# Light Scattering Instruments and Parts Thereof from Japan; Final Results of Antidumping Duty Administrative Review > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A95-24301 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** September 29, 1995 - **Citation:** 60 FR 50551 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-24301. Public record. Not legal advice.