[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Notices]
[Pages 22048-22049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11057]
[[Page 22048]]
DEPARTMENT OF COMMERCE
[A-580-803]
Certain Small Business Telephone Systems and Subassemblies
Thereof From Korea; 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 December 23, 1994, the Department of Commerce (the
Department) published the preliminary results of its 1993-94
administrative review of the antidumping duty order on certain small
business telephone systems and subassemblies thereof (SBTS) from Korea.
The review covers one manufacturer/exporter of this merchandise to the
United States, SsangBangWool Inc. (SBW). The review period is February
1, 1993, through January 31, 1994.
We gave interested parties the opportunity to comment on the
preliminary results. We received one comment from the respondent.
EFFECTIVE DATE: May 4, 1995.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Michael R. Rill,
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 December 23, 1994, the Department published in the Federal
Register (59 FR 66294) the preliminary results of its administrative
review of the antidumping duty order on SBTS from Korea (55 FR 4215,
February 7, 1990). The Department has now completed that administrative
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Tariff Act).
Scope of the Review
The products covered by this review are SBTS, currently
classifiable under Harmonized Tariff Schedule (HTS) item numbers
8517.30.2000, 8517.30.2500, 8517.30.3000, 8517.10.0020, 8517.10.0040,
8517.10.0050, 8517.10.0070, 8517.10.0080, 8517.90.1000, 8517.90.1500,
8517.90.3000, 8518.30.1000, 8504.40.0004, 8504.40.0008, 8504.40.0010,
8517.81.0010, 8517.81.0020, 8517.90.4000, and 8504.40.0015.
The HTS item numbers are provided for convenience and Customs
purposes. They are not determinative of the products subject to the
order. The written description remains dispositive.
Certain SBTS are telephone systems, whether complete or incomplete,
assembled or unassembled, with intercom or internal calling capability
and total non-blocking port capacities of between 2 and 256 ports, and
discrete subassemblies designed for use in such systems. A subassembly
is ``designed'' for use in a small business telephone system if it
functions to its full capability only when operated as part of a small
business telephone system. These subassemblies are defined as follows:
(1) Telephone sets and consoles, consisting of proprietary, corded
telephone sets or consoles. A console has the ability to perform
certain functions including: Answer all lines in the system; monitor
the status of other phone sets; and transfer calls. The term
``telephone sets and consoles'' is defined to include any combination
of two or more of the following items, when imported or shipped in the
same container, with or without additional apparatus: housing; hand
set; cord (line or hand set); power supply; telephone set circuit
cards; console circuit cards.
(2) Control and switching equipment, whether denominated as a key
service unit, control unit, or cabinet/switch. ``Control and switching
equipment'' is defined to include the units described in the preceding
sentence which consist of one or more circuit cards or modules
(including backplane circuit cards) and one or more of the following
items, when imported or shipped in the same container as the circuit
cards or modules, with or without additional apparatus: connectors to
accept circuit cards or modules; building wiring.
(3) Circuit cards and modules, including power supplies. These may
be incorporated into control and switching equipment or telephone sets
and consoles, or they may be imported or shipped separately. A power
supply converts or divides input power of not more than 2400 watts into
output power of not more than 1800 watts supplying DC power of
approximately 5 volts, 24 volts, and 48 volts, as well as 90 volt AC
ringing capability.
The following merchandise has been excluded from this order: (1)
Nonproprietary industry-standard (``tip/ring'') telephone sets and
other subassemblies that are not specifically designed for use in a
covered system, even though a system may be adapted to use such
nonproprietary equipment to provide some system functions; (2)
telephone answering machines or facsimile machines integrated with
telephone sets; and (3) adjunct software used on external data
processing equipment.
The review covers one manufacturer/exporter of this merchandise to
the United States, SBW. The review period is February 1, 1993, through
January 31, 1994.
Analysis of Comments Received
We gave interested parties an opportunity to comment on the
preliminary results as provided by section 353.22(c) of the
Department's regulations. We received one comment from the respondent.
Comment Received From SBW
Comment: SBW argues that the Department should include an
adjustment for duty drawback with respect to one U.S. sale for which
duty drawback has not yet been received. SBW states that it routinely
submits the required documentation to Customs and receives the duty
drawback allowance. However, at the time of submission, SBW had not
received duty drawback with respect to this one sale. Also, SBW asserts
that it has already applied for drawback and has no reason to believe
that it will not be granted. SBW requests that the Department make the
duty drawback adjustment for the sale in question by using the higher
of two amounts of drawback reported for the two groups of export
transactions for the period of review.
Department's Position: We disagree with SBW. On March 10, 1995, SBW
informed the Department that drawback had still not been received with
respect to this sale. Thus, more than a year and a half has elapsed
since the date of shipment, and SBW has not received any duty drawback.
This is more than sufficient time for SBW to collect drawback. In
addition, SBW received duty drawback for other exports of this
merchandise shipped at about the same time and even later. Accordingly,
because SBW has not received drawback for this sale, we have determined
that an adjustment for duty drawback is not appropriate.
Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margin exists for the period February 1, 1993,
through January 31, 1994:
[[Page 22049]]
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
SsangBangWool Inc............................................ 2.86
------------------------------------------------------------------------
The Department will instruct the Customs Service to assess
antidumping duties on all appropriate entries. Individual differences
between U.S. price and foreign market value may vary from the
percentage stated above. The Department will issue appraisement
instructions concerning all respondents directly to the Customs
Service.
Furthermore, the following deposit requirements will be effective
upon publication of these final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption, as provided by section 751(a)(1) of the
Tariff Act: (1) The cash deposit rate for the reviewed company will be
the rate shown above; (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 less-than-fair-value (LTFV) 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)
the cash deposit rate for all other manufacturers or exporters will
continue to be 13.90 percent, the ``all others'' rate established in
the LTFV investigation.
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.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning 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 Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR
353.22.
Dated: April 27, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-11057 Filed 5-3-95; 8:45 am]
BILLING CODE 3510-DS-P