[Federal Register Volume 67, Number 11 (Wednesday, January 16, 2002)]
[Notices]
[Pages 2190-2192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1130]



[[Page 2190]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-837]


Large Newspaper Printing Presses and Components Thereof, Whether 
Assembled or Unassembled, From Japan: Final Results of Antidumping Duty 
Administrative Review and Revocation in Part

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

ACTION: Notice of final results of antidumping duty administrative 
review and revocation in part.

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SUMMARY: On October 9, 2001, the Department of Commerce published the 
preliminary determination to rescind the administrative review, in 
part, and to revoke the order, in part, and the preliminary results of 
the administrative review of the antidumping duty order on large 
newspaper printing presses and components thereof, whether assembled or 
unassembled, from Japan. The review covers Tokyo Kikai Seisakusho, 
Ltd., a manufacturer/exporter of the subject merchandise to the United 
States. The period of review is September 1, 1999, through August 31, 
2000.
    No interested party submitted comments on our preliminary results. 
We have made no changes to the margin calculation. Therefore, the final 
results do not differ from the preliminary results. The final weighted-
average dumping margin for Tokyo Kikai Seisakusho, Ltd. is listed below 
in the ``Final Results of Review'' section of this notice.
    In addition, we have made a final determination to rescind the 
administrative review with respect to Mitsubishi Heavy Industries, 
Ltd., and to revoke the antidumping duty order with respect to Tokyo 
Kikai Seisakusho, Ltd.

EFFECTIVE DATE: January 16, 2002.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger, or Kate Johnson, 
Office 2, AD/CVD Enforcement Group I, Import Administration--Room B099, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-4136, or 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR part 351 (April 2000).

Background

    This review covers one manufacturer/exporter, Tokyo Kikai 
Seisakusho, Ltd. (TKS).
    On October 9, 2001, the Department of Commerce published in the 
Federal Register the preliminary results of administrative review of 
the antidumping duty order on large newspaper printing presses (LNPP) 
and components thereof, whether assembled or unassembled, from Japan 
(66 FR 51379) (Preliminary Results).
    We invited parties to comment on the preliminary results of the 
review. TKS submitted a case brief on November 8, 2001. On December 4, 
2001, TKS withdrew its case brief from the record of this review. No 
other interested party submitted comments. The Department has conducted 
this administrative review in accordance with section 751 of the Act.

Scope of the Order

    The products covered by the order are large newspaper printing 
presses, including press systems, press additions and press components, 
whether assembled or unassembled, whether complete or incomplete, that 
are capable of printing or otherwise manipulating a roll of paper more 
than two pages across. A page is defined as a newspaper broadsheet page 
in which the lines of type are printed perpendicular to the running of 
the direction of the paper or a newspaper tabloid page with lines of 
type parallel to the running of the direction of the paper.
    In addition to press systems, the scope of the order includes the 
five press system components. They are: (1) A printing unit, which is 
any component that prints in monocolor, spot color and/or process 
(full) color; (2) a reel tension paster (RTP), which is any component 
that feeds a roll of paper more than two newspaper broadsheet pages in 
width into a subject printing unit; (3) a folder, which is a module or 
combination of modules capable of cutting, folding, and/or delivering 
the paper from a roll or rolls of newspaper broadsheet paper more than 
two pages in width into a newspaper format; (4) conveyance and access 
apparatus capable of manipulating a roll of paper more than two 
newspaper broadsheet pages across through the production process and 
which provides structural support and access; and (5) a computerized 
control system, which is any computer equipment and/or software 
designed specifically to control, monitor, adjust, and coordinate the 
functions and operations of large newspaper printing presses or press 
components.
    A press addition is comprised of a union of one or more of the 
press components defined above and the equipment necessary to integrate 
such components into an existing press system.
    Because of their size, large newspaper printing press systems, 
press additions, and press components are typically shipped either 
partially assembled or unassembled, complete or incomplete, and are 
assembled and/or completed prior to and/or during the installation 
process in the United States. Any of the five components, or collection 
of components, the use of which is to fulfill a contract for large 
newspaper printing press systems, press additions, or press components, 
regardless of degree of assembly and/or degree of combination with non-
subject elements before or after importation, is included in the scope 
of this order. Also included in the scope are elements of a LNPP 
system, addition or component, which taken altogether, constitute at 
least 50 percent of the cost of manufacture of any of the five major 
LNPP components of which they are a part.
    For purposes of the order, the following definitions apply 
irrespective of any different definition that may be found in Customs 
rulings, U.S. Customs law or the Harmonized Tariff Schedule of the 
United States (HTSUS): (1) The term ``unassembled'' means fully or 
partially unassembled or disassembled; and (2) the term ``incomplete'' 
means lacking one or more elements with which the LNPP is intended to 
be equipped in order to fulfill a contract for a LNPP system, addition 
or component.
    This scope does not cover spare or replacement parts. Spare or 
replacement parts imported pursuant to a LNPP contract, which are not 
integral to the original start-up and operation of the LNPP, and are 
separately identified and valued in a LNPP contract, whether or not 
shipped in combination with covered merchandise, are excluded from the 
scope of this order. Used presses are also not subject to this scope. 
Used presses are those that have been previously sold in an arm's-
length transaction to a purchaser that used them to produce newspapers 
in the ordinary course of business.
    Also excluded from the scope, in accordance with the Department's 
determination in a changed-

