[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