Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Preliminary Results of Reconsideration of Sunset Review, 64927-64930 [E6-18670]

Download as PDF rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices collapsed Ningbo Nanlian and HFTC5 in the 1997–1998 administrative review. See Final Results, and accompanying Decision Memo at Comment 20. On February 13, 2003, and on May 21, 2004, the CIT issued orders remanding the case to the Department and ordering the Department to further explain why its findings warranted the collapsing of HFTC5 and Ningbo Nanlian. See Hontex Enterprises, Inc., d/b/a/ Louisiana Packing Co. v. United States, 248 F. Supp. 2d 1323 (CIT 2003), and Hontex Enterprises Inc. d/b/a Louisiana Packing Company v. United States of America, 342 F. Supp. 2d 1225 (CIT 2004). The Department submitted its remand redeterminations on August 12, 2003, and October 18, 2004 (‘‘Remand Results II’’), respectively. On August 31, 2005, the CIT issued its ruling on the Department’s Remand Results II, again remanding the case to the Department. See Hontex Enterprises, Inc., d/b/a/ Louisiana Packing Co., v. United States, Slip Op. 05–116, Court No. 00–00223 (Ct. Int’l Trade August 31, 2005). Specifically, the CIT remanded the case for the Department to: (1) (a) find that Mr. Edward Lee, the owner of Louisiana Packing Co. (Louisiana Packing), an importer of crawfish tail meat from the People’s Republic of China (PRC) and one of the joint venture owners of Ningbo Nanlian Frozen Foods Company, Ltd. (Ningbo Nanlian), did not control another respondent, Huaiyin Foreign Trade Corporation (5) (HFTC5), within the meaning of 19 U.S.C. § 1677(33)(F) and (G), and (b) find that HFTC5 and Ningbo Nanlian were not affiliated, and (c) find that HFTC5 and Ningbo Nanlian should not be collapsed and given a single antidumping margin, and (d) find that Ningbo Nanlian is entitled to a separate company–specific antidumping margin and calculate that margin using the verified information on the record; or (2) (a) reopen the record in order to gather additional evidence of Mr. Lee’s control relationship with HFTC5 during the period of review, (b) place such additional information on the record, and (c) conduct an analysis that takes into account any such new evidence, including the temporal aspect of any such new evidence. See CPA Remand II. The Department submitted the Final Results of Remand to the CIT on December 9, 2005. In its Final Results of Remand, in accordance with the CIT’s August 31, 2005, order, the Department found (1) that Mr. Lee did not control HFTC5 within the meaning of 19 U.S.C. § 1677(33)(F) and (G), (2) that HFTC5 and Ningbo Nanlian were not affiliated, (3) that HFTC5 and Ningbo Nanlian should not be collapsed and given a VerDate Aug<31>2005 17:31 Nov 03, 2006 Jkt 211001 single antidumping margin, and (4) that Ningbo Nanlian is entitled to a separate company–specific antidumping margin. On April 3, 2006, the CIT sustained the final remand determination made by the Department. See Hontex Judgment. The Department filed its appeal with the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) on May 31, 2006. The CAFC granted the Department’s motion to dismiss the appeal and dismissed the case on September 21, 2006. 64927 DEPARTMENT OF COMMERCE International Trade Administration A–588–837 Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Preliminary Results of Reconsideration of Sunset Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 13, 2006, the Amendment to the Final Determination Department of Commerce (‘‘the Department’’) published the notice of Because there is now a final and conclusive court decision, effective as of initiation of the reconsideration of the sunset review of the antidumping duty the publication date of this notice, we order on large newspaper printing are amending the 97/98 Final Results presses and components thereof, and revising the weighted–average whether assembled or unassembled dumping margins for both companies, (LNPP), from Japan. On the basis of the for purposes of the 97/98 period of notice of intent to participate, as well as review: adequate substantive responses and rebuttal comments filed on behalf of the Weighted–Average Manufacturer/Exporter domestic and respondent interested Margin (Percent) parties, the Department is conducting a full sunset review of the antidumping Ningbo Nanlian Frozen Foods Company, Ltd. 2.16 duty order, following the requirements Huaiyin Foreign Trade of section 751(c) of the Tariff Act of Corporation (5) .......... 