[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10452]


[[Page Unknown]]

[Federal Register: May 2, 1994]


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DEPARTMENT OF COMMERCE
A-588-087

 

Portable Electric Typewriters From Japan; Final Results of 
Changed Circumstances Antidumping Duty Administrative Review; 
Revocation of Order

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

ACTION: Notice of final results of Changed Circumstances Antidumping 
Duty Administrative Review; Revocation of Order.

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SUMMARY: On March 24, 1994, the Department of Commerce published the 
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 on portable electric 
typewriters from Japan (59 FR 13932). We have completed this review and 
are revoking the antidumping duty order on PETs from Japan.

EFFECTIVE DATE: May 2, 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 Street 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). Smith Corona also made representations that 
other U.S. producers and potential U.S. producers of this merchandise 
(Nakajima All Manufacturing Limited, Canon Business Machines, and 
Brother Industries (USA), Inc.) consented to revocation of the order.
    On March 24, 1994, the Department published the 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 on PETs from Japan (59 FR 13932). In that notice 
the Department preliminarily determined that the order no longer is of 
interest to domestic interested parties and notified the public of its 
intent to revoke the order. The Department gave interested parties an 
opportunity to comment on the preliminary results and none of the 
interested parties commented. On April 8, 1994, Brother Industries 
(USA) Inc., the petitioner in the investigation of portable electric 
typewriters from Singapore (A-559-806), submitted its request, pursuant 
to 19 CFR 353.17(a), to terminate the suspended investigation in that 
case. A notice of such termination will be published simultaneously 
with this notice.

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 Schedule (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.

Final Results of Changed Circumstances Antidumping Duty Administrative 
Review, Revocation of 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 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. Sec. 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 accordance with sections 751(b)(1) and (c) of the Act and 19 CFR 
353.25(d) and 353.22(f), based upon the facts of this case and the fact 
that none of the interested parties objected to or otherwise commented 
on our preliminary results, we have determined that the order no longer 
is of interest to domestic interested parties. The Department 
determines 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 revoking the 
antidumping duty order on PETs from Japan.
    The Department is terminating 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)).
    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. We will 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 on or after May 1, 1993, 
with respect to all other entries made.
    This administrative review, revocation, 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: April 22, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-10452 Filed 4-29-94; 8:45 am]
BILLING CODE 3510-DS-P