[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Notices]
[Pages 42527-42529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20206]



-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
[A-588-813]


Light-Scattering Instruments and Parts Thereof 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.

-----------------------------------------------------------------------

SUMMARY: In response to a request by the petitioner, Wyatt Technology 
Corporation (Wyatt), the Department of 

[[Page 42528]]
Commerce (the Department) is conducting the fourth administrative 
review of the antidumping duty order on light-scattering instruments 
(LSIs) and parts thereof from Japan. The review covers one 
manufacturer/exporter, Otsuka Electronics Co., Ltd. (Otsuka), and 
entries of the subject merchandise to the United States during the 
period November 1, 1993 through October 31, 1994.
    We have preliminarily determined, using the best information 
available (BIA), that dumping margins exist with respect to Otsuka. 
Interested parties are invited to comment on these preliminary results.

EFFECTIVE DATE: August 16, 1995.

FOR FURTHER INFORMATION CONTACT: G. Leon McNeill or Maureen Flannery, 
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-
4733.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 1990, the Department published in the Federal 
Register an antidumping duty order on LSIs and parts thereof from Japan 
(55 FR 48144). On November 2, 1994, the petitioner, Wyatt, requested 
that we conduct an administrative review in accordance with section 
353.22(a) of the Department's regulations (19 CFR 353.22(a)). We 
initiated the review covering the period November 1, 1993 through 
October 31, 1994 (59 FR 64650, December 15, 1994). The Department is 
now conducting the review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the Act).
Applicable Statutes and Regulations

    Unless otherwise stated, all citations to the statute and to the 
Department's regulations are references to the provisions as they 
existed on December 31, 1994.

Scope of the Review

    This review covers imports of LSIs and parts thereof from Japan. 
The Department defines such merchandise as LSIs and the parts thereof, 
specified below, that have classical measurement capabilities, whether 
or not also capable of dynamic measurement. Classical measurement (also 
known as static measurement) capability usually means the ability to 
measure absolutely (i.e., without reference to molecular standards) the 
weight and size of macromolecules and submicron particles in solution, 
as well as certain molecular interaction parameters, such as the so-
called second viral coefficient. (An instrument that uses single-angle 
instead of multi-angle measurement can only measure molecular weight 
and the second viral coefficient.) Dynamic measurement (also known as 
quasi-elastic measurement) capability refers to the ability to measure 
the diffusion coefficient of molecules or particles in suspension and 
deduce therefrom features of their size and size distribution. LSIs 
subject to this review employ laser light and may use either a single-
angle or multi-angle technique.
    The following parts are included in the scope of this 
administrative review when they are manufactured according to 
specifications and operational requirements for use only in an LSI as 
defined in the preceding paragraph: scanning photomultiplier 
assemblies, immersion baths (to provide temperature stability and/or 
refractive index matching), sample-containing structures, electronic 
signal-processing boards, molecular characterization software, 
preamplifier/discriminator circuitry, and optical benches. LSIs subject 
to this review may be sold inclusive or exclusive of accessories such 
as personal computers, cathode ray tube displays, software, or 
printers. LSIs are currently classifiable under Harmonized Tariff 
Schedule (HTS) subheading 9027.30.40. LSI parts are currently 
classifiable under HTS subheading 9027.90.40. HTS subheadings are 
provided for convenience and U.S. Customs Service purposes. The written 
product description remains dispositive. Different items with the same 
name as subject parts may enter under subheading 9027.90.40. To avoid 
the unintended suspension of liquidation of non-subject parts, those 
items entered under subheading 9027.90.40 and generally known as 
scanning photomultiplier assemblies, immersion baths, sample-containing 
structures, electronic signal-processing boards, molecular 
characterization software, preamplifier/discriminator circuitry, and 
optical benches must be accompanied by an importer's declaration to the 
Customs Service stating that they are not manufactured for use in a 
subject LSI.
    This review covers entries of the subject merchandise manufactured 
by Otsuka and entered during the period November 1, 1993 through 
October 31, 1994.

Preliminary Results of Review

    Otsuka has not responded to the Department's questionnaire, sent on 
March 27, 1995. The Department, therefore, determines that Otsuka is an 
uncooperative respondent. As a result, in accordance with section 
776(c) of the Act, we have determined that the use of BIA is 
appropriate. Whenever, as here, a company refuses to cooperate with the 
Department, or otherwise significantly impedes an antidumping 
proceeding, we use as BIA the higher of (1) the highest of the rates 
found for any firm for the same class or kind of merchandise in the 
less-than-fair-value (LTFV) investigation or prior administrative 
reviews; or (2) the highest rate found in this review for any firm for 
the same class or kind of merchandise. (See Antifriction Bearings from 
France, et. al; Final Results of Review, 58 FR 39729 (July 26, 1993).) 
As BIA, we assigned the rate of 129.71 percent, which is the highest 
rate for any company from both the prior review and the LTFV 
investigation. Consequently, we preliminarily determine that the 
following dumping margin exists for the period November 1, 1993 through 
October 31, 1994:

------------------------------------------------------------------------
                                                                 Margin 
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Otsuka Electronics Co., Ltd..................................     129.71
------------------------------------------------------------------------

    Any interested party may request a hearing within 10 days of 
publication of this notice. Any hearing will be held 44 days after the 
date of publication of this notice, or the first workday thereafter. 
Interested parties may submit case briefs within 30 days of the 
publication date of this notice. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than 37 days after 
the date of publication. The Department will publish a notice of the 
final results of this administrative review, which will include the 
result of its analysis of issues raised in any such case briefs or 
hearing.
    The following deposit requirements shall be effective for all 
shipments of the subject merchandise 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 the reviewed 
company shall 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 the original 
LTFV investigation, but the manufacturer is, the cash deposit rate 

[[Page 42529]]
shall 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 by 
the Department, the cash deposit rate will be 129.71 percent, the all 
other 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 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: August 4, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-20206 Filed 8-15-95; 8:45 am]
BILLING CODE 3510-DS-P