[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Page 20592-20594]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



International Trade Administration


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 

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 

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 
    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.


    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 

                   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 

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 
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]