[Federal Register Volume 66, Number 132 (Tuesday, July 10, 2001)]
[Notices]
[Pages 35932-35933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17232]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-810]


Mechanical Transfer Presses From Japan: Notice of Initiation of 
Changed Circumstances Review of the Antidumping Order, and Preliminary 
Determination To Revoke the Order, in Part

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

SUMMARY: In accordance with section 351.216(b) of the Department's 
regulations, Sumitomo Heavy Industries, Ltd. (Sumitomo) filed a request 
for a changed circumstances review of the antidumping order on 
mechanical transfer presses from Japan with respect to large, hot-
forging presses as described below. Domestic producers of the like 
product have expressed no interest in continuation of the order with 
respect to these particular mechanical transfer presses. In response to 
Sumitomo's request, the Department of Commerce (the Department) is 
initiating a changed circumstances review with respect to this request 
and issuing a notice of intent to revoke, in part, the antidumping duty 
order on mechanical transfer presses from Japan as it pertains to 
large, hot-forging presses. Interested parties are invited to comment 
on these preliminary results.

EFFECTIVE DATE: July 10, 2001.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-0666.

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, as amended 
(``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 May 3, 2001, Sumitomo requested that the Department revoke, in 
part, the antidumping duty order on mechanical transfer presses from 
Japan as it pertains to large, hot-forging presses. Specifically, 
Sumitomo requested that the Department revoke the order with respect to 
imports meeting the following specifications: automatic forging presses 
within the current scope of the order, which operate at a forging 
temperature of 900 degrees centigrade or higher, and which have a 
capacity of 1600 metric tons or greater. Sumitomo is a foreign producer 
of the products in question.
    Attached to its request, Sumitomo submitted two letters from the 
only two domestic parties claiming to be producers of subject 
merchandise, Enprotech Mechanical Services, Inc. (Enprotech) and IHI-
Verson Press Technology, LLC. (Verson), stating that they did not 
oppose excluding large, hot-forging presses, as defined above, from the 
scope of the order.
    On June 11, 2001, we sent letters to all three domestic interested 
parties who have expressed an interest in this proceeding, the two 
domestic producers noted above and the International Union, United Auto 
Workers, requesting comments either supporting or objecting to the 
revocation of the order, in part, with respect to large, hot-forging 
presses by June 15, 2001. As foreign producers participated in an 
earlier request for a changed circumstances review, we sent the same 
letter to Komatsu Ltd., Hitachi Zosen Corporation, and Hitachi Zosen 
Fukui Corporation, foreign producers of the subject merchandise. We 
received no comments in opposition to the changed circumstances review 
or the revocation, in part.

Scope of Review

    Imports covered by this review include MTPs currently classifiable 
under Harmonized Tariff Schedule (HTSUS) item numbers 8462.99.0035 and 
8466.94.5040. The HTSUS

[[Page 35933]]

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.)

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

    Section 351.222(g) of the Department's regulations provides that 
the Department will conduct a changed circumstances administrative 
review under section 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 to which the order 
pertains 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. See also sections 751(b) and 
782(h)(2) of the Act. In addition, in the event that the Department 
concludes that expedited action is warranted, section 351.221(c)(3)(ii) 
of the regulations permits the Department to combine the notices of 
initiation and preliminary results.
    In the Memorandum to Joseph A. Spetrini from Barbara E. Tillman, 
Request for Changed Circumstances Review (April 13, 2001) (on file in 
the Central Records Unit of the Department of Commerce, Room B-099), 
the Department denied a previous request by Sumitomo to initiate a 
changed circumstances review and partially revoke the order as it 
pertains to large, hot-forging presses, as defined above, because of a 
lack of support from petitioners. We believe, however, that the 
necessary support has been demonstrated in this request and have 
determined to initiate a changed circumstances review. As stated above, 
two letters of support from the domestic producers have been placed on 
the record. We received no objections to the request.
    Furthermore, because petitioners have expressed a lack of interest 
in large, hot-forging presses, we determine that expedited action is 
warranted and are combining the notice of initiation and preliminary 
results, in accordance with section 351.221(c)(3)(ii) of our 
regulations. Therefore, we are hereby notifying the public of our 
preliminary determination to revoke, in part, the antidumping duty 
order with respect to large, hot-forging presses from Japan meeting the 
above description.
    If the final revocation, in part, occurs, we intend to instruct the 
U.S. Customs Service (``Customs'') to liquidate without regard to 
antidumping duties, as applicable, and to refund any estimated 
antidumping duties collected for all unliquidated entries of large, 
hot-forging presses meeting the specifications indicated above, and not 
subject to final results of administrative review, as of the date of 
publication in the Federal Register of the final results of this 
changed circumstances review in accordance with section 351.222 of the 
regulations. We will also instruct Customs to pay interest on such 
refunds in accordance with section 778 of the Act. The current 
requirement for a cash deposit of estimated antidumping duties on 
large, hot-forging presses meeting the above specifications will 
continue unless and until we publish a final determination to revoke, 
in part.

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 of this notice. 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 section 351.303 of the regulations and shall be served 
on all interested parties on the Department's service list in 
accordance with section 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 sections 351.216 and 351.222 of the regulations.

    Dated: June 20, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-17232 Filed 7-9-01; 8:45 am]
BILLING CODE 3510-DS-P