[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Notices]               
[Page 38305-38309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-48]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-825, A-580-853, A-588-863]

 
Notice of Initiation of Antidumping Duty Investigation: Thermal 
Transfer Ribbons From France, Japan and the Republic of Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Initiation of Antidumping Duty Investigation.

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EFFECTIVE DATE: June 27, 2003.

FOR FURTHER INFORMATION CONTACT: Julio Fernandez (France) at 202-482-
0961, Alex Villanueva (Japan) at 202-482-3208, Fred Baker (South Korea) 
at 202-482-2924 or Robert James at 202-482-0649, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230.

Initiation of Investigation

The Petition

    On May 30, 2003, the Department of Commerce (the Department) 
received a petition filed in proper form by International Imaging 
Materials, Inc. (IIMAK, or petitioner). On June 2, 13, and 18, 2003, 
petitioner submitted clarifications of the petition. IIMAK is a 
domestic producer of thermal transfer ribbons. In accordance with 
section 732(b) of the Tariff Act of 1930, as amended (the Tariff Act), 
the petitioner alleges imports of thermal transfer ribbon from France, 
Japan and the Republic of Korea (South Korea) are being, or are likely 
to be, sold in the United States at less than fair value within the 
meaning of section 731 of the Tariff Act, and that such imports are 
materially injuring, or threatening material injury to, the U.S. 
industry.
    The Department finds the petitioner filed its petition on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(C) of the Tariff Act, and it has demonstrated sufficient 
industry support with respect to the investigations it is presently 
seeking. See, ``Determination of Industry Support for the Petitions,'' 
below.

Scope of the Investigations

    These investigations cover wax and wax/resin thermal transfer 
ribbons (TTR), in slit or unslit (``jumbo'') form originating from 
France, Japan or South Korea, with a total wax (natural or synthetic) 
content of all the image side layers, that transfer in whole or in 
part, of equal to or greater than 20 percent by weight and a wax 
content of the colorant layer of equal to or greater than 10 percent by 
weight, and a black color as defined by industry standards by the 
CIELAB (International Commission on Illumination) color specification 
such that L[ast]<35, -20a[ast]<35 and -40<31, and 
black and near-black TTR. TTR is typically used in printers generating 
alphanumeric and machine-readable characters, such as bar codes and 
facsimile machines.
    The petition does not cover pure resin TTR, and finished thermal 
transfer ribbons with a width greater than 212 millimeters (mm), but 
not greater than 220 mm (or 8.35 to 8.66 inches) and a length of 230 
meters (m) or less (i.e., slit fax TTR, including cassetted TTR), and 
ribbons with a magnetic content of greater than or equal to 45 percent, 
by weight, in the colorant layer.
    The merchandise subject to this investigation may be classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) at heading 
3702 and subheadings 3921.90.40.25, 9612.10.90.30, 3204.90, 3506.99, 
3919.90, 3920.62, 3920.99 and 3926.90. The tariff classifications are 
provided for convenience and Customs purposes; however, the written 
description of the scope of the investigation is dispositive.
    As discussed in the preamble to the Departments regulations, we are 
setting aside a period for parties to raise issues regarding product 
coverage. See Antidumping Duties; Countervailing Duties; Final Rule, 62 
FR 27296, 27323 (May 19, 1997). The Department encourages all 
interested parties to submit such comments within 20 days of 
publication of this notice. Comments should be addressed to Import 
Administration's Central Records Unit, Room 1870, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230. This period of scope consultations is intended to provide the 
Department with ample opportunity to consider all comments and consult 
with parties

[[Page 38306]]

