[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Notices]
[Page 20592-20594]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap04-36]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-812]
Notice of Final Determination of Sales at Not Less Than Fair
Value: Certain Color Television Receivers From Malaysia
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 28, 2003, the Department of Commerce published its
preliminary determination of sales at not less than fair value of
certain color television receivers from Malaysia. The period of
investigation is April 1, 2002, through March 31, 2003.
Based on our analysis of the comments received, we have made
changes in the margin calculations. Therefore, the final determination
differs from the preliminary determination. The final weighted-average
dumping margins are listed below in the section entitled ``Final
Determination Margins.''
EFFECTIVE DATE: April 16, 2004.
FOR FURTHER INFORMATION CONTACT: Mike Strollo or Gregory Kalbaugh at
(202) 482-0629 and (202) 482-3693, respectively, AD/CVD Enforcement,
Office 2, Import Administration,
[[Page 20593]]
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230.
Final Determination
We determine that certain color television receivers (CTVs) from
Malaysia are not being sold, or are not likely to be sold, in the
United States at less than fair value (LTFV), as provided in section
735 of the Tariff Act of 1930, as amended (the Act). The estimated
margins of sales at not LTFV are shown in the ``Final Determination
Margins'' section of this notice.
Case History
The preliminary determination in this investigation was issued on
November 21, 2003. See Notice of Negative Preliminary Determination of
Sales at Less Than Fair Value, Postponement of Final Determination, and
Negative Preliminary Determination of Critical Circumstances: Certain
Color Televisions From Malaysia, 68 FR 66810 (Nov. 28, 2003)
(Preliminary Determination).
Since the preliminary determination, the following events have
occurred. In December 2003, we conducted verification of the
questionnaire responses of the sole respondent in this case, Funai
Electric (Malaysia) Sdn. Bhd (Funai Malaysia).
In February 2004, we received case and rebuttal briefs from the
petitioners (Five Rivers Electronic Innovations, LLC, the International
Brotherhood of Electrical Workers, and the Industrial Division of the
Communications Workers of America) and Funai Malaysia. The Department
held a public hearing on March 11, 2003, at the request of the
petitioners.
Scope of the Investigation
For purposes of this investigation, the term ``certain color
television receivers'' includes complete and incomplete direct-view or
projection-type cathode-ray tube color television receivers, with a
video display diagonal exceeding 52 centimeters, whether or not
combined with video recording or reproducing apparatus, which are
capable of receiving a broadcast television signal and producing a
video image. Specifically excluded from this investigation are computer
monitors or other video display devices that are not capable of
receiving a broadcast television signal.
The color television receivers subject to this investigation are
currently classifiable under subheadings 8528.12.2800, 8528.12.3250,
8528.12.3290, 8528.12.4000, 8528.12.5600, 8528.12.3600, 8528.12.4400,
8528.12.4800, and 8528.12.5200 of the Harmonized Tariff Schedule of the
United States (``HTSUS''). Although the HTSUS subheading is provided
for convenience and customs purposes, the written description of the
scope of the merchandise under investigation is dispositive.
Scope Comments
Prior to the preliminary determination in this case, interested
parties in this investigation, Algert Co., Inc., and Panasonic AVC
Networks Kuala Lumpur Malaysia Sdn. Bhd (collectively, Algert/
Panasonic), requested that Panasonic multi-system, dual/auto voltage
CTVs be excluded from the scope of this investigation because: (1)
These CTVs are not produced domestically; and (2) they do not compete
in any meaningful way with CTVs that are produced in the United States.
We preliminarily found that this product fell within the scope of this
investigation. Because we have received no further scope comments in
this proceeding, we are making a final determination that these
products fall within the scope of this investigation.
Class or Kind
As part of its scope request, Algert/Panasonic argued that the
Panasonic multi-system, dual/auto voltage CTVs fall into a separate
class or kind of merchandise from other color televisions. We
preliminarily found that the CTVs in question did not constitute a
separate class or kind of merchandise. Because we have received no
further scope comments in this proceeding, we are making a final
determination that these products do not constitute a separate class or
kind of merchandise.
