[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Notices]
[Pages 22561-22563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11258]



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DEPARTMENT OF COMMERCE
[A-588-807]


Industrial Belts and Components and Parts Thereof, Whether Cured 
or Uncured, From Japan; Partial Termination and Preliminary Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of partial termination and preliminary results of 
antidumping duty administrative review.

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SUMMARY: In response to requests from Mitsuboshi Belting Limited (MBL) 
and Nakamichi America Corporation (Nakamichi), the respondents, the 
Department of Commerce (the Department) initiated an administrative 
review of the antidumping duty order on industrial belts and components 
and parts thereof, whether cured or uncured (hereinafter referred to as 
industrial belts), from Japan. Subsequently, Nakamichi made a timely 
request to withdraw its request for an administrative review, and since 
there were no other requests for review of Nakamichi's exports to the 
United States, the Department is terminating its 1993/94 administrative 
review of Nakamichi. Therefore, this review covers one manufacturer/
exporter, MBL, during the period June 1, 1993, through May 31, 1994.
    As a result of this review, the Department has preliminarily 
determined to assess antidumping duties for MBL based upon the best 
information otherwise available (BIA). Interested parties are invited 
to comment on the preliminary results of this administrative review.

EFFECTIVE DATE: May 8, 1995.

FOR FURTHER INFORMATION CONTACT: Charles Vannatta in the Office of 
Antidumping Compliance; Import Administration; International Trade 
Administration; 14th & Constitution Avenue, N.W.; U.S. Department of 
Commerce; Washington, D.C. 20230; telephone number (202) 482-5253.

SUPPLEMENTARY INFORMATION: 

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute and to the 
Department's regulations are references [[Page 22562]] to the 
provisions as they existed on December 31, 1994.

Background

    On June 14, 1989, the Department published in the Federal Register 
(54 FR 25314) the antidumping order on industrial belts from Japan. On 
June 16, 1994, and June 30, 1994, Nakamichi and MBL, respectively, 
requested that the Department conduct an administrative review of the 
period June 1, 1993, through May 31, 1994. The Department published a 
notice of initiation of the antidumping administrative review on July 
15, 1994 (59 FR 36160). The Department is now conducting this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Tariff Act).
    On September 2, 1994, the Department received a timely request from 
Nakamichi to withdraw its request for an administrative review. There 
were no other requests from interested parties for an administrative 
review of Nakamichi. Therefore, with respect to Nakamichi, the 
Department is terminating this administrative review, in part, in 
accordance with 19 CFR 353.22(a)(5).
    On July 19, 1994, the Department presented its questionnaire to the 
counsel for MBL requesting information concerning MBL's U.S. and home 
market sales made during the period of review. MBL did not respond to 
the Department's request for information.

Scope of the Review

    Imports covered by the review are shipments of industrial belts and 
components and parts thereof, whether cured or uncured, from Japan. 
These products include V-belts, synchronous belts, and other industrial 
belts, in part or wholly of rubber or plastic, and containing textile 
fiber (including glass fiber) or steel wire, cord or strand, and 
whether in endless (i.e., closed loops) belts, or in belting in lengths 
or links. This review excludes conveyor belts and automotive belts, as 
well as front engine drive belts found on equipment powered by internal 
combustion engines, including trucks, tractors, buses, and lift trucks.
    During the period of review, the merchandise was classifiable under 
Harmonized Tariff Schedule (HTS) subheadings 3926.90.55, 3926.90.56, 
3926.90.57, 3926.90.59, 3926.90.60, 4010.10.10, 4010.10.50, 4010.91.11, 
4010.91.15, 4010.91.19, 4010.91.50, 4010.99.11, 4010.99.15, 4010.99.19, 
4010.99.50, 5910.00.10, 5910.00.90, and 7326.20.00. The HTS subheadings 
are provided for convenience and Customs purposes. The written 
description remains dispositive.
    For these preliminary results, this review covers sales and entries 
made during the period of review from one Japanese manufacturer and 
exporter of industrial belts to the United States, Mitsuboshi Belting 
Limited.

