[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Notices]
[Pages 54994-54996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23396]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-802; A-475-802; A-599-802; A-588-807]


Revocation of the Antidumping Duty Orders on Industrial Belts 
From Germany, Italy, Singapore, and Japan

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

ACTION: Notice of revocation of antidumping duty orders on industrial 
belts from Germany, Italy, Singapore, and Japan.

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SUMMARY: On December 30, 1999, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of 
1930, as amended (``the Act''), determined that revocation of the 
antidumping duty orders on industrial belts from Germany, Italy, 
Singapore, and Japan would be likely to lead to continuation or 
recurrence of dumping. See Final Results of Expedited Sunset Reviews: 
Industrial Belts from Germany, Italy, Singapore, and Japan (``Final 
Results''), 64 FR 73511 (December 30, 1999). On August 30, 2000, the 
International Trade Commission (''the Commission''), pursuant to 
section 751(c) of the Act, determined that revocation of the above 
antidumping duty orders on industrial belts from Germany, Italy, 
Singapore, and Japan would not be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Certain Industrial Belts from 
Germany, Italy, Japan, and Singapore (``ITC Final Results''), 65 FR 
52785 (August 30, 2000). Therefore, pursuant to 19 CFR 351.222(i)(1), 
the Department is publishing this notice of the revocation of the 
antidumping duty orders on industrial belts from Germany, Italy, 
Singapore, and Japan.

EFFECTIVE DATE: January 1. 2000.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or James Maeder, 
Office of Policy for Import

[[Page 54995]]

Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Ave., NW., Washington, D.C. 
20230; telephone: (202) 482-1930 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION

Background

    On June 1, 1999, the Department initiated (64 FR 73511), and the 
Commission instituted (64 FR 29342), sunset reviews of the antidumping 
duty orders on industrial belts from Germany, Italy, Singapore, and 
Japan. As a result of its reviews, the Department found that revocation 
of the antidumping duty orders would likely lead to continuation or 
recurrence of dumping, and notified the Commission of the magnitude of 
the margins were the orders revoked.
    On August 30, 2000, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty orders on 
industrial belts from Germany, Italy, Singapore, and Japan would not be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time. See 
ITC Final Results, 65 FR 48733 (August 9, 2000), and USITC Publication 
3341 (August 2000), Investigation Nos. 731-TA-413-415 and 419 (Review).

