99-33976. Final Results of Expedited Sunset Reviews: Industrial Belts From Germany, Italy, Singapore, and Japan  

  • [Federal Register Volume 64, Number 250 (Thursday, December 30, 1999)]
    [Notices]
    [Pages 73511-73515]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-33976]
    
    
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    DEPARTMENT OF COMMERCE
    
    International Trade Administration
    [A-428-802; A-475-802; A-599-802; A-588-807]
    
    
    Final Results of Expedited Sunset Reviews: Industrial Belts From 
    Germany, Italy, Singapore, and Japan
    
    AGENCY: Import Administration, International Trade Administration, 
    Department of Commerce.
    
    ACTION: Notice of Final Results of Expedited Sunset Reviews: Industrial 
    Belts from Germany, Italy, Singapore, and Japan.
    
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    SUMMARY: On June 1, 1999, the Department of Commerce (``the 
    Department'') initiated sunset reviews of the antidumping duty orders 
    on industrial belts from Germany, Italy, Singapore, and Japan (64 FR 
    29261) pursuant to section 751(c) of the Tariff Act of 1930, as amended 
    (``the Act''). On the basis of notices of intent to participate and 
    adequate substantive comments filed on behalf of The Gates Rubber 
    Company, a domestic interested party, and inadequate response (in these 
    cases, no response) from respondent interested parties, the Department 
    determined to conduct expedited reviews. As a result of these reviews, 
    the Department finds that revocation of the antidumping duty orders 
    would be likely to lead to continuation or recurrence of dumping at the 
    levels indicated in the Final Results of Reviews section of this 
    notice.
    
    FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or Melissa G. 
    Skinner, Office of Policy for Import Administration, International 
    Trade Administration, U.S. Department of Commerce, 14th Street and 
    Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-
    1698 or (202) 482-1560, respectively.
    
    EFFECTIVE DATE: December 30, 1999.
    
    Statute and Regulations
    
        These reviews were conducted pursuant to sections 751(c) and 752 of 
    the Act. The Department's procedures for the conduct of sunset reviews 
    are set forth in Procedures for Conducting Five-year (``Sunset'') 
    Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
    (March 20, 1998) (``Sunset Regulations''), and in 19 CFR Part 351 
    (1999) in general. Guidance on methodological or analytical issues 
    relevant to the Department's conduct of sunset reviews is set forth in 
    the Department's Policy Bulletin 98:3--Policies Regarding the Conduct 
    of Five-year (``Sunset'') Reviews of Antidumping and Countervailing 
    Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998), (``Sunset 
    Policy Bulletin'').
    
    Scope
    
        The merchandise covered by the antidumping duty orders on Germany 
    and Japan includes industrial belts other than V-belts and synchronous 
    belts used for power transmission, in part or wholly of rubber or 
    plastic, and containing textile fiber (including glass fiber) or steel 
    wire, cord or strand, and whether in endless (i.e., closed loops) 
    belts, or in belting in lengths or links from Germany and Japan.\1\ The
    
    [[Page 73512]]
    