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circumstances antidumping duty administrative review of the order which 
resulted in the partial revocation of the order with respect to certain 
merchandise, are elements and components of LNPP systems, and additions 
thereto, which feature a 22 inch cut-off, 50 inch web width and a rated 
speed no greater than 75,000 copies per hour. See Large Newspaper 
Printing Presses Components Thereof, Whether Assembled or Unassembled, 
from Japan: Final Results of Changed Circumstances Antidumping Duty 
Administrative Review and Intent to Revoke Antidumping Duty Order, In 
Part, 64 FR 72315 (Dec. 27, 1999). In addition to the specifications 
set out in this paragraph, all of which must be met in order for the 
product to be excluded from the scope of the order, the product must 
also meet all of the specifications detailed in the five numbered 
sections following this paragraph. If one or more of these criteria is 
not fulfilled, the product is not excluded from the scope of the order.
    1. Printing Unit: A printing unit which is a color keyless blanket-
to-blanket tower unit with a fixed gain infeed and fixed gain outfeed, 
with a rated speed no greater than 75,000 copies per hour, which 
includes the following features:
     Each tower consisting of four levels, one or more of which 
must be populated.
     Plate cylinders which contain slot lock-ups and blanket 
cylinders which contain reel rod lock-ups both of which are of solid 
carbon steel with nickel plating and with bearers at both ends which 
are configured in-line with bearers of other cylinders.
     Keyless inking system which consists of a passive feed ink 
delivery system, an eight roller ink train, and a non-anilox and non-
porous metering roller.
     The dampener system which consists of a two nozzle per 
page spraybar and two roller dampener with one chrome drum and one form 
roller.
     The equipment contained in the color keyless ink delivery 
system is designed to achieve a constant, uniform feed of ink film 
across the cylinder without ink keys. This system requires use of 
keyless ink which accepts greater water content.
    2. Folder: A module which is a double 3:2 rotary folder with 160 
pages collect capability and double (over and under) delivery, with a 
cut-off length of 22 inches. The upper section consists of three-high 
double formers (total of 6) with six sets of nipping rollers.
    3. RTP: A component which is of the two-arm design with core drives 
and core brakes, designed for 50 inch diameter rolls; and arranged in 
the press line in the back-to-back configuration (left and right hand 
load pairs).
    4. Conveyance and Access Apparatus: Conveyance and access apparatus 
capable of manipulating a roll of paper more than two newspaper 
broadsheets across through the production process, and a drive system 
which is of conventional shafted design.
    5. Computerized Control System: A computerized control system, 
which is any computer equipment and/or software designed specifically 
to control, monitor, adjust, and coordinate the functions and 
operations of large newspaper printing presses or press components.
    Further, this order covers all current and future printing 
technologies capable of printing newspapers, including, but not limited 
to, lithographic (offset or direct), flexographic, and letterpress 
systems. The products covered by this order are imported into the 
United States under subheadings 8443.11.10, 8443.11.50, 8443.30.00, 
8443.59.50, 8443.60.00, and 8443.90.50 of the HTSUS. Large newspaper 
printing presses may also enter under HTSUS subheadings 8443.21.00 and 
8443.40.00. Large newspaper printing press computerized control systems 
may enter under HTSUS subheadings 8471.49.10, 8471.49.21, 8471.49.26, 
8471.50.40, 8471.50.80, and 8537.10.90. Although the HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of the order is dispositive.

Duty Absorption

    On September 29, 2000, the petitioner requested that the Department 
determine whether antidumping duties had been absorbed during the 
period of review (POR). Section 751(a)(4) of the Act provides for the 
Department, if requested, to determine during an administrative review 
initiated two or four years after the publication of the order, whether 
antidumping duties have been absorbed by a foreign producer or 
exporter, if the subject merchandise is sold in the United States 
through an affiliated importer. In this case, TKS sold to the United 
States through an importer that is affiliated within the meaning of 
section 771(33) of the Act.
    Because this review was initiated four years after the publication 
of the antidumping duty order, we will make a duty absorption 
determination in this segment of the proceeding. As we have found that 
there is no dumping margin for TKS with respect to its U.S. sales, we 
have also found that there is no duty absorption for purposes of the 
final results.

