[Federal Register Volume 61, Number 172 (Wednesday, September 4, 1996)]
[Notices]
[Pages 46621-46622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22677]
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DEPARTMENT OF COMMERCE
[A-588-837]
Notice of Antidumping Duty Order and Amended Final Determination
of Sales at Less Than Fair Value: Large Newspaper Printing Presses and
Components Thereof, Whether Assembled or Unassembled, from Japan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 4, 1996.
FOR FURTHER INFORMATION CONTACT: William Crow at (202) 482-0116 or
Irene Darzenta at (202) 482-6320, Office of Antidumping/Countervailing
Duty Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 by the Uruguay
Round Agreements Act (URAA).
Amended Final Determination
In accordance with section 735(a) of the Tariff Act of 1930, as
amended (the Act), on July 15, 1996, the Department made its final
determination that large newspaper printing presses (LNPPs) and
components thereof from Japan are being, or are likely to be, sold in
the United States at less than fair value (61 FR 38139, July 23, 1996).
Subsequent to the final determination, on July 27, 1996, we received a
submission, timely filed pursuant to 19 CFR 353.28(b), from Mitsubishi
Heavy Industries Ltd. (MHI), alleging ministerial errors in the
Department's final determination. We also received comments from the
petitioner rebutting MHI's allegations on August 2, 1996.
We determine, in accordance with 19 CFR 353.28(d), that ministerial
errors were made in our margin calculations for MHI. Specifically, we
inadvertently: (1) overstated the amount of the outstanding payment on
the Guard sale in our calculations; (2) did not take into account the
reduction in the sales price for the outstanding payment in the
calculation of imputed credit; (3) incorporated the total costs from
our preliminary determination imputed interest schedules instead of our
final determination interest schedules in the calculation of imputed
interest on SG&A; and (4) included the interest income associated with
the commission on the Guard sale in the schedule of payments used in
the calculation of imputed credit, while we excluded this amount from
the commission deducted from the constructed export price. For a
detailed discussion of the above-cited ministerial errors and the
Department's analysis, see Memorandum from The Team to Susan Kuhbach,
dated August 12, 1996. In accordance with 19 CFR 353.28(c), we are
amending the final determination of the antidumping duty investigation
of LNPPs from Japan to correct these ministerial errors. The revised
final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Original Revised
Manufacturer/producer exporter margin margin
percentage percentage
------------------------------------------------------------------------
Mitsubishi Heavy Industries, Ltd................ 62.96 62.26
Tokyo Kikai Seisakusho, Ltd..................... 56.28 56.28
All Others...................................... 58.97 58.69
------------------------------------------------------------------------
Scope of Order
The products covered by this investigation are large newspaper
printing presses, including press systems, press additions and press
components, whether assembled or unassembled, whether complete or
incomplete, that are capable of printing or otherwise manipulating a
roll of paper more than two pages across. A page is defined as a
newspaper broadsheet page in which the lines of type are printed
perpendicular to the running of the direction of the paper or a
newspaper tabloid page with lines of type parallel to the running of
the direction of the paper.
[[Page 46622]]
In addition to press systems, the scope of this investigation
includes the five press system components. They are:
(1) a printing unit, which is any component that prints in
monocolor, spot color and/or process (full) color;
(2) a reel tension paster, which is any component that feeds a roll
of paper more than two newspaper broadsheet pages in width into a
subject printing unit;
(3) a folder, which is a module or combination of modules capable
of cutting, folding, and/or delivering the paper from a roll or rolls
of newspaper broadsheet paper more than two pages in width into a
newspaper format;
(4) conveyance and access apparatus capable of manipulating a roll
of paper more than two newspaper broadsheet pages across through the
production process and which provides structural support and access;
and
(5) a computerized control system, which is any computer equipment
and/or software designed specifically to control, monitor, adjust, and
coordinate the functions and operations of large newspaper printing
presses or press components.
A press addition is comprised of a union of one or more of the
press components defined above and the equipment necessary to integrate
such components into an existing press system.
Because of their size, large newspaper printing press systems,
press additions, and press components are typically shipped either
partially assembled or unassembled, complete or incomplete, and are
assembled and/or completed prior to and/or during the installation
process in the United States. Any of the five components, or collection
of components, the use of which is to fulfill a contract for large
newspaper printing press systems, press additions, or press components,
regardless of degree of assembly and/or degree of combination with non-
subject elements before or after importation, is included in the scope
of this investigation. Also included in the scope are elements of a
LNPP system, addition or component, which taken altogether, constitute
at least 50 percent of the cost of manufacture of any of the five major
LNPP components of which they are a part.
