[Federal Register Volume 64, Number 207 (Wednesday, October 27, 1999)]
[Notices]
[Pages 57863-57865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28061]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-588-028]


Roller Chain, Other Than Bicycle From Japan: Initiation and 
Preliminary Results of Changed Circumstances Review and Intent To 
Revoke Finding, Rescission of Antidumping Duty Administrative Reviews, 
and Termination of Scope Inquiry

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

ACTION: Notice of initiation and preliminary results of changed 
circumstances review and intent to revoke finding, rescission of 
antidumping administrative reviews, and termination of scope inquiry.

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SUMMARY: In response to a request from the petitioner, the American 
Chain Association (``ACA''), the Department of Commerce (``the 
Department'') is initiating a changed circumstances review and issuing 
this notice of preliminary changed circumstances review results and 
intent to revoke the antidumping finding on roller chain from Japan. 
Moreover, because the petitioner is no longer interested in maintaining 
the finding after April 1, 1997, we have preliminarily determinated to 
revoke the finding retroactive to this date. In addition, in response 
to the petitioner's and respondents' withdrawal requests for the 
ongoing 1997-1998 and 1998-1999 administrative reviews, the Department 
is rescinding these administrative reviews of the finding. Finally, we 
are terminating a scope inquiry associated with the 1997-1998 Sugiyama 
Chain Company, Ltd., administrative review.

EFFECTIVE DATE: October 27, 1999.

FOR FURTHER INFORMATION CONTACT: Zev Primor or Tom Futtner, AD/CVD 
Enforcement Group II, Office 4, Import Administration-Room B099, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone 
(202) 482-4114 or (202) 482-3814, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the regulations codified at 19 CFR Part 351 (April 1998).

Background

    On October 13, 1999, the ACA requested that the Department conduct 
a changed circumstances review to revoke the antidumping finding on 
roller chain from Japan retroactive to April 1, 1997. The petitioner 
stated that circumstances have changed such that the petitioner no 
longer has an interest in maintaining the antidumping finding. 
Additionally, the petitioner indicated that it represents virtually all 
roller chain producers in the United States accounting for over 90 
percent of the U.S. roller chain production.

[[Page 57864]]

    The petitioner also requested that, given the pendency of the 
ongoing administrative review of the finding, the Department initiate 
and complete the changed circumstances review on an expedited basis.
    Futhermore, on October 13, 1999, the petitioner filed a withdrawal 
of its request for administrative reviews covering the periods of April 
1, 1997, through March 31, 1998, and April 1, 1998, through March 31, 
1999. Between October 14-18, 1999, Daido Kogyo Company, Ltd. Daido 
Tsusho Company, Ltd, Daido Corporation, Enuma Chain Manufacturing 
Company, Sugiyama Chain Company, Ltd., Izumi Chain Manufacturing 
Company, Ltd., Oriental Chain Company, R.K. Excel Company, Ltd., and 
Tsubakimoto Chain Company, Ltd., the respondents in this proceeding, 
also filed a withdrawal of their requests for administrative reviews 
covering the above-mentioned periods. Additionally, Sugiyama Chain 
Company, Ltd., requested a termination of a scope inquiry associated 
with its 1997-1998 administrative review. Given that the petitioner's 
and respondents' withdrawal and rescission requests were filed after 
the 90-day period for withdrawing a request for a review, the parties 
asked the Department to exercise its regulatory discretion under 19 CFR 
351.213(d)(1) to rescind the above-mentioned reviews.

Scope of Review

    The merchandise subject to this review is roller chain, other than 
bicycle, from Japan. The term ``roller chain, other than bicycle,'' as 
used in this review, includes chain, with or without attachments, 
whether or not plated or coated, and whether or not manufactured to 
American or British standards, which is used for power transmissions 
and/or conveyance. This chain consists of a series of alternately-
assembled roller links and pin links in which the pins articulate 
inside from the bushings and the rollers are free to turn on the 
bushings. Pins and bushings are press fit in their respective link 
plates. Chain may be single strand, having one row of roller link, or 
multiple strand of roller links. Such chain may be either single or 
double pitch and may be used as power transmission or conveyor chain. 
This review also covers leaf chain, which consists of a series of link 
plates alternately assembled with pins in such a way that the joint is 
free to articulate between adjoining pitches. This review further 
covers chain model numbers 25 and 35. Roller chain is currently 
classified under the Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 7315.11.00 through 7619.90.00. Although the HTSUS 
subheadings are provided for convenience and Customs purposes, the 
written description remains dispositive.
    On March 24, 1998, the Department determined that certain models of 
silent timing chain produced and exported by Kaga for use in 
automobiles are outside the scope of the antidumping finding. (See 
Final Scope Ruling: Kaga's Request for Scope Ruling on Automotive 
Silent Timing Chain, March 24, 1998, on file in the Central Records 
Unit (CRU) in room B-099 of the Main Commerce Building).

