Notice of Final Determination of Sales at Less Than Fair Value: Outboard Engines From Japan, 326-329 [E4-3925]
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326
Notices
Federal Register
Vol. 70, No. 2
Tuesday, January 4, 2005
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–008]
Correction: Notice of Final Results of
Antidumping Duty Administrative
Review: Circular Welded Carbon Steel
Pipes and Tubes From Taiwan
BILLING CODE 3510–DS–S
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 30, 2004
FOR FURTHER INFORMATION CONTACT:
Angela Strom at (202) 482–2704, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On
September 30, 2004, the Department of
Commerce published the final results of
the administrative review of the
antidumping order covering circular
welded carbon steel pipes and tubes
from Taiwan. See Circular Welded
Carbon Steel Pipes and Tubes From
Taiwan: Final Results of Antidumping
Duty Administrative Review, 69 FR
58390 (Final Results). The version
published in the Federal Register
contained a typographical error which is
being identified and corrected by this
Correction notice.
During the publication process, the
title of one of the sections‘‘Assessment’’ -was transposed into the
chart in the previous section that
identified the respondent and the final
weighted–average margin. The
necessary correction is as follows:
International Trade Administration
AGENCY:
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Tri-County Advisory
Committee Meeting
AGENCY:
ACTION:
Forest Service, USDA.
Notice of meeting.
SUMMARY: Pursuant to the authorities in
the Federal Advisory Committee Act
(Pub. L. 92–463) and under the Secure
Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 106–
393) the Beaverhead-Deerlodge National
Forest’s Tri-County Resource Advisory
Committee will meet on Thursday,
February 3, 2005, from 4 p.m. to 8 p.m.
in Deer Lodge, Montana, for a business
meeting. The meeting is open to the
public.
DATES:
Thursday, February 3, 2005.
The meeting will be held at
the USDA Service Center, 1002
Hollenback Road, Deer Lodge, Montana.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Thomas K. Reilly, Designated Forest
Official (DFO), Forest Supervisor,
Beaverhead-Deerlodge National Forest,
at (406) 683–3973.
Agenda
topics for this meeting includes a review
of projects approved and proposed for
funding as authorized under Title II of
Public Law 106–393, new proposals for
funding, information about a
community fire plan, and public
comment. If the meeting location is
changed, notice will be posted in local
newspaper, including The Montana
Standard.
SUPPLEMENTARY INFORMATION:
Dated: December 27, 2004.
Thomas K. Reilly,
Forest Supervisor, Designated Federal
Official.
[FR Doc. 05–30 Filed 1–3–05; 8:45 am]
BILLING CODE 3410–11–M
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Jkt 205001
Dated: December 28, 2004.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E4–3924 Filed 1–3–05; 8:45 am]
DEPARTMENT OF COMMERCE
[A–588–865]
Notice of Final Determination of Sales
at Less Than Fair Value: Outboard
Engines From Japan
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 4, 2005.
FOR FURTHER INFORMATION CONTACT:
James Kemp or Shane Subler at (202)
482–5346 or (202) 482–0189,
respectively; AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW.,
Washington, DC 20230.
AGENCY:
Final Determination
We determine that outboard engines
from Japan are being sold, or are likely
to be sold, in the United States at less
than fair value (LTFV), as provided in
section 735 of the Tariff Act of 1930, as
amended (the Act). The estimated
margins of sales at LTFV are shown in
the Continuation of Suspension of
Liquidation section of this notice.
Case History
The preliminary determination in this
investigation was published on August
We determine the following dumping 12, 2004. See Notice of Preliminary
Determination of Sales at Less Than
margin exists for the period May 1,
Fair Value and Postponement of Final
2002, to April 30, 2003.
Determination: Outboard Engines from
Weighted–Average Japan, 69 FR 49863 (August 12, 2004)
Producer and Exporter
Margin (percent(Preliminary Determination). Since the
age)
publication of the preliminary
determination, the following events
Yieh Hsing ....................
1.61
have occurred:
In September and October 2004, the
Assessment
Department of Commerce (the
The Department shall determine ....
Department) verified the questionnaire
(See Final Results at 58391 for the
responses submitted by Yamaha Motor
balance of this section).’’
Company, Ltd., Yamaha Marine
This notice is published in
Company, Ltd., and Yamaha Motor
accordance with sections 751(a)(1) and
Corporation, U.S.A. (collectively
777(i)(1) of the Act.
Yamaha). The sales and cost verification
Final Results of Review
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04JAN1
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices
reports were issued on November 1,
2004. On November 10, 2004, we
received case briefs from (1) the
petitioner; 1 (2) BRP U.S. Inc. and
Bombardier Recreational Products Inc.
