[Federal Register Volume 61, Number 224 (Tuesday, November 19, 1996)]
[Notices]
[Pages 58860-58861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29580]


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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-817]


Electroluminescent High Information Content Flat Panel Displays 
and Display Glass Therefor From Japan; Termination of Antidumping Duty 
Administrative Review

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

ACTION: Notice of termination of antidumping duty administrative 
review.

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SUMMARY: On October 18, 1993, the Department of Commerce (the 
Department) published in the Federal Register (58 FR 53709) the notice 
of initiation of administrative review of the antidumping duty order on 
electroluminescent (EL) high information content flat panel displays 
(FPDs) and display glass therefor from Japan for the period September 
1, 1992 through August 31, 1993, pursuant to a request from Planar 
Systems, Inc. (Planar), an interested party. On August 25, 1994, the 
Department published in the Federal Register a notice of revocation of 
the antidumping duty order on EL FPDs from Japan, which also stated 
that the Department would take no further action with respect to any 
administrative review of the order (59 FR 43809). On July 31, 1996, the 
Department published a notice in the Federal Register that rescinded 
the revocation of the order and reinstated the administrative review of 
the antidumping duty order on EL FPDs from Japan for the period 
September 1, 1992 to August 31, 1993. This review has now been 
terminated as a result of the withdrawal of request for review by 
Planar Systems, Inc., the interested party that requested the review.

EFFECTIVE DATE: November 19, 1996.

FOR FURTHER INFORMATION CONTACT: Chip Hayes or Richard Rimlinger, at 
the Office of AD/CVD Enforcement, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    We received a timely request for administrative review of the 
antidumping duty order on EL FPDs from Japan from Planar pursuant to 19 
CFR 353.22(a) concerning subject merchandise produced and/or exported 
by Sharp Corporation and Sharp Electronics Corporation (Sharp). On

[[Page 58861]]

October 18, 1993, the Department published in the Federal Register (58 
FR 53709) the notice of initiation of the administrative review for EL 
FPDs from Japan for the period September 1, 1992 through August 31, 
1993. On August 25, 1994, the Department published in the Federal 
Register a notice of revocation of the antidumping duty order on EL 
FPDs from Japan pursuant to a mandamus order to enforce judgment issued 
by the United States Court of International Trade (the CIT) in Hosiden 
Corporation v. United States, 861 F. Supp. 115 (CIT August 12, 1994) 
(see Electroluminescent High Information Content Flat Panel Displays 
and Display Glass Therefor from Japan, Amendment of Notice of Court 
Decision and Revocation of Antidumping Duty Order, 59 FR 43809). On 
July 31, 1996, the Department published a notice in the Federal 
Register that rescinded the revocation of the antidumping duty order 
and reinstated the administrative review of the order on EL FPDs from 
Japan for the period September 1, 1992 to August 31, 1993, pursuant to 
a May 31, 1996 decision by the United States Court of Appeals for the 
Federal Circuit that held that the mandamus order was contrary to law 
and, thus, vacated the CIT's mandamus order (see Hosiden Corp., et al. 
v. United States, Appeal No. 95-1027 (Fed. Cir. May 31, 1996)).

Termination of Review

    On September 30, 1996, Planar, the sole interested party that 
requested the review, filed with the Department a withdrawal of its 
request for review pursuant to 19 CFR 353.22(a)(5). Section 
353.22(a)(5) of the Department's regulations provides that the 
Department may permit a party that requests a review to withdraw its 
request not later than 90 days after the date of publication of the 
notice of initiation of the review. This regulation also permits the 
Department to extend the time limit for withdrawal of a request for 
review if it is reasonable to do so.
    In this case, the administrative review has not substantially 
progressed due to the CIT's mandamus order (now vacated) that the 
Department take no further action with respect to any administrative 
review of the order on EL FPDs from Japan. Because of the unusual 
circumstances surrounding this case and because there is no undue 
burden on the parties or the Department, the Department has determined 
that it is reasonable to grant the withdrawal request by Planar at this 
time. Therefore, in accordance with Sec. 353.22(a)(5) of our 
regulations, we have terminated this administrative review.
    The Department will instruct the U.S. Customs Service to liquidate 
all unliquidated entries of EL FPDs from Japan entered, or withdrawn 
from warehouse, for consumption between September 1, 1992 and August 
31, 1993, at the cash deposit rate in effect at the time of entry.
    This notice 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 Sec. 353.34(d) of the Department's regulations. 
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 notice is published in accordance with section 751 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1675), and 19 CFR 
353.22(a)(5).

    Dated: November 4, 1996.
Barbara R. Stafford,
Deputy Assistant Secretary for AD/CVD Enforcement.
[FR Doc. 96-29580 Filed 11-18-96; 8:45 am]
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