[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: 94-6973]
[[Page Unknown]]
[Federal Register: March 24, 1994]
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DEPARTMENT OF COMMERCE
[A-588-087]
Portable Electric Typewriters 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.
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EFFECTIVE DATE: March 24, 1994.
FOR FURTHER INFORMATION CONTACT: Thomas Prosser 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-
1130 and 482-0367, respectively.
SUPPLEMENTARY INFORMATION:
Background:
On May 9, 1980, the Department of Commerce (the Department)
published in the Federal Register (53 FR 40926) an antidumping duty
order on Portable Electric Typewriters (PETs) from Japan (the 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.
Smith Corona submitted this request 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 PETs, automatic PETs (PATs), PETs
incorporating a calculating mechanism, and certain personal word
processors (PWPs). On August 7, 1990, in Preliminary Scope Ruling;
Portable Electric Typewriters from Japan (55 FR 32107), the Department
clarified the scope of the order, ruling that ``* * * certain later-
developed PETS, including so-called `personal word processors', are
presumptively of the same class or kind as PETs within the scope of the
order * * *.'' The Department determined that to be of the same class
or kind as a PET, a typewriter must meet the following seven physical
criteria: (1) Be easily portable, with a handle and/or carrying case,
or similar mechanism to facilitate portability; (2) be electric,
regardless of source of power; (3) be comprised of a single, integrated
unit; (4) have a keyboard embedded in the chassis or frame of the
machine; (5) have a built-in printer; (6) have a platen (roller) to
accommodate paper; and (7) only accommodate its own dedicated or
captive software. The final scope ruling was published on November 13,
1990 (55 FR 47358).
PETs, PATs, and certain PWPs are currently classifiable under
Harmonized Tariff System (HTS) item numbers 8469.10.00, 8469.21.00, and
8469.29.00. The HTS subheadings are provided for convenience and
Customs purposes. Our written description of the scope of this order is
dispositive.
This changed circumstance administrative review covers all
manufacturers/exporters of PETs and PATs, and PETs incorporating a
calculating mechanism manufactured in Japan and all manufacturers/
exporters of those PWPs falling within the scope of the PETs order that
are manufactured in Japan.
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 Tariff Act of 1930, as amended
(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
administrative 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 on the
representations made by Smith Corona that other U.S. producers and
potential producers of this merchandise (Nakajima All Manufacturing
Limited, 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 portable
electric typewriters from Japan.
In the event this revocation is made final, the Department will
terminate the administrative reviews covering the following periods:
May 1, 1990 through April 30, 1991 (initiated on June 18, 1991 (56 FR
27943)); May 1, 1991 through April 30, 1992 (initiated on June 18, 1992
(57 FR 27212)); and May 1, 1992 through April 30, 1993 (initiated on
June 25, 1993 (58 FR 34414)).
In addition, in the event that this revocation is made final, the
following will take place. For all companies for which an
administrative review has been requested but not completed, the
effective date of revocation will be May 1, 1990. May 1, 1990 is the
first day after the most recent period for which an administrative
review has been completed for all of these companies. For all other
companies subject to this antidumping duty order, the effective date of
revocation will be May 1, 1993. May 1, 1993, is the first day for which
automatic liquidation instructions have not been issued for these other
companies.
If final revocation occurs, we intend to instruct the U.S. Customs
Service to liquidate all entries of subject merchandise in accordance
with the above effective dates of revocation. We will instruct the U.S.
Customs Service to refund with interest any estimated antidumping
duties collected with respect to entries made on or after May 1, 1990,
for which a review has been requested but not completed, and we will
instruct the U.S. Customs Service to refund with interest any estimated
antidumping duties collected with respect to all entries made on or
after May 1, 1993.
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 of 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(e) and shall be served on all interested
parties on the Department's service list in accordance with 19 CFR
353.31(g). 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 notice are in accordance with sections 751(b)(1) and (c) of the Act
and Secs. 353.22(f) and 353.25(d) of the Department's regulations.
Dated: March 16, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-6973 Filed 3-23-94; 8:45 am]
BILLING CODE 3510-DS-P
