[Federal Register Volume 66, Number 46 (Thursday, March 8, 2001)]
[Notices]
[Pages 13891-13893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5621]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-810]


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

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

ACTION: Notice of preliminary 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). Petitioner is Verson Division of 
Allied Products Corp. This review covers shipments of this merchandise 
to the United States during the period of February 1, 1999 through 
January 31, 2000. We have preliminarily determined that U.S. sales have 
not been made below normal value (NV). If these preliminary results are 
adopted in our final results, we will instruct the U.S. Customs Service 
to liquidate entries without regard to antidumping duties. Interested 
parties are invited to comment on these preliminary results. Parties 
who submit argument are requested to submit with each argument (1) a 
statement of the issue and (2) a brief summary of the argument.

EFFECTIVE DATE: March 8, 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, 
all citations to the Department's regulations are to the provisions 
codified at 19 CFR part 351 (2000).

Background

    The Department published an antidumping duty order on MTPs from 
Japan on February 16, 1990 (55 FR 5642). On March 30, 2000, we 
published a notice initiating an administrative review of MTPs (65 FR 
16875). The review covers one manufacturer, Komatsu, which requested 
the review.
    Due to complicated issues in this case, the Department extended the 
deadline for the preliminary results of this antidumping duty 
administrative review on October 24, 2000. See Mechanical Transfer 
Presses From Japan: Extension of Time Limit for Preliminary Results of 
Antidumping Administrative Review, 65 FR 64666 (October 30, 2000).

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''

[[Page 13892]]

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.

Verification

    As provided in section 782(i) of the Act, we verified information 
provided by Komatsu using standard verification procedures, including 
on-site inspection of the manufacturer's facilities and the examination 
of relevant sales and financial records. Our verification results are 
outlined in public and proprietary versions of the verification report, 
which are on file in the Central Records Unit of the Department.

Normal Value Comparisons

    To determine whether respondent's sales of the subject merchandise 
to the United States were made at less than NV, we compared its export 
price to NV, as described in the ``Export Price'' and ``Normal Value'' 
sections of this notice.

Export Price

    We calculated an export price (EP) in accordance with section 
772(a) of the Act. We calculated EP for Komatsu based on the packed, 
prepaid price to the U.S. customer. We made deductions from the 
starting price for Japanese inland freight and insurance, brokerage and 
handling, international freight, marine insurance, U.S. inland freight, 
and supervision, in accordance with section 772(c)(2) of the Act.

Normal Value

    We preliminarily determine that the use of constructed value (CV) 
is warranted to calculate NV for Komatsu, in accordance with section 
773(a)(4) of the Act. While the home market is viable, sales made to 
the United States do not permit proper price-to-price comparisons with 
sales made in the home market. MTPs are made to each customer's 
specifications, resulting in significant differences among machines. 
Therefore, we have resorted to the use of CV. This decision is 
consistent with Department precedent in this proceeding. See, e.g., 
Mechanical Transfer Presses from Japan; Preliminary Antidumping Duty 
Administrative Review, and Intent to Revoke Order in Part, 63 FR 11211, 
11213 (March 6, 1998).
    We note that in past proceedings involving large, custom-built 
capital equipment, in addition to prior reviews of this order, we have 
normally resorted to CV. See, e.g., Large Newspaper Printing Presses 
and Components Thereof, Whether Assembled or Unassembled, From Japan: 
Preliminary Results of Antidumping Duty Administrative Review, 65 FR 
62700, 62702 (Oct. 19, 2000); Large Power Transformers from France: 
Final Result of Antidumping Administrative Review, 61 FR 40403, (Aug. 
2, 1996). CV consists of cost of design, direct materials, direct 
labor, variable overhead, fixed overhead, product-line R&D, and loss on 
disposals of inventories (yielding total cost of manufacturing), plus 
general and administrative expenses, net interest expense, profit, and 
U.S. packing expenses. We added to CV amounts for direct selling 
expenses (i.e., warranties, credit, and commissions) for merchandise 
exported to the United States. We subtracted home market direct selling 
expenses (i.e., warranties and credit).

Preliminary Results of Review

    We preliminarily determine that the following dumping margin 
exists:


------------------------------------------------------------------------
            Manufacturer/exporter                Time period      Margin
------------------------------------------------------------------------
Komatsu, Ltd................................    2/01/99-1/31/00     0.99
------------------------------------------------------------------------

    Parties to the proceeding may request disclosure within 5 days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Any interested party may request a hearing within 30 days 
of publication in accordance with 19 CFR 351.310(c). Any hearing, if 
requested, will be held 37 days after the publication of this notice, 
or the first workday thereafter. Interested parties may submit case 
briefs within 30 days of the date of publication of this notice in 
accordance with 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, which must 
be limited to issues raised in the case briefs, may be filed not later 
than 35 days after the date of publication. The Department will publish 
a notice of final results of this administrative review, which will 
include the results of its analysis of issues raised in any such 
comments, not later than 120 days after the date of publication of this 
notice.
    The Department shall determine, and the U.S. Customs Service shall 
assess, antidumping duties on all appropriate entries. Upon completion 
of this review, the Department will issue appraisement instructions 
directly to the Customs Service. Furthermore, the following deposit 
rate will be effective upon publication of the final results of this 
administrative review for all shipments of MTPs from Japan entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided for by section 751(a)(2)(C) of the Act: (1) For 
Komatsu, the cash deposit rate will be the rate established in the 
final results of this review; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will be 
the company-specific rate established for the most recent period; (3) 
if the exporter is not a firm covered in this review, a prior review, 
or the original 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 subject merchandise; and (4) for all other 
producers and/or exporters of this merchandise, the cash deposit rate 
shall be the rate established in the LTFV investigation, which is 14.51 
percent. See Notice of Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Mechanical Transfer Presses from 
Japan, dated September 15, 1997. These deposit rates, when imposed, 
shall remain in effect until publication of the final results of the 
next administrative review.
    This notice also serves as a preliminary 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.
    This administrative review and notice are issued in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act (19 U.S.C. 1675(a)(1) and 
19 U.S.C 1677f(i)(1)). Effective January 20, 2001, Bernard T. Carreau 
is fulfilling the duties of the Assistant Secretary for Import 
Administration.


[[Page 13893]]


    Dated: February 28, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 01-5621 Filed 3-7-01; 8:45 am]
BILLING CODE 3510-DS-P