Light-Scattering Instruments and Parts Thereof from Japan; Preliminary Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

[A-588-813]

Light-Scattering Instruments and Parts Thereof from Japan;

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 by the petitioner, Wyatt Technology

Corporation (Wyatt), the Department of Commerce (the Department) is

conducting the third administrative review of the antidumping duty

order on light-scattering instruments (LSIs) and parts thereof from

Japan. The review covers one manufacturer/exporter, Otsuka Electronics

Co., Ltd. (Otsuka), and entries of the subject merchandise into the

United States during the period November 1, 1992 through October 31,

1993.

We have preliminarily determined, using the best information

available (BIA), that dumping margins exist with respect to Otsuka.

Interested parties are invited to comment on these preliminary results.

EFFECTIVE DATE: October 18, 1994.

FOR FURTHER INFORMATION CONTACT: Nooshen Amiri, or Maureen Flannery,

Office of Antidumping Compliance, Import Administration, 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

On November 19, 1990, the Department published in the Federal

Register an antidumping duty order on LSIs and parts thereof from Japan

(55 FR 48144). On November 9, 1993, the petitioner, Wyatt, requested

that we conduct an administrative review in accordance with section

353.22(a) of the Department's regulations (19 CFR 353.22(a)). We

initiated the review covering the period November 1, 1992 through

October 31, 1993 (58 FR 65964, December 17, 1993). The Department has

now conducted the review in accordance with section 751 of the Tariff

Act of 1930, as amended (the Act).

Scope of the Review

This review covers imports of LSIs and parts thereof from Japan.

The Department defines such merchandise as LSIs and the parts thereof,

specified below, that have classical measurement capabilities, whether

or not also capable of dynamic measurement. Classical measurement (also

known as static measurement) capability usually means the ability to

measure absolutely (i.e., without reference to molecular standards) the

weight and size of macromolecules and submicron particles in solution,

as well as certain molecular interaction parameters, such as the so-

called second viral coefficient. (An instrument that uses single-angle

instead of multi-angle measurement can only measure molecular weight

and the second viral coefficient.) Dynamic measurement (also known as

quasi-elastic measurement) capability refers to the ability to measure

the diffusion coefficient of molecules or particles in suspension and

deduce therefrom features of their size and size distribution. LSIs

subject to this review employ laser light and may use either a single-

angle or multi-angle technique.

The following parts are included in the scope of this

administrative review when they are manufactured according to

specifications and operational requirements for use only in an LSI as

defined in the preceding paragraph: scanning photomultiplier

assemblies, immersion baths (to provide temperature stability and/or

refractive index matching), sample-containing structures, electronic

signal-processing boards, molecular characterization software,

preamplifier/discriminator circuitry, and optical benches. LSIs subject

to this review may be sold inclusive or exclusive of accessories such

as personal computers, cathode ray tube displays, software, or

printers. LSIs are currently classifiable under Harmonized Tariff

Schedule (HTS) subheading 9027.30.40. LSI parts are currently

classifiable under HTS subheading 9027.90.40. HTS subheadings are

provided for convenience and customs purposes. The written product

description remains dispositive. Different items with the same name as

subject parts may enter under subheading 9027.90.40. To avoid the

unintended suspension of liquidation of non-subject parts, those items

entered under subheading 9027.90.40 and generally known as scanning

photomultiplier assemblies, immersion baths, sample-containing

structures, electronic signal-processing boards, molecular

characterization software, preamplifier/discriminator circuitry, and

optical benches must be accompanied by an importer's declaration to the

Customs Service stating that they are not manufactured for use in a

subject LSI.

This review covers entries of the subject merchandise manufactured

by Otsuka and entered during the period November 1, 1992 through

October 31, 1993.

Preliminary Results of Review

On June 14, 1994, Otsuka informed the Department that it had

decided not to respond to the Department's supplemental questionnaire,

and not to allow verification of its previously submitted questionnaire

response. The Department, therefore, determines that Otsuka is an

uncooperative respondent. As a result, in accordance with section

776(c) of the Act, we have determined that the use of BIA is

appropriate. Whenever, as here, a company refuses to cooperate with the

Department, or otherwise significantly impedes an antidumping

proceeding, we use as BIA the higher of (1) the highest of the rates

found for any firm for the same class or kind of merchandise in the

less-than-fair-value (LTFV) investigation or prior administrative

reviews; or (2) the highest rate found in this review for any firm for

the same class or kind of merchandise. (See Antifriction Bearings from

France, et. al; Final Results of Review, 58 FR 39729 (July 26, 1993).)

As BIA, we assigned the rate of 129.71 percent, which is the highest

rate for any company from both the prior review and the LTFV

investigation. Consequently, we preliminarily determine that the

following dumping margin exists for the period November 1, 1992 through

October 31, 1993:

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Manufacturer/exporter Period of review Margin

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Otsuka Electronics, Ltd.................. 11/01/92-10/31/93 129.71

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Any interested party may request a hearing within 10 days of

publication of this notice. Any hearing will be held 44 days after the

date of publication of this notice, or the first workday thereafter.

Interested parties may submit case briefs within 30 days of the

publication date of this notice. Rebuttal briefs, limited to issues

raised in the case briefs, may be filed not later than 37 days after

the date of publication. The Department will publish a notice of the

final results of this administrative review, which will include the

result of its analysis of issues raised in any such case briefs or

hearing.

The following deposit requirements shall be effective for all

shipments of the subject merchandise that are 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)(1)

of the Act: (1) The cash deposit rates for the reviewed company shall

be those rates established in the final results of this review; (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, a prior review, or the original LTFV

investigation, but the manufacturer is, the cash deposit rate shall 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 by the Department, the

cash deposit rate will be 129.71%, the all other rate established in

the LTFV investigation.

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 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 will 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 (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

Dated: October 7, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-25784 Filed 10-17-94; 8:45 am]

BILLING CODE 3510-DS-P