[Federal Register Volume 67, Number 81 (Friday, April 26, 2002)]
[Notices]
[Pages 20729-20730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10466]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-037]


Drycleaning Machinery From Germany; Amended Final Results of 
Antidumping Duty Administrative Review in Accordance With Final Court 
Decision

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

ACTION: Notice of amended final results of antidumping duty 
administrative review in accordance with final court decision.

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SUMMARY:

    On June 3, 1997, the U.S. Court of International Trade (CIT) 
affirmed the remand determination of the Department of Commerce arising 
from the antidumping duty finding on drycleaning machinery from 
Germany. See Boewe Reinigungs undWaschereitchnik GmbH and Boewe Passat 
Drycleaning & Laundry Machinery Corp. v. United States, Slip Op. 97-72 
(CIT 1997). After recalculation of the dumping margin for Boewe 
Reinigungstechnik, GmbH, and Boewe Systems & Machinery, Inc., we are 
amending the final results of the review in this matter and will 
instruct the U.S. Customs Service to liquidate entries subject to these 
amended final results. These results do not affect cash deposits. This 
order was revoked, effective November 1, 1995. See Notice of Revocation 
of Antidumping Finding, 60 FR 65635.

EFFECTIVE DATE: April 26, 2002.

FOR FURTHER INFORMATION CONTACT: Jack K. Dulberger or Sheila Forbes,AD/
CVD Enforcement, Group II, Office 4, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-5505 and 482-4697, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 26, 1991, the Department published in the Federal 
Register a notice of final results of the administrative review of the 
antidumping finding on drycleaning machinery from Germany. See Notice 
of Final Results of Antidumping Duty Administrative Review, 56 FR 66838 
(Final Results). This review covered the period November 1, 1989 
through October 31, 1990. Boewe Reinigungstechnik, GmbH and Boewe 
Systems & Machinery, Inc. (collectively, ``Boewe''), a manufacturer/
exporter reviewed in this case, subsequently appealed the Final Results 
to the CIT on grounds that the Department erred in rejecting as 
untimely its information for certain expense adjustments, which Boewe 
claimed supported a circumstance-of-sale or level of trade (LOT) 
adjustment to its foreign market value (FMV). On May 7, 1993, the CIT, 
in Boewe Reinigungs undWaschereitchnik GmbH v. United States, 17 CIT 
335 (1993) (Boewe I), remanded the Final Results to the Department, 
directing that it accept this information as timely and reconsider 
Boewe's claim for a circumstance-of-sale or LOT adjustment. (See Boewe 
I).
    The Department, in its Final Results of Redetermination, August 5, 
1993, (1993 Remand) allowed the previously-rejected data, but rejected 
Boewe's claim for a circumstance-of-sale or LOT adjustment. 
Additionally, in the 1993 Remand, the Department amended Boewe's 
dumping margin calculation to reflect corrections to certain of its 
United States sales transactions. (Note: Boewe alleged this ministerial 
error after the Department had published the Final Results). As a 
result, Boewe's margin decreased from 0.64 percent to 0.59 percent. See 
1993 Remand at 13, 14. However, since this case remained subject to 
litigation, the Department did not issue amended final results at that 
time. See 1993 Remand at 13.
    On May 8, 1996, the CIT sustained in part and remanded in part the 
Department's 1993 Remand. See Boewe Reinigungs undWaschereitchnik GmbH 
and Boewe Passat Drycleaning & Laundry Machinery Corp. v. United 
States, 926 F. Supp. 1138 (CIT 1996) (Boewe II). In its opinion, the 
CIT sustained the Department's correction of the ministerial error and 
several other aspects of the first remand but remanded the case again 
to the Department in order for the Department to reconsider the LOT 
adjustments.
    On July 24, 1996, the Department issued a second remand 
redetermination for the final results of the 1989-1990 administrative 
review of the antidumping finding on drycleaning machinery from 
Germany. In this remand redetermination, the Department provided the 
CIT with additional explanation as to why it was denying Boewe's LOT 
adjustments. On December 11, 1996, the CIT affirmed much of the 
Department's second remand redetermination, but remanded the remaining 
LOT issues back to the Department. See Boewe Reinigungs 
undWaschereitchnik GmbH and Boewe Passat Drycleaning & Laundry

[[Page 20730]]

Machinery Corp. v. United States 951 F. Supp. 231 (CIT 1996)(Boewe 
III). On January 14, 1997, the Department issued its third remand 
redetermination for the 1989-1990 administrative review of drycleaning 
machinery from Germany. In this remand redetermination, the Department 
provided the CIT with additional explanation as to why it was denying 
Boewe's LOT adjustments.
    On June 3, 1997, the CIT affirmed the Department's third remand 
redetermination in its entirety. See Boewe Reinigungs 
undWaschereitchnik GmbH and Boewe Passat Drycleaning & Laundry 
Machinery Corp. v. United States, Slip Op. 97-72 (CIT 1997)(Boewe IV). 
This decision made no change to the earlier recalculated margin and was 
not appealed. We are therefore publishing our amended final results for 
the review period November 1, 1989 through October 31, 1990.

Amended Final Results of Review

    As a result of the remand redeterminations, the revised weighted-
average margin during the period November 1, 1989 through October 31, 
1990, for Boewe is as follows:

------------------------------------------------------------------------
                Manufacturer/exporter                   Margin (Percent)
------------------------------------------------------------------------
Boewe................................................               0.59
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    Accordingly, the Department will determine, and the U.S. Customs 
Service will assess, antidumping duties on all entries of subject 
merchandise from Boewe in accordance with these amended final results. 
The Department will issue appraisement instructions directly to 
Customs.
    This notice is issued and published in accordance with section 
777(i) of the Tariff Act of 1930 and 19 CFR 351.221(b)(5)(2002).

    April 19, 2002
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-10466 Filed 4-25-02; 8:45 am]
BILLING CODE 3510-DS-S