High Power Microwave Amplifiers and Components Thereof From Japan; Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

[A-588-005]

High Power Microwave Amplifiers and Components 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 May 6, 1996, the Department of Commerce (the Department)

issued the preliminary results of its 1994-95 administrative review of

the antidumping duty order on high power microwave amplifiers and

components thereof (HPMAs) from Japan (61 FR 20223; May 6, 1996). The

review covers one manufacturer/exporter. The review period is July 1,

1994, through June 30, 1995. We gave interested parties an opportunity

to comment on our preliminary results. No comments were received.

Therefore, as we did in the preliminary results, we have based our

determination on facts available because the firm failed to submit a

response to our questionnaire.

EFFECTIVE DATE: September 13, 1996.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Kris Campbell,

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 May 6, 1996, the Department published in the Federal Register

the preliminary results of its 1994-1995 administrative review of the

antidumping duty order on HPMAs from Japan (61 FR 20223).

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act) by the

Uruguay Round Agreements Act (URAA).

Scope of the Review

The products covered by this review are high power microwave

amplifiers and components thereof. High power microwave amplifiers are

radio-frequency power amplifier assemblies, and components thereof,

specifically designed for uplink transmission in C, X, and Ku bands

from fixed earth stations to communications satellites and having a

power output of one kilowatt or more. High power microwave amplifiers

may be imported in subassembly form, as complete amplifiers, or as a

component of higher level assemblies (generally earth stations). This

merchandise is currently classifiable under item 8525.10.80 of the

Harmonized Tariff Schedule (HTS). The HTS item number is provided for

convenience and customs purposes. The written description remains

dispositive.

[[Page 48472]]

Final Results of the Review

We gave interested parties an opportunity to comment on our

preliminary results. We received no comments. After the expiration of

the comment period, we received a letter from NEC, dated 28, 1996,

requesting that the Department partially revoke the antidumping duty

order with respect to components (TWTs and Klystron tubes). NEC claimed

in its letter that the petitioner, MCL Inc., no longer has an interest

in the continued application of the antidumping duty order with respect

to these components. However, petitioner has not yet submitted an

expression of lack of interest. Further, petitioner has advised the

Department that if it does so, it would only support a prospective

revocation. See Memorandum from Kris Campbell to File, August 27, 1996.

Therefore, we are proceeding with the final results for this review

based on facts available.

As explained in our preliminary determination, because NEC did not

respond to our questionnaire, we assigned NEC a rate based on facts

available in accordance with section 776 (b) of the Act. Consistent

with our preliminary determination, we have assigned a margin of 41.4

percent to NEC for the period July 1, 1994, through June 30, 1995. For

further information regarding the determination of this rate, see the

preliminary results for the 1994-95 administrative review of the

antidumping duty order on HPMAs from Japan (61 FR 20223; May 6, 1996).

The Department will issue appraisement instructions directly to the

Customs Service. Furthermore, the following deposit requirements will

be effective for all shipments of HPMAs from Japan entered, or

withdrawn from warehouse, for consumption on or after the publication

date of these final results of this administrative review, as provided

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

reviewed company will be that established above; (2) for manufacturers

and exporters not covered in this review, but covered in a previous

review 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 previous review, or the original LTFV

investigation, but the manufacturer is, the cash deposit rate will be

that established for the most recent period for the manufacturer of the

merchandise; and (4) the cash deposit rates for all other manufacturers

or exporters will be 33.4 percent, as explained in the preliminary

results of the administrative review of the antidumping duty order on

HPMAs from Japan (61 FR 20223; May 6, 1996).

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)(1). Timely written notification

of the 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 3, 1996.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 96-23525 Filed 9-12-96; 8:45 am]

BILLING CODE 3510-DS-P