    antidumping duty order on imports from Italy covers industrial V-belts 
    and synchronous belts and components used for power transmission, in 
    part or wholly of rubber or plastic, and containing textile fiber 
    (including glass fiber) or steel wire, cord or strand, and whether in 
    endless (i.e., closed loops) belts, or in belting in lengths or 
    links.\2\ The antidumping duty order on imports from Singapore includes 
    industrial V-belts used for power transmission. These include 
    industrial V-belts, in part or wholly of rubber or plastic, and 
    containing textile fiber (including glass fiber) or steel wire, cord or 
    strand, and whether in endless (i.e., closed loops) belts, or in 
    belting in lengths or links.\3\
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        \1\ See Antidumping Duty Order of Sales at Less Than Fair Value; 
    Industrial Belts and Components and Parts Thereof, Whether Cured or 
    Uncured, From the Federal Republic of Germany (54 FR 25316, March 
    17, 1991), and Antidumping Duty Order of Sales at Less Than Fair 
    Value; Industrial Belts and Components and Parts Thereof, Whether 
    Cured or Uncured, From Japan, 54 FR 25314 (June 14, 1989).
        \2\ See Antidumping Duty Order of Sales at Less Than Fair Value; 
    Industrial Belts and Components and Parts Thereof, Whether Cured or 
    Uncured, From Italy, 54 FR 25313 (June 14, 1989).
        \3\ See Antidumping Duty Order of Sales at Less Than Fair Value; 
    Industrial Belts and Components and Parts Thereof, Whether Cured or 
    Uncured, From Singapore, 54 FR 25315 (June 14, 1989).
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        The above orders exclude conveyor belts and automotive belts as 
    well as front engine drive belts found on equipment powered by internal 
    combustion engines, including trucks, tractors, buses, and lift truck.
        The subject merchandise was classifiable under Tariff Schedules of 
    the United States Annotated (``TSUSA'') item numbers 358.0210, 
    358.0290, 358.0610, 358.0690, 358.0800, 358.0900, 358.1100, 358.1400, 
    358.1600, 657.2520, 773.3510, and 773.3520 in the orders for all four 
    countries. Currently, subject merchandise is classifiable under item 
    numbers 3926.90.55, 3926.90.56, 3926.90.57, 3926.90.59, 3926.90.60, 
    4010.10.10, 4010.10.50, 4010.91.11, 4010.91.15, 4010.91.50, 4010.99.11, 
    4010.99.15, 4010.99.19, 4010.99.50, 5910.00.10, 5910.00.90 and 
    7326.20.00 of the Harmonized Tariff Schedule of the United States 
    (``HTSUS'').\4\
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        \4\ Subject merchandise from Germany excludes item numbers 
    3926.90.55, 4010.10.10, and 4010.10.50; subject merchandise from 
    Singapore excludes item numbers 3926.90.56, 3926.90.57, 3926.90.59, 
    3926.90.60, 4010.91.11, 4010.91.15, 4010.91.19, 4010.99.11, 
    4010.99.15, 4010.99.19, and 4010.99.50.
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        In its substantive response, The Gates Rubber Company (``Gates'') 
    asserts that the HTSUS subheadings of Chapter 40 were significantly 
    revised in 1996, and, as a result, the products covered by the orders 
    became classifiable under HTSUS numbers 3626.90.55, 3926.90.56, 
    3926.90.57, 3926.90.59, 3926.90.60, 4010.21.30, 4010.21.60, 4010.22.30, 
    4010.22.60, 4010.23.30, 4010.23.41, 4010.23.45, 4010.23.50, 4010.23.90, 
    4010.24.30, 4010.24.41, 4010.24.45, 4010.24.50, 4010.24.90, 4010.29.10, 
    4010.29.20, 4010.29.30, 4010.29.41, 4010.29.45, 4010.29.50, 4010.29.90, 
    5910.00.10, 5910.00.90, and 7326.20.00.\5\ U.S. Customs officials 
    confirmed the accuracy of the HTSUS numbers for subject merchandise 
    suggested by Gates.\6\ However, the above HTSUS and TSUSA subheadings 
    are provided for convenience and customs purposes and the written 
    description remains dispositive.
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        \5\ According to Gates, subject merchandise from Germany 
    excludes item numbers 3926.90.55, 4010.21.30, 4010.21.60, 
    4010.22.30, 4010.22.60, 4010.23.30, 4010.23.41, 4010.23.45, 
    4010.23.50, 4010.23.90, 4010.24.30, 4010.24.41, 4010.24.45, 
    4010.24.50, 4010.24.90, 4010.29.10, and 4010.29.20 (see July 1, 
    1999, Substantive Response of Gates at 3); and subject merchandise 
    from Singapore excludes item numbers 3926.90.56, 3926.90.57, 
    3926.90.59, 4010.23.30, 4010.23.41, 4010.23.45, 4010.23.50, 
    4010.23.90, 4010.24.30, 4010.24.41, 4010.24.45, 4010.24.50, 
    4010.24.90, 4010.29.30, 4010.29.41, 4010.29.45, 4010.29.50, 
    4010.29.90 for imports (see July 1, 1999, Substantive Response of 
    Gates at 3).
        \6\ See Memo to File of telephone conversation with George 
    Barthes, U.S. Customs official, regarding new HTSUS numbers for 
    industrial belts.
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        The Department has made the following scope rulings for the orders 
    on imports from Germany, Italy, and Japan:
        With respect to the order on subject imports from Germany, the 
    Department's sole administrative review clarified that the scope of the 
    order includes round belts and flat belts (56 FR 9672, March 7, 1991). 
    Additionally, the Department determined in a 1991 scope ruling, that 
    the scope of the order includes nylon core flat belts and excludes 
    spindle belting.\7\
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        \7\ See Scope Rulings, 56 FR 57320 (November 8, 1991).
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        With respect to the order on subject imports from Italy, the 
    Department, in the February 24, 1993, Scope Ruling, determined that 
    ``Panther'' industrial belts from Pirelli Power Corp. are within the 
    scope of the order (58 FR 11209).
        With respect to the order on subject imports from Japan, the 
    Department has made several scope rulings. The following products were 
    determined within the scope of the order:
    
