[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Pages 11557-11559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4659]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-821]


Large Newspaper Printing Presses and Components Thereof, Whether 
Assembled or Unassembled, From Germany: 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.

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SUMMARY: On October 19, 2000, the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on large newspaper printing presses and components thereof, 
whether assembled or unassembled, from Germany (65 FR 62695). This 
review covers MAN Roland Druckmaschinen AG, a manufacturer/exporter of 
the subject merchandise to the United States. The period of review is 
September 1, 1998, through August 31, 1999.
    We gave interested parties an opportunity to comment on the 
preliminary results. In addition, during January 2001 we requested, and 
MAN Roland submitted, updated cost and payment information on U.S. and 
home market sales. Based on our analysis of the comments received and 
the updated information, we have made changes in the margin 
calculations. Therefore, the

[[Page 11558]]

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: David J. Goldberger or Kate Johnson, 
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) 482-4136, or (202) 482-4929, 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 one manufacturer/exporter, MAN Roland 
Druckmaschinen AG (MAN Roland).
    On October 19, 2000, the Department of Commerce published in the 
Federal Register the preliminary results of administrative review of 
the antidumping duty order on large newspaper printing presses and 
components thereof, whether assembled or unassembled, from Germany (65 
FR 62695) (Preliminary Results).\1\
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    \1\ Also on October 19, 2000, in the context of the same Federal 
Register notice, the Department published the rescission of the 
concurrent 1997-1998 and 1998-1999 administrative reviews with 
respect to Koenig & Bauer AG (KBA) and the final determinations of 
scope inquiries on certain LNPP parts imported from Germany by KBA's 
U.S. affiliate.
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    We invited parties to comment on our preliminary results of review. 
We received case briefs from the petitioner and the respondent on 
November 27, 2000, and rebuttal briefs from both parties on December 4, 
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 (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 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, U.S. 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.
    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 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

[[Page 11559]]

find a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file 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 
margin exists for the period September 1, 1998 through August 31, 1999:

------------------------------------------------------------------------
                                                                 Margin
           Manufacturer/exporter                  Period       (percent)
------------------------------------------------------------------------
MAN Roland Druckmaschinen AG...............    9/1/98-8/31/99       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 MAN Roland, we have calculated 
an importer-specific assessment rate by aggregating the dumping margins 
calculated for all examined sales and dividing by the entered value of 
those sales. This rate will be assessed uniformly on all entries of 
that particular importer made with respect to the U.S. sale 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 Germany 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 rate for MAN 
Roland will be the rate established above in the ``Final Results of the 
Review'' section; (2) for previously 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, 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 30.72 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 351.305(a)(3). 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. Date of Sale
2. Classification of MAN Roland's U.S. Sale
3. CEP Offset Adjustment
4. Calculation of Imputed Credit Expenses
5. Affiliated Party Commissions
6. Home Market Warranty Expenses
7. U.S. Indirect Selling Expenses Incurred in Germany
8. Allocation of General and Administrative Expenses to Further 
Manufacturing
9. Treatment of Installation Costs Incurred in the United States
10. Calculation of Constructed Value Profit
11. Inclusion of Home Market Installation Expenses in Home Market 
Cost of Manufacture for Profit Calculations
[FR Doc. 01-4659 Filed 2-23-01; 8:45 am]
BILLING CODE 3510-DS-P