[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67131-67133]
From the Federal Register Online via the Government Publishing 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 http://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