201.63 1930, as amended (‘‘the Act’’) and 19 CFR 351.218(e)(2)(i). As a result of this We have calculated Ningbo Nanlian’s reconsideration of the sunset review, the Department preliminarily finds that company–specific antidumping margin revocation of the order on LNPP from as 2.16 percent. See the Memorandum Japan after the original sunset review to the File from Maureen A. Flannery, period of 1996–2001 would have likely ‘‘Analysis for the Draft Results of led to the continuation or recurrence of Determination Pursuant to Court dumping at the levels listed below in Remand for Freshwater Crawfish Tail the section entitled ‘‘Preliminary Meat from the People’s Republic of Results of Review.’’ China: Ningbo Nanlian Frozen Foods EFFECTIVE DATE: November 6, 2006. Co., Ltd.,’’ dated November 22, 2005. FOR FURTHER INFORMATION CONTACT: There have been no changes to this analysis for these amended final results. David Goldberger, Kate Johnson, or Brandon Farlander, AD/CVD Additionally, we are determining Operations, Import Administration, HFTC5’s margin based on its own International Trade Administration, performance in the administrative U.S. Department of Commerce, 14th review. Therefore, HFTC5’s Street & Constitution Avenue, NW, antidumping duty margin will remain Washington, DC, 20230; telephone: 202– 201.63 percent. The Department will 482–4136, 202–482–4929, or 202–482– issue appropriate assessment 0182, respectively. instructions directly to U.S. Customs and Border Protection within 15 days of SUPPLEMENTARY INFORMATION: publication of the final results of this Background review. On February 25, 2002, the Department This notice is issued and published in revoked the antidumping duty order on accordance with sections 751(a)(1) and LNPP from Japan under a five-year 777(i)(1) of the Tariff Act of 1930, as sunset review pursuant to section 751(c)(3)(A) of the Act, because the only amended. domestic interested party in the sunset Dated: October 30, 2006. review, Goss Graphics Corporation (now David M. Spooner, known as Goss International Assistant Secretary for Import Corporation (‘‘Goss’’)), withdrew its Administration. participation, and, thus, its interest in [FR Doc. E6–18686 Filed 11–3–06; 8:45 am] the review. See Large Newspaper BILLING CODE 3510–DS–S Printing Presses and Components PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\06NON1.SGM 06NON1 rwilkins on PROD1PC63 with NOTICES 64928 Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices 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) (‘‘2002 Sunset Review’’). As discussed in Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Final Results of Changed Circumstances Review (71 FR 11590 (March 8, 2006)) (‘‘CCR Final Results’’), the Department noted that the results of the 2002 Sunset Review are unreliable because the misconduct of Tokyo Kikai Seisakusho, Ltd. and TKS (U.S.A.), Inc. (‘‘TKS’’) during the 1997– 1998 administrative review of the LNPP antidumping duty order, which ultimately led to its company–specific revocation from the underlying order, substantially tainted the integrity of the proceeding, and may have significantly undermined the integrity of the sunset review results, including the parties’ decisions whether or not to participate in the sunset review. TKS’ misconduct before the Department was the subject of a federal district court decision and was confirmed by the 8th Circuit Court of Appeals. See id. As a result, the Department rescinded TKS’ company– specific revocation and stated its intent to reconsider the 2002 Sunset Review, which revoked the order in its entirety. On April 13, 2006, the Department published its notice of initiation of the reconsideration of the sunset review of the antidumping duty order on LNPP from Japan, in accordance with section 751(c) of the Act. See Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, From Japan: Reconsideration of Sunset Review, 71 FR 19164 (April 13, 2006) (‘‘Notice of Initiation’’). The Department received a Notice of Intent to Participate from the domestic interested party, Goss, within the deadline specified in 19 CFR 351.218(d)(1)(i). Goss claimed interested party status under section 771(9)(C) of the Act, as a producer of the domestic like product. The Department received a complete substantive response to the Notice of Initiation from Goss within the 30-day deadline specified in the Department’s regulations under 19 CFR 351.218(d)(3)(i). The Department received complete substantive responses from respondent interested parties, Mitsubishi Heavy Industries, Ltd. (‘‘MHI’’), and TKS within the deadline specified in 19 CFR 351.218(d)(3)(i). VerDate Aug<31>2005 17:31 Nov 03, 2006 Jkt 211001 Rebuttal comments were filed by Goss, MHI and TKS on May 26, 2006. On June 8, 2006, the Department determined that respondent interested parties accounted for more than 50 percent of exports of the subject merchandise and, therefore, submitted adequate substantive responses to the Department’s Notice of Initiation. See Memorandum to Irene Darzenta Tzafolias, Acting Director, AD/CVD Operations, Office 2; Re: Adequacy Determination in the Reconsideration of Sunset Review on Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan. In accordance with 19 CFR 351.218(e)(2)(i), the Department determined to conduct a full sunset review of this antidumping duty order.1 On June 28, 2006, MHI requested that the Department reconsider its adequacy determination issued on June 8, 2006, because it claimed that Goss was not a domestic interested party. On July 18, 2006, the Department requested additional information from Goss with respect to its status as a domestic producer during the POR and subsequently through November 30, 2001, which includes the period during which the original sunset review would have been conducted. Goss responded to the Department’s request on August 1, 2006. MHI and TKS submitted comments on Goss’ submission on August 31, 2006. Goss responded to those comments on October 2, 2006, and MHI submitted additional comments on October 6, 2006. Scope of the Order The products covered by the scope of the order 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 order includes the five 1 The 2002 Sunset Review was conducted on an expedited basis because only the domestic interested party, Goss, submitted a response. Nevertheless, in reconsidering the 2002 Sunset Review, the Department has determined that it is appropriate to conduct a new review applying the standard sunset review procedures and allowing all interested parties an opportunity to comment. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 press system components. They are: (1) a printing unit, which is any component that prints in monocolor, spot color and/or process (full) color; (2) a reel tension paster (RTP), which is any component that feeds a roll of paper more than two newspaper broadsheet pages in width into a subject printing unit; (3) a folder, which is a module or combination of modules capable of cutting, folding, and/or delivering the paper from a roll or rolls of newspaper broadsheet paper more than two pages in width into a newspaper format; (4) conveyance and access apparatus capable of manipulating a roll of paper more than two newspaper broadsheet pages across through the production process and which provides structural support and access; and (5) a computerized control system, which is any computer equipment and/or software designed specifically to control, monitor, adjust, and coordinate the functions and operations of large newspaper printing presses or press components. A press addition is comprised of a union of one or more of the press components defined above and the equipment necessary to integrate such components into an existing press system. Because of their size, large newspaper printing press systems, press additions, and press components are typically shipped either partially assembled or unassembled, complete or incomplete, and are assembled and/or completed prior to and/or during the installation process in the United States. Any of the five components, or collection of components, the use of which is to fulfill a contract for large newspaper printing press systems, press additions, or press components, regardless of degree of assembly and/or degree of combination with non–subject elements before or after importation, is included in the scope of the order. 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 scope, 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. E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices 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 the order. 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 (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 order, 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 order. 