[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Notices]
[Pages 22561-22563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11258]
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DEPARTMENT OF COMMERCE
[A-588-807]
Industrial Belts and Components and Parts Thereof, Whether Cured
or Uncured, From Japan; Partial Termination and Preliminary Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of partial termination and preliminary results of
antidumping duty administrative review.
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SUMMARY: In response to requests from Mitsuboshi Belting Limited (MBL)
and Nakamichi America Corporation (Nakamichi), the respondents, the
Department of Commerce (the Department) initiated an administrative
review of the antidumping duty order on industrial belts and components
and parts thereof, whether cured or uncured (hereinafter referred to as
industrial belts), from Japan. Subsequently, Nakamichi made a timely
request to withdraw its request for an administrative review, and since
there were no other requests for review of Nakamichi's exports to the
United States, the Department is terminating its 1993/94 administrative
review of Nakamichi. Therefore, this review covers one manufacturer/
exporter, MBL, during the period June 1, 1993, through May 31, 1994.
As a result of this review, the Department has preliminarily
determined to assess antidumping duties for MBL based upon the best
information otherwise available (BIA). Interested parties are invited
to comment on the preliminary results of this administrative review.
EFFECTIVE DATE: May 8, 1995.
FOR FURTHER INFORMATION CONTACT: Charles Vannatta in the Office of
Antidumping Compliance; Import Administration; International Trade
Administration; 14th & Constitution Avenue, N.W.; U.S. Department of
Commerce; Washington, D.C. 20230; telephone number (202) 482-5253.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute and to the
Department's regulations are references [[Page 22562]] to the
provisions as they existed on December 31, 1994.
Background
On June 14, 1989, the Department published in the Federal Register
(54 FR 25314) the antidumping order on industrial belts from Japan. On
June 16, 1994, and June 30, 1994, Nakamichi and MBL, respectively,
requested that the Department conduct an administrative review of the
period June 1, 1993, through May 31, 1994. The Department published a
notice of initiation of the antidumping administrative review on July
15, 1994 (59 FR 36160). The Department is now conducting this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Tariff Act).
On September 2, 1994, the Department received a timely request from
Nakamichi to withdraw its request for an administrative review. There
were no other requests from interested parties for an administrative
review of Nakamichi. Therefore, with respect to Nakamichi, the
Department is terminating this administrative review, in part, in
accordance with 19 CFR 353.22(a)(5).
On July 19, 1994, the Department presented its questionnaire to the
counsel for MBL requesting information concerning MBL's U.S. and home
market sales made during the period of review. MBL did not respond to
the Department's request for information.
Scope of the Review
Imports covered by the review are shipments of industrial belts and
components and parts thereof, whether cured or uncured, from Japan.
These products include V-belts, synchronous belts, and other industrial
belts, in part or wholly of rubber or plastic, and containing textile
fiber (including glass fiber) or steel wire, cord or strand, and
whether in endless (i.e., closed loops) belts, or in belting in lengths
or links. This review excludes conveyor belts and automotive belts, as
well as front engine drive belts found on equipment powered by internal
combustion engines, including trucks, tractors, buses, and lift trucks.
During the period of review, the merchandise was classifiable under
Harmonized Tariff Schedule (HTS) subheadings 3926.90.55, 3926.90.56,
3926.90.57, 3926.90.59, 3926.90.60, 4010.10.10, 4010.10.50, 4010.91.11,
4010.91.15, 4010.91.19, 4010.91.50, 4010.99.11, 4010.99.15, 4010.99.19,
4010.99.50, 5910.00.10, 5910.00.90, and 7326.20.00. The HTS subheadings
are provided for convenience and Customs purposes. The written
description remains dispositive.
For these preliminary results, this review covers sales and entries
made during the period of review from one Japanese manufacturer and
exporter of industrial belts to the United States, Mitsuboshi Belting
Limited.
Best Information Available
In accordance with section 776(c) of the Tariff Act, the Department
has preliminarily determined that the use of BIA is appropriate for
MBL. In determining what to use as BIA, 19 CFR 353.37(b) provides that
the Department may take into account whether a party fails to provide
requested information. When a company fails to provide the information
requested in a timely manner, or otherwise significantly impedes the
Department's review, the Department considers that company to be
uncooperative, and, in accordance with its two-tier BIA methodology,
generally assigns to that company the higher of (1) the highest rate
for any company for the same class or kind of merchandise from any
previous review or the original investigation, or (2) the highest rate
for a responding firm with shipments of the same class or kind of
merchandise during the current review period (Antifriction Bearings
(Other Than Tapered Roller Bearings) and Parts Thereof From the Federal
Republic of Germany, et al; Final Results of Antidumping Duty
Administrative Review, 56 FR 31692, 31704-05 (July 11, 1991); Allied-
Signal Aerospace Co. v. United States, 996 F.2d 1185 (Fed. Cir. 1993)).
Because MBL did not respond to the Department's request for
information, the Department has used the rate from the less-than-fair-
value investigation to establish MBL's margin in accordance with the
first tier of the Department's two-tier BIA methodology. This rate is
93.16 percent.
Preliminary Results of Review
The Department preliminarily determines that MBL's margin for this
administrative review is 93.16 percent.
Parties to the proceeding may request disclosure and/or an
administrative protective order within five days of the date of
publication of this notice. Interested parties may also request a
public hearing within 10 days of the date of publication of this
notice. Any hearing, if requested, will be held 44 days after the date
of publication, or the first workday thereafter. Case briefs and/or
written comments may be submitted to the Department not 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 with the Department not later than 37 days after the date of
publication. The Department will include in its publication of the
final results of administrative review an analysis of the issues raised
in any written comments or at the hearing.
Upon completion of the final results of this administrative review,
the Department will determine, and the U.S. Customs Service will
assess, antidumping duties on all appropriate entries. Individual
differences between the United States price and the foreign market
value may vary from the percentage stated above. The Department will
issue appraisement instructions directly to the U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
upon completion of the final results of this administrative review for
all shipments of industrial belts from Japan, entered for consumption,
or withdrawn from warehouse for consumption, on or after its
publication date, as provided by section 751(a)(1) of the Tariff Act:
(1) The cash deposit rate for MBL will be that established in the
final results of this administrative review;
(2) For subject merchandise exported by manufacturers or exporters
not covered in this review but covered in previous reviews or in the
original less-than-fair-value investigation, a cash deposit based upon
the most recently published rate in a final result or determination for
which the manufacturer or exporter received a company-specific rate;
(3) For subject merchandise exported by an exporter not covered in
this review, a prior review, or the original investigation, but where
the manufacturer of the merchandise has been covered by this or a prior
final result or determination, a cash deposit based upon the most
recently published company-specific rate for that manufacturer; and
(4) For merchandise exported by all other manufacturers and
exporters who are not covered by this or any previous administrative
review conducted by the Department, the cash deposit rate will be the
``all others'' rate established in the less-than-fair-value
investigation, 93.16 percent.
These cash deposit requirements, when imposed, shall remain in
effect until the publication of the final results of the next
administrative review.
This notice also serves as a preliminary reminder to all importers
of their responsibility under 19 CFR 353.26 to file a certificate
regarding the reimbursement of antidumping duties [[Page 22563]] prior
to liquidation of the relevant entries during the 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)(5).
Dated: April 19, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-11258 Filed 5-5-95; 8:45 am]
BILLING CODE 3510-DS-M