prior to the issuance of the preliminary determinations.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Tariff Act requires that a petition be 
filed on behalf of the domestic industry. Section 732(c)(4)(A) of the 
Tariff Act provides that the Department's industry support 
determination, which is to be made before the initiation of the 
investigation, be based on whether a minimum percentage of the relevant 
industry supports the petition. A petition meets this requirement if 
the domestic producers or workers who support the petition account for: 
(i) at least 25 percent of the total production of the domestic like 
product; and (ii) more than 50 percent of the production of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the petition. Moreover, 
section 732(c)(4)(D) of the Tariff Act provides that, if the petition 
does not establish support of domestic producers or workers accounting 
for more than 50 percent of the total production of the domestic like 
product, the Department shall: (i) poll the industry or rely on other 
information in order to determine if there is support for the petition, 
as required by subparagraph (A), or (ii) determine industry support 
using a statistically valid sampling method.
    Section 771(4)(A) of the Tariff Act defines the ``industry'' as the 
producers of a domestic like product. Thus, to determine whether a 
petition has the requisite industry support, the statute directs the 
Department to look to producers and workers who produce the domestic 
like product. The International Trade Commission (the Commission), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the Commission must apply the same statutory definition regarding the 
domestic like product (section 771(10) of the Tariff Act), they do so 
for different purposes and pursuant to a separate and distinct 
authority. In addition, the Department's determination is subject to 
limitations of time and information. Although this may result in 
different definitions of the like product, such differences do not 
render the decision of either agency contrary to law. See USEC, Inc. v. 
United States, 132 F. Supp. 2d 1, 8 (Ct. Int'l Trade 2001), citing 
Algoma Steel Corp. Ltd. v. United States, 688 F. Supp. 639, 642-44 (Ct. 
Int'l Trade 1988) (``the ITC does not look behind ITA's determination, 
but accepts ITA's determination as to which merchandise is in the class 
of merchandise sold at LTFV'').
    Section 771(10) of the Tariff Act defines the domestic like product 
as ``a product which is like, or in the absence of like, most similar 
in characteristics and uses with, the article subject to an 
investigation under this title.'' Thus, the reference point from which 
the domestic like product analysis begins is ``the article subject to 
an investigation,'' i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition.
    In determining whether the domestic petitioner has standing, we 
considered the industry support data contained in the petition with 
reference to the domestic like product as defined above in the ``Scope 
of the Investigations'' section. To establish standing, petitioner 
provided its actual production data for the domestic like product for 
the year 2002. To estimate 2002 production for all other domestic 
thermal transfer ribbon producers named in the petition, petitioner 
estimated production data by several means. These estimated production 
data were added to the actual production data detailed above to arrive 
at total estimated U.S. production of thermal transfer ribbon for the 
year 2002 in thousands of square inches (msi). See Petition at Exhibit 
A-1 and Exhibit A-2 containing an affidavit by an IIMAK thermal 
transfer ribbon division official describing how the production data 
were estimated.
    Using the data described above, the share of total estimated U.S. 
production of thermal transfer ribbon in 2002 represented by petitioner 
(there were no other supporting parties) equals over 50 percent of 
total domestic production. Therefore, the Department finds the domestic 
producers who support the Petition account for at least 25 percent of 
the total production of the domestic like product. In addition, as no 
domestic producers have expressed opposition to the Petition, the 
Department also finds the domestic producers who support the Petition 
account for more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the Petition.
    With regard to the domestic like product, petitioner's definition 
of the like product is identical to the scope of these investigations. 
See Petition at 69. Based on our analysis of the information submitted 
in the Petition we have determined there is a single domestic like 
product, thermal transfer ribbons in slit or jumbo form, which is 
defined further in the ``Scope of the Investigations'' section above, 
and we have analyzed industry support in terms of that domestic like 
product. For more information on our analysis and the data upon which 
we relied, see the Antidumping Investigation Initiation Checklist 
(Initiation Checklist), dated June 19, 2003, at ``Industry Support,'' 
and Appendix 1.
    Therefore, we find that petitioners have met the requirements of 
section 732(c)(4)(A) of the Tariff Act.

Constructed Export Price and Normal Value

    The following are descriptions of the allegations of sales at less 
than fair value upon which the Department based its decision to 
initiate these investigations. The source or sources of data for the 
deductions and adjustments relating to U.S. and foreign market prices 
and cost of production and constructed value have been accorded 
treatment as business proprietary information. Petitioner's sources and 
methodology are discussed in greater detail in the business proprietary 
version of the Petition and in our Initiation Checklist. We corrected 
certain information contained in the petition's margin calculations; 
these corrections are set forth in detail in the Initiation Checklist. 
Should the need arise to use any of this information as facts available 
under section 776 of the Tariff Act in our preliminary or final 
determinations, we may re-examine this information and revise the 
margin calculations, if appropriate.

Period of Investigation

    The period of investigation for these cases will be April 1, 2002 
through March 31, 2003, or the four most-recently completed fiscal 
quarters as of the month preceding the month in which the petition was 
filed. See 19 CFR 351.204(b).

