[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Notices]
[Pages 11834-11835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5655]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-588-863)


Notice of Final Determination of Sales at Less Than Fair Value 
and Affirmative Final 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 Final Determination of Sales at Less Than Fair Value 
and Affirmative Final Determination of Critical Circumstances: Wax and 
Wax/Resin Thermal Transfer Ribbons (TTR) from Japan.

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EFFECTIVE DATE: March 12, 2004.

FOR FURTHER INFORMATION CONTACT: James Doyle at (202) 482-0159 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:

Case History

    The preliminary determination in this investigation was published 
on December 22, 2003. See Notice of Preliminary Determination of Sales 
at Less Than Fair Value: Wax and Wax/Resin Thermal Transfer Ribbons 
From France, 68 FR 71068 (December 22, 2003) (Preliminary 
Determination). Since the publication of the Preliminary Determination, 
the following events have occurred. On December 24, 2003 Union Chemicar 
Company Limited (UC) submitted critical circumstances information. On 
January 5 and January 16, 2004, petitioner, International Imaging 
Materials, Inc. (IIMAK), submitted additional comments regarding its 
allegation that respondents in the three investigations of TTR (France, 
Japan, and South Korea) would attempt to circumvent the order by 
slitting jumbo rolls in third countries, and its request that the 
Department therefore determine that slitting does not change the 
country of origin of TTR for antidumping purposes. On January 9, 2004, 
Armor, S.A. (Armor), the sole respondent in the French investigation, 
submitted additional comments on the country-of-origin issue. On 
January 16, 2004 Dai Nippon Printing Company Limited (DNP) submitted a 
request for a hearing. On February 9, 2004 the Department rejected the 
critical circumstances submissions made by both DNP and UC. On February 
10, 2004 DNP and the Petitioner submitted case briefs. Additionally, on 
February 10, 2004 the Department rejected DNP's case brief because it 
contained the proprietary critical circumstances data which the 
Department had rejected on February 9, 2004. On February 13, 2004 DNP 
resubmitted its case brief. On February 17, 2004 DNP, UC and the 
Petitioner submitted rebuttal briefs. On February 20, 2004 we held a 
hearing on TTR from Japan. Additionally, on February 20, 2004, Ricoh 
Company Limited and Ricoh Electronics Inc. (collectively, Ricoh) 
submitted critical circumstances data. On February 23, 2004, the 
Department rejected Ricoh's critical circumstances data. On February 
27, 2004, Fujicopian Company Limited submitted arguments supporting 
Ricoh's critical circumstances arguments. Please see the Preliminary 
Determination for a history of all previous comments submitted in this 
case.

Scope of Investigation

    This investigation covers wax and wax/resin thermal transfer 
ribbons (TTR), in slit or unslit (``jumbo'') form originating from 
Japan with a total wax (natural or synthetic) content of all the image 
side layers, that transfer in whole or in part, of equal to or greater 
than 20 percent by weight and a wax content of the colorant layer of 
equal to or greater than 10 percent by weight, and a black color as 
defined by industry standards by the CIELAB (International Commission 
on Illumination) color specification such that L*<35, -20www.ia.ita.doc.gov.

Final Critical Circumstances Determination

    On November 26, 2003 the petitioner in this investigation, 
International Imaging Materials Inc. (IIMAK), submitted an allegation 
of critical circumstances with respect to imports of wax and wax/resin 
thermal transfer ribbons from Japan. On December 22, 2003, the 
Department issued its Preliminary Determination that it had reason to 
believe or suspect critical circumstances exist with respect to imports 
of TTR from Japan. See Preliminary Determination, 68 FR at 71074-76. We 
now find that critical circumstances exist for imports of wax and wax/
resin thermal transfer ribbons from Japan. See Decision Memo at Comment 
2.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing CBP to continue to suspend liquidation of all entries of 
subject merchandise from Japan, that are entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
Preliminary Determination for ``all other'' Japanese exporters. The 
Department will direct CBP to suspend liquidation of all entries of TTR 
from Japan that are entered, or withdrawn from warehouse, on or after 
90 days before the date of publication of the Preliminary Determination 
for DNP and UC. CBP shall continue to require a cash deposit or posting 
of a bond equal to the estimated amount by which the normal value 
exceeds the U.S. price as shown below. This suspension of liquidation 
instructions will remain in effect until further notice.
    We determine that the following dumping margins exist for the POI:

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                Manufacturer/exporter                   Margin (percent)
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DNP..................................................             147.30
UC...................................................             147.30
All Others...........................................             106.60
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. The ITC will 
determine, within 45 days, whether imports of subject merchandise from 
Japan are causing material injury, or threaten material injury, to an 
industry in the United States. If the ITC determines that material 
injury or threat of injury does not exist, this proceeding will be 
terminated and all securities posted will be refunded or canceled. If 
the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order directing CBP officials to assess 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse for consumption on or after the effective 
date of the suspension of liquidation.
    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: March 1, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

APPENDIX

List of Issues

1. Country of Origin
2. Critical Circumstances
[FR Doc. 04-5655 Filed 3-11-04; 8:45 am]
BILLING CODE 3510-DS-S