# Preliminary Results of Antidumping Duty Administrative Review; Fishnetting of Man-Made Fiber From Japan > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-5878 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** March 14, 1994 ## Text 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. ----------------------------------------------------------------------- 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 ------------------------------------------------------------------------ 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-5878. Public record. Not legal advice.