[Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)]
[Notices]
[Pages 57387-57389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28556]
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DEPARTMENT OF COMMERCE
[A-588-810]
Mechanical Transfer Presses From Japan; Preliminary Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of antidumping duty
administrative review; mechanical transfer presses from Japan.
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SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on mechanical
transfer presses (MTPs) from Japan in response to a request by
petitioners, Verson Division of Allied Products Corp., the United
Autoworkers of America, and the United Steelworkers of America (AFL-
CIO/CLC); and by respondent Aida Engineering, Ltd. (Aida). This review
covers shipments of this merchandise to the United States during the
period February 1, 1995 through January 31, 1996.
We have preliminarily determined that sales have not been made
below normal value (NV). If these preliminary results are adopted in
our final results, we will instruct U.S. Customs to liquidate entries
without regard to antidumping duties.
Interested parties are invited to comment on these preliminary
results. Parties who submit argument are requested to submit with each
argument (1) a statement of the issue and (2) a brief summary of the
argument.
EFFECTIVE DATE: November 6, 1996.
FOR FURTHER INFORMATION CONTACT: Elisabeth Urfer or Maureen Flannery,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington D.C. 20230; telephone (202) 482-4733.
Applicable Statute
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 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
Supplementary Information:
Background
The Department published in the Federal Register an antidumping
duty order on MTPs from Japan on February 16, 1990 (55 FR 5642). On
February 9, 1996, we published in the Federal Register (61 FR 4956) a
notice of opportunity to request an administrative review of the
antidumping duty order on MTPs from Japan covering the period February
1, 1995 through January 31, 1996.
In accordance with 19 CFR 353.22(a)(1)(1995), petitioners, Verson
Division of Allied Products Corp., the United Autoworkers of America,
and the United Steelworkers of America (AFL-CIO/CLC), requested that we
conduct a review of Ishikawajima-Harima Heavy Industries Co., Ltd.
(IHI) and Hitachi Zosen Corporation (Hitachi Zosen). Aida requested
that we conduct an administrative review of its subject merchandise. We
published a notice of initiation of this antidumping duty
administrative review on March 19, 1996 (61 FR 11184). The Department
is conducting this administrative review in accordance with section 751
of the Act.
Scope of Review
Imports covered by this review include MTPs currently classifiable
under Harmonized Tariff Schedule (HTS) item numbers 8462.99.0035 and
8466.94.5040. The HTS numbers are provided for convenience and for U.S.
Customs purposes. The written description remains dispositive of the
scope of the order.
The term ``mechanical transfer presses'' refers to automatic metal-
forming machine tools with multiple die stations in which the work
piece is moved from station to station by a transfer mechanism designed
as an integral part of the press and synchronized with the press
action, whether imported as machines or parts suitable for use solely
or principally with these machines. These presses may be imported
assembled or unassembled. This review does not cover certain parts and
accessories, which were determined to be outside the scope of the
order. (See ``Final Scope Ruling on Spare and Replacement Parts,'' U.S.
Department of Commerce, March 20, 1992; and ``Final Scope Ruling on the
Antidumping Duty Order on Mechanical Transfer Presses (MTPs) from
Japan: Request by Komatsu, Ltd.,'' U.S. Department of Commerce, October
1, 1996.)
This review covers three manufacturers/exporters of MTPs, and
[[Page 57388]]
the period February 1, 1995 through January 31, 1996.
Non-Shippers
IHI and Hitachi Zosen stated that they did not have shipments
during the period of review, and we confirmed these statements with the
United States Customs Service. Therefore, we are treating IHI and
Hitachi Zosen as non-shippers in this proceeding. IHI and Hitachi Zosen
will retain their rates from the last administrative review.
Export Price
For sales made by Aida we calculated an export price, in accordance
with section 772(a) of the Act, because the subject merchandise was
sold directly to the first unaffiliated purchasers in the United States
prior to importation into the United States, and constructed export
price was not otherwise indicated.
