Light Scattering Instruments and Parts Thereof from Japan; Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

[A-588-813]

Light Scattering Instruments and Parts Thereof 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.

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SUMMARY: On August 16, 1995, the Department of Commerce (the

Department) published the preliminary results of its administrative

review of the antidumping duty order on light-scattering instruments

and parts thereof from Japan (60 FR 42527). The review covered one

manufacturer/exporter, Otsuka Electronics Co., Ltd. (Otsuka), of the

subject merchandise and the review period November 1, 1993, through

October 31, 1994.

We gave interested parties an opportunity to comment on our

preliminary results. We received no comments. The final results are

unchanged from those presented in the preliminary results.

EFFECTIVE DATE: September 29, 1995.

FOR FURTHER INFORMATION CONTACT: Leon McNeill or Maureen Flannery,

Office of Antidumping Compliance, Import Administration, International

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

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

4733.

SUPPLEMENTARY INFORMATION:

Background

On November 19, 1990, the Department published in the Federal

Register the antidumping duty order on light-scattering instruments

(LSIs) and parts thereof from Japan (55 FR 48144). On November 10,

1994, the Department published a notice in the Federal Register

notifying interested parties of the opportunity to request an

administrative review of light-scattering instruments and parts thereof

from Japan (59 FR 56034). On November 2, 1994, petitioner, Wyatt

Technology Corporation (Wyatt) requested, in accordance with 19 CFR

353.22(a), that we conduct an administrative review of exports to the

United States by Otsuka, for the period November 1, 1993, through

October 31, 1994. We published a notice of initiation of the

antidumping duty administrative review on December 15, 1994 (59 FR

64650). On August 16, 1995, the Department published in the Federal

Register the preliminary results of its administrative review of the

antidumping duty order on light-scattering instruments and parts

thereof from Japan (60 FR 42527). The Department has now completed that

review in accordance with section 751 of the Tariff Act of 1930, as

amended (the Act).

Applicable Statutes and Regulations

Unless otherwise stated, all citations to the statutes and to the

Department's regulations are references to the provisions as they

existed on December 31, 1994.

Scope of the Review

The products covered by this administrative review are light-

scattering instruments and parts thereof from Japan. The Department

defines such merchandise as LSIs and the parts thereof, specified

below, that have classical measurement capabilities, whether or not

also capable of dynamic measurement. Classical measurement (also known

as static measurement) capability usually means the ability to measure

absolutely (i.e., without reference to molecular standards) the weight

and size of macromolecules and submicron particles in solution, as well

as certain molecular interaction parameters, such as the so-called

second viral coefficient. (An instrument that uses single-angle instead

of multi-angle measurement can only measure molecular weight and the

second viral coefficient.) Dynamic measurement (also known as quasi-

elastic measurement) capability refers to the ability to measure the

diffusion coefficient of molecules or particles in suspension and

deduce therefrom features of their size and size distribution. LSIs

subject to this review employ laser light and may use either a single-

angle or multi-angle technique.

The following parts are included in the scope of this

administrative review when they are manufactured according to

specifications and operational requirements for use only in an LSI as

defined in the preceding paragraph: scanning photomultiplier

assemblies, immersion baths (to provide temperature stability and/or

refractive index matching), sample-containing structures, electronic

signal-processing boards, molecular characterization software,

preamplifier/discriminator circuitry, and optical benches. LSIs subject

to this review may be sold inclusive or exclusive of accessories such

as personal computers, cathode ray tube displays, software, or printer.

LSIs are currently classifiable under Harmonized Tariff Schedule (HTS)

subheading 9027.30.40. LSI parts are currently classifiable under HTS

subheading 9027.90.40. HTS subheadings are provided for convenience and

U.S. Customs Service purposes. The written product description remains

dispositive. Different items with the same name as subject parts may

enter under subheading 9027.90.40. To avoid the unintended suspension

of liquidation of non-subject parts, those items entered under

subheading 9027.90.40 and generally known as scanning photomultiplier

assemblies, immersion baths, sample-containing structures, electronic

signal-processing boards, molecular characterization software,

preamplifier/discriminator circuitry, and optical benches must be

accompanied by an importer's

[[Page 50552]]

declaration to the Customs Service stating that they are not

manufactured for use in a subject LSI.

Final Results of the Review

We invited interested parties to comment on the preliminary

results. We received no comments. The final results are therefore

unchanged from those presented in the preliminary results, and we

determine, based on the best information available, that a margin of

129.71 percent exists for Otsuka for the period November 1, 1993,

through October 31, 1994.

Furthermore, the following deposit requirements will be effective

for all shipments of the subject merchandise entered, or withdrawn from

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

final results, as provided by section 751(a)(1) of the Act: (1) The

cash deposit rate for Otsuka 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

the original less than fair value (LTFV) investigation, but the

manufacturer is, the cash deposit rate will be the rate 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 by

the Department, the cash deposit rate will be 129.71 percent, the all

other rate established in the LTFV investigation.

These deposit requirements shall remain in effect until publication

of the final results of the next administrative review.

This notice 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 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 disposition 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 an APO is a sanctionable violation.

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: September 22, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-24301 Filed 9-28-95; 8:45 am]

BILLING CODE 3510-DS-P