(collectively, BRP), a domestic
interested party; (3) American Honda
Motor Co., Inc., and Honda Motor Co.,
Ltd., American Suzuki Motor
Corporation and Suzuki Motor
Corporation, Tohatsu Corporation,
Tohatsu Marine Corporation, and
Tohatsu America Corporation, Nissan
Marine Co., Ltd. (collectively, the Other
Japanese Parties); and (4) Yamaha.2 On
November 17, 2004, we received
rebuttal briefs from the petitioner, BRP,
and Yamaha. Since no request was
made for a public hearing, a public
hearing was not held.
Scope of Investigation
For the purpose of this investigation,
the products covered are outboard
engines (also referred to as outboard
motors), whether assembled or
unassembled; and powerheads, whether
assembled or unassembled. The subject
engines are gasoline-powered sparkignition, internal combustion engines
designed and used principally for
marine propulsion for all types of light
recreational and commercial boats,
including, but not limited to, canoes,
rafts, inflatable, sail and pontoon boats.
Specifically included in this scope are
two-stroke, direct injection two-stroke,
and four-stroke outboard engines.
Outboard engines are comprised of (1)
a powerhead assembly, or an internal
combustion engine, (2) a midsection
assembly, by which the outboard engine
is attached to the vehicle it propels, and
(3) a gearcase assembly, which typically
includes a transmission and propeller
shaft, and may or may not include a
propeller. To the extent that these
components are imported together, but
unassembled, they collectively are
covered within the scope of this
investigation. An ‘‘unassembled’’
outboard engine consists of a
powerhead as defined below, and any
other parts imported with the
powerhead that may be used in the
assembly of an outboard engine.
Powerheads are comprised of, at a
minimum, (1) a cylinder block, (2)
pistons, (3) connecting rods, and (4) a
crankshaft. Importation of these four
components together, whether
1 The petitioner in this investigation is Mercury
Marine, a division of Brunswick Corporation.
2 On December 6, 2004, we rejected the case briefs
submitted by Yamaha and the Other Japanese
Parties because they contained new factual
information. After making the revisions requested
by the Department, Yamaha and the Other Japanese
Parties resubmitted the briefs on December 7, 2004.
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assembled or unassembled, and whether
or not accompanied by additional
components, constitute a powerhead for
purposes of this investigation. An
‘‘unassembled’’ powerhead consists of,
at a minimum, the four powerhead
components listed above, and any other
parts imported with it that may be used
in the assembly of a powerhead.
The scope does not include parts or
components (other than powerheads)
imported separately.
The outboard engines and
powerheads subject to this investigation
are currently classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings
8407.21.0040 and 8407.21.0080.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise under investigation is
dispositive.
Excluded from the scope of the
investigation are five specific models of
powerheads.
The specific characteristics for each
excluded powehead are described
below.
1. 75 Horsepower Carbureted
Powerhead: the engine type is fourstroke inline four cylinder internal
combustion engine; the valve train
consists of sixteen valves and twin cam
with timing belt and tensioner; the
crankcase is of high-pressure die-cast
aluminum; the block is of high-pressure
die-cast aluminum with iron cylinder
liners; displacement 1.596 liters; bore
and stroke 79 mm x 81.4 mm;
compression ratio 9.6: 1; fuel supplied
by four individual carburetors fitted to
left side (as viewed from rear) of engine;
power output 55.9 kW at 5000 RPM;
fuel consumption 28.0 L/H Max at 6000
RPM; maximum height 539 mm;
maximum width 435 mm; maximum
length 646 mm; and weight (dry) 180.5
lbs./81.6 kg.
2. 90 Horsepower Carbureted
Powerhead: the engine type is fourstroke inline four cylinder internal
combustion engine; the valve train
consists of sixteen valves and twin cam
with timing belt and tensioner; the
crankcase is of high-pressure die-cast
aluminum; the block is of high-pressure
die-cast aluminum with iron cylinder
liners; displacement 1.596 liters; bore
and stroke 79 mm x 81.4 mm;
compression ratio 9.6: 1; fuel supplied
by four individual carburetors fitted to
left side (as viewed from rear) of engine;
power output 67.1 kW at 5500 RPM;
fuel consumption 31.5 L/H Max at 6000
RPM; maximum height 539 mm;
maximum width 435 mm; maximum
length 646 mm; and weight (dry) 180.5
lbs./81.6 kg.
