Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Final Results of Changed Circumstances Review, 11590-11592 [E6-3295]
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11590
Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices
antidumping duties prior to liquidation
of the relevant entries during this POR.
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.
We are issuing and publishing this
determination in accordance with
sections 751(a)(1) and 777(I)(1) of the
Act.
Dated: February 28, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–3296 Filed 3–7–06; 8:45 am]
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: Final Results of Changed
Circumstances Review
erjones on PROD1PC68 with NOTICES
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department has
determined to apply an adverse facts
available rate of 59.67 percent to Tokyo
Kikai Seisakusho, Ltd. (TKS) in the
1997–1998 administrative review under
section 776(b) of the Tariff Act of 1930,
as amended (the Act), as a result of TKS’
misconduct during this review. We are
also rescinding the company–specific
revocation with respect to TKS and
reinstating the order with respect to
TKS from September 1, 2000, through
September 3, 2001, the day before the
effective date of the sunset revocation.
Upon the completion of this review, we
will reopen for reconsideration the
sunset review that resulted in
revocation of this order.
EFFECTIVE DATE: March 8, 2006.
FOR FURTHER INFORMATION CONTACT:
David J. 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, or
(202) 482–4929 respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2005, the Department of
Commerce (the Department) self–
initiated a changed circumstances
review of large newspaper printing
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Jkt 208001
presses and components thereof,
whether assembled or unassembled
(LNPPs), from Japan, to consider
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 Large
Newspaper Printing Presses and
Components Thereof, Whether
Assembled or Unassembled, from Japan:
Initiation of Changed Circumstances
Review, 70 FR 24514 (May 10, 2005)
(Notice of Initiation). As detailed in our
Notice of Initiation, evidence was
presented in that court proceeding
demonstrating that TKS intentionally
provided false information regarding its
sale to the Dallas Morning News (DMN),
the subject of the Department’s 1997–
1998 administrative review.
On September 13, 2005, the
Department published a notice of
preliminary results of changed
circumstances review in which it
preliminarily determined that it was
appropriate to take the following course
of action in order to protect the integrity
of the Department’s proceedings: (1)
Revise TKS’ margin for the 1997–1998
review to apply a rate of 59.67 percent
based on adverse facts available,
pursuant to section 776(b) of the Act; (2)
rescind the company–specific
revocation of the antidumping duty
order for TKS because TKS no longer
qualifies for revocation based on three
consecutive administrative reviews
resulting in zero dumping margins
under 19 CFR 351.222(b); and (3)
reconsider the sunset review which
resulted in the revocation of the entire
order, pursuant to section 751(c) of the
Act. See Large Newspaper Printing
Presses and Components Thereof,
Whether Assembled or Unassembled,
From Japan: Preliminary Results of
Changed Circumstances Review, 70 FR
54019, 54023 (September 13, 2005)
(Preliminary Results).
The interested parties submitted case
and rebuttal briefs on October 20 and
27, 2005, respectively. Also in October
2005, several parties submitted letters
addressing the preliminary results,
including newspaper publishers The
Washington Post and North Jersey
Media Group, Inc. A public hearing and
a closed hearing were held on
November 15, 2005.
On January 26, 2006, we invited
comments on the decision of the U.S.
Court of Appeals for the Eighth Circuit
in Goss Int’l Corp. v. Man Roland
Druckmaschinen Aktiengesellschaft,
No. 04–2604, 2006 U.S. App. LEXIS
1569 (8th Cir. Jan. 23, 2006), affirming
the decision of the Iowa district court in
Goss Int’l. Goss International
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Sfmt 4703
Corporation, TKS, and Mitsubishi
Heavy Industries, Ltd. filed comments
on January 31, 2006.
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
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, LNPP 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 LNPP
systems, press additions, or press
components, regardless of degree of
E:\FR\FM\08MRN1.SGM
08MRN1
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Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices
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 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 (December 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–toblanket tower unit with a fixed gain
infeed and fixed gain outfeed, with
a rated speed no greater than 75,000
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15:53 Mar 07, 2006
Jkt 208001
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
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Fmt 4703
Sfmt 4703
11591
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. LNPPs may also enter under
HTSUS subheadings 8443.21.00 and
8443.40.00. LNPP 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.
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://ia.ita.doc.gov. The paper and
electronic versions of the Decision
Memorandum are identical in content.
