[Federal Register Volume 65, Number 86 (Wednesday, May 3, 2000)]
[Notices]
[Pages 25705-25706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10926]



[[Page 25705]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-810]


Final Results of Full Sunset Review: Mechanical Transfer Presses 
From Japan

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

ACTION: Notice of final results of full sunset review: Mechanical 
transfer presses from Japan.

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SUMMARY: On January 6, 2000, the Department of Commerce (``the 
Department'') published in the Federal Register (65 FR 753) the 
preliminary results of the full sunset review of the antidumping duty 
order on mechanical transfer presses from Japan (``MTP'') pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). We 
provided interested parties an opportunity to comment on our 
preliminary results and received comments filed on behalf of domestic 
and respondent interested parties. As a result of this review, the 
Department finds that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping at the levels 
indicated in the Final Results of Review section of this notice.

EFFECTIVE DATE: May 3, 2000.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Carole A. 
Showers, Office of Policy for Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th St. & 
Constitution, NW, Washington, D.C. 20230; telephone: (202) 482-5050 or 
(202) 482-3217, respectively.

Statute and Regulations

    This review was conducted pursuant to sections 751(c) and 752 of 
the Act. The Department's procedures for the conduct of sunset reviews 
are set forth in Procedures for Conducting Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) (``Sunset Regulations'') and in 19 CFR Part 351 (1999) 
in general. Guidance on methodological or analytical issues relevant to 
the Department's conduct of sunset reviews is set forth in the 
Department's Policy Bulletin 98:3--Policies Regarding the Conduct of 
Five-year (``Sunset'') Reviews of Antidumping and Countervailing Duty 
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

Background

    On January 6, 2000, the Department published in the Federal 
Register the Preliminary Results of Full Sunset Review: Mechanical 
Transfer Presses from Japan (65 FR 753). In our preliminary results, we 
found that revocation of the antidumping duty order on MTPs from Japan 
would be likely to lead to continuation or recurrence of dumping 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act'').
    On February 15, 2000 we received case briefs on behalf of the 
domestic interested parties, Verson Division of Allied Products, Inc. 
(``Verson''), and the respondent interested parties, Komatsu Ltd, and 
Komatsu American Industries LLC (``Komatsu''), and Hitachi Zosen 
Corporation and Hitachi Zosen Fukui Corporation (``HZFukui'') 
(collectively ``the respondents''), within the deadline specified in 19 
CFR 351.309(c)(1)(i). On February 22, 2000, within the deadline 
specified in 19 CFR 351.309(d)(1), the Department received rebuttal 
comments from the domestic and the respondent interested parties. The 
Department did not receive request for a public hearing. We have 
addressed the comments below.

Scope

    The merchandise covered by this order is MTPs from Japan. The term 
``mechanical transfer press'' refers to automatic metal-forming machine 
tools with multiple die stations in which the workpiece is moved from 
station to station by a transfer mechanism designed as an integral part 
of the press and synchronized with the press action, whether imported 
as machines or parts suitable for use solely or principally with these 
machines. These presses may be assembled or unassembled.
    The Department published in the Federal Register several Notices of 
Scope Rulings with respect to MTPs from Japan and determined that, (1) 
spare and replacement parts are outside the scope of the order (see 
Notice of Scope Rulings, 57 FR 19602 (May 7, 1992)), (2) a destack 
sheet feeder designed to be used with a mechanical transfer press is an 
accessory and, therefore, is not within the scope of the order (see 
Notice of Scope Rulings, 57 FR 32973 (July 24, 1992)), (3) the FMX cold 
forging press is within the scope of the order (see Notice of Scope 
Rulings, 59 FR 8910 (February 24, 1994)), and (5) certain mechanical 
transfer press parts exported from Japan are outside the scope of the 
order (see Notice of Scope Rulings, 62 FR 9176 (February 28, 1997)). 
This merchandise is currently classifiable under Harmonized Tariff 
Schedule of the United States (``HTSUS'') item numbers 8462.99.0035 and 
8466.94.5040. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description remains 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office 
of Policy, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated April 26, 2000, which is 
hereby adopted by this notice. The issues discussed in the attached 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margin likely to prevail were the 
order revoked. Parties can find a complete discussion of all issues 
raised in this review and the corresponding recommendations in this 
public memorandum which is on file in the Central Records Unit, room B-
099, of the main Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import--admin/records/
frn. The paper copy and electronic version of the Decision Memo are 
identical in content.

Final Results of Review

    As a result of this review, the Department finds that revocation of 
the antidumping duty order would be likely to lead to continuation or 
recurrence of dumping. As such, the Department will report to the 
Commission the company-specific and ``all other'' rates from the 
original investigation listed below.

------------------------------------------------------------------------
           Manufacturer/exporter                   Margin (percent)
------------------------------------------------------------------------
Komatsu....................................  15.16
Aida Engineering, Ltd......................  Revoked
All Others.................................  14.51
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    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305 of the Department's regulations. 
Timely notification of return or destruction of APO material or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this determination and notice in 
accordance

[[Page 25706]]

with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: April 26, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-10926 Filed 5-2-00; 8:45 am]
BILLING CODE 3510-DS-P