For purposes of this investigation, the following definitions apply
irrespective of any different definition that may be found in Customs
rulings, U.S. Customs law or the HTSUS: the term ``unassembled'' means
fully or partially unassembled or disassembled; and (2) the term
``incomplete'' means lacking one or more elements with which the LNPP
is intended to be equipped in order to fulfill a contract for a LNPP
system, addition or component.
This scope does not cover spare or replacement parts. Spare or
replacement parts imported pursuant to a LNPP contract, which are not
integral to the original start-up and operation of the LNPP, and are
separately identified and valued in a LNPP contract, whether or not
shipped in combination with covered merchandise, are excluded from the
scope of this investigation. Used presses are also not subject to this
scope. Used presses are those that have been previously sold in an
arm's length transaction to a purchaser that used them to produce
newspapers in the ordinary course of business.
Further, this investigation covers all current and future printing
technologies capable of printing newspapers, including, but not limited
to, lithographic (offset or direct), flexographic, and letterpress
systems. The products covered by this investigation are imported into
the United States under subheadings 8443.11.10, 8443.11.50, 8443.30.00,
8443.59.50, 8443.60.00, and 8443.90.50 of the HTSUS. Large newspaper
printing presses may also enter under HTSUS subheadings 8443.21.00 and
8443.40.00. Large newspaper printing press computerized control systems
may enter under HTSUS subheadings 8471.49.10, 8471.49.21, 8471.49.26,
8471.50.40, 8471.50.80, and 8537.10.90. Although the HTSUS subheadings
are provided for convenience and Customs purposes, our written
description of the scope of this investigation is dispositive.
Antidumping Duty Order
On August 28, 1996, the U.S. International Trade Commission (ITC)
notified the Department of its final determination, pursuant to section
735(b)(1)(A)(ii) of the Act, that an industry in the United States is
threatened with material injury by reason of imports of the subject
merchandise from Japan. The ITC did not determine, pursuant to section
735(b)(4)(B) of the Act, that, but for the suspension of liquidation of
entries of the subject merchandise, the domestic industry would have
been materially injured.
When the ITC finds threat of material injury, and makes a negative
``but for'' finding, the ``Special Rule'' provision of section
736(b)(2) applies. Therefore, only unliquidated entries of LNPP from
Japan entered or withdrawn from warehouse, for consumption on or after
the date on which the ITC published its notice of final determination
of threat of material injury in the Federal Register are liable for the
assessment of antidumping duties.
Accordingly, the Department will direct the Customs Service to
terminate the suspension of liquidation of entries of LNPP imported
from Japan, entered or withdrawn from warehouse, for consumption before
the date on which the ITC published its notice of final determination
of threat of material injury in the Federal Register, and to release
any bond or other security, and refund any cash deposit, posted to
secure the payment of estimated antidumping duties with respect to
these entries.
In accordance with section 736(a)(1) of the Act, the Department
will direct U.S. Customs officers to assess, upon further advice by the
administering authority, antidumping duties equal to the amount by
which the normal value of merchandise exceeds constructed export price
of all relevant entries of LNPP from Japan. U.S. Customs officers must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the estimated
weighted-average antidumping duty margins noted below. The ``All
Others'' rate listed applies to all Japanese exporters of LNPP not
specifically listed below.
The ad valorem weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Revised
Manufacturer/producer/exporter margin
percentage
------------------------------------------------------------------------
Mitsubishi Heavy Industries, Ldt............................ 62.26
Tokyo Kikai Seisakusho, Ltd................................. 56.28
All Others.................................................. 58.69
------------------------------------------------------------------------
This notice constitutes the antidumping duty order with respect to
LNPPs from Japan, pursuant to section 736(a) of the Act. Interested
parties may contact the Central Records Unit, Room B-099 of the Main
Commerce Building, for copies of an updated list of antidumping duty
orders currently in effect.
This order is published pursuant to section 736(a) of the Act (19
USC 1673e(a)) and 19 CFR 353.21.
Dated: August 30, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-22677 Filed 9-3-96; 8:45 am]
BILLING CODE 3510-DS-P