[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Notices]
[Pages 55587-55589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24395]


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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: Final Court Decision and 
Amended Final Determination of Sales at Less Than Fair Value

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

ACTION: Notice of Final Court Decision and Amended Final Determination 
of Sales at Less Than Fair Value.

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SUMMARY: On March 8, 2000, the Court of International Trade affirmed 
the Department of Commerce's second remand determination results 
affecting the final margins for MAN Roland Druckmaschinen AG and its 
wholly-owned subsidiary MAN Plamag Druckmaschinen AG, as well as for 
``All Other'' producers/exporters, except Koenig Bauer-Albert AG, in 
the less-than-fair-value investigation of large newspaper printing 
presses and components thereof, whether assembled or unassembled, from 
Germany. As there is now a final and conclusive court decision in this 
action, we are amending our final determination and will instruct the 
United States Bureau of Customs and Border Protection (BCBP) to 
liquidate all appropriate entries at the amended rate, as appropriate.

EFFECTIVE DATE: September 26, 2003.

FOR FURTHER INFORMATION CONTACT: David Goldberger at (202) 482-4136 or 
Irene Darzenta Tzafolias at (202) 482-0922, Office of Antidumping/
Countervailing Duty Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 23, 1996, the Department of Commerce (the Department) 
published notice of its final determination of less-than-fair-value 
(LTFV) investigation of large newspaper printing presses and components 
thereof, whether assembled or unassembled (LNPP), from Germany. See 
Notice of Final Determination of Sales at Less Than Fair Value: Large 
Newspaper Printing Presses and Components Thereof, Whether Assembled or 
Unassembled, from Germany, 61 FR 38166 (July 23, 1996). In the final 
determination of the LTFV investigation, the Department established a 
final dumping margin of 30.80 percent ad valorem for MAN Roland 
Druckmaschinen AG (MAN Roland) and All Others (except Koenig Bauer-
Albert AG (KBA) for which a 46.40 percent margin was established based 
on adverse facts available). On September 4, 1996, the Department 
published an antidumping duty order correcting ministerial errors made 
in the final determination and instructing the Customs Service\1\ to 
collect cash deposits at the rate of 30.72 percent ad valorem for MAN 
Roland and All Others (except KBA as indicated above), on entries of 
the subject merchandise entered or withdrawn from warehouse on or after 
the date of publication of the International Trade Commission's (ITC's) 
final determination of threat of material injury.\2\ See Notice of

[[Page 55588]]