Final Results
We affirm our decision to apply an
adverse facts available rate of 59.67
percent to TKS in the 1997–1998
administrative review under section
776(b) of the Act as a result of TKS’
misconduct during this review. For a
full discussion of the application of
facts available and adverse inferences,
see the Preliminary Results, 70 FR at
54021–23, and the Decision
Memorandum accompanying this notice
at Comment 5. This rate was
corroborated at the preliminary results
and we have uncovered no new
information since the preliminary
results that warrants modification of our
analysis. See also AFA Rate Selection
Memorandum dated September 6, 2005.
In addition, because the rate for the
1997–1998 administrative review is no
longer zero, TKS no longer qualifies for
revocation of the antidumping duty
order based on three consecutive
administrative reviews resulting in zero
dumping margins, pursuant to 19 CFR
351.222(b). Therefore, we are rescinding
the revocation with respect to TKS and
reinstating the order with respect to
TKS from September 1, 2000, through
September 3, 2001, the day before the
effective date of the sunset revocation.
See Comment 2 in the accompanying
Decision Memorandum. Furthermore,
upon the completion of this review, we
will reopen for reconsideration the
sunset review that resulted in
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08MRN1
11592
Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices
revocation of this order. We will
conduct the sunset review following the
procedures outlined in section 751(c) of
the Act and 19 CFR 351.218. See
Comment 3 in the accompanying
Decision Memorandum.
This notice serves as advance
notification that we will reopen a sunset
review approximately 30 days after
publication of these final results. This
advance notification is not required by
statute but is provided as a service to
the international trading community.
We are issuing and publishing this
determination and notice in accordance
with sections 751(b) and 777(i)(1) of the
Act and 19 CFR 351.216.
Dated: March 1, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix—Issues in the Decision
Memorandum
Comment 1: Department’s Authority to
Conduct this Review
Comment 2: Department’s Authority to
Reinstate the Antidumping Duty Order
Comment 3: Department’s Authority to
Reconsider the Sunset Review which
Resulted in Revocation of the Order
Comment 4: Allegations of TKS’
Misconduct in the 1998–1999 and
1999–2000 Administrative Reviews
Comment 5: Adverse Facts Available
Rate Applied to TKS
[FR Doc. E6–3295 Filed 3–7–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–851]
erjones on PROD1PC68 with NOTICES
Amendment to Countervailing Duty
Order on Dynamic Random Access
Memory Semiconductors From the
Republic of Korea
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 8, 2006.
FOR FURTHER INFORMATION CONTACT:
Steve Williams, AD/CVD Operations,
Office 1, Import Administration, U.S.
Department of Commerce, Room 3069,
14th Street and Constitution Avenue,
NW., Washington, DC 20230; telephone:
(202) 482–4619; or Matthew Walden,
Office of the Chief Counsel for Import
Administration, Office of the General
Counsel, U.S. Department of Commerce,
14th Street and Constitution Avenue,
NW., Washington, DC 20230; telephone:
(202) 482–2963.
SUPPLEMENTARY INFORMATION:
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15:53 Mar 07, 2006
Jkt 208001
Background
In August 2003, the International
Trade Commission (‘‘Commission’’)
determined that an industry in the
United States was materially injured by
reason of subsidized imports of dynamic
random access memory semiconductors
(‘‘DRAMS’’) and DRAM modules from
the Republic of Korea (‘‘Korea’’).
DRAMS and DRAM Modules from
Korea, Inv. No. 701–TA–431 (Final),
USITC Pub. 3616 (Aug. 2003) (‘‘Final
Injury Determination’’). On August 11,
2003, the Department of Commerce
(‘‘Department’’) published a
countervailing duty order on DRAMS
from Korea. See Notice of
Countervailing Duty Order: Dynamic
Random Access Memory
Semiconductors from the Republic of
Korea, 68 FR 47546 (Aug. 11, 2003)
(‘‘CVD Order’’).
