Industrial Belts and Components and Parts Thereof, Whether Cured or Uncured, From Japan; Partial Termination and Preliminary Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

[A-588-807]

Industrial Belts and Components and Parts Thereof, Whether Cured

or Uncured, From Japan; Partial Termination and Preliminary Results of

Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of partial termination and preliminary results of

antidumping duty administrative review.

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SUMMARY: In response to requests from Mitsuboshi Belting Limited (MBL)

and Nakamichi America Corporation (Nakamichi), the respondents, the

Department of Commerce (the Department) initiated an administrative

review of the antidumping duty order on industrial belts and components

and parts thereof, whether cured or uncured (hereinafter referred to as

industrial belts), from Japan. Subsequently, Nakamichi made a timely

request to withdraw its request for an administrative review, and since

there were no other requests for review of Nakamichi's exports to the

United States, the Department is terminating its 1993/94 administrative

review of Nakamichi. Therefore, this review covers one manufacturer/

exporter, MBL, during the period June 1, 1993, through May 31, 1994.

As a result of this review, the Department has preliminarily

determined to assess antidumping duties for MBL based upon the best

information otherwise available (BIA). Interested parties are invited

to comment on the preliminary results of this administrative review.

EFFECTIVE DATE: May 8, 1995.

FOR FURTHER INFORMATION CONTACT: Charles Vannatta in the Office of

Antidumping Compliance; Import Administration; International Trade

Administration; 14th & Constitution Avenue, N.W.; U.S. Department of

Commerce; Washington, D.C. 20230; telephone number (202) 482-5253.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute and to the

Department's regulations are references [[Page 22562]] to the

provisions as they existed on December 31, 1994.

Background

On June 14, 1989, the Department published in the Federal Register

(54 FR 25314) the antidumping order on industrial belts from Japan. On

June 16, 1994, and June 30, 1994, Nakamichi and MBL, respectively,

requested that the Department conduct an administrative review of the

period June 1, 1993, through May 31, 1994. The Department published a

notice of initiation of the antidumping administrative review on July

15, 1994 (59 FR 36160). The Department is now conducting this

administrative review in accordance with section 751 of the Tariff Act

of 1930, as amended (the Tariff Act).

On September 2, 1994, the Department received a timely request from

Nakamichi to withdraw its request for an administrative review. There

were no other requests from interested parties for an administrative

review of Nakamichi. Therefore, with respect to Nakamichi, the

Department is terminating this administrative review, in part, in

accordance with 19 CFR 353.22(a)(5).

On July 19, 1994, the Department presented its questionnaire to the

counsel for MBL requesting information concerning MBL's U.S. and home

market sales made during the period of review. MBL did not respond to

the Department's request for information.

Scope of the Review

Imports covered by the review are shipments of industrial belts and

components and parts thereof, whether cured or uncured, from Japan.

These products include V-belts, synchronous belts, and other industrial

belts, in part or wholly of rubber or plastic, and containing textile

fiber (including glass fiber) or steel wire, cord or strand, and

whether in endless (i.e., closed loops) belts, or in belting in lengths

or links. This review excludes conveyor belts and automotive belts, as

well as front engine drive belts found on equipment powered by internal

combustion engines, including trucks, tractors, buses, and lift trucks.

During the period of review, the merchandise was classifiable under

Harmonized Tariff Schedule (HTS) subheadings 3926.90.55, 3926.90.56,

3926.90.57, 3926.90.59, 3926.90.60, 4010.10.10, 4010.10.50, 4010.91.11,

4010.91.15, 4010.91.19, 4010.91.50, 4010.99.11, 4010.99.15, 4010.99.19,

4010.99.50, 5910.00.10, 5910.00.90, and 7326.20.00. The HTS subheadings

are provided for convenience and Customs purposes. The written

description remains dispositive.

For these preliminary results, this review covers sales and entries

made during the period of review from one Japanese manufacturer and

exporter of industrial belts to the United States, Mitsuboshi Belting

Limited.

Best Information Available

In accordance with section 776(c) of the Tariff Act, the Department

has preliminarily determined that the use of BIA is appropriate for

MBL. In determining what to use as BIA, 19 CFR 353.37(b) provides that

the Department may take into account whether a party fails to provide

requested information. When a company fails to provide the information

requested in a timely manner, or otherwise significantly impedes the

Department's review, the Department considers that company to be

uncooperative, and, in accordance with its two-tier BIA methodology,

generally assigns to that company the higher of (1) the highest rate

for any company for the same class or kind of merchandise from any

previous review or the original investigation, or (2) the highest rate

for a responding firm with shipments of the same class or kind of

merchandise during the current review period (Antifriction Bearings

(Other Than Tapered Roller Bearings) and Parts Thereof From the Federal

Republic of Germany, et al; Final Results of Antidumping Duty

Administrative Review, 56 FR 31692, 31704-05 (July 11, 1991); Allied-

Signal Aerospace Co. v. United States, 996 F.2d 1185 (Fed. Cir. 1993)).

Because MBL did not respond to the Department's request for

information, the Department has used the rate from the less-than-fair-

value investigation to establish MBL's margin in accordance with the

first tier of the Department's two-tier BIA methodology. This rate is

93.16 percent.

Preliminary Results of Review

The Department preliminarily determines that MBL's margin for this

administrative review is 93.16 percent.

Parties to the proceeding may request disclosure and/or an

administrative protective order within five days of the date of

publication of this notice. Interested parties may also request a

public hearing within 10 days of the date of publication of this

notice. Any hearing, if requested, will be held 44 days after the date

of publication, or the first workday thereafter. Case briefs and/or

written comments may be submitted to the Department not 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 with the Department not later than 37 days after the date of

publication. The Department will include in its publication of the

final results of administrative review an analysis of the issues raised

in any written comments or at the hearing.

Upon completion of the final results of this administrative review,

the Department will determine, and the U.S. Customs Service will

assess, antidumping duties on all appropriate entries. Individual

differences between the United States price and the foreign market

value may vary from the percentage stated above. The Department will

issue appraisement instructions directly to the U.S. Customs Service.

Furthermore, the following deposit requirements will be effective

upon completion of the final results of this administrative review for

all shipments of industrial belts from Japan, entered for consumption,

or withdrawn from warehouse for consumption, on or after its

publication date, as provided by section 751(a)(1) of the Tariff Act:

(1) The cash deposit rate for MBL will be that established in the

final results of this administrative review;

(2) For subject merchandise exported by manufacturers or exporters

not covered in this review but covered in previous reviews or in the

original less-than-fair-value investigation, a cash deposit based upon

the most recently published rate in a final result or determination for

which the manufacturer or exporter received a company-specific rate;

(3) For subject merchandise exported by an exporter not covered in

this review, a prior review, or the original investigation, but where

the manufacturer of the merchandise has been covered by this or a prior

final result or determination, a cash deposit based upon the most

recently published company-specific rate for that manufacturer; and

(4) For merchandise exported by all other manufacturers and

exporters who are not covered by this or any previous administrative

review conducted by the Department, the cash deposit rate will be the

``all others'' rate established in the less-than-fair-value

investigation, 93.16 percent.

These cash deposit requirements, when imposed, shall remain in

effect until the publication of the final results of the next

administrative review.

This notice also serves as a preliminary reminder to all importers

of their responsibility under 19 CFR 353.26 to file a certificate

regarding the reimbursement of antidumping duties [[Page 22563]] prior

to liquidation of the relevant entries during the 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)(5).

Dated: April 19, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-11258 Filed 5-5-95; 8:45 am]

BILLING CODE 3510-DS-M