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Final Determinations in the Antidumping Duty Investigations
On April 13, the Department of Commerce (the Department) announced its final determinations in the antidumping duty investigations on imports of certain color television receivers (CTVs) from Malaysia and the People's Republic of China (PRC). The Department found that Malaysian producers/exporters have sold CTVs in the U.S. market at not less than fair value, calculating a de minimis margin for the sole respondent company, Funai Electric. This terminates the investigation with respect to Malaysia. The Department found that PRC producers/exporters have sold CTVs in the U.S. market at less than fair value, with margins ranging from 4.35 percent to 78.45percent.
Next Step: The United States International Trade Commission (ITC) is scheduled to announce its final injury determination in the PRC investigation on or before May 27. If the ITC affirmatively determines that imports of CTVs are materially injuring, or threatening to materially injure, the domestic industry in the United States, then the Department will issue an antidumping duty order in early June 2004. If the ITC makes a negative injury determination, the investigation will be terminated and no order will be issued.
Background: On May 22, 2003, the Department announced its decision to initiate these investigations. On June 16, 2003, the ITC determined that there is a reasonable indication that industries in the United States are being materially injured by reasons of imports from Malaysia and the PRC of CTVs. On November 24, 2003, the Department announced its preliminary determinations in the antidumping duty investigations on imports of CTVs from Malaysia and the PRC, finding a de minimis margin for the sole Malaysian respondent company, Funai Electric, and margins ranging from 27.94 percent to 78.45 percent for the PRC producers/exporters.
Petitioners: The petition requesting these investigations was filed by Five Rivers Electronic Innovations, LLC (Greeneville, TN); the International Brotherhood of Electrical Workers (IBEW) (Washington, DC); and the Industrial Division of the Communications Workers of America (IUE-CWA) (Washington, DC). The petition is supported by labor unions whose employees work for Sanyo Manufacturing Corp. (Forrest City, AR); Sharp Electronics Corporation (Memphis, Tennessee); and Toshiba America Consumer Products, Inc. (Wayne, NJ).
Critical Circumstances: The Department preliminarily
determined that there is no reasonable basis to believe or suspect that
critical circumstances exist with respect to CTVs from all exporters in
Malaysia. However, the Department preliminarily determined that
there is a reasonable basis to believe or suspect that critical circumstances
exist with respect to CTVs from all exporters in the PRC.
Subsequently, the Department evaluated the comments from interested parties and reviewed and analyzed the data on the record. For the final determination, the Department has determined that critical circumstances do not exist with regard to imports of CTVs from the PRC. The case regarding Malaysia has been terminated due to the negative finding by virtue of the de minimis calculation.
Product Description: For purposes of these investigations, 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 cm, 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 these investigations 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, our written description of the scope of these investigations is dispositive.
Final Dumping Margins:
*This will take place only in the event of final affirmative determinations by both the Department and the ITC.
(Source: ITC Dataweb)
* Import data reported under HTS 8528.12.2800 have been reduced by 92.8 percent (2001), 91.4 percent (2002), and 92 percent (2003) to exclude non-subject merchandise (CTV combo units under 21 inches diagonal).
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