[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Notices]
[Pages 66889-66890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30970]
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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