Light Scattering Instruments and Parts Thereof From Japan; Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

[A-588-813]

Light Scattering Instruments and Parts Thereof From Japan; Final

Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative

Review.

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SUMMARY: On October 18, 1994, the Department of Commerce (the

Department) published the preliminary results of 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 of the merchandise to the United States, Otsuka

Electronics, Ltd. (Otsuka), and entries of the subject merchandise to

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

31, 1993. We gave interested parties an opportunity to comment on the

preliminary results. We received no comments. Based on our analysis,

the final results remain unchanged from those presented in the

preliminary results.

EFFECTIVE DATE: December 28, 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, NW,

Washington, DC 20230; telephone: (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

On October 18, 1994, the Department published in the Federal

Register (59 FR 52511) the preliminary results of the third

administrative review of the antidumping duty order on LSIs and parts

thereof from Japan (55 FR 48144, November 19, 1990). The Department has

now completed 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 measurements. 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 the 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 U.S. Customs Service 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 to the effect that they are not manufactured for use in

a subject LSI.

This review covers entries of the subject merchandise exported by

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

31, 1993.

Final Results of Reviews

We gave interested parties an opportunity to comment on the

preliminary results of these reviews. We received no comments. We have

made no changes from the preliminary results of our review.

Consequently, we have determined 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

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

Otsuka Electronics, Ltd................. 11/01/92-10/31/93 \1\129.71

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\1\Best information available rate; margin used is from the

investigation.

Parties to the proceeding may request disclosure within 5 days of

the date of publication of this notice. The Department will instruct

the Customs Service to assess antidumping duties on all appropriate

entries. The Department will issue appraisement instructions directly

to the Customs Service.

Furthermore, the following deposit requirements will be effective

upon publication of this notice of final results of review for all

shipments of the subject merchandise entered, or withdrawn from

warehouse, for consumption on or after the publication date, as

provided by section 751(a)(1) of the Act: (1) The cash deposit rate for

Otsuka will be 129.71 percent, the rate established in the final

results of this administrative 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 investigation of sales at less than fair

value (LTFV), 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, the cash deposit rate

will be the ``all others'' rate from the LTFV investigation of this

case, in accordance with the Court of International Trade's decisions

in Floral Trade Council v. United States, 822 F. Supp. 766 (1993), and

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

839 F. Supp. 864 (1993). The all others rate is 129.71 percent. 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.

Notification to Interested Parties

This notice also 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 19 CFR 353.34(d). 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 administrative review and notice are in accordance with

section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and Sec. 353.22 of

the Department's regulations.

Dated: December 13, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-31964 Filed 12-27-94; 8:45 am]

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