France

Constructed Export Price

    To calculate constructed export price (CEP) petitioner obtained 
pricing information for certain wax and wax/resin products sold to 
unaffiliated parties in the United States, and comparable to the 
products sold in the home market. Petitioner made certain adjustments 
to this selling price for specific expenses that would be incurred by 
foreign producers of the subject merchandise for sales made in the 
United States. Because petitioner was unable to obtain actual data for 
selling expenses incurred by respondents in the United States, 
petitioner obtained price quotes as a

[[Page 38307]]

basis for its estimation of certain expenses, and, where appropriate, 
also based its estimates for such expenses on actual figures incurred 
in the course of its own selling activities. Petitioner indicates this 
approach is a reasonable and appropriate way to calculate CEP because 
the selling process for thermal transfer ribbon is uniform within the 
United States, and the selling activities performed by respondents' 
U.S. affiliates for their U.S. customers are largely the same as those 
performed by petitioner for its customers in the United States. See 
Petition at 49. Where known differences between petitioner's and 
respondents' operations exist, petitioner adjusted selling expenses 
accordingly to account for such differences.
    Petitioner adjusted the U.S. prices for ocean freight, marine 
insurance, U.S. duties, packaging expenses, indirect selling expenses 
incurred by the respondent's U.S. affiliate, inventory carrying costs 
in transit, and a figure for CEP profit. Where possible, these expenses 
were based upon petitioner's actual experience; where petitioner lacked 
such data, petitioner made reasonable estimates as described above. 
Petitioner based CEP profit for the respondent, Armor SA, upon the 
experience of Dai Nippon Printing, a Japanese TTR producer. Petitioner 
explained this was a reasonable surrogate figure because no sector-
specific profit data are available for the French TTR industry. With 
respect to selling expenses incurred in France, petitioner indicates 
there is no basis to believe that such expenses would differ for 
thermal transfer ribbon destined for the United States versus 
merchandise sold in the home market. Therefore, petitioner claims it is 
reasonable to consider such expenses to be equal for sales to the 
United States and in the home market. We have accepted this methodology 
for purposes of this initiation.

Normal Value

    With respect to normal value (NV), petitioner relied on foreign 
market research to obtain information on the prices of two grades of 
thermal transfer ribbon sold in the French market. This sales 
information is contemporaneous with the pricing information used as the 
basis for CEP, and represents products which are either identical or 
similar to those sold in the United States. See Petition Exhibits A-7 
and A-8.
    The petitioner also provided information demonstrating reasonable 
grounds to believe or suspect that sales of TTR in the home market were 
made at prices below the fully absorbed cost of production (COP), 
within the meaning of section 773(b) of the Tariff Act, and requested 
that the Department initiate a country-wide sales-below-cost 
investigation.
    Pursuant to section 773(b)(3) of the Tariff Act, COP consists of 
cost of manufacture (COM), selling, general and administrative (SG&A) 
expenses, and packing. The petitioner calculated COM based on the 
experience of a U.S. TTR producer, adjusted for known differences based 
on petitioner's knowledge of French TTR producers' operations and other 
publically available data. See Petition at 64 and Exhibit B-14, and 
Petitioner's June 13, 2003 submission at 20 through 22 and Exhibit B-
27. According to the petitioner, these are the most specific cost data 
reasonably available. The U.S. producer's figures are reasonable to use 
to estimate French producers' costs because, according to the 
petitioner, U.S. and French producers have similar production 
processes. Petitioner states it was unable to obtain French producers' 
cost of production data. Petitioner determined French producers' raw 
materials cost, variable and fixed overhead, SG&A and packing cost 
based on the costs incurred by the U.S. producer and adjusted for the 
known differences. See id. Petitioner valued labor costs based on the 
U.S. producer's production experience adjusted for known differences 
and French hourly wages in U.S. dollars as posted on the Department's 
web site.
    Based upon a comparison of the price of the foreign like product in 
the home market to the calculated COP of the product, we find 
reasonable grounds to believe or suspect that sales of the foreign like 
product were made below the COP, within the meaning of section 
773(b)(2)(A)(i) of the Tariff Act. Accordingly, the Department is 
initiating a country-wide cost investigation.
    Pursuant to sections 773(a)(4), 773(b) and 773(e) of the Tariff 
Act, the petitioners also based NV for sales in France on constructed 
value (CV). See Petitioner's June 18 submission. The petitioner 
calculated CV using the same COM, SG&A and interest expense figures 
used to compute the COP. Consistent with 773(e)(2) of the Tariff Act, 
the petitioners included in CV an amount for profit. For profit, the 
petitioners relied upon amounts reported for the Japanese company Dai 
Nippon Printing's printing business segment for the year ending March 
2002. Petitioner states it was unable to obtain specific and detailed 
financial data for Armor, the French TTR company and believes it 
reasonable to use the rate for Dai Nippon Printing as a surrogate for a 
French TTR company. However, we do not believe the Dai Nippon Printing 
profit rate is a reasonable surrogate for profit on the sales in the 
ordinary course of trade in France for purposes of this initiation. For 
initiation purposes, we have recalculated CV without regard to profit, 
as we have no acceptable surrogate profit rate on the record. Should 
the need arise to use the profit rate suggested by the petitioners as 
facts available under section 776 of the Tariff Act in our preliminary 
or final determination, we may reexamine the information developed on 
the French TTR industry and, if appropriate, revise the margin 
calculations.
    The estimated dumping margin for subject merchandise from France, 
based on comparisons of CEP and NV, range between 16.5 and 60.6 
percent. The estimated margin for France based on a comparison of CEP 
to CV is 57.7 percent.

