[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Notices]
[Pages 50551-50552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24301]



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DEPARTMENT OF COMMERCE
[A-588-813]


Light Scattering Instruments and Parts Thereof from Japan; 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 August 16, 1995, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review of the antidumping duty order on light-scattering instruments 
and parts thereof from Japan (60 FR 42527). The review covered one 
manufacturer/exporter, Otsuka Electronics Co., Ltd. (Otsuka), of the 
subject merchandise and the review period November 1, 1993, through 
October 31, 1994.
    We gave interested parties an opportunity to comment on our 
preliminary results. We received no comments. The final results are 
unchanged from those presented in the preliminary results.

EFFECTIVE DATE: September 29, 1995.

FOR FURTHER INFORMATION CONTACT: 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, DC 20230; telephone (202) 482-
4733.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 1990, the Department published in the Federal 
Register the antidumping duty order on light-scattering instruments 
(LSIs) and parts thereof from Japan (55 FR 48144). On November 10, 
1994, the Department published a notice in the Federal Register 
notifying interested parties of the opportunity to request an 
administrative review of light-scattering instruments and parts thereof 
from Japan (59 FR 56034). On November 2, 1994, petitioner, Wyatt 
Technology Corporation (Wyatt) requested, in accordance with 19 CFR 
353.22(a), that we conduct an administrative review of exports to the 
United States by Otsuka, for the period November 1, 1993, through 
October 31, 1994. We published a notice of initiation of the 
antidumping duty administrative review on December 15, 1994 (59 FR 
64650). On August 16, 1995, the Department published in the Federal 
Register the preliminary results of its administrative review of the 
antidumping duty order on light-scattering instruments and parts 
thereof from Japan (60 FR 42527). The Department has now completed that 
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 statutes and to the 
Department's regulations are references to the provisions as they 
existed on December 31, 1994.

Scope of the Review

    The products covered by this administrative review are light-
scattering instruments 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 printer. 
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 

[[Page 50552]]
declaration to the Customs Service stating that they are not 
manufactured for use in a subject LSI.

Final Results of the Review

    We invited interested parties to comment on the preliminary 
results. We received no comments. The final results are therefore 
unchanged from those presented in the preliminary results, and we 
determine, based on the best information available, that a margin of 
129.71 percent exists for Otsuka for the period November 1, 1993, 
through October 31, 1994.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of these 
final results, as provided by section 751(a)(1) of the Act: (1) The 
cash deposit rate for Otsuka 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 
the original less than fair value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate 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 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 the disposition 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 an APO is a sanctionable violation.
    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: September 22, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-24301 Filed 9-28-95; 8:45 am]
BILLING CODE 3510-DS-P