Period of Investigation
The period of investigation (POI) is April 1, 2002, through March
31, 2003. This period corresponds to the four most recent fiscal
quarters prior to the month of the filing of the petition (i.e., May
2003).
Analysis of Comments Received
All issues raised in the case briefs by parties to this proceeding
and to which we have responded are listed in the Appendix to this
notice and addressed in the Decision Memorandum, which is adopted by
this notice. Parties can find a complete discussion of the issues
raised in this investigation and the corresponding recommendations in
this public memorandum, which is on file in the Central Records Unit,
room B-099 of the main Commerce Building. In addition, a complete
version of the Decision Memorandum can be accessed directly on the Web
at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic
version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Determination
Based on our analysis of comments received, we have made certain
changes to the margin calculations. For a discussion of these changes,
see the ``Margin Calculations'' section of the Decision Memorandum.
Critical Circumstances
The petition contained a timely allegation that there is a
reasonable basis to believe or suspect that critical circumstances
exist with respect to imports of subject merchandise. Section 735(a)(3)
of the Act provides that the Department will determine if: (A)(i) there
is a history of dumping and material injury by reason of dumped imports
in the United States or elsewhere of the subject merchandise, or (ii)
the person by whom, or for whose account, the merchandise was imported
knew or should have known that the exporter was selling the subject
merchandise at less than its fair value and that there would be
material injury by reason of such sales, and (B) there have been
massive imports of the subject merchandise over a relatively short
period.
In this case, our final determination is negative. Accordingly, a
critical circumstances determination is irrelevant because there is no
possibility of retroactive suspension of liquidation.
Verification
As provided in section 782(i) of the Act, we verified the
information submitted by the respondent for use in our final
determination. We used standard verification procedures including
examination of relevant accounting records, production records, and
original source documents provided by the respondent.
Final Determination Margins
We determine that the following percentage weighted-average margins
exist:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Funai Electric (Malaysia) Sdn. Bhd (Funai Malaysia)....... 0.75
------------------------------------------------------------------------
[[Page 20594]]
Suspension of Liquidation
Because the estimated weighted-average dumping margin for the
investigated company is 0.75 percent (de minimis), we are not directing
the Customs Service to suspend liquidation of entries of CTVs from
Malaysia.
ITC Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination.
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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 violation.
We are issuing and publishing this determination and notice in
accordance with sections section 735(d) and 777(i) of the Act.
Dated: April 12, 2004.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in the Decision Memorandum
1. Unreported Sales and Cost Data
2. Returns of Subject Merchandise
3. Date of Sale/Date of Shipment
4. U.S. Billing Adjustments
5. Unreported Sales Discounts
6. U.S. Rebates
7. U.S. Inland Insurance Expenses
8. U.S. Other Transportation Expenses
9. U.S. Customs Duties
10. U.S. Indirect Warranty Expenses/U.S. International Freight
Expense
11. Date of Payment/Letter of Credit Sales
12. Calculation of Imputed Credit Expenses
13. U.S. Indirect Selling Expenses
14. Expenses Associated with Sample Sales
15. Reclassification of Foreign Indirect Selling Expenses as G&A
16. Treatment of Indirect Selling Expenses in Malaysia and Japan
17. Home Market Credit Expenses and Commission Offset
18. Clerical Errors in the Preliminary Determination
19. Affiliated Manufacturer of A Major Input
20. Major Input Transfer Price
21. Raw Materials Cost
22. Parent Company General and Administrative Expense Allocation
23. Negative General and Administrative Departmental Expenses
24. Research and Development Costs
25. Short-Term Income Offset to Financial Expenses
26. CV Profit
[FR Doc. 04-8692 Filed 4-15-04; 8:45 am]
BILLING CODE 3510-DS-P