We calculated export price based on the delivered price to
unaffiliated purchasers. We made deductions for foreign inland freight
and insurance.
Normal Value
We preliminarily determine that the use of constructed value (CV)
is warranted to calculate NV for Aida, in accordance with section
773(a)(4) of the Act. While the home market is viable, the particular
market situation in this case, which requires that the subject
merchandise be built to each customer's specifications, does not permit
proper price-to price comparisons in either the home market or third
countries.
Aida asserts that its home, third country, and U.S. market products
are distinguished by the many differences in specifications between the
various presses, and that no merchandise sold in the home market or to
a third country is identical to the merchandise sold to the United
States. Aida argues that it is not possible to determine cost
differences because (1) there is no baseline specification for
comparison purposes; (2) the design of a press is dictated throughout
by the combination of specifications applicable to the press, and it is
not possible to isolate the cost effect of any single specification;
and (3) differences in cost between two presses result not only from
differences in specifications, but also from differences in material
costs, processing costs, fiscal periods, and production efficiency from
press to press. We note that in past proceedings involving large,
custom-built capital equipment, including prior reviews of this order,
we have normally resorted to CV. (See, e.g., Large Power Transformers
from France; Final Result of Antidumping Administrative Review, 61 FR
40403, August 2, 1996; Notice of Final Determination of Sales at Less
Than Fair Value: Large Newspaper Printing Presses and Components
Thereof, Whether Assembled or Unassembled, From Japan, 61 FR 38139,
July 23, 1996; and Mechanical Transfer Presses From Japan: Final
Results of Antidumping Duty Administrative Review, 61 FR 52910, October
9, 1996.)
For Aida, CV consists of the cost of materials and fabrication,
SG&A, profit, and packing. We calculated SG&A and profit based on home
market sales of MTPs in accordance with section 773(e)(2)(A) of the
Act. We used packing costs for merchandise exported to the United
States. We made a circumstance-of-sale adjustment by deducting from CV
home market direct selling expenses (i.e., warranties, commissions, and
credit), and adding to CV U.S. direct selling expenses (i.e.,
warranties, commissions, and credit).
Preliminary Results of the Review
We preliminarily determine that the following dumping margins
exist:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Time period (percent)
------------------------------------------------------------------------
Aida Engineering, Ltd................... 2/1/95-1/31/96 0.00
Ishikawajima-Harima Heavy Industries,
Ltd.................................... 2/1/95-1/31/96 \1\ 0.00
Hitachi Zosen Corporation............... 2/1/95-1/31/96 \1\ 0.00
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\1\ No shipments subject to this review. Rate is from the last relevant
segment of the proceeding in which the firm had shipments.
Parties to the proceeding may request disclosure within 5 days of
the date of publication of this notice. Any interested party may
request a hearing within 10 days of publication. Any hearing, if
requested, will be held 44 days after the publication of this notice,
or the first workday thereafter. Interested parties may submit case
briefs within 30 days of the date of publication of this notice.
Rebuttal briefs, which must be limited to issues raised in the case
briefs, may be filed not later than 37 days after the date of
publication. The Department will publish a notice of final results of
this administrative review, which will include the results of its
analysis of issues raised in any such comments.
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Upon completion
of this review, the Department will issue appraisement instructions
directly to the Customs Service.
Furthermore, the following deposit rates will be effective upon
publication of the final results of this administrative review for all
shipments of MTPs from Japan entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(2)(c) of the Act: (1) The cash deposit rate for reviewed
companies will be the rate established in the final results of this
review; (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
less-than-fair-value investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; and (4) for all other
producers and/or exporters of this merchandise, the cash deposit rate
shall be the rate established in the investigation of sales at less
than fair value, which is 14.51 percent.
These deposit rates, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 353.26 to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.
[[Page 57389]]
Dated: October 30, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-28556 Filed 11-05-96; 8:45 am]
BILLING CODE 3510-DS-P