The Government of Korea
subsequently requested dispute
resolution at the World Trade
Organization (‘‘WTO’’) to consider, inter
alia, its claims that the Final Injury
Determination was inconsistent with the
WTO Agreement on Subsidies and
Countervailing Measures (‘‘SCM
Agreement’’). The matter was called
‘‘United States – Countervailing Duty
Investigation on Dynamic Random
Access Memory Semiconductors
(DRAMS) From Korea,’’ WT/DS296, and
was reviewed by a WTO panel. In its
final report, the panel found, inter alia,
that one aspect of the Commission’s
Final Injury Determination was not in
conformity with the obligations of the
United States under the SCM
Agreement. The United States did not
appeal this finding, although it appealed
other aspects of the panel report. On
July 20, 2005, the WTO Dispute
Settlement Body (‘‘DSB’’) adopted the
panel report, as modified by the
Appellate Body.
After following the preliminary
procedures required under section 129
of the Uruguay Round Agreements Act
(‘‘URAA’’), by letter dated October 7,
2005, the United States Trade
Representative (‘‘USTR’’) requested that
the Commission issue a determination
under section 129(a)(4) of the URAA
that would render the Commission’s
action in the DRAMS investigation not
inconsistent with the recommendations
and rulings of the DSB. In February
2006, the Commission issued such a
determination, elaborating upon and
clarifying the one aspect of the Final
Injury Determination found to be WTO–
inconsistent, and continued to
determine that the U.S. industry
producing DRAMS and DRAM modules
was materially injured by reason of
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
subsidized imports from Korea. DRAMS
and DRAM Modules from Korea, Inv.
No. 701–TA–431 (Sec. 129), USITC Pub.
3839 (Feb. 2006).
USTR reviewed the Commission’s
determination under section 129 of the
URAA and consulted with the
Congressional committees as provided
in section 129(a)(5) of the URAA. By
letter dated March 1, 2006, USTR
notified the Department of the
Commission’s determination and
requested that it be implemented.
Amendment to Countervailing Duty
Order on Dynamic Random Access
Memory Semiconductors From the
Republic of Korea
As described above, by letter dated
March 1, 2006, USTR notified the
Department that the Commission has
issued a determination pursuant to
section 129 of the URAA, that renders
the Commission’s Final Injury
Determination, under section 705(b) of
the Tariff Act of 1930, as amended,
consistent with the recommendations
and rulings of the DSB. In its section
129 determination the Commission
continued to find that the domestic
industry producing DRAMS and DRAM
modules was materially injured by
reason of subsidized imports from
Korea. Also, pursuant to section 129 of
the URAA, USTR requested that the
Department implement the
Commission’s determination.
Consequently, the Department hereby
amends the countervailing duty order
on DRAMS from Korea to reflect the
issuance and implementation of the
above–referenced determination under
section 129 of the URAA.
Dated: March 2, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–3298 Filed 3–7–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 030106C]
Advisory Committee to the U.S.
Section to the International
Commission for the Conservation of
Atlantic Tunas (ICCAT); Spring
Species Working Group Meeting
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Pages 11590-11592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3295]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-837]
Large Newspaper Printing Presses and Components Thereof, Whether
Assembled or Unassembled, from Japan: Final Results of Changed
Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department has determined to apply an adverse facts
available rate of 59.67 percent to Tokyo Kikai Seisakusho, Ltd. (TKS)
in the 1997-1998 administrative review under section 776(b) of the
Tariff Act of 1930, as amended (the Act), as a result of TKS'
misconduct during this review. We are also rescinding the company-
specific revocation with respect to TKS and reinstating the order with
respect to TKS from September 1, 2000, through September 3, 2001, the
day before the effective date of the sunset revocation. Upon the
completion of this review, we will reopen for reconsideration the
sunset review that resulted in revocation of this order.
EFFECTIVE DATE: March 8, 2006.
FOR FURTHER INFORMATION CONTACT: David J. 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, or (202) 482-4929
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2005, the Department of Commerce (the Department) self-
initiated a changed circumstances review of large newspaper printing
presses and components thereof, whether assembled or unassembled
(LNPPs), from Japan, to consider 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
Large Newspaper Printing Presses and Components Thereof, Whether
Assembled or Unassembled, from Japan: Initiation of Changed
Circumstances Review, 70 FR 24514 (May 10, 2005) (Notice of
Initiation). As detailed in our Notice of Initiation, evidence was
presented in that court proceeding demonstrating that TKS intentionally
provided false information regarding its sale to the Dallas Morning
News (DMN), the subject of the Department's 1997-1998 administrative
review.
