[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10452]
[[Page Unknown]]
[Federal Register: May 2, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
A-588-087
Portable Electric Typewriters From Japan; Final Results of
Changed Circumstances Antidumping Duty Administrative Review;
Revocation of Order
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
ACTION: Notice of final results of Changed Circumstances Antidumping
Duty Administrative Review; Revocation of Order.
-----------------------------------------------------------------------
SUMMARY: On March 24, 1994, the Department of Commerce published the
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 on portable electric
typewriters from Japan (59 FR 13932). We have completed this review and
are revoking the antidumping duty order on PETs from Japan.
EFFECTIVE DATE: May 2, 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 Street 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). Smith Corona also made representations that
other U.S. producers and potential U.S. producers of this merchandise
(Nakajima All Manufacturing Limited, Canon Business Machines, and
Brother Industries (USA), Inc.) consented to revocation of the order.
On March 24, 1994, the Department published the 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 on PETs from Japan (59 FR 13932). In that notice
the Department preliminarily determined that the order no longer is of
interest to domestic interested parties and notified the public of its
intent to revoke the order. The Department gave interested parties an
opportunity to comment on the preliminary results and none of the
interested parties commented. On April 8, 1994, Brother Industries
(USA) Inc., the petitioner in the investigation of portable electric
typewriters from Singapore (A-559-806), submitted its request, pursuant
to 19 CFR 353.17(a), to terminate the suspended investigation in that
case. A notice of such termination will be published simultaneously
with this notice.
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 Schedule (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.
Final Results of Changed Circumstances Antidumping Duty Administrative
Review, Revocation of 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 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. Sec. 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 accordance with sections 751(b)(1) and (c) of the Act and 19 CFR
353.25(d) and 353.22(f), based upon the facts of this case and the fact
that none of the interested parties objected to or otherwise commented
on our preliminary results, we have determined that the order no longer
is of interest to domestic interested parties. The Department
determines 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 revoking the
antidumping duty order on PETs from Japan.
The Department is terminating 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)).
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. We will 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 on or after May 1, 1993,
with respect to all other entries made.
This administrative review, revocation, 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: April 22, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-10452 Filed 4-29-94; 8:45 am]
BILLING CODE 3510-DS-P
