[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57059-57060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23163]


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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: Resumption of Reconsideration of 
Sunset Review

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

EFFECTIVE DATE: September 22, 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, 14th Street & Constitution 
Avenue, NW, Washington, DC, 20230; telephone: 202-482-4136, or 202-482-
4929, respectively.

Resumption of Reconsideration of Sunset Review

    On April 13, 2006, the Department of Commerce (the Department) 
published the notice of initiation 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. See Large Newspaper Printing Presses and Components 
Thereof, Whether Assembled or Unassembled, From Japan: Reconsideration 
of Sunset Review, 71 FR 19164 (April 13, 2006). This review was 
initiated to reconsider the sunset review of the antidumping duty order 
on LNPP from Japan, which resulted in the revocation of that 
antidumping duty order. 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). The Department published its preliminary results 
in the reconsideration of sunset review on November 6, 2006. See Large 
Newspaper Printing Presses and Components Thereof, Whether Assembled or 
Unassembled, from Japan: Preliminary Results of Reconsideration

[[Page 57060]]

of Sunset Review, 71 FR 64927 (November 6, 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 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 is resuming its reconsideration of the sunset review.
    Prior to the CIT's discontinuation order issued on January 24, 
2007, the final results of this review were due by March 9, 2007, or 45 
days from that date. The Department was advised by the Department of 
Justice on September 22, 2008, that it may resume this review. 
Accordingly, the Department intends to issue its final results for this 
review no later than 45 days following its resumption of the review, 
i.e., by November 6, 2008.

    Dated: September 25, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-23163 Filed 9-30-08; 8:45 am]
BILLING CODE 3510-DS-S