[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Notices]
[Pages 36261-36262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17348]



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DEPARTMENT OF COMMERCE
[A-588-029]


Fishnetting of Man-Made Fibers From Japan; Preliminary Results of 
Antidumping Duty Administrative Review

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

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

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SUMMARY: In response to a request from one respondent, the Department 
of Commerce (the Department) is conducting an administrative review of 
the antidumping duty order on fishnetting of man-made fibers from 
Japan. The review covers one manufacturer/exporter of the subject 
merchandise to the United States for the period June 1, 1993, through 
May 31, 1994.
    We have preliminarily determined that sales have been made below 
the foreign market value (FMV). If these preliminary results are 
adopted in our final results of administrative review, we will instruct 
U.S. Customs to assess antidumping duties equal to the difference 
between the United States price (USP) and the FMV.
    Interested parties are invited to comment on these preliminary 
results. Parties who submit argument in this proceeding are requested 
to submit with the argument (1) a statement of the issue and (2) a 
brief summary of the argument.

EFFECTIVE DATE: July 14, 1995.

FOR FURTHER INFORMATION CONTACT: Kim Moore or Thomas Futtner, Office of 
Antidumping Compliance, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, D.C. 20230, telephone: (202) 482-
0090/3814.

SUPPLEMENTARY INFORMATION:

Background

    On June 7, 1994, the Department published a notice of ``Opportunity 
to Request an Administrative Review'' of the antidumping finding on 
fishnetting from Japan (37 FR 11560, June 9, 1972) for the period June 
1, 1993, through May 31, 1994 (59 FR 29411) . We received a timely 
request for an administrative review on June 29, 1994, from Yamaji 
Fishing Net Company Ltd. (Yamaji). The Department initiated the review, 
covering the period June 1, 1993, through May 31, 1994, on July 15, 
1994 (59 FR 36160). The Department is now conducting this review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
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. This 
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 subheading is provided for convenience and for U.S. Customs 
purposes. The written description remains dispositive as to the scope 
of the product coverage. The period of review is June 1, 1993, through 
May 31, 1994.

United States Price

    In accordance with section 772(b) of the Act, the Department based 
USP on purchase price, because the merchandise was sold to unrelated 
U.S. purchasers prior to importation. Purchase price was based on 
c.i.f. U.S. port and packed prices to unrelated purchasers in the 
United States. The contract date was the date that the terms of sale, 
quantity, and price were final; thus, the Department accepted the 
respondent's contract date as the date of sale. We made adjustments, 
where applicable, for Japanese and U.S. ocean freight, marine 
insurance, shipping charges, and inland freight. No other adjustments 
were claimed or allowed.
    We reviewed information Yamaji submitted regarding product matches 
and determined product comparisons based on this information. We first 
compared products sold in the United States to identical products sold 
in the home market. For several of the products sold in the United 
States, we did not find a contemporaneous sale of the identical product 
in the home market. To determine similar merchandise in the home 
market, we grouped products according to their specifications. We then 
compared U.S. sales to these groups, again using these specifications 
as our matching criterion.

Foreign Market Value

    In accordance with section 773(a) of the Act, the Department 
calculated FMV for Yamaji based on f.o.b. and delivered prices to 
unrelated purchasers in the home market. We used the invoice date as 
the date of sale for these transactions. Because information from 
Yamaji indicated that there were no cost differences between the U.S. 
merchandise and similar home market merchandise, we did not make an 
adjustment to FMV for physical differences. We adjusted FMV for the 
differences in packing costs between the home market and the U.S. 
market. We deducted home market packing costs from the home market 
price and added U.S. packing costs to the FMV. No other adjustments 
were claimed or allowed.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following margin exists for the period June 1, 1993, through May 31, 
1994:

------------------------------------------------------------------------
                                                                Percent 
                    Manufacturer/Exporter                        margin 
------------------------------------------------------------------------
Yamaji.......................................................       2.58
------------------------------------------------------------------------

    The following deposit requirements will be effective for all 
shipments of fishnetting of man-made fibers entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a) (1) of the Act: (1) The cash deposit rate for Yamaji will be the 
rate established in the final results of this 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 in the original less-than-
fair-value 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 
conducted by the Department, the cash deposit rate will be zero 
percent, the all others rate established in the final results of the 
first administrative review (49 FR 19339, April 30, 1984).
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    Interested parties may request disclosure within 5 days of the date 
of publication of this notice, and may 

[[Page 36262]]
request a hearing within 10 days of the date of publication. Any 
hearing, if requested, will be held as early as is convenient for the 
parties but not later than 44 days after the date of publication of 
this notice or the first work day thereafter. Case briefs or other 
written comments from interested parties may be submitted not later 
than 30 days after the date of publication of this notice. Rebuttal 
briefs and rebuttal comments, limited to issues in the case briefs, may 
be filed not later than 37 days after the date of publication. 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.
    This notice 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 Act (19 U.S.C. 1675(a) (1)) and 19 CFR 
353.22.

    Dated: July 6, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-17348 Filed 7-13-95; 8:45 am]
BILLING CODE 3510-DS-P