Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Final Results of Reconsideration of Sunset Review, 67131-67133 [E8-26987]
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Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices
in calculating surrogate financial ratios,
for the preliminary results.45
For the preliminary results, we have
determined to use Essar’s year ending
March 31, 2007, financial statements to
calculate surrogate financial ratios
because they appear to be complete, are
publicly available, and are
contemporaneous with the POR.
Therefore, for factory overhead, selling,
general, and administrative expenses,
and profit, consistent with 19 CFR
351.408(c)(4), we used the public
information from Essar’s year ending
March 31, 2007, financial statements.
For a full discussion of the calculation
of these ratios, see Factor Valuation
Memorandum.
Finally, Valin Xiantan did not provide
a full description of certain of its FOPs
to the Department nor has it provided
recommendations for valuing certain
FOPs. For the preliminary results, the
Department is using SVs either
recommended by the parties or found in
its own research to value FOPs in its
margin calculation. For further details
regarding each FOP, see Factor
Valuation Memorandum and Valin
Xiangtan Preliminary Analysis
Memorandum.
For the final results, the Department
is providing Valin Xiangtan an
opportunity to provide a full description
as requested by the Department in the
original questionnaire issued on January
14, 2008, and recommendations for
valuing these FOPs. A full description
of certain FOPs, including all support
documentation is hereby due to the
Department no later than 14 days after
its receipt of our supplemental
questionnaire, which we intend to issue
shortly to Valin Xiangtan.
Currency Conversion
We made currency conversions into
U.S. dollars, in accordance with section
773A(a) of the Act, based on the
exchange rates in effect on the dates of
the U.S. sales, as certified by the Federal
Reserve Bank. See https://
www.ia.ita.doc.gov/exchange/
index.html.
mstockstill on PROD1PC66 with NOTICES
Preliminary Results of Reviews
We preliminarily find the weighted–
average dumping margin for Valin
Xiangtan for the period November 1,
2006, through October 31, 2007, to be
133.38 percent.
Assessment Rates
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries. The Department
intends to issue appropriate
45 See IPSCO’s surrogate value submission dated
March 14, 2008.
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17:57 Nov 12, 2008
Jkt 217001
appraisement instructions for the
company subject to this new shipper
review directly to CBP 15 days after
publication of the final results of this
new shipper review. Pursuant to 19 CFR
351.212(b)(1), we will calculate
importer- specific ad valorem duty
assessment rates based on the ratio of
the total amount of the dumping
margins calculated for the examined
sales to the total entered value of those
same sales. We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this new
shipper review if any importer–specific
assessment rate calculated in the final
results of this new shipper review is
above de minimis.
Cash Deposit Requirements
Upon completion of this new shipper
review, we will require cash deposits at
the rate established in the final results
as further described below. Bonding
will no longer be permitted to fulfill
security requirements for shipments of
CTL Steel Plate from the PRC produced
and exported by Valin Xiantan that are
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
the new shipper review. The following
cash deposit requirements will be
effective upon publication of the final
results of this new shipper review for
shipments of subject merchandise from
Valin Xiangtan entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(2)(C) of the Act: (1)
Subject merchandise produced and
exported by Valin Xiangtan, the cash
deposit rate will be that established in
the final results of this review; (2)
subject merchandise exported by Valin
Xiangtan but not produced by Valin
Xiangtan, the cash deposit rate will
continue to be the PRC–wide rate of
128.59 percent; (3) for subject
merchandise produced by Valin
Xiangtan, and exported by any party but
themselves, the cash deposit rate will be
the rate applicable to the exporter.
These requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
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67131
occurred and the subsequent assessment
of double antidumping duties.
This new shipper review and notice
are in accordance with sections
751(a)(1) of the Act and 19 CFR 351.214.
Dated: November 6, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–26992 Filed 11–12–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–588–837
Large Newspaper Printing Presses and
Components Thereof, Whether
Assembled or Unassembled, from
Japan: Final Results of
Reconsideration of Sunset Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 6, 2006, the
Department of Commerce (the
Department) published a notice of
preliminary results 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 (71
FR 64927), following the requirements
of section 751(c) of the Tariff Act of
1930, as amended (the Act). We
provided interested parties an
opportunity to comment on our
preliminary results. We received case
and rebuttal briefs from domestic and
foreign interested parties, and we held
a public hearing. As a result of this
review, the Department 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 indicated in the
‘‘Final Results of Review’’ section of this
notice.
EFFECTIVE DATE: November 13, 2008.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Kate Johnson, AD/
CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC, 20230;
telephone: 202–482–4136 or 202–482–
4929, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The products covered by the scope of
the order are large newspaper printing
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67132
Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices
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
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17:13 Nov 12, 2008
Jkt 217001
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.
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:
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Fmt 4703
Sfmt 4703
• 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,
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Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
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.
