Portable Electric Typewriters From Japan; Final Results of Changed Circumstances Antidumping Duty Administrative Review; Revocation of Order

DEPARTMENT OF COMMERCE

A-588-087

Portable Electric Typewriters From Japan; Final Results of

Changed Circumstances Antidumping Duty Administrative Review;

Revocation of Order

AGENCY: International Trade Administration/Import Administration,

Department of Commerce.

ACTION: Notice of final results of Changed Circumstances Antidumping

Duty Administrative Review; Revocation of Order.

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SUMMARY: On March 24, 1994, the Department of Commerce published the

Notice of Initiation of Changed Circumstances Antidumping Duty

Administrative Review, Consideration of Revocation of Order,

Preliminary Results of Changed Circumstances Antidumping Duty

Administrative Review, and Intent to Revoke Order on portable electric

typewriters from Japan (59 FR 13932). We have completed this review and

are revoking the antidumping duty order on PETs from Japan.

EFFECTIVE DATE: May 2, 1994.

FOR FURTHER INFORMATION CONTACT: Thomas Prosser or Wendy J. Frankel,

Office of Antidumping Compliance, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-

1130 and 482-0367, respectively.

SUPPLEMENTARY INFORMATION:

Background:

On May 9, 1980, the Department of Commerce (the Department)

published in the Federal Register (53 FR 40926) an antidumping duty

order on Portable Electric Typewriters (PETs) from Japan (the order).

On February 15, 1994, Smith Corona Corporation (Smith Corona), the

petitioner in the underlying less-than-fair-value (LTFV) investigation,

submitted a request for a changed circumstances administrative review

and revocation of the order based on the represented fact that the

order no longer is of interest to the domestic interested parties.

Smith Corona submitted this request contingent upon termination of the

suspended antidumping investigation on portable electric typewriters

from Singapore (A-559-806). Smith Corona also made representations that

other U.S. producers and potential U.S. producers of this merchandise

(Nakajima All Manufacturing Limited, Canon Business Machines, and

Brother Industries (USA), Inc.) consented to revocation of the order.

On March 24, 1994, the Department published the Notice of

Initiation of Changed Circumstances Antidumping Duty Administrative

Review, Consideration of Revocation of Order, Preliminary Results of

Changed Circumstances Antidumping Duty Administrative Review, and

Intent to Revoke Order on PETs from Japan (59 FR 13932). In that notice

the Department preliminarily determined that the order no longer is of

interest to domestic interested parties and notified the public of its

intent to revoke the order. The Department gave interested parties an

opportunity to comment on the preliminary results and none of the

interested parties commented. On April 8, 1994, Brother Industries

(USA) Inc., the petitioner in the investigation of portable electric

typewriters from Singapore (A-559-806), submitted its request, pursuant

to 19 CFR 353.17(a), to terminate the suspended investigation in that

case. A notice of such termination will be published simultaneously

with this notice.

Scope of Review

The scope of the order covers PETs, automatic PETs (PATs), PETs

incorporating a calculating mechanism, and certain personal word

processors (PWPs). On August 7, 1990, in Preliminary Scope Ruling;

Portable Electric Typewriters from Japan (55 FR 32107), the Department

clarified the scope of the order, ruling that ``* * * certain later-

developed PETS, including so-called `personal word processors' are

presumptively of the same class or kind as PETs within the scope of the

order * * *.'' The Department determined that to be of the same class

or kind as a PET, a typewriter must meet the following seven physical

criteria:

(1) Be easily portable, with a handle and/or carrying case, or

similar mechanism to facilitate portability;

(2) Be electric, regardless of source of power;

(3) Be comprised of a single, integrated unit;

(4) Have a keyboard embedded in the chassis or frame of the

machine;

(5) Have a built-in printer;

(6) have a platen (roller) to accommodate paper; and

(7) Only accommodate its own dedicated or captive software. The

final scope ruling was published on November 13, 1990 (55 FR 47358).

PETs, PATs, and certain PWPs are currently classifiable under

Harmonized Tariff Schedule (HTS) item numbers 8469.10.00, 8469.21.00,

and 8469.29.00. The HTS subheadings are provided for convenience and

Customs purposes. Our written description of the scope of this order is

dispositive.

This changed circumstance administrative review covers all

manufacturers/exporters of PETs and PATs, and PETs incorporating a

calculating mechanism manufactured in Japan, and all manufacturers/

exporters of those PWPs falling within the scope of the PETs order that

are manufactured in Japan.

Final Results of Changed Circumstances Antidumping Duty Administrative

Review, Revocation of Order

Pursuant to section 751(c) of the Tariff Act of 1930, as amended

(the Act), the Department may revoke an antidumping duty order if the

Department determines, based on a review under section 751(b)(1) of the

Act, that changed circumstances exist sufficient to warrant revocation.

Section 751(b)(1) of the Act requires a changed circumstances review to

be conducted upon receipt of a request containing sufficient

information concerning changed circumstances.

Section 353.25(d)(2) of the Department's regulations permits the

Department to conduct an administrative review under Sec. 353.22(f)

based upon an affirmative statement of no interest from the petitioner

in the proceeding. Sec. 353.25(d)(1)(i) further provides that if the

Department determines that the order under review is no longer of

interest to domestic interested parties, the Department may revoke the

antidumping duty order.

In accordance with sections 751(b)(1) and (c) of the Act and 19 CFR

353.25(d) and 353.22(f), based upon the facts of this case and the fact

that none of the interested parties objected to or otherwise commented

on our preliminary results, we have determined that the order no longer

is of interest to domestic interested parties. The Department

determines that the requirement for revocation based on the changed

circumstance that the order no longer is of interest to domestic

interested parties has been met. Therefore, we are hereby revoking the

antidumping duty order on PETs from Japan.

The Department is terminating the administrative reviews covering

the following periods: May 1, 1990, through April 30, 1991 (initiated

on June 18, 1991 (56 FR 27943)); May 1, 1991, through April 30, 1992

(initiated on June 18, 1992 (57 FR 27212)); and May 1, 1992, through

April 30, 1993 (initiated on June 25, 1993 (58 FR 34414)).

For all companies for which an administrative review has been

requested but not completed, the effective date of revocation will be

May 1, 1990. May 1, 1990, is the first day after the most recent period

for which an administrative review has been completed for all of these

companies. For all other companies subject to this antidumping duty

order, the effective date of revocation will be May 1, 1993. May 1,

1993, is the first day for which automatic liquidation instructions

have not been issued for these other companies. We will instruct the

U.S. Customs Service to liquidate all entries of subject merchandise in

accordance with the above effective dates of revocation. We will

instruct the U.S. Customs Service to refund with interest any estimated

antidumping duties collected with respect to entries made on or after

May 1, 1990, for which a review has been requested but not completed,

and we will instruct the U.S. Customs Service to refund with interest

any estimated antidumping duties collected on or after May 1, 1993,

with respect to all other entries made.

This administrative review, revocation, and notice are in

accordance with sections 751(b)(1) and (c) of the Act and

Secs. 353.22(f) and 353.25(d) of the Department's regulations.

Dated: April 22, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-10452 Filed 4-29-94; 8:45 am]

BILLING CODE 3510-DS-P