[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Notices]
[Pages 71072-71078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31479]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-863]


Notice of Preliminary Determination of Sales at Less Than Fair 
Value and Affirmative Preliminary Determination of Critical 
Circumstances: Wax and Wax/Resin Thermal Transfer Ribbons From Japan

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

ACTION: Notice of preliminary determination of sales at less than fair 
value.

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EFFECTIVE DATE: December 22, 2003.

FOR FURTHER INFORMATION CONTACT: Cheryl Werner at (202) 482-2667, or 
Paul Walker at (202) 482-0413; Office of AD/CVD Enforcement IX, Group 
III, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Preliminary Determination

    We preliminarily determine that wax and wax/resin thermal transfer 
ribbons (TTR) from Japan are being sold, or are likely to be sold, in 
the United States at less than fair value (LTFV), as provided in 
section 733 of the Tariff Act of 1930, as amended (the Act). The 
preliminary margins assigned to Union Chemicar Company Limited (UC) and 
Dai Nippon Printing Company Limited (DNP) are based on adverse facts 
available (AFA). The estimated margin of sales at LTFV is shown in the 
``Suspension of Liquidation'' section of this notice.
    In addition, we preliminarily determine that there is a reasonable 
basis to believe or suspect that critical circumstances exist with 
respect to imports of subject merchandise from UC and DNP, but not from 
all other Japanese manufacturers/exporters.
    Interested parties are invited to comment on this preliminary 
determination. We will make our final determination not later than 75 
days after the date of this preliminary determination.

Case History

    This investigation was initiated on June 19, 2003.\1\ See Notice of 
Initiation of Antidumping Duty Investigation: Thermal Transfer Ribbons 
From France, Japan and the Republic of Korea, 68 FR 38305 (June 27, 
2003) (Initiation Notice). Since the initiation of the investigation, 
the following events have occurred.
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    \1\ The Petitioner in this investigation is International 
Imaging Materials, Inc. (IIMAK).
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    On July 14, 2003, the United States International Trade Commission 
(ITC) preliminarily determined that there is a reasonable indication 
that an industry in the United States is materially injured by reason 
of imports from France, Japan, and Korea of certain wax and wax/resin 
thermal transfer ribbons. See Certain Wax and Wax/Resin Thermal 
Transfer Ribbons From France, Japan, and Korea, 68 FR 42759 (July 18, 
2003) (ITC Prelim).
    On July 14, 2003, counsel for Armor S.A. (Armor), respondent in the 
antidumping duty investigation of TTR from France, met with the 
Department to discuss product characteristics. On July 17, 2003, Armor 
submitted comments regarding product characteristics and the 
Department's upcoming tour of the Petitioner's TTR production 
facilities in New York. On July 21, 2003, the Department toured these 
facilities and met with the Petitioner to discuss product 
characteristics.
    On August 4, 2003, August 6, 2003 and August 18, 2003, the 
Petitioner submitted comments regarding the model match criteria. On 
August 5, 2003 and August 6, 2003, Armor submitted comments regarding 
the model match criteria. Additional model match comments were 
submitted by other interested parties on this record, as follows: 
Illinois Tool Works Inc. and ITW Specialty Films Co., Ltd. 
(collectively, ITW), respondents in the antidumping duty investigation 
of TTR from the Republic of Korea, on July 21, 2003, and August 4, 
2003; DNP, on August 5, 2003; and Brother

[[Page 71073]]

International Corporation, on August 5, 2003. On August 8, 2003, the 
Department issued its model match criteria via sections B and C of the 
questionnaire (refer to below). On August 28, 2003, the Department 
clarified its model match criteria. On September 4, 2003, the 
Petitioner submitted additional comments regarding model match 
criteria. On October 9, 2003, the Department met with the Petitioner's 
counsel to discuss its model match comments.
    On July 28, 2003 and July 30, 2003, the Petitioner submitted 
comments regarding the scope of the investigation. On August 7, 2003, 
General Company Limited, an interested party, submitted comments 
regarding the scope of the investigation. On September 2, 2003, the 
Petitioner submitted a ``test'' description to the Department, for the 
purpose of determining whether a product should be classified as a wax, 
resin enhanced wax, or wax/resin ribbon. On September 9, 2003, Armor 
submitted comments on the Petitioner's September 2 test proposal. On 
September 11, 2003, the Department issued a clarification to the scope 
of this investigation. See Memorandum from Edward C. Yang, Office 
Director to Joseph A. Spetrini, Deputy Assistant Secretary; Antidumping 
Investigation on Certain Wax and Wax/Resin Thermal Transfer Ribbon from 
France, Japan and Korea: Scope Clarification. The Department removed 
the word ``pure'' from the section discussing the exclusion of resin 
TTR in the scope language.
    On November 4, 2003, the Petitioner submitted a letter to the 
Department correcting a typographical error in the color specification 
of the scope, as written in the petition and initiation notice: ``-
20a*<35'' should read, ``-20