Certain Small Business Telephone Systems and Subassemblies Thereof from Taiwan: Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

[A-583-806]

Certain Small Business Telephone Systems and Subassemblies

Thereof from Taiwan: Final Results of Antidumping Duty Administrative

Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: March 31, 1995.

FOR FURTHER INFORMATION CONTACT:

David J. Goldberger or Lou Apple, Office of Antidumping Investigations,

Import [[Page 16607]] Administration, International Trade

Administration, Department of Commerce, 14th Street and Constitution

Avenue, NW, Washington, DC 20230; telephone: (202) 482-4136 or (202)

482-1769, respectively.

SUPPLEMENTARY INFORMATION:

Background

Since the publication of our preliminary results on December 28,

1994 (59 FR 66912), the following events have occurred:

We gave interested parties an opportunity to comment on the

preliminary results. No comments were received.

The Department of Commerce (the Department) has now completed this

administrative review in accordance with section 751 of the Tariff Act

of 1930, as amended (the Act). Unless otherwise indicated, all cites to

the statute and the Department's regulations refer to the provisions as

they existed on December 31, 1994.

Scope of the Review

Imports covered by this review are shipments of certain small

business telephone systems and subassemblies thereof, currently

classifiable under the following Harmonized Tariff Schedule (HTS) item

numbers: 8504.40.0004, 8504.40.0008, 8504.40.0010, 8504.40.0015,

8517.10.0020, 8517.10.0040, 8517.10.0050, 8517.10.0070, 8517.10.0080,

8517.30.2000, 8517.30.2500, 8517.30.3000, 8517.81.0010, 8517.81.0020,

8517.90.1000, 8517.90.1500, 8517.90.3000, 8517.90.4000, and

8518.30.1000. Although HTS item numbers are provided for convenience

and Customs purposes, the written description of the scope of this

proceeding is dispositive.

Certain small business telephones and subassemblies thereof are

telephone systems, whether complete or incomplete, assembled or

unassembled, with intercom or internal calling capability and total

non-blocking port capacities of between two and 256 ports, and discrete

subassemblies designed for use in such systems. A subassembly is

``designed'' for use in a small business telephone system if it

functions to its full capability only when operated as part of a small

business telephone system. These subassemblies are designed as follows:

(1) Telephone sets and consoles, consisting of proprietary, corded

telephone sets or consoles. A console has the ability to perform

certain functions including: Answer all lines in the system, monitor

the status of other phone sets, and transfer calls. The term

``telephone sets and consoles'' is defined to include any combination

of two or more of the following items, when imported or shipped in the

same container, with or without additional apparatus: Housing, had set,

cord (line or hand set), power supply, telephone set circuit cards, or

console circuit cards.

(2) Control and switching equipment, whether denominated as a key

service unit, control unit, or cabinet/switch. ``Control and switching

equipment'' is defined to include the units described in the preceding

sentence which consist of one or more circuit cards or modules

(including backplane circuit cards) and one or more of the following

items, when imported or shipped in the same container as the circuit

cards or modules, with or without additional apparatus: connectors to

accept circuit cards or modules and building wiring.

(3) Circuit cards and modules including power supplies. These may

be incorporated into control and switching equipment or telephone sets

and consoles, or they may be imported or shipped separately. A power

supply converts or divides input power of not more than 2400 watts into

output power of not more than 1800 watts supplying DC power of

approximately 5 volts, 24 volts, and 48 volts, as well as 90 volt AC

ringing capability.

The following merchandise is excluded from the scope of this order:

(1) Nonproprietary industry-standard (``tip/ring'') telephone sets and

other subassemblies that are not specifically designed for use in

covered system, even though a system may be adapted to use such

nonproprietary equipment to provide some system functions; (2)

telephone answering machines or facsimile machines integrated with

telephone sets; and (3) adjunct software used on external data

processing equipment.

Final Results of Review

The Department received no comments on its preliminary results of

review. Therefore, the final results of our review are identical to

those in the preliminary results:

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

Manufacturer/exporter Margin(percent)

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

Bitronic Telecoms Co., Ltd............................. 6.97

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

The Department will instruct the U.S. Customs Service to assess

antidumping duties on all appropriate entries. Furthermore, the

following deposit requirements will be effective upon publication of

this notice of final results of this administrative review for all

shipments of the subject merchandise entered or withdrawn from

warehouse for consumption on or after the publication date, as provided

by section 751(a)(1) of the Act: (1) The case deposit rate for the

reviewed company will be as outlined above; (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 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; (4)

the cash deposit rate for all other manufacturers or exporters will be

0.00 percent, the ``all other'' rate established in the original less-

than-fair-value investigation by the Department (54 FR 42543, October

17, 1989), in accordance with the decisions of the Court of

International Trade in Floral Trade Council v. United States, 822 F.

Supp. 766 (1993), and Federal-Mogul Corporation v. United States, 822

F. Supp. 782 (1993).

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 occurred and the subsequent

assessment of double antitdumping duties.

This notice serves as the only reminder to parties subject to

administrative protective order (APO) of their responsibilities

concerning the return or destruction of proprietary information

disclosed under APO in accordance with 19 CFR 353.34(d). Failure to

comply is a violation of the APO.

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: March 17, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-8013 Filed 3-30-95; 8:45 am]

BILLING CODE 3510-DS-M