Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan

DEPARTMENT OF COMMERCE

[A-588-837]

Notice of Antidumping Duty Order and Amended Final Determination

of Sales at Less Than Fair Value: Large Newspaper Printing Presses and

Components Thereof, Whether Assembled or Unassembled, from Japan

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: September 4, 1996.

FOR FURTHER INFORMATION CONTACT: William Crow at (202) 482-0116 or

Irene Darzenta at (202) 482-6320, Office of Antidumping/Countervailing

Duty Enforcement, Import Administration, International Trade

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

Constitution Avenue, N.W., Washington, D.C. 20230.

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 by the Uruguay

Round Agreements Act (URAA).

Amended Final Determination

In accordance with section 735(a) of the Tariff Act of 1930, as

amended (the Act), on July 15, 1996, the Department made its final

determination that large newspaper printing presses (LNPPs) and

components thereof from Japan are being, or are likely to be, sold in

the United States at less than fair value (61 FR 38139, July 23, 1996).

Subsequent to the final determination, on July 27, 1996, we received a

submission, timely filed pursuant to 19 CFR 353.28(b), from Mitsubishi

Heavy Industries Ltd. (MHI), alleging ministerial errors in the

Department's final determination. We also received comments from the

petitioner rebutting MHI's allegations on August 2, 1996.

We determine, in accordance with 19 CFR 353.28(d), that ministerial

errors were made in our margin calculations for MHI. Specifically, we

inadvertently: (1) overstated the amount of the outstanding payment on

the Guard sale in our calculations; (2) did not take into account the

reduction in the sales price for the outstanding payment in the

calculation of imputed credit; (3) incorporated the total costs from

our preliminary determination imputed interest schedules instead of our

final determination interest schedules in the calculation of imputed

interest on SG&A; and (4) included the interest income associated with

the commission on the Guard sale in the schedule of payments used in

the calculation of imputed credit, while we excluded this amount from

the commission deducted from the constructed export price. For a

detailed discussion of the above-cited ministerial errors and the

Department's analysis, see Memorandum from The Team to Susan Kuhbach,

dated August 12, 1996. In accordance with 19 CFR 353.28(c), we are

amending the final determination of the antidumping duty investigation

of LNPPs from Japan to correct these ministerial errors. The revised

final weighted-average dumping margins are as follows:

------------------------------------------------------------------------

Original Revised

Manufacturer/producer exporter margin margin

percentage percentage

------------------------------------------------------------------------

Mitsubishi Heavy Industries, Ltd................ 62.96 62.26

Tokyo Kikai Seisakusho, Ltd..................... 56.28 56.28

All Others...................................... 58.97 58.69

------------------------------------------------------------------------

Scope of Order

The products covered by this investigation 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.

[[Page 46622]]

In addition to press systems, the scope of this investigation

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, 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 this investigation. 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 this investigation, the following definitions apply

irrespective of any different definition that may be found in Customs

rulings, U.S. Customs law or the HTSUS: 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 this investigation. 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.

Further, this investigation 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 this investigation 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 this investigation is dispositive.

Antidumping Duty Order

On August 28, 1996, the U.S. International Trade Commission (ITC)

notified the Department of its final determination, pursuant to section

735(b)(1)(A)(ii) of the Act, that an industry in the United States is

threatened with material injury by reason of imports of the subject

merchandise from Japan. The ITC did not determine, pursuant to section

735(b)(4)(B) of the Act, that, but for the suspension of liquidation of

entries of the subject merchandise, the domestic industry would have

been materially injured.

When the ITC finds threat of material injury, and makes a negative

``but for'' finding, the ``Special Rule'' provision of section

736(b)(2) applies. Therefore, only unliquidated entries of LNPP from

Japan entered or withdrawn from warehouse, for consumption on or after

the date on which the ITC published its notice of final determination

of threat of material injury in the Federal Register are liable for the

assessment of antidumping duties.

Accordingly, the Department will direct the Customs Service to

terminate the suspension of liquidation of entries of LNPP imported

from Japan, entered or withdrawn from warehouse, for consumption before

the date on which the ITC published its notice of final determination

of threat of material injury in the Federal Register, and to release

any bond or other security, and refund any cash deposit, posted to

secure the payment of estimated antidumping duties with respect to

these entries.

In accordance with section 736(a)(1) of the Act, the Department

will direct U.S. Customs officers to assess, upon further advice by the

administering authority, antidumping duties equal to the amount by

which the normal value of merchandise exceeds constructed export price

of all relevant entries of LNPP from Japan. U.S. Customs officers must

require, at the same time as importers would normally deposit estimated

duties on this merchandise, a cash deposit equal to the estimated

weighted-average antidumping duty margins noted below. The ``All

Others'' rate listed applies to all Japanese exporters of LNPP not

specifically listed below.

The ad valorem weighted-average dumping margins are as follows:

------------------------------------------------------------------------

Revised

Manufacturer/producer/exporter margin

percentage

------------------------------------------------------------------------

Mitsubishi Heavy Industries, Ldt............................ 62.26

Tokyo Kikai Seisakusho, Ltd................................. 56.28

All Others.................................................. 58.69

------------------------------------------------------------------------

This notice constitutes the antidumping duty order with respect to

LNPPs from Japan, pursuant to section 736(a) of the Act. Interested

parties may contact the Central Records Unit, Room B-099 of the Main

Commerce Building, for copies of an updated list of antidumping duty

orders currently in effect.

This order is published pursuant to section 736(a) of the Act (19

USC 1673e(a)) and 19 CFR 353.21.

Dated: August 30, 1996.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 96-22677 Filed 9-3-96; 8:45 am]

BILLING CODE 3510-DS-P