Japan

Constructed Export Price

    To calculate CEP petitioner obtained pricing information for 
certain wax and wax/resin products sold to unaffiliated parties in the 
United States, and comparable to the products sold in the home market. 
Petitioner made certain adjustments to this selling price for specific 
expenses that would be incurred by foreign producers of the subject 
merchandise for sales made in the United States. Because petitioner was 
unable to obtain actual data for selling expenses incurred by 
respondents in the United States, petitioner obtained price quotes as a 
basis for its estimation of certain expenses, and, where appropriate, 
also based its estimates for such expenses on actual figures incurred 
in the course of its own selling activities. Petitioner indicates this 
approach is a reasonable and appropriate way to calculate CEP because 
the selling process for thermal transfer ribbon is uniform within the 
United States, and the selling activities performed by respondents' 
U.S. affiliates for their U.S. customers are largely the same as those 
performed by petitioner for its customers in the United States. See 
Petition at 49. Where known differences between petitioner's and 
respondents' operations exist, petitioner adjusted selling expenses 
accordingly to account for such differences.
    Petitioner adjusted the U.S. prices for ocean freight, marine 
insurance, U.S. duties, packaging expenses, indirect selling expenses 
incurred by a

[[Page 38308]]

respondent's U.S. affiliate, inventory carrying costs in transit, and a 
figure for CEP profit. See Petition at 50 through 55, and Exhibit B-14. 
Where possible, these expenses were based upon petitioner's actual 
experience; where petitioner lacked such data, petitioner made 
reasonable estimates as described above. Petitioner based CEP profit 
upon the experience of Dai Nippon Printing, a Japanese TTR producer.
    With respect to selling expenses incurred in Japan, petitioner 
indicates there is no basis to believe that such expenses would differ 
for thermal transfer ribbon destined for the United States versus 
merchandise sold in the home market. Therefore, petitioner claims it is 
reasonable to consider such expenses to be equal for sales to the 
United States and in the home market. We have accepted this methodology 
for purposes of this initiation.

Normal Value

    In calculating NV, the petitioner relied upon data provided by 
foreign market researchers on home market prices of wax and wax resin 
TTR products. See Petition at Exhibit B-10. This sales information is 
contemporaneous with the pricing information used as the basis for CEP 
and represents products which are either identical or similar to those 
sold in the United States. No other adjustments were made to NV, 
because additional information on home market adjustments was not 
reasonably available to petitioner.
    The estimated dumping margin for subject merchandise from Japan, 
based on comparisons of CEP and NV, range between 65.9 and 147.3 
percent.

South Korea

Constructed Export Price

    To calculate CEP petitioner obtained pricing information relating 
to sales of certain wax products sold to unaffiliated parties in the 
United States, and comparable to the product sold in the home market. 
Petitioner made certain adjustments to these selling prices for 
specific expenses that would be incurred by foreign producers of the 
subject merchandise for sales made in the United States. Because