[Federal Register Volume 65, Number 98 (Friday, May 19, 2000)]
[Notices]
[Page 31879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12677]



[[Page 31879]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-588-837)


Notice of Court Decision: Large Newspaper Printing Presses and 
Components Thereof, Whether Assembled or Unassembled, From Japan

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

ACTION: Notice.

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

SUMMARY: In a suit challenging the Department of Commerce's antidumping 
duty investigation of large newspaper printing presses and components 
thereof, whether assembled or unassembled, from Japan, the Court of 
International Trade has affirmed the Department of Commerce's remand 
determination and entered final judgment. See Mitsubishi Heavy 
Industries, Ltd., et al., v. United States, Consol. Court No. 96-10-
02292, Slip Op. 00-45 (CIT April 26, 2000). This decision was not in 
harmony with the Department of Commerce's original final determination. 
As a result, the revised antidumping duty margin for Mitsubishi Heavy 
Industries, Ltd. is 59.67 percent. The revised antidumping duty margin 
for Tokyo Kikai Seisakusho, Ltd., is 51.97 percent. The revised ``All 
Others'' rate is 55.05 percent.
    Consistent with the decision of the Court of Appeals for the 
Federal Circuit in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990), the Department of Commerce will direct the Customs Service to 
change the cash deposit rate being used in connection with the 
suspension of liquidation of the subject merchandise once there is a 
``final and conclusive'' decision in this case.

EFFECTIVE DATE: May 19, 2000.

FOR FURTHER INFORMATION CONTACT: Irene Darzenta Tzafolias at (202) 482-
0922, or David J. Goldberger at (202) 482-4136, 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.

SUPPLEMENTARY INFORMATION:

Background

    On July 23, 1996, the Department of Commerce (the Department) 
published notice of its final determination of the less-than-fair-value 
(LTFV) investigation of large newspaper printing presses and components 
thereof, whether assembled or unassembled (LNPP), from Japan. See 
Notice of Final Determination of Sales at Less Than Fair Value: Large 
Newspaper Printing Presses and Components Thereof, Whether Assembled or 
Unassembled, from Japan, 61 FR 38139 (July 23, 1996). In the final 
determination of the LTFV investigation, the Department established a 
final dumping margin of 62.96 percent ad valorem for Mitsubishi Heavy 
Industries, Ltd. (MHI), 56.28 percent ad valorem for Tokyo Kikai 
Seisakusho, Ltd., (TKS) and 58.97 percent ad valorem for ``All 
Others.'' On September 4, 1996, the Department published an antidumping 
duty order correcting ministerial errors made in the final 
determination and instructing the Customs Service to collect cash 
deposits at the rate of 62.26 percent ad valorem for MHI, 56.28 percent 
ad valorem for TKS, and 58.69 percent ad valorem for ``All Others.'' 
See 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, 61 FR 
46621 (September 4, 1996).
    Following publication of the Department's antidumping duty order, 
respondents MHI and TKS and the petitioner, Goss Graphic System, Inc., 
filed a lawsuit with the Court of International Trade (CIT) challenging 
various aspects of the Department's final determination of the LTFV 
investigation. In its first decision in this case on June 23, 1998, 
Mitsubishi Heavy Industries, Ltd. v. United States, 15 F. Supp. 2d 807 
(CIT 1998), the CIT issued an order remanding several issues to the 
Department. As part of its remand determination filed on December 21, 
1998, the Department revised its calculation of certain indirect 
selling expenses, resulting in revised margins for the respondents. See 
September 17, 1998, Final Results of Redetermination Pursuant to Court 
Remand at 1-4. In Mitsubishi Heavy Industries, v. United States, 54 F. 
Supp. 2d 1183 (CIT 1999), the CIT ordered a second remand determination 
in order for the Department to further explain its foreign like product 
determination. No additional recalculations were required in the 
Department's second redetermination, and the CIT has now affirmed the 
redetermination and issued final judgment.
    As a result, the revised antidumping duty margin for MHI is 59.67 
percent. The revised antidumping duty margin for TKS is 51.97 percent. 
The revised ``All Others'' rate is 55.05 percent.

Suspension of Liquidation

    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the Court of Appeals for the Federal Circuit 
(CAFC) held that the Department must publish notice of a decision of 
the CIT or the CAFC which is not in harmony with the Department's 
determination. Publication of this notice fulfills this obligation. The 
CAFC also held that the Department must suspend liquidation of the 
subject merchandise until there is a ``final and conclusive'' decision 
on the case. Therefore, pursuant to Timken, the Department must 
continue to suspend liquidation of the subject merchandise pending the 
expiration of the period to appeal the CIT's April 26, 2000 ruling, or 
if that ruling is appealed, pending a final decision by the CAFC. 
However, because entries of the subject merchandise continue to be 
suspended pursuant to the antidumping duty order in effect (the 
Department is conducting an administrative review for the 1998-1999 
period), the Department need not send additional instructions to the 
Customs Service to suspend liquidation. Further, consistent with 
Timken, the Department will order the Customs Service to change the 
relevant cash deposit rates in the event that the CIT's ruling is not 
appealed or the CAFC issues a final decision affirming the CIT's 
ruling.

    Dated: May 12, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-12677 Filed 5-18-00; 8:45 am]
BILLING CODE 3510-DS-P