[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6972]
[[Page Unknown]]
[Federal Register: March 24, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-588-818]
Personal Word Processors From Japan; Initiation of Changed
Circumstances Antidumping Duty Administrative Review, Consideration of
Revocation of Order, Preliminary Results of Changed Circumstances
Antidumping Duty Administrative Review, and Intent To Revoke Order
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
ACTION: Notice of initiation of changed circumstances antidumping duty
administrative review, consideration of revocation of order,
preliminary results of changed circumstances antidumping duty
administrative review, and intent to revoke order.
-----------------------------------------------------------------------
EFFECTIVE DATE: March 24, 1994.
FOR FURTHER INFORMATION CONTACT: Thomas O. Barlow or Wendy J. Frankel,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5256
and 482-0367, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 28, 1991, the Department of Commerce (the Department)
published in the Federal Register (56 FR 42593) an antidumping duty
order on personal word processors (PWPs) from Japan (the order). On
August 20, 1992 (57 FR 37770), the Department published an amended
order. On February 15, 1994, Smith Corona Corporation (Smith Corona),
the petitioner in the underlying less-than-fair-value (LTFV)
investigation, submitted a request for a changed circumstances
administrative review and revocation of the order based on the
represented fact that the order no longer is of interest to the
domestic interested parties. For the same reasons, in its February 15,
1994 request, Smith Corona withdrew its petition requesting an
investigation to determine whether the order was being circumvented
pursuant to section 781(a) of the Tariff Act of 1930, as amended (the
Act). Smith Corona made the withdrawal of that petition and the
revocation contingent upon termination of the suspended antidumping
investigation on portable electric typewriters from Singapore (A-559-
806).
Scope of Review
The scope of the order covers PWPs from Japan as defined in the
Department's antidumping duty order on personal word processors from
Japan (56 FR 42593, August 28, 1991), as amended (57 FR 37770, August
20, 1992). PWPs are currently classifiable under item number 8469.10.00
of the Harmonized Tariff Schedule (HTS) of the United States. HTS item
numbers are provided for convenience and Customs purposes. The written
description remains dispositive as to the scope of the product
coverage.
Initiation of Changed Circumstances Antidumping Duty Administrative
Review, Consideration of Revocation of Order, Preliminary Results
of Changed Circumstances Administrative Review, and Intent To
Revoke Order
Pursuant to section 751(c) of the Act, the Department may revoke an
antidumping duty order if the Department determines, based on a review
under section 751(b)(1) of the Act, that changed circumstances exist
sufficient to warrant revocation. 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.
Section 353.25(d)(2) of the Department's regulations permits the
Department to conduct an administrative review under Sec. 353.22(f)
based upon an affirmative statement of no interest from the petitioner
in the proceeding. Section 353.25(d)(1)(i) further provides that if the
Department determines that the order under review is no longer of
interest to domestic interested parties, the Department may revoke the
antidumping duty order. In addition, in the event the Department
concludes that expedited action is warranted, Sec. 353.22(f)(4) of the
regulations permits the Department to combine the notices of initiation
and preliminary results.
Therefore, in accordance with sections 751(b)(1) and (c) of the Act
and 19 CFR 353.25(d) and 353.22(f), based on an affirmative statement
of no interest in the proceeding by Smith Corona, the Department is
initiating this changed circumstances administrative review. Further,
based upon the facts of this case and the representations made by Smith
Corona that other U.S. producers of this merchandise (Canon Business
Machines and Brother Industries (USA), Inc.) consent to revocation of
the order, we have determined that expedited action is warranted, and
we have preliminarily determined that the order no longer is of
interest to domestic interested parties. Because the Department
concludes that expedited action is warranted, the Department is
combining these notices of initiation and preliminary results. The
Department determines that there is a reasonable basis to believe that
the requirement for revocation based on the changed circumstance that
the order no longer is of interest to domestic interested parties has
been met. Therefore, we are hereby notifying the public of our intent
to revoke the antidumping duty order on personal word processors from
Japan. We hereby notify the public that if this revocation becomes
final we will also publish notice of the termination of the ongoing
anticircumvention inquiry of the order on PWPs from Japan.
If these preliminary results are made final, they will apply to all
shipments of the merchandise entered, or withdrawn from warehouse, for
consumption on or after August 1, 1993 (the day after the last
administrative review period for which automatic liquidation
instructions were sent to the U.S. Customs Service). In that event, we
intend to instruct the U.S. Customs Service to liquidate all entries of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after August 1, 1993, without regard to antidumping
duties. We will instruct the U.S. Customs Service to refund with
interest any estimated antidumping duties collected with respect to
those entries.
The current requirement for a cash deposit of estimated antidumping
duties will continue until publication of the final results of this
changed circumstances review.
Public Comment
Any interested party may request a hearing within 10 days from the
date 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, or the first workday thereafter. Case briefs and/or written
comments from interested parties may be submitted not later than 14
days after the date of publication of this notice. Rebuttal briefs and
rebuttals to written comments, limited to the 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 353.31 and shall be served on all interested
parties on the Department's service list. 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 initiation, preliminary results of review, intent to revoke,
and this notice are in accordance with Secs. 751(b)(1) and (c) of the
Act and Secs. 353.22(f) and 353.25(d)(1993) of the Department's
regulations.
Dated: March 16, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-6972 Filed 3-23-94; 8:45 am]
BILLING CODE 3510-DS-P