Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices 42749

calculating NV, we valued PRC factors

of production as follows, in accordance

with section 773(c) of the Act:

To value cotton linters, nitric acid,

sulphuric acid, chlorine, caustic soda,

rosin, and ethyl alcohol, we used a per

kilogram value obtained from the

Foreign Trade Statistical Bulletin of

Indonesia: Imports (Indonesian Import

Statistics). We adjusted these values to

reflect inflation through the period of

review (POR). We included freight costs

incurred between the supplier and

CNIGC, valued using the Indonesian

freight rates.

For direct labor, we used the

unskilled labor rate published by the

U.S. Department of Labor, Bureau of

International Labor Affairs in its 1992

publication, Foreign Labor Trends:

Indonesia. This source shows the

number of hours worked per week. We

adjusted the labor rate to reflect

inflation through the POR using the

wholesale price index (WPI) published

by the International Monetary Fund.

For factory overhead, we used

information reported in a December 2,

1994 fax from the U.S. Foreign

Commercial Service of the American

Embassy in Jakarta, Indonesia. This data

was received for the less-than-fair-value

(LTFV) investigation of furfuryl alcohol

from the PRC, and provides an

estimated range of factory overhead in

Indonesia. This information was used in

the LTFV investigation of disposable

pocket lighters from the PRC. From this

information, we were able to determine

factory overhead as a percentage of

materials and labor. The surrogate

overhead rate included energy;

therefore, we did not include CNIGC’s

reported energy factors in the margin

calculation.

For selling, general and

administrative (SG&A) expenses and

profit, we used information obtained

from a September 1991 cable from the

U.S. Embassy in Jakarta. This cable was

received for the LTFV investigation of

certain carbon steel butt-weld pipe

fittings from the PRC, and provides

estimated ranges of SG&A expenses and

profit margins.

To value plastic bags used in packing,

we used the Indonesian Import

Statistics. To value steel drums, we used

a per kilogram value obtained from the

Monthly Statistics of the Foreign Trade

of India (Indian Import Statistics), as

these values were unavailable for

Indonesia. We adjusted these values to

reflect inflation through the POR. We

also adjusted these values to include

freight costs incurred between the

suppliers and the INC factory. Because

CNIGC did not report the distances

between its INC factory and the packing

materials suppliers, we relied on the

facts otherwise available. We used the

average distance between the INC

factory and the factory’s raw materials

suppliers.

To value truck freight, we used the

rates reported in a September 1991 cable

from the U.S. Embassy in Jakarta,

Indonesia. This cable was received for

the LTFV investigation of certain carbon

steel butt-weld pipe fittings from the

PRC. We adjusted the rates to reflect

inflation using the WPI published by the

IMF.

Currency Conversion

We made currency conversions

pursuant to section 773A(a) of the Act

and section 353.60 of the Department’s

regulations based on the rates certified

by the Federal Reserve Bank.

Preliminary Results of the Review

As a result of our review, we

preliminarily determine that the

following margin exists for the period

July 1, 1995 through June 30, 1996:

Manufacturer/exporter

Margin

(percent)

PRC-Wide Rate .............................. 48.91

Parties to the proceeding may request

disclosure within 5 days of the date of

publication of this notice. Any

interested party may request a hearing

within 10 days of publication. Any

hearing, if requested, will be held 44

days after the publication of this notice,

or the first workday thereafter.

Interested parties may submit case briefs

within 30 days of the date of publication

of this notice. Rebuttal briefs, which

must be limited to issues raised in the

case briefs, may be filed not later than

37 days after the date of publication. See

19 CFR 353.38(d). Parties who submit

argument in this proceeding are

requested to submit with the argument

(1) a statement of the issue and (2) a

brief summary of the argument. The

Department will publish a notice of

final results of this administrative

review, which will include the results of

its analysis of issues raised in any such

comments, not later than 120 days after

the date of publication of this notice.

The Department shall determine, and

the Customs Service shall assess,

antidumping duties on all appropriate

entries. Individual differences between

U.S. price and NV may vary from the

percentages stated above. The

Department will issue appraisement

instructions directly to the Customs

Service.

Furthermore, the following deposit

requirements will be effective upon

publication of the final results of this

administrative review for all shipments

of INC from the PRC entered, or

withdrawn from warehouse, for

consumption on or after the publication

date, as provided for by section

751(a)(1) of the Act: (1) for all PRC

exporters, the cash deposit rate will be

the PRC-wide rate established in the

final results of this review; and (2) the

cash deposit rates for non-PRC exporters

of subject merchandise from the PRC

will be the rates applicable to the PRC

supplier of that exporter. These deposit

requirements, when imposed, shall

remain in effect until publication of the

final results of the next administrative

review.

Notification of Interested Parties

This notice serves as a preliminary

reminder to importers of their

responsibility under section 353.26 of

the Department’s regulations to file a

certificate regarding the reimbursement

of antidumping duties prior to

liquidation of the relevant entries

during this review period. Failure to

comply with this requirement could

result in the Secretary’s presumption

that reimbursement of antidumping

duties occurred and the subsequent

assessment of double antidumping

duties.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Act (19 U.S.C. 1675(a)(1)) and

section 353.22 of the Department’s

regulations.

Dated: July 31, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–20938 Filed 8–7–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–588–813]

Light-Scattering Instruments and Parts

Thereof From Japan; Termination of

Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of termination of

antidumping duty administrative

review.