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327
3. 75 Horsepower Electronic Fuel
Injection Powerhead: the engine type is
four-stroke inline four cylinder internal
combustion engine; the valve train
consists of sixteen valves and twin cam
with timing belt and tensioner; the
crankcase is of high-pressure die-cast
aluminum; the block is of high-pressure
die-cast aluminum with iron cylinder
liners; displacement 1.596 liters; bore
and stroke 79 mm x 81.4 mm;
compression ratio 9.6: 1; fuel supplied
by single throttle body multi-point
electronic fuel injection; power output
55.9 kW at 5000 RPM; fuel consumption
29.0 L/H Max at 6000 RPM; maximum
height 539 mm; maximum width 435
mm; maximum length 646 mm; and
weight (dry) 183.0 lbs./83.0 kg.
4. 90 Horsepower Electronic Fuel
Injection Powerhead: the engine type is
four-stroke inline four cylinder internal
combustion engine; the valve train
consists of sixteen valves and twin cam
with timing belt and tensioner; the
crankcase is of high-pressure die-cast
aluminum; the block is of high-pressure
die-cast aluminum with iron cylinder
liners; displacement 1.596 liters; bore
and stroke 79 mm x 81.4 mm;
compression ratio 9.6: 1; fuel supplied
by single throttle body multi-point
electronic fuel injection; power output
67.1 kW at 5500 RPM; fuel consumption
33.0 L/H Max at 6000 RPM; maximum
height 539 mm; maximum width 435
mm; maximum length 646 mm; and
weight (dry) 183.0 lbs./83.0 kg.
5. 115 Horsepower Electronic Fuel
Injection Powerhead: the engine type is
four-stroke inline four cylinder internal
combustion engine; the valve train
consists of sixteen valves and twin cam
with timing belt and tensioner; the
crankcase is of high-pressure die-cast
aluminum; the block is of high-pressure
die-cast aluminum with iron cylinder
liners; displacement 1.741 liters; bore
and stroke 79 mm x 89 mm;
compression ratio 9.7: 1; fuel supplied
by multi-point electronic fuel injection
with four individual throttle bodies;
power output 85.8 kW at 5500 RPM;
fuel consumption 38.0 L/H Max at 5500
RPM; maximum height 539 mm;
maximum width 444 mm; maximum
length 637 mm; and weight (dry) 189.0
lbs./85.7 kg.
Period of Investigation
The period of investigation (POI) is
January 1, 2003, through December 31,
2003. This period corresponds to the
four most recent fiscal quarters prior to
the month of filing of the petition (i.e.,
January 2004) involving imports from a
market economy, and is in accordance
with our regulations. See 19 CFR
351.204(b)(1).
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04JAN1
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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices
Scope Issues
Outboard Engines Under 25 Horsepower
In the preliminary determination, we
analyzed parties’ comments regarding
the appropriateness of including
engines of 25 horsepower or less in the
scope of investigation and determined
that the engines were within the scope.
See Preliminary Determination at 49864.
For the final determination, we affirm
our decision in the preliminary
determination and continue to find that
these engines are included in the scope
of the investigation. No parties
commented on this issue for the final
determination.
Powerheads Imported as Replacement
Parts
In the preliminary determination, we
found that engines imported for the
purpose of repairing outboard engines
previously sold are properly included in
the scope of the investigation. See
Preliminary Determination at 49865.
The Other Japanese Parties submitted a
case brief arguing that the Department
should exclude these engines from the
scope for the final determination. The
petitioner and BRP submitted rebuttal
briefs on this issue. After analyzing the
parties’ arguments, we continue to find
that engines imported for the purpose of
repair are properly included in the
scope of the investigation for the
reasons outlined at Comment 2 of the
Memorandum from Barbara E. Tillman,
Acting Deputy Assistant Secretary, to
James J. Jochum, Assistant Secretary for
Import Administration, RE: Issues and
Decision Memorandum for the Final
Determination of the Investigation of
Outboard Engines from Japan (Decision
Memorandum), dated December 27,
2004.
Treatment of Powerheads as a Separate
Class or Kind
In the preliminary determination, we
found that completed engines and
powerheads constituted the same class
or kind of merchandise. See Preliminary
Determination at 49865. Yamaha and
the Other Japanese Parties submitted
case briefs arguing that the Department
should find that powerheads are a
separate class or kind from completed
outboard engines. The petitioner and
BRP submitted a rebuttal brief on this
issue. After analyzing the parties’
arguments, we continue to find that
completed engines and powerheads
constitute the same class or kind of
merchandise for the reasons outlined at
Comment 1 of the Decision
Memorandum.
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18:02 Jan 03, 2005
Jkt 205001
Amendment to the Scope of
Investigation
In a separate November 17, 2004,
submission, the petitioner requested
that the Department exclude certain
models of powerheads from the scope of
the investigation. On November 23,
2004, Yamaha submitted comments on
the petitioner’s request.3 The petitioner
submitted a response to these comments
on November 30, 2004. After analyzing
the parties’ arguments, we accepted the
petitioner’s proposed scope amendment
to exclude certain powerhead models
for the reasons outlined at Comment 17
of the Decision Memorandum. For a
description of the excluded
powerheads, see the Scope of
Investigation section of this notice.
