Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Initiation of Changed Circumstances Review, 24514-24516 [E5-2287]
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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices
Brazil, limited to manhole covers, rings,
and frames, catch basin grates and
frames, clean-out covers and frames
used for drainage or access purposes for
public utility, water and sanitary
systems, classifiable as heavy castings
under Harmonized Tariff Schedule
(HTS) item number 7325.10.0010; and
to valve, service, and meter boxes which
are placed below ground to encase
water, gas, or other valves, or water and
gas meters, classifiable as light castings
under HTS item number 7325.10.0050.
The HTS item numbers are provided for
convenience and customs purposes
only. The written description remains
dispositive.
administrative protective orders
(‘‘APO’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305 of the Department’s regulations.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Analysis of Comments Received
All issues raised in this case are
addressed in the ‘‘Issues and Decision
Memorandum’’ (‘‘Decision Memo’’)
from Ronald K. Lorentzen, Acting
Director, Office of Policy, Import
Administration, to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration, dated May 2, 2005,
which is hereby adopted by this notice.
The issues discussed in the Decision
Memo include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margin likely
to prevail if the order were revoked.
Parties can find a complete discussion
of all issues raised in this sunset review
and the corresponding
recommendations in this public
memorandum, which is on file in room
B–099 of the main Department Building.
In addition, a complete version of the
Decision Memo can be accessed directly
on the Web at https://ia.ita.doc.gov/frn,
under the heading ‘‘May 2005.’’ The
paper copy and electronic version of the
Decision Memo are identical in content.
Dated: May 2, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–2293 Filed 5–9–05; 8:45 am]
Final Results of Review
We determine that revocation of the
antidumping duty order on iron castings
from Brazil would likely lead to
continuation or recurrence of dumping
at the following weighted-average
percentage margins:
Weightedaverage
margin
(percent)
Manufacturers/Exporters/
Producers
Fundicao Aldebara, Ltda.
Aldebara ................................
Sociedade de Metalurgia E
Processos, Ltda. SOMEP .....
Companhia Siderurgica da
Guanabara COSIGUA (formerly Usina Siderurgica
Paraende, S.A. (USIPA) .......
All Others ..................................
58.74
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–588–837
Large Newspaper Printing Presses and
Components Thereof, Whether
Assembled or Unassembled, from
Japan: Initiation of Changed
Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has obtained
information with respect to Tokyo Kikai
Seisakusho, Ltd. (TKS), a producer/
exporter of large newspaper printing
presses, sufficient to warrant the self–
initiation of a changed circumstances
review. Interested parties are invited to
submit comments, as indicated below.
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Kate Johnson,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone (202) 482–4136
and (202) 482–4929, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 4, 1996, the
Department published in the Federal
Register an amended final
5.95 determination and antidumping duty
26.16 order on large newspaper printing
presses and components thereof,
This notice also serves as the only
whether assembled or unassembled,
reminder to parties subject to
from Japan (LNPPs) (61 FR 46621). One
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of the producer/exporters covered by
the order was TKS. Its rate from the
less–than-fair–value investigation was
56.28 percent. The Department
conducted administrative reviews of
TKS for the following periods:
September 1, 1997 - August 31, 1998,
September 1, 1998 - August 31, 1999,
and September 1, 1999 - August 31,
2000. The administrative review for the
2000–2001 review period was
rescinded. A zero margin was found for
TKS in the 1997–1998, 1998–1999, and
1999–2000 review periods. Effective
January 16, 2002, the antidumping duty
order was revoked with respect to TKS
(Large Newspaper Printing Presses and
Components Thereof, Whether
Assembled or Unassembled, From
Japan: Final Results of Antidumping
Duty Administrative Review and
Revocation in Part, 67 FR 2190, (January
16, 2002)) based on the three
consecutive reviews resulting in zero
dumping margins (see 19 CFR
351.222(b)). On February 25, 2002, the
Department revoked the antidumping
duty order under a five–year sunset
review pursuant to section 751(c)(3)(A)
of the Tariff Act of 1930, as amended
(the Act) (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)).
Scope of the Changed Circumstances
Review
The products covered by this changed
circumstances 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 the 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
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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices
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 the 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): (1) 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
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Jkt 205001
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 previous changed
circumstances review of the
antidumping duty order 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 review, 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
review.
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:
• Each tower consisting of four levels,
one or more of which must be
populated.
• 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.
• 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.
• The dampener system which consists
of a two nozzle per page spraybar and
two roller dampener with one chrome
drum and one form roller.
• 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
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24515
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
the review is dispositive.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act, the Department is self–initiating a
changed circumstances review based
upon information contained in a recent
federal court decision, Goss
International Corp. v. Tokyo Kikai
Seisakusho, Ltd., 321 F.Supp.2d 1039
(N.D. Iowa 2004) (Goss Int’l). See Elkem
Metals Co. v. United States, 193 F.
