[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67131-67133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26987]


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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: Final Results of Reconsideration 
of Sunset Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 6, 2006, the Department of Commerce (the 
Department) published a notice of preliminary results of the 
reconsideration of the sunset review of the antidumping duty order on 
large newspaper printing presses and components thereof, whether 
assembled or unassembled (LNPP), from Japan (71 FR 64927), following 
the requirements of section 751(c) of the Tariff Act of 1930, as 
amended (the Act). We provided interested parties an opportunity to 
comment on our preliminary results. We received case and rebuttal 
briefs from domestic and foreign interested parties, and we held a 
public hearing. As a result of this review, the Department finds that 
revocation of the order on LNPP from Japan after the original sunset 
review period of 1996-2001 would have likely led to the continuation or 
recurrence of dumping at the levels indicated in the ``Final Results of 
Review'' section of this notice.

EFFECTIVE DATE: November 13, 2008.

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

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the scope of the order are large newspaper 
printing

[[Page 67132]]

presses, including press systems, press additions and press components, 
whether assembled or unassembled, whether complete or incomplete, that 
are capable of printing or otherwise manipulating a roll of paper more 
than two pages across. A page is defined as a newspaper broadsheet page 
in which the lines of type are printed perpendicular to the running of 
the direction of the paper or a newspaper tabloid page with lines of 
type parallel to the running of the direction of the paper.
    In addition to press systems, the scope of the order includes the 
five press system components. They are: (1) a printing unit, which is 
any component that prints in monocolor, spot color and/or process 
(full) color; (2) a reel tension paster (RTP), which is any component 
that feeds a roll of paper more than two newspaper broadsheet pages in 
width into a subject printing unit; (3) a folder, which is a module or 
combination of modules capable of cutting, folding, and/or delivering 
the paper from a roll or rolls of newspaper broadsheet paper more than 
two pages in width into a newspaper format; (4) conveyance and access 
apparatus capable of manipulating a roll of paper more than two 
newspaper broadsheet pages across through the production process and 
which provides structural support and access; and (5) a computerized 
control system, which is any computer equipment and/or software 
designed specifically to control, monitor, adjust, and coordinate the 
functions and operations of large newspaper printing presses or press 
components.
    A press addition is comprised of a union of one or more of the 
press components defined above and the equipment necessary to integrate 
such components into an existing press system.
    Because of their size, large newspaper printing press systems, 
press additions, and press components are typically shipped either 
partially assembled or unassembled, complete or incomplete, and are 
assembled and/or completed prior to and/or during the installation 
process in the United States. Any of the five components, or collection 
of components, the use of which is to fulfill a contract for large 
newspaper printing press systems, press additions, or press components, 
regardless of degree of assembly and/or degree of combination with non-
subject elements before or after importation, is included in the scope 
of the order. Also included in the scope are elements of a LNPP system, 
addition or component, which taken altogether, constitute at least 50 
percent of the cost of manufacture of any of the five major LNPP 
components of which they are a part.
    For purposes of the scope, the following definitions apply 
irrespective of any different definition that may be found in customs 
rulings, U.S. Customs law or the Harmonized Tariff Schedule of the 
United States (HTSUS): (1) the term ``unassembled'' means fully or 
partially unassembled or disassembled; and (2) the term ``incomplete'' 
means lacking one or more elements with which the LNPP is intended to 
be equipped in order to fulfill a contract for a LNPP system, addition 
or component.
    This scope does not cover spare or replacement parts. Spare or 
replacement parts imported pursuant to a LNPP contract, which are not 
integral to the original start-up and operation of the LNPP, and are 
separately identified and valued in a LNPP contract, whether or not 
shipped in combination with covered merchandise, are excluded from the 
scope of the order. Used presses are also not subject to this scope. 
Used presses are those that have been previously sold in an arm's-
length transaction to a purchaser that used them to produce newspapers 
in the ordinary course of business.
    Also excluded from the scope, in accordance with the Department's 
determination in a previous changed circumstances review of the 
antidumping duty order which resulted in the partial revocation of the 
order with respect to certain merchandise, are elements and components 
of LNPP systems, and additions thereto, which feature a 22-inch cut-
off, 50-inch web width and a rated speed no greater than 75,000 copies 
per hour. See Large Newspaper Printing Presses Components Thereof, 
Whether Assembled or Unassembled, from Japan: Final Results of Changed 
Circumstances Antidumping Duty Administrative Review and Intent to 
Revoke Antidumping Duty Order, In Part, 64 FR 72315 (December 27, 
1999). In addition to the specifications set out in this paragraph, all 
of which must be met in order for the product to be excluded from the 
scope of the order, the product must also meet all of the 
specifications detailed in the five numbered sections following this 
paragraph. If one or more of these criteria is not fulfilled, the 
product is not excluded from the scope of the order.
    1. Printing Unit: A printing unit which is a color keyless blanket-
to-blanket tower unit with a fixed gain infeed and fixed gain outfeed, 
with a rated speed no greater than 75,000 copies per hour, which 
includes the following features:
     Each tower consisting of four levels, one or more of which 
must be populated.
     Plate cylinders which contain slot lock-ups and blanket 
cylinders which contain reel rod lock-ups both of which are of solid 
carbon steel with nickel plating and with bearers at both ends which 
are configured in-line with bearers of other cylinders.
     Keyless inking system which consists of a passive feed ink 
delivery system, an eight roller ink train, and a non-anilox and non-
porous metering roller.
     The dampener system which consists of a two nozzle per 
page spraybar and two roller dampener with one chrome drum and one form 
roller.
     The equipment contained in the color keyless ink delivery 
system is designed to achieve a constant, uniform feed of ink film 
across the cylinder without ink keys. This system requires use of 
keyless ink which accepts greater water content.
    2. Folder: A module which is a double 3:2 rotary folder with 160 
pages collect capability and double (over and under) delivery, with a 
cut-off length of 22 inches. The upper section consists of three-high 
double formers (total of 6) with six sets of nipping rollers.
    3. RTP: A component which is of the two-arm design with core drives 
and core brakes, designed for 50 inch diameter rolls; and arranged in 
the press line in the back-to-back configuration (left and right hand 
load pairs).
    4. Conveyance and Access Apparatus: Conveyance and access apparatus 
capable of manipulating a roll of paper more than two newspaper 
broadsheets across through the production process, and a drive system 
which is of conventional shafted design.
    5. Computerized Control System: A computerized control system, 
which is any computer equipment and/or software designed specifically 
to control, monitor, adjust, and coordinate the functions and 
operations of large newspaper printing presses or press components.
    Further, the scope covers all current and future printing 
technologies capable of printing newspapers, including, but not limited 
to, lithographic (offset or direct), flexographic, and letterpress 
systems. The products covered by the scope are imported into the United 
States under subheadings 8443.11.10,

[[Page 67133]]

8443.11.50, 8443.30.00, 8443.59.50, 8443.60.00, and 8443.90.50 of the 
HTSUS. Large newspaper printing presses may also enter under HTSUS 
subheadings 8443.21.00 and 8443.40.00. Large newspaper printing press 
computerized control systems may enter under HTSUS subheadings 
8471.49.10, 8471.49.21, 8471.49.26, 8471.50.40, 8471.50.80, and 
8537.10.90. Although the HTSUS subheadings are provided for convenience 
and customs purposes, our written description of the scope of the order 
is dispositive.

Background

    On November 6, 2006, the Department published in the Federal 
Register a notice of preliminary results of the reconsideration of 
sunset review of the antidumping duty order on LNPP from Japan, 
following the requirements of section 751(c) of the Act. See Large 
Newspaper Printing Presses and Components Thereof, Whether Assembled or 
Unassembled, from Japan: Preliminary Results of Reconsideration of 
Sunset Review, 71 FR 64927 (November 6, 2006) (Preliminary Results). In 
our Preliminary Results, we determined that, for purposes of this 
reconsideration of the sunset review, had the antidumping duty order 
not been revoked in 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) (2002 Sunset Review), revocation of the antidumping duty 
order on LNPP from Japan would have likely led to continuation or 
recurrence of dumping with a margin of 59.67 percent for Mitsubishi 
Heavy Industries, Ltd. (MHI), 51.97 percent for Tokyo Kikai Seisakusho, 
Ltd. (TKS), and an all-others rate of 55.05 percent.
    On December 6, 2006, MHI, TKS, and the domestic interested party, 
Goss International Corporation (known as Goss Graphics Systems Inc. 
during the period of the 2002 Sunset Review) (Goss) submitted case 
briefs in response to the Department's preliminary results. TKS and 
Goss submitted rebuttal comments on December 11, 2006. We held a public 
hearing on December 18, 2006.
    On January 24, 2007, the Court of International Trade (CIT) issued 
its decision in Tokyo Kikai Seisakusho, Ltd. v. United States, 473 F. 
Supp. 2d 1349, 1364 (Ct. Int'l Trade 2007), and ordered the Department 
to ``discontinue any action in regard to a reconsideration'' of the 
sunset review. In accordance with that decision, the Department 
discontinued action with respect to its reconsideration of the sunset 
review. See Large Newspaper Printing Presses and Components Thereof, 
Whether Assembled or Unassembled, from Japan: Discontinuation of 
Reconsideration of Sunset Review, 72 FR 9730 (March 5, 2007).
    On June 17, 2008, the Court of Appeals for the Federal Circuit 
(CAFC) reversed the CIT's decision directing the Department to 
discontinue its sunset review reconsideration. The CAFC held that the 
issue was not ripe for judicial review and that the CIT erred in 
finding that the Department's stated intention to reopen the sunset 
review proceeding (in the context of the March 2006 changed 
circumstances review final results) was final agency action. See Tokyo 
Kikai Seisakusho, Ltd. v. United States, 529 F.3d 1352 (Fed. Cir. 
2008). Accordingly, the Department resumed its reconsideration of the 
sunset review. See Large Newspaper Printing Presses and Components 
Thereof, Whether Assembled or Unassembled, from Japan: Resumption of 
Reconsideration of Sunset Review, 73 FR 57059 (October 1, 2008).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) to David M. Spooner, Assistant Secretary 
for Import Administration, which is hereby adopted and incorporated by 
reference into this notice. Parties can find a discussion of the issues 
raised for the final results of this reconsideration of the sunset 
review and the corresponding recommendations in this public memorandum, 
which is on file in the Central Records Unit, room 1117 of the main 
Department building. In addition, a complete version of the Decision 
Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. 
The paper copy and electronic version of the Decision Memo are 
identical in content.

Final Results of Review

    We determine that, for purposes of this reconsideration of the 
sunset review, had the antidumping duty order not been revoked in the 
2002 Sunset Review, revocation of the antidumping duty order on LNPP 
from Japan would have likely led to continuation or recurrence of 
dumping at the following weighted-average margins:

------------------------------------------------------------------------
                                                            Weighted-
           Manufacturers/Producers/Exporters              Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Mitsubishi Heavy Industries, Ltd.......................          59.67
Tokyo Kikai Seisakusho, Ltd............................          51.97
All Others.............................................          55.05
------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective order (``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 reconsideration of sunset review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: November 6, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-26987 Filed 11-12-08; 8:45 am]
BILLING CODE 3510-DS-S