Verification
As provided in section 782(i) of the
Act, we conducted verification of the
cost and sales information submitted by
Yamaha. We used standard verification
procedures including examination of
relevant accounting and production
records, and original source documents
provided by the respondent.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by parties to
this proceeding are listed in the
appendix to this notice and addressed
in the Decision Memorandum hereby
adopted by this notice. The Decision
Memorandum is on file in room B–099
of the main Department building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly on the World Wide Web at
https://www.ita.doc.gov/frn. The paper
and electronic versions of the Decision
Memorandum are identical in content.
Changes Since the Preliminary
Determination
Based on our findings at verification
and our analysis of comments received,
we have made adjustments to the
preliminary determination calculation
methodologies in calculating the final
dumping margin for Yamaha. These
adjustments are discussed in the
Decision Memorandum and the
Memorandum from James Kemp and
Shane Subler, International Trade
Compliance Analysts, through
Constance Handley, Program Manager,
RE: Final Determination Analysis
Memorandum for Yamaha Motor
Company, Ltd., Yamaha Marine
3 On December 6, 2004, we rejected Yamaha’s
comments because they contained new factual
information submitted after the Department’s
regulatory deadline. The date of Yamaha’s revised
submission is December 7, 2004.
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Company, Ltd., and Yamaha Motor
Corporation, USA, dated December 27,
2004.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we are directing
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all entries of outboard
engines exported from Japan, that are
entered, or withdrawn from warehouse,
for consumption on or after the date of
the preliminary determination. CBP
shall continue to require a cash deposit
or the posting of a bond based on the
estimated weighted-average dumping
margins shown below. The suspension
of liquidation instructions will remain
in effect until further notice.
We determine that the following
weighted-average dumping margin
exists for Japan:
Manufacturer/exporter
Margin
(percent)
Yamaha ....................................
All others ...................................
18.98
18.98
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (ITC) of
our determination. The ITC will
determine, within 45 days, whether
imports of subject merchandise from
Japan are causing material injury, or
threaten material injury, to an industry
in the United States. If the ITC
determines that material injury or threat
of material injury does not exist, this
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP officials to assess
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse for
consumption on or after the effective
date of the suspension of liquidation.
This notice also serves as a 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. Timely
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to complywith the regulations
and the terms of an APO is a
sanctionable violation.
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04JAN1
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
Dated: December 27, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Appendix
Issues Covered in Decision Memorandum
1. Class or Kind.
2. Powerheads Imported for Repair
Purposes.
3. Treatment of Non-Dumped Sales.
4. Level of Trade (LOT) Adjustment for
Yamaha’s Sales to Original Equipment
Manufacturer (OEM) Customers.
5. Surrogate Prices for Yamaha’s CEP Sales
to Its Affiliated Boat Builders.
6. Per-Unit Cap on the CEP Offset.
7. Home Market Levels of Trade.
8. Adjustments to U.S. Price.
9. Reported Home Market Payment Dates.
10. Certain Home Market Sales within the
Ordinary Course of Trade.
11. Credit Expenses for Export Price Sales.
12. Reporting of the REBATE4U Field.
13. Minor Corrections Submitted at
Verification.
14. Application of LOT Adjustment.
15. Home Market Consignment Sales.
16. Packing Costs.
17. Amendment to Scope.
18. Yamaha’s Standard Cost System.
19. Certain Excluded Costs.
20. Parent Company G&A Expenses.
21. Affiliated Supplier Inputs.
[FR Doc. E4–3925 Filed 1–3–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Wooden Bedroom Furniture
From the People’s Republic of China
Import Administration,
International Trade Administration,
Department ofCommerce.
EFFECTIVE DATE: January 4, 2005.
FOR FURTHER INFORMATION CONTACT:
Aishe Allen, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0172.
AGENCY:
Amendment to Final Determination
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended, (‘‘the Act’’), on November
17, 2004, the Department of Commerce
(‘‘the Department’’) published the
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18:02 Jan 03, 2005
Jkt 205001
Notice of Final Determination of Sales
at Less Than Fair Value in the
investigation of wooden bedroom
furniture from the People’s Republic of
China (‘‘PRC’’) (‘‘Final Determination’’).
