SETTLEMENT AGREEMENT AND LIQUIDATION INSTRUCTIONS FOR TVS FROM JAPAN (A-588-015)

MESSAGE NO: 1207115 DATE: 07 26 1991 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 588 - 015 - - - - - - - - - - PERIOD COVERED: 09 04 1970 TO 02 28 1991 LIQ SUSPENSION DATE: TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT DIRECTORS, AREA AND PORT DIRECTORS FROM: DIRECTOR, IMPORT SPECIALIST DIVISION RE: SETTLEMENT AGREEMENT AND LIQUIDATION INSTRUCTIONS FOR TVS FROM JAPAN (A-588-015) 1. THIS SERIES OF INSTRUCTIONS SUPERSEDES PREVIOUS INSTRUCTIONS ON JAPANESE TVS ISSUED BY THE DEPARTMENT OF COMMERCE. LIQUIDATION INFORMATION 2. THE FOLLOWING IMPORTERS WERE PARTIES TO A SETTLEMENT ON JAPANESE TVS. THEREFORE, ANY SHIPMENT OF JAPANESE TVS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR BEFORE MARCH 31, 1979, ON WHICH ANY OF THESE FIRMS APPEAR EITHER AS THE IMPORTER OF RECORD OR THE ULTIMATE CONSIGNEE, SHOULD BE LIQUIDATED WITHOUT REGARD TO DUMPING DUTIES. HITACHI SALES CORPORATION OF AMERICA HITACHI SALES CORPORATION OF HAWAII HITACHI SALES CARIBE MATSUSHITA ELECTRIC CORPORATION OF AMERICA MATSUSHITA ELECTRIC OF PUERTO RICO., INC. MELCO SALES, INC. MIDLAND INTERNATIONAL CORPORATION MITSUBISHI INTERNATIONAL CORPORATION MONTGOMERY WARD AND CO. NEC AMERICA, INC. PANASONIC HAWAII, INC. J.C. PENNEY COMPANY, INC. SEARS, ROEBUCK AND CO. SANYO ELECTRIC, INC. SHARP ELECTRONICS CORPORATION T.G. AND Y STORES, INC. TEKNIKA ELECTRONICS CORPORATION TOSHIBA AMERICA INC. TOSHIBA HAWAII INC. U.S. JVC CORP. (VICTOR) WESTERN AUTO SUPPLY COMPANY WHITE STORES, INC. CONTINUE TO SUSPEND LIQUIDATION OR RELIQUIDATION OF ALL ENTRIES BY W.T. GRANT AS IMPORTER OF RECORD FOR THE PERIOD 9/ 4/70 THROUGH 3/31/79. CONTINUE TO SUSPEND LIQUIDATION OR RELIQUIDATION OF ALL ENTRIES OF TVS MANUFACTURED BY FUJITSU GENERAL (GENERAL) AND ENTERED BY C. ITOH FOR THE PERIOD 9/4/70 THROUGH 3/31/79. CONTINUE TO SUSPEND LIQUIDATION OR RELIQUIDATION OF ALL ENTRIES BY TEKNIKA AS IMPORTER OF RECORD FOR THE PERIOD 1/ 1/77 THROUGH 3/31/79. 3. JAPANESE TELEVISIONS MANUFACTURED OR EXPORTED BY THE FOLLOWING COMPANIES, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR BEFORE MARCH 31, 1979, SHOULD BE ASSESSED ANTIDUMPING DUTIES OF 3.37 PERCENT OF THE ENTERED VALUE. MANUFACTURER ID NUMBER ANITA INTERNATIONAL 015 CROWN RADIO CORPORATION 001 DENKI ONKYO CO., LTD. 017 IKEGAMI TSUSHINKI CO., LTD. 019 K.K. PONY SHOKAI 020 KAGA DENSHI CO., LTD. 021 NISSEI SANGYO CO., LTD. 023 ORIGINAL ELECTRIC MFG. 024 ORION ELECTRIC CO., LTD. 008 SHIN-SHIRASUNA ELECTRIC 027 JAPANESE TVS, MANUFACTURED OR EXPORTED BY ANY OTHER COMPANY AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR BEFORE MARCH 31, 1979, NOT LISTED IN PARAGRAPH 2 OR 3, SHOULD ALSO BE ASSESSED ANTIDUMPING DUTIES OF 3.37 PERCENT OF THE ENTERED VALUE. 