[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Notices]
[Pages 8522-8523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4426]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-837, A-428-821]


Large Newspaper Printing Presses and Components Thereof, Whether 
Assembled or Unassembled, from Japan (A-588-837) and Germany (A-428-
821): Notice of Final Results of Five-Year Sunset Reviews and 
Revocation of Antidumping Duty Orders.

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

ACTION: Notice of final results of five-year sunset reviews and 
revocation of antidumping duty orders on large newspaper printing 
presses and components thereof, whether assembled or unassembled, from 
Japan (A-588-837) and Germany (A-428-821).

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SUMMARY: On August 1, 2001, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
on Large Newspaper Printing Presses (``LNPPs'') and Components Thereof, 
Whether Assembled or Unassembled, from Japan and Germany. One domestic 
interested party responded to the sunset review notice of initiation in 
these proceedings. However, on December 21, 2001, the domestic 
interested party withdrew its interest in these proceedings. Therefore, 
the Department is revoking the antidumping duty orders on LNPPs from 
Japan and Germany.

EFFECTIVE DATE: September 4, 2001.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or James P. Maeder, 
Office of Policy, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statue

    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 
(``Department'') regulations are to 19 CFR part 351 (2001).

Background

    On September 4, 1996, the Department issued the antidumping duty 
orders on LNPPs from Japan (61 FR 46621) and Germany (61 FR 46623). 
Pursuant to section 751(c) of the Act and 19 CFR 351.218, the 
Department initiated sunset reviews of these orders by publishing a 
notice of the initiation in the Federal Register August 1, 2001 (66 FR 
39731). In addition, as a courtesy to interested parties, the 
Department sent letters, via certified and registered mail, to each 
party listed on the Department's most current service list for this 
proceeding to inform them of the automatic initiation of sunset reviews 
of these orders.
    On August 16, 2001, within the applicable deadline, the Department 
received notice of intent to participate from Goss Graphic Systems, 
Inc. (``Goss''), the only domestic interested party in the sunset 
proceedings. As such, the Department concluded that Goss provided an 
adequate response to participate in the sunset reviews on LNPPs from 
Japan and Germany. On August 31, 2001, Goss filed substantive responses 
with respect to LNPPs from Japan and Germany. In the sunset review on 
LNPPs from Japan, the Department did not receive any response from 
respondent interested parties; therefore, we determined to conduct an 
expedited sunset review. In the sunset review on LNPPs from Germany, 
the Department determined that domestic and respondent interested 
parties provided adequate response to conduct a full sunset review 
under section 751(c)(3)(B) of the Act, and Secs. 351.218(e)(1)(i) and 
351.218(e)(1)(ii). However, over the course of these reviews 
significant questions were raised concerning Goss' claim as to whether 
it was actually a domestic manufacturer of the subject merchandise. 
Consequently, in order to investigate this issue more fully, on 
November 19, 2001, the Department aligned the sunset review on LNPPs 
from Japan with the sunset review of the antidumping duty order on 
LNPPs from Germany. See 66 FR 58713 (November 23, 2001).\1\ On December 
21, 2001, Goss

[[Page 8523]]

withdrew its participation in these proceedings. We interpret Goss' 
withdrawal of participation as a withdrawal of interest. Because Goss 
(the only domestic interested party in the sunset proceeding) withdrew 
its interest in these reviews, the Department has determined to treat 
this situation as if no domestic interested party responded to the 
notice of initiation of these sunset reviews. Therefore, we are not 
publishing preliminary determinations and are hereby revoking the 
antidumping duty orders on LNPPs from Japan and Germany.
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    \1\ In this notice, the Department announced its intent to issue 
the preliminary results on LNPPs from Japan along with the 
preliminary results on LNPPs from Germany not later than February 
19, 2002, and its final results on both reviews on June 27, 2002.
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Determination to Revoke

    Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 
351.218(d)(1)(iii)(B)(3), if no domestic interested party responds to 
the notice of initiation, the Department shall issue a final 
determination, within 90 days after the initiation of the review, 
revoking the order.\2\ Because the only domestic interested party 
withdrew its interest in both proceedings (see 351.218(d)(1)(i) and 
351.218(e)(1)(i)(C)(1) of the Sunset Regulations), consistent with the 
provision of section 751(c)(3)(A) of the Act, we are revoking these 
antidumping duty orders.
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    \2\ Although the statute requires revocation of an order within 
90 days of initiating the sunset review when no party responds to 
the notice of initiation, in this case, Goss withdrew its 
participation after the 90-day period had expired.
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Effective Date of Revocation

    In accordance with sections 751(c)(3)(A) and 751(d)(2) of the Act, 
and 19 CFR 351.222(i)(2)(i), the Department will instruct the Customs 
Service to terminate the suspension of liquidation of the merchandise 
subject to the orders entered, or withdrawn from warehouse, on or after 
September 4, 2001. The instructions for entries of LNPPs from Germany 
will not be issued until either the conclusion of the ongoing 
litigation with respect to the final determination of the Department's 
less-than-fair value investigation of LNPPs from Germany, pursuant to 
which entries have been enjoined from liquidation, or the injunction 
has been lifted or amended. (See Koenig & Bauer Albert v. United 
States, Fed. Cir. Court No. 00-1387 (CIT 96-10-02298).) This injunction 
does not cover entries of subject merchandise from Japan. Entries of 
subject merchandise prior to the effective date of revocation will 
continue to be subject to suspension of liquidation and antidumping 
duty deposit requirements. The Department will complete any pending 
administrative reviews of these orders and will conduct administrative 
reviews of subject merchandise entered prior to the effective date of 
revocation in response to appropriately filed requests for review.

    Dated: February 19, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-4426 Filed 2-22-02; 8:45 am]
BILLING CODE 3510-DS-P