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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-806]

Amended Final Results of Antidumping Duty Administrative Review:

Certain Small Business Telephone Systems and Subassemblies Thereof From

Taiwan

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Amended final results of antidumping duty administrative

review.

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SUMMARY: On February 25, 1998, the United States Court of International

Trade affirmed the Department of Commerce's remand determination

results affecting the final assessment rates for Taiwan International

Standard Electronics, Ltd. and Tecom Co., Ltd. in the first

administrative review of the antidumping duty order on certain small

business telephone systems and subassemblies from Taiwan. No parties

have appealed this decision. The review covers the period August 3,

1989 through November 30, 1990. As there is now a final and conclusive

court decision in this action, we are amending our final results of

review and we will instruct the Customs Service to liquidate all

appropriate entries.

EFFECTIVE DATE: May 7, 1999.

FOR FURTHER INFORMATION CONTACT: Sanjay Mullick or Kris Campbell at

(202) 482-0588 or (202) 482-3813, respectively, Group I, Office of AD/

CVD Enforcement 2, Import Administration, International Trade

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

Constitution Avenue, NW., Washington, DC 20230.

The Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions of the Tariff Act of 1930, as amended (the

Act), in effect as of December 31, 1994. In addition, unless otherwise

indicated, all citations to Department of Commerce (Department)

regulations refer to the regulations

[[Page 24577]]

codified at 19 CFR Part 353 (April 1, 1997).

SUPPLEMENTARY INFORMATION:

Case History

On July 1, 1992, the Department published its final results in the

administrative review of the antidumping duty order on certain small

business telephone systems and subassemblies (SBTs) from Taiwan,

covering the period August 3, 1989 to November 30, 1990.\1\ The review

covered seven manufacturers/exporters of the subject merchandise,

including Taiwan International Standard Electronics, Ltd. (TAISEL) and

Tecom Co., Ltd. (Tecom). The antidumping duty rate assigned to TAISEL

as Best Information Available (BIA) was 129.73 percent and the

antidumping duty rate calculated for Tecom was 18.10 percent. TAISEL

and Tecom filed motions with the Court of International Trade (CIT)

challenging the final results.

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\1\ Certain Small Business Telephone Systems and Subassemblies

Thereof From Taiwan; Final Results of Administrative Review, 57 FR

29283 (July 1, 1992).

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On April 4, 1997, the CIT issued remands concerning this segment of

the proceeding.\2\ With respect to TAISEL, the CIT directed the

Department to (1) reconsider TAISEL's response in order to determine

whether the Department could exclude returned entries of SBTs covered

by canceled sales from assessment of antidumping duties; and (2) assign

to TAISEL a BIA rate consistent with the Federal Circuit's decision in

Allied-Signal Aerospace Co. v. United States (Allied-Signal).\3\ With

respect to Tecom, the CIT directed the Department to (1) use the data

contained on a computer tape Tecom submitted on July 29, 1991; (2)

reconsider Tecom's claim for a level-of-trade adjustment; and (3)

reconsider Tecom's claims for circumstances-of-sale adjustments for

home market warranty expenses, warehousing expenses, technical service

expenses and bad debt expenses, as well as its claim for an adjustment

to FMV for the provision of free gifts.

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\2\ Taiwan International Standard Electronics, Ltd. v. United

States, 963 F. Supp. 1202 (CIT 1997); Tecom Co., Ltd. v. United

States, Slip Op. 97-42 (CIT April 4, 1997).

\3\ 996 F.2d 1185 (Fed. Cir. 1993).

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On July 3, 1997, the Department filed its remand redetermination

with the CIT.\4\ With respect to TAISEL, the Department re-examined the

record and found that TAISEL provided supporting documentation to show

that certain entries were returned as a result of canceled sales. Also,

the Department assigned TAISEL a BIA margin based on the margin

recalculated for Tecom in the remand redetermination, consistent with

the ruling in allied-Signal. With respect to Tecom, the Department used

the data contained in the July 29, 1991 computer tape and granted Tecom

a level-of-trade adjustment. The Department continued to disallow the

circumstance-of-sale adjustments for home market warranty expenses,

warehousing expenses, technical service expenses and bad debt expenses

as well as its claim for an adjustment to FMV for the provision of free

gifts after reconsidering Tecom's claims for these adjustments, because

it found no new evidence to support Tecom's claims. The Department

determined TAISEL and Tecom's revised margins pursuant to the above

adjustments.

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\4\ Small Business Telephone Systems and Subassemblies Thereof

from Taiwan; Final Results of Redetermination Pursuant to Court

Remand, Court Nos. 92-08-00532 and 92-08-00528 (July 3, 1997).

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On February 25, 1998, the CIT affirmed the Department's final

remand results.\5\ On April 16, 1998 we published a notice of court

decision.\6\ As there is now a final and conclusive court decision in

this action, we are amending our final results of review in this matter

and we will instruct the U.S. Customs Service to liquidate entries

subject to this review in accordance with the remand results.

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\5\ Tawain International Standard Electronics Ltd. v. United

States, Slip Op. 98-18 (CIT February 25, 1998); Tecom Co., Ltd. v.

United States, Slip Op. 98-19 (CIT February 25, 1998).

\6\ Certain Small Business Telephone Systems and Subassemblies

Thereof From Taiwan; Notice of Court Decision, 63 FR 18883 (April

16, 1998).

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Amendment to Final Results of Review

Pursuant to Section 516A(e) of the Act, we are amending the final

results of administrative review of the antidumping duty order on

certain small business telephone sytems and subassemblies thereof from

Taiwan for the period August 3, 1989 through November 30, 1990. As a

result of the remand determination, we have assigned TAISEL a BIA

margin based on the margin recalculated for Tecom. The final weighted-

average margins for TAISEL and Tecom are as follows:

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Weighted

average

Manufacturer/Exporter margin

percentage

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TAISEL..................................................... 8.11

Tecom...................................................... 8.11

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The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. To determine the

amount of antidumping duties for TAISEl, we will instruct the Customs

Service to assess entry-specific antidumping duty amounts, which we

calculated based on an ad valorem rate of 8.11 percent, applied to

those sales determined to have been entered into the Untied States and

not returned to Taiwan. For Tecom, we calculated importer-specific ad

valorem duty assessment rate for the merchandise based on the ratio of

the total amount of antidumping duties calculated for the importer-

specific sales examined during the POR to the total importer-specific

entry value of sales examined during the POR. The Department will issue

appraisement instruction to the Customs Service after publication of

this amended final results of review.

This notice is published in accordance with section 751(a)(1) of

the Act.

Dated: May 3, 1999.

Robert S. LaRussa,

Assistant Secretary, for Import Administration.

[FR Doc. 99-11577 Filed 5-6-99; 8:45 am]

BILLING CODE 3510-DS-M