[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Notices]
[Pages 19164-19166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5500]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-837]


Large Newspaper Printing Presses and Components Thereof, Whether 
Assembled or Unassembled, From Japan: Reconsideration of Sunset Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is initiating 
a review to reconsider the five-year (``sunset'') review that resulted 
in revocation of the antidumping duty order on large

[[Page 19165]]

newspaper printing presses and components thereof, whether assembled or 
unassembled, from Japan.

EFFECTIVE DATE: April 13, 2006.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Kate Johnson, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
4136, or (202) 482-4929 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 25, 2002, the Department revoked the antidumping duty 
order on large newspaper printing presses (LNPP) from Japan under a 
five-year sunset review pursuant to section 751(c)(3)(A) of the Tariff 
Act of 1930, as amended (the Act), because the only domestic interested 
party in the sunset review, Goss International Corporation (Goss), 
withdrew its participation and thus its interest in the review. See 
Large Newspaper Printing Presses and Components Thereof, Whether 
Assembled or Unassembled, from Japan (A-588-837) and Germany (A-428-
821): Notice of Final Results of Five-Year Sunset Reviews and 
Revocation of Antidumping Duty Orders, 67 FR 8522 (February 25, 2002).
    On May 5, 2005, the Department self-initiated a changed 
circumstances review to consider information contained in a federal 
court decision, Goss International Corp. v. Tokyo Kikai Seisakusho, 
Ltd., 321 F.Supp.2d 1039 (N.D. Iowa 2004). See Large Newspaper Printing 
Presses and Components Thereof, Whether Assembled or Unassembled, from 
Japan: Initiation of Changed Circumstances Review, 70 FR 24524 (May 10, 
2005). On March 8, 2006, the Department published the final results of 
that changed circumstances review. See Large Newspaper Printing Presses 
and Components Thereof, Whether Assembled or Unassembled, from Japan: 
Final Results of Changed Circumstances Review (71 FR 11590) (CCR Final 
Results). In the final results, the Department stated that it would 
reopen for reconsideration the sunset review that resulted in 
revocation of this order. The Department further stated that it would 
conduct this reconsideration of the sunset review following the 
procedures outlined in section 751(c) of the Act and 19 CFR 351.218.

Initiation of Reconsideration of Sunset Review

    As detailed in CCR Final Results, particularly at Comments 2 and 3 
of the accompanying Issues and Decision Memorandum, the misconduct of 
the respondent Tokyo Kikai Seisakusho, Ltd. (TKS) during the 1997-1998 
administrative review of the LNPP antidumping duty order, which 
ultimately led to its company-specific revocation from the underlying 
order, substantially tainted the integrity of the proceeding, and may 
have significantly undermined the integrity of the sunset review 
results, including the parties' decisions whether or not to participate 
in the sunset review. As such, the results of that sunset review are 
unreliable. Accordingly, the Department will reconsider the sunset 
review it conducted when the order was in place, but when the 
Department was unaware of misstatements made by TKS with the purpose of 
avoiding a determination of dumping. This action is warranted because 
the Department has the responsibility and authority to defend the 
integrity of its past determinations and to ensure the integrity of its 
future proceedings against deliberate, misleading behavior. Therefore, 
we are conducting anew the five-year sunset review of LNPP from Japan. 
As in a situation when a suspension agreement is terminated and an 
investigation is resumed, the Department will examine and collect 
information from the prior sunset review period (i.e., September 4, 
1996, through September 4, 2001). See, e.g., Final Determination of 
Sales at Less Than Fair Value: Uranium from the Republic of Kazakhstan, 
64 FR 31179 (June 10, 1999). See also Fresh Tomatoes from Mexico: 
Notice of Intent to Terminate Suspension Agreement, Intent to Terminate 
the Five-Year Sunset Review, Intent to Resume Antidumping 
Investigation, and Request for Comments on the Use of Updated 
Information, 67 FR 43278 (June 27, 2002).
    In reconsidering this sunset review, as with any sunset review, the 
Department will report to the International Trade Commission (``ITC'') 
whether or not there is a likelihood of continuation of dumping; 
however, the Department by itself cannot order the continuation of an 
antidumping order without an affirmative injury finding by the ITC. See 
section 751(c) of the Act; Uruguay Round Agreements Act, Statement of 
Administrative Action, H.R. Doc No. 103-316, vol. 1, at 879 (1994) (the 
Department determines whether the revocation of the order would lead to 
recurring or continuing dumping, but the ITC determines the likelihood 
of recurring or continuing injury).
    The Department's procedures for the conduct of sunset reviews are 
set forth in its Procedures for Conducting Five-Year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of sunset reviews is set forth in the Department's Policy 
Bulletin 98.3--Policies Regarding the Conduct of Five-Year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 
63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin''). These 
procedures and guidance will apply in this reconsideration.

Filing Information

    All submissions in this reconsideration of the sunset review must 
be filed in accordance with the Department's regulations regarding 
format, translation, service, and certification of documents. These 
rules can be found at 19 CFR 351.303.
    Pursuant to 19 CFR 351.103(c), the Department will maintain and 
make available a service list for this proceeding. To facilitate the 
timely preparation of the service list, it is requested that those 
seeking recognition as interested parties to a proceeding contact the 
Department in writing within 10 days of the publication of this notice.
    As the deadlines in this review may be short, we urge interested 
parties to apply for access to proprietary information under 
administrative protective order (``APO'') immediately following 
publication in the Federal Register of this notice. The Department's 
regulations on submission of proprietary information and eligibility to 
receive access to business proprietary information under APO can be 
found at 19 CFR 351.304-306.

Information Required From Interested Parties

    Domestic interested parties (defined in section 771(9)(C), (D), 
(E), (F), or (G) of the Act and 19 CFR 351.102(b)) wishing to 
participate in this reconsideration of the sunset review must respond 
not later than 15 days after the date of publication in the Federal 
Register of this notice by filing a notice of intent to participate. 
The required contents of the notice of intent to participate are set 
forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's 
regulations, if we do not receive a notice of intent to participate

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from at least one domestic interested party by the 15-day deadline, the 
Department will terminate this reconsideration of the sunset review. 
See 19 CFR 351.218(d)(1)(iii).
    If we receive a notice of intent to participate from a domestic 
interested party, the Department's regulations provide that all parties 
wishing to participate in a sunset review must file complete 
substantive responses not later than 30 days after the date of 
publication in the Federal Register of this notice. The required 
contents of a substantive response are set forth at 19 CFR 
351.218(d)(3). Note that certain information requirements differ for 
respondent and domestic parties. Please consult the Department's 
regulations for information regarding the Department's conduct of 
sunset reviews.\1\ Please consult the Department's regulations at 19 
CFR Part 351 for definitions of terms and for other general information 
concerning antidumping and countervailing duty proceedings at the 
Department.
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    \1\ In comments made on the interim final sunset regulations, a 
number of parties stated that the proposed five-day period for 
rebuttals to substantive responses to a notice of initiation was 
insufficient. This requirement was retained in the final sunset 
regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 
351.302(b), however, the Department will consider individual 
requests for extension of that five-day deadline based upon a 
showing of good cause.

    Dated: April 6, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-5500 Filed 4-12-06; 8:45 am]
Billing Code: 3510-DS-P