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 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, the scope 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 the scope 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 order is dispositive. Analysis of Comments Received All issues raised for the preliminary results of this reconsideration of the sunset review are addressed in the ‘‘Issues and Decision Memorandum for the Reconsideration of Sunset Review of the Antidumping Duty Order on Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Preliminary Results,’’ to David M. Spooner, Assistant Secretary for Import Administration, (‘‘Decision Memo’’), 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 have prevailed if the antidumping duty order had not been revoked. Parties can find a discussion of the issues raised in this reconsideration of the sunset review and the corresponding recommendations for these preliminary results in this public memo, 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 http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Preliminary Results of Review The Department preliminarily determines that, for purposes of this reconsideration of the sunset review, had the antidumping duty order not been revoked in the 2002 Sunset Review, revocation of the antidumping duty order on LNPP from Japan would have likely led to continuation or recurrence of dumping at the following weighted–average margins: rwilkins on PROD1PC63 with NOTICES Manufacturers/Producers/Exporters Weighted–Average Margin (Percent) Mitsubishi Heavy Industries, Ltd. ......................................................................................................... Tokyo Kikai Seisakusho, Ltd. .............................................................................................................. All Others ............................................................................................................................................. VerDate Aug<31>2005 17:31 Nov 03, 2006 Jkt 211001 PO 00000 Frm 00010 Fmt 4703 64929 Sfmt 4703 E:\FR\FM\06NON1.SGM 59.67 51.97 55.05 06NON1 64930 Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices Any interested party may request a hearing within 30 days of publication of this notice in accordance with 19 CFR 351.310(c). Interested parties may submit case briefs no later than 30 days after the date of publication of this notice, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues raised in the case briefs, may be filed no later than 5 days after the case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing, if requested, will be held two days after rebuttal briefs are due, in accordance with 19 CFR 351.310(d)(1). The Department will issue a notice of final results of this reconsideration of the sunset review, which will include the results of its analysis of issues raised in any such briefs, no later than March 9, 2007. This reconsideration of sunset review and notice are in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: October 30, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–18670 Filed 11–3–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms From the People’s Republic of China; Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has preliminarily determined that sales by the respondents in this review, covering the period February 1, 2005, through January 31, 2006, have been made at prices less than normal value (‘‘NV’’). If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. The Department invites interested parties to comment on these preliminary results. DATES: Effective Date: September 12, 2006. FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of rwilkins on PROD1PC63 with NOTICES AGENCY: VerDate Aug<31>2005 17:31 Nov 03, 2006 Jkt 211001 Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–1766 and (202) 482–1280, respectively. SUPPLEMENTARY INFORMATION: Background On February 19, 1999, the Department published in the Federal Register an amended final determination and antidumping duty order on certain preserved mushrooms from the PRC (64 FR 8308). On February 1, 2006, the Department published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (‘‘PRC’’) covering the period February 1, 2005, through January 31, 2006. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 71 FR 5239 (February 1, 2006). On February 28, 2006, in accordance with 19 CFR 351.213(b), the petitioner 1 requested a review of 13 companies (including Guangxi Eastwing and Primera Harvest which submitted their own requests for review).2 In addition, Raoping CXF Foods (‘‘Raoping CXF’’) (i.e., Guangxi Eastwing’s supplier) requested its own review. On April 5, 2006, the Department published in the Federal Register a notice of initiation of this administrative review covering the companies listed in the requests received from the interested parties. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Administrative Reviews, 71 FR 17077 (April 5, 2006) (‘‘Initiation Notice’’). Prior to the notice of initiation, the Department issued quantity and value (‘‘Q&V’’) questionnaires to the firms for 1 The petitioner is the Coalition for Fair Preserved Mushroom Trade which includes the following domestic companies: L.K. Bowman, Inc., Monterey Mushrooms, Inc., Mushroom Canning Company, and Sunny Dell Foods, Inc. 2 These companies are: (1) Blue Field (Sichuan) Food Industrial Co., Ltd. (‘‘Blue Field’’); (2) China National Cereals, Oils & Foodstuffs Import & Export Corporation (‘‘China National’’); (3) China Processed Food Import & Export Company (‘‘COFCO’’); (4) COFCO (Zhangzhou) Food Industrial Co., Ltd. (‘‘COFCO Zhangzhou’’); (5) Gerber Food (Yunnan) Co., Ltd. (‘‘Gerber’’); (6) Green Fresh Foods (Zhangzhou) Co., Ltd. (‘‘Green Fresh’’); (7) Guangxi Hengxian Pro-Light Foods, Inc. (‘‘Guangxi Hengxian’’); (8) Guangxi Eastwing Trading Co., Ltd. (‘‘Guangxi Eastwing’’); (9) Guangxi Yulin Oriental Food Co., Ltd. (‘‘Guangxi Yulin’’); (10) Primera Harvest (Xiangfan) Co., Ltd. (‘‘Primera Harvest’’); (11) Raoping Yucun Canned Foods Factory (‘‘Raoping Yucun’’); (12) Shandong Jiufa Edible Fungus Co., Ltd. (‘‘Jiufa’’); and (13) Xiamen Jiahua Import & Export Trading Co., Ltd. (‘‘Xiamen Jiahua’’). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 which a review had been requested.3 This questionnaire requested the quantity and value for the identified companies that produced and/or exported certain preserved mushrooms from the PRC.4 After the notice of initiation, the Department again requested Q&V information and provided additional opportunity for all companies covered by the review to respond to this request. In response, four companies responded that they exported subject merchandise to the United States during the POR: (1) COFCO; (2) Guangxi Hengxian; (3) Primera Harvest; and (4) Guangxi Eastwing. The following five companies filed no-shipment claims: (1) Blue Field; (2) Gerber; (3) Jiufa; (4) Raoping CXF; 5 and (5) Raoping Yucun. The two remaining companies, Green Fresh and Guangxi Yulin, either did not submit a properly filed Q&V response or did not respond.6 Because it was not practicable for the Department to individually examine all of the companies covered by the review, the Department limited its examination for these preliminary results to the largest producers/exporters that could reasonably be examined, accounting for the greatest possible export volume, 3 In two prior administrative reviews of this antidumping duty order, the Department collapsed COFCO with COFCO Zhangzhou, Xiamen Jiahua, Fujian Zishan Group, Co., Ltd. (‘‘Fujian Zishan’’), and Fujian Yu Xing Fruits & Vegetable Foodstuff Co., Ltd. (‘‘Yu Xing’’). See Certain Preserved Mushrooms from the People’s Republic of China: Final Results of Sixth Antidumping Duty New Shipper Review and Final Results and Partial Rescission of the Fourth Antidumping Duty Administrative Review, 69 FR 54635, 54637 (September 9, 2004) and accompanying Issues and Decision Memorandum at Comment 1 (‘‘PRC Mushrooms 4th AR’’); and Certain Preserved Mushrooms from the People’s Republic of China: Preliminary Results and Partial Rescission of Fifth Antidumping Duty Administrative Review, 70 FR 10965, 10971 (March 7, 2005) as affirmed in Certain Preserved Mushrooms from the People’s Republic of China: Final Results and Final Rescission, in Part, of Antidumping Duty Administrative Review, 70 FR 54361 (September 14, 2005) (‘‘PRC Mushrooms 5th AR’’). During the POR, COFCO was the only one of the COFCO affiliated companies to export subject merchandise to the United States. 4 The Department inadvertently did not issue a Q&V questionnaire to Raoping CXF prior to initiating this review. 5 Raoping CXF subsequently withdrew its review request on April 26, 2006. 6 With respect to Green Fresh, we issued the initial Q&V questionnaire on March 9, 2006, and follow-up letters on April 20 and 25, and May 4, 2006, to this company informing it that its Q&V response was not properly filed in accordance with the Department’s regulations, but Green Fresh failed to correct its filing deficiencies (see Memorandum to the File dated May 23, 2006, for further discussion on this matter). With respect to Guangxi Yulin, we issued the initial Q&V questionnaire on March 9, 2006, and re-issued the Q&V questionnaire to it on April 6, and May 5, 2006, but received no response (see Memorandum to the File dated May 23, 2006, for further discussion on this matter). E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 71, Number 214 (Monday, November 6, 2006)]
[Notices]
[Pages 64927-64930]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18670]


