Roller Chain, Other Than Bicycle, From Japan: Final Results of Changed Circumstances Review; Revocation of Finding

Federal RegisterNov 30, 1999

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-028]

Roller Chain, Other Than Bicycle, From Japan: Final Results of

Changed Circumstances Review; Revocation of Finding

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of changed circumstances review and

revocation of antidumping findings.

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SUMMARY: On October 27, 1999, the Department of Commerce (``the

Department'') published a notice of initiation of a changed

circumstances

[[Page 66890]]

review and preliminary results of review with intent to revoke the

antidumping finding on roller chain from Japan. We are now revoking

this finding, retroactive to April 1, 1997, based on the fact that

domestic parties no longer have interest in maintaining the antidumping

finding.

EFFECTIVE DATE: November 30, 1999.

FOR FURTHER INFORMATION CONTACT: Zev Primor on 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 petitioner, American Chain Association

(``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.

We preliminarily determined that the affirmative statement of no

interest by the ACA constituted changed circumstances sufficient to

warrant revocation of this finding. Consequently, on October 27, 1999,

we published a notice of initiation of a changed circumstances review

and preliminary results of review with intent to revoke the finding.

See 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 (64 FR 57863). We received no comments

from interested parties on the preliminary results of this changed

circumstances review.

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 links, or

multiple strand, having more than one row of roller links. The center

plates are located between the strands 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).

Final Results of Changed Circumstances Review; Revocation of

Finding

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

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

under section 751(b) of the Act (i.e., a 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)(1)(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.

The ACA is a domestic interested party as defined by section

771(9)(E) of the Act and 19 CFR 351.102(b). Furthermore, the ACA was

the petitioner in the less-than-fair-value (``LTFV'') investigation of

this proceeding and represents substantially all of the production of

the domestic like product. Based on the affirmative statement by the

ACA of no interest in the continued application of the finding and the

fact that no interested parties objected to or otherwise commented on

our preliminary results of this review, we determine that there are

changed circumstances sufficient to warrant revocation of the finding.

Therefore, the Department is revoking the antidumping finding on roller

chain from Japan, retroactive to April 1, 1997.

In accordance with 19 CFR 351.222(g)(4), we will instruct the

Customs Service to end suspension of liquidation and to refund any

estimated antidumping duties collected for all unliquidated entries of

roller chain from Japan made on or after April 1, 1997. We will also

instruct the Customs Service to pay interest on such refunds in

accordance with section 778 of the Act.

This notice is in accordance with sections 751(b)(1), 751(d) and

782(h) of the Act and 19 CFR 351.216 and 351.222.

Dated: November 19, 1999.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-30970 Filed 11-29-99; 8:45 am]

BILLING CODE 3510-05-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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