    ----------------------------------------------------------------------------------------------------------------
             Product within scope                     Importer                             Citation
    ----------------------------------------------------------------------------------------------------------------
    V-volt model 5L118...................  Japan Freight Consolidators    57FR 16602 (May 7, 1992).
                                            (Calif.) Inc..
    Closed loop synthetic timing belt      Tower Group International,     58 FR 47124 (September 7, 1993).
     used in the Epson LX-800 desk-top      Inc. and Epson America, Inc.
     personal computer printer.
    ----------------------------------------------------------------------------------------------------------------
    
        The following products were determined to be not within the scope 
    of the order:
    
    ----------------------------------------------------------------------------------------------------------------
            Product outside scope                     Importer                             Citation
    ----------------------------------------------------------------------------------------------------------------
    59011 series of belts................  Kawasaki Motors Corp., USA...  57 FR 19692 (May 7, 1992).
    Certain round and flat belts which     Matsushita Electric Corp.,     57 FR 57420 (December 4, 1992).
     are composed of rubber or plastics     Matsushita Floor Care
     but are not reinforced with a          Company and Panasonic
     tensile member.                        Company.
    Conveyor Belts of five-series          Nitta Industries Corp., and    58 FR 59991 (November 12, 1993).
     comprised of 30 models.                Nitta International, Inc.
    Eight-drive and blade belts..........  Honda Power Equipment          62 FR 30569 (June 4, 1997).
                                            Manufacturing Inc.
    Twenty-two drive and blade belts.....  American Honda Motor Co......  62 FR 30569 (June 4, 1997).
    ----------------------------------------------------------------------------------------------------------------
    
    
    [[Page 73513]]
    
    History of the Orders
    
    Germany
    
        In the original investigation, covering the period January 1, 1998, 
    through June 30, 1988, the Department determined the dumping margins to 
    be 100.60 percent ad valorem for Optibelt Corporation (``Optibelt''), 
    the Germany company investigated, and ``all others'' (54 FR 15505, 
    April 18, 1989).
        Since the issuance of the order, there has been one administrative 
    review, covering the period February 1, 1989, through May 31, 1990, in 
    which the Department determined a dumping margin of 100.60 percent ad 
    valorem for Volkmann GmbH (``Volkmann''), the German respondent subject 
    to the review.\8\
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        \28\ See Industrial Belts and Components and Parts Thereof, 
    Whether Cured or Uncured, from the Federal Republic of Germany; 
    Final Results of an Antidumping Administrative Review, 56 FR 9672 
    (March 7, 1991).
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    Italy
    
        In the original investigation, covering the period January 1, 1988, 
    through June 30, 1998, the Department determined a dumping margin of 
    74.90 percent ad valorem percent for Pirelli Trasmissioni Industriali, 
    S.p.A. (``Pirelli''), and ``all others.'' \9\
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        \9\ See Industrial Belts and Components and Parts Thereof, 
    Whether Cured or Uncured, from Italy; Amendment of Final Results of 
    an Antidumping Administrative Review, 57 FR 32196 (July 21, 1992).
    ---------------------------------------------------------------------------
    
        There have been two administrative reviews of this order. In the 
    first review, covering the period from February 1, 1989, through May 
    31, 1990, the Department determined a dumping margin of 60.38 percent 
    ad valorem for Pirelli;\10\ in the second review, covering the period 
    June 1, 1990, through May 31, 1991, the dumping margin for Pirelli 
    increased to 70.90 percent.\11\
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        \10\ See Industrial Belts and Components and Parts Thereof, 
    Whether Cured or Uncured from Italy; Amendment of Final Results of 
    Antidumping Duty Administrative Review, 57 FR 8295 (March 9, 1992).
        \11\ See Industrial Belts and Components and Parts Thereof, 
    Whether Cured or Uncured, from Italy; Final Results of Antidumping 
    Duty Administrative Review, 58 FR 30938 (July 13, 1992).
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    Singapore
    
