[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Pages 11555-11557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4658]


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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 Antidumping Duty 
Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On October 19, 2000, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on large newspaper printing presses and components thereof, 
whether assembled or unassembled, from Japan (65 FR 62700). This review 
covers the U.S. sales of two manufacturers/exporters, Mitsubishi Heavy 
Industries, Ltd. and Tokyo Kikai Seisakusho, Ltd. The period of review 
is September 1, 1998, through August 31, 1999.
    We gave interested parties an opportunity to comment on the 
preliminary results. Based on our analysis of the comments received, we 
have made changes in the margin calculations. Therefore, the final 
results differ from the preliminary results. The final weighted-average 
dumping margins for the reviewed firms are listed below in the ``Final 
Results of Review'' section of this notice.

EFFECTIVE DATE: February 26, 2001.

FOR FURTHER INFORMATION CONTACT: James Nunno or Christopher Priddy, 
Office 2, AD/CVD Enforcement Group I, Import Administration, Room B099, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington,DC 20230; telephone: 
(202) 482-0783, or (202) 482-1130, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (April 1999).

Background

    This review covers two manufacturers/exporters, Mitsubishi Heavy 
Industries, Ltd. (MHI) and Tokyo Kikai Seisakusho, Ltd. (TKS).
    On October 19, 2000, the Department of Commerce published in the 
Federal Register the preliminary results of the antidumping duty order 
on large newspaper printing presses and components thereof, whether 
assembled or unassembled, (LNPPs) from Japan. See Large Newspaper 
Printing Presses and Components Thereof, Whether Assembled or 
Unassembled, from Japan: Preliminary Results of Antidumping Duty 
Administrative Review, 65 FR 62700 (Oct. 19, 2000) (Preliminary 
Results).
    We invited parties to comment on our preliminary results of review. 
At the request of MHI and its affiliate MLP U.S.A., Inc., we held a 
public hearing on December 20, 2000. The Department has conducted this 
administrative review in accordance with section 751 of the Act.

Scope of the Review

    The products covered by this review are large newspaper printing 
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 this review 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, which is any component that 
feeds a roll of paper more than two

[[Page 11556]]

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 this review. 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 this review, the following definitions apply 
irrespective of any different definition that may be found in Customs 
rulings, Customs law or the Harmonized Tariff Schedule of the United 
States (HTSUS): 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 this review. 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 changed-circumstances antidumping duty 
administrative review of this order with respect to MHI 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 (Dec. 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:
    <bullet> Each tower consisting of four levels, one or more of which 
must be populated.
    <bullet> 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.
    <bullet> 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.
    <bullet> The dampener system which consists of a two nozzle per 
page spraybar and two roller dampener with one chrome drum and one form 
roller.
    <bullet> 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, this review 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 this review are imported into the 
United States under subheadings 8443.11.10, 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 this review is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Richard W. Moreland, Deputy 
Assistant Secretary for Import Administration, to Bernard T. Carreau, 
fulfilling the duties of Assistant Secretary for Import Administration, 
dated February 15, 2001, which is hereby adopted by this notice. A list 
of the issues which parties

[[Page 11557]]

have raised and to which we have responded, all of which are in the 
Decision Memorandum, is attached to this notice as an Appendix. Parties 
can find a complete discussion of all issues raised in this review and 
the corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit in Room B-099 of the main Commerce 
Building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes to the margin calculations. For a discussion of these changes, 
see the ``Margin Calculations'' section of the Decision Memorandum.

Final Results of the Review

    As a result of this review, we have determined that the following 
margins exist for the period September 1, 1998 through August 31, 1999: 
\1\
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    \1\ As explained in the Preliminary Results, MHI's U.S. sale to 
the Bergen Record was contracted for during previous administrative 
review period, covering sales of the subject merchandise for the 
period September 1, 1997 through August 31, 1998. However, we 
deferred review of this sale until this administrative review period 
because the entries relating to this sale were not fully delivered 
and installed by the conclusion of that review period. See 
Preliminary Results, 65 FR at 62700.

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Mitsubishi Heavy Industries, Ltd.............................      15.72
Tokyo Kikai Seisakusho, Ltd..................................       0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the Customs Service. 
For entries of subject merchandise from MHI and TKS, we have calculated 
importer-specific assessment rates by aggregating the dumping margins 
calculated for all examined sales and dividing by the entered value of 
those sales. These rates will be assessed uniformly on all entries of 
that particular importer made with respect to the U.S. sales examined. 
In accordance with 19 CFR 351.106(c)(2), we will instruct the Customs 
Service to liquidate without regard to antidumping duties all entries 
of the subject merchandise for which the importer-specific assessment 
rate is zero or de minimis (i.e., less than 0.50 percent).
    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 double antidumping duties.

Cash Deposit Requirements

    The following deposit requirements shall be effective for all 
shipments of the subject merchandise from Japan that are entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of the final results of these administrative review, as provided 
for by section 751(a)(1) of the Act: (1) The cash deposit rates for MHI 
and TKS will be the rates established above in the ``Final Results of 
the Review'' section; (2) for previously investigated companies not 
listed above, the cash deposit rates will continue to be the company-
specific rates published for the most recent period; (3) if the 
exporter is not a firm covered in this review, or the original 
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 of this merchandise will continue to be 
58.69 percent, the all others rate made effective by the less-than-fair 
value investigation. These requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.
    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 353.34(d). Timely written notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulation and the terms of an APO is a sanctionable violation.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221.

    Dated: February 16, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.

Appendix--Issues in Decision Memorandum

Comments

* * * * *
1. Universe of Home Market Sales
2. Date of Sale
3. Time Period for Selling Expense and Cost Ratios
4. Denominator of the Profit and Selling Expense Ratios Used in 
Constructed Value
5. Allocation of General and Administrative Expenses to Further 
Manufacturing
6. Denominator of the General and Administrative Expense Ratio 
Applied to Further Manufacturing
7. Credit Expenses for the Pre-Production Period
8. Credit Expenses for the Post-Production Period

[FR Doc. 01-4658 Filed 2-23-01; 8:45 am]
BILLING CODE 3510-DS-P