[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: 94-25784] [[Page Unknown]] [Federal Register: October 18, 1994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE [A-588-813] Light-Scattering Instruments and Parts Thereof from Japan; Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of preliminary results of Antidumping Duty Administrative Review. ----------------------------------------------------------------------- SUMMARY: In response to a request by the petitioner, Wyatt Technology Corporation (Wyatt), the Department of Commerce (the Department) is conducting the third administrative review of the antidumping duty order on light-scattering instruments (LSIs) and parts thereof from Japan. The review covers one manufacturer/exporter, Otsuka Electronics Co., Ltd. (Otsuka), and entries of the subject merchandise into the United States during the period November 1, 1992 through October 31, 1993. We have preliminarily determined, using the best information available (BIA), that dumping margins exist with respect to Otsuka. Interested parties are invited to comment on these preliminary results. EFFECTIVE DATE: October 18, 1994. FOR FURTHER INFORMATION CONTACT: Nooshen Amiri, or Maureen Flannery, Office of Antidumping Compliance, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 482-4733. SUPPLEMENTARY INFORMATION: Background On November 19, 1990, the Department published in the Federal Register an antidumping duty order on LSIs and parts thereof from Japan (55 FR 48144). On November 9, 1993, the petitioner, Wyatt, requested that we conduct an administrative review in accordance with section 353.22(a) of the Department's regulations (19 CFR 353.22(a)). We initiated the review covering the period November 1, 1992 through October 31, 1993 (58 FR 65964, December 17, 1993). The Department has now conducted the review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Review This review covers imports of LSIs and parts thereof from Japan. The Department defines such merchandise as LSIs and the parts thereof, specified below, that have classical measurement capabilities, whether or not also capable of dynamic measurement. Classical measurement (also known as static measurement) capability usually means the ability to measure absolutely (i.e., without reference to molecular standards) the weight and size of macromolecules and submicron particles in solution, as well as certain molecular interaction parameters, such as the so- called second viral coefficient. (An instrument that uses single-angle instead of multi-angle measurement can only measure molecular weight and the second viral coefficient.) Dynamic measurement (also known as quasi-elastic measurement) capability refers to the ability to measure the diffusion coefficient of molecules or particles in suspension and deduce therefrom features of their size and size distribution. LSIs subject to this review employ laser light and may use either a single- angle or multi-angle technique. The following parts are included in the scope of this administrative review when they are manufactured according to specifications and operational requirements for use only in an LSI as defined in the preceding paragraph: scanning photomultiplier assemblies, immersion baths (to provide temperature stability and/or refractive index matching), sample-containing structures, electronic signal-processing boards, molecular characterization software, preamplifier/discriminator circuitry, and optical benches. LSIs subject to this review may be sold inclusive or exclusive of accessories such as personal computers, cathode ray tube displays, software, or printers. LSIs are currently classifiable under Harmonized Tariff Schedule (HTS) subheading 9027.30.40. LSI parts are currently classifiable under HTS subheading 9027.90.40. HTS subheadings are provided for convenience and customs purposes. The written product description remains dispositive. Different items with the same name as subject parts may enter under subheading 9027.90.40. To avoid the unintended suspension of liquidation of non-subject parts, those items entered under subheading 9027.90.40 and generally known as scanning photomultiplier assemblies, immersion baths, sample-containing structures, electronic signal-processing boards, molecular characterization software, preamplifier/discriminator circuitry, and optical benches must be accompanied by an importer's declaration to the Customs Service stating that they are not manufactured for use in a subject LSI. This review covers entries of the subject merchandise manufactured by Otsuka and entered during the period November 1, 1992 through October 31, 1993. Preliminary Results of Review On June 14, 1994, Otsuka informed the Department that it had decided not to respond to the Department's supplemental questionnaire, and not to allow verification of its previously submitted questionnaire response. The Department, therefore, determines that Otsuka is an uncooperative respondent. As a result, in accordance with section 776(c) of the Act, we have determined that the use of BIA is appropriate. Whenever, as here, a company refuses to cooperate with the Department, or otherwise significantly impedes an antidumping proceeding, we use as BIA the higher of (1) the highest of the rates found for any firm for the same class or kind of merchandise in the less-than-fair-value (LTFV) investigation or prior administrative reviews; or (2) the highest rate found in this review for any firm for the same class or kind of merchandise. (See Antifriction Bearings from France, et. al; Final Results of Review, 58 FR 39729 (July 26, 1993).) As BIA, we assigned the rate of 129.71 percent, which is the highest rate for any company from both the prior review and the LTFV investigation. Consequently, we preliminarily determine that the following dumping margin exists for the period November 1, 1992 through October 31, 1993: ------------------------------------------------------------------------ Manufacturer/exporter Period of review Margin ------------------------------------------------------------------------ Otsuka Electronics, Ltd.................. 11/01/92-10/31/93 129.71 ------------------------------------------------------------------------ Any interested party may request a hearing within 10 days of publication of this notice. Any hearing will be held 44 days after the date of publication of this notice, or the first workday thereafter. Interested parties may submit case briefs within 30 days of the publication date of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than 37 days after the date of publication. The Department will publish a notice of the final results of this administrative review, which will include the result of its analysis of issues raised in any such case briefs or hearing. The following deposit requirements shall be effective for all shipments of the subject merchandise that are entered or withdrawn from warehouse for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act: (1) The cash deposit rates for the reviewed company shall be those rates established in the final results of this review; (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, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate shall 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 by the Department, the cash deposit rate will be 129.71%, the all other rate established in the LTFV investigation. 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 preliminary 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 will result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are in accordance with section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22. Dated: October 7, 1994. Susan G. Esserman, Assistant Secretary for Import Administration. [FR Doc. 94-25784 Filed 10-17-94; 8:45 am] BILLING CODE 3510-DS-P