Mechanical Transfer Presses from Japan, Inv. 731-TA-429 (Review)

=== FR: Mechanical Transfer Presses From Japan (2005-08-11) === INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-429 (Second Review)] Mechanical Transfer Presses From Japan AGENCY: United States International Trade Commission. ACTION: Termination of five-year review. SUMMARY: The subject five-year review was initiated in May 2005 to determine whether revocation of the antidumping duty order on mechanical transfer presses from Japan would be likely to lead to continuation or recurrence of dumping and of material injury to a domestic industry. On August 1, 2005, the Department of Commerce published notice that it was revoking the order effective June 21, 2005 because “the domestic interested parties did not participate in this sunset review. * * *” (70 FR 44089). Accordingly, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), the subject review is terminated. DATES: Effective: June 21, 2005. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( http://www.usitc.gov ). Authority: This review is being terminated under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.69 of the Commission's rules (19 CFR 207.69). Issued: August 8, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05-15935 Filed 8-10-05; 8:45 am] BILLING CODE 7020-02-P ──────────────────────────────────────────────────────────── === FR: Mechanical Transfer Presses From Japan (2005-05-02) === INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-429 (Second Review)] Mechanical Transfer Presses From Japan AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty order on mechanical transfer presses from Japan. SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on mechanical transfer presses from Japan would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is June 21, 2005. Comments on the adequacy of responses may be filed with the Commission by July 15, 2005. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). 1 No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117-0016/USITC No. 05-5-121, expiration date June 30, 2005. Public reporting burden for the request is estimated to average 10 hours per response. Please send comments regarding the accuracy of this burden estimate to the office of investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. DATES: Effective Date: May 2, 2005. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( http://www.usitc.gov ). The public record for this review may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov . SUPPLEMENTARY INFORMATION: Background. On February 16, 1990, the Department of Commerce issued an antidumping duty order on imports of mechanical transfer presses from Japan (55 FR 5642). Following five-year reviews by Commerce and the Commission, effective June 21, 2000, Commerce issued a continuation of the antidumping duty order on imports of mechanical transfer presses from Japan (65 FR 38507). The Commission is now conducting a second review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions. The following definitions apply to this review: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce. (2) The Subject Country in this review is Japan. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original and full five-year review determinations, the Commission defined the Domestic Like Product as all mechanical transfer presses. One Commissioner defined the Domestic Like Product differently in the original investigation. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original and full five-year review determinations, the Commission defined the Domestic Industry as all domestic producers of mechanical transfer presses. In the original investigation, one Commissioner defined the Domestic Industry differently. In addition, the Commission excluded one domestic producer, Hitachi-Zosen-Clearing, from the Domestic Industry under the related parties provision in the original investigation. In the full five-year review of the antidumping duty order, the related party provision did not apply. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the review and public service list. Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the Federal Register . The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Former Commission employees who are seeking to appear in Commission five-year reviews are reminded that they are required, pursuant to 19 CFR 201.15, to seek Commission approval if the matter in which they are seeking to appear was pending in any manner or form during their Commission employment. The Commission is seeking guidance as to whether a second transition five-year review is the “same particular matter” as the underlying original investigation for purposes of 19 CFR 201.15 and 18 U.S.C. 207, the post employment statute for Federal employees. Former employees may seek informal advice from Commission ethics officials with respect to this and the related issue of whether the employee's participation was “personal and substantial.” However, any informal consultation will not relieve former employees of the obligation to seek approval to appear from the Commission under its rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list. Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this review available to authorized applicants under the APO issued in the review, provided that the application is made no later than 21 days after publication of this notice in the Federal Register . Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the review. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Certification. Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this review must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. Written submissions. Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is June 21, 2005. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is July 15, 2005. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission's rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the review you do not need to serve your response). Inability to provide requested information. Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determination in the review. Information To Be Provided in Response to This Notice of Institution: As used below, the term “firm” includes any related firms. (1) The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and E-mail address of the certifying official. (2) A statement indicating whether your firm/entity is a U.S. producer of the Domestic Like Product, a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or exporter of the Subject Merchandise, a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association. (3) A statement indicating whether your firm/entity is willing to participate in this review by providing information requested by the Commission. (4) A statement of the likely effects of the revocation of the antidumping duty order on the Domestic Industry in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry. (5) A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)). (6) A list of all known and currently operating U.S. importers of the Subject Merchandise and producers of the Subject Merchandise in the Subject Country that currently export or have exported Subject Merchandise to the United States or other countries after 1999. (7) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm's operations on that product during calendar year 2004 (report quantity data in units and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm's(s') production; (b) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); and (c) The quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s). (8) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country, provide the following information on your firm's(s') operations on that product during calendar year 2004 (report quantity data in units and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from the Subject Country accounted for by your firm's(s') imports; (b) The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country; and (c) The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country. (9) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm's(s') operations on that product during calendar year 2004 (report quantity data in units and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm's(s') production; and (b) The quantity and value of your firm's(s') exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm's(s') exports. (10) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 1999, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (11) ( Optional ) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules. Issued: April 20, 2005. By order of the Commission. Marilyn R. Abbott Secretary to the Commission. [FR Doc. 05-8720 Filed 4-29-05; 8:45 am] BILLING CODE 7020-02-P ──────────────────────────────────────────────────────────── === FR: Mechanical Transfer Presses From Japan (2000-06-07) === INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-429 (Review)] Mechanical Transfer Presses From Japan Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission determines, 2 pursuant to section 751© of the Tariff Act of 1930 (the Act), 3 that revocation of the antidumping duty order on mechanical transfer presses (MTPs) 4 from Japan would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR § 207.2(f)). 2 Commissioner Thelma J. Askey dissenting. 3 19 U.S.C. 1675(c). 4 For purposes of this review, the term “mechanical transfer press” (MTP) refers to automatic metal-forming machine tools with multiple die stations in which the workpiece is moved from station to station by a transfer mechanism designed as an integral part of the press and synchronized with the press action, whether imported as machines or parts suitable for use solely or principally with these machines. These presses may be assembled or unassembled. Commerce published in the Federal Register several Notices of Scope Rulings with respect to MTPs from Japan and determined that: (1) spare and replacement parts are outside the scope of the order (57 FR 19602, May 7, 1992); (2) a destack sheet feeder designed to be used with a mechanical transfer press is an accessory and, therefore, is not within the scope of the order (57 FR 32973, July 24, 1992); (3) the FMX cold-forging press is within the scope of the order (59 FR 8910, February 24, 1994); and (5) certain mechanical transfer press parts exported from Japan are outside the scope of the order (62 FR 9176, February 28, 1997). Commerce's scope identifies the Harmonized Tariff Schedule of the United States (HTS) statistical reporting numbers for MTPs as 8462.99.0035, mechanical transfer presses, and 8466.94.5040, parts of mechanical transfer presses. However, these numbers were replaced by statistical reporting numbers 8462.99.8035, 8466.94.6040, and 8466.94.8040 on January 1, 1994. Subsequently, on July 1, 1997, statistical reporting numbers 8466.94.6040 and 8466.94.8040 were replaced by statistical reporting numbers 8466.94.6540 and 8466.94.8540. For a further explanation of these changes, see the U.S. Tariff Treatment section presented later in this report. The HTS numbers are provided for convenience and customs purposes. The written description remains dispositive. Background The Commission instituted this review on June 1, 1999, 5 and determined on September 3, 1999, that it would conduct a full review. 