Antidumping Duty Order and Amended Final Determination of Sales at Less 
Than Fair Value: Large Newspaper Printing Presses and Components 
Thereof, Whether Assembled or Unassembled, from Germany, 61 FR 46623 
(September 4, 1996).
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    \1\ Now known as BCBP.
    \2\ The ITC's final determination of threat of material injury 
was published on September 5, 1996. The ITC found that an industry 
in the United States was threatened with material injury, and 
further determined, pursuant to section 735(b)(4)(B) of the Tariff 
Act of 1930, as amended, that it would not have found material 
injury but for the suspension of liquidation of entries of the 
merchandise under investigation. See ITC Final, 61 FR 46824 
(September 5, 1996) at footnote 4. Therefore, pursuant to section 
736(b)(2) of the Act, the Department directed the Customs Service to 
terminate the suspension of liquidation of entries of LNPP imported 
from Germany, entered or withdrawn from warehouse, for consumption 
before this date, and to release any bond or other security, and 
refund any cash deposit, posted to secure the payment of estimated 
antidumping duties with respect to these entries.
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    Following publication of the Department's antidumping duty order, 
the respondent MAN Roland and the petitioner Goss Graphic System, Inc., 
filed a lawsuit with the Court of International Trade (CIT) challenging 
various aspects of the Department's final determination of the LTFV 
investigation. In its first decision in this case on June 23, 1998, 
Koenig & Bauer-Albert AG, et al., v. United States, 15 F. Supp. 2d 834, 
849-850, 854-855 (CIT 1998), Slip Op. 98-83 at 28-30, 40-43, the CIT 
issued an order remanding two issues to the Department. In its remand 
instructions, the Court ordered the Department to reconsider its 
decision not to combine certain production costs for MAN Roland and its 
affiliate MAN Plamag Druckmaschinen AG (MAN Plamag), and granted the 
Department's request to recalculate MAN Roland's selling, general and 
administrative (SG&A) expenses using an appropriate cost allocation 
ratio. In its final remand determination on September 17, 1998, the 
Department declined to compute a single, weighted-average cost for MAN 
Roland and Man Plamag because the companies failed to satisfy the 
fundamental condition for averaging costs -- that the products 
manufactured at their facilities be sufficiently similar in physical 
characteristics, such that they could be considered identical for 
product comparison purposes. However, the Department recalculated MAN 
Roland's SG&A expenses using an appropriate allocation ratio. See 
September 17, 1998, Final Results of Redetermination Pursuant to Court 
Remand (Redetermination 1) at 9-10, 13-14. As a result of our 
recalculations pursuant to Court remand, the antidumping margin for MAN 
Roland changed from 30.72 to 39.60 percent.
    In a later decision on March 16, 1999, Koenig & Bauer-Albert AG, et 
al., v. United States, 44 F. Supp. 2d 280, 287-288 (CIT 1999), Slip Op. 
99-25 at 16-18, the CIT affirmed the Department's recalculation of MAN 
Roland's SG&A expenses, but did not affirm the Department's final 
remand results pertaining to the issue of combining certain production 
costs of MAN Roland and its affiliate. The CIT held that the Department 
did not address the threshold question of whether MAN Roland and MAN 
Plamag should be collapsed in order to properly determine whether their 
production costs should be averaged, and remanded the issue to the 
Department again for reconsideration and explanation consistent with 
its opinion. Upon remand, on August 10, 1999, the Department found that 
MAN Roland and MAN Plamag should have been collapsed as a single entity 
in performing its antidumping analysis in accordance with the 
Department's practice as it then existed and was later codified at 19 
CFR 351.401(f). Moreover, the Department determined that treating these 
affiliated producers as a single entity necessitated that the inputs 
transferred between them be valued at the cost of producing the input, 
and adjusted its constructed value calculations accordingly. 
Furthermore, in light of the identical merchandise requirement for 
production cost averaging purposes, the Department maintained its 
previous remand determination not to weight-average the production 
costs of the two affiliated companies. In addition, because MAN Plamag 
made no sales of subject merchandise to the United States during the 
period of investigation, the Department's decision to collapse MAN 
Roland and MAN Plamag did not require any changes to the sales side of 
the Department's original final margin analysis. However, in contrast 
to its original final determination, the Department applied the same 
margin, as amended based on the above-described cost adjustments, to 
both MAN Roland and MAN Plamag. See August 10, 1999, Final Results of 
Redetermination Pursuant to Court Remand (Redetermination 2) at 5-8. As 
a result of the adjustments made in Redetermination 2, the revised 
antidumping margin for both MAN Roland and MAN Plamag changed from 
39.60 percent (margin calculated based on Redetermination 1) to 39.53 
percent.
    In sum, as a result of the two remands in this case, the final 
dumping rate for MAN Roland and its affiliate MAN Plamag increased from 
30.72 percent (the original final LTFV margin for MAN Roland) to 39.53 
percent ad valorem. The rate for All Others (which was originally based 
on Man Roland's rate) changed accordingly.
    On March 8, 2000, the CIT affirmed the Department's final remand 
results (see Koenig & Bauer-Albert AG, et al., v. United States, Slip 
Op. 00-25, 90 F. Supp. 2d 1284 (CIT 2000). On April 7, 2000, we 
published a notice of court decision (see Notice of Court Decision and 
Suspension of Liquidation: Large Newspaper Printing Presses and 
Components Thereof, Whether Assembled or Unassembled, from Germany, 65 
FR 18294).
    On April 22, 2002, the antidumping duty order on large newspaper 
printing presses and components thereof, whether assembled or 
unassembled, from Germany was revoked effective September 1, 1999 
(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, 67 FR 19551). On May 15, 
2002, the CIT dismissed the litigation (Koenig & Bauer-Albert AG v. 
U.S., Consol. No. 96-10-02298).
    Therefore, in accordance with Redetermination 2, and because all 
litigation has concluded and the injunction has been lifted, we are 
amending our final LTFV determination in this matter and we will 
instruct the BCBP to liquidate entries, as appropriate, in accordance 
with our remand results.

Amendment to Final Determination

    Pursuant to section 516A(e) of the Act, we are amending the final 
determination of LTFV investigation of LNPP from Germany. As a result 
of the remand determinations, we have assigned MAN Roland/MAN Plamag, 
and All Others final weighted-average margins as follows:

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                 Manufacturer/Exporter                             Weighted-average margin percentage
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MAN Roland/MAN Plamag.................................                                                     39.53
All Others............................................                                                     39.53
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[[Page 55589]]

    Accordingly, the Department shall determine, and the BCBP shall 
assess, antidumping duties on all appropriate entries. We will instruct 
the BCBP to assess entry-specific antidumping duty amounts by applying 
an ad valorem rate of 39.53 percent to the value of each entry during 
the period September 5, 1996 through August 31, 1997. The Department 
will issue appraisement instructions to the BCBP after publication of 
the amended final determination.
    This notice is published in accordance with sections 735(d) and 
777(i) of the Act.

    Dated: September 16, 2003.
James J. Jochum,
Assistant Secretaryfor Import Administration.
[FR Doc. 03-24395 Filed 9-25-03; 8:45 am]
BILLING CODE 3510-DS-S