[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48471-48472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23525]


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DEPARTMENT OF COMMERCE
[A-588-005]


High Power Microwave Amplifiers and Components 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 May 6, 1996, the Department of Commerce (the Department) 
issued the preliminary results of its 1994-95 administrative review of 
the antidumping duty order on high power microwave amplifiers and 
components thereof (HPMAs) from Japan (61 FR 20223; May 6, 1996). The 
review covers one manufacturer/exporter. The review period is July 1, 
1994, through June 30, 1995. We gave interested parties an opportunity 
to comment on our preliminary results. No comments were received. 
Therefore, as we did in the preliminary results, we have based our 
determination on facts available because the firm failed to submit a 
response to our questionnaire.

EFFECTIVE DATE: September 13, 1996.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Kris Campbell, 
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 May 6, 1996, the Department published in the Federal Register 
the preliminary results of its 1994-1995 administrative review of the 
antidumping duty order on HPMAs from Japan (61 FR 20223).

Applicable Statute and Regulations

    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 (URAA).

Scope of the Review

    The products covered by this review are high power microwave 
amplifiers and components thereof. High power microwave amplifiers are 
radio-frequency power amplifier assemblies, and components thereof, 
specifically designed for uplink transmission in C, X, and Ku bands 
from fixed earth stations to communications satellites and having a 
power output of one kilowatt or more. High power microwave amplifiers 
may be imported in subassembly form, as complete amplifiers, or as a 
component of higher level assemblies (generally earth stations). This 
merchandise is currently classifiable under item 8525.10.80 of the 
Harmonized Tariff Schedule (HTS). The HTS item number is provided for 
convenience and customs purposes. The written description remains 
dispositive.

[[Page 48472]]

Final Results of the Review

    We gave interested parties an opportunity to comment on our 
preliminary results. We received no comments. After the expiration of 
the comment period, we received a letter from NEC, dated 28, 1996, 
requesting that the Department partially revoke the antidumping duty 
order with respect to components (TWTs and Klystron tubes). NEC claimed 
in its letter that the petitioner, MCL Inc., no longer has an interest 
in the continued application of the antidumping duty order with respect 
to these components. However, petitioner has not yet submitted an 
expression of lack of interest. Further, petitioner has advised the 
Department that if it does so, it would only support a prospective 
revocation. See Memorandum from Kris Campbell to File, August 27, 1996. 
Therefore, we are proceeding with the final results for this review 
based on facts available.
    As explained in our preliminary determination, because NEC did not 
respond to our questionnaire, we assigned NEC a rate based on facts 
available in accordance with section 776 (b) of the Act. Consistent 
with our preliminary determination, we have assigned a margin of 41.4 
percent to NEC for the period July 1, 1994, through June 30, 1995. For 
further information regarding the determination of this rate, see the 
preliminary results for the 1994-95 administrative review of the 
antidumping duty order on HPMAs from Japan (61 FR 20223; May 6, 1996).
    The Department will issue appraisement instructions directly to the 
Customs Service. Furthermore, the following deposit requirements will 
be effective for all shipments of HPMAs from Japan entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of these 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 will be that established above; (2) for manufacturers 
and exporters not covered in this review, but covered in a previous 
review 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 previous review, or the original LTFV 
investigation, but the manufacturer is, the cash deposit rate will be 
that established for the most recent period for the manufacturer of the 
merchandise; and (4) the cash deposit rates for all other manufacturers 
or exporters will be 33.4 percent, as explained in the preliminary 
results of the administrative review of the antidumping duty order on 
HPMAs from Japan (61 FR 20223; May 6, 1996).
    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)(1). Timely written notification 
of the 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 3, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-23525 Filed 9-12-96; 8:45 am]
BILLING CODE 3510-DS-P