[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Notices]
[Pages 42201-42202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20106]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-810]


Mechanical Transfer Presses From Japan: Notice of Final Results 
of Changed Circumstances Review, and Revocation in Part of Antidumping 
Duty Order

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

SUMMARY: On July 10, 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, in part, 
the antidumping duty order on mechanical transfer presses from Japan, 
as it pertains to certain large, hot-forging presses. See Mechanical 
Transfer Presses From Japan: Notice of Initiation and Preliminary 
Results of Changed Circumstances Review of the Antidumping Order and 
Intent to Revoke Order in Part, 66 FR 35932 (July 10, 2001) (Initiation 
and Preliminary Results). In the Initiation and Preliminary Results, we 
gave interested parties an opportunity to comment; we did not receive, 
however, any comments on the preliminary results. We are now revoking 
this order, in part, based on the fact that domestic parties have 
expressed no interest in the continuation of the order as it pertains 
to the large, hot-forging presses described below.

EFFECTIVE DATE: August 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 (``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 Heavy Industries, Ltd. (Sumitomo) 
requested that the Department partially revoke the antidumping duty 
order on mechanical transfer presses from Japan. Specifically, Sumitomo 
requested that the Department revoke the order as it pertains 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 by June 15, 2001, either 
supporting or objecting to the partial revocation. We received no 
comments in opposition to the changed circumstances review or the 
partial revocation, and subsequently issued our preliminary 
determination to revoke the order in part in combination with the 
initiation of the changed circumstances review. We gave interested 
parties until July 24, 2001, to comment on the Initiation and 
Preliminary Results. We received no comments on our preliminary 
results.

Scope of Changed Circumstances Review

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

[[Page 42202]]

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.)

Final Results of Review; Partial Revocation of Antidumping Duty 
Order

    The affirmative statement by domestic producers of no opposition to 
excluding the large, hot-forging presses described above constitutes 
changed circumstances sufficient to warrant partial revocation of this 
order. In addition, no party commented on the Initiation and 
Preliminary Results. Therefore, the Department is partially revoking 
the order on mechanical transfer presses from Japan as it pertains to 
products which meet the specifications detailed above, in accordance 
with sections 751(b) and (d) and 782(h) of the Act and 19 CFR 
351.216(d)(1). We will 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 mechanical transfer presses meeting the 
specifications indicated above, and not subject to final results of an 
administrative review, as of the date of publication in the Federal 
Register of these final results in accordance with 19 CFR 351.222. We 
will also instruct Customs to pay interest on such refunds in 
accordance with section 778 of the Act.
    This notice 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 review, partial 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: August 3, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-20106 Filed 8-9-01; 8:45 am]
BILLING CODE 3510-DS-P