[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25782]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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DEPARTMENT OF COMMERCE
[A-588-029]
Final Results of Antidumping Duty Administrative Review;
Fishnetting of Man-Made Fiber From Japan
AGENCY: International Trade Administration/Import Administrative
Review.
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SUMMARY: On March 14, 1994, the Department of Commerce published in the
Federal Register the preliminary results of an administrative review of
the antidumping duty finding on fishnetting of man-made fiber from
Japan. This review covers one company and the period June 1, 1992,
through May 31, 1993. We did not receive any comments on the
preliminary results. Therefore, the dumping margin for the company
reviewed is unchanged from the margin presented in the preliminary
results.
EFFECTIVE DATE: October 18, 1994.
FOR FURTHER INFORMATION CONTACT:
Kim Moore, Office of Antidumping Compliance, International Trade
Administration, U.S. Department of Commerce, Washington, DC 20230,
telephone: (202) 482-0090.
SUPPLEMENTARY INFORMATION:
Background
On March 14, 1994, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty finding of fishnetting of
man-made fiber from Japan (59 FR 11770). The Department has now
completed this administrative review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Tariff Act).
Scope of the Review
Imports covered by the review are shipments of fishnetting of man-
made fibers, not including salmon gill netting, from Japan. The
merchandise is currently classifiable under item numbers 5608.11.00,
5608.19.10, and 5608.90.10 of the Harmonized Tariff Schedule (HTS). The
HTS item numbers are provided for convenience and customs purposes. The
written product description remains dispositive.
The review period is June 1, 1992, through May 31, 1993. This
review covers one company Yamaji Fishing Net Co., Ltd.
Analysis
As stated in the preliminary results, although Yamaji attempted to
respond to all Department requests for information, the data submitted
was unverifiable. In particular, at verification in Japan we discovered
that approximately 40 percent of total home market sales had not been
reported. Furthermore, because Yamaji did not prepare adequate source
documentation, the Department was unable to complete sales traces to
its satisfaction. Finally, significant discrepancies and errors in
Yamaji's sales listings were identified, thereby making it impossible
to verify several of Yamaji's claimed adjustments. For further
information on the deficiencies in the respondent's questionnaire
response, refer to the verification report dated February 14, 1994.
Therefore, because we had no data upon which we could reliably base
our analysis, the Department used the best information available (BIA)
for its preliminary results. As outlined in the preliminary results,
the second-tier BIA rate was applied, since Yamaji was cooperative.
We gave interested parties an opportunity to comment on the
preliminary results and received no comments. Accordingly, we will
continue to apply Yamaji's previous rate of 18.30 percent, the highest
rate applicable to any firm for the subject merchandise (see
Fishnetting of Man-Made Fibers from Japan; Final Results of
Administrative Review of Antidumping Finding, 56 FR 49457, September
30, 1991).
Final Results of the Review
As a result of our review, we determine that a margin exists for
the period June 1, 1992, through May 31, 1993, as follows:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
------------------------------------------------------------------------
Yamaji Fishing Net Co., Ltd................................... 18.30
------------------------------------------------------------------------
The Department shall determine, and the U.S. Customs Service shall
assess, antidumping duties on all appropriate entries. The Department
shall issue appraisement instructions directly to the Customs Service.
Furthermore, the following deposit requirement shall be effective,
upon publication of this notice of final results of administrative
review, for all shipments of the subject merchandise from Japan that
are entered, or withdrawn from warehouse, for consumption on or after
the date of publication of this notice, as provided by section
751(a)(1) of the Tariff Act: (1) The cash deposit rate for the reviewed
company will be the rate established above; (2) for previously reviewed
or investigated companies not listed above, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, any
previous review, or the original investigation, but the manufacturer
is, the cash deposit rate will be the rate established for the most
recent period for the manufacturer of the merchandise; and (4) if
neither the exporter nor the manufacturer is a firm covered in this or
any previous review, the cash deposit rate will be the ``new shipper''
rate established in the first administrative review, as discussed
below.
On May 25, 1993, the Court of International Trade (CIT), and
Federal--Mogul Corporation and the Torrington Company v. United States,
822 F. Supp. 782 (CIT 1993), decided that once an ``all others'' rate
is established for a company, it can only be changed through an
administrative review. The Department has determined that in order to
implement these decisions, it is appropriate to reinstate the original
``all others'' rate from the less-than-fair-value (LTFV) investigation
(or that rate as amended for correction for clerical errors or as a
result of litigation) in proceedings governed by antidumping duty
orders. In proceedings governed by antidumping findings, unless we are
able to ascertain the ``all others'' rate from the Treasury LTFV
investigation, the Department has determined that it is appropriate to
adopt the ``new shipper'' rate established in the first final results
of administrative review published by the Department (or that rate as
amended for correction of clerical error or as result of litigation) as
the ``all others'' rate for the purposes of establishing cash deposits
in all current and future administrative reviews.
Because this proceeding is governed by an antidumping duty finding,
and we are unable to ascertain the ``all others'' rate from the
Treasury LTFV investigation, the ``all others'' rate for the purposes
of the review will be 1.94 percent, the ``new shipper'' rate
established in the first final results of administrative review
published by the Department (47 FR 28978, July 2, 1982).
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review,
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification of
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of the APO is a sanctionable violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR
3563.22.
Dated: October 7, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-25782 Filed 10-17-94; 8:45 am]
BILLING CODE 3510-05-M