Background
On November 6, 2006, the Department
published in the Federal Register a
notice of preliminary results of the
reconsideration of sunset review of the
antidumping duty order on LNPP from
Japan, following the requirements of
section 751(c) of the Act. See Large
Newspaper Printing Presses and
Components Thereof, Whether
Assembled or Unassembled, from Japan:
Preliminary Results of Reconsideration
of Sunset Review, 71 FR 64927
(November 6, 2006) (Preliminary
Results). In our Preliminary Results, we
determined that, for purposes of this
reconsideration of the sunset review,
had the antidumping duty order not
been revoked in Large Newspaper
Printing Presses and Components
Thereof, Whether Assembled or
Unassembled, from Japan (A–588–837)
and Germany (A–428–821): Notice of
Final Results of Five–Year Sunset
Reviews and Revocation of
Antidumping Duty Orders, 67 FR 8522
(February 25, 2002) (2002 Sunset
Review), revocation of the antidumping
duty order on LNPP from Japan would
have likely led to continuation or
recurrence of dumping with a margin of
59.67 percent for Mitsubishi Heavy
Industries, Ltd. (MHI), 51.97 percent for
Tokyo Kikai Seisakusho, Ltd. (TKS), and
an all–others rate of 55.05 percent.
On December 6, 2006, MHI, TKS, and
the domestic interested party, Goss
International Corporation (known as
Goss Graphics Systems Inc. during the
period of the 2002 Sunset Review)
(Goss) submitted case briefs in response
to the Department’s preliminary results.
TKS and Goss submitted rebuttal
comments on December 11, 2006. We
held a public hearing on December 18,
2006.
On January 24, 2007, the Court of
International Trade (CIT) issued its
decision in Tokyo Kikai Seisakusho,
Ltd. v. United States, 473 F. Supp. 2d
1349, 1364 (Ct. Int’l Trade 2007), and
ordered the Department to ‘‘discontinue
any action in regard to a
reconsideration’’ of the sunset review.
In accordance with that decision, the
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18:03 Nov 12, 2008
Jkt 217001
Department discontinued action with
respect to its reconsideration of the
sunset review. See Large Newspaper
Printing Presses and Components
Thereof, Whether Assembled or
Unassembled, from Japan:
Discontinuation of Reconsideration of
Sunset Review, 72 FR 9730 (March 5,
2007).
On June 17, 2008, the Court of
Appeals for the Federal Circuit (CAFC)
reversed the CIT’s decision directing the
Department to discontinue its sunset
review reconsideration. The CAFC held
that the issue was not ripe for judicial
review and that the CIT erred in finding
that the Department’s stated intention to
reopen the sunset review proceeding (in
the context of the March 2006 changed
circumstances review final results) was
final agency action. See Tokyo Kikai
Seisakusho, Ltd. v. United States, 529
F.3d 1352 (Fed. Cir. 2008). Accordingly,
the Department resumed its
reconsideration of the sunset review.
See Large Newspaper Printing Presses
and Components Thereof, Whether
Assembled or Unassembled, from Japan:
Resumption of Reconsideration of
Sunset Review, 73 FR 57059 (October 1,
2008).
This notice serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This reconsideration of sunset review
and notice are in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Analysis of Comments Received
DEPARTMENT OF COMMERCE
All issues raised in the case and
rebuttal briefs by parties to this sunset
review are addressed in the ‘‘Issues and
Decision Memorandum’’ (Decision
Memo) to David M. Spooner, Assistant
Secretary for Import Administration,
which is hereby adopted and
incorporated by reference into this
notice. Parties can find a discussion of
the issues raised for the final results of
this reconsideration of the sunset review
and the corresponding
recommendations in this public
memorandum, which is on file in the
Central Records Unit, room 1117 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.
Final Results of Review
We determine 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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Frm 00016
Fmt 4703
Sfmt 4703
Manufacturers/Producers/Exporters
Weighted–
Average
Margin
(Percent)
Mitsubishi Heavy Industries, Ltd.
Tokyo Kikai Seisakusho, Ltd. .....
All Others ....................................
59.67
51.97
55.05
Dated: November 6, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–26987 Filed 11–12–08; 8:45 am]
BILLING CODE 3510–DS–S
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture from the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 13, 2008.
SUMMARY: On October 10, 2008, the
United States Court of International
Trade (‘‘CIT’’) sustained the Department
of Commerce’s (‘‘Department’’) final
results of redetermination pursuant to
the Department’s voluntary remand. See
Macau Youcheng Trading Co. and
Zhongshan Youcheng Wooden Arts &
Crafts Co., Ltd. v. United States Court
No. 07–00322: Final Results Of
Redetermination Pursuant To Voluntary
Remand, dated October 3, 2008
(‘‘Youcheng v. United States’’).
