[Federal Register Volume 61, Number 172 (Wednesday, September 4, 1996)]
[Notices]
[Pages 46623-46624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22678]



[[Page 46623]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
[A-428-821]


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 Germany

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 Germany is being, or is likely to be, sold in 
the United States at less than fair value (61 FR 38166, July 23, 1996). 
Subsequent to the final determination, on July 29, 1996, we received a 
submission, timely filed pursuant to 19 CFR 353.28(b), from the 
petitioner, alleging ministerial errors in the Department's final 
determination. We also received such allegations from MAN Roland 
Druckmaschinen AG (MRD) on August 5, 1996. In addition, we received 
comments from the petitioner rebutting MRD's allegations on August 12, 
1996.
    We determine, in accordance with 19 CFR 353.28(d), that ministerial 
errors were made in our margin calculations for MRD. Specifically, we 
failed to exclude from our calculations for the Fargo and Global sales, 
certain non-subject parts (i.e., imported parts which did not 
constitute at least 50 percent of the cost of manufacture of the LNPP 
component of which they are a part). We also incorrectly calculated the 
indirect selling expenses incurred in Germany for the Global sale. For 
a detailed discussion of the above-cited ministerial errors and the 
Department's analysis, see Memorandum for Susan Kuhbach from Neal 
Halper, et al., dated August 15, 1996. In accordance with 19 CFR 
353.28(c), we are amending the final determination of the antidumping 
duty investigation of LNPPs from Germany to correct these ministerial 
errors. The revised final weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                   Original     Revised 
         Manufacturer/producer exporter             margin      margin  
                                                  percentage  percentage
------------------------------------------------------------------------
MAN Roland Druckmaschinen AG....................      30.80       30.72 
Koenig Bauer-Albert AG..........................      46.40       46.40 
All Others......................................      30.80       30.72 
------------------------------------------------------------------------

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.
    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

[[Page 46624]]

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 Germany. 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 
Germany 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 Germany, 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 Germany. 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 German exporters of LNPP not 
specifically listed below.
    The ad valorem weighted-average dumping margins are as follows :

------------------------------------------------------------------------
                                                                Revised 
               Manufacturer/producer/exporter                   margin  
                                                              percentage
------------------------------------------------------------------------
MAN Roland Druckmaschinen AG................................       30.72
Koenig Bauer-Albert AG......................................       46.40
All Others..................................................        3.72
------------------------------------------------------------------------

    Any securities posted on entries of elements relevant to MAN 
Roland's Charlotte contract shall be refunded or canceled.
    This notice constitutes the antidumping duty order with respect to 
LNPPs from Germany, 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. 96-22678 Filed 9-3-96; 8:45 am]
BILLING CODE 3510-DS-P