[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5878]
[[Page Unknown]]
[Federal Register: March 14, 1994]
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DEPARTMENT OF COMMERCE
[A-588-029]
Preliminary Results of Antidumping Duty Administrative Review;
Fishnetting of Man-Made Fiber From Japan
AGENCY: International Trade Administration/Import Administration,
Commerce.
ACTION: Notice of preliminary results of antidumping finding
administrative review.
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SUMMARY: In response to a request by Yamaji Fishing Net Co., Ltd. (the
respondent), the Department of Commerce (the Department) has conducted
an administrative review of the antidumping finding on fishnetting of
man-made fiber from Japan. This review covers one company and the
period June 1, 1992 through May 31, 1993. For these preliminary
results, we applied the best information available (BIA). The review
indicates the existence of dumping margins during the period.
We invite interested parties to comment on these preliminary
results.
EFFECTIVE DATE: March 14, 1994.
FOR FURTHER INFORMATION CONTACT:
Kim Moore or Lisa Raisner, Office of Antidumping Compliance,
International Trade Administration, U.S. Department of Commerce,
Washington, DC 20230, telephone: (202) 482-0090/3518.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 1972, the Department of Treasury published in the
Federal Register (37 FR 11560) the antidumping finding on fishnetting
of man-made fiber from Japan. On June 7, 1993, the Department published
a notice of opportunity to request review for the period June 1, 1992
through May 31, 1993 (58 FR 31941). The respondent requested, in
accordance with 19 CFR 353.22(a) that we conduct an administrative
review. We published the notice of initiation on July 21, 1993 (58 FR
39007). The Department has now conducted that 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 classified 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.
This review covers entries of the subject merchandise by Yamaji
Fishing Net Co., Ltd., during the period June 1, 1992 through May 31,
1993.
Analysis
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, see the verification report filed
on the record of this case.
Because we have no data upon which we can reliably base our
analysis, the Department must use BIA for its preliminary results of
review.
Best Information Available
In accordance with section 776(c) of the Tariff Act, we rely upon
BIA in cases where a party refuses or is unable to produce information
requested in a timely manner and in the form required, or otherwise
significantly impedes proceedings. The Department generally uses a two-
tiered approach in its choice of BIA. For uncooperative respondents or
respondents which substantially impede the proceedings (``first
tier''), the Department uses the higher of (1) the highest rate for any
company from the original investigation or prior administrative review
or (2) the highest rate found in the current review for any company.
For respondents which attempt to cooperate (``second tier''), the
Department uses the higher of (1) the highest rate ever applicable to
the firm for the subject merchandise or (2) the highest calculated rate
in the current review for any firm (see Antifriction Bearings (Other
than Tapered Roller Bearings) and Parts Thereof from France, et al., 58
FR 39729, July 26, 1993).
As outlined above, the second-tier BIA rate should be applied,
since Yamaji was essentially cooperative. Accordingly, we will continue
to apply Yamaji's previous rate of 18.30 percent, which is both the
highest rate ever applicable to the firm for the subject merchandise
and the highest rate in the proceeding (see Fishnetting of Man-Made
Fibers from Japan; Final Results of Administrative Review of
Antidumping Finding, 56 FR 49457, September 30, 1991).
Preliminary Results of the Review
As a result of our review, we preliminarily determine that a margin
exists for the period June 1, 1992 through May 31, 1993, as follows:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
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Yamaji Fishing Net Co., Ltd................................... 18.30
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Interested parties may request disclosure within 5 days of the date
of publication of this notice and may request a hearing within 10 days
of publication. Any hearing, if requested, will be held 44 days after
the date of publication or the first business day thereafter. Case
briefs and/or written comments from interested parties may be submitted
no later than 30 days after the date of publication. Rebuttal briefs
and rebuttals to written comments, limited to issues raised in those
comments, may be filed not later than 37 days after the date of
publication of this notice. The Department will publish the final
results of this administrative review, including the results of its
analysis of issues raised in any such written comments or at a hearing.
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. The Department
will issue appraisement instructions on each exporter directly to the
Customs Service.
Furthermore, the following deposit requirements will be effective,
upon publication of the notice of final results of this administrative
review, for all shipments of the subject merchandise from Japan that
are entered, or withdrawn from warehouse, for consumption on or after
the publication date of the final results of review, as provided by
section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for the
reviewed company will be that established in the final results of this
administrative review; (2) for previously reviewed or investigated
companies not listed above, the cash deposit rate will continue to be
their company-specific rate published for the most recent period; (3)
if the exporter is not a firm covered in this 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, and, because the
proceeding is governed by an antidumping finding, the cash deposit rate
will be set equal to the ``new shipper'' rate established in the first
administrative review, as discussed below.
On May 25, 1993, the Court of International Trade, in Floral Trade
Council v. United States, Slip Op. 93-79, and Federal-Moqul Corporation
and the Torrington Company v. United States, Slip Op. 93-83, 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 of 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 the
administrative review published by the Department (or that rate as
amended for correction of clerical errors or as a result of litigation)
as the ``all others'' rate for the purpose of establishing cash
deposits in all current and future administrative reviews.
Because this proceeding is governed by an antidumping 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 the 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 also 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 could 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 Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR
353.22(c).
Dated: March 4, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-5878 Filed 3-11-94; 8:45 am]
BILLING CODE 3510-DS-M