4. JAPANESE TELEVISIONS MANUFACTURED OR EXPORTED BY THE FOLLOWING FIRMS, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE LISTED PERIODS, SHOULD BE ASSESSED ANTIDUMPING DUTIES OF 3.37 PERCENT OF THE ENTERED VALUE. COMPANY PERIOD ID NUMBER ANITA INTERNATIONAL 04/01/79 - 03/31/80 015 ANITA INTERNATIONAL 04/01/81 - 03/31/85 015 CASIO 04/01/79 - 03/31/85 033 CENTRO DE CAMARA ZONA LIBRE 04/01/79 - 03/31/85 028 CITIZEN 04/01/79 - 03/31/85 035 CROWN RADIO CORP. 04/01/79 - 03/31/85 001 DENKI ONKYO CO., LTD. 04/01/79 - 03/31/80 017 DENKI ONKYO CO., LTD. 04/01/81 - 03/31/85 017 FUNAI 04/01/79 - 03/31/80 050 GULRAJ TRADING CORP. 04/01/79 - 03/31/80 018 GULRAJ TRADING CORP. 04/01/81 - 03/31/85 018 IKEGAMI TSUSHINKI CO. LTD. 04/01/79 - 03/31/85 019 K.K. PONY SHOKAI 04/01/79 - 03/31/85 020 KAGA DENSHI CO., LTD. 04/01/79 - 03/31/80 021 KAGA DENSHI CO., LTD. 04/01/81 - 03/31/85 021 KOGEN TRADING CO. LTD. 04/01/79 - 03/31/80 022 KOGEN TRADING CO. LTD. 04/01/81 - 03/31/85 022 MIRACLE TRADING, LTD. 04/01/79 - 03/31/85 029 MOU CHUNG TRADING 04/01/79 - 03/31/85 030 NISSEI SANGYO CO., LTD. 04/01/79 - 03/31/80 023 NISSEI SANGYO CO., LTD. 04/01/81 - 03/31/85 023 ORIGINAL ELECTRIC MFG. 04/01/79 - 03/31/80 023 ORIGINAL ELECTRIC MFG. 04/01/81 - 03/31/85 024 OTC INTERNATIONAL LTD. 04/01/79 - 03/31/ 85 031 SANKEI CAMERA 04/01/79 - 03/31/80 026 SANKEI CAMERA 04/01/81 - 03/31/85 026 SHANKAR'S EMPORIUM 04/01/79 - 03/31/85 032 SHIN-SHIRASUNA ELECTRIC 04/01/79 - 03/31/85 027 C. ITOH AND CO., LTD. 04/01/79 - 03/31/85 016 5. FOR JAPANESE TVS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 04/01/85 THROUGH 02/28/91, LIQUIDATE ALL ENTRIES FOR ALL FIRMS AT THE CASH DEPOSIT RATE IN EFFECT AT TIME OF ENTRY, EXCEPT FOR TVS EXPORTED BY THE FOLLOWING FIRMS AND ENTERED DURING THE PERIODS LISTED: EXCEPTIONS CASIO 03/01/89 - 02/28/90 CITIZEN 03/01/89 - 02/28/91 FUJITSU GENERAL 04/01/85 - 02/28/90 FUNAI 04/01/85 - 02/28/90 HITACHI 04/01/85 - 02/28/90 MATSUSHITA 04/01/85 - 02/28/90 MITSUBISHI 04/01/85 - 02/28/90 NEC 04/01/85 - 02/28/90 SANYO 04/01/85 - 02/28/90 SEIKO EPSON 03/01/89 - 02/28/90 SHARP 04/01/85 - 02/28/90 TOSHIBA 04/01/85 - 02/28/90 VICTOR (JVC) 04/01/85 - 02/28/91 6. FINAL RESULTS OF COMMERCE REVIEWS OF THE FOLLOWING COMPANIES HAVE BEEN PUBLISHED IN VARIOUS FEDERAL REGISTER NOTICES FOR THE PERIODS LISTED AND THERE ARE NO INJUNCTIONS BARRING LIQUIDATION. a. FOR ALL SHIPMENTS OF JAPANESE TELEVISION RECEIVING SETS MANUFACTURED OR EXPORTED BY THE FOLLOWING FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIODS INDICATED, ASSESS A DUMPING LIABILITY EQUAL TO THE INDICATED PERCENTAGE OF THE U.S. PRICE. U.S. PRICE IS EQUAL