        In the original investigation, covering the period January 1, 1988, 
    through June 30, 1998, the Department determined the dumping margin for 
    Mitsuboshi Belting (Singapore) Pte. Ltd. (``MBS''), a subsidiary of 
    Mitsuboshi Belting Ltd. of Japan, and ``all others'', to be 31.73 
    percent ad valorem.\12\
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        \12\ See Final Determination of Sales at Less Than Fair Value: 
    Industrial Belts and Components and Parts Thereof, Whether Cured or 
    Uncured, from Singapore, 54 FR 15489 (April 18, 1989).
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        There have been two completed administrative reviews and one 
    terminated review of this order. The Department determined a dumping 
    margin of 31.73 percent ad valorem for MBS in the first review\13\ 
    covering the period February 1, 1989, through May 31, 1990, and in the 
    second review, covering the period June 1, 1990 through May 31, 
    1991.\14\ A third review, covering the period June 1, 1991, through May 
    31, 1992, was terminated before a preliminary determination was issued 
    (58 FR 53707, October 18, 1993).
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        \13\ See Industrial Belts and Components and Parts Thereof, 
    Whether Cured or Uncured, from Singapore; Final Results of 
    Antidumping Duty Administrative Review, 57 FR 41916 (September 14, 
    1992).
        \14\ See Industrial Belts and Components and Parts Thereof, 
    Whether Cured or Uncured, from Singapore; Final Results of 
    Antidumping Duty Administrative Review, 57 FR 29469 (July 2, 1992).
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    Japan
    
        In the original investigation, covering the period January 1, 1988, 
    through June 30, 1998, the Department determined a dumping margin of 
    93.16 percent ad valorem for Bando Chemical Industries (``Bando'') and 
    ``all others'' (54 FR 15485, April 18, 1989).
        There have been five administrative reviews of this order. In the 
    first review, covering the period June 7, 1989, through May 31, 1990, 
    the Department determined a dumping margin of 93.16 percent ad valorem 
    for Bando, and 52.60 percent for Nitta Industries (``Nitta'') and 
    Mitsuboshi Belting Limited (``MBL'').\15\ In the second administrative 
    review, covering the period June 1, 1990, through May 31, 1991, we 
    determined that the dumping margin for MBL was 93.16 percent.\16\
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        \15\ See Industrial Belts and Components and Parts Thereof, 
    Whether Cured or Uncured, from Japan; Final Results of Antidumping 
    Duty Administrative Review, 58 FR 30018 (May 25, 1993).
        \16\ See Industrial Belts and Components and Parts Thereof, 
    Whether Cured or Uncured, from Japan; Final Results of Antidumping 
    Duty Administrative Review, 58 FR 44496 (August 23, 1993).
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        In the third and fourth administrative reviews, covering the 
    periods June 1, 1991, through May 31, 1992, and June 1, 1992, through 
    May 31, 1993, respectively, the Department determined a dumping margin 
    of 93.16 percent for MBL (59 FR 1373, January 10, 1994). The dumping 
    margin continued at 93.16 for MBL in the fifth review, covering the 
    period June 1, 1993, through May 31, 1994 (60 FR 39929, August 4, 
    1995).
        At the request of Brecoflex Corporation (``Brecoflex''), the 
    Department initiated a circumvention inquiry on October 18, 1993; 
    however, the Department did not make a determination regarding the 
    merits of the inquiry because it determined that Brecoflex lacked 
    standing as a domestic producer of a like-product (56 FR 23693, May 6, 
    1994).
    
