On November 24, the Department of Commerce (the Department) announced its preliminary 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 preliminarily found that Malaysian producers/exporters have not sold CTVs in the U.S. market at less than fair value, calculating a de minimis margin for the sole respondent company, Funai Electric. However, the Department has preliminarily found that PRC producers/exporters have sold CTVs in the U.S. market at less than fair value, with margins ranging from 27.94 percent to 45.87 percent. The Department is scheduled to make its final determinations in these investigations in April 2004.

Background: The Department will consider comments from interested parties on its preliminary determinations and evidence on the record in making its final determinations. If the Department makes a final determination that imports were sold below fair value in either the Malaysian or PRC investigation, and the International Trade Commission (ITC) makes a final affirmative determination that imports from the same country were materially injuring, or threatening to materially injure, the domestic industry, then the Department will instruct the U.S. Customs and Border Protection to collect antidumping duties.

Petitioners: The petition requesting these investigations was filed by Five Rivers Electronic Innovations, LLC (Greeneville, TN); 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. If the Department and the ITC make final affirmative determinations that critical circumstances do exist with regard to imports of CTVs from the PRC, antidumping duties may be assessed retroactively on goods imported up to 90 days prior to the publication of the Department's preliminary determination.

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.