[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: 94-6973]


[[Page Unknown]]

[Federal Register: March 24, 1994]


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DEPARTMENT OF COMMERCE
[A-588-087]

 

Portable Electric Typewriters 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 Prosser 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-
1130 and 482-0367, respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On May 9, 1980, the Department of Commerce (the Department) 
published in the Federal Register (53 FR 40926) an antidumping duty 
order on Portable Electric Typewriters (PETs) from Japan (the 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. 
Smith Corona submitted this request 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 PETs, automatic PETs (PATs), PETs 
incorporating a calculating mechanism, and certain personal word 
processors (PWPs). On August 7, 1990, in Preliminary Scope Ruling; 
Portable Electric Typewriters from Japan (55 FR 32107), the Department 
clarified the scope of the order, ruling that ``* * * certain later-
developed PETS, including so-called `personal word processors', are 
presumptively of the same class or kind as PETs within the scope of the 
order * * *.'' The Department determined that to be of the same class 
or kind as a PET, a typewriter must meet the following seven physical 
criteria: (1) Be easily portable, with a handle and/or carrying case, 
or similar mechanism to facilitate portability; (2) be electric, 
regardless of source of power; (3) be comprised of a 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 (roller) to 
accommodate paper; and (7) only accommodate its own dedicated or 
captive software. The final scope ruling was published on November 13, 
1990 (55 FR 47358).
    PETs, PATs, and certain PWPs are currently classifiable under 
Harmonized Tariff System (HTS) item numbers 8469.10.00, 8469.21.00, and 
8469.29.00. The HTS subheadings are provided for convenience and 
Customs purposes. Our written description of the scope of this order is 
dispositive.
    This changed circumstance administrative review covers all 
manufacturers/exporters of PETs and PATs, and PETs incorporating a 
calculating mechanism manufactured in Japan and all manufacturers/
exporters of those PWPs falling within the scope of the PETs order that 
are manufactured in Japan.

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 Tariff Act of 1930, as amended 
(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 
administrative 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 on the 
representations made by Smith Corona that other U.S. producers and 
potential producers of this merchandise (Nakajima All Manufacturing 
Limited, 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 portable 
electric typewriters from Japan.
    In the event this revocation is made final, the Department will 
terminate the administrative reviews covering the following periods: 
May 1, 1990 through April 30, 1991 (initiated on June 18, 1991 (56 FR 
27943)); May 1, 1991 through April 30, 1992 (initiated on June 18, 1992 
(57 FR 27212)); and May 1, 1992 through April 30, 1993 (initiated on 
June 25, 1993 (58 FR 34414)).
    In addition, in the event that this revocation is made final, the 
following will take place. For all companies for which an 
administrative review has been requested but not completed, the 
effective date of revocation will be May 1, 1990. May 1, 1990 is the 
first day after the most recent period for which an administrative 
review has been completed for all of these companies. For all other 
companies subject to this antidumping duty order, the effective date of 
revocation will be May 1, 1993. May 1, 1993, is the first day for which 
automatic liquidation instructions have not been issued for these other 
companies.
    If final revocation occurs, we intend to instruct the U.S. Customs 
Service to liquidate all entries of subject merchandise in accordance 
with the above effective dates of revocation. We will instruct the U.S. 
Customs Service to refund with interest any estimated antidumping 
duties collected with respect to entries made on or after May 1, 1990, 
for which a review has been requested but not completed, and we will 
instruct the U.S. Customs Service to refund with interest any estimated 
antidumping duties collected with respect to all entries made on or 
after May 1, 1993.
    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 of 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(e) and shall be served on all interested 
parties on the Department's service list in accordance with 19 CFR 
353.31(g). 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 notice are in accordance with sections 751(b)(1) and (c) of the Act 
and Secs. 353.22(f) and 353.25(d) of the Department's regulations.

    Dated: March 16, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-6973 Filed 3-23-94; 8:45 am]
BILLING CODE 3510-DS-P