See Final Determination and
corresponding ‘‘Issues and Decision
Memorandum’’ dated November 8,
2004. Between November 12, 2004, and
November 22, 2004, the following
parties filed timely allegations that the
Department made various ministerial
errors in the Final Determination:
Superwood Company Limited; Shanghai
SMEC Corporation; follows: Dongguan
Chunsan Wood Products Co., Ltd.;
Trendex Industries Limited; the
American Furniture Manufacturers
Committee for Legal Trade and its
individual members and the Cabinet
Makers, Millmen, and Industrial
Carpenters Local 721, UBC Southern
Council of Industrial Worker’s Local
Union 2305, United Steel Workers of
American Local 193U, Carpenters
Industrial Union Local 2093, and
Teamsters, Chauffeurs, Warehousemen
and Helper Local 991 (collectively
‘‘Petitioners’’); Rui Feng Woodwork Co.,
Ltd., Rui Feng Lumber Development
Co., Ltd., and Dorbest Limited
(‘‘Dorbest’’); Lacquer Craft Mfg. Co., Ltd.
(‘‘Lacquer Craft’’); Dongguan Lung Dong
Furniture Co., Ltd., and Dongguan Dong
He Furniture Co., Ltd., (‘‘Lung Dong’’);
and Shing Mark Enterprise Co., Ltd.,
Carven Industries Limited (BVI), Carven
Industries Limited (HK), Dongguan
Zhenxin Furniture Co., Ltd., and
Dongguan Yongpeng Furniture Co., Ltd.
(‘‘Shing Mark’’); Hongyu Furniture
(Shenzhen) Limited (‘‘Hongyu’’);
American Signature, Inc., and Value
City Furniture (‘‘ASI/VCF’’) and Pulaski
Furniture Corp. (‘‘Pulaski’’) with respect
to ministerial errors in the calculation of
the margin for their supplier, Dorbest.
On November 29, 2004, Petitioners
filed comments rebutting the interested
parties’ ministerial-error allegations. On
the same day, Lacquer Craft, Lung Dong,
Shing Mark, and Starcorp Furniture
(Shanghai) Co., Ltd., Orin Furniture
(Shanghai) Co., Ltd., and Shanghai
Starcorp Furniture Co., Ltd.
(‘‘Starcorp’’), filed comments rebutting
the Petitioners ministerial-error
allegations. Further, on November 29,
2004, Petitioners submitted a letter
requesting the Department to strike from
the record Exhibit 12 and any references
to this Exhibit in Shing Mark’s
November 22, 2004, ministerial-error
submission because it contains new
untimely factual information. On
November 30, 2004, Shing Mark filed a
letter stating the Department should
reject Petitioners’ request to strike
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Sfmt 4703
329
certain information because the
information is not new or untimely.
Also, on November 30, 2004, Petitioners
filed a letter requesting the Department
to strike from the record Starcorp’s
November 29, 2004, submission as
untimely filed ministerial- error
comments. On December 1, 2004,
Starcorp filed a letter stating that its
letter was both timely and appropriate.
On December 6, 2004, Petitioners filed
a letter requesting the Department to
strike from the record portions of Lung
Dong’s November 29, 2004, rebuttal
comments because it allegedly
contained untimely raised ministerialerror allegations. On December 10, 2004,
we returned Lung Dong’s and Starcorp’s
November 29, 2004, submissions
because they contained untimely
ministerial-error allegations. Lung Dong
submitted an amended version of its
November 29, 2004, submission on
December 14, 2004.
After analyzing all interested parties
comments and rebuttal comments, we
have determined, in accordance with 19
CFR 351.224(e), that we made
ministerial errors in the calculations we
performed for the final determination.
For a detailed discussion of these
ministerial errors, and our analysis, see
the ‘‘Amended Issues and Decision
Memorandum’’ dated December 27,
2004, and the company specific
amended final determination analysis
memoranda dated December 27, 2004.
Additionally, in the Final
Determination, we determined that
several companies qualified for
separate-rate status. The margin we
calculated in the Final Determination
for these companies was 8.64 percent.
Because the rates of the selected
mandatory respondents have changed
since the Final Determination, we have
recalculated the rate for the nonmandatory respondents which the
Department determined to be entitled to
separate rate. The rate for Section A
respondents is now 6.65%. See
Memorandum to the File from Eugene
Degnan, Amended Calculation of
Section A Rate, dated December 27,
2004.
Therefore, in accordance with 19 CFR
351.224(e), we are amending the final
determination of sales at LTFV in the
antidumping duty investigation of
wooden bedroom furniture from the
PRC. The revised weighted-average
dumping margins are in the
‘‘Antidumping Duty Order’’ section,
below.
Antidumping Duty Order
On December 23, 2004, in accordance
with section 735(d) of the Act, the
International Trade Commission (‘‘ITC’’)
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]]>Agencies
[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Notices]
[Pages 326-329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E4-3925]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-865]
Notice of Final Determination of Sales at Less Than Fair Value:
Outboard Engines From Japan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 4, 2005.
