[Federal Register Volume 65, Number 134 (Wednesday, July 12, 2000)]
[Notices]
[Pages 42988-42989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17647]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-810]


Mechanical Transfer Presses From Japan: Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of Final Results and Partial Recission of the 
Antidumping Duty Administrative Review of Mechanical Transfer Presses 
From Japan.

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SUMMARY: On March 6, 2000, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on mechanical transfer presses (MTPs) from 
Japan. This review covers one manufacturer/exporter of MTPs during the 
period February 1, 1998 through January 31, 1999. We gave interested 
parties an opportunity to comment on our preliminary results.
    Based on our analysis of the comments received, we have made 
certain changes in these margin calculations. Therefore, the final 
results differ from the preliminary results. The final weighted-average 
dumping margin for the reviewed firm is listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: July 12, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Strollo at (202) 482-5255 or 
Maureen Flannery at (202) 482-3020, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    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 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the provisions 
codified at 19 CFR part 351 (1999).

Background

    On March 6, 2000, the Department published the preliminary results 
of administrative review of the antidumping duty order on MTPs from 
Japan (65 FR 11764). We invited parties to comment on our preliminary 
results of review. We received comments from respondent, Komatsu, Ltd. 
(Komatsu). The Department has now completed this administrative review 
in accordance with section 751 of the Act.

Final Recission in Part of Antidumping Administrative Review

    On April 12, 1999, we received a letter from Hitachi Zosen 
indicating that there were no entries of subject merchandise during the 
period of review (POR). On June 28, 1999, the petitioner withdrew its 
request for an administrative review with respect to Ishikawajima 
Harima Heavy Industries (IHI). On August 25, 1999, we requested that 
the U.S. Customs Service (Customs) contact us if they were suspending 
liquidation of entries of the subject merchandise during the period of 
review from Hitachi Zosen Corporation (Hitachi Zosen). We have received 
no such response. Therefore, we conclude that there have been no 
entries of subject merchandise made by Hitachi Zosen during the POR, 
and, thus, are rescinding the review with respect to Hitachi Zosen and 
IHI. See Mechanical Transfer Presses from Japan: Preliminary Results 
and Recission in Part of Antidumping Duty Administrative Review, March 
6, 2000 (65 FR 11764).

Scope of Review

    Imports covered by this review include MTPs currently classifiable 
under Harmonized Tariff Schedule

[[Page 42989]]

(HTS) item numbers 8462.99.0035 and 8466.94.5040. The HTS subheadings 
are provided for convenience and Customs purposes only. The written 
description of the scope of this order is dispositive.
    The term ``mechanical transfer presses'' refers to automatic metal-
forming machine tools with multiple die stations in which the work 
piece 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 imported 
assembled or unassembled. This review does not cover certain parts and 
accessories, which were determined to be outside the scope of the 
order. (See ``Final Scope Ruling on Spare and Replacement Parts,'' U.S. 
Department of Commerce, March 20, 1992; and ``Final Scope Ruling on the 
Antidumping Duty Order on Mechanical Transfer Presses (MTPs) from 
Japan: Request by Komatsu, Ltd.,'' U.S. Department of Commerce, October 
3, 1996.)

Analysis of Comments Received

    All issues raised in Komatsu's case brief in this administrative 
review are addressed in the ``Issues and Decision Memorandum'' 
(Decision Memo) from Joseph A. Spetrini, Deputy Assistant Secretary for 
AD/CVD Enforcement Group III, Import Administration, to Troy H. Cribb, 
Acting Assistant Secretary for Import Administration, dated July 5, 
2000, which is hereby adopted by this notice. A list of the issues 
which Komatsu has raised and to which we have responded, all of which 
are in the Decision Memo, is attached to this notice as an Appendix. A 
complete discussion of all issues raised in this review and the 
corresponding recommendations are in the public memorandum which is on 
file in the Central Records Unit, located in the Central Records Unit, 
room B-099 of the main Department of 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.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. These changes are discussed in the 
relevant sections of the Decision Memo, accessible in B-099 and on the 
Web at www.ita.doc.gov/import_admin/records/frn/.

Final Results of Review

    We determine that the following percentage weighted-average margin 
exists for the period February 1, 1998 through January 31, 1999:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Komatsu, Ltd...............................................         0.00
------------------------------------------------------------------------

    Because the weighted-average dumping margin is zero, we will 
instruct the Customs Service to liquidate entries made during this 
review period without regard to antidumping duties for the subject 
merchandise that Komatsu exported.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of MTPs from Japan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for 
the reviewed company will be the rate shown above; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 14.51 percent. This rate 
is the ``All Others'' rate from the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: July 5, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix

List of Issues

1. Deduction of Movement Expenses from Starting Price
2. Double-Counting of Marine Insurance Expenses
3. Transfer Price vs. Cost for Movement and Packing Expenses

[FR Doc. 00-17647 Filed 7-11-00; 8:45 am]
BILLING CODE 3510-DS-P