TO THE HIGHER OF THE INVOICE PRICE OR THE ENTERED VALUE LESS ALL DEDUCTIONS NECESSARY TO ARRIVE AT AN EX-FACTORY, PACKED PRICE. MANUFACTURER MARGIN EXPORTER PERIOD (PERCENT) DENKI-ONKYO 04/01/80 - 03/31/81 0.86 FUNAI 03/01/83 - 02/28/86 21.93 VARIOUS GULRAJ TRADING 04/01/80 - 03/31/81 0.86 HITACHI 04/01/80 - 03/31/81 0.16 HITACHI 09/28/83 - 02/28/85 0.16 HITACHI 03/01/87 - 02/28/90 0.16 VARIOUS/KAGA DENSHI 04/01/80 - 03/31/81 0.86 VARIOUS/KOGEN TRADING 04/01/80 - 03/31/81 0.86 MATSUSHITA 03/01/87 - 02/28/90 35.40 MITSUBISHI 03/01/89 - 02/28/90 35.40 NEC 03/01/89 - 02/28/90 35.40 VARIOUS/NISSEI SANGYO 04/01/80 - 03/31/81 0.16 VARIOUS/ORIGINAL 04/01/80 - 03/31/81 0.16 VARIOUS/OTAKE 04/01/79 - 03/31/80 3.37 VARIOUS/SANKEI CAMERA 04/01/80 - 03/31/81 0.86 SANYO 03/01/87 - 02/28/90 2.86 SEIKO EPSON 03/01/89 - 02/28/90 21.93 SHARP 03/01/89 - 02/28/90 4.76 TOSHIBA 03/01/86 - 02/28/87 35.40 TOSHIBA 03/01/89 - 02/28/90 35.40 VICTOR 03/01/87 - 02/28/90 35.40 NOTE: WHERE "VARIOUS/TRADING COMPANY NAME" IS WRITTEN, THE TERM VARIOUS IS DEFINED AS ANY MANUFACTURER SHIPPING FOR OR THROUGH THAT PARTICULAR TRADING COMPANY LISTED ALONG SIDE. ALL SHIPMENTS OF JAPANESE RECEIVING SETS MANUFACTURED AND/ OR EXPORTED BY THE FOLLOWING FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIODS LISTED BELOW ARE FREE OF DUMPING LIABILITY. ANITA INTERNATIONAL 04/01/80 - 03/31/81 FUJITSU-GENERAL (GENERAL) 04/01/80 - 03/31/81 MATSUSHITA 04/01/79 - 03/31/81 NEC 04/01/79 - 03/31/80 ORION/OTAKE 04/01/80 - 03/31/82 04/01/83 - 09/12/84 SANYO 04/01/79 - 03/31/81 TOSHIBA 04/01/79 - 03/31/81 VICTOR 04/01/79 - 03/31/80 LIQUIDATION INFORMATION APPRAISE THESE SHIPMENTS AND LIQUIDATE THE APPLICABLE ENTRIES BY STAMPING EACH INVOICE WITH THE WORDING "NO DUMPING DUTIES DUE". c. FOR ALL SHIPMENTS OF JAPANESE TELEVISION RECEIVING SETS MANUFACTURED OR EXPORTED BY THE FOLLOWING FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE LISTED PERIODS ASSESS A DUMPING LIABILITY EQUAL TO THE DIFFERENCE BETWEEN U.S. PRICE AND FOREIGN MARKET VALUE. UNITED STATES PRICE IS EQUAL TO THE HIGHER OF THE INVOICE PRICE OR ENTERED VALUE LESS ALL DEDUCTIONS NECESSARY TO ARRIVE AT AN EX-FACTORY, PACKED PRICE. FOREIGN MARKET VALUE IS EQUAL TO THE U.S. PRICE PLUS THE PER UNIT AMOUNT INDICATED. MANUFACTURER/ PER-UNIT EXPORTER PERIOD DUMPING DUTY MITSUBISHI 04/01/79 - 03/31/80 $1.91 NEC 04/01/80 - 03/31/81 $1.63 SHARP 04/01/79 - 03/31/80 $0.72 VICTOR 04/01/80 - 03/31/81 $0.62 VICTOR 08/19/83 - 03/31/84 $0.015 VICTOR 04/01/84 - 02/28/85 $0.008 VICTOR 03/01/85 - 02/28/86 $0.022 D. SHOWN BELOW ARE CERTAIN ENTRIES AND THE APPLICABLE DUMPING DUTIES. THEY COVER SHIPMENTS OF JAPANESE TELEVISION RECEIVING SETS MANUFACTURED AND/OR EXPORTED BY FUJITSU