On September 13, 2005, the Department published a notice of
preliminary results of changed circumstances review in which it
preliminarily determined that it was appropriate to take the following
course of action in order to protect the integrity of the Department's
proceedings: (1) Revise TKS' margin for the 1997-1998 review to apply a
rate of 59.67 percent based on adverse facts available, pursuant to
section 776(b) of the Act; (2) rescind the company-specific revocation
of the antidumping duty order for TKS because TKS no longer qualifies
for revocation based on three consecutive administrative reviews
resulting in zero dumping margins under 19 CFR 351.222(b); and (3)
reconsider the sunset review which resulted in the revocation of the
entire order, pursuant to section 751(c) of the Act. See Large
Newspaper Printing Presses and Components Thereof, Whether Assembled or
Unassembled, From Japan: Preliminary Results of Changed Circumstances
Review, 70 FR 54019, 54023 (September 13, 2005) (Preliminary Results).
The interested parties submitted case and rebuttal briefs on
October 20 and 27, 2005, respectively. Also in October 2005, several
parties submitted letters addressing the preliminary results, including
newspaper publishers The Washington Post and North Jersey Media Group,
Inc. A public hearing and a closed hearing were held on November 15,
2005.
On January 26, 2006, we invited comments on the decision of the
U.S. Court of Appeals for the Eighth Circuit in Goss Int'l Corp. v. Man
Roland Druckmaschinen Aktiengesellschaft, No. 04-2604, 2006 U.S. App.
LEXIS 1569 (8\th\ Cir. Jan. 23, 2006), affirming the decision of the
Iowa district court in Goss Int'l. Goss International Corporation, TKS,
and Mitsubishi Heavy Industries, Ltd. filed comments on January 31,
2006.
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 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, LNPP 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 LNPP systems, press additions, or
press components, regardless of degree of
[[Page 11591]]
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 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 (December 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. LNPPs may also
enter under HTSUS subheadings 8443.21.00 and 8443.40.00. LNPP
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.
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://
ia.ita.doc.gov. The paper and electronic versions of the Decision
Memorandum are identical in content.
Final Results
We affirm our decision to apply an adverse facts available rate of
59.67 percent to TKS in the 1997-1998 administrative review under
section 776(b) of the Act as a result of TKS' misconduct during this
review. For a full discussion of the application of facts available and
adverse inferences, see the Preliminary Results, 70 FR at 54021-23, and
the Decision Memorandum accompanying this notice at Comment 5. This
rate was corroborated at the preliminary results and we have uncovered
no new information since the preliminary results that warrants
modification of our analysis. See also AFA Rate Selection Memorandum
dated September 6, 2005. In addition, because the rate for the 1997-
1998 administrative review is no longer zero, TKS no longer qualifies
for revocation of the antidumping duty order based on three consecutive
administrative reviews resulting in zero dumping margins, pursuant to
19 CFR 351.222(b). Therefore, we are rescinding the revocation with
respect to TKS and reinstating the order with respect to TKS from
September 1, 2000, through September 3, 2001, the day before the
effective date of the sunset revocation. See Comment 2 in the
accompanying Decision Memorandum. Furthermore, upon the completion of
this review, we will reopen for reconsideration the sunset review that
resulted in
[[Page 11592]]
revocation of this order. We will conduct the sunset review following
the procedures outlined in section 751(c) of the Act and 19 CFR
351.218. See Comment 3 in the accompanying Decision Memorandum.
This notice serves as advance notification that we will reopen a
sunset review approximately 30 days after publication of these final
results. This advance notification is not required by statute but is
provided as a service to the international trading community.
We are issuing and publishing this determination and notice in
accordance with sections 751(b) and 777(i)(1) of the Act and 19 CFR
351.216.
Dated: March 1, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix--Issues in the Decision Memorandum
Comment 1: Department's Authority to Conduct this Review
Comment 2: Department's Authority to Reinstate the Antidumping Duty
Order
Comment 3: Department's Authority to Reconsider the Sunset Review which
Resulted in Revocation of the Order
Comment 4: Allegations of TKS' Misconduct in the 1998-1999 and 1999-
2000 Administrative Reviews
Comment 5: Adverse Facts Available Rate Applied to TKS
[FR Doc. E6-3295 Filed 3-7-06; 8:45 am]
BILLING CODE 3510-DS-S
