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[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Notices]
[Page 11955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5300]

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DEPARTMENT OF COMMERCE

International Trade Administration
[A-583-009]

Color Television Receivers, Except for Video Monitors, From 
Taiwan; Amended Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of amendment to final results of antidumping duty 
administrative review.

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SUMMARY: On October 21, 1994, in the case of Zenith Electronics 
Corporation v. United States, Slip-Op 94-170 (Zenith), the United 
States Court of International Trade (the Court) affirmed the Department 
of Commerce's (the Department's) third results of redetermination on 
remand and prior remand determinations of the final results of the 
first administrative review of the antidumping duty order on color 
television receivers, except for video monitors, from Taiwan. In 
accordance with the Court's determination, we are hereby amending the 
final results of administrative review with respect to one company, 
Capetronic (BSR) Ltd. (Capetronic), for the period October 19, 1983, 
through March 31, 1985.

EFFECTIVE DATE: March 3, 1995.

FOR FURTHER INFORMATION CONTACT: Karin Price or Maureen Flannery, 
Office of Antidumping Compliance, 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 December 29, 1986, the Department published in the Federal 
Register (51 FR 46895) the final results of the first administrative 
review of the antidumping duty order on color television receivers, 
except for video monitors, from Taiwan, covering the period October 19, 
1983, through March 31, 1985.
    Subsequent to the Department's final results, Zenith Electronics 
Corporation (Zenith), a domestic producer, alleged before the Court 
that the Department erred in calculating Capetronic's constructed 
value. The Court agreed and remanded the issue to the Department to 
recalculate Capetronic's margin using certain production data on the 
record. As a result of the recalculation, Capetronic's margin increased 
from the de minimis margin of 0.46 percent to 1.36 percent. The 
decision became final on October 21, 1994, when the Court issued its 
final decision on this administrative review in Zenith.

Amended Final Results of Review

    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the United States Court of Appeals for the Federal 
Circuit (Federal Circuit) held that the Department must publish notice 
of a decision of the Court or Federal Circuit which is not ``in 
harmony'' with the Department's determination. The Department published 
that notice with respect to the Court's October 21, 1994, decision in 
the Federal Register on January 17, 1995 (60 FR 3391). In Timken, the 
Federal Circuit also held that the Department must suspend liquidation 
until there is a ``conclusive'' decision in the action. An appeal was 
filed in this case. However, because no party has appealed an issue 
which would affect Capetronic, the Department is now publishing 
Capetronic's new margin in accordance with the Court's final and 
conclusive decision.
    Based on our revised calculations, we have amended our final 
results of review for Capetronic for the period October 19, 1983, 
through March 31, 1985. The amended weighted-average margin is 1.36 
percent. The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. Individual 
differences between U.S. price and foreign market value may vary from 
the percentage stated above. The Department will issue appraisement 
instructions directly to the Customs Service.
    This notice is in accordance with section 751(a)(1) of the Act (19 
U.S.C. 1675(a)(1)) and Sec. 353.22 of the Department's regulations.

    Dated: February 24, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-5300 Filed 3-2-95; 8:45 am]
BILLING CODE 3510-DS-P
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