GENERAL, FORMERLY GENERAL, AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD APRIL 1, 1979 THROUGH MARCH 31, 1980. ALL OTHER SHIPMENTS OF JAPANESE TELEVISION RECEIVING SETS MANUFACTURED AND/OR EXPORTED BY FUJITSU GENERAL, FORMERLY GENERAL, NOT SHOWN BELOW, AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD APRIL 1, 1979 THROUGH MARCH 31, 1980, ARE FREE OF DUMPING LIABILITY. APPRAISE THESE SHIPMENTS AND LIQUIDATE THE APPLICABLE ENTRIES BY STAMPING EACH INVOICE WITH THE WORDING "NO DUMPING DUTIES DUE". FUJITSU GENERAL (GENERAL) APRIL 1, 1979 THROUGH MARCH 31, 1980 DUMPING ENTRY NUMBER ENTRY DATE DUTIES DUE 79-383785 4/6/79 $596.21 79-171470 4/6/79 $3,620.72 79-170002 4/6/79 $1,259.00 79-134190 4/11/79 $4,038.27 79-166963 4/3/79 $1,284.85 79-383876 4/5/79 $161,232.68 79-134194 4/11/79 $7,151.26 79-134191 4/11/79 $5,300.48 79-134188 4/11/79 $4,882.48 79-134187 4/11/79 $17,329.15 79-170003 4/06/79 $462.56 79-141052 4/11/79 $5,980.76 E. SHOWN BELOW ARE CERTAIN ENTRIES AND THE APPLICABLE DUMPING DUTIES. THEY COVER SHIPMENTS OF JAPANESE TELEVISION RECEIVING SETS MANUFACTURED AND/OR EXPORTED BY HITACHI AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD APRIL 1, 1979 THROUGH MARCH 31, 1980. ALL OTHER SHIPMENTS OF JAPANESE TELEVISION RECEIVING SETS MANUFACTURED AND/OR EXPORTED BY HITACHI NOT SHOWN BELOW, AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD APRIL 1, 1979 THROUGH MARCH 31, 1980, ARE FREE OF DUMPING LIABILITY. APPRAISE THESE SHIPMENTS AND LIQUIDATE THE APPLICABLE ENTRIES BY STAMPING EACH INVOICE WITH THE WORDING "NO DUMPING DUTIES DUE". HITACHI APRIL 1, 1979 THROUGH MARCH 31, 1980 ENTRY NUMBER ENTRY DATE DUMPING DUTIES DUE 79-597676 5/23/79 $454.63 79-597679 5/23/79 $454.63 79-598100 5/24/79 $362.04 80-579007-8 10/5/79 $112.46 80-122289 11/21/79 $197.54 80-145698-9 11/30/79 $195.66 f. LIQUIDATION INSTRUCTIONS HAVE BEEN ISSUED FOR ORION/ OTAKE FOR THE PERIOD 04/01/80 - 03/31/81. SEE C.I.E. N-151/68 SUPPL. 70, 10/29/84. THESE ENTRIES SHOULD ALREADY HAVE BEEN LIQUIDATED, AND IF THEY HAVE NOT BEEN LIQUIDATED, THEY SHOULD BE IN ACCORDANCE WITH THE REFERENCED C.I.E. 7. COMMERCE AND CUSTOMS CONTINUE TO BE ENJOINED FROM LIQUIDATING TVS MANUFACTURED/EXPORTED BY THE FOLLOWING FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE FOLLOWING PERIODS: COMPANY PERIOD FUJITSU GENERAL 4/1/81 - 2/29/88 3/1/89 - 2/28/90 FUNAI 4/1/81 - 3/31/83 4/1/86 - 2/28/89 HITACHI 4/1/81 - 9/27/83 3/1/85 - 2/28/87 MATSUSHITA 4/1/81 - 8/18/83 3/1/86 - 2/28/87 MITSUBISHI 4/1/80 - 2/28/86 NEC 4/1/81 - 2/28/89 OTAKE TRADING 4/1/82 - 3/31/83 SANYO 4/1/81 - 2/28/87 SHARP 4/1/80 - 2/28/86 TOSHIBA 4/1/81 - 9/27/83 3/1/87 - 2/29/89 VICTOR 4/1/83 - 8/18/83 3/1/86 - 2/28/87 INTEREST PAYMENT 8. