[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Notices]
[Pages 14547-14548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6224]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-841]


Vector Supercomputers From Japan: Notice of Initiation and 
Preliminary Results of Changed Circumstances Review of the Antidumping 
Order and Intent To Revoke Order

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

ACTION: Notice of initiation and preliminary results of changed 
circumstances antidumping duty review, and intent to revoke order.

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SUMMARY: In accordance with 19 CFR 351.216(b), Cray Inc. (``Cray'') 
filed a request for changed circumstances review of the antidumping 
order on vector supercomputers from Japan. Domestic producers of the 
like product have expressed no interest in continuation of the order 
with respect to these particular vector supercomputers. In response to 
Cray's request, the Department of Commerce (``the Department'') is 
initiating a changed circumstances review with respect to the request 
and issuing a notice of intent to revoke the antidumping duty order on 
vector supercomputers from Japan. Interested parties are invited to 
comment on these preliminary results.

EFFECTIVE DATE: March 13, 2001.

FOR FURTHER INFORMATION CONTACT: Mark Young, AD/CVD Enforcement, Office 
VI, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
6397.

The Applicable Statute and Regulations

    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 
regulations as codified at 19 CFR part 351 (2000).

SUPPLEMENTARY INFORMATION:

Background

    On February 27, 2001, Cray requested that the Department conduct a 
changed circumstances review and revoke the antidumping duty order on 
vector supercomputers from Japan, retroactive to October 1, 2000. In 
their February 27, 2001 request, Cray claims that it is the only U.S. 
producer of vector supercomputers and was the sole petitioner in the 
antidumping investigation that led to the antidumping order. Further, 
Cray states that it no longer has an interest in maintaining this 
order.

Scope of Review

    The scope of this order consists of all vector supercomputers, 
whether new or used, and whether in assembled or unassembled form, as 
well as vector supercomputer spare parts, repair parts, upgrades, and 
system software, shipped to fulfill the requirements of a contract 
entered into on or after October 16, 1997, for the sale and, if 
included, maintenance of a vector supercomputer. A vector supercomputer 
is any computer with a vector hardware unit as an integral part of its 
central processing unit boards.
    In general, the vector supercomputers imported from Japan, whether 
assembled or unassembled, covered by this order are classifiable under 
heading 8471 of the Harmonized Tariff Schedules of the United States 
(``HTS''). Merchandise properly classified under HTS numbers 8471.10 
and 8471.30, however, is excluded from the scope of this order. 
Although, these references to the HTS are provided for convenience and 
customs purposes, our written description of the scope of this order is 
dispositive.

Initiation of Changed Circumstances Antidumping Duty Administrative 
Review and Intent To Revoke Order

    Pursuant to sections 751(d)(1) and 782(h)(2) of the Act, the 
Department may revoke an antidumping or countervailing duty order, in 
whole or in part, based on a review under section 751(b) of the Act 
(i.e., a changed circumstances review). Section 751(b)(1) of the Act 
requires a changed circumstances review to be conducted upon receipt of 
a request which shows changed circumstances sufficient to warrant a 
review. Section 351.222(g) of the Department's regulations provides 
that the Department will conduct a changed circumstances administrative 
review under 19 CFR 351.216, and may revoke an order (in whole or in 
part), if it determines that producers accounting for substantially all 
of the production of the domestic like product have expressed a lack of 
interest in the relief provided by the order, in whole or in part, or 
if other changed circumstances sufficient to warrant revocation exist. 
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.
    Cray is a domestic interested party as defined by section 771(9)(C) 
of the Act and 19 CFR 351.102(b). Cray indicated that it is the only 
U.S. producer of the domestic like product to which this order 
pertains. Therefore, based on the lack of interest by the domestic 
industry in the continued application of the antidumping duty order on 
vector supercomputers from Japan, we are initiating this changed-
circumstances review. Further, based on the affirmative statement of no 
interest by Cray, we have determined that

[[Page 14548]]

expedited action is warranted, and we are combining the notices of 
initiation and preliminary results.
    We have preliminarily determined that the petitioner's statement of 
no interest in the continuation of the order constitutes changed 
circumstances sufficient to warrant revocation of the entire order. We 
are hereby notifying the public of our intent to revoke in whole the 
antidumping duty order on vector supercomputers from Japan, retroactive 
to October 1, 2000.
    If final revocation of the order occurs, we intend to instruct the 
Customs Service to discontinue the suspension of liquidation and to 
refund any estimated antidumping duties collected for all unliquidated 
entries of vector supercomputers from Japan entered, or withdrawn from 
warehouse, for consumption on or after October 1, 2000. We will also 
instruct the Customs Service to pay interest on any refunds with 
respect to the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after, October 1, 2000, 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.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Parties who submit argument in this proceeding are requested 
to submit with the argument (1) a statement of the issue, and (2) a 
brief summary of the argument. Parties to the proceeding may request a 
hearing within 14 days of publication. Any hearing, if requested, will 
be held no later than two days after the deadline for the submission of 
rebuttal briefs, or the first workday thereafter. Case briefs may be 
submitted by interested parties not later than 14 days after the date 
of publication of this notice. Rebuttal briefs and rebuttals to written 
comments, limited to the issues raised in those comments, may be filed 
not later than five days after the deadline for submission of case 
briefs. All written comments shall be submitted in accordance with 19 
CFR 351.303 and shall be served on all interested parties on the 
Department's service list 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 published in accordance with section 751(b)(1) of 
the Act and 19 CFR 351.216 and 351.222. Effective January 20, 2001, 
Bernard T. Carreau is fulfilling the duties of the Assistant Secretary 
for Import Administration.

    Dated: March 6, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 01-6224 Filed 3-12-01; 8:45 am]
BILLING CODE 3510-DS-P