MESSAGE NO: 4098111 DATE: 04 08 1994
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 015 - -
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PERIOD COVERED: 01 28 1994 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: SCOPE RULING AND LIQ INSTRUCTIONS FOR TV'S FROM JAPAN
(A-588-015)(AIWA)


1. ON JANAUARY 28, 1994, IN RESPONSE TO A REQUEST BY AGIV
(U.S.A.) INC., THE DEPARTMENT OF COMMERCE (DOC) ISSUED A
FINAL SCOPE RULING FINDING THE AIWA MODEL VX-T-1000MK3KEI
COLOR TV/VCR COMBO, TO BE NOT WITHIN THE SCOPE OF THE
ANTIDUMPING FINDING ON TELEVISIONS FROM JAPAN, COLOR AND
MONOCHROME (A-588-015).

2. DOC HAS DETERMINED THAT FOR UNITS SUCH AS THE VXT1000,
"CAPABLE OF RECEIVING A BROADCAST TELEVISION SIGNAL AND
PRODUCING A VIDEO IMAGE" MEANS A SIGNAL OF A TELEVISION
BROADCAST SERVICE BASED ON THE M/NTSC SYSTEM, THE STANDARD
BROADCASTING SYSTEM USED IN THE UNITED STATES. SUCH
TELEVISION RECEIVING SETS MUST BE ABLE TO RECEIVE THE AURAL
COMPONENT AS WELL AS THE VIDEO COMPONENT OF A U.S. BROADCAST
TELEVISION SIGNAL IN ORDER TO BE FOUND WITHIN THE SCOPE OF
THE FINDING.

3. DOC DETERMINED THAT THE VXT1000 IS UNABLE TO "RECEIVE A
BROADCAST TELEVISION SIGNAL AND PRODUCE A VIDEO IMAGE" WITHIN
THE MEANING OF THE FINDING AND IS, THEREFORE, NOT WITHIN THE
SAME CLASS OR KIND OF MERCHANDISE SUBJECT TO THE ANTIDUMPING
FINDING ON TELEVISIONS FROM JAPAN, COLOR AND MONOCHROME.

4. FINALLY, THE DOC FOUND NOTHING ON THE RECORD TO SUGGEST THAT
THE VXT1000 IS THE TYPE OF UNIT WHERE "OMISSION OF MINOR
COMPONENTS" HAS OCCURRED WHICH WOULD DISRUPT ITS ABILITY TO
PROPERLY RECEIVE THE BROADCAST TELEVISION SIGNAL OF THE
M/NTSC SYSTEM. NOR DID THE DOC FIND THAT THE VXT1000 IS A
UNIT WHERE MINOR ADJUSTMENTS WOULD PERMIT THE VXT1000 TO
PROPERLY RECEIVE THE BROADCAST TELEVISION SIGNAL OF THE
M/NTSC SYSTEM.




5. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF THE
MERCHANDISE LISTED ABOVE. UNDER SECTION 778 OF THE TARIFF
ACT OF 1930, INTEREST IS PAYABLE ON OVERPAYMENTS AND
UNDERPAYMENTS OF AMOUNTS DEPOSITED ON ENTRIES SUSPENDED UNDER
THIS ANTIDUMPING DUTY FINDING. INTEREST SHALL BE CALCULATED
FROM THE DATE OF DEPOSIT OF ESTIMATED ANTIDUMPING DUTIES
THROUGH THE DATE OF LIQUIDATION. 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.

6. REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS RELATING TO
THE MERCHANDISE LISTED ABOVE. WHERE THE DOC HAS NOT
INSTRUCTED OTHERWISE, CONTINUE TO SUSPEND LIQUIDATION ON ALL
OTHER ENTRIES OF TELEVISIONS FROM JAPAN, COLOR AND
MONOCHROME.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TRADE
COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH
USING ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT THOMAS O. BARLOW AT (202)
482-5256 OR WENDY FRANKEL AT (202) 482-5253 OF THE OFFICE OF
ANTIDUMPING COMPLIANCE, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN