[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Notices]
[Pages 27937-27938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12751]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-810]


Mechanical Transfer Presses From Japan: Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review: mechanical transfer presses from Japan.

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SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on mechanical 
transfer presses (MTPs) from Japan in response to a request by 
respondent, Komatsu, Ltd. (Komatsu). This review covers shipments of 
this merchandise to the United States during the period of February 1, 
1999 through January 31, 2000. On March 8, 2001, we published our 
preliminary determination that U.S. sales were not made below normal 
value (NV). We have affirmed this finding in these final results. We 
will instruct the U.S. Customs Service to liquidate entries without 
regard to antidumping duties.

EFFECTIVE DATE: May 21, 2001.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Sally Gannon, 
Antidumping/Countervailing Duty Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-0666 or (202) 482-0162, respectively.

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated,

[[Page 27938]]

all citations to the Department's regulations are to the provisions 
codified at 19 CFR part 351 (2000).

Background

    On March 8, 2001, the Department published the preliminary results 
of review for the period February 1, 1999 through January 31, 2000 (66 
FR 13891). We invited parties to comment on our preliminary results of 
review. On April 9, 2001, Komatsu submitted a case brief alleging that 
the Department had erroneously omitted home market indirect selling 
expenses from its analysis, and that the preliminary results as 
published in the Federal Register contained an error. On April 12, 
2001, Komatsu withdrew its allegation regarding home market indirect 
selling expenses, but maintained its allegation of an error in the 
Federal Register notice. The Department has conducted this 
administrative review in accordance with section 751 of the Act.

Scope of Review

    Imports covered by this review include MTPs currently classifiable 
under Harmonized Tariff Schedule (HTS) item numbers 8462.99.0035 and 
8466.94.5040. The HTS subheadings are provided for convenience and 
Customs purposes only. The written description of the scope of this 
order is dispositive. The term ``mechanical transfer presses'' refers 
to automatic metal-forming machine tools with multiple die stations in 
which the work piece is moved from station to station by a transfer 
mechanism designed as an integral part of the press and synchronized 
with the press action, whether imported as machines or parts suitable 
for use solely or principally with these machines. These presses may be 
imported assembled or unassembled. This review does not cover certain 
parts and accessories, which were determined to be outside the scope of 
the order. (See ``Final Scope Ruling on Spare and Replacement Parts,'' 
U.S. Department of Commerce, March 20, 1992; and ``Final Scope Ruling 
on the Antidumping Duty Order on Mechanical Transfer Presses (MTPs) 
from Japan: Request by Komatsu, Ltd.,'' U.S. Department of Commerce, 
October 3, 1996.) This review covers one manufacturer of MTPs, and the 
period February 1, 1999 through January 31, 2000.

Comments From Interested Parties and Changes Since the Preliminary 
Results

    Komatsu has alleged that the Federal Register notice publishing the 
Department's preliminary results did not accurately state Komatsu's 
margin. Komatsu alleged that, while the notice stated that its margin 
was 0.99 percent, the Department had calculated its margin to be 0.00 
percent. We agree with Komatsu. The Department calculated a preliminary 
margin of 0.00 percent for Komatsu, as can be seen in the Memorandum to 
the File from Mark Hoadley through Sally Gannon; Analysis of Komatsu, 
Ltd. (Feb. 14, 2001), and as can also be inferred from the surrounding 
context of the preliminary notice. Therefore, as there are no other 
allegations or comments from interested parties regarding our 
preliminary results of review, we find a margin of 0.00 percent for 
Komatsu for purposes of these final results.

Final Results of Review

    We determine that the following percentage weighted-average margin 
exists for the period February 1, 1999 through January 31, 2000:

------------------------------------------------------------------------
                                                                Margin
            Manufacturer/ exporter              Time period    percent
------------------------------------------------------------------------
Komatsu, Ltd..................................  02/01/99-01/        0.00
                                                      31/00
------------------------------------------------------------------------

    Because the weighted-average dumping margin is zero, we will 
instruct the U.S. Customs Service to liquidate entries made during this 
review period without regard to antidumping duties for the subject 
merchandise that Komatsu exported.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of MTPs from Japan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for 
the reviewed company will be the rate shown above; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 14.51 percent. This rate 
is the ``All Others'' rate from the LTFV investigation. These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: May 14, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-12751 Filed 5-18-01; 8:45 am]
BILLING CODE 3510-DS-P