[Federal Register: May 19, 2004 (Volume 69, Number 97)]
[Page 28879-28880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



International Trade Administration


Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Certain Color Television Receivers From the People's Republic of 

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

EFFECTIVE DATE: May 19, 2004.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Elizabeth Eastwood, 
Office of AD/CVD Enforcement, Office 2, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-0656 or (202) 482-3874, respectively.

Amendment to Final Determination

    In accordance with sections 735(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (the Act), on April 16, 2004, the Department 
published its notice of final determination of sales at less than fair 
value (LTFV) in the investigation of certain color television receivers 
(CTVs) from the People's Republic of China (PRC). See Notice of Final 
Determination of Sales at Less Than Fair Value and Negative Final 
Determination of Critical Circumstances: Certain Color Television 
Receivers From the People's Republic of China, 69 FR 20594 (Apr. 16, 
2004). On April 19, 2004, we received allegations, timely filed 
pursuant to 19 CFR 351.224(c)(2), from Konka Group Company, Ltd. 
(Konka), TCL Holding Company Ltd. (TCL), and the petitioners in this 
investigation (i.e., Five Rivers Electronic Innovations, LLC, the 
International Brotherhood of Electrical Workers, and the Industrial 
Division of the Communications Workers of America) that the Department 
had made ministerial errors in its final determination. On April 26, 
2004, we received two submissions containing rebuttal comments from the 
petitioners concerning TCL's and Konka's ministerial error allegations. 
In our April 27 and 29, 2003, letters, we instructed the petitioners to 
refile one of their submissions (i.e., the submission concerning 
ministerial error allegations raised by TCL) to remove untimely filed 
new comments. On May 3, 2004, because the petitioners did not comply 
with the Department's requests, we rejected the submission entirely.
    After analyzing Konka's, TCL's, and the petitioners' submissions, 
we have determined, in accordance with 19 CFR 351.224(e), that we made 
the following general ministerial errors in our calculations performed 
for the final determination:
     We inadvertently included values associated with zero 
quantities in our calculation of the surrogate value for diodes;
     We inadvertently excluded certain costs from the 
denominators of the financial ratios calculated for each of the 
surrogate producers selected in this case;
     We treated packing expenses inconsistently in our 
calculations for the surrogate CTV producers and the PRC respondents;
     We inadvertently calculated the cost of plastic parts for 
Konka using plastic part consumption figures that did not correspond 
with the POI;
     We incorrectly tested the mark-ups charged by Konka's 
affiliated market-economy supplier by comparing this amount to the 
costs incurred by a different affiliated party;
     We inadvertently included freight costs for one of Konka's 
market economy inputs when the price charged was on a delivered basis;
     We inadvertently double-counted certain market-economy 
freight expenses for TCL; and
     We inadvertently excluded certain factor values when 
calculating the normal value for one of Xiamen Overseas Chinese 
Electronic Co., Ltd.'s (XOXECO's) products.
    Correcting these errors resulted in revised margins for Sichuan 
Changhong Electric Co., Ltd., Konka, TCL, and XOXECO. In addition, we 
have revised the calculation of the all others rate accordingly.
    For a detailed discussion of the ministerial errors noted above, as 

[[Page 28880]]

as the Department's analysis, see the May 13, 2004, memorandum to Louis 
Apple from the Team entitled ``Ministerial Error Allegations in the 
Final Determination of the Antidumping Duty Investigation on Certain 
Color Television Receivers from the People's Republic of China.''
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of sales at LTFV in the antidumping duty 
investigation of CTVs from the PRC. The revised dumping margins are as 

                                                  Original     Amended
                                                   final        final
             Manufacturer/exporter                 margin       margin
                                                 (percent)    (percent)
Haier Electric Appliances International Co....        21.49        22.94
Hisense Import and Export Co., Ltd............        21.49        22.94
Konka Group Company, Ltd......................        11.36         9.69
Philips Consumer Electronics Co. of Suzhou Ltd        21.49        22.94
Shenzhen Chaungwei-RGB Electronics Co., Ltd...        21.49        22.94
Sichuan Changhong Electric Co., Ltd...........        24.48        26.37
Starlight International Holdings, Ltd.........        21.49        22.94
Star Light Electronics Co., Ltd...............        21.49        22.94
Star Fair Electronics Co., Ltd................        21.49        22.94
Starlight Marketing Development Ltd...........        21.49        22.94
SVA Group Co., Ltd............................        21.49        22.94
TCL Holding Company Ltd.......................        22.36        21.25
Xiamen Overseas Chinese Electronic Co., Ltd...         4.35         5.22
PRC-wide......................................        78.45        78.45

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing Customs and Border Protection (CBP) to continue to suspend 
liquidation of all entries of CTVs from the PRC. The CBP shall 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 indicated in the 
chart above. These instructions suspending liquidation will remain in 
effect until further notice. This determination is issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: May 13, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-11325 Filed 5-18-04; 8:45 am]