    Background
    
        On June 1, 1999, the Department initiated sunset reviews of the 
    antidumping orders on industrial belts from Germany, Italy, Singapore, 
    and Japan (64 FR 29261), pursuant to section 751(c) of the Act. The 
    Department received a Notice of Intent to Participate on behalf of 
    Gates within the applicable deadline (June 16, 1998) specified in 
    section 351.218(d)(1)(i) of the Sunset Regulations from all four 
    countries. As the petitioner in the original investigations and a 
    participant in each of the respective administrative reviews, Gates 
    claimed interested-party status under section 771(9)(C) of the Act as a 
    U.S. producer of the domestic like product. Subsequently, we received 
    Gates' complete substantive responses to the notice of initiation on 
    July 1, 1999. Without a substantive response from respondent interested 
    parties, the Department, pursuant to 19 CFR 351.218(e)(1)(ii)(C), 
    determined to conduct expedited, 120-day reviews of these orders.
        In accordance with 751(c)(5)(C)(v) of the Act, the Department may 
    treat a review as extraordinarily complicated if it is a review of a 
    transition order (i.e., an order in effect on January 1, 1995). On 
    October 12, 1999, the Department determined that the sunset reviews of 
    the antidumping duty orders on industrial belts from Germany, Italy, 
    Singapore, and Japan are extraordinarily complicated and, therefore, 
    the Department extended the time limit for completion of the final 
    results of these reviews until not later than December 28, 1999, in 
    accordance with section 751(c)(5)(B) of the Act.\17\
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        \17\ See Extension of Time Limit for Final Results of Five-Year 
    Reviews, 64 FR 55233 (October 12, 1999).
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    Determination
    
        In accordance with section 751(c)(1) of the Act, the Department 
    conducted these reviews to determine whether revocation of the 
    antidumping duty orders would be likely to lead to continuation or 
    recurrence of dumping. Section 752(c) of the Act provides that, in 
    making this determination, the Department shall consider the weighted-
    average dumping margins determined in the investigation and subsequent 
    reviews and the volume of imports of the subject merchandise for the 
    period before and the period after the issuance of the antidumping duty 
    order, and
    
    [[Page 73514]]
    
    shall provide to the International Trade Commission (``the 
    Commission'') the magnitude of the margin of dumping likely to prevail 
    if the order is revoked.
        The Department's determinations concerning continuation or 
    recurrence of dumping and the magnitude of the margin are discussed 
    below. In addition, Gates' comments with respect to continuation or 
    recurrence of dumping and the magnitude of the margin for each of the 
    orders are addressed within the respective sections below.
    
    Continuation or Recurrence of Dumping
    
        Drawing on the guidance provided in the legislative history 
    accompanying the Uruguay Round Agreements Act (``URAA''), specifically 
    the Statement of Administrative Action (``the SAA''), H.R. Doc. No. 
    103-316, vol. 1 (1994), the House Report, H.R. Rep. No. 103-826, pt. 1 
    (1994), and the Senate Report, S. Rep. No. 103-412 (1994), the 
    Department issued its Sunset Policy Bulletin providing guidance on 
    methodological and analytical issues, including the bases for 
    likelihood determinations. In its Sunset Policy Bulletin, the 
    Department indicated that determinations of likelihood will be made on 
    an order-wide basis (see section II.A.2). In addition, the Department 
    indicated that normally it will determine that revocation of an 
    antidumping order is likely to lead to continuation or recurrence of 
    dumping where (a) dumping continued at any level above de minimis after 
    the issuance of the order, (b) imports of the subject merchandise 
    ceased after the issuance of the order, or (c) dumping was eliminated 
    after the issuance of the order and import volumes for the subject 
    merchandise significantly (see section II.A.3).
        In addition to consideration of the guidance on likelihood cited 
    above, section 751(c)(4)(B) of the Act provides that the Department 
    shall determine that revocation of an order is likely to lead to 
    continuation or recurrence of dumping where a respondent interested 
    party waives its participation in the sunset review. In the instant 
    reviews, the Department did not receive a response from any respondent 
    interested party. Pursuant to section 351.218(d)(2)(iii) of the Sunset 
    Regulations, this constitutes a waiver of participation.
        Gates argues that because manufacturers/exporters of industrial 
    belts from Germany, Italy, Singapore, and Japan have continued to dump 
    the subject merchandise covered by the 1989 orders and dumping margins 
    are consistently very high, the Department should determine that 
    revocation of the orders would likely lead to further dumping (see July 
    1, 1999 Substantive Responses of Gates (Germany and Singapore at 6; 
    Japan and Italy at 7)).
        With respect to whether dumping continued at any level above de 
    minimis after the issuance of the order, Gates notes that German 
    manufacturers/exporters continue to dump, albeit at reduced volumes, 
    and continue to be subject to high margin rates of 100.60 percent (see 
    July 1, 1999, Substantive Response of Gates at 8). Similarly, according 
    the Gates, Italian, Singaporean and Japanese manufacturers/exporters 
    have continued to dump since the issuance of the respective orders. 
    Gates notes the high margin rates of 74.90 percent, 31.73 percent and 
    93.16 percent for Italian, Singaporean, and Japanese manufacturers/
    producers, respectively (see July 1, 1999, Substantive Responses of 
    Gates (Italy at 9; Singapore at 8; and Japan at 10).
        With respect to whether import volumes of the subject merchandise 
    declined significantly, Gates notes that, although the average volume 
    of imports industrial belts from Germany, Japan and Italy decreased 
    following the imposition of the orders, dumping has not been entirely 
    eliminated (see July 1, 1999, Substantive responses of Gates (Germany 
    at 9; Japan and Italy, respectively, at 8)).
        Finally, Gates asserts that dumping would likely become severe if 
    the orders were revoked because the market for industrial belts is a 
    mature market characterized by intense price competition (see July 1, 
    1999, Substantive Responses of Gates (Germany and Singapore at 9; Italy 
    at 10 and Japan at 11)). Moreover, given that Asia remains in a 
    recession, the U.S. market is an attractive target for manufacturers/
    exporters from Japan and Singapore (see July 1, 1999, Substantive 
    Responses of Gates (Singapore at 9; Japan at 11)).
        In conclusion, Gates argues that, in each case, the Department 
    should determine that there is a likelihood that dumping would continue 
    upon revocation of the orders because manufacturers/exporters have 
    continued to import into the United States even as dumping margins 
    remain very high.
    
