[Federal Register Volume 67, Number 11 (Wednesday, January 16, 2002)]
[Notices]
[Pages 2192-2194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1131]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-821]


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

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On October 9, 2001, the Department of Commerce published 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 Germany. The review covers MAN 
Roland Druckmaschinen AG, 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 MAN Roland Druckmaschinen AG is listed below 
in the ``Final Results of Review'' section of this notice.

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 (URAA). 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).

[[Page 2193]]

Background

    This review covers one manufacturer/exporter, MAN Roland 
Druckmaschinen AG (MAN Roland).
    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 Germany 
(66 FR 51375) (Preliminary Results).
    We invited parties to comment on the preliminary results of the 
review. MAN Roland submitted a case brief on November 8, 2001. On 
November 29, 2001, MAN Roland 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.
    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. 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, MAN Roland 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 MAN Roland with respect to its U.S. 
sales, we have also found that there is no duty absorption for purposes 
of the final results.

Final Results of the Review

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

------------------------------------------------------------------------
                                                                Margin
          Manufacturer/Exporter                 Period        (percent)
------------------------------------------------------------------------
MAN Roland Druckmaschinen AG............     9/1/99-8/31/00         0.00
------------------------------------------------------------------------


[[Page 2194]]

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 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 Germany 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) The cash deposit rate for MAN 
Roland will be the rate established above in the ``Final Results of the 
Review'' section; (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 30.72 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 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 
351.221.

    Dated: January 9, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-1131 Filed 1-15-02; 8:45 am]
BILLING CODE 3510-DS-P