Initiation and Preliminary Results of Changed Circumstances Review 
and Intent To Revoke Finding

    Pursuant to section 751(d)(1) of the Act, the Department may 
revoke, in whole or in part, an antidumping findings based on a review 
under section 751(b) of the Act (i.e., changed circumstances review). 
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.
    The Department's regulations at 19 CFR 351.216(d) require the 
Department to conduct a changed circumstances review in accordance with 
19 CFR 351.221, if the Department determines that there exist changed 
circumstances sufficient to warrant a review. Section 782(h) of the Act 
and 19 CFR 351.222(g)(10(i) provide further that the Department may 
revoke a finding, in whole or in part, if it concludes that the finding 
under review is no longer of interest to producers accounting for 
substantially all of the production of the domestic like product. In 
addition, in the event that the Department concludes that expedited 
action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to 
combine the notices of initiation and preliminary results.
    The ACA is a domestic interested party as defined by section 
771(9)(E) of the Act and 19 CFR 351.102(b) and was the petitioner in 
the less-than-fair-value (``LTFV'') investigation of this proceeding. 
Based on the ACA's October 13, 1999, submission, we preliminarily 
determine that the ACA represents producers accounting for 
substantially all of the production of the domestic like product. In 
light of the affirmative statement by the ACA of no interest in the 
continued application of the antidumping finding on roller chain from 
Japan, we are initiating this changed circumstances review. Further, 
based on the request by the petitioner and its affirmative statement of 
no interest dating back to April 1, 1997, we have determined that 
expedited action is warranted, and have combined our notices of 
initiation and preliminary results. Moreover, we have preliminarily 
determined that there are changed circumstances sufficient to warrant 
revocation of the finding in whole. Consequently, we are hereby 
notifying the public of our intent to revoke in whole the antidumping 
finding on roller chain from Japan retroactive to April 1, 1997.
    If final revocation of the finding occurs, we intend to instruct 
the Customs Service to end the suspension of liquidation and to refund 
any estimated antidumping duties collected for all unliquidated entries 
of roller chain from Japan on or after April 1, 1997, in accordance 
with 19 CFR 351.222(g)(4). We will also instruct the Customs Service to 
pay interest on such refunds 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 review.

Rescission of Administrative Reviews and Scope Inquiry

    On October 13, 1999, and between October 14-18, 1999, respectively, 
the petitioner and respondents withdrew their requests for 
administrative reviews for the periods April 1, 1997, through March 31, 
1998 and April 1, 1998 through March 31, 1999. These withdrawal 
requests cover all requests received for administrative reviews during 
the 1997-1998 and 1998-1999 review segments. In accordance with 19 CFR 
351.213(d)(1), we are rescinding these reviews because the parties 
withdrew their requests for reviews and no other interested party 
requested that the Japanese respondents be reviewed. Although parties 
to the proceeding did not file their withdrawal requests within 90 days 
of the publication of initiation of the requested review, we are 
exercising the Department's discretion to rescind a review after 90 
days because it is reasonable to do so. In this case, the petitioner 
concomitantly has filed a request for a changed circumstances review 
and revocation of the finding based on a lack of domestic interest 
dating back to April 1, 1997, the month the requests were filed for the 
1997-1998 administrative review. Given the lack of domestic interest 
prior to the date of initiatives of the 1997-1998 review, we have 
determined that it is reasonable to rescind both reviews based on the 
petitioner's and respondents' requests for terminations of these 
reviews. Finally, we are

[[Page 57865]]

terminating a scope inquiry associated with the 1997-1998 
administrative review of Sugiyama Chain Company, Ltd.

Public Comment

    Any interested party may request a hearing within 10 days 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. 
Written comments from interested parties may be submitted not later 
than 14 days after the date of publication of this notice. Rebuttal 
comments to written comments, limited to 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 351.303. 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 notice is in accordance with section 751(b)(1) of the Act and 
19 CFR 351.216 and 351.222.

    Dated: October 21, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-28061 Filed 10-26-99; 8:45 am]
BILLING CODE 3510-DS-M