[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Notices]
[Pages 43771-43773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20928]
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DEPARTMENT OF COMMERCE
[A-122-057]
Replacement Parts for Self-Propelled Bituminous Paving Equipment
from Canada; Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty Administrative Review, and Intent to
Revoke Antidumping Duty Finding
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty Administrative Review, and Intent to
Revoke Antidumping Duty Finding.
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SUMMARY: In response to requests from the Blaw-Knox Construction
Equipment Corporation (Blaw-Knox), the petitioner in this proceeding,
and the Road Machinery Division of Ingersoll-Rand Company (IR), the
only respondent in the administrative reviews covering the periods
September 1, 1991 through August 31, 1992 (1991-92) and September 1,
1992 through August 31, 1993 (1992-93), the Department of Commerce (the
Department) is initiating a changed circumstances antidumping duty
administrative review and issuing a notice of intent to revoke the
antidumping duty finding. Blaw-Knox has filed a submission stating that
it no longer has any interest in the antidumping finding. In addition,
the petitioner has consulted with interested parties who are known to
them to be involved in the U.S. production of replacement parts,
Barber-Greene and Cedarapids, and did not find any opposition to the
revocation of the finding. Blaw-Knox and IR also requested that this
revocation be retroactive to the beginning of the 1991-92
administrative review period, September 1, 1991. Therefore, based on
the fact that domestic interested parties
[[Page 43772]]
are no longer interested in the antidumping duty finding on self-
propelled bituminous paving equipment from Canada, we intend to revoke
the finding. The revocation will apply to all shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after September 1, 1991. We invite interested parties to comment on
these preliminary results and our intent to revoke the finding.
EFFECTIVE DATE: August 23, 1995.
FOR FURTHER INFORMATION CONTACT: Gayle Longest or Kelly Parkhill,
Office of Countervailing Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, D.C. 20230;
telephone: (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to section 751(d) and 782(h) of the Tariff Act of 1930, as
amended (1995) (the Act), the Department may revoke an antidumping duty
order based on a review under section 751(b) of the Act (i.e., a
changed circumstances review). 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.
On September 7, 1977, the Department published the antidumping
finding on replacement parts for self-propelled bituminous paving
equipment from Canada. On August 1, 1995, Blaw-Knox submitted a letter
to the Department stating that it has no further interest in the
antidumping duty finding on replacement parts for self-propelled
bituminous paving equipment from Canada and requested retroactive
revocation for all entries of subject merchandise made on or after
September 1, 1991. September 1, 1991, is the beginning of the review
period for the earliest period for which there is no completed
administrative review; there are pending reviews for the 1991-92 and
1992-93 review periods. The request is based on changed circumstances
in accordance with 19 CFR 353.25(d)(1994). In addition, Blaw-Knox has
consulted with the other major U.S. producers of replacement parts,
Barber-Greene and Cedarapids, and did not find any opposition to the
revocation of the finding. This changed circumstances administrative
review covers all producers and/or exporters of the subject merchandise
and all shipments of this merchandise to the United States.
Scope of the Reviews
Imports covered by this changed circumstances review are
replacement parts for self-propelled bituminous paving equipment,
excluding attachments and parts for attachments. This merchandise is
currently classifiable under Harmonized Tariff Schedule (HTS) item
numbers 4016.93.10, 7315.11.00, 7315.89.50, 7315.90.00, 8336.50.00,
8479.99.00, 8481.20.00, 8482.10.10, 8483.90.90, 8539.29.20, 8544.20.00,
8544.41.00, 8544.51.80, 8544.60.20, and 9015.30.40. The HTS item
numbers are provided for convenience and Customs purposes. The written
description remains dispositive.
Initiation and Preliminary Results of Changed Circumstances Antidumping
Duty Administrative Review, and Intent To Revoke the Finding
The Department's regulations at 19 CFR 353.25(d)(2) require the
Department to conduct a changed circumstances administrative review
under section 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 the Department may revoke an order or revoke an
order in part if it determines that the order under review is no longer
of interest to interested parties. In addition, in the event that the
Department concludes that expedited action is warranted, section
353.22(f)(4) of the regulations permit the Department to combine the
notices of initiation and preliminary results.
Therefore, in accordance with sections 751(d) and 782(h) 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 the petitioner Blaw-Knox, we are
initiating this changed circumstances administrative review. Further,
based on the petitioner's affirmative statement of no further interest
in these proceedings, not opposed by statements of interest by other
domestic interested parties, we determine that expedited action is
warranted, and we preliminarily determine that the finding on
replacement parts for self-propelled bituminous paving equipment from
Canada is no longer of interest to domestic interested parties. Because
we have concluded that expedited action is warranted, we are combining
the notice of initiation and preliminary results.
We are hereby notifying the public of our preliminary determination
to revoke this antidumping duty finding. If this preliminary
determination to revoke this finding is made final, the effective date
of the revocation will be September 1, 1991, the beginning of the
currently pending 1991-92 administrative review.
If final revocation occurs, we intend to instruct the U.S. Customs
Service (Customs) to liquidate without regard to antidumping duties all
entries of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of revocation
in accordance with 19 CFR 353.25(d)(5). We also intend to instruct
Customs to refund with interest any estimated antidumping duties
collected with respect to entries made on or after September 1, 1991,
in accordance with section 778 of the Act. The current requirement for
a cash deposit of estimated antidumping duties will continue until
publication of the final results of this changed circumstances
administrative review.
Public Comment
Interested parties may request a hearing within 10 days of the date
of publication of this notice. Case briefs and/or other written
comments from interested parties may be submitted not later than 14
days after the date of publication of this notice. Rebuttal briefs,
limited to arguments raised in case briefs, may be submitted seven days
after the time limit for filing case briefs. Copies of case briefs and
rebuttal briefs must be served on interested parties in accordance with
section 353.31(e) of the Department's regulations (1994). Persons
interested in attending the hearing should contact the Department for
the date and time of the hearing.
Representatives of parties to the proceeding may request disclosure
of proprietary information under administrative protective order no
later than 10 days after the representative's client or employer
becomes a party to the proceeding, but in no event later than the date
the case briefs, under 19 CFR 353.38(c)(1994), are due. The Department
will publish the final results of this changed circumstances
administrative review and its decision on revocation of this
antidumping duty finding, as well as the results of its analysis of
issues raised in any case or rebuttal brief.
This notice also serves as a preliminary reminder to parties
subject to administrative protective orders (APOs) of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 353.34(d). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to
[[Page 43773]]
comply with the regulations and terms of an APO is a sanctionable
violation.
This notice of changed circumstances administrative review and
intent to revoke are in accordance with sections 751 (b)(1) and (d) of
the Act (19 U.S.C. 1675 (b)(1) and (d) (1995)) and 19 CFR 353.22(f) and
353.25(d) (1994).
Dated: August 16, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-20928 Filed 8-22-95; 8:45 am]
BILLING CODE 3510-DS-P