[Federal Register: May 7, 2004 (Volume 69, Number 89)]
[Notices]
[Page 25561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my04-37]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-812]
Notice of Amended 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.
DATES: Effective Date: May 7, 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, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230.
Amendment to Final Results
In accordance with section 735 of the Tariff Act of 1930, as
amended (the Act), on April 16, 2004, the Department published the
final determination in the less-than-fair-value investigation on
certain color televisions from Malaysia. See Notice of Final
Determination of Sales at Not Less Than Fair Value: Certain Color
Television Receivers from Malaysia (69 FR 20592). On April 16, 2004, we
received an allegation, timely filed pursuant to 19 CFR 351.224(c)(2),
from Funai Electric (Malaysia) Sdn. Bhd. (Funai Malaysia), the sole
respondent, that the Department made a ministerial error in its final
determination. We did not receive comments from the petitioners (i.e.,
Five Rivers Electronic Innovations, LLC, the International Brotherhood
of Electrical Workers, and the Industrial Division of the
Communications Workers of America). After analyzing Funai Malaysia's
submission, we have determined, in accordance with 19 CFR 351.224, that
a ministerial error was made in our final margin calculation for Funai
Malaysia. Specifically, we find that we failed to revise our surrogate
direct and indirect selling expenses for the domestic market to use the
company-specific data of Formosa Prosonic Industries, the same company
from which the profit ratio was derived.
For a detailed discussion of the ministerial error noted above, as
well as the Department's analysis, see the memorandum to Jeffrey May
from the team, dated April 28, 2004.
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the final determination in the less-than-fair-value investigation on
certain color television receivers from Malaysia. The margin for Funai
Malaysia remains de minimis. The revised weighted-average dumping
margin is as follows:
------------------------------------------------------------------------
Original Revised
Manufacturer/exporter margin margin
(percent) (percent)
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Funai Electric (Malaysia) Sdn. Bhd (Funai 0.75 0.47
Malaysia)....................................
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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 subheadings are provided
for convenience and customs purposes, the written description of the
scope of the merchandise under investigation is dispositive.
This investigation and notice are in accordance with sections
735(d) and 777(i) of the Act.
Dated: April 30, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-10482 Filed 5-6-04; 8:45 am]
BILLING CODE 3510-DS-P