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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: Preliminary Results of 
Reconsideration of Sunset Review

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

SUMMARY: On April 13, 2006, the Department of Commerce (``the 
Department'') published the notice of initiation of the reconsideration 
of the sunset review of the antidumping duty order on large newspaper 
printing presses and components thereof, whether assembled or 
unassembled (LNPP), from Japan. On the basis of the notice of intent to 
participate, as well as adequate substantive responses and rebuttal 
comments filed on behalf of the domestic and respondent interested 
parties, the Department is conducting a full sunset review of the 
antidumping duty order, following the requirements of section 751(c) of 
the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 
351.218(e)(2)(i). As a result of this reconsideration of the sunset 
review, the Department preliminarily finds that revocation of the order 
on LNPP from Japan after the original sunset review period of 1996-2001 
would have likely led to the continuation or recurrence of dumping at 
the levels listed below in the section entitled ``Preliminary Results 
of Review.''

EFFECTIVE DATE: November 6, 2006.

FOR FURTHER INFORMATION CONTACT: David Goldberger, Kate Johnson, or 
Brandon Farlander, AD/CVD Operations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14\th\ 
Street & Constitution Avenue, NW, Washington, DC, 20230; telephone: 
202-482-4136, 202-482-4929, or 202-482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 25, 2002, the Department revoked the antidumping duty 
order on LNPP from Japan under a five-year sunset review pursuant to 
section 751(c)(3)(A) of the Act, because the only domestic interested 
party in the sunset review, Goss Graphics Corporation (now known as 
Goss International Corporation (``Goss'')), withdrew its participation, 
and, thus, its interest in the review. See Large Newspaper Printing 
Presses and Components

[[Page 64928]]

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) (``2002 Sunset Review'').
    As discussed in Large Newspaper Printing Presses and Components 
Thereof, Whether Assembled or Unassembled, from Japan: Final Results of 
Changed Circumstances Review (71 FR 11590 (March 8, 2006)) (``CCR Final 
Results''), the Department noted that the results of the 2002 Sunset 
Review are unreliable because the misconduct of Tokyo Kikai Seisakusho, 
Ltd. and TKS (U.S.A.), Inc. (``TKS'') during the 1997-1998 
administrative review of the LNPP antidumping duty order, which 
ultimately led to its company-specific revocation from the underlying 
order, substantially tainted the integrity of the proceeding, and may 
have significantly undermined the integrity of the sunset review 
results, including the parties' decisions whether or not to participate 
in the sunset review. TKS' misconduct before the Department was the 
subject of a federal district court decision and was confirmed by the 
8th Circuit Court of Appeals. See id. As a result, the Department 
rescinded TKS' company-specific revocation and stated its intent to 
reconsider the 2002 Sunset Review, which revoked the order in its 
entirety.
    On April 13, 2006, the Department published its notice of 
initiation of the reconsideration of the sunset review of the 
antidumping duty order on LNPP from Japan, in accordance with section 
751(c) of the Act. See Large Newspaper Printing Presses and Components 
Thereof, Whether Assembled or Unassembled, From Japan: Reconsideration 
of Sunset Review, 71 FR 19164 (April 13, 2006) (``Notice of 
Initiation'').
    The Department received a Notice of Intent to Participate from the 
domestic interested party, Goss, within the deadline specified in 19 
CFR 351.218(d)(1)(i). Goss claimed interested party status under 
section 771(9)(C) of the Act, as a producer of the domestic like 
product.
    The Department received a complete substantive response to the 
Notice of Initiation from Goss within the 30-day deadline specified in 
the Department's regulations under 19 CFR 351.218(d)(3)(i). The 
Department received complete substantive responses from respondent 
interested parties, Mitsubishi Heavy Industries, Ltd. (``MHI''), and 
TKS within the deadline specified in 19 CFR 351.218(d)(3)(i). Rebuttal 
comments were filed by Goss, MHI and TKS on May 26, 2006.
    On June 8, 2006, the Department determined that respondent 
interested parties accounted for more than 50 percent of exports of the 
subject merchandise and, therefore, submitted adequate substantive 
responses to the Department's Notice of Initiation. See Memorandum to 
Irene Darzenta Tzafolias, Acting Director, AD/CVD Operations, Office 2; 
Re: Adequacy Determination in the Reconsideration of Sunset Review on 
Large Newspaper Printing Presses and Components Thereof, Whether 
Assembled or Unassembled, from Japan. In accordance with 19 CFR 
351.218(e)(2)(i), the Department determined to conduct a full sunset 
review of this antidumping duty order.\1\
---------------------------------------------------------------------------

    \1\ The 2002 Sunset Review was conducted on an expedited basis 
because only the domestic interested party, Goss, submitted a 
response. Nevertheless, in reconsidering the 2002 Sunset Review, the 
Department has determined that it is appropriate to conduct a new 
review applying the standard sunset review procedures and allowing 
all interested parties an opportunity to comment.
---------------------------------------------------------------------------

    On June 28, 2006, MHI requested that the Department reconsider its 
adequacy determination issued on June 8, 2006, because it claimed that 
Goss was not a domestic interested party. On July 18, 2006, the 
Department requested additional information from Goss with respect to 
its status as a domestic producer during the POR and subsequently 
through November 30, 2001, which includes the period during which the 
original sunset review would have been conducted. Goss responded to the 
Department's request on August 1, 2006. MHI and TKS submitted comments 
on Goss' submission on August 31, 2006. Goss responded to those 
comments on October 2, 2006, and MHI submitted additional comments on 
October 6, 2006.

