[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Notices]
[Pages 32426-32427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15920]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-008]
Color Television Receivers From the Republic of Korea: Initiation
of Changed Circumstances Antidumping Duty Administrative Review and
Consideration of Revocation of Order (in Part)
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of changed circumstances antidumping duty
administrative review and consideration of revocation of order (in
Part).
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SUMMARY: In response to a request made on July 20, 1995, by Samsung
Electronics Co., Ltd. (Samsung), the Department of Commerce (the
Department) is initiating a changed circumstances antidumping duty
administrative review to consider Samsung's request to revoke the
antidumping duty order on color television receivers (CTVs) from Korea
(49 FR 18336, April 30, 1984) as it relates to Samsung.
EFFECTIVE DATE: June 24, 1996.
FOR FURTHER INFORMATION CONTACT: David Genovese or Joseph Hanley,
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-
4697/3058.
SUPPLEMENTARY INFORMATION:
Background
On July 20, 1995, Samsung requested that the Department conduct a
changed circumstances review and revoke the order as to Samsung after
completion of the review. Zenith Electronics Corporation, a domestic
interested party, and petitioners filed objections to Samsung's request
on August 4, 1995, and August 11, 1995, respectively.
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the Act
by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department's regulations are
to the current regulations, as amended by the interim regulations
published in the Federal Register on May 11, 1995 (60 FR 25130).
Scope of Review
Imports covered by the antidumping duty order include CTVs,
complete and incomplete, from the Republic of Korea. This merchandise
is currently classifiable under item numbers 8528.10.80, 8529.90.15,
8529.90.20, and 8540.11.00 of the Harmonized Tariff Schedule (HTS).
Since the order covers all CTVs regardless of HTS classification, the
HTS subheadings are provided for convenience and for U.S. Customs
Service purposes. Our written description of the scope of the order
remains dispositive.
[[Page 32427]]
Initiation of Changed Circumstances Antidumping Duty Administrative
Review
Pursuant to section 751(d) of the Act, the Department may partially
revoke an antidumping duty order based on a review under section 751(b)
of the Act (i.e., a changed circumstances review). Section 751(b)(1) of
the Act requires the Department to conduct a changed circumstances
administrative review upon receipt of a request containing information
concerning changed circumstances sufficient to warrant a review.
The Department's regulations at 19 C.F.R. 353.25(d) permit the
Department to conduct a changed circumstances administrative review
under 19 C.F.R. 353.22(f) provided that the Department concludes from
the available information, including information in a request for a
changed circumstances review, that changed circumstances sufficient to
warrant a review exists.
In its July 20, 1995 request for a changed circumstances review and
partial revocation of the antidumping duty order, Samsung noted: 1) the
decision of the Court of Appeals for the Federal Circuit in Daewoo
Electronics Co., Ltd., et al. v. United States, 6 F.3d 1511 (Fed. Cir.
1993), cert. denied, 114 S. Ct. 2672 (1994), which Samsung claims made
it possible for the first time for it to contemplate the possibility of
de minimis margins for three or more consecutive review periods; 2)
that as a direct result of that decision, Samsung has now established
that it has not been dumping CTVs in the United States for six
consecutive years; and 3) that it has not shipped CTVs to the U.S.
since 1991.
We have determined that the unique circumstances presented by
Samsung in this proceeding constitute changed circumstances sufficient
to warrant a review under section 751(b) of the Act and 19 CFR
353.22(f) of the Department's regulations. Specifically, the statute,
the Department's regulations and our international obligations
anticipate that a methodology exist whereby parties that have
demonstrated a history of not selling at less than normal value and
have established that it is not likely that they will, in the future,
sell at less than normal value may obtain a partial revocation of the
order. Normally, the methodology established by section 353.25 (a) and
(b) is adequate to accomplish that purpose; however, the combination of
the timing of certain court decisions, the timing of certain results of
administrative review in this proceeding, and the coincidence of these
events with the company's decision to stop shipping from Korea may have
prevented the regulation from operating as intended with respect to
Samsung. Therefore, in accordance with section 751(b) of the Act and 19
CFR 353.22(f) of the Department's regulations, we are initiating this
changed circumstances administrative review in order to determine
whether a partial revocation of the order would be appropriate as to
Samsung.
On January 19, 1996, we initiated an anti-circumvention inquiry to
determine whether Samsung is circumventing the antidumping duty order
by completing or assembling CTVs in Mexico and Thailand for exportation
to the United States. We will be conducting this changed circumstances
review concurrently with the anti-circumvention inquiry, and we will
consider the relevance of our findings in the anti-circumvention
inquiry to this changed circumstances review.
This notice is in accordance with section 751(b)(1) of the Act and
sections 353.22(f) and 353.25(d) of the Department's regulations.
Dated: June 11, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-15920 Filed 6-21-96; 8:45 am]
BILLING CODE 3510-DS-P