Notice of Antidumping Duty Order in the Antidumping Investigation of Vector Supercomputers From Japan

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-841]

Notice of Antidumping Duty Order in the Antidumping Investigation

of Vector Supercomputers From Japan

AGENCY: Import Administration, International Trade Administration,

Department of Commerce

EFFECTIVE DATE: October 24, 1997.

FOR FURTHER INFORMATION CONTACT: Edward Easton at (202) 482-1777 or

Sunkyu Kim at (202) 482-2613, Office of Antidumping/Countervailing Duty

Enforcement, Import Administration, International Trade Administration,

U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W.,

Washington, D.C. 20230.

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 by the Uruguay

Round Agreements Act (URAA).

Scope of Order

The scope of this order consists of all vector supercomputers,

whether new or used, and whether in assembled or unassembled form, as

well as vector supercomputer spare parts, repair parts, upgrades, and

system software, shipped to fulfill the requirements of a contract

entered into on or after October 16, 1997, for the sale and, if

included, maintenance of a vector supercomputer. A vector supercomputer

is any computer with a vector hardware unit as an integral part of its

central processing unit boards.

In general, the vector supercomputers imported from Japan, whether

assembled or unassembled, covered by this order are classifiable under

heading 8471 of the Harmonized Tariff Schedules of the United States

(``HTS''). Merchandise properly classified under HTS numbers 8471.10

and 8471.30, however, is excluded from the scope of this order.

Although, these references to the HTS are provided for convenience and

customs purposes, our written description of the scope of this order is

dispositive.

On October 15, 1997, Fujitsu Limited and Fujitsu America, Inc.,

respondents in the antidumping proceeding, requested that the

Department adjust the scope of this order to provide that it applied to

entries pursuant to a contract entered into on or after the publication

of the final affirmative determination of the U.S. International Trade

Commission in the Federal Register. On October 16, 1997, Cray Research,

Inc., the petitioner in the proceeding, wrote the Department to

acquiesce in Fujitsu's request. Therefore, the Department has amended

the scope language to clarify that merchandise imported pursuant to

contracts for vector supercomputer systems entered into prior to

October 16, 1997, are outside the scope of this order. Petitioner also

requested clarification as to whether the exercise of an option in a

contract entered into prior to October 16, 1997, constitutes a new

contract entered into on the day the option is exercised. Should the

petitioner bring the exercise of such an option to the Department's

attention in the form of a request for a ruling on the scope of this

order pursuant to 19 CFR 351.225(c), the Department will either issue a

final ruling under paragraph (d) of that section or will initiate a

scope inquiry under paragraph (e).

Antidumping Duty Order

On October 7, 1997, in accordance with section 735(d) of the Act,

the U.S. International Trade Commission (ITC) notified the Department

that imports of vector supercomputers from Japan threaten material

injury to the U.S. industry. The ITC did not determine that but for the

suspension of liquidation of entries of vector supercomputers from

Japan, the domestic industry would have been materially injured.

Accordingly, the

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Department will direct United States Customs officers to terminate

suspension of liquidation and release any cash deposit, bond or other

security for vector supercomputers from Japan on shipments entered, or

withdrawn from warehouse, for consumption prior to October 16, 1997,

the date of the publication of the ITC's final determination in the

Federal Register. Effective on the publication date of this notice in

the Federal Register, the U.S. Customs Service must require the

following cash deposits for the subject merchandise:

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

Margin

Manufacturer/producer/exporter percentage

rate

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

Fujitsu Ltd................................................. 173.08

NEC Corp.................................................... 454.00

All Others.................................................. 313.54

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

This notice constitutes the antidumping duty order with respect to

vector supercomputers from Japan, pursuant to section 736 (a) of the

Act. Interested parties may contact the Central Records Unit, Room B-

099 of the Main Commerce Building, for copies of an updated list of

antidumping duty orders currently in effect.

This order is published pursuant to section 736 (a) of the Act (19

USC 1673e (a)) and 19 CFR 353.21.

Dated: October 20, 1997.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 97-28308 Filed 10-23-97; 8:45 am]

BILLING CODE 3510-DS-P