Color Television Receivers From the Republic of Korea; Preliminary Results of Antidumping Duty Administrative Review and Partial Termination of Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-008]

Color Television Receivers From the Republic of Korea;

Preliminary Results of Antidumping Duty Administrative Review and

Partial Termination of Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Preliminary Results of Antidumping Duty

Administrative Review and Partial Termination of Administrative Review.

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SUMMARY: In response to a request from petitioners, the Department of

Commerce (the Department) has conducted an administrative review of the

antidumping duty order on color television receivers (CTVs) from the

Republic of Korea. The review covers four manufacturers/exporters of

the subject merchandise and the period April 1, 1993, through March 31,

1994. Based on petitioners' withdrawal of requests for review, the

Department previously terminated the review of one manufacturer/

exporter and is now terminating the review of two additional

manufacturers/exporters.

We have preliminarily determined that one of the four

manufacturers/exporters being reviewed made no shipments of subject

merchandise to the United States during the period of review. The

remaining three manufacturers/exporters failed to respond to our

request for information. If these preliminary results are adopted in

our final results of administrative review, we will instruct the U.S.

Customs Service to assess antidumping duties equal to the amounts

established in these preliminary results.

Interested parties are invited to comment on these preliminary

results.

EFFECTIVE DATE: December 23, 1994.

FOR FURTHER INFORMATION CONTACT: Joseph Hanley or Zev Primor, Office of

Antidumping Compliance, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-

5253.

SUPPLEMENTARY INFORMATION:

Background

On April 30, 1984, the Department published in the Federal Register

(49 FR 18336) the antidumping duty order on CTVs from the Republic of

Korea. On April 7, 1994, the Department published (59 FR 16615) a

notice of ``Opportunity to Request an Administrative Review'' of this

antidumping duty order for the period April 1, 1993, through March 31,

1994 (eleventh review). We received a timely request for review from

the United Electronic Workers of America, Independent (formerly the

Independent Radionic Workers of America), the International Brotherhood

of Electrical Workers, the International Union of Electronic,

Electrical, Salaried, Machine and Furniture Workers, AFL-CIO, and the

Industrial Union Department, AFL-CIO, petitioners in this proceeding.

On May 12, 1994, the Department published a notice of initiation (59 FR

24683) covering the following seven manufacturers/exporters: Samsung

Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung

International, Inc. (Samsung), Cosmos Electronics Manufacturing, Ltd.,

Quantronics Manufacturing, Ltd., Tongkook General Electronics, Inc.,

Daewoo Electronics Co., Ltd., and Daewoo Electronics Corp. of America,

Inc. (Daewoo), Goldstar Electronics International, Inc., Goldstar Co.,

Ltd., and Goldstar of America, Inc. (Goldstar), and Samwon Electronics,

Ltd. On May 23, 1994, petitioners submitted a timely withdrawal of

their request for review of Goldstar. The Department terminated the

review of Goldstar on June 29, 1994 (59 FR 33486). On June 29, and

August 22, 1994, petitioners submitted additional requests to terminate

the reviews of Daewoo and Samwon, respectively. Section 353.22(a)(5) of

our regulations states that ``[t]he Secretary may permit a party that

requests a review under paragraph (a) of this section to withdraw the

request not later than 90 days after the date of publication of notice

of initiation of the requested review. The Secretary may extend this

time limit if the Secretary decides that it is reasonable to do so.''

Since petitioners' request to terminate the review of Daewoo was

submitted within the 90-day period, and no other interested party

requested a review of this company, we are terminating this review.

While petitioners' request to terminate the review of Samwon was not

submitted within the 90-day time limit cited above, because no

significant work had yet been done at the time of the request to

withdraw, withdrawal does not unfairly burden the Department or other

interested parties. Therefore, we have determined that it is reasonable

to extend the time limit and terminate this review also. The Department

has conducted this review in accordance with section 751 of the Tariff

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

Scope of the Review

Imports covered by this review include CTVs, complete and

incomplete, from the Republic of Korea. This merchandise is currently

classified under item numbers 8528.10.80, 8529.90.15, 8529.90.20, and

8540.11.00 of the Harmonized Tariff Schedule (HTS). Since the order

covers all CTVs regardless of HTS classification, the HTS subheading is

provided for convenience and for the U.S. Customs Service purposes. Our

written description of the scope of the order remains dispositive. The

period of review is April 1, 1993 through March 31, 1994.

Preliminary Results of Review

Samsung reported, and the Department verified through the U.S.

Customs Service, that Samsung made no shipments of subject merchandise

to the United States during the period of review. Therefore, we

preliminarily determine to maintain Samsung's current cash deposit

rate. This rate is zero percent because the margin assigned to Samsung

in the most recent final results of review (0.37 percent) was a de

minimis rate.

Since Cosmos, Quatronics, and Tongkook failed to respond to our

questionnaire, we have preliminarily determined that, in accordance

with section 776(c) of the Tariff Act, the use of best information

available (BIA) is appropriate. Our regulations provide that we may

consider whether a party refuses to provide information in determining

what is the best information available (19 CFR 353.37(b)). Standard

Department practice dictates that when a company fails to provide the

information requested in a timely manner, the Department considers the

company uncooperative and generally assigns that company the higher of

(a) the highest rate assigned to any company in any previous review or

the less-than-fair-value investigation (LTFV), or (b) the highest rate

for a responding company with shipments during the period of review.

See Final Results of Antidumping Duty Administrative Review,

Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts

Thereof From the Federal Republic of Germany, et al., 56 FR 31692 (July

11, 1994). See also Allied-Signal Aerospace Co. v. United States, 996

F. 2nd 1195, 1191-92 (Fed. Cir. 1993), Krupp Stahl AG et al v. United

States, 822 F. Supp. 789 (CIT May 26, 1993). Therefore, we have used

the highest rate from the LTFV investigation, which was 16.57 percent,

in determining the margins for these three companies for this review.

We preliminarily determine that the following margins exist for the

period April 1, 1993 through March 31, 1994:

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

Percent

Manufacturer/exporter margin

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

Samsung.................................................... 0.37\1\

Cosmos..................................................... 16.57

Quantronics................................................ 16.57

Tongkook................................................... 16.57

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

\1\No shipments; rate from last review in which there were shipments.

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. Upon completion

of the review the Department will issue appraisement instructions on

each exporter directly to the U.S. Customs Service.

Furthermore, the following deposit requirements will be effective

for all shipments of CTVs 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

Tariff Act: (1) The cash deposit rates for the reviewed companies will

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 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 conducted by the

Department, the cash deposit rates will be 13.90 percent, ``all

others'' rate established in the LTFV investigation (49 FR 18336).

These deposit requirements will remain in effect until publication of

the final results of the next administrative review.

Interested parties may request disclosure within five days of the

date of publication of this notice, and may request a hearing within 10

days of the date of publication. Any hearing, if requested, will be

held as early as convenient for the parties but not later than 44 days

after the date of publication or the first work day thereafter. Case

briefs or other written comments from interested parties may be

submitted not later than 30 days after the date of publication of this

notice. Rebuttal briefs and rebuttal comments, limited to issues in the

case briefs, may be filed not later than 37 days after the date of

publication. The Department will publish the final results of this

administrative review, including the results of its analysis of issues

raised in any such written comments.

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 could 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 Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR

353.22.

Dated: December 16, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-31635 Filed 12-22-94; 8:45 am]

BILLING CODE 3510-DS-P