Bicycle Speedometers From Japan; Final Results of Antidumping Duty Administrative Review

Federal RegisterJun 5, 1995

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-038]

Bicycle Speedometers 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 January 31, 1995, the Department of Commerce (the

Department) published the preliminary results of its administrative

review of the antidumping finding on bicycle speedometers from Japan.

The review covers one manufacturer/exporter, Cateye Co., Ltd. (Cateye),

and the period November 1, 1992 through October 31, 1993.

We gave interested parties an opportunity to comment on our

preliminary results. We received comments from the respondent, Cateye.

Based on our analysis of the comments received, the final results of

this review have changed from those presented in the preliminary

results of review.

EFFECTIVE DATE: June 5, 1995.

FOR FURTHER INFORMATION CONTACT: Arthur N. DuBois or Thomas F. Futtner,

Office of Antidumping Compliance, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue NW., Washington, D.C. 20230; telephone (202) 482-

6312/3814.

SUPPLEMENTARY INFORMATION:

Background

On January 31, 1995, the Department published in the Federal

Register (60 FR 5898) the preliminary results of its administrative

review of the antidumping finding on bicycle speedometers from Japan

(37 FR 24826, November 22, 1972). On February 27, 1995, we received

comments from the respondent, Cateye. The Department has now completed

that administrative review in accordance with section 751 of the Tariff

Act of 1930, as amended (the Act).

Scope of the Review

Imports covered by the review are shipments of bicycle

speedometers. This merchandise is currently classifiable under the

Harmonized Tariff Schedule (HTS) item numbers 9029.20.20, 9029.40.80,

and 9029.90.40. HTS item numbers are provided for convenience and

Customs purposes. Our written description remains dispositive.

The review covers the shipments of Cateye, a manufacturer/exporter

of bicycle speedometers during the period November 1, 1992 through

October 31, 1993.

Analysis of Comments Received

We gave interested parties an opportunity to comment on the

preliminary results as provided by section 353.38 of the Department's

regulations. We received comments from the respondent, Cateye.

Comment 1: Cateye commented that in the preliminary calculations

the Department inappropriately included sales in the home market data

base that occurred outside the period of review.

Department's Response: We agree and have corrected the programming

accordingly.

Comment 2: Cateye commented that for certain models sold in the

United States, we failed to compare the most similar merchandise sold

in the home market.

Department's Response: We agree that for the models mentioned in

Cateye's comment, we failed to compare models sold in the United States

with the most similar merchandise sold in the home market. The most

similar merchandise for models with black cases sold in the United

States are home market models with black cases, and the most similar

merchandise for models with colored cases sold in the United States are

home market models with colored cases. We have recalculated our results

accordingly.

Final Results of Review

As a result of our review, we have determined that the following

margin exists for the period November 1, 1992 through October 31, 1993:

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

Margin

Manufacturer/exporter (percent)

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

Cateye Co., Ltd............................................. 1.44

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

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. Individual

differences between U.S. price and foreign market value may vary from

the percentage stated above. The Department will issue appraisement

instructions directly to the Customs Service.

Furthermore, the following deposit requirements will be effective

upon publication of these final results of administrative review for

all shipments of the subject merchandise entered, or withdrawn from

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

provided by section 751(a)(1) of the Act, and will remain in effect

until publication of the final results of the next administrative

review: (1) The cash deposit rate for the reviewed company will be 1.44

percent;

(2) for exporters not covered in this review, but covered in

previous reviews or the original less-than-fair-value (LTFV)

investigation, 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 LTFV 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, the cash deposit rate will be 26.44 percent, which

is the ``new shipper'' rate established in the first administrative

review in accordance with the Court of International Trade's (CIT's)

decisions in Floral Trade Council v. United States, 822 F. Supp. 766

(CIT 1993), and Federal Mogul Corporation and the Torrington Company

v. the United States, 822 F Supp. 782 (CIT 1993). We are basing the

``all others'' rate on the ``new [[Page 29553]] shipper'' rate

established in the first final results of administrative review

published by the Department (47 FR 28978, July 2, 1982) because this

proceeding is governed by an antidumping finding, and we are unable

to ascertain the ``all others'' rate from the Treasury LTFV

investigation.

This notice also 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 has

occurred and the subsequent assessment of double antidumping duties.

This notice also serves as a reminder to parties subject to

administrative protective orders (APOs) of their responsibility

concerning the return or destruction of proprietary information

disclosed under APO in accordance with 19 CFR 353.34(d). Timely written

notification of return/destruction of APO materials or conversion to

judicial protective order is hereby requested. Failure to comply with

the regulations and the terms of APO is a sanctionable violation.

This administrative review and notice are in accordance with

section 751(a) of the Act, as amended (19 U.S.C. 1675(a)), and 19 CFR

353.22.

Dated: May 26, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-13702 Filed 6-2-95; 8:45 am]

BILLING CODE 3510-DS-P

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