[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26158-26159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13172]



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DEPARTMENT OF COMMERCE
[A-580-008]


Color Television Receivers From the Republic of Korea; 
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 Samsung Electronics Co., Ltd. 
(Samsung), respondent in this proceeding, the Department of Commerce 
(the Department) is conducting an administrative review of the 
antidmuping duty order on color television receivers (CTVs) from the 
Republic of Korea. The review covers Samsung and the period April 1, 
1994, through March 31, 1995.
    We have preliminarily determined that Samsung made no-sales or 
shipments of subject merchandise to the Untied States during the period 
of review. Furthermore, because the Department may not revoke an order 
based on a review in which there were no sales or shipments, we have 
preliminarily determined to deny Samsung's request for partial 
revocation.
    Interested parties are invited to comment on these preliminary 
results.

EFFECTIVE DATE: May 24, 1996.

FOR FURTHER INFORMATION CONTACT:
Joseph Hanley or Zev Primor, 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) 482-5253.

[[Page 26159]]

SUPPLEMENTARY INFORMATION:

Background

    On April 30, 1984, the Department published in the Federal Register 
(49 FR 18336) the antidumping duty order on CTVs from the Republic of 
Korea (the order). On April 4, 1995, the Department published (60 FR 
17052) a notice of ``Opportunity to Request an Administrative Review'' 
of the order for the period April 1, 1994, through March 31, 1995 
(twelfth review). We received a timely request for review and partial 
revocation of the order from Samsung.

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the current 
regulations, as amended by the interim regulations published in the 
Federal Register on May 11, 1995 (60 FR 25130).

Scope of the Review

    Imports covered by this review include CTVs, complete and 
incomplete, from the Republic of Korea. This merchandise is currently 
classified under item numbers 8528.10.08, 8528.10.11, 8528.10.13, 
8528.10.17, 8528.10.19, 8528.10.24, 8528.10.28, 8528.10.34, 8528.10.38, 
8528.10.44, 8528.10.48, 8528.10.54, 8528.10.58, 8528.10.61, 8528.10.63, 
8528.10.67, 8528.10.69, 8528.10.71, 8528.10.73, 8528.10.77, 8528.10.79, 
8529.90.03, 8529.90.06, and 8540.11.10 of the Harmonized Tariff 
Schedule (HTS). Since the order covers all CTVs regardless of HTS 
classification, the HTS subheadings are provided for convenience and 
for the U.S. Customs Service purposes. Our written description of the 
scope of the order remains dispositive. The period of review is April 
1, 1994, through March 31, 1995.

Request for Revocation

    On April 28, 1995, Samsung submitted, along with its request for an 
administrative review, a request that the rider be revoked as it 
applies to Samsung. In its letter, Samsung certified that it did not 
sell subject merchandise during the twelfth review at less than normal 
value, and that it will not in the future sell such merchandise at less 
than normal value. Additionally, Samsung attached to its letter a 
certificate agreeing to the immediate reinstatement of the order if 
Samsung is subsequently found to have sold CTVs at less than normal 
value.
    We have preliminarily determined that, because Samsung made no 
sales of subject merchandise during the period of review, the criteria 
necessary to revoke an order based on an absence of dumping have not 
been met. Pursuant to section 353.25(a) of the Department's 
regulations, we may revoke an order in part if the subject merchandise 
has been sold at not less than normal value for a period of at least 
three consecutive years and it is not likely that future sales of the 
subject merchandise will be made at less than normal value.
    Because Samsung did not sell the subject merchandise during the 
period of review, we have determined that the regulatory requirements 
listed in sections 353.25 (a) and (b) have not been met. Accordingly, 
we have preliminarily determined to deny Samsung's request for partial 
revocation.

Preliminary Results of Review

    Sansung reported, and the Department verified through the U.S. 
Customs Service, that it made no sales or shipments of subject 
merchandise to the United States during the period of review. 
Therefore, we preliminarily determine to maintain Samsung's current 
cash deposit rate. This rate is zero percent because the margin 
assigned to Samsung in the most recent final results of review in which 
it made shipments was a de minimis rate (0.47 percent).
    Furthermore, the following deposit requirements will be effective 
for all shipments of CTVs 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)(2)(c) of the 
Act: (1) The cash deposit rate for Samsung will remain zero percent, 
the rate established in the last review in which it made shipments; (2) 
For previously reviewed or investigated companies not covered in this 
review, 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 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 rates will be 
13.90 percent, the ``all others'' rate established in the LTFV 
investigation (49 FR 18336). These deposit requirements will remain in 
effect until publication of the final results of the next 
administrative review.
    Parties to the proceeding may request disclosure within five days 
of the date of publication of this notice, and may request a hearing 
within 10 days of the date of publication. Any hearing, if requested, 
will be held as early as convenient for the parties but not later than 
44 days after the date of publication or the first work day thereafter. 
Interested parties may submit case briefs within 30 days of the date of 
publication of this notice. Rebuttal briefs, which must be limited to 
issues raised in the case briefs, may be filed not later than 37 days 
after the date of publication. Parties who submit arguments are 
requested to submit with the argument: (1) a statement of the issue; 
and (2) a brief summary of the argument. The Department will published 
the final results of this administrative review, including the results 
of its analysis of issues raised in any such written arguments.
    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.

    Dated: May 17, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-13172 Filed 5-23-96; 8:45 am]
BILLING CODE 3510-DS-M