[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Notices]
[Pages 19551-19553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9806]


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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: Notice of Final Results of 
Changed Circumstances Review, Revocation of the Antidumping Duty Order, 
and Rescission of Administrative Reviews

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

ACTION: Notice of final results of changed circumstances review, 
revocation of the antidumping duty order, and rescission of antidumping 
duty administrative reviews.

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SUMMARY: On March 5, 2002, the Department of Commerce published a 
notice of preliminary results of changed circumstances review, intent 
to revoke the antidumping duty order, and preliminary rescission of 
antidumping duty administrative reviews (67 FR 9957). We are now 
revoking this order, retroactive to September 1, 1999, based on the 
fact that the producers accounting for substantially all of the 
domestic like product have expressed a lack of interest in the relief 
provided by this order, dating back to September 1, 1999. We are also 
rescinding the ongoing antidumping duty administrative reviews covering 
the periods September 1, 1999, through August 31, 2000, for respondent 
Koenig & Bauer AG, and September 1, 2000, through August 31, 2001, for 
respondents Koenig & Bauer AG and MAN Roland Druckmaschinen AG.

DATES: April 22, 2002.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Irene Darzenta 
Tzafolias AD/CVD Enforcement Group I, Office 2, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone: 
(202) 482-4136 or (202) 482-0922, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations:

    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 the regulations at 19 CFR part 351 
(2001).

Background

    On September 4, 1996, the Department issued the antidumping duty 
order on large newspaper printing presses (LNPPs) from Germany (61 FR 
46623). On September 24, 2001, Koenig & Bauer AG and KBA North America, 
Inc. Web Press Division (KBA NA, a domestic producer of the subject 
mercandise; collectively, K&B) requested that the Department revoke the 
antidumping duty order on LNPPs from Germany through initiation of a 
changed circumstances review. On November 2, 2001, KBA NA stated that 
it accounts for substantially all of the production of the domestic 
like product and no longer has an interest in the continuation of the 
antidumping duty order. In addition, prior to K&B's request, on 
September 19, 2001, MAN Roland Druckmaschinen AG and MAN Roland Inc. 
(collectively, MAN Roland), a foreign producer/exporter of the subject 
merchandise and its U.S. affiliate, requested that the Department 
revoke the antidumping duty order on LNPPs from Germany through a 
changed circumstances review.
    Based on the information submitted by KBA NA and KBA NA's 
assertions that it accounted for substantially all of the production of 
the domestic like product and had no interest in maintaining the order, 
the Department initiated a changed circumstances review on November 5, 
2001. (See Large Newspaper Printing Presses and Components Thereof, 
Whether Assembled or Unassembled, From Germany: Notice of Initiation of 
Changed Circumstances Review and Consideration of Revocation of the 
Antidumping Duty Order, 66 FR 56798 (November 13, 2001) (Initiation 
Notice).)
    Following the publication of the Initiation Notice, the petitioner 
in the LNPP proceedings, Goss Graphic Systems, Inc. (Goss) filed a 
letter on December 21, 2001, stating that it was no longer interested 
in participating in any of the current antidumping proceedings 
concerning LNPPs from Germany, including the changed circumstances 
review, and therefore was withdrawing from them. Subsequent to the 
filing of Goss's letter, on December 31, 2001, and January 8, 2002, MAN 
Roland and K&B, respectively, submitted letters urging the Department 
to conclude, based on the facts of the record, that Goss is not a 
domestic producer of the subject merchandise and to revoke the order on 
the basis of changed circumstances with respect to all unliquidated 
entries of the subject merchandise, including those that are subject to 
the current administrative reviews. Specifically, K&B requested that 
the effective date of revocation of the order be September 1, 1999. On 
January 31, 2002, MAN Roland specified an effective revocation date of 
September 1, 2000. Consequently, on March 5, 2002, we published a 
notice of preliminary results of changed circumstances review with the 
intent to revoke the order, effective September 1, 1999, and rescind 
the ongoing administrative reviews (67 FR 9957) (Prelimary Results). We 
invited interested parties to comment on these preliminary results. K&B 
and MAN Roland submitted letters on March 14, 2002, and March 15, 2002, 
respectively, supporting the Department's preliminary results.

Scope of 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)

[[Page 19552]]

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): 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 order. 
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.