Best Information Available

    In accordance with section 776(c) of the Tariff Act, the Department 
has preliminarily determined that the use of BIA is appropriate for 
MBL. In determining what to use as BIA, 19 CFR 353.37(b) provides that 
the Department may take into account whether a party fails to provide 
requested information. When a company fails to provide the information 
requested in a timely manner, or otherwise significantly impedes the 
Department's review, the Department considers that company to be 
uncooperative, and, in accordance with its two-tier BIA methodology, 
generally assigns to that company the higher of (1) the highest rate 
for any company for the same class or kind of merchandise from any 
previous review or the original investigation, or (2) the highest rate 
for a responding firm with shipments of the same class or kind of 
merchandise during the current review period (Antifriction Bearings 
(Other Than Tapered Roller Bearings) and Parts Thereof From the Federal 
Republic of Germany, et al; Final Results of Antidumping Duty 
Administrative Review, 56 FR 31692, 31704-05 (July 11, 1991); Allied-
Signal Aerospace Co. v. United States, 996 F.2d 1185 (Fed. Cir. 1993)).
    Because MBL did not respond to the Department's request for 
information, the Department has used the rate from the less-than-fair-
value investigation to establish MBL's margin in accordance with the 
first tier of the Department's two-tier BIA methodology. This rate is 
93.16 percent.

Preliminary Results of Review

    The Department preliminarily determines that MBL's margin for this 
administrative review is 93.16 percent.
    Parties to the proceeding may request disclosure and/or an 
administrative protective order within five days of the date of 
publication of this notice. Interested parties may also request a 
public hearing within 10 days of the date of publication of this 
notice. Any hearing, if requested, will be held 44 days after the date 
of publication, or the first workday thereafter. Case briefs and/or 
written comments may be submitted to the Department not later than 30 
days after the date of publication. Rebuttal briefs and rebuttals to 
written comments, limited to issues raised in those comments, may be 
filed with the Department not later than 37 days after the date of 
publication. The Department will include in its publication of the 
final results of administrative review an analysis of the issues raised 
in any written comments or at the hearing.
    Upon completion of the final results of this administrative review, 
the Department will determine, and the U.S. Customs Service will 
assess, antidumping duties on all appropriate entries. Individual 
differences between the United States price and the foreign market 
value may vary from the percentage stated above. The Department will 
issue appraisement instructions directly to the U.S. Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon completion of the final results of this administrative review for 
all shipments of industrial belts from Japan, entered for consumption, 
or withdrawn from warehouse for consumption, on or after its 
publication date, as provided by section 751(a)(1) of the Tariff Act:
    (1) The cash deposit rate for MBL will be that established in the 
final results of this administrative review;
    (2) For subject merchandise exported by manufacturers or exporters 
not covered in this review but covered in previous reviews or in the 
original less-than-fair-value investigation, a cash deposit based upon 
the most recently published rate in a final result or determination for 
which the manufacturer or exporter received a company-specific rate;
    (3) For subject merchandise exported by an exporter not covered in 
this review, a prior review, or the original investigation, but where 
the manufacturer of the merchandise has been covered by this or a prior 
final result or determination, a cash deposit based upon the most 
recently published company-specific rate for that manufacturer; and
    (4) For merchandise exported by all other manufacturers and 
exporters who are not covered by this or any previous administrative 
review conducted by the Department, the cash deposit rate will be the 
``all others'' rate established in the less-than-fair-value 
investigation, 93.16 percent.
    These cash deposit requirements, when imposed, shall remain in 
effect until the publication of the final results of the next 
administrative review.
    This notice also serves as a preliminary reminder to all importers 
of their responsibility under 19 CFR 353.26 to file a certificate 
regarding the reimbursement of antidumping duties [[Page 22563]] prior 
to liquidation of the relevant entries during the 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 Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 
353.22(c)(5).

    Dated: April 19, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-11258 Filed 5-5-95; 8:45 am]
BILLING CODE 3510-DS-M