6 Notice of the scheduling of the Commission's review and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on November 15, 1999. 7 The hearing was held in Washington, DC, on April 4, 2000, and all persons who requested the opportunity were permitted to appear in person or by counsel. 5 64 FR 29347, June 1, 1999. 6 64 FR 50107, September 15, 1999. 7 64 FR 61938, November 15, 1999. The Commission transmitted its determination in this review to the Secretary of Commerce on May 26, 2000. The views of the Commission are contained in USITC Publication 3304 (May 2000), entitled Mechanical Transfer Presses from Japan: Investigation No. 731-TA-429 (Review). Issued: June 1, 2000. By order of the Commission. Donna R. Koehnke, Secretary. [FR Doc. 00-14319 Filed 6-6-00; 8:45 am] BILLING CODE 7020-02-P ──────────────────────────────────────────────────────────── === FR: Sunshine Act Meeting (2000-05-10) === INTERNATIONAL TRADE COMMISSION Sunshine Act Meeting AGENCY HOLDING THE MEETING: United States International Trade Commission. TIME AND DATE: May 15, 2000 at 2 p.m. PLACE: Room 101, 500 E Street S.W., Washington, DC 20436, Telephone: (202) 205-2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meeting: none. 2. Minutes. 3. Ratification List. 4. Inv. No. 731-TA-841 (Final)(Certain Non-Frozen Concentrated Apple Juice from China)—briefing and vote. (The Commission will transmit its determination to the Secretary of Commerce on May 22, 2000.) 5. Inv. No. 731-TA-429 (Review) (Mechanical Transfer Presses from Japan)—briefing and vote. (The Commission will transmit its determination to the Secretary of Commerce on May 26, 2000.) 6. Outstanding action jackets: (1) Document No. GC-00-020: Administrative matters. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: May 5, 2000. Donna R. Koehnke, Secretary. [FR Doc. 00-11755 Filed 5-8-00; 10:10 am] BILLING CODE 7020-02-P ──────────────────────────────────────────────────────────── === FR: Mechanical Transfer Presses From Japan; Notice of Commission Determination to Conduct a Portion of the Hearing In Camera (2000-04-10) === INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-429 (Review)] Mechanical Transfer Presses From Japan; Notice of Commission Determination to Conduct a Portion of the Hearing In Camera AGENCY: U.S. International Trade Commission. ACTION: Closure of a portion of a Commission hearing. SUMMARY: Upon request of respondent Komatsu Ltd., the Commission has determined to conduct a portion of its hearing in the above-captioned investigation scheduled for April 4, 2000, in camera. See Commission rules 207.24(d), 201.13(m) and 201.36(b)(4) (19 CFR 207.24(d), 201.13(m) and 201.36(b)(4)). The remainder of the hearing will be open to the public. The Commission has determined that the seven-day advance notice of the change to a meeting was not possible. See Commission rule 201.35(a), (c)(1) (19 CFR 201.35(a), (c)(1)). FOR FURTHER INFORMATION CONTACT: Donnette Rimmer, Office of the General Counsel, U.S. International Trade Commission, telephone 202-205-0663, e-mail drimmer@usitc.gov. Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the Commission's TDD terminal on 202-205-3105. SUPPLEMENTARY INFORMATION: The Commission believes that Komatsu, Ltd. has justified the need for a closed session. Komatsu, Ltd. seeks a closed session to allow for a discussion of the U.S. industry's performance and the consequences of the antidumping order. In making this decision, the Commission nevertheless reaffirms its belief that whenever possible its business should be conducted in public. The hearing will begin with public presentations by those supporting continuation of the order and those supporting revocation of the order, with questions from the Commission. In addition, the hearing will include a 30-minute in camera session for a confidential presentation by Komatsu Ltd. and for questions from the Commission relating to the business proprietary information (“BPI”), followed by a 30-minute in camera rebuttal presentation by those supporting continuation of the order. For any in camera session the room will be cleared of all persons except those who have been granted access to BPI under a Commission administrative protective order (APO) and are included on the Commission's APO service list in this investigation. See 19 CFR 201.35(b)(1), (2). The time for the parties' presentations and rebuttals in the in camera session will be taken from their respective overall allotments for the hearing. All persons planning to attend the in camera portions of the hearing should be prepared to present proper identification. Authority: The General Counsel has certified, pursuant to Commission Rule 201.39 (19 CFR 201.39) that, in her opinion, a portion of the Commission's hearing in Mechanical Transfer Presses from Japan, Inv. No. 731-TA-429 (Review), may be closed to the public to prevent the disclosure of BPI. Issued: April 3, 2000. By order of the Commission. Donna R. Koehnke Secretary. [FR Doc. 00-8778 Filed 3-7-00; 8:45 am] BILLING CODE 7020-02-P