FOR FURTHER INFORMATION CONTACT: James Kemp or Shane Subler at (202)
482-5346 or (202) 482-0189, respectively; AD/CVD Operations, Office 1,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue, NW.,
Washington, DC 20230.
Final Determination
We determine that outboard engines from Japan are being sold, or
are likely to be sold, in the United States at less than fair value
(LTFV), as provided in section 735 of the Tariff Act of 1930, as
amended (the Act). The estimated margins of sales at LTFV are shown in
the Continuation of Suspension of Liquidation section of this notice.
Case History
The preliminary determination in this investigation was published
on August 12, 2004. See Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination: Outboard
Engines from Japan, 69 FR 49863 (August 12, 2004) (Preliminary
Determination). Since the publication of the preliminary determination,
the following events have occurred:
In September and October 2004, the Department of Commerce (the
Department) verified the questionnaire responses submitted by Yamaha
Motor Company, Ltd., Yamaha Marine Company, Ltd., and Yamaha Motor
Corporation, U.S.A. (collectively Yamaha). The sales and cost
verification
[[Page 327]]
reports were issued on November 1, 2004. On November 10, 2004, we
received case briefs from (1) the petitioner; \1\ (2) BRP U.S. Inc. and
Bombardier Recreational Products Inc. (collectively, BRP), a domestic
interested party; (3) American Honda Motor Co., Inc., and Honda Motor
Co., Ltd., American Suzuki Motor Corporation and Suzuki Motor
Corporation, Tohatsu Corporation, Tohatsu Marine Corporation, and
Tohatsu America Corporation, Nissan Marine Co., Ltd. (collectively, the
Other Japanese Parties); and (4) Yamaha.\2\ On November 17, 2004, we
received rebuttal briefs from the petitioner, BRP, and Yamaha. Since no
request was made for a public hearing, a public hearing was not held.
---------------------------------------------------------------------------
\1\ The petitioner in this investigation is Mercury Marine, a
division of Brunswick Corporation.
\2\ On December 6, 2004, we rejected the case briefs submitted
by Yamaha and the Other Japanese Parties because they contained new
factual information. After making the revisions requested by the
Department, Yamaha and the Other Japanese Parties resubmitted the
briefs on December 7, 2004.
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Scope of Investigation
For the purpose of this investigation, the products covered are
outboard engines (also referred to as outboard motors), whether
assembled or unassembled; and powerheads, whether assembled or
unassembled. The subject engines are gasoline-powered spark-ignition,
internal combustion engines designed and used principally for marine
propulsion for all types of light recreational and commercial boats,
including, but not limited to, canoes, rafts, inflatable, sail and
pontoon boats. Specifically included in this scope are two-stroke,
direct injection two-stroke, and four-stroke outboard engines.
Outboard engines are comprised of (1) a powerhead assembly, or an
internal combustion engine, (2) a midsection assembly, by which the
outboard engine is attached to the vehicle it propels, and (3) a
gearcase assembly, which typically includes a transmission and
propeller shaft, and may or may not include a propeller. To the extent
that these components are imported together, but unassembled, they
collectively are covered within the scope of this investigation. An
``unassembled'' outboard engine consists of a powerhead as defined
below, and any other parts imported with the powerhead that may be used
in the assembly of an outboard engine.
Powerheads are comprised of, at a minimum, (1) a cylinder block,
(2) pistons, (3) connecting rods, and (4) a crankshaft. Importation of
these four components together, whether assembled or unassembled, and
whether or not accompanied by additional components, constitute a
powerhead for purposes of this investigation. An ``unassembled''
powerhead consists of, at a minimum, the four powerhead components
listed above, and any other parts imported with it that may be used in
the assembly of a powerhead.
The scope does not include parts or components (other than
powerheads) imported separately.
The outboard engines and powerheads subject to this investigation
are currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings 8407.21.0040 and 8407.21.0080.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise under
investigation is dispositive.
Excluded from the scope of the investigation are five specific
models of powerheads.
The specific characteristics for each excluded powehead are
described below.
1. 75 Horsepower Carbureted Powerhead: the engine type is four-
stroke inline four cylinder internal combustion engine; the valve train
consists of sixteen valves and twin cam with timing belt and tensioner;
the crankcase is of high-pressure die-cast aluminum; the block is of
high-pressure die-cast aluminum with iron cylinder liners; displacement
1.596 liters; bore and stroke 79 mm x 81.4 mm; compression ratio 9.6:
1; fuel supplied by four individual carburetors fitted to left side (as
viewed from rear) of engine; power output 55.9 kW at 5000 RPM; fuel
consumption 28.0 L/H Max at 6000 RPM; maximum height 539 mm; maximum
width 435 mm; maximum length 646 mm; and weight (dry) 180.5 lbs./81.6
kg.
