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

DEPARTMENT OF COMMERCE

[A-588-029]

Preliminary Results of Antidumping Duty Administrative Review;

Fishnetting of Man-Made Fiber From Japan

AGENCY: International Trade Administration/Import Administration,

Commerce.

ACTION: Notice of preliminary results of antidumping finding

administrative review.

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SUMMARY: In response to a request by Yamaji Fishing Net Co., Ltd. (the

respondent), the Department of Commerce (the Department) has conducted

an administrative review of the antidumping finding on fishnetting of

man-made fiber from Japan. This review covers one company and the

period June 1, 1992 through May 31, 1993. For these preliminary

results, we applied the best information available (BIA). The review

indicates the existence of dumping margins during the period.

We invite interested parties to comment on these preliminary

results.

EFFECTIVE DATE: March 14, 1994.

FOR FURTHER INFORMATION CONTACT:

Kim Moore or Lisa Raisner, Office of Antidumping Compliance,

International Trade Administration, U.S. Department of Commerce,

Washington, DC 20230, telephone: (202) 482-0090/3518.

SUPPLEMENTARY INFORMATION:

Background

On June 6, 1972, the Department of Treasury published in the

Federal Register (37 FR 11560) the antidumping finding on fishnetting

of man-made fiber from Japan. On June 7, 1993, the Department published

a notice of opportunity to request review for the period June 1, 1992

through May 31, 1993 (58 FR 31941). The respondent requested, in

accordance with 19 CFR 353.22(a) that we conduct an administrative

review. We published the notice of initiation on July 21, 1993 (58 FR

39007). The Department has now conducted that 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 classified 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.

This review covers entries of the subject merchandise by Yamaji

Fishing Net Co., Ltd., during the period June 1, 1992 through May 31,

1993.

Analysis

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, see the verification report filed

on the record of this case.

Because we have no data upon which we can reliably base our

analysis, the Department must use BIA for its preliminary results of

review.

Best Information Available

In accordance with section 776(c) of the Tariff Act, we rely upon

BIA in cases where a party refuses or is unable to produce information

requested in a timely manner and in the form required, or otherwise

significantly impedes proceedings. The Department generally uses a two-

tiered approach in its choice of BIA. For uncooperative respondents or

respondents which substantially impede the proceedings (``first

tier''), the Department uses the higher of (1) the highest rate for any

company from the original investigation or prior administrative review

or (2) the highest rate found in the current review for any company.

For respondents which attempt to cooperate (``second tier''), the

Department uses the higher of (1) the highest rate ever applicable to

the firm for the subject merchandise or (2) the highest calculated rate

in the current review for any firm (see Antifriction Bearings (Other

than Tapered Roller Bearings) and Parts Thereof from France, et al., 58

FR 39729, July 26, 1993).

As outlined above, the second-tier BIA rate should be applied,

since Yamaji was essentially cooperative. Accordingly, we will continue

to apply Yamaji's previous rate of 18.30 percent, which is both the

highest rate ever applicable to the firm for the subject merchandise

and the highest rate in the proceeding (see Fishnetting of Man-Made

Fibers from Japan; Final Results of Administrative Review of

Antidumping Finding, 56 FR 49457, September 30, 1991).

Preliminary Results of the Review

As a result of our review, we preliminarily determine that a margin

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

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

Percent

Manufacturer/exporter margin

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

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

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Interested parties may request disclosure within 5 days of the date

of publication of this notice and may request a hearing within 10 days

of publication. Any hearing, if requested, will be held 44 days after

the date of publication or the first business day thereafter. Case

briefs and/or written comments from interested parties may be submitted

no later than 30 days after the date of publication. Rebuttal briefs

and rebuttals to written comments, limited to issues raised in those

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

publication of this notice. 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 or at a hearing.

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. The Department

will issue appraisement instructions on each exporter directly to the

Customs Service.

Furthermore, the following deposit requirements will be effective,

upon publication of the notice of final results of this administrative

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

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

the publication date of the final results of review, as provided by

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

reviewed company will be that 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

their company-specific rate published for the most recent period; (3)

if the exporter is not a firm covered in this 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, and, because the

proceeding is governed by an antidumping finding, the cash deposit rate

will be set equal to the ``new shipper'' rate established in the first

administrative review, as discussed below.

On May 25, 1993, the Court of International Trade, in Floral Trade

Council v. United States, Slip Op. 93-79, and Federal-Moqul Corporation

and the Torrington Company v. United States, Slip Op. 93-83, 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 of 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 the

administrative review published by the Department (or that rate as

amended for correction of clerical errors or as a result of litigation)

as the ``all others'' rate for the purpose of establishing cash

deposits in all current and future administrative reviews.

Because this proceeding is governed by an antidumping 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 the 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 also 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(c).

Dated: March 4, 1994.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 94-5878 Filed 3-11-94; 8:45 am]

BILLING CODE 3510-DS-M