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT, WHICH REQUIRES INTEREST ON OVERPAYMENTS OR UNDERPAYMENTS OF THE AMOUNT DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED DUTIES THROUGH THE DATE OF LIQUIDATION. SCOPE DETERMINATIONS 9. THE FOLLOWING SCOPE EXCLUSION REQUESTS ARE BEING REVIEWED BY THE DEPARTMENT OF COMMERCE. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF THESE MODELS UNTIL COMMERCE MAKES ITS DETERMINATIONS. a. NEC - SUBASSEMBLIES: W5A-1 (HE), W4A-1 (HE), W3A-1 (HE), W5A-1, AND W4A-1. b. TEKNIKA ELECTRONICS CORP. - P.C.B. SUBASSEMBLIES FOR REPLACEMENT AND SERVICE. c. SHARP-SHARP MODEL VC-V542U, A COMBINATION VCR AND LCD MONITOR. d. P.T. IMPORTS, INC. - MULTIPLE VOLTAGE AND RECEIVING SYSTEM TVS, JVC SERIES "ME" AND "MU". e. CERTAIN HAND-HELD LCD DISPLAY TVS MANUFACTURED BY THE FOLLOWING JAPANESE MANUFACTURERS AND THEIR U.S. SUBSIDIARIES AND ALL OTHER LCD TVS UNDER 6" IN SCREEN SIZE. MANUFACTURER MODELS CASIO TV-400T, TV-500, TV-1400, TV-3100, TV-8500. CITIZEN 06TA, 08TA, TB20, TA80, TC50, TC53, DD-T126, DD-P226, TC52. HITACHI ALL LCD TVS UNDER 6" IN SCREEN SIZE. MATSUSHITA CT-301E/302B, CT-311E/312B. NEC ALL LCD TVS UNDER 6" IN SCREEN SIZE. SEIKO EPSON LVD-602, LVD-702, LVD-802. TOSHIBA ALL LCD TVS UNDER 6" IN SCREEN SIZE. 10. SINCE COMMERCE RECENTLY RULED THAT SHARP COMBINATION MODEL JC-AV1 CONSISTING OF AN LCD-TV, RADIO, AND CASSETTE IN ONE UNIT IS WITHIN THE SCOPE OF THE FINDING, ALL THE PROVISIONS OF THIS EMAIL APPLY TO THAT MODEL. THE AD/CVD MODULE HAS BEEN UPDATED TO REFLECT ALL THE INFORMATION PROVIDED IN THIS TELEX MESSAGE. PLEASE REFER TO THE AD/CVD MODULE FOR THE CURRENT CASH DEPOSIT RATES AND THE COMPANY CASE IDENTIFIERS. REVOCATION INFORMAITON 12. SONY WAS REVOKED FROM THE FINDING EFFECTIVE FEBRUARY 26, 1975. THE MANUFACTURER/EXPORTER COMBINATION ORION/OTAKE TRADING WAS REVOKED FROM THE FINDING EFFECTIVE SEPTEMBER 12, 1984. TVS MANUFACTURED OR EXPORTED BY SONY, OR MANUFACTURED BY ORION AND EXPORTED BY OTAKE AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER THESE DATES MAY BE LIQUIDATED WITHOUT REGARD TO DUMPING DUTIES. 13. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER AGENCY BRANCH VIA EMAIL BY USING ATTRIBUTE "HQ OAB". PROTEST INQUIRIES FOR QUESTIONS REGARDING PROTESTS THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT GLORIA MAKEL, OFFICE OF AGREEMENTS COMPLIANCE, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, ROOM B-099, WASHINGTON, D.C. 20230, AT (FTS) 377-3208. FOR OTHER TV LIQUIDATION MATTERS THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT JOHN KUGELMAN, OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, ROOM B-099, WASHINGTON, D.C. 20230, AT (FTS) 377-3601. NANCY MCTIERNAN