    Discussion
    
        As discussed in section II.A.3 of the Sunset Policy Bulletin, the 
    SAA at 890, and the House Report at 63-64, if companies continue 
    dumping with the discipline of an order in place, the Department may 
    reasonably infer that dumping would continue if the discipline were 
    removed. In these cases, dumping margins above de minimis continue to 
    exist for shipments of the subject merchandise from all manufacturers/
    exporters from the subject countries.
        Consistent with section 752(c) of the Act, the Department also 
    considered the volume of imports before and after issuance of the 
    orders. By examining U.S. Census Bureau IM146 reports, the Department 
    finds that, consistent with import statistics provided by Gates, 
    imports of the subject merchandise from Germany, Italy and Japan 
    decreased following the issuance of the orders, from 1989 through 1995. 
    During this period, average imports from Germany and Japan decreased 
    approximately 95 percent during this period, average imports from Italy 
    decreased approximately 30 percent; and imports from Singapore ceased 
    altogether. In 1996, imports from all four countries increased and 
    remained generally steady until 1998; however, imports from Germany, 
    Japan, and Singapore were significantly lower than pre-order levels. In 
    contrast, Italian imports from 1996 to 1998 exceeded pre-order levels 
    by approximately 25 percent.
        Therefore, the Department finds that the existence of dumping 
    margins after the issuance of the orders is highly probative of the 
    likelihood of continuation of recurrence of dumping. Deposit rates for 
    exports of the subject merchandise by all known manufacturers and 
    exporters from Germany, Italy, Singapore, and Japan are above de 
    minimus. Therefore, given that dumping has continued over the life of 
    the orders, respondent interested parties have waived their right to 
    participate in these reviews before the Department, and absent argument 
    and evidence to the contrary, the Department determines that dumping is 
    likely to continue if the orders were revoked.
    
    Magnitude of the Margin
    
        In the Sunset Policy Bulletin, the Department stated that it will 
    normally provide to the Commission the margin that was determined in 
    the final determination in the original investigation. Further, for 
    companies not specifically investigated or for companies that did not 
    begin shipping until after the order was issued, the Department 
    normally will provide a margin based on the ``all others'' rate from 
    the investigation (see section II.B.1 of the Sunset Policy Bulletin). 
    Exceptions to this policy include the use of a more recently calculated 
    margin, where appropriate, and consideration of duty absorption
    