Rescission of Administrative Review

    Mitsubishi Heavy Industries, Ltd. (MHI) notified the Department 
that it had not made any U.S. sales or entries of subject merchandise 
during the POR. Accordingly, in the preliminary results, we made a 
preliminary determination to rescind this review with respect to MHI. 
As we have not received any comments on this determination, we are 
rescinding this review with respect to MHI.

Determination To Revoke Order in Part

    The Department ``may revoke, in whole or in part,'' an antidumping 
duty order upon completion of a review under section 751 of the Act. 
While Congress has not specified the procedures that the Department 
must follow in revoking an order, the Department has developed a 
procedure for revocation that is described in 19 CFR 351.222. This 
regulation requires, inter alia, that a company requesting revocation 
must submit the following: (1) A certification that the company has 
sold the subject merchandise at not less than normal value (NV) in the 
current review period and that the company will not sell at less than 
NV in the future; (2) a certification that the company sold the subject 
merchandise in each of the three years forming the basis of the request 
in commercial quantities; and (3) an agreement to reinstatement of the 
order if the Department concludes that the company, subsequent to the 
revocation, sold subject merchandise at less than NV. See 19 CFR 
351.222(e)(1). Upon receipt of such a request, the Department will 
revoke an order, in part, if it concludes that: (1) The company in 
question has sold subject merchandise at not less than NV for a period 
of at least three consecutive years; (2) the continued application of 
the antidumping order is not otherwise necessary to offset dumping; and 
(3) the company has agreed in writing to immediate reinstatement of the 
order if the Department concludes that the company, subsequent to the 
revocation, sold subject merchandise at less than NV. See 19 CFR part 
351.222(b)(2).
    In the preliminary results, we found that TKS met the requirements 
for revocation (see Preliminary Results). We received no comments on 
this determination. Accordingly, we have determined that the 
Department's requirements for revocation have been met. Based on the 
final results in this review and the final results of the two preceding 
reviews, TKS has demonstrated three consecutive years of

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sales at not less than NV. Furthermore, we find that TKS's aggregate 
sales to the United States have been made in commercial quantities 
during each of those years. In the particular situation of LNPPs, one 
sale, which may be worth millions of dollars, constitutes a commercial 
quantity. TKS had at least one sale in each of the three reviews. 
Finally, based on our review of the record, there is no basis to find 
continued application of the order is necessary to offset dumping.
    Therefore, for the reasons discussed above, we find that TKS 
qualifies for revocation of the order on LNPPs which it produces and 
exports to the United States under 19 CFR 351.222(b)(2)(ii).

Final Results of the Review

    Our final results remain unchanged from the preliminary results. 
The following weighted-average margin percentage applies to TKS for the 
period September 1, 1999, through August 31, 2000:

------------------------------------------------------------------------
           Manufacturer/exporter                   Percent  margin
------------------------------------------------------------------------
Tokyo Kikai Seisakusho, Ltd...............  0.00
------------------------------------------------------------------------

Effective Date of Revocation

    This revocation applies to all entries of subject merchandise that 
are produced by TKS and that are also exported by TKS, entered, or 
withdrawn from warehouse, for consumption on or after September 1, 
2000. The Department will order the suspension of liquidation ended for 
all such entries and will instruct the Customs Service to release any 
cash deposits or bonds. The Department will further instruct the 
Customs Service to refund with interest any cash deposits on entries 
made after August 31, 2000.

Assessment Rates

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the Customs Service. 
In accordance with 19 CFR part 351.106(c)(2), we will instruct the 
Customs Service to liquidate without regard to antidumping duties all 
entries of the subject merchandise for which the importer-specific 
assessment rate is zero or de minimis (i.e., less than 0.50 percent).
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Cash Deposit Requirements

    The following deposit requirements shall be effective for all 
shipments of the subject merchandise from Japan that are entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of the final results of this administrative review, as provided 
for by section 751(a)(1) of the Act: (1) Cash deposits for TKS will no 
longer be required and the suspension of liquidation will cease for 
entries made on or after September 1, 2000; (2) for previously 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, or 
the original investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters of this merchandise will continue to 
be 58.69 percent, the all others rate made effective by the less-than-
fair-value investigation. These requirements, when imposed, shall 
remain in effect until publication of the final results of the next 
administrative review.
    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR part 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulation and the terms of an APO is a sanctionable violation.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
part 351.221.

    Dated: January 9, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-1130 Filed 1-15-02; 8:45 am]
BILLING CODE 3510-DS-P