Supp. 2d 1314, 1321 (CIT 2002). In the
Goss Int’l proceeding, evidence was
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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices
presented demonstrating that TKS
provided false information regarding its
sales to the Dallas Morning News
(DMN), the subject of the Department’s
1997–1998 review. Specifically,
The jury further heard evidence at
trial that TKS agreed to a fraudulent
price increase and secret $2.2
million rebate to keep the DMN
from purchasing the two towers
{the sale under the 97–98
administrative review} from Goss in
1996. To make it appear to Goss
that the 1996 sale was not dumped,
TKS and the DMN agreed to
increase the price on paper to $7.4
million. In exchange, TKS and the
DMN agreed that TKS would
secretly rebate $2.2 million to the
DMN through a combination of $1
million in cash and a promise of
$1.2 million in free digital ink
pumps or credit to be delivered in
the future.
TKS and its counsel engaged in a
concerted effort to conceal the
secret rebates * * *. {TKS’s
counsel} told TKS that ’there
should be no apparent linkage
between {the digital ink pumps’}
give–away and the towers’ price,’
and urged TKS (USA) to falsify its
business records. * * * There was
also evidence presented at trial that
TKS and its counsel attempted to
destroy documents to conceal the
secret rebates. See Goss Int’l 321 F.
Supp. 2d at 1045.
The final results of the 1997–1998
administrative review were a factor in
the Department’s decisions to revoke
TKS from the antidumping duty order,
as well as to sunset the order. (See Large
Newspaper Printing Presses and
Components Thereof, Whether
Assembled or Unassembled, from Japan:
Final Results of Antidumping Duty
Administrative Review and Partial
Rescission of Administrative Reviews,
65 FR 7492 (February 15, 2000). We will
place on the record of this review the
Court decision, Goss Int’l, as well as a
number of public documents we
obtained from the court record of Goss
Int’l.
Interested parties may submit
comments on the above–referenced
information and the actions the
Department should take not later than
30 days after publication of this notice.
Any responses to those comments must
be submitted not later than seven days
following submission of the comments.
All written comments must be
submitted in accordance with 19 CFR
351.303 (2004), and must be served on
all interested parties on the
Department’s service list in accordance
with 19 CFR 351.303(f) (2004).
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16:17 May 09, 2005
Jkt 205001
The Department will publish in the
Federal Register a notice of preliminary
results of changed circumstances
review, in accordance with 19 CFR
351.221(c)(3)(i) (2004), which will set
forth the factual and legal conclusions
upon which its preliminary results are
based, and a description of any action
proposed based on those results. The
Department will afford the interested
parties the opportunity to comment
prior to issuing its final results of
review, in accordance with 19 CFR
351.216(e) (2004), which will be
published in the Federal Register.
This notice is in accordance with
sections 751(b)(1) of the Act, and 19
CFR 351.216 and 351.221(c)(3)(i).
Dated: May 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–2287 Filed 5–9–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–427–818
Notice of Extension of Time Limit for
Final Results of Antidumping Duty
Administrative Review: Low Enriched
Uranium from France
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum or Myrna Lobo at (202) 482–0197
or (202) 482–2371, respectively; AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Extension of Time Limit for Final
Results of Review
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act) requires
Frm 00019
Dated: May 2, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–2295 Filed 5–9–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–810]
On March 7, 2005, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on low
enriched uranium from France for the
period February 1, 2003 through January
31, 2004. See Low Enriched Uranium
from France: Preliminary Results of
Antidumping Duty Administrative
Review (70 FR 10957). The current
deadline for the final results of this
review is July 7, 2005.
PO 00000
the Department of Commerce (the
Department) to issue the final results in
an administrative review within 120
days after the date on which the
preliminary results were published.
However, if it is not practicable to
complete the review within this time
period, section 751(a)(3)(A) of the Act
allows the Department to extend the
time limit for the final results to 180
days from the date of publication of the
preliminary results. The Department
finds that it is not practicable to
complete the review within the original
time frame due to the complex nature of
the case and because the Department is
seeking clarification on certain issues
(supplemental questionnaires were
issued on March 8, 2005 and March 18,
2005, after the preliminary results were
issued). In order to provide the
Department sufficient time to review the
submissions, conduct verification, and
thoroughly analyze all information on
the record, completion of this review is
not practicable within the original time
limit. Consequently, in accordance with
section 751(a)(3)(A) of the Act and
section 351.213(h)(2) of the
Department’s regulations, the
Department is extending the time limit
for the completion of the final results of
the review until no later than September
6, 2005, which is the next business day
after 180 days from the publication of
the preliminary results. This notice is
issued and published in accordance
with section 751(a)(3)(A) of the Act.
Fmt 4703
Sfmt 4703
Notice of Extension of Time Limit of
Preliminary Results of Antidumping
Duty Administrative Review: Oil
Country Tubular Goods, Other Than
Drill Pipe, from Argentina
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT: Fred
Baker at (202) 482–2924 or Robert James
at (202) 482–0649; AD/CVD Operations,
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
AGENCY:
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]]>Agencies
[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24514-24516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2287]
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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: Initiation of Changed
Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has obtained
information with respect to Tokyo Kikai Seisakusho, Ltd. (TKS), a
producer/exporter of large newspaper printing presses, sufficient to
warrant the self-initiation of a changed circumstances review.
