[Federal Register: November 5, 2003 (Volume 68, Number 214)]
[Notices]
[Page 62560-62561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no03-36]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-862]
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.
SUPPLEMENTARY INFORMATION:
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.
Background
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
Notice).
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.
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\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).
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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:
------------------------------------------------------------------------
Weighted-
[chyph]Average
Manufacturer/Exporter [chyph]Percent
[chyph]Margin
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NGK..................................................... 105.80
All Others.............................................. 105.80
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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
violation.
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]