[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4773]
[[Page Unknown]]
[Federal Register: March 2, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-807]
Ceiling Fans From the People's Republic of China: Notice of Court
Decision; Exclusion From the Application of the Antidumping Duty Order,
in Part; Termination of Administrative Reviews; and Amended Final
Determination and Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amendment to amended final determination of sales at
less-than-fair-value, exclusion from the application of the amended
antidumping duty order, and termination of administrative reviews in
accordance with decision upon remand.
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SUMMARY: On January 5, 1994, the United States Court of International
Trade (``CIT'') affirmed the Department's May 14, 1993, remand
determination without comment. See CEC Electrical Manufacturing (Int'l)
Company Ltd. v. United States, Slip Op. 94-2 (CIT January 5, 1994). The
remand resulted in a finding of a de minimis margin for CEC Electrical
Manufacturing (International) Company, Ltd./CEC Industries (Shenzhen)
Ltd./CEC (USA) Texas Group, Inc. (``CEC'') and, consequently, a
negative determination of sales at less than fair value for the
investigation of CEC. Therefore, CEC is excluded from the application
of the antidumping duty order on ceiling fans from the People's
Republic of China (``PRC''). Because CEC is excluded from the
application of the antidumping duty order, we are also terminating both
ongoing administrative reviews with respect to CEC. In addition, the
exclusion of CEC results in a change in the all others rate.
EFFECTIVE DATE: January 15, 1994.
FOR FURTHER INFORMATION CONTACT: Jeffery B. Denning or Stephen Alley,
Office of Antidumping Investigations, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4194 or (202) 482-5288, respectively.
SUPPLEMENTARY INFORMATION:
Background:
On June 5, 1991, the Department published its Preliminary
Determinations of Sales at Less Than Fair Value: Oscillating Fans and
Ceiling Fans From the People's Republic of China (56 FR 25664). In that
determination, the Department found CECs weighted-average dumping
margin for the ceiling fans class or kind of merchandise to be 0.37
percent, de minimis. (CEC was not identified as a producer or exporter
of products within the oscillating fans class or kind of merchandise.)
However, in the final determination the Department found CEC's
weighted-average dumping margin for the ceiling fans to be 2.70
percent. See Final Determinations of Sales at Less Than Fair Value:
Oscillating Fans and Ceiling Fans From the People's Republic of China,
56 FR 55271 (October 25, 1991). Consequently, we instructed the U.S.
Customs Service to begin suspension of liquidation of all entries of
ceiling fans manufactured by CEC entered into U.S. Customs territory on
or after October 25, 1991, the date of publication of the final
determination. On December 9, 1991, the Department published an
amendment to its final determinations, and antidumping duty orders in
this proceeding. See Antidumping Duty Orders and Amendments to Final
Determinations of Sales at Less Than Fair Value: Oscillating Fans and
Ceiling Fans From the People's Republic of China, 56 FR 64240 (December
9, 1991) (``Fans LTFV Final and Order'').
CEC instituted an action at the CIT challenging the Department's
final less-than-fair-value determination.1 See CEC Electrical
Manufacturing (Int'l) Company Ltd. v. United States, Court No. 92-01-
0014 (``CEC Electrical''). On December 7, 1992, the Department filed a
motion before the CIT for voluntary remand in CEC Electrical, and on
December 8, 1992, the CIT granted the Department's request. Pursuant to
the court's order granting voluntary remand, on May 14, 1993, the
Department presented to the court the Final Results of Redetermination
Pursuant To Grant Of Voluntary Remand: CEC Electrical Manufacturing
Company Ltd. v. United States (``Voluntary Remand'').
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\1\A second respondent involved in the original investigation,
Holmes/Esteem, instituted a separate challenge before the CIT
challenging the Department's final determination. Holmes Products
Corp. & Esteem Industries, Ltd. v. United States, Court No. 91-12-
00906. That action has been resolved. See Oscillating Fans from the
People's Republic of China: Notice of Court Decision, Retroactive
Revocation of Antidumping Duty Order, and Termination of
Administrative Review, 58 FR 30026 (May 25, 1993). As a result of
the Department's May 25, 1993, action, the scope of these
proceedings has been reduced to a single class or kind of
merchandise: ceiling fans.