Scope of the Orders

    The merchandise covered by the antidumping duty order on Germany 
includes industrial belts other than V-belts and synchronous belts used 
for power transmission, in part or wholly of rubber or plastic, and 
containing textile fiber (including glass fiber) or steel wire, cord or 
strand, and whether in endless (i.e., closed loops) belts, or in 
belting in lengths or links from Germany and Japan.\1\ The antidumping 
duty order on imports from Italy covers industrial V-belts and 
synchronous belts and components used for power transmission, in part 
or wholly of rubber or plastic, and containing textile fiber (including 
glass fiber) or steel wire, cord or strand, and whether in endless 
(i.e., closed loops) belts, or in belting in length or links.\2\ The 
antidumping duty order on imports from Singapore includes industrial V-
Belts used for power transmission. These include industrial V-belts, in 
part or wholly of rubber or plastic, and containing textile fiber 
(including glass fiber) or steel wire, cord or strand, and whether in 
endless (i.e., closed loops) belts, or in belting in lengths or 
links.\3\ The antidumping duty order on imports from Japan covers 
industrial V-belts and synchronous belts and other industrial belts, in 
part or wholly of rubber or plastic, and containing textile fiber 
(including glass fiber) or steel wire, cord or strand, and whether in 
endless (i.e., closed loops) belts, or in belting in lengths or 
links.\4\
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    \1\ See Antidumping Duty Order of Sales at Less Than Fair Value; 
Industrial Belts and Components and Parts Thereof, Whether Cured on 
Uncured, From the Federal Republic of Germany, 54 FR 25316 (March 
17, 1991), and Antidumping Duty Order of Sales at Less Than Fair 
Value; Industrial Belts and Components and Parts Thereof, Whether 
Cured or Uncured, From Japan, 54 FR 25314 (June 14, 1989).
    \2\ See Antidumping Duty Order of Sales at Less Than Fair Value; 
Industrial Belts and Components and Parts Thereof, Whether Cured or 
Uncured, From Italy, 54 FR 25313 (June 14, 1989).
    \3\ See Antidumping Duty Order of Sales at Less Than Fair Value; 
Industrial Belts and Components and Parts Thereof, Whether Cured or 
Uncured, From Singapore, 54 FR 25315 (June 14, 1989).
    \4\ See Industrial Belts and Components and Parts Thereof, 
Whether Cured or Uncured, From Japan; Final Results of Antidumping 
Duty Administrative Review, 60 FR 39929 (August 4, 1995).
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    The above orders exclude conveyor belts and automotive belts as 
well as front engine drive belts found on equipment powered by internal 
combustion engines, including trucks, tractors, buses and lift trucks.
    The subject merchandise was classifiable under Tariff Schedules of 
the United States Annotated (``TSUSA'') item numbers 358.0210, 
358.0290, 358.0610, 358.0690, 358.0800, 358.0900, 358.1100, 358.1400, 
358.1600, 657.2520, 773.3510, and 773.3520 in the orders for all four 
countries. Currently, subject merchandise is classifiable under item 
numbers 3926.90.55, 3926.90.56, 3926.90.57, 3926.90.59, 3926.90.60, 
4010.10.10, 4010.10.50, 4010.91.11, 4010.91.15, 4010.91.19, 4010.91.50, 
4010.99.11, 4010.99.15, 4010.99.19, 4010.99.50, 5910.00.10, 5910.00.90, 
and 7326.20.00 of the Harmonized Tariff Schedule of the United States 
(``HTSUS'').\5\
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    \5\ Subject merchandise from Germany excludes item numbers 
3926.90.55, 4010.10.10, and 4010.10.50; subject merchandise from 
Singapore excludes item numbers 3926.90.56, 3926.90.57, 3926.90.59, 
3926.90.60, 4010.91.11, 4010.91.15, 4010.91.19, 4010.99.11, 
4010.99.15, 4010.99.19, and 4010.99.50.
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    In its substantive response, The Gates Rubber Company (''Gates'') 
asserts that the HTSUS subheading of Chapter 40 were significantly 
revised in 1996, and, as a result, the products covered by the orders 
became classifiable under HTSUS numbers 3626.90.55, 3926.90.56, 
3926.90.57, 3926.90.59, 3926.90.60, 4010.21.30, 4010.21.60, 4010.22.30, 
4010.22.60, 4010.23.30, 4010.23.41, 4010.23.45, 4010.23.50, 4010.23.90, 
4010.24.30, 4010.24.41, 4010.24.45, 4010.24.50, 4010.24.90, 4010.29.10, 
4010.29.20, 4010.29.30, 4010.29.41, 4010.29.45, 4010.29.50, 4010.29.90, 
5910.00.10, 5910.00.90, and 7326.20.00.\6\ U.S. Customs officials 
confirmed the accuracy of the HTSUS numbers for subject merchandise 
suggested by Gates.\7\ However, the above HTSUS and TSUSA subheadings 
are provided for convenience and customs purposes only and the written 
description remains dispositive.
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    \6\ According to Gates, subject merchandise from Germany 
excludes item numbers 3926.90.55, 4010.21.30, 4010.21.60, 
4010.22.30, 4010.22.60, 4010.23.30, 4010.23.41, 4010.23.45, 
4010.23.50, 4010.23.90, 4010.24.30, 4010.24.41, 4010.24.45, 
4010.24.50, 4010.24.90, 4010.29.10, and 4010.29.20 (see July 1, 
1999, Substantive Response of Gates at 3); and subject merchandise 
from Singapore excludes item numbers 3926.90.56, 3926.90.57, 
3926.90.59, 4010.23.30, 4010.23.41, 4010.23.45, 4010.23.50, 
4010.23.90, 4010.24.30, 4010.24.41, 4010.24.45, 4010.24.50, 
4010.24.90, 4010.29.30, 4010.29.41, 4010.29.45, 4010.29.50, 
4010.29.90 for imports (see July 1, 1999, Substantive Response of 
Gates at 3).
    \7\ See December 23, 1999, Memo to File of telephone 
conversation with George Barthes, U.S. Customs official, regarding 
new HTSUS numbers for industrial belts.
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    The Department has made the following scope rulings for the orders 
on imports from Germany, Italy, and Japan:
    With respect to the order on subject imports from Germany, the 
Department's sole administrative review clarified that the scope of the 
order includes round belts and flat belts (56 FR 9672, March 7, 1991). 
Additionally, the Department determined in a 1991 scope ruling that the 
scope of the order includes nylon core flat belts and excludes spindle 
belting.\8\
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    \8\ See Scope Rulings, 56 FR 57320 (November 8, 1991).
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    With respect to the order on subject imports from Italy, the 
Department, in the February 24, 1993, Scope Ruling, determined that 
``Panther'' industrial belts from Pirelli Power Corp. are within the 
scope of the order (58 FR 11209).
    With respect to the order on subject imports from Japan, the 
Department has made several scope rulings. The following products were 
determined to be within the scope of the order:

