[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Notices]
[Pages 40820-40821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19819]



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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-038]


Bicycle Speedometers From Japan; Amended Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

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SUMMARY: We are amending the final results of the administrative review 
on bicycle speedometers from Japan published on June 5, 1995 (60 FR 
29552), to reflect the correction of a ministerial error made in the 
margin calculations in those final results. We are publishing this 
amendment to the final results in accordance with 19 CFR 353.28(c).

EFFECTIVE DATE: August 10, 1995.

FOR FURTHER INFORMATION CONTACT: Arthur N. DuBois or Thomas F. Futtner, 
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-
6312/3814.

SUPPLEMENTARY INFORMATION:

Background

    The review covers the shipments of Cateye, a manufacturer/exporter 
of bicycle speedometers during the period November 1, 1992, through 
October 31, 1993.

Applicable Statute and Regulations

    The Department is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Unless 
otherwise indicated, all citations to the statute and the Department's 
regulations are in reference to the provisions as they existed on 
December 31, 1994.

Scope of the Review

    Imports covered by the review are shipments of bicycle 
speedometers. This merchandise is currently classifiable under the 
Harmonized Tariff Schedule (HTS) item numbers 9029.20.20, 9029.40.80, 
and 9029.90.40. HTS item 

[[Page 40821]]
numbers are provided for convenience and Customs purposes. Our written 
description remains dispositive.

Amendment of Final Results

    On June 7, 1995, Cateye Co. Ltd., alleged that the Department made 
a clerical error in the calculation of foreign market value (FMV) by 
failing to deduct from the FMV extra packing expenses for split cartons 
for those home market sales that incurred these expenses. We agree that 
the extra packing expenses should have been deducted from those sales 
and have recalculated the weighted-average margin accordingly.

Final Results of Review

    As a result of our review, we have determined that the following 
margin exists for the period November 1, 1992 through October 31, 1993:

------------------------------------------------------------------------
                                                                Margin  
                   Manufacturer/Exporter                      (percent) 
------------------------------------------------------------------------
Cateye Co., Ltd............................................         1.31
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
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 directly to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon publication of these amended final results of administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after that publication 
date, as provided by section 751(a)(1) of the Act, and will remain in 
effect until publication of the final results of the next 
administrative review: (1) The cash deposit rate for the reviewed 
company will be 1.31 percent; (2) for exporters not covered in this 
review, but covered in previous reviews or the original less-than-fair-
value (LTFV) investigation, 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 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) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review, the cash deposit rate will be 26.44 percent, which is the ``new 
shipper'' rate established in the first administrative review. In 
accordance with the Court of International Trade's (CIT's) decisions in 
Floral Trade Council v. United States, 822 F. Supp. 766 (CIT 1993), and 
Federal Mogul Corporation and the Torrington Company v. the United 
States, 822 F Supp. 782 (CIT 1993), we are basing the ``all others'' 
rate on the ``new shipper'' rate established in the first final results 
of administrative review published by the Department (47 FR 28978, July 
2, 1982) because this proceeding is governed by an antidumping finding, 
and we are unable to ascertain the ``all others'' rate from the 
Treasury LTFV investigation.
    This notice also 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 has 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 the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 353.34(d). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of the APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
section 751(a) of the Act (19 U.S.C. 1675(a)), and 19 CFR 353.22.

    Dated: July 26, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-19819 Filed 8-9-95; 8:45 am]
BILLING CODE 3510-DS-P