2. 90 Horsepower Carbureted Powerhead: the engine type is four-
stroke inline four cylinder internal combustion engine; the valve train
consists of sixteen valves and twin cam with timing belt and tensioner;
the crankcase is of high-pressure die-cast aluminum; the block is of
high-pressure die-cast aluminum with iron cylinder liners; displacement
1.596 liters; bore and stroke 79 mm x 81.4 mm; compression ratio 9.6:
1; fuel supplied by four individual carburetors fitted to left side (as
viewed from rear) of engine; power output 67.1 kW at 5500 RPM; fuel
consumption 31.5 L/H Max at 6000 RPM; maximum height 539 mm; maximum
width 435 mm; maximum length 646 mm; and weight (dry) 180.5 lbs./81.6
kg.
3. 75 Horsepower Electronic Fuel Injection Powerhead: the engine
type is four-stroke inline four cylinder internal combustion engine;
the valve train consists of sixteen valves and twin cam with timing
belt and tensioner; the crankcase is of high-pressure die-cast
aluminum; the block is of high-pressure die-cast aluminum with iron
cylinder liners; displacement 1.596 liters; bore and stroke 79 mm x
81.4 mm; compression ratio 9.6: 1; fuel supplied by single throttle
body multi-point electronic fuel injection; power output 55.9 kW at
5000 RPM; fuel consumption 29.0 L/H Max at 6000 RPM; maximum height 539
mm; maximum width 435 mm; maximum length 646 mm; and weight (dry) 183.0
lbs./83.0 kg.
4. 90 Horsepower Electronic Fuel Injection Powerhead: the engine
type is four-stroke inline four cylinder internal combustion engine;
the valve train consists of sixteen valves and twin cam with timing
belt and tensioner; the crankcase is of high-pressure die-cast
aluminum; the block is of high-pressure die-cast aluminum with iron
cylinder liners; displacement 1.596 liters; bore and stroke 79 mm x
81.4 mm; compression ratio 9.6: 1; fuel supplied by single throttle
body multi-point electronic fuel injection; power output 67.1 kW at
5500 RPM; fuel consumption 33.0 L/H Max at 6000 RPM; maximum height 539
mm; maximum width 435 mm; maximum length 646 mm; and weight (dry) 183.0
lbs./83.0 kg.
5. 115 Horsepower Electronic Fuel Injection Powerhead: the engine
type is four-stroke inline four cylinder internal combustion engine;
the valve train consists of sixteen valves and twin cam with timing
belt and tensioner; the crankcase is of high-pressure die-cast
aluminum; the block is of high-pressure die-cast aluminum with iron
cylinder liners; displacement 1.741 liters; bore and stroke 79 mm x 89
mm; compression ratio 9.7: 1; fuel supplied by multi-point electronic
fuel injection with four individual throttle bodies; power output 85.8
kW at 5500 RPM; fuel consumption 38.0 L/H Max at 5500 RPM; maximum
height 539 mm; maximum width 444 mm; maximum length 637 mm; and weight
(dry) 189.0 lbs./85.7 kg.
Period of Investigation
The period of investigation (POI) is January 1, 2003, through
December 31, 2003. This period corresponds to the four most recent
fiscal quarters prior to the month of filing of the petition (i.e.,
January 2004) involving imports from a market economy, and is in
accordance with our regulations. See 19 CFR 351.204(b)(1).
[[Page 328]]
Scope Issues
Outboard Engines Under 25 Horsepower
In the preliminary determination, we analyzed parties' comments
regarding the appropriateness of including engines of 25 horsepower or
less in the scope of investigation and determined that the engines were
within the scope. See Preliminary Determination at 49864. For the final
determination, we affirm our decision in the preliminary determination
and continue to find that these engines are included in the scope of
the investigation. No parties commented on this issue for the final
determination.
Powerheads Imported as Replacement Parts
In the preliminary determination, we found that engines imported
for the purpose of repairing outboard engines previously sold are
properly included in the scope of the investigation. See Preliminary
Determination at 49865. The Other Japanese Parties submitted a case
brief arguing that the Department should exclude these engines from the
scope for the final determination. The petitioner and BRP submitted
rebuttal briefs on this issue. After analyzing the parties' arguments,
we continue to find that engines imported for the purpose of repair are
properly included in the scope of the investigation for the reasons
outlined at Comment 2 of the Memorandum from Barbara E. Tillman, Acting
Deputy Assistant Secretary, to James J. Jochum, Assistant Secretary for
Import Administration, RE: Issues and Decision Memorandum for the Final
Determination of the Investigation of Outboard Engines from Japan
(Decision Memorandum), dated December 27, 2004.
