Final Results of Antidumping Duty Administrative Review; Fishnetting of Man-Made Fiber From Japan

DEPARTMENT OF COMMERCE

[A-588-029]

Final Results of Antidumping Duty Administrative Review;

Fishnetting of Man-Made Fiber From Japan

AGENCY: International Trade Administration/Import Administrative

Review.

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SUMMARY: On March 14, 1994, the Department of Commerce published in the

Federal Register the preliminary results of an administrative review of

the antidumping duty finding on fishnetting of man-made fiber from

Japan. This review covers one company and the period June 1, 1992,

through May 31, 1993. We did not receive any comments on the

preliminary results. Therefore, the dumping margin for the company

reviewed is unchanged from the margin presented in the preliminary

results.

EFFECTIVE DATE: October 18, 1994.

FOR FURTHER INFORMATION CONTACT:

Kim Moore, Office of Antidumping Compliance, International Trade

Administration, U.S. Department of Commerce, Washington, DC 20230,

telephone: (202) 482-0090.

SUPPLEMENTARY INFORMATION:

Background

On March 14, 1994, the Department of Commerce (the Department)

published in the Federal Register the preliminary results of the

administrative review of the antidumping duty finding of fishnetting of

man-made fiber from Japan (59 FR 11770). The Department has now

completed this administrative review in accordance with section 751 of

the Tariff Act of 1930, as amended (the Tariff Act).

Scope of the Review

Imports covered by the review are shipments of fishnetting of man-

made fibers, not including salmon gill netting, from Japan. The

merchandise is currently classifiable under item numbers 5608.11.00,

5608.19.10, and 5608.90.10 of the Harmonized Tariff Schedule (HTS). The

HTS item numbers are provided for convenience and customs purposes. The

written product description remains dispositive.

The review period is June 1, 1992, through May 31, 1993. This

review covers one company Yamaji Fishing Net Co., Ltd.

Analysis

As stated in the preliminary results, although Yamaji attempted to

respond to all Department requests for information, the data submitted

was unverifiable. In particular, at verification in Japan we discovered

that approximately 40 percent of total home market sales had not been

reported. Furthermore, because Yamaji did not prepare adequate source

documentation, the Department was unable to complete sales traces to

its satisfaction. Finally, significant discrepancies and errors in

Yamaji's sales listings were identified, thereby making it impossible

to verify several of Yamaji's claimed adjustments. For further

information on the deficiencies in the respondent's questionnaire

response, refer to the verification report dated February 14, 1994.

Therefore, because we had no data upon which we could reliably base

our analysis, the Department used the best information available (BIA)

for its preliminary results. As outlined in the preliminary results,

the second-tier BIA rate was applied, since Yamaji was cooperative.

We gave interested parties an opportunity to comment on the

preliminary results and received no comments. Accordingly, we will

continue to apply Yamaji's previous rate of 18.30 percent, the highest

rate applicable to any firm for the subject merchandise (see

Fishnetting of Man-Made Fibers from Japan; Final Results of

Administrative Review of Antidumping Finding, 56 FR 49457, September

30, 1991).

Final Results of the Review

As a result of our review, we determine that a margin exists for

the period June 1, 1992, through May 31, 1993, as follows:

------------------------------------------------------------------------

Percent

Manufacturer/exporter margin

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Yamaji Fishing Net Co., Ltd................................... 18.30

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The Department shall determine, and the U.S. Customs Service shall

assess, antidumping duties on all appropriate entries. The Department

shall issue appraisement instructions directly to the Customs Service.

Furthermore, the following deposit requirement shall be effective,

upon publication of this notice of final results of administrative

review, for all shipments of the subject merchandise from Japan that

are entered, or withdrawn from warehouse, for consumption on or after

the date of publication of this notice, as provided by section

751(a)(1) of the Tariff Act: (1) The cash deposit rate for the reviewed

company will be the rate established above; (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, any

previous review, or the original 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, the cash deposit rate will be the ``new shipper''

rate established in the first administrative review, as discussed

below.

On May 25, 1993, the Court of International Trade (CIT), and

Federal--Mogul Corporation and the Torrington Company v. United States,

822 F. Supp. 782 (CIT 1993), decided that once an ``all others'' rate

is established for a company, it can only be changed through an

administrative review. The Department has determined that in order to

implement these decisions, it is appropriate to reinstate the original

``all others'' rate from the less-than-fair-value (LTFV) investigation

(or that rate as amended for correction for clerical errors or as a

result of litigation) in proceedings governed by antidumping duty

orders. In proceedings governed by antidumping findings, unless we are

able to ascertain the ``all others'' rate from the Treasury LTFV

investigation, the Department has determined that it is appropriate to

adopt the ``new shipper'' rate established in the first final results

of administrative review published by the Department (or that rate as

amended for correction of clerical error or as result of litigation) as

the ``all others'' rate for the purposes of establishing cash deposits

in all current and future administrative reviews.

Because this proceeding is governed by an antidumping duty finding,

and we are unable to ascertain the ``all others'' rate from the

Treasury LTFV investigation, the ``all others'' rate for the purposes

of the review will be 1.94 percent, the ``new shipper'' rate

established in the first final results of administrative review

published by the Department (47 FR 28978, July 2, 1982).

These deposit requirements, when imposed, 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 the only reminder to parties subject to

administrative protective order (APO) 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 the APO is a sanctionable violation.

This administrative review and notice are in accordance with

section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR

3563.22.

Dated: October 7, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-25782 Filed 10-17-94; 8:45 am]

BILLING CODE 3510-05-M