# Light Scattering Instruments and Parts Thereof From Japan; Final Results of Antidumping Duty Administrative Review > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-31964 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** December 28, 1994 ## Text 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. ----------------------------------------------------------------------- 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: ------------------------------------------------------------------------ Manufacturer/exporter Period of review Margin ------------------------------------------------------------------------ Otsuka Electronics, Ltd................. 11/01/92-10/31/93 \1\129.71 ------------------------------------------------------------------------ \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] BILLING CODE 3510-DS-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-31964. Public record. Not legal advice.