    [[Page 73515]]
    
    determinations (see section II.B.2 and 3 of the Sunset Policy 
    Bulletin).
        Gates asserts that the Department should provide to the Commission 
    the company-specific margins and the ``all others'' rates determined in 
    the original investigations of imports from Germany, Italy, Singapore, 
    and Japan (see July 1, 1999, Substantive Responses of Gates (Germany 
    and Singapore, respectively, at 10; Japan at 11; Italy at 12)) as the 
    rates likely to prevail if the orders were revoked. Specifically, Gates 
    notes that, in the original investigation of subject imports from 
    Germany, the Department determined a margin of 100.60 percent for 
    Optibelt and ``all others.'' Subsequently, in the sole administrative 
    review, the Department determined a rate of 100.60 percent for 
    Volkmann. Therefore, they argue that the Department should provide to 
    the Commission the original margin of 100.60 percent for Optibelt and 
    ``all others'' as determined in the investigation (see July 1, 1999, 
    Substantive Response of Gates (Germany) at 11).
        For Italian manufacturers/exporters, gates asserts that the 74.90 
    percent margin in the final determination and most recent review of the 
    order on imports from Italy demonstrates the high probability of 
    continued dumping were the order were revoked. Gates concludes, 
    therefore, that the original rate should be applicable to Pirelli and 
    ``all others'' (see July 1, 1999, Substantive Response of Gates (Italy) 
    at 12).
        For manufacturers/exporters from Singapore, Gates asserts that the 
    Department should provide to the Commission the margin of 31.73 percent 
    from the original investigation for MBS and ``all others'' (see July 1, 
    1999, Substantive Response of Gates (Singapore) at 10). The Department 
    also applied this rate to MBS in subsequent administrative reviews.
        Finally, for Japanese manufacturers/exporters, Gates notes that the 
    original margin of 93.16 percent continued in the administrative 
    reviews of the order on imports from Japan. Therefore, Gates argues, a 
    rate of 93.16 percent should be applicable to Bando and all other 
    companies not specifically investigated in the investigation (see July 
    1, 1999, Substantive Response of Gates at 11).
        The Department agrees with Gates' arguments concerning the choice 
    of margins to report to the Commission for each of the countries. As 
    noted in the Sunset Policy Bulletin, the rates from the original 
    investigation are the only rates that reflect the behavior of exporters 
    without the discipline of the order. In these reviews, we find no 
    reason to deviate from our stated policy. Therefore, consistent with 
    section II.B.1 of the Sunset Policy Bulletin, the Department finds that 
    the original rates are probative of the behavior of manufacturers/
    exporters from Germany, Italy, Singapore and Japan were the orders 
    revoked. As such, the Department will report to the Commission the 
    company-specific and ``all others'' rates from the original 
    investigations as contained in the Final Results of Reviews section of 
    this notice.
    
    Final Results of Review
    
        As a result of these reviews, the Department finds that revocation 
    of the antidumping duty orders would likely lead to continuation of 
    recurrence of dumping at the margin listed below:
    
    ------------------------------------------------------------------------
                                                                    Margin
                 Country and manufacturer /exporter                (percent)
    ------------------------------------------------------------------------
    Germany:
        Optibelt Corporation....................................      100.60
        All Others..............................................      100.60
    Italy:
        Pirelli.................................................       74.90
        All Others..............................................       74.90
    Singapore:
        Mitsuboshi Belting (Singapore) Pte. Lte.................       31.73
        All Others..............................................       31.73
    Japan:
        Bando...................................................       93.16
        All Others..............................................       93.16
    ------------------------------------------------------------------------
    
        This notice serves as the only reminder to parties subject to 
    administrative protective order (``APO'') of their responsibility 
    concerning the disposition of proprietary information disclosed under 
    APO in accordance with 19 CFR 351.305 of the Department's regulations. 
    Timely notification of return/destruction of APO materials or 
    conversion to judicial protective order is hereby requested. Failure to 
    comply with the regulations and the terms of an APO is a sanctionable 
    violation.
        These five-year (``sunset'') reviews and notice are in accordance 
    with sections 751(c), 752, and 777(i)(1) of the Act.
    
        Dated: December 23, 1999.
    Richard W. Moreland,
    Acting Assistant Secretary for Import Administration.
    [FR Doc. 99-33976 Filed 12-29-99; 8:45 am]
    BILLING CODE 3510-DS-M
    
    
    

Document Information

Effective Date:
12/30/1999
Published:
12/30/1999
Department:
International Trade Administration
Entry Type:
Notice
Action:
Notice of Final Results of Expedited Sunset Reviews: Industrial Belts from Germany, Italy, Singapore, and Japan.
Document Number:
99-33976
Dates:
December 30, 1999.
Pages:
73511-73515 (5 pages)
Docket Numbers:
A-428-802, A-475-802, A-599-802, A-588-807
PDF File:
99-33976.pdf