[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6972]


[[Page Unknown]]

[Federal Register: March 24, 1994]


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DEPARTMENT OF COMMERCE
[A-588-818]

 

Personal Word Processors From Japan; Initiation of Changed 
Circumstances Antidumping Duty Administrative Review, Consideration of 
Revocation of Order, Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, and Intent To Revoke Order

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

ACTION: Notice of initiation of changed circumstances antidumping duty 
administrative review, consideration of revocation of order, 
preliminary results of changed circumstances antidumping duty 
administrative review, and intent to revoke order.

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EFFECTIVE DATE: March 24, 1994.

FOR FURTHER INFORMATION CONTACT: Thomas O. Barlow or Wendy J. Frankel, 
Office of Antidumping Compliance, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5256 
and 482-0367, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 28, 1991, the Department of Commerce (the Department) 
published in the Federal Register (56 FR 42593) an antidumping duty 
order on personal word processors (PWPs) from Japan (the order). On 
August 20, 1992 (57 FR 37770), the Department published an amended 
order. On February 15, 1994, Smith Corona Corporation (Smith Corona), 
the petitioner in the underlying less-than-fair-value (LTFV) 
investigation, submitted a request for a changed circumstances 
administrative review and revocation of the order based on the 
represented fact that the order no longer is of interest to the 
domestic interested parties. For the same reasons, in its February 15, 
1994 request, Smith Corona withdrew its petition requesting an 
investigation to determine whether the order was being circumvented 
pursuant to section 781(a) of the Tariff Act of 1930, as amended (the 
Act). Smith Corona made the withdrawal of that petition and the 
revocation contingent upon termination of the suspended antidumping 
investigation on portable electric typewriters from Singapore (A-559-
806).

Scope of Review

    The scope of the order covers PWPs from Japan as defined in the 
Department's antidumping duty order on personal word processors from 
Japan (56 FR 42593, August 28, 1991), as amended (57 FR 37770, August 
20, 1992). PWPs are currently classifiable under item number 8469.10.00 
of the Harmonized Tariff Schedule (HTS) of the United States. HTS item 
numbers are provided for convenience and Customs purposes. The written 
description remains dispositive as to the scope of the product 
coverage.

Initiation of Changed Circumstances Antidumping Duty Administrative 
Review, Consideration of Revocation of Order, Preliminary Results 
of Changed Circumstances Administrative Review, and Intent To 
Revoke Order

    Pursuant to section 751(c) of the Act, the Department may revoke an 
antidumping duty order if the Department determines, based on a review 
under section 751(b)(1) of the Act, that changed circumstances exist 
sufficient to warrant revocation. Section 751(b)(1) of the Act requires 
a changed circumstances review to be conducted upon receipt of a 
request containing sufficient information concerning changed 
circumstances.
    Section 353.25(d)(2) of the Department's regulations permits the 
Department to conduct an administrative review under Sec. 353.22(f) 
based upon an affirmative statement of no interest from the petitioner 
in the proceeding. Section 353.25(d)(1)(i) further provides that if the 
Department determines that the order under review is no longer of 
interest to domestic interested parties, the Department may revoke the 
antidumping duty order. In addition, in the event the Department 
concludes that expedited action is warranted, Sec. 353.22(f)(4) of the 
regulations permits the Department to combine the notices of initiation 
and preliminary results.
    Therefore, in accordance with sections 751(b)(1) and (c) of the Act 
and 19 CFR 353.25(d) and 353.22(f), based on an affirmative statement 
of no interest in the proceeding by Smith Corona, the Department is 
initiating this changed circumstances administrative review. Further, 
based upon the facts of this case and the representations made by Smith 
Corona that other U.S. producers of this merchandise (Canon Business 
Machines and Brother Industries (USA), Inc.) consent to revocation of 
the order, we have determined that expedited action is warranted, and 
we have preliminarily determined that the order no longer is of 
interest to domestic interested parties. Because the Department 
concludes that expedited action is warranted, the Department is 
combining these notices of initiation and preliminary results. The 
Department determines that there is a reasonable basis to believe that 
the requirement for revocation based on the changed circumstance that 
the order no longer is of interest to domestic interested parties has 
been met. Therefore, we are hereby notifying the public of our intent 
to revoke the antidumping duty order on personal word processors from 
Japan. We hereby notify the public that if this revocation becomes 
final we will also publish notice of the termination of the ongoing 
anticircumvention inquiry of the order on PWPs from Japan.
    If these preliminary results are made final, they will apply to all 
shipments of the merchandise entered, or withdrawn from warehouse, for 
consumption on or after August 1, 1993 (the day after the last 
administrative review period for which automatic liquidation 
instructions were sent to the U.S. Customs Service). In that event, we 
intend to instruct the U.S. Customs Service to liquidate all entries of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after August 1, 1993, without regard to antidumping 
duties. We will instruct the U.S. Customs Service to refund with 
interest any estimated antidumping duties collected with respect to 
those entries.
    The current requirement for a cash deposit of estimated antidumping 
duties will continue until publication of the final results of this 
changed circumstances review.

Public Comment

    Any interested party may request a hearing within 10 days from the 
date of publication of this notice. Any hearing, if requested, will be 
held no later than 28 days after the date of publication of this 
notice, or the first workday thereafter. Case briefs and/or written 
comments from interested parties may be submitted not later than 14 
days after the date of publication of this notice. Rebuttal briefs and 
rebuttals to written comments, limited to the issues raised in those 
comments, may be filed not later than 21 days after the date of 
publication of this notice. All written comments shall be submitted in 
accordance with 19 CFR 353.31 and shall be served on all interested 
parties on the Department's service list. Persons interested in 
attending the hearing should contact the Department for the date and 
time of the hearing. The Department will publish the final results of 
this changed circumstances review, including the results of its 
analysis of issues raised in any written comments.
    This initiation, preliminary results of review, intent to revoke, 
and this notice are in accordance with Secs. 751(b)(1) and (c) of the 
Act and Secs. 353.22(f) and 353.25(d)(1993) of the Department's 
regulations.

    Dated: March 16, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-6972 Filed 3-23-94; 8:45 am]
BILLING CODE 3510-DS-P