Final Results of Changed Circumstances Review and Revocation of the 
Antidumping Duty Order

    Pursuant to section 782(h)(2) of the Act, the Department may revoke 
an antidumping or countervailing duty order based on a review under 
section 751(b) of the Act (i.e., a changed circumstances review). 
Section 751(b)(1) of the Act requires a changed circumstances review to 
be conducted upon receipt of a request which shows changed 
circumstances sufficient to warrant a review. 19 CFR 351.222(g) 
provides that the Department will conduct a changed circumstances 
review under 19 CFR 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 (or 
the part of the order to be revoked) pertains have expressed a lack of 
interest in the relief provided by the order, in whole or in part, or 
if other changed circumstances exist sufficient to warrant revocation. 
Furthermore, it is the Department's practice to revoke an antidumping 
duty order so that the effective date of revocation covers entries that 
have not been subject to a completed administrative review. There has 
not been a completed administrative review for K&B since September 1, 
1999, because the Department deferred for one year the initiation of 
the administrative review of K&B for the period September 1, 1999, 
through August 31, 2000\1\. See Initiation Notice.
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    \1\ There has been a completed administrative review of the 
order for MAN Roland since the specified effective date of 
revocation (i.e., covering the period September 1, 1999, through 
August 31, 2000) (see Large Newspaper Printing Presses and 
Components Thereof, Whether Assembled or Unassembled, from Germany: 
Final Results of Antidumping Duty Administrative Review, 67 FR 2192 
(January 16, 2002)); however, the margin resulting from the 
completed review for MAN Roland for the period September 1, 1999, 
through August 31, 2000, was zero, and thus, notwithstanding the 
Department's decision to revoke the order, the Department would 
otherwise instruct the Customs Service to liquidate the entries 
relevant to this review period in the same manner as it would with 
respect to revocation of the order effective September 1, 1999 
(i.e., it would instruct the Customs Service to liquidate the 
entries at issue without regard to antidumping duties). The 
effective date would have no impact on MAN Roland.
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    As explained in the Preliminary Results, we interpret Goss' 
withdrawal from all of the ongoing LNPP proceedings to mean that Goss 
no longer has interest in the maintenance of this order. Both Goss, the 
original petitioner, and KBA NA, a U.S. producer of LNPPs which claims 
it accounts for substantially all of the production of the domestic 
like product, are no longer interested in the maintenance of this 
order, and no other interested party has filed any objection to the 
revocation of this order. Accordingly, the Department determines that 
the producers accounting for substantially all of the domestic like 
product have expressed a lack of interest in the relief provided by 
this order, and thus, sufficient changed circumstances exist to warrant 
revocation of the order. The Department also determines that the 
effective date of revocation for this order is September 1, 1999, the 
first day of the review period for the 1999-2000 administrative review 
for K&B. Therefore, the Department is revoking, effective September 1, 
1999, the order on LNPPs from Germany in whole, pursuant to sections 
751(b) and (d) and 782(h) of the Act, as well as 19 CFR 351.216 and 
351.222(g).

Rescission of Antidumping Administrative Reviews

    Because we are revoking the antidumping duty order for the reasons 
stated above, effective September 1, 1999, we are rescinding the 
ongoing administrative reviews of LNPPs from Germany, pursuant to 
section 751(d)(3) of the Act.

Instructions to the Customs Service

    In accordance with 19 CFR 351.222, the Department will instruct the 
Customs Service to terminate the

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suspension of liquidation and to liquidate, without regard to 
antidumping duties, all unliquidated entries of LNPPs from Germany, 
entered, or withdrawn from warehouse, for consumption on or after 
September 1, 1999, the date first day of the review period for the 
1999-2000 administrative review for K&B. The Department will further 
instruct the Customs Service to refund with interest any estimated 
duties collected with respect to unliquidated entries of LNPPs from 
Germany entered, or withdrawn from warehouse, for consumption on or 
after September 1, 1999, in accordance with section 778 of the Act. 
These instructions 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 in that case is lifted or amended to allow liquidation of 
entries. (See Koenig & Bauer Albert v. United States, Fed. Cir. Court 
No. 00-1387 (CIT 96-10-02298).)
    This notice also 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 notice of final results of changed circumstances review and 
revocation of the antidumping duty order is in accordance with sections 
751(b) and (d), and 777(i)(1) of the Act and 19 CFR 351.216(d) and 
351.222(g). The 1999-2000 and 2000-2001 antidumping duty administrative 
reviews of LNPPs from Germany are rescinded in accordance with section 
751(d)(3) of the Act.

    Dated: April 16, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-9806 Filed 4-19-02; 8:45 am]
BILLING CODE 3510-DS-S