SUMMARY: The Department of Commerce

(the Department) is terminating the

administrative review of the

antidumping duty order on lightscattering instruments and parts thereof
42750 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices

(LSIs) from Japan. The review covers

one manufacturer/exporter of LSIs,

Otsuka Electronics Co., Ltd. (Otsuka),

and the period November 1, 1995

through October 31, 1996.

EFFECTIVE DATE: August 8, 1997.

FOR FURTHER INFORMATION CONTACT: G.

Leon McNeill or Maureen Flannery,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, NW., Washington

DC 20230; telephone (202) 482–4733.

SUPPLEMENTARY INFORMATION:

Background

On November 19, 1990, the

Department published in the Federal

Register (55 FR 48244) the antidumping

duty order on LSIs from Japan. On

November 4, 1996, we published in the

Federal Register (61 FR 56663) a notice

of opportunity to request an

administrative review of the

antidumping duty order on LSIs from

Japan covering the period November 1,

1995 through October 31, 1996.

In accordance with 19 CFR

353.22(a)(1), the petitioner, Wyatt

Technology Corporation, requested that

we conduct an administrative review of

Otsuka. We published a notice of

initiation of this antidumping duty

administrative review on January 17,

1997 (62 FR 2647).

Applicable Statute

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (the Act)

by the Uruguay Round Agreements Act

(URAA). In addition, unless otherwise

indicated, all citations to the

Department’s regulations are to the

regulations codified at 19 CFR part 353

(April 1, 1997).

Scope of the Review

This review covers imports of LSIs

and parts thereof from Japan. The

Department defines such merchandise

as LSIs and the parts thereof, specified

below, that have classical measurement

capabilities, whether or not also capable

of dynamic measurement. Classical

measurement (also known as static

measurement) capability usually means

the ability to measure absolutely (i.e.,

without reference to molecular

standards) the weight and size of

macromolecules and submicron

particles in solution, as well as certain

molecular interaction parameters, such

as the so-called second viral coefficient.

(An instrument that uses single-angle

instead of multi-angle measurement can

only measure molecular weight and the

second viral coefficient.) Dynamic

measurement (also known as quasielastic measurement) capability refers to

the ability to measure the diffusion

coefficient of molecules or particles in

suspension and deduce therefrom

features of their size and size

distribution. LSIs subject to this review

employ laser light and may use either a

single-angle or multi-angle technique.

The following parts are included in

the scope of this administrative review

when they are manufactured according

to specifications and operational

requirements for use only in an LSI as

defined in the preceding paragraph:

scanning photomultiplier assemblies,

immersion baths (to provide

temperature stability and/or refractive

index matching), sample-containing

structures, electronic signal-processing

boards, molecular characterization

software, preamplifier/discriminator

circuitry, and optical benches. LSIs

subject to this review may be sold

inclusive or exclusive of accessories

such as personal computers, cathode ray

tube displays, software, or printers. LSIs

are currently classifiable under

Harmonized Tariff Schedule (HTS)

subheading 9027.30.40. LSI parts are

currently classifiable under HTS

subheading 9027.90.40. HTS

subheadings are provided for

convenience and U.S. Customs Service

purposes. The written product

description remains dispositive.

Different items with the same name as

subject parts may enter under

subheading 9027.90.40. To avoid the

unintended suspension of liquidation of

non-subject parts, those items entered

under subheading 9027.90.40 and

generally known as scanning

photomultiplier assemblies, immersion

baths, sample-containing structures,

electronic signal-processing boards,

molecular characterization software,

preamplifier/discriminator circuitry,

and optical benches must be

accompanied by an importer’s

declaration to the Customs Service

stating that they are not manufactured

for use in a subject LSI.

Termination of Administrative Review

Otsuka responded that it had no

shipments of the subject merchandise

during the period of review. We

confirmed this information with the

United States Customs Service.

Therefore, in accordance with our

practice, we are terminating this

administrative review. See, e.g.,

Calcium Hypochlorite from Japan:

Termination of Antidumping Duty

Administrative Review, 62 FR 18086

(April 14, 1997). The cash deposit rate

for this firm will continue to be 129.71

percent, the rate established in the most

recently completed administrative

review. See Light Scattering Instruments

and Parts Thereof from Japan: Final

Results of Antidumping Duty

Administrative Review, 60 FR 50551

(September 29, 1995).

This termination of administrative

review and notice are in accordance

with section 751(a)(1) of the Act (19

U.S.C. 1675(a)(1)).

Dated: July 31, 1997.

Roland L. MacDonald,

Acting Deputy Assistant Secretary,

Enforcement Group III.

[FR Doc. 97–21010 Filed 8–7–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–588–823]

Professional Electric Cutting Tools

From Japan; Preliminary Results of

Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of preliminary results of

antidumping duty administrative

review.

SUMMARY: In response to a request by

Black & Decker Inc., the petitioners in

this case, the Department of Commerce

(the Department) is conducting an

administrative review of the

antidumping duty order on professional

electric cutting tools (PECTs) from

Japan. The period of review (‘‘POR’’)

covers shipments of the subject

merchandise to the United States during

the period July 1, 1995 through June 30,

1996.

We have preliminarily determined

that respondents sold subject

merchandise at less than normal value

(NV) during the POR. If these

preliminary results are adopted in our

final results of this administrative

review, we will instruct U.S. Customs to

assess antidumping duties equal to the

difference between the constructed

export price (‘‘CEP’’) and the NV.

We invite interested parties to

comment on these preliminary results.

Parties who submit argument in this

proceeding should also submit with the

argument (1) a statement of the issue,

and (2) a brief summary of the

argument.

EFFECTIVE DATE: August 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Stephen Jacques, AD/CVD Enforcement