[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Notices]
[Pages 35958-35960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12862]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-810]


Mechanical Transfer Presses From Japan: Final Results of 
Antidumping Duty Administrative Review and Revocation, in-Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 7, 2002, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on mechanical transfer presses (MTPs) from 
Japan. See Mechanical Transfer Presses from Japan: Preliminary Results 
of Antidumping Duty Administrative Review and Intent to Revoke, in-
Part, 67 FR 10363 (March 7, 2002) (Preliminary Results). This review 
was initiated in response to a request by respondents, Komatsu, Ltd. 
(Komatsu) and Hitachi Zosen Corp. (HZC) and its subsidiary Hitachi 
Zosen Fukui Corporation, doing business as H&F Corporation (H&F). This 
review covers shipments of this merchandise to the United States during 
the period of February 1, 2000 through January 31, 2001.
    In the Preliminary Results, we found that U.S. sales were not made 
below normal value (NV) by any of the respondents. We also published 
our intent to revoke the order, in part, with respect to Komatsu. We 
gave interested parties an opportunity to comment on our preliminary 
results. HZC and H&F filed a letter regarding the preliminary results, 
alleging errors, but stated that they did not wish to challenge the 
preliminary results. The Department received no other comments and no 
requests for a hearing. Accordingly, we are affirming the preliminary 
results in these final results, and will instruct the U.S. Customs 
Service to liquidate entries for all respondents during the period of 
review, without regard to antidumping duties, and to terminate the 
suspension of liquidation for Komatsu, for any merchandise entered, or 
withdrawn from warehouse, for consumption on or after February 1, 2001.

EFFECTIVE DATE: May 22, 2002.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, Office of Antidumping/

[[Page 35959]]

Countervailing Duty Enforcement VII, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-3148.

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the Tariff Act of 1930 (the Act), as amended. In 
addition, unless otherwise indicated, all citations to the Department's 
regulations are to the regulations codified at 19 CFR part 351 (2001). 
The Department has conducted this administrative review in accordance 
with section 751 of the Act.

Scope of Review

    Imports covered by this review include MTPs currently classifiable 
under Harmonized Tariff Schedule of the United States (HTSUS) item 
numbers 8462.99.8035, 8462.21.8085, and 8466.94.5040. The HTSUS 
subheadings are provided for convenience and Customs purposes only. The 
written description of the scope of this order is dispositive. The term 
``mechanical transfer presses'' refers to automatic metal-forming 
machine tools with multiple die stations in which the work piece is 
moved from station to station by a transfer mechanism designed as an 
integral part of the press and synchronized with the press action, 
whether imported as machines or parts suitable for use solely or 
principally with these machines. These presses may be imported 
assembled or unassembled. This review does not cover certain parts and 
accessories, which were determined to be outside the scope of the 
order. (See ``Final Scope Ruling on Spare and Replacement Parts,'' U.S. 
Department of Commerce, March 20, 1992; and ``Final Scope Ruling on the 
Antidumping Duty Order on Mechanical Transfer Presses (MTPs) from 
Japan: Request by Komatsu, Ltd.,'' U.S. Department of Commerce, October 
3, 1996.)

Revocation Determination

    In its timely submission of February 28, 2001, Komatsu requested, 
pursuant to 19 CFR 351.222(e)(1), partial revocation of the order with 
respect to its sales of MTPs. Komatsu certified that (1) it sold the 
subject merchandise in commercial quantities at not less than NV for a 
period of at least three consecutive years; (2) in the future, it will 
not sell the subject merchandise at less than NV; and, (3) it agreed to 
immediate reinstatement under the order if the Department determines 
that, subsequent to revocation, it has sold the subject merchandise at 
less than NV.
    Based upon our findings in this review and the final results of the 
two preceding reviews, Komatsu has demonstrated three consecutive years 
of sales at not less than normal value. Furthermore, we have determined 
that Komatsu's aggregate sales to the United States have been made in 
commercial quantities during these three segments of this proceeding. 
See Preliminary Results. The company also agreed in writing that it 
will not sell the subject merchandise at less than NV in the future and 
to the immediate reinstatement of the antidumping order, as long as any 
exporter or producer is subject to the order, if the Department 
concludes that, subsequent to the partial revocation, Komatsu has sold 
the subject merchandise at less than normal value. Based on the above 
facts, the Department determines that partial revocation of the order 
with respect to Komatsu is warranted. Therefore, in accordance with 19 
CFR 351.222(f)(3), we will terminate the suspension of liquidation for 
any such merchandise entered, or withdrawn from warehouse, for 
consumption on or after February 1, 2001.

Comments From Interested Parties and Changes Since the Preliminary 
Results

    The Department received a letter from HZC and H&F alleging errors 
in the preliminary results. More specifically, HZC and H&F alleged that 
there were methodological errors in the Department's preliminary 
antidumping margin calculation for H&F. However, according to HZC and 
H&F, because the correction of these errors would not have altered 
H&F's zero dumping margin, they did not wish to challenge the 
preliminary results. The Department has checked these alleged errors 
and found that, even if we were to agree with HZC's and H&F's 
allegations, the results of the review would not change. Therefore, we 
determine that the merits of their arguments need not be addressed.

Final Results of Review

    The Department has not altered its determination from the 
Preliminary Results. We determine that the following weighted-average 
margins exist for the period February 1, 2000 through January 31, 2001:

------------------------------------------------------------------------
                                                     Time       Margin
              Manufacturer/exporter                 period     (percent)
------------------------------------------------------------------------
Komatsu, Ltd....................................  02/01/00--        0.00
                                                    01/31/01
Hitachi Zosen Corp./Hitachi Zosen Fukui Corp.\1\  02/01/00--       0.00
                                                    01/31/01
------------------------------------------------------------------------
\1\The Department determined to treat HZC and H&F as a single entity
  under section 351.401(f) of the regulations. See Preliminary Results,
  67 FR at 10364.

    Because the weighted-average dumping margin is zero for all 
respondents, we will instruct the U.S. Customs Service (Customs) to 
liquidate entries made during this review period without regard to 
antidumping duties. Because we have revoked the order with respect to 
Komatsu, we will order Customs to terminate the suspension of 
liquidation for Komatsu, for any merchandise entered, or withdrawn from 
warehouse, for consumption on or after February 1, 2001, and to refund 
all cash deposits collected.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of MTPs from Japan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for the reviewed companies will be the rate shown above (except for 
Komatsu); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate established for the most recent period; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original less-than-fair-value (LTFV) 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) for all other producers and/or exporters of this merchandise, the 
cash deposit rate shall be the rate established in the LTFV 
investigation, which is 14.51 percent. See Notice of Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Mechanical Transfer Presses from Japan, 55 FR 5642 (February 16, 
1990). These deposit rates shall remain in effect until publication of 
the final results of the next administrative review.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under section 351.402(f)

[[Page 35960]]

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 doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative order itself. 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.
    These final results of the administrative review and this 
revocation, in-part, are issued and published in accordance with 
sections 751(a)(1), 751(d)(1), and 777(i)(1) of the Act (19 USC 
1675(a)(1), 1675(d)(1), and 19 USC 1677f(i)(1)).

    Dated: May 15, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-12862 Filed 5-21-02; 8:45 am]
BILLING CODE 3510-DS-P