Roller Chain, Other Than Bicycle From Japan: Initiation and Preliminary Results of Changed Circumstances Review and Intent To Revoke Finding, Rescission of Antidumping Duty Administrative Reviews, and Termination of Scope Inquiry

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-028]

Roller Chain, Other Than Bicycle From Japan: Initiation and

Preliminary Results of Changed Circumstances Review and Intent To

Revoke Finding, Rescission of Antidumping Duty Administrative Reviews,

and Termination of Scope Inquiry

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed

circumstances review and intent to revoke finding, rescission of

antidumping administrative reviews, and termination of scope inquiry.

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SUMMARY: In response to a request from the petitioner, the American

Chain Association (``ACA''), the Department of Commerce (``the

Department'') is initiating a changed circumstances review and issuing

this notice of preliminary changed circumstances review results and

intent to revoke the antidumping finding on roller chain from Japan.

Moreover, because the petitioner is no longer interested in maintaining

the finding after April 1, 1997, we have preliminarily determinated to

revoke the finding retroactive to this date. In addition, in response

to the petitioner's and respondents' withdrawal requests for the

ongoing 1997-1998 and 1998-1999 administrative reviews, the Department

is rescinding these administrative reviews of the finding. Finally, we

are terminating a scope inquiry associated with the 1997-1998 Sugiyama

Chain Company, Ltd., administrative review.

EFFECTIVE DATE: October 27, 1999.

FOR FURTHER INFORMATION CONTACT: Zev Primor or Tom Futtner, AD/CVD

Enforcement Group II, Office 4, Import Administration-Room B099,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202) 482-4114 or (202) 482-3814, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (``the Act''), are references to the provisions

effective January 1, 1995, the effective date of the amendments made to

the Act by the Uruguay Round Agreements Act (URAA). In addition, unless

otherwise indicated, all citations to the Department's regulations are

to the regulations codified at 19 CFR Part 351 (April 1998).

Background

On October 13, 1999, the ACA requested that the Department conduct

a changed circumstances review to revoke the antidumping finding on

roller chain from Japan retroactive to April 1, 1997. The petitioner

stated that circumstances have changed such that the petitioner no

longer has an interest in maintaining the antidumping finding.

Additionally, the petitioner indicated that it represents virtually all

roller chain producers in the United States accounting for over 90

percent of the U.S. roller chain production.

[[Page 57864]]

The petitioner also requested that, given the pendency of the

ongoing administrative review of the finding, the Department initiate

and complete the changed circumstances review on an expedited basis.

Futhermore, on October 13, 1999, the petitioner filed a withdrawal

of its request for administrative reviews covering the periods of April

1, 1997, through March 31, 1998, and April 1, 1998, through March 31,

1999. Between October 14-18, 1999, Daido Kogyo Company, Ltd. Daido

Tsusho Company, Ltd, Daido Corporation, Enuma Chain Manufacturing

Company, Sugiyama Chain Company, Ltd., Izumi Chain Manufacturing

Company, Ltd., Oriental Chain Company, R.K. Excel Company, Ltd., and

Tsubakimoto Chain Company, Ltd., the respondents in this proceeding,

also filed a withdrawal of their requests for administrative reviews

covering the above-mentioned periods. Additionally, Sugiyama Chain

Company, Ltd., requested a termination of a scope inquiry associated

with its 1997-1998 administrative review. Given that the petitioner's

and respondents' withdrawal and rescission requests were filed after

the 90-day period for withdrawing a request for a review, the parties

asked the Department to exercise its regulatory discretion under 19 CFR

351.213(d)(1) to rescind the above-mentioned reviews.

Scope of Review

The merchandise subject to this review is roller chain, other than

bicycle, from Japan. The term ``roller chain, other than bicycle,'' as

used in this review, includes chain, with or without attachments,

whether or not plated or coated, and whether or not manufactured to

American or British standards, which is used for power transmissions

and/or conveyance. This chain consists of a series of alternately-

assembled roller links and pin links in which the pins articulate

inside from the bushings and the rollers are free to turn on the

bushings. Pins and bushings are press fit in their respective link

plates. Chain may be single strand, having one row of roller link, or

multiple strand of roller links. Such chain may be either single or

double pitch and may be used as power transmission or conveyor chain.

This review also covers leaf chain, which consists of a series of link

plates alternately assembled with pins in such a way that the joint is

free to articulate between adjoining pitches. This review further

covers chain model numbers 25 and 35. Roller chain is currently

classified under the Harmonized Tariff Schedule of the United States

(HTSUS) subheading 7315.11.00 through 7619.90.00. Although the HTSUS

subheadings are provided for convenience and Customs purposes, the

written description remains dispositive.

