[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Notices]
[Pages 48691-48692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23337]
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DEPARTMENT OF COMMERCE
[A-122-057]
Replacement Parts for Self-Propelled Bituminous Paving Equipment
From Canada; Termination of Antidumping Duty Administrative Reviews,
Final Results of Changed Circumstances Antidumping Duty Administrative
Review, and Revocation of Antidumping Duty Finding
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Termination of Antidumping Duty Administrative
Reviews, Final Results of Changed Circumstances Antidumping Duty
Administrative Review, and Revocation of Antidumping Duty Finding.
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SUMMARY: On September 7, 1977, the U.S. Treasury Department (Treasury)
published an antidumping duty finding on replacement parts for self-
propelled bituminous paving equipment (hereinafter ``paving parts'')
from Canada. On October 22, 1992, and on October 18, 1993, the
Department of Commerce (the Department) initiated administrative
reviews of the antidumping duty finding covering the periods September
1, 1991 through August 31, 1992 (1991-92), and September 1, 1992
through August 31, 1993(1992-93), respectively. On August 23, 1995, the
Department initiated a changed circumstances antidumping duty
administrative review and issued the preliminary results of changed
circumstances antidumping duty administrative review stating its intent
to revoke the antidumping duty finding based on petitioner's request of
August 1, 1995. We are now revoking the finding, effective September 1,
1991, based on the fact that the finding is no longer of interest to
domestic parties. As a result, we are also terminating the two ongoing
reviews.
EFFECTIVE DATE: September 20, 1995.
FOR FURTHER INFORMATION CONTACT: Gayle Longest or Kelly Parkhill,
Office of Countervailing Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 1977, Treasury published an antidumping duty
finding on paving parts from Canada (42 FR 41811). On September 11,
1992, Blaw-Knox Construction Equipment Corporation (Blaw-Knox), the
petitioner, and on September 28, 1992, the Allatt Paving Equipment
Division of Ingersoll-Rand (IR), the respondent, requested an
administrative review of the antidumping duty finding, covering the
period September 1, 1991 through August 31, 1992. On October 22, 1992,
the Department initiated the administrative review (57 FR 48201). On
September 21, 1993, and September 30, 1993, IR and Blaw-Knox,
respectively, requested an administrative review of the antidumping
duty finding covering the period September 1, 1992 through August 31,
1993. On October 18, 1993, the Department initiated this administrative
review (58 FR 53710).
On August 1, 1995, Blaw-Knox, the petitioner in this proceeding,
submitted a request for a changed circumstances administrative review
to revoke the finding on paving parts from Canada. In addition, Blaw-
Knox requested that the revocation be effective retroactively to
September 1, 1991, thereby terminating the currently pending 1991-92
and 1992-93 administrative reviews. Blaw-Knox made this request based
on the fact that the finding on paving parts is no longer of interest
to the petitioner.
Pursuant to 19 CFR 353.25(d)(1), we preliminarily determined that
Blaw-Knox's affirmative statement of no interest constitutes good cause
for conducting a changed circumstances review. Consequently, on August
23, 1995, the Department published a notice of initiation and
preliminary results of changed circumstances antidumping duty
administrative review stating its intent to revoke the finding (60 FR
43772). We gave interested parties an opportunity to comment on the
preliminary results of this changed circumstances review. We received
no comments.
Scope of Review
The merchandise covered by this changed circumstances review is
replacement parts for self-propelled bituminous paving equipment from
Canada, excluding attachments and parts for attachments. This
merchandise is currently classified under Harmonized Tariff Schedule
(HTS) item numbers 4016.93.10, 7315.11.00, 7315.89.50, 7315.90.00,
8336.50.00, 8479.99.00, 8481.20.00, 8482.10.10, 8483.90.90, 8539.29.20,
8544.20.00, 8544.41.00, 8544.51.80, 8544.60.20, and 9015.30.40. The HTS
item numbers are provided for convenience and Customs purposes. The
written description remains dispositive.
This changed circumstances administrative review covers all
manufacturers/exporters of replacement parts for self-propelled
bituminous paving equipment from Canada.
Final Results of Review; Revocation of Antidumping Duty Finding;
Termination of Antidumping Duty Administrative Reviews
The evidence of record indicates that the finding is no longer of
interest to interested parties, as defined in paragraphs (k)(3),
(k)(4), (k)(5), and (k)(6) of section 353.2 of the Department's
regulations. Therefore, the Department is revoking the finding on
paving parts from Canada in accordance with sections 751(d) and 782(h)
of the Tariff Act of 1930, as amended (the Act) and 19 CFR
353.25(d)(1). This revocation applies to all entries of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after September 1, 1991. Accordingly, the Department is terminating the
1991-92 and 1992-93 reviews.
The Department will instruct the U.S. Customs Service (Customs) to
proceed with liquidation, without regard to antidumping duties, of all
unliquidated entries of paving parts from Canada entered, or withdrawn
from warehouse, for consumption on or after September 1, 1991. The
Department will further instruct Customs to refund with interest any
estimated duties collected with respect to unliquidated entries of
paving parts from Canada entered, or withdrawn from warehouse, for
[[Page 48692]]
consumption on or after September 1, 1991, in accordance with section
778 of the Act.
This notice also serves as a reminder to parties subject to
administrative protection orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
This changed circumstances administrative review, revocation of the
antidumping duty finding, termination of the 1991-92 and 1992-93
administrative reviews, and notice are in accordance with sections
751(b) and (d) and 782(h) of the Act and sections 353.22(f) and
353.25(d) of the Department's regulations.
Dated: September 13, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-23337 Filed 9-19-95; 8:45 am]
BILLING CODE 3510-DS-P