[[Page 54996]]



------------------------------------------------------------------------
      Product within scope             Importer            Citation
------------------------------------------------------------------------
V-volt model 5L118..............  Japan Freight       57 FR 16602 (May
                                   Consolidators       7, 1992).
                                   (Calif.), Inc.
Closed loop synthetic timing      Tower Group         58 FR 47124 (Sept.
 belt used in the Epson LX-800     International,      7, 1993).
 desk-top personal computer        Inc. and Epson
 printer.                          America, Inc.
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    The following products were determined to be not within the scope 
of the order:

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      Product outside scope            Importer            Citation
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59011 series of belts...........  Kawasaki Motors     57 FR 19692 (May
                                   Corp., USA.         7, 1992).
Certain round and flat belts      Matsushita          57 FR 57420
 which are composed of rubber or   Electric Corp.,     (December 4,
 plastics but are not reinforced   Matsushita Floor    1992).
 with a tensile member.            Care Company and
                                   Panasonic Company.
Conveyor Belts of five-series     Nitta Industries    58 FR 59991 (Nov.
 comprised of 30 models.           Corp., and Nitta    12, 1993).
                                   International,
                                   Inc.
Eight-drive and blade belts.....  Honda Power         62 FR 30569 (June
                                   Equipment           4, 1997).
                                   Manufacturing Inc.
Twenty-two drive and blade belts  American Honda      62 FR 30569 (June
                                   Motor Co.           4, 1997).
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Determination

    As a result of the determination by the Commission that revocation 
of the antidumping duty orders on industrial belts from Germany, Italy, 
Singapore, and Japan would not be likely to lead to continuation or 
recurrence of material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act, the Department hereby orders 
the revocation of the antidumping duty orders on industrial belts from 
Germany, Italy, Singapore, and Japan. The Department will instruct the 
Customs Service to discontinue suspension of liquidation and collection 
of cash deposits, and to refund any cash deposits collected, on entries 
of subject merchandise entered or withdrawn from warehouse on or after 
January 1, 2000 (the effective date). The Department will complete any 
pending administrative reviews of these orders and will conduct 
administrative reviews of subject merchandise entered prior to the 
effective date of revocation in response to appropriately filed 
requests for review.

    Dated: September 6, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-23396 Filed 9-11-00; 8:45 am]
BILLING CODE 3510-DS-P