Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Preliminary Results of Reconsideration of Sunset Review, 64927-64930 [E6-18670]
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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
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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
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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).
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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.
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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.
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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
https://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:
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Manufacturers/Producers/Exporters
Weighted–Average Margin (Percent)
Mitsubishi Heavy Industries, Ltd. .........................................................................................................
Tokyo Kikai Seisakusho, Ltd. ..............................................................................................................
All Others .............................................................................................................................................
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59.67
51.97
55.05
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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
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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’’).
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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]
-----------------------------------------------------------------------
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 https://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