Treatment of Powerheads as a Separate Class or Kind
In the preliminary determination, we found that completed engines
and powerheads constituted the same class or kind of merchandise. See
Preliminary Determination at 49865. Yamaha and the Other Japanese
Parties submitted case briefs arguing that the Department should find
that powerheads are a separate class or kind from completed outboard
engines. The petitioner and BRP submitted a rebuttal brief on this
issue. After analyzing the parties' arguments, we continue to find that
completed engines and powerheads constitute the same class or kind of
merchandise for the reasons outlined at Comment 1 of the Decision
Memorandum.
Amendment to the Scope of Investigation
In a separate November 17, 2004, submission, the petitioner
requested that the Department exclude certain models of powerheads from
the scope of the investigation. On November 23, 2004, Yamaha submitted
comments on the petitioner's request.\3\ The petitioner submitted a
response to these comments on November 30, 2004. After analyzing the
parties' arguments, we accepted the petitioner's proposed scope
amendment to exclude certain powerhead models for the reasons outlined
at Comment 17 of the Decision Memorandum. For a description of the
excluded powerheads, see the Scope of Investigation section of this
notice.
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\3\ On December 6, 2004, we rejected Yamaha's comments because
they contained new factual information submitted after the
Department's regulatory deadline. The date of Yamaha's revised
submission is December 7, 2004.
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Verification
As provided in section 782(i) of the Act, we conducted verification
of the cost and sales information submitted by Yamaha. We used standard
verification procedures including examination of relevant accounting
and production records, and original source documents provided by the
respondent.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties to this proceeding are listed in the appendix to this notice
and addressed in the Decision Memorandum hereby adopted by this notice.
The Decision Memorandum is on file in room B-099 of the main Department
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the World Wide Web at https://
www.ita.doc.gov/frn. The paper and electronic versions of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Determination
Based on our findings at verification and our analysis of comments
received, we have made adjustments to the preliminary determination
calculation methodologies in calculating the final dumping margin for
Yamaha. These adjustments are discussed in the Decision Memorandum and
the Memorandum from James Kemp and Shane Subler, International Trade
Compliance Analysts, through Constance Handley, Program Manager, RE:
Final Determination Analysis Memorandum for Yamaha Motor Company, Ltd.,
Yamaha Marine Company, Ltd., and Yamaha Motor Corporation, USA, dated
December 27, 2004.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of outboard engines exported from
Japan, that are entered, or withdrawn from warehouse, for consumption
on or after the date of the preliminary determination. CBP shall
continue to require a cash deposit or the posting of a bond based on
the estimated weighted-average dumping margins shown below. The
suspension of liquidation instructions will remain in effect until
further notice.
We determine that the following weighted-average dumping margin
exists for Japan:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Yamaha..................................................... 18.98
All others................................................. 18.98
------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. The ITC will
determine, within 45 days, whether imports of subject merchandise from
Japan are causing material injury, or threaten material injury, to an
industry in the United States. If the ITC determines that material
injury or threat of material injury does not exist, this proceeding
will be terminated and all securities posted will be refunded or
canceled. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing CBP officials
to assess antidumping duties on all imports of the subject merchandise
entered, or withdrawn from warehouse for consumption on or after the
effective date of the suspension of liquidation.
This notice also serves as a 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. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to complywith the regulations and the
terms of an APO is a sanctionable violation.
[[Page 329]]
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: December 27, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix
Issues Covered in Decision Memorandum
1. Class or Kind.
2. Powerheads Imported for Repair Purposes.
3. Treatment of Non-Dumped Sales.
4. Level of Trade (LOT) Adjustment for Yamaha's Sales to
Original Equipment Manufacturer (OEM) Customers.
5. Surrogate Prices for Yamaha's CEP Sales to Its Affiliated
Boat Builders.
6. Per-Unit Cap on the CEP Offset.
7. Home Market Levels of Trade.
8. Adjustments to U.S. Price.
9. Reported Home Market Payment Dates.
10. Certain Home Market Sales within the Ordinary Course of
Trade.
11. Credit Expenses for Export Price Sales.
12. Reporting of the REBATE4U Field.
13. Minor Corrections Submitted at Verification.
14. Application of LOT Adjustment.
15. Home Market Consignment Sales.
16. Packing Costs.
17. Amendment to Scope.
18. Yamaha's Standard Cost System.
19. Certain Excluded Costs.
20. Parent Company G&A Expenses.
21. Affiliated Supplier Inputs.
[FR Doc. E4-3925 Filed 1-3-05; 8:45 am]
BILLING CODE 3510-DS-P
