MESSAGE NO: 1267115
DATE: 09 24 1991
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 818
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PERIOD COVERED:
08 28 1991
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: ANTIDUMPING DUTY ORDER ON PERSONAL WORD PROCESSORS FROM
JAPAN
1267115
September 24, 1991
interested parties.
1.On August
28,
1991
the Department of Commerce published an
antidumping duty order on personal word processors from Japan.
2.The
marchandise covered
by
this investigation consists
of
integrated personal word processing systems
and
major
finished
units thereof ("word processors"), which
are defined as
devices
designed principally for the composition and correction of text.
All
word processors within the scope of
this investigation have
the
following essential features:
(1)
a
customized operating
system designed exclusively for
a manufacturer's word
processor
product
line
which
is
unable
to
run
commercially available
software and which
is permanently installed by
the manufacturer
before
or
after importation; (2)
a
word
processing software/
firmware
program
which
is
designed exclusively for
the
word
processor product line and which is permanently installed by
the
manufacturer before or after importation; and (3) internal memory
(both
read-only
memory
("ROM")
and
read-write random
access
memory ("RAM")) for word processing.
In addition, word processors may include
one
or
more
of
the
following features:
(1)
an
auxiliary memory
storage
device,
whether internal (e.g.,
RAM
storage)
and/
or
external (e.g.,
which accepts floppy diskettes, RAM cards,
or
other nonvolatile
media);
(2) software/ firmmware designed
or
modified
for
use
exclusively on
a line of word processors (e.g., a spreadsheet or
word processing-assist program); (3)
an interface permitting the
transfer of information to other word processors,
telecommunication links, computers, and the like; and (4)
a type
mode,
which
permits
the
word
processor
to
function
as
a
typewriter by
typing characters directly
onto
paper.
However,
the inclusion or exclusion of one
or more of these features from
a word processor is not dispositive as
to whether merchandise is
within the scope of this investigation.
All
word
processors
included
within
the
scope
of
this
investigation contain the following three units:
(1)
a keyboard
for
the entry of characters, numerals and symbols; (2)
a
video
display; and (3) a chassis or frame containing the essential word
processing features listed above.
These
units
may
either
be
integrated into one word processing system or
be combined by the
user into one working system.
Word processors may include, as
a
fourth unit, a printer with a platen (or equivalent text-to-paper
transfer system) and printing mechanism to permit the printing of
text
on paper.
However, word processors which do
not include a
printer as
one
of
the major units are also included wintin the
scope of the investigation.
Word processors may
be imported as integrated systems,
or
the
major finished units may be imported separately.
With respect to
major finished units, only
the major finished units listed above
are covered by this investigation.
Keyboards and chassis/ frames
are included in this investigation if they
are designed for
use
in
word processors.
Printers and video displays are included in
this investigation only if they are dedicated exclusively for use
in word processors.
Major
finished
units
are
distinguished
from
parts
or
subassemblies
in
that
they
do
not
require
any
additional
manufacturing before functioning as
a complete unit
of
a
word
processor.
Neither parts
nor subassemblies are included in
the
scope of this investigation.
Word processing devices which meet all of the following criteria
are excluded from
the scope
of
this investigation:
(1) easily
portable, with
a
handle
and/
or
carrying
case,
or
similar
mechanism to facilitate its portability; (2) electric, regardless
of source of power; (3) comprised of single,integrated unit;
(4)
have a keyboard embedded in the chassis or frame of
the machine;
(5)
have
a built-in printer; (6)
have
a platen to accommodate
paper; and
(7)
only accommodate their
own dedicated or captive
software.
(See
also
Final
Scope
Ruling:
Portable Electronic
Typewriters from Japan (55 FR 47358, November 13, 1990).)
Specifically excluded from
the scope of
this investigation are
automatic typewriters with one- or two-line displays.
Also excluded from the scope of
this investigation are personal
computers ("PCs"), including those PCs which are capable of
word
processing.
PCs
are
a
class
of
automatic
data
processing
machines.
Unlike
automatic
data
processing
machines,
word
processing machines
cannot
make
the
logical
decision
during
processing to modify the execution of
a program, i.e., the
user
of
a word processor cannot use
the word processor to create new
software or
to
modify
the
program
code
of existing computer
programs.
PCs
are also distinguished from
the
word processors
subject
to
this investigation
by
reason
of
their
operating
systems,
which
are
capable
of
running
a
variety
of
"off-the-shelf" software programs installed by
the purchaser. In
addition, PCs generally have significantly higher
memory storage
capacities and
often
contain
major finished
units
which
are
interchangeable with units manufactured by several producers.
Office typing systems are specifically excluded from
the
scope
of this investigation by virtue of the ITC determining that there
is
no injury with respect to that like product.
Word processors
are
currently classified under
HTS
subheading 8469.10.00.
The
video displays covered
by
this
order
are currently classified
under
HTS
subheading
8473.10.00107.
Although
the
HTS
subheadings are
provided
for convenience and
customs purposes,
our
written description of
the
scope
of
this
proceeding
is
dispositive.
3.For
further reporting purposes, this investigation has
been
assigned investigation number A-588-818.
The Customs
Identification
numbers
(below)
are
to
be
used
for
Customs
identification purposes and blue line reports.
4.For exports of
all personal word processors from Japan,
the
U.S.
Customs Service
shall continue
to
suspend liquidation of
such personal word processors that
are entered or withdrawn from
warehouse on
or
after April 22, 1991, and shall require a
cash
deposit on entries filed on
or
after August 28, 1991, equal
to
the "weighted average margin percentage" listed below:
MANUFACTURER/
PRODUCER/
CUSTOMS
ID
NOWEIGHTED
AVERAGE
EXPORTERMARGIN PERCENTAGE
Brother Industries,
A-588-818-001
58.71
Ltd.
Kyushu Matsushita A-588-818-002
58.71
Electric Co., Ltd.
All Others A-588-818-000
58.71
7.On
August
19,
1991,
the
International
Trade
Commission
notified the Department that imports of office typing systems are
not materially injuring,
or threatening material
injury
to,
a
U.S. industry.
Accordingly, suspension of liquidation should
be
terminated for
all entries of
office typing systems from
Japan
that
were entered, or withdrawn from warehouse, for consumption,
on
or
after April 22,
1991.
All
bonds
and estimated duties
deposited on entries of these typing systems should be refunded.
(Further clarification on the above is forthcomming.)
8.If there
are
any questions regarding this matter
by Customs
Officers,
they
should
be
referred
to
the
Import Specialist
Division, Other Agency Branch, Customs Headquarters
(FTS 566-8561),
or
by
E-Mail
to
attribute
"HQ
OAB".
The
importing
public
and
other interested parties
should
contact
Stephanie Hager
or
Ross Cotjanle of
the Office
of Antidumping
Investigations,
Import
Administration,
International
Trade
Administration, U.S. Department
of
Commerce, Telephone:
(202)
377-5055 or 377-3534, respectively.
9.There
are
no
restrictions
on
disclosing
the
above
information.
Nancy McTiernan