Interested parties are invited to submit comments, as indicated below.
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Kate Johnson,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone (202) 482-4136 and (202) 482-4929,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 1996, the Department published in the Federal
Register an amended final determination and antidumping duty order on
large newspaper printing presses and components thereof, whether
assembled or unassembled, from Japan (LNPPs) (61 FR 46621). One of the
producer/exporters covered by the order was TKS. Its rate from the
less-than-fair-value investigation was 56.28 percent. The Department
conducted administrative reviews of TKS for the following periods:
September 1, 1997 - August 31, 1998, September 1, 1998 - August 31,
1999, and September 1, 1999 - August 31, 2000. The administrative
review for the 2000-2001 review period was rescinded. A zero margin was
found for TKS in the 1997-1998, 1998-1999, and 1999-2000 review
periods. Effective January 16, 2002, the antidumping duty order was
revoked with respect to TKS (Large Newspaper Printing Presses and
Components Thereof, Whether Assembled or Unassembled, From Japan: Final
Results of Antidumping Duty Administrative Review and Revocation in
Part, 67 FR 2190, (January 16, 2002)) based on the three consecutive
reviews resulting in zero dumping margins (see 19 CFR 351.222(b)). On
February 25, 2002, the Department revoked the antidumping duty order
under a five-year sunset review pursuant to section 751(c)(3)(A) of the
Tariff Act of 1930, as amended (the Act) (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)).
Scope of the Changed Circumstances Review
The products covered by this changed circumstances 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 the 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
[[Page 24515]]
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 the 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): (1) 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 previous changed circumstances review of the
antidumping duty order 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 review, 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 review.
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:
Each tower consisting of four levels, one or more of which
must be populated.
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.
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.
The dampener system which consists of a two nozzle per page
spraybar and two roller dampener with one chrome drum and one form
roller.
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 the review is dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, the Department is self-
initiating a changed circumstances review based upon information
contained in a recent federal court decision, Goss International Corp.
v. Tokyo Kikai Seisakusho, Ltd., 321 F.Supp.2d 1039 (N.D. Iowa 2004)
(Goss Int'l). See Elkem Metals Co. v. United States, 193 F. Supp. 2d
1314, 1321 (CIT 2002). In the Goss Int'l proceeding, evidence was
[[Page 24516]]
presented demonstrating that TKS provided false information regarding
its sales to the Dallas Morning News (DMN), the subject of the
Department's 1997-1998 review. Specifically,
The jury further heard evidence at trial that TKS agreed to a
fraudulent price increase and secret $2.2 million rebate to keep the
DMN from purchasing the two towers {the sale under the 97-98
administrative review{time} from Goss in 1996. To make it appear to
Goss that the 1996 sale was not dumped, TKS and the DMN agreed to
increase the price on paper to $7.4 million. In exchange, TKS and the
DMN agreed that TKS would secretly rebate $2.2 million to the DMN
through a combination of $1 million in cash and a promise of $1.2
million in free digital ink pumps or credit to be delivered in the
future.
TKS and its counsel engaged in a concerted effort to conceal the
secret rebates * * *. {TKS's counsel{time} told TKS that 'there should
be no apparent linkage between {the digital ink pumps'{time} give-away
and the towers' price,' and urged TKS (USA) to falsify its business
records. * * * There was also evidence presented at trial that TKS and
its counsel attempted to destroy documents to conceal the secret
rebates. See Goss Int'l 321 F. Supp. 2d at 1045.
The final results of the 1997-1998 administrative review were a
factor in the Department's decisions to revoke TKS from the antidumping
duty order, as well as to sunset the order. (See Large Newspaper
Printing Presses and Components Thereof, Whether Assembled or
Unassembled, from Japan: Final Results of Antidumping Duty
Administrative Review and Partial Rescission of Administrative Reviews,
65 FR 7492 (February 15, 2000). We will place on the record of this
review the Court decision, Goss Int'l, as well as a number of public
documents we obtained from the court record of Goss Int'l.
Interested parties may submit comments on the above-referenced
information and the actions the Department should take not later than
30 days after publication of this notice. Any responses to those
comments must be submitted not later than seven days following
submission of the comments. All written comments must be submitted in
accordance with 19 CFR 351.303 (2004), and must be served on all
interested parties on the Department's service list in accordance with
19 CFR 351.303(f) (2004).
The Department will publish in the Federal Register a notice of
preliminary results of changed circumstances review, in accordance with
19 CFR 351.221(c)(3)(i) (2004), which will set forth the factual and
legal conclusions upon which its preliminary results are based, and a
description of any action proposed based on those results. The
Department will afford the interested parties the opportunity to
comment prior to issuing its final results of review, in accordance
with 19 CFR 351.216(e) (2004), which will be published in the Federal
Register.
This notice is in accordance with sections 751(b)(1) of the Act,
and 19 CFR 351.216 and 351.221(c)(3)(i).
Dated: May 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2287 Filed 5-9-05; 8:45 am]
BILLING CODE 3510-DS-S
