[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Notices]
[Pages 39515-39516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16728]


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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.

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 7, 2003, 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 
(68 FR 11039). This review covers shipments of this merchandise to the 
United States during the period of February 1, 2001 through January 31, 
2002.
    We gave interested parties an opportunity to comment on our 
preliminary results. We received a letter from the respondent stating 
that it had no comments. We received no other comments.

EFFECTIVE DATE: July 2, 2003.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Doug Campau, 
Office of Antidumping/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) 482-5255 or (202) 482-1395, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 7, 2003, the Department published the preliminary results 
of its administrative review of the antidumping duty order on MTPs from 
Japan. See Mechanical Transfer Presses from Japan: Preliminary Results 
of Antidumping Duty Administrative Review, 68 FR 11039 (March 7, 2003). 
In the Preliminary Results, we found that U.S. sales were not made 
below normal value by the respondent. We gave interested parties an 
opportunity to comment on our preliminary results. We received a letter 
from the respondent stating it had no comments. The Department received 
no other comments and no requests for a hearing. The

[[Page 39516]]

Department has now completed this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act).

Scope of the Antidumping Duty Order

    Imports covered by this antidumping duty order include mechanical 
transfer presses, currently classifiable under Harmonized Tariff 
Schedule of the United States (HTSUS) item numbers 8462.10.0035, 
8466.94.6540 and 8466.94.8540 and formerly classifiable as 
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.
    The Department published in the Federal Register several notices of 
scope rulings with respect to MTPs from Japan, determining that (1) 
spare and replacement parts are outside the scope of the order (see 
Notice of Scope Rulings, 57 FR 19602 (May 7, 1992)); (2) a destack 
feeder designed to be used with a mechanical transfer press is an 
accessory and, therefore, is not within the scope of the order (see 
Notice of Scope Rulings, 57 FR 32973 (July 24, 1992)); (3) the FMX cold 
forging press is within the scope of the order (see Notice of Scope 
Rulings, 59 FR 8910 (February 24, 1994)); and (4) certain mechanical 
transfer press parts exported from Japan are outside the scope of the 
order (see Notice of Scope Rulings, 62 FR 9176 (February 28, 1997).

Final Results of Review

    Since the Department received no comments on the Preliminary 
Results, we continue to find that a margin of zero percent exists for 
the period February 1, 2001 through January 31, 2002 for Hitachi Zosen 
Corporation/Hitachi Zosen Fukui Corporation (HZC/H&F).\1\ The 
Department will issue assessment instructions directly to the U.S. 
Bureau of Customs and Border Protection (Customs) within 15 days of 
publication of these final results of review.
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    \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, 68 FR 11039.
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Cash Deposit Requirements

    The following deposit requirements shall 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) since the weighted-
average margin for HZC/H&F is zero, the Department shall require no 
deposit of estimated antidumping duties for subject merchandise 
exported by HZC/H&F (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 investigation (LTFV), 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 ``all-others'' 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 requirements 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) 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.
    This administrative review and notice are in accordance with 
sections 751(a)(3)(A) and 777(i)(1) of the Act.

    Dated: June 25, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-16728 Filed 7-1-03; 8:45 am]
BILLING CODE 3510-DS-S