[Federal Register: November 5, 2003 (Volume 68, Number 214)]
[Page 62560-62561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



International Trade Administration


Notice of Final Determination of Sales at Less Than Fair Value: 
High and Ultra-High Voltage Ceramic Station Post Insulators from Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 5, 2003.

FOR FURTHER INFORMATION CONTACT: Timothy Finn or Michele Mire at (202) 
482-0065 or (202) 482-4711, respectively, Office of AD/CVD Enforcement 
IV, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.


Final Determination

    We determine that high and ultra-high voltage ceramic station post 
insulators (HVSPs) from Japan are being, or are likely to be, sold in 
the United States at less than fair value (LFTV), as provided in 
section 735 of the Tariff Act of 1930, as amended (the Act). The 
estimated margins are shown in the ``Suspension of Liquidation'' 
section of this notice.


    On June 6, 2003, the Department of Commerce (the Department) issued 
its preliminary determination in the above-captioned antidumping 
investigation. See Notice of Preliminary Determination of Sales at Less 
Than Fair Value: High and Ultra-High Voltage Ceramic Station Post 
Insulators from Japan, 68 FR 35627 (June 16, 2003) (Preliminary 
Determination). See also Notice of Initiation of Antidumping Duty 
Investigation: High and Ultra-High Voltage Ceramic Station Post 
Insulators from Japan, 68 FR 4169 (January 28, 2003) (Initiation 
    Since the preliminary determination, the following events have 
occurred. We gave interested parties an opportunity to comment on the 
preliminary determination. No case or rebuttal briefs were submitted. 
On June 20, 2003, NGK Insulators, Ltd. (NGK), the respondent, requested 
that the Department postpone the final determination the full sixty 
days as permitted by the statute and the Department's regulations. On 
June 23, 2003, the Department postponed the final determination until 
no later than 135 days after the publication of the preliminary 
determination in the Federal Register. See 68 FR 39897 (July 3, 2003).

Scope of Investigation

    The scope of this investigation covers station post insulators 
manufactured of porcelain, of standard strength, high strength, or 
extra-high strength,\1\ solid

[[Page 62561]]

core or cavity core, single unit or stacked unit, assembled or 
unassembled, and with or without hardware attached, rated at 115 
kilovolts (kV) voltage class and above (550 kV Basic Impulse Insulation 
Level and above), including, but not limited to, those manufactured to 
meet the following American National Standards Institute, Inc. standard 
class specifications: T.R.- 286, T.R.-287, T.R.-288, T.R.-289, T.R.-
291, T.R.-295, T.R.-304, T.R.- 308, T.R.-312, T.R.-316, T.R.-362 and 
T.R.-391. Subject merchandise is classifiable under subheading 
8546.20.0060 of the Harmonized Tariff Schedule of the United States 
(HTSUS) Annotated. While the HTSUS subheading is provided for 
convenience and customs purposes, the written description above remains 
dispositive as to the scope of the investigation.

    \1\ Station post insulators are manufactured in various styles 
and sizes, and are classified primarily according to the voltage 
they are designed to withstand. Under the governing industry 
standard issued by the Institute of Electrical and Electronic 
Engineers, the voltage spectrum is divided into three broad classes: 
``medium'' voltage (i.e., less than or equal to 69 kilovolts), 
``high'' voltage (i.e., from 115 to 230 kilovolts), and ``extra-
high'' or ``ultra-high'' voltage (i.e., greater than 230 kilovolts).

Analysis of Comments Received

    As noted above, there were no case or rebuttal briefs submitted in 
this investigation, nor was a hearing held in this investigation.

Use of Facts Available

    In the Preliminary Determination, the Department applied total 
adverse facts available to the mandatory respondent, NGK, because NGK 
chose not to participate in the investigation. See Preliminary 
Determination at 35628. Specifically, the Department assigned NGK a 
dumping margin of 105.80 percent, the estimated dumping margin rate in 
the petition. See Initiation Notice at 4171. Also, the Department used 
the petition margin of 105.80 percent as the ``all others'' rate. See 
Preliminary Determination at 35629. Interested parties did not comment 
on the Department's use of adverse facts available in the Preliminary 
Determination, nor did they comment on the Department's choice of facts 
available. For this final determination, we are continuing to apply 
total adverse facts available to NGK.

Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we are instructing the 
U.S. Bureau of Customs and Border Protection (BCBP) to continue to 
suspend liquidation of all entries of high and ultra-high voltage 
ceramic station post insulators from Japan that are entered, or 
withdrawn from warehouse, for consumption on or after June 16, 2003, 
the date of publication of the Preliminary Determination. BCBP shall 
continue to require a cash deposit or the posting of a bond equal to 
the estimated amount by which the normal value exceeds the U.S. price 
as shown below. The suspension of liquidation instructions will remain 
in effect until further notice.
    We determine that the following percentage margins exist for the 
period October 1, 2001 through September 30, 2002:

                  Manufacturer/Exporter                   [chyph]Percent
NGK.....................................................          105.80
All Others..............................................          105.80

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we have notified the 
ITC of our determination. As our final determination is affirmative, 
the ITC will determine, within 45 days, whether these imports are 
causing material injury, or threat of material injury, to an industry 
in the United States. If the ITC determines that material injury, or 
threat of injury does not exist, the proceeding will be terminated and 
all securities posted will be refunded or cancelled. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing BCBP officials to assess antidumping 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely 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 
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: October 29, 2003.
James J. Jochum,
Assistant Secretaryfor Import Administration.
[FR Doc. 03-27861 Filed 11-4-03; 8:45 am]