[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Notices]
[Page 6624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3756]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-583-009
Color Television Receivers, Except for Video Monitors, From
Taiwan; Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amendment to final results of antidumping Duty
Administrative Review.
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SUMMARY: On April 19, 1995, and April 25, 1995, the United States Court
of International Trade (CIT) affirmed our results for the following
redeterminations on remand of the final results of administrative
review of the antidumping duty order on color television receivers,
except for video monitors, from Taiwan: Zenith Electronics v. United
States, Consol. Court No. 92-01-00007 (fourth and sixth reviews); and,
AOC International Ltd. et. al. v. United States, Consol. Court No. 92-
06-00367 (seventh review).
EFFECTIVE DATE: February 21, 1996.
FOR FURTHER INFORMATION CONTACT: G. Leon McNeill or Maureen Flannery,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, D.C. 20230; telephone: (202) 482-
4733.
SUPPLEMENTARY INFORMATION:
Background
On December 12 and December 13, 1994, the CIT issued orders
directing the Department to recalculate the valued-added tax (VAT)
according to the methodology employed in Federal Mogul v. United
States, 834 F. Supp. 1391 (CIT 1993) (Federal Mogul) for various
companies for the periods April 1, 1987 through March 31, 1988 (fourth
review), April 1, 1989 through March 31, 1990 (sixth review), and April
1, 1990 through March 31, 1991 (seventh review). Also, on December 12,
1994, the CIT directed the Department to re-examine its use of the most
adverse (first-tier) best information available (BIA) for AOC
International, Inc. in the seventh review in light of Allied Signal
Aerospace Co., v. United States, 996 F. 2d. 1185, (Fed. Cir. 1993).
Pursuant to the instructions of the CIT, the Department
recalculated the VAT consistent with the methodology employed in
Federal Mogul, for various companies for the fourth, sixth and seventh
reviews. The Department also reconsidered its use of first-tier BIA for
AOC for the seventh review, and determined that the application of
first-tier BIA was reasonable. On April 19, 1995, the CIT affirmed our
use of first-tier BIA in the seventh review. On April 25, 1995, the CIT
affirmed our application of the VAT methodology in the fourth, sixth
and seventh reviews. As a result of this application, we have
determined that the weighted-average margins for each company are as
follows:
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Margin
Company Period (percent)
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Action Electronics Co., Ltd.................................................. 04/01/87-03/31/88 0.00
04/01/89-03/31/90 0.54
04/01/90-03/31/91 1.22
AOC International, Inc....................................................... 04/01/89-03/31/90 0.15
04/01/90-03/31/91 23.89
Proton Electronic Industrial Co., Ltd........................................ 04/01/87-03/31/88 0.09
04/01/90-03/31/91 3.70
Tatung Company............................................................... 04/01/87-03/31/88 0.87
04/01/89-03/31/90 0.22
04/01/90-03/31/91 0.19
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Amended Final Results of Review
Based on our revised calculations, we have amended our final
results of reviews for the period April 1, 1987 through March 31, 1988,
April 1, 1989 through March 31, 1990, and April 1, 1990 through March
31, 1991. Because AOC filed an appeal with the United States Court of
Appeals for the Federal Circuit concerning the final results for the
fourth review, the Department will publish the rate for AOC in that
review after the appeal has been resolved and the decision is final and
conclusive. The Department shall determine, and the Customs Service
shall assess, antidumping duties on all appropriate entries. Individual
differences between U.S. price and foreign market value may vary from
the percentages stated above. The Department will issue appraisement
instructions directly to the Customs Service for each exporter.
This notice serves as a 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 the review period. Failure to comply with this
requirement could result in the presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
This amendment of final results of review and notice are in
accordance with section 751(f) of the Tariff Act of 1930 (19 U.S.C.
1673 (d) and 19 CFR 353.28(c).
Dated: February 12, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-3756 Filed 2-20-96; 8:45 am]
BILLING CODE 3510-DS-P