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), the Department is
notifying the public that the final
judgment in this case is not in harmony
with the Department’s final results of
the administrative review of the
AGENCY:
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]]>Agencies
[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67131-67133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26987]
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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: Final Results of Reconsideration
of Sunset Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 6, 2006, the Department of Commerce (the
Department) published a notice of preliminary results 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 (71 FR 64927), following
the requirements of section 751(c) of the Tariff Act of 1930, as
amended (the Act). We provided interested parties an opportunity to
comment on our preliminary results. We received case and rebuttal
briefs from domestic and foreign interested parties, and we held a
public hearing. As a result of this review, the Department 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 indicated in the ``Final Results of
Review'' section of this notice.
EFFECTIVE DATE: November 13, 2008.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Kate Johnson, AD/
CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street &
Constitution Avenue, NW, Washington, DC, 20230; telephone: 202-482-4136
or 202-482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the scope of the order are large newspaper
printing
[[Page 67132]]
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.
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,
[[Page 67133]]
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.
Background
On November 6, 2006, the Department published in the Federal
Register a notice of preliminary results of the reconsideration of
sunset review of the antidumping duty order on LNPP from Japan,
following the requirements of section 751(c) of the Act. See Large
Newspaper Printing Presses and Components Thereof, Whether Assembled or
Unassembled, from Japan: Preliminary Results of Reconsideration of
Sunset Review, 71 FR 64927 (November 6, 2006) (Preliminary Results). In
our Preliminary Results, we determined that, for purposes of this
reconsideration of the sunset review, had the antidumping duty order
not been revoked in Large Newspaper Printing Presses and Components
Thereof, Whether Assembled or Unassembled, from Japan (A-588-837) and
Germany (A-428-821): Notice of Final Results of Five-Year Sunset
Reviews and Revocation of Antidumping Duty Orders, 67 FR 8522 (February
25, 2002) (2002 Sunset Review), revocation of the antidumping duty
order on LNPP from Japan would have likely led to continuation or
recurrence of dumping with a margin of 59.67 percent for Mitsubishi
Heavy Industries, Ltd. (MHI), 51.97 percent for Tokyo Kikai Seisakusho,
Ltd. (TKS), and an all-others rate of 55.05 percent.
On December 6, 2006, MHI, TKS, and the domestic interested party,
Goss International Corporation (known as Goss Graphics Systems Inc.
during the period of the 2002 Sunset Review) (Goss) submitted case
briefs in response to the Department's preliminary results. TKS and
Goss submitted rebuttal comments on December 11, 2006. We held a public
hearing on December 18, 2006.
On January 24, 2007, the Court of International Trade (CIT) issued
its decision in Tokyo Kikai Seisakusho, Ltd. v. United States, 473 F.
Supp. 2d 1349, 1364 (Ct. Int'l Trade 2007), and ordered the Department
to ``discontinue any action in regard to a reconsideration'' of the
sunset review. In accordance with that decision, the Department
discontinued action with respect to its reconsideration of the sunset
review. See Large Newspaper Printing Presses and Components Thereof,
Whether Assembled or Unassembled, from Japan: Discontinuation of
Reconsideration of Sunset Review, 72 FR 9730 (March 5, 2007).
On June 17, 2008, the Court of Appeals for the Federal Circuit
(CAFC) reversed the CIT's decision directing the Department to
discontinue its sunset review reconsideration. The CAFC held that the
issue was not ripe for judicial review and that the CIT erred in
finding that the Department's stated intention to reopen the sunset
review proceeding (in the context of the March 2006 changed
circumstances review final results) was final agency action. See Tokyo
Kikai Seisakusho, Ltd. v. United States, 529 F.3d 1352 (Fed. Cir.
2008). Accordingly, the Department resumed its reconsideration of the
sunset review. See Large Newspaper Printing Presses and Components
Thereof, Whether Assembled or Unassembled, from Japan: Resumption of
Reconsideration of Sunset Review, 73 FR 57059 (October 1, 2008).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this sunset review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memo) to David M. Spooner, Assistant Secretary
for Import Administration, which is hereby adopted and incorporated by
reference into this notice. Parties can find a discussion of the issues
raised for the final results of this reconsideration of the sunset
review and the corresponding recommendations in this public memorandum,
which is on file in the Central Records Unit, room 1117 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.
Final Results of Review
We determine 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:
------------------------------------------------------------------------
Weighted-
Manufacturers/Producers/Exporters Average Margin
(Percent)
------------------------------------------------------------------------
Mitsubishi Heavy Industries, Ltd....................... 59.67
Tokyo Kikai Seisakusho, Ltd............................ 51.97
All Others............................................. 55.05
------------------------------------------------------------------------
This notice serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This reconsideration of sunset review and notice are in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: November 6, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-26987 Filed 11-12-08; 8:45 am]
BILLING CODE 3510-DS-S
