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 Germany

DEPARTMENT OF COMMERCE

[A-428-821]

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 Germany

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 Germany is being, or is likely to be, sold in

the United States at less than fair value (61 FR 38166, July 23, 1996).

Subsequent to the final determination, on July 29, 1996, we received a

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

petitioner, alleging ministerial errors in the Department's final

determination. We also received such allegations from MAN Roland

Druckmaschinen AG (MRD) on August 5, 1996. In addition, we received

comments from the petitioner rebutting MRD's allegations on August 12,

1996.

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

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

failed to exclude from our calculations for the Fargo and Global sales,

certain non-subject parts (i.e., imported parts which did not

constitute at least 50 percent of the cost of manufacture of the LNPP

component of which they are a part). We also incorrectly calculated the

indirect selling expenses incurred in Germany for the Global sale. For

a detailed discussion of the above-cited ministerial errors and the

Department's analysis, see Memorandum for Susan Kuhbach from Neal

Halper, et al., dated August 15, 1996. In accordance with 19 CFR

353.28(c), we are amending the final determination of the antidumping

duty investigation of LNPPs from Germany to correct these ministerial

errors. The revised final weighted-average dumping margins are as

follows:

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

Original Revised

Manufacturer/producer exporter margin margin

percentage percentage

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

MAN Roland Druckmaschinen AG.................... 30.80 30.72

Koenig Bauer-Albert AG.......................... 46.40 46.40

All Others...................................... 30.80 30.72

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

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.

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

[[Page 46624]]

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 Germany. 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

Germany 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 Germany, 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 Germany. 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 German exporters of LNPP not

specifically listed below.

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

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

Revised

Manufacturer/producer/exporter margin

percentage

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

MAN Roland Druckmaschinen AG................................ 30.72

Koenig Bauer-Albert AG...................................... 46.40

All Others.................................................. 3.72

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

Any securities posted on entries of elements relevant to MAN

Roland's Charlotte contract shall be refunded or canceled.

This notice constitutes the antidumping duty order with respect to

LNPPs from Germany, 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. 96-22678 Filed 9-3-96; 8:45 am]

BILLING CODE 3510-DS-P