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

DEPARTMENT OF COMMERCE

[A-588-029]

Fishnetting of Man-Made Fibers From Japan; Preliminary Results of

Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Preliminary Results of Antidumping Duty

Administrative Review.

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SUMMARY: In response to a request from one respondent, the Department

of Commerce (the Department) is conducting an administrative review of

the antidumping duty order on fishnetting of man-made fibers from

Japan. The review covers one manufacturer/exporter of the subject

merchandise to the United States for the period June 1, 1993, through

May 31, 1994.

We have preliminarily determined that sales have been made below

the foreign market value (FMV). If these preliminary results are

adopted in our final results of administrative review, we will instruct

U.S. Customs to assess antidumping duties equal to the difference

between the United States price (USP) and the FMV.

Interested parties are invited to comment on these preliminary

results. Parties who submit argument in this proceeding are requested

to submit with the argument (1) a statement of the issue and (2) a

brief summary of the argument.

EFFECTIVE DATE: July 14, 1995.

FOR FURTHER INFORMATION CONTACT: Kim Moore or Thomas 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-

0090/3814.

SUPPLEMENTARY INFORMATION:

Background

On June 7, 1994, the Department published a notice of ``Opportunity

to Request an Administrative Review'' of the antidumping finding on

fishnetting from Japan (37 FR 11560, June 9, 1972) for the period June

1, 1993, through May 31, 1994 (59 FR 29411) . We received a timely

request for an administrative review on June 29, 1994, from Yamaji

Fishing Net Company Ltd. (Yamaji). The Department initiated the review,

covering the period June 1, 1993, through May 31, 1994, on July 15,

1994 (59 FR 36160). The Department is now conducting this 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 fishnetting of man-

made fibers, not including salmon gill netting, from Japan. This

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 subheading is provided for convenience and for U.S. Customs

purposes. The written description remains dispositive as to the scope

of the product coverage. The period of review is June 1, 1993, through

May 31, 1994.

United States Price

In accordance with section 772(b) of the Act, the Department based

USP on purchase price, because the merchandise was sold to unrelated

U.S. purchasers prior to importation. Purchase price was based on

c.i.f. U.S. port and packed prices to unrelated purchasers in the

United States. The contract date was the date that the terms of sale,

quantity, and price were final; thus, the Department accepted the

respondent's contract date as the date of sale. We made adjustments,

where applicable, for Japanese and U.S. ocean freight, marine

insurance, shipping charges, and inland freight. No other adjustments

were claimed or allowed.

We reviewed information Yamaji submitted regarding product matches

and determined product comparisons based on this information. We first

compared products sold in the United States to identical products sold

in the home market. For several of the products sold in the United

States, we did not find a contemporaneous sale of the identical product

in the home market. To determine similar merchandise in the home

market, we grouped products according to their specifications. We then

compared U.S. sales to these groups, again using these specifications

as our matching criterion.

Foreign Market Value

In accordance with section 773(a) of the Act, the Department

calculated FMV for Yamaji based on f.o.b. and delivered prices to

unrelated purchasers in the home market. We used the invoice date as

the date of sale for these transactions. Because information from

Yamaji indicated that there were no cost differences between the U.S.

merchandise and similar home market merchandise, we did not make an

adjustment to FMV for physical differences. We adjusted FMV for the

differences in packing costs between the home market and the U.S.

market. We deducted home market packing costs from the home market

price and added U.S. packing costs to the FMV. No other adjustments

were claimed or allowed.

Preliminary Results of Review

As a result of this review, we preliminarily determine that the

following margin exists for the period June 1, 1993, through May 31,

1994:

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

Percent

Manufacturer/Exporter margin

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

Yamaji....................................................... 2.58

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The following deposit requirements will be effective for all

shipments of fishnetting of man-made fibers entered, or withdrawn from

warehouse, for consumption on or after the publication date of the

final results of this administrative review, as provided by section

751(a) (1) of the Act: (1) The cash deposit rate for Yamaji will be the

rate established in the final results of this 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 in the original less-than-

fair-value 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

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

percent, the all others rate established in the final results of the

first administrative review (49 FR 19339, April 30, 1984).

These deposit requirements, when imposed, shall remain in effect

until publication of the final results of the next administrative

review.

Interested parties may request disclosure within 5 days of the date

of publication of this notice, and may

[[Page 36262]]

request a hearing within 10 days of the date of publication. Any

hearing, if requested, will be held as early as is convenient for the

parties but not later than 44 days after the date of publication of

this notice or the first work day thereafter. Case briefs or other

written comments from interested parties may be submitted not later

than 30 days after the date of publication of this notice. Rebuttal

briefs and rebuttal comments, limited to issues in the case briefs, may

be filed not later than 37 days after the date of publication. 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.

This notice 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 Act (19 U.S.C. 1675(a) (1)) and 19 CFR

353.22.

Dated: July 6, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-17348 Filed 7-13-95; 8:45 am]

BILLING CODE 3510-DS-P