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In that remand redetermination, the Department considered four
issues raised by CEC. These were:
1. Double-counting of certain inputs in the downrod assembly;
2. Double-counting of the raw material input in the paddle brackets;
3. Misreported price of a specific input for one fan model; and
4. The Department's use of surrogate equivalents for certain inputs.
Regarding issues one and two, the Department determined that
double-counting had occurred in both instances in the Fans LTFV Final
and Order. For the remand redetermination we eliminated all such
double-counting. Regarding issue three, we corrected the misreported
price. Finally, issue four involves CEC's challenge of certain
applications of surrogate data in valuing factors of production. CEC
claimed that the Department is required to adjust surrogate data for
such factors as: the number of fan blades; the size of the fan; and
variations in packing materials. In the remand redetermination we
rejected CEC's arguments. The basis for our rejection is that section
773(c)(1) of the Act provides for valuation of factors of production on
the ``best available information'' from an appropriate surrogate
country, not on the basis of perfectly conforming information.
Therefore, we maintained that we were not required to make the
adjustments CEC requested. The Department's redetermination on remand
was affirmed by the CIT on January 5, 1994. See CEC Electrical
Manufacturing (Int'l) Company Ltd. v. United States, Slip Op. 94-2 (CIT
January 5, 1994).
As a result of these three modifications to our antidumping duty
calculations, the final weighted-average dumping margin for CEC is 0.37
percent, and is, therefore, de minimis, pursuant to section 353.6(a) of
the Department's regulations. Consequently, our final less-than-fair-
value determination for CEC is negative.
Exclusion From the Application of the Antidumping Duty Order, in Part
Pursuant to section 735(c)(2) of the Act and 19 CFR 353.21(c), we
are excluding CEC from the application of the antidumping duty order on
imports of ceiling fans. However, if the Department has reasonable
cause to believe or suspect at any time during the existence of the
antidumping duty order that CEC has sold or is likely to sell the
subject merchandise to the United States at less than its foreign
market value, the Department may institute an administrative review of
CEC under section 751(b) of the Tariff Act of 1930, as amended.
Because CEC obtained an injunction during the court proceeding, the
effective date of the exclusion is retroactive to October 25, 1991, the
publication date of the Final Determinations of Sales at Less Than Fair
Value: Oscillating Fans and Ceiling Fans From the People's Republic of
China, and the date we began suspension of liquidation for entries of
CEC ceiling fans from the PRC.
Termination of Administrative Reviews
Since publication of the Fans LTFV Final and Order, the Department
has initiated, pursuant to section 751 of the Act, first and second
administrative reviews of the antidumping duty order. Those reviews are
investigating imports of subject merchandise during the respective
review periods by CEC (as well as other producers). (See our published
notices of initiation of administrative reviews, 58 FR 11026 (February
23, 1993) and 59 FR 2593 (January 18, 1994), respectively.) Because we
are retroactively excluding CEC from the application of this
antidumping duty order, we are also hereby terminating both
administrative reviews with regard to imports by CEC.
Termination of Suspension of Liquidation
Pursuant to section 516(e)(2) of the Act, the Department will
instruct the U.S. Customs Service to terminate the suspension of
liquidation of ceiling fans from the PRC, entered or withdrawn for
consumption on or after October 25, 1991, by CEC and to proceed with
liquidation of the subject merchandise, which entered the United States
on or after that date without regard to antidumping duties.
Additionally, the Department will instruct U.S. Customs Service to
release any bond or other security with respect to entries of subject
merchandise, pursuant to section 735(c)(3)(B) of the Act.
Change in All Others Rate
The exclusion of CEC changes the all others antidumping rate from
2.05 to 1.65 percent, which is the rate of the only remaining company
from the investigation (Wing Tat Electric Manufacturing Co., Ltd./China
Miles Co., Ltd.) with a margin above de minimis. The Department will
instruct the U.S. Customs Service to begin collecting antidumping duty
deposits equal to 1.65 percent of the entered value of the subject
merchandise from all other producers/exporters, effective January 15,
1994.
Dated: February 23, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-4773 Filed 3-1-94; 8:45 am]
BILLING CODE 3510-DS-P