Portable Electric Typewriters from Japan; 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

DEPARTMENT OF COMMERCE

[A-588-087]

Portable Electric Typewriters from Japan; 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

AGENCY: International Trade Administration/Import Administration,

Department of Commerce.

ACTION: 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.

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EFFECTIVE DATE: March 24, 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 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).

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 System (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.

Initiation of Changed Circumstances Antidumping Duty Administrative

Review; Consideration of Revocation of Order; Preliminary Results

of Changed Circumstances Administrative Review; and Intent To

Revoke 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

administrative 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. Section 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 addition, in the event the Department

concludes that expedited action is warranted, Sec. 353.22(f)(4) of the

regulations permits the Department to combine the notices of initiation

and preliminary results.

Therefore, in accordance with sections 751 (b)(1) and (c) of the

Act and 19 CFR 353.25(d) and 353.22(f), based on an affirmative

statement of no interest in the proceeding by Smith Corona, the

Department is initiating this changed circumstances administrative

review. Further, based upon the facts of this case and on the

representations made by Smith Corona that other U.S. producers and

potential producers of this merchandise (Nakajima All Manufacturing

Limited, Canon Business Machines, and Brother Industries (USA), Inc.)

consent to revocation of the order, we have determined that expedited

action is warranted, and we have preliminarily determined that the

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

the Department concludes that expedited action is warranted, the

Department is combining these notices of initiation and preliminary

results.

The Department determines that there is a reasonable basis to

believe 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 notifying the

public of our intent to revoke the antidumping duty order on portable

electric typewriters from Japan.

In the event this revocation is made final, the Department will

terminate 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)).

In addition, in the event that this revocation is made final, the

following will take place. 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.

If final revocation occurs, we intend to 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 with respect to all entries made on or

after May 1, 1993.

The current requirement for a cash deposit of estimated antidumping

duties will continue until publication of the final results of this

changed circumstances review.

Public Comment

Any interested party may request a hearing within 10 days of the

date of publication of this notice. Any hearing, if requested, will be

held no later than 28 days after the date of publication of this

notice, or the first workday thereafter. Case briefs and/or written

comments from interested parties may be submitted not later than 14

days after the date of publication of this notice. Rebuttal briefs and

rebuttals to written comments, limited to the issues raised in those

comments, may be filed not later than 21 days after the date of

publication of this notice. All written comments shall be submitted in

accordance with 19 CFR 353.31(e) and shall be served on all interested

parties on the Department's service list in accordance with 19 CFR

353.31(g). Persons interested in attending the hearing should contact

the Department for the date and time of the hearing. The Department

will publish the final results of this changed circumstances review

including the results of its analysis of issues raised in any written

comments.

This initiation, preliminary results of review, intent to revoke,

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: March 16, 1994.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 94-6973 Filed 3-23-94; 8:45 am]

BILLING CODE 3510-DS-P