On March 24, 1998, the Department determined that certain models of

silent timing chain produced and exported by Kaga for use in

automobiles are outside the scope of the antidumping finding. (See

Final Scope Ruling: Kaga's Request for Scope Ruling on Automotive

Silent Timing Chain, March 24, 1998, on file in the Central Records

Unit (CRU) in room B-099 of the Main Commerce Building).

Initiation and Preliminary Results of Changed Circumstances Review

and Intent To Revoke Finding

Pursuant to section 751(d)(1) of the Act, the Department may

revoke, in whole or in part, an antidumping findings based on a review

under section 751(b) of the Act (i.e., changed circumstances review).

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.

The Department's regulations at 19 CFR 351.216(d) require the

Department to conduct a changed circumstances review in accordance with

19 CFR 351.221, if the Department determines that there exist changed

circumstances sufficient to warrant a review. Section 782(h) of the Act

and 19 CFR 351.222(g)(10(i) provide further that the Department may

revoke a finding, in whole or in part, if it concludes that the finding

under review is no longer of interest to producers accounting for

substantially all of the production of the domestic like product. In

addition, in the event that the Department concludes that expedited

action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to

combine the notices of initiation and preliminary results.

The ACA is a domestic interested party as defined by section

771(9)(E) of the Act and 19 CFR 351.102(b) and was the petitioner in

the less-than-fair-value (``LTFV'') investigation of this proceeding.

Based on the ACA's October 13, 1999, submission, we preliminarily

determine that the ACA represents producers accounting for

substantially all of the production of the domestic like product. In

light of the affirmative statement by the ACA of no interest in the

continued application of the antidumping finding on roller chain from

Japan, we are initiating this changed circumstances review. Further,

based on the request by the petitioner and its affirmative statement of

no interest dating back to April 1, 1997, we have determined that

expedited action is warranted, and have combined our notices of

initiation and preliminary results. Moreover, we have preliminarily

determined that there are changed circumstances sufficient to warrant

revocation of the finding in whole. Consequently, we are hereby

notifying the public of our intent to revoke in whole the antidumping

finding on roller chain from Japan retroactive to April 1, 1997.

If final revocation of the finding occurs, we intend to instruct

the Customs Service to end the suspension of liquidation and to refund

any estimated antidumping duties collected for all unliquidated entries

of roller chain from Japan on or after April 1, 1997, in accordance

with 19 CFR 351.222(g)(4). We will also instruct the Customs Service to

pay interest on such refunds in accordance with section 778 of the Act.

The current requirement for a cash deposit of estimated antidumping

duties will continue until publication of the final results of this

changed circumstances review.

Rescission of Administrative Reviews and Scope Inquiry

On October 13, 1999, and between October 14-18, 1999, respectively,

the petitioner and respondents withdrew their requests for

administrative reviews for the periods April 1, 1997, through March 31,

1998 and April 1, 1998 through March 31, 1999. These withdrawal

requests cover all requests received for administrative reviews during

the 1997-1998 and 1998-1999 review segments. In accordance with 19 CFR

351.213(d)(1), we are rescinding these reviews because the parties

withdrew their requests for reviews and no other interested party

requested that the Japanese respondents be reviewed. Although parties

to the proceeding did not file their withdrawal requests within 90 days

of the publication of initiation of the requested review, we are

exercising the Department's discretion to rescind a review after 90

days because it is reasonable to do so. In this case, the petitioner

concomitantly has filed a request for a changed circumstances review

and revocation of the finding based on a lack of domestic interest

dating back to April 1, 1997, the month the requests were filed for the

1997-1998 administrative review. Given the lack of domestic interest

prior to the date of initiatives of the 1997-1998 review, we have

determined that it is reasonable to rescind both reviews based on the

petitioner's and respondents' requests for terminations of these

reviews. Finally, we are

[[Page 57865]]

terminating a scope inquiry associated with the 1997-1998

administrative review of Sugiyama Chain Company, Ltd.

Public Comment

Any interested party may request a hearing within 10 days 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.

Written comments from interested parties may be submitted not later

than 14 days after the date of publication of this notice. Rebuttal

comments to written comments, limited to 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 351.303. 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 notice is in accordance with section 751(b)(1) of the Act and

19 CFR 351.216 and 351.222.

Dated: October 21, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-28061 Filed 10-26-99; 8:45 am]

BILLING CODE 3510-DS-M