Scope of the Order

    The products covered by the scope of the order 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 order includes the 
five press system components. They are: (1) a printing unit, which is 
any component that prints in monocolor, spot color and/or process 
(full) color; (2) a reel tension paster (RTP), which is any component 
that feeds a roll of paper more than two newspaper broadsheet pages in 
width into a subject printing unit; (3) a folder, which is a module or 
combination of modules capable of cutting, folding, and/or delivering 
the paper from a roll or rolls of newspaper broadsheet paper more than 
two pages in width into a newspaper format; (4) conveyance and access 
apparatus capable of manipulating a roll of paper more than two 
newspaper broadsheet pages across through the production process and 
which provides structural support and access; and (5) a computerized 
control system, which is any computer equipment and/or software 
designed specifically to control, monitor, adjust, and coordinate the 
functions and operations of large newspaper printing presses or press 
components.
    A press addition is comprised of a union of one or more of the 
press components defined above and the equipment necessary to integrate 
such components into an existing press system.
    Because of their size, large newspaper printing press systems, 
press additions, and press components are typically shipped either 
partially assembled or unassembled, complete or incomplete, and are 
assembled and/or completed prior to and/or during the installation 
process in the United States. Any of the five components, or collection 
of components, the use of which is to fulfill a contract for large 
newspaper printing press systems, press additions, or press components, 
regardless of degree of assembly and/or degree of combination with non-
subject elements before or after importation, is included in the scope 
of the order. 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 scope, 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.

[[Page 64929]]

    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 the order. 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 (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 order, 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 order.
    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, the scope 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 the scope 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 order is dispositive.

Analysis of Comments Received

    All issues raised for the preliminary results of this 
reconsideration of the sunset review are addressed in the ``Issues and 
Decision Memorandum for the Reconsideration of Sunset Review of the 
Antidumping Duty Order on Large Newspaper Printing Presses and 
Components Thereof, Whether Assembled or Unassembled, from Japan: 
Preliminary Results,'' to David M. Spooner, Assistant Secretary for 
Import Administration, (``Decision Memo''), 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 have prevailed if the antidumping duty order 
had not been revoked. Parties can find a discussion of the issues 
raised in this reconsideration of the sunset review and the 
corresponding recommendations for these preliminary results in this 
public memo, 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 http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Preliminary Results of Review

    The Department preliminarily determines that, for purposes of this 
reconsideration of the sunset review, had the antidumping duty order 
not been revoked in the 2002 Sunset Review, revocation of the 
antidumping duty order on LNPP from Japan would have likely led to 
continuation or recurrence of dumping at the following weighted-average 
margins:

------------------------------------------------------------------------
   Manufacturers/Producers/
          Exporters                Weighted-Average Margin (Percent)
------------------------------------------------------------------------
Mitsubishi Heavy Industries,                                       59.67
 Ltd.........................
Tokyo Kikai Seisakusho, Ltd..                                      51.97
All Others...................                                      55.05
------------------------------------------------------------------------


[[Page 64930]]

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of this notice, in accordance with 19 CFR 
351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues 
raised in the case briefs, may be filed no later than 5 days after the 
case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing, if 
requested, will be held two days after rebuttal briefs are due, in 
accordance with 19 CFR 351.310(d)(1). The Department will issue a 
notice of final results of this reconsideration of the sunset review, 
which will include the results of its analysis of issues raised in any 
such briefs, no later than March 9, 2007.
    This reconsideration of sunset review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 30, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-18670 Filed 11-3-06; 8:45 am]
BILLING CODE 3510-DS-S