[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31964]


[Federal Register: December 28, 1994]


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DEPARTMENT OF COMMERCE
[A-588-813]


Light Scattering Instruments and Parts Thereof From Japan; Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review.

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SUMMARY: On October 18, 1994, the Department of Commerce (the 
Department) published the preliminary results of 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 of the merchandise to the United States, Otsuka 
Electronics, Ltd. (Otsuka), and entries of the subject merchandise to 
the United States during the period November 1, 1992 through October 
31, 1993. We gave interested parties an opportunity to comment on the 
preliminary results. We received no comments. Based on our analysis, 
the final results remain unchanged from those presented in the 
preliminary results.

EFFECTIVE DATE: December 28, 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, NW, 
Washington, DC 20230; telephone: (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    On October 18, 1994, the Department published in the Federal 
Register (59 FR 52511) the preliminary results of the third 
administrative review of the antidumping duty order on LSIs and parts 
thereof from Japan (55 FR 48144, November 19, 1990). The Department has 
now completed 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 measurements. 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 the 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 U.S. Customs Service 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 to the effect that they are not manufactured for use in 
a subject LSI.
    This review covers entries of the subject merchandise exported by 
Otsuka and entered during the period November 1, 1992 through October 
31, 1993.

Final Results of Reviews

    We gave interested parties an opportunity to comment on the 
preliminary results of these reviews. We received no comments. We have 
made no changes from the preliminary results of our review. 
Consequently, we have determined 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  \1\129.71
------------------------------------------------------------------------
\1\Best information available rate; margin used is from the             
  investigation.                                                        

    Parties to the proceeding may request disclosure within 5 days of 
the date of publication of this notice. The Department will instruct 
the Customs Service to assess antidumping duties on all appropriate 
entries. The Department will issue appraisement instructions directly 
to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of final results of review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for 
Otsuka will be 129.71 percent, the rate 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 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 investigation of sales at less than fair 
value (LTFV), 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, the cash deposit rate 
will be the ``all others'' rate from the LTFV investigation of this 
case, in accordance with the Court of International Trade's decisions 
in Floral Trade Council v. United States, 822 F. Supp. 766 (1993), and 
Federal-Mogul Corporation and the Torrington Company v. United States, 
839 F. Supp. 864 (1993). The all others rate is 129.71 percent. 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 final 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.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d). Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and Sec. 353.22 of 
the Department's regulations.

    Dated: December 13, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-31964 Filed 12-27-94; 8:45 am]
BILLING CODE 3510-DS-M