[Federal Register Volume 66, Number 86 (Thursday, May 3, 2001)]
[Notices]
[Pages 22213-22214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11272]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-841]


Vector Supercomputers From Japan: Notice of Final Results of 
Changed Circumstances Review, and Revocation of Antidumping Duty Order

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

ACTION: Notice of final results of changed circumstances review, and 
revocation of antidumping duty order.

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SUMMARY: On March 13, 2001, the Department of Commerce (``the 
Department'') published a notice of initiation and preliminary results 
of a changed circumstances review with the intent to revoke the 
antidumping duty order on certain vector supercomputers from Japan. See 
Certain Vector Supercomputers From Japan: Notice of Initiation and 
Preliminary Results of Changed Circumstances Review of the Antidumping 
Order and Intent to Revoke Order (``Initiation and Preliminary 
Results''), 66 FR 14547 (March 13, 2001). In our Initiation and 
Preliminary Results, we gave interested parties an opportunity to 
comment. No interested party opposed the preliminary results.
    Therefore, we are now revoking this order because the domestic 
producer of the like product has expressed no interest in the 
continuation of the order.

EFFECTIVE DATE: May 3, 2001.

FOR FURTHER INFORMATION CONTACT: Mark Young or James Terpstra 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, or (202) 482-3965 respectively.

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 Inc. (``Cray'') requested that the 
Department

[[Page 22214]]

conduct a changed circumstances review and revoke the antidumping duty 
order on vector supercomputers from Japan, retroactive to October 1, 
2000. In its 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. As noted above, we gave interested parties an opportunity 
to comment on the Initiation and Preliminary Results. We received no 
comments from interested parties. On March 26, 2001 we received a 
submission from Skymoon Ventures (``Skymoon'') in support of revocation 
of the order. Skymoon identified itself as being part of the ``high 
technology industry.'' However, Skymoon produced no evidence that it 
was an interested party within the meaning of section 771(9)(C) of the 
Act and 19 CFR 351.102(b). Therefore, we have not considered its 
comments in these final results.

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.

Final Results of Review; Revocation of Antidumping Duty Order

    The affirmative statement of no interest by petitioners concerning 
vector supercomputers, as described herein, constitutes changed 
circumstances sufficient to warrant revocation of this order. 
Furthermore, no interested party commented on the Initiation and 
Preliminary Results. Therefore, the Department is revoking the order on 
certain vector supercomputers from Japan, in accordance with sections 
751(b) and (d) and 782(h) of the Act and 19 CFR 351.216(d) and 
351.222(g), effective October 1, 2000.
    We will instruct the U.S. Customs Service (``Customs'') to end the 
suspension of liquidation effective October 1, 2000, and to liquidate 
without regard to antidumping duties, as applicable, and to refund any 
estimated antidumping duties collected for all unliquidated entries of 
certain vector supercomputers meeting the specifications indicated 
above entered or withdrawn from warehouse for consumption on or after 
October 1, 2000. We will also instruct Customs to pay interest on such 
refunds in accordance with section 778 of the Act.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
    This changed circumstances administrative review, revocation of the 
antidumping duty order and notice are in accordance with sections 
751(b) and (d) and 782(h) of the Act and sections 351.216 and 
351.222(g) of the Department's regulations.

    Dated: April 27, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.
[FR Doc. 01-11272 Filed 5-1-01; 2:32 pm]
BILLING CODE 3510-DS-P