[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Notices]
[Pages 24576-24577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11577]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-583-806]


Amended Final Results of Antidumping Duty Administrative Review: 
Certain Small Business Telephone Systems and Subassemblies Thereof From 
Taiwan

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

ACTION: Amended final results of antidumping duty administrative 
review.

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SUMMARY: On February 25, 1998, the United States Court of International 
Trade affirmed the Department of Commerce's remand determination 
results affecting the final assessment rates for Taiwan International 
Standard Electronics, Ltd. and Tecom Co., Ltd. in the first 
administrative review of the antidumping duty order on certain small 
business telephone systems and subassemblies from Taiwan. No parties 
have appealed this decision. The review covers the period August 3, 
1989 through November 30, 1990. As there is now a final and conclusive 
court decision in this action, we are amending our final results of 
review and we will instruct the Customs Service to liquidate all 
appropriate entries.

EFFECTIVE DATE: May 7, 1999.

FOR FURTHER INFORMATION CONTACT: Sanjay Mullick or Kris Campbell at 
(202) 482-0588 or (202) 482-3813, respectively, Group I, Office of AD/
CVD Enforcement 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions of the Tariff Act of 1930, as amended (the 
Act), in effect as of December 31, 1994. In addition, unless otherwise 
indicated, all citations to Department of Commerce (Department) 
regulations refer to the regulations

[[Page 24577]]

codified at 19 CFR Part 353 (April 1, 1997).

SUPPLEMENTARY INFORMATION: 

Case History

    On July 1, 1992, the Department published its final results in the 
administrative review of the antidumping duty order on certain small 
business telephone systems and subassemblies (SBTs) from Taiwan, 
covering the period August 3, 1989 to November 30, 1990.\1\ The review 
covered seven manufacturers/exporters of the subject merchandise, 
including Taiwan International Standard Electronics, Ltd. (TAISEL) and 
Tecom Co., Ltd. (Tecom). The antidumping duty rate assigned to TAISEL 
as Best Information Available (BIA) was 129.73 percent and the 
antidumping duty rate calculated for Tecom was 18.10 percent. TAISEL 
and Tecom filed motions with the Court of International Trade (CIT) 
challenging the final results.
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    \1\ Certain Small Business Telephone Systems and Subassemblies 
Thereof From Taiwan; Final Results of Administrative Review, 57 FR 
29283 (July 1, 1992).
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    On April 4, 1997, the CIT issued remands concerning this segment of 
the proceeding.\2\ With respect to TAISEL, the CIT directed the 
Department to (1) reconsider TAISEL's response in order to determine 
whether the Department could exclude returned entries of SBTs covered 
by canceled sales from assessment of antidumping duties; and (2) assign 
to TAISEL a BIA rate consistent with the Federal Circuit's decision in 
Allied-Signal Aerospace Co. v. United States (Allied-Signal).\3\ With 
respect to Tecom, the CIT directed the Department to (1) use the data 
contained on a computer tape Tecom submitted on July 29, 1991; (2) 
reconsider Tecom's claim for a level-of-trade adjustment; and (3) 
reconsider Tecom's claims for circumstances-of-sale adjustments for 
home market warranty expenses, warehousing expenses, technical service 
expenses and bad debt expenses, as well as its claim for an adjustment 
to FMV for the provision of free gifts.
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    \2\ Taiwan International Standard Electronics, Ltd. v. United 
States, 963 F. Supp. 1202 (CIT 1997); Tecom Co., Ltd. v. United 
States, Slip Op. 97-42 (CIT April 4, 1997).
    \3\ 996 F.2d 1185 (Fed. Cir. 1993).
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    On July 3, 1997, the Department filed its remand redetermination 
with the CIT.\4\ With respect to TAISEL, the Department re-examined the 
record and found that TAISEL provided supporting documentation to show 
that certain entries were returned as a result of canceled sales. Also, 
the Department assigned TAISEL a BIA margin based on the margin 
recalculated for Tecom in the remand redetermination, consistent with 
the ruling in allied-Signal. With respect to Tecom, the Department used 
the data contained in the July 29, 1991 computer tape and granted Tecom 
a level-of-trade adjustment. The Department continued to disallow the 
circumstance-of-sale adjustments for home market warranty expenses, 
warehousing expenses, technical service expenses and bad debt expenses 
as well as its claim for an adjustment to FMV for the provision of free 
gifts after reconsidering Tecom's claims for these adjustments, because 
it found no new evidence to support Tecom's claims. The Department 
determined TAISEL and Tecom's revised margins pursuant to the above 
adjustments.
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    \4\ Small Business Telephone Systems and Subassemblies Thereof 
from Taiwan; Final Results of Redetermination Pursuant to Court 
Remand, Court Nos. 92-08-00532 and 92-08-00528 (July 3, 1997).
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    On February 25, 1998, the CIT affirmed the Department's final 
remand results.\5\ On April 16, 1998 we published a notice of court 
decision.\6\ As there is now a final and conclusive court decision in 
this action, we are amending our final results of review in this matter 
and we will instruct the U.S. Customs Service to liquidate entries 
subject to this review in accordance with the remand results.
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    \5\ Tawain International Standard Electronics Ltd. v. United 
States, Slip Op. 98-18 (CIT February 25, 1998); Tecom Co., Ltd. v. 
United States, Slip Op. 98-19 (CIT February 25, 1998).
    \6\ Certain Small Business Telephone Systems and Subassemblies 
Thereof From Taiwan; Notice of Court Decision, 63 FR 18883 (April 
16, 1998).
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Amendment to Final Results of Review

    Pursuant to Section 516A(e) of the Act, we are amending the final 
results of administrative review of the antidumping duty order on 
certain small business telephone sytems and subassemblies thereof from 
Taiwan for the period August 3, 1989 through November 30, 1990. As a 
result of the remand determination, we have assigned TAISEL a BIA 
margin based on the margin recalculated for Tecom. The final weighted-
average margins for TAISEL and Tecom are as follows:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                   Manufacturer/Exporter                        margin
                                                              percentage
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TAISEL.....................................................         8.11
Tecom......................................................         8.11
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    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. To determine the 
amount of antidumping duties for TAISEl, we will instruct the Customs 
Service to assess entry-specific antidumping duty amounts, which we 
calculated based on an ad valorem rate of 8.11 percent, applied to 
those sales determined to have been entered into the Untied States and 
not returned to Taiwan. For Tecom, we calculated importer-specific ad 
valorem duty assessment rate for the merchandise based on the ratio of 
the total amount of antidumping duties calculated for the importer-
specific sales examined during the POR to the total importer-specific 
entry value of sales examined during the POR. The Department will issue 
appraisement instruction to the Customs Service after publication of 
this amended final results of review.
    This notice is published in accordance with section 751(a)(1) of 
the Act.

    Dated: May 3, 1999.
Robert S. LaRussa,
Assistant Secretary, for Import Administration.
[FR Doc. 99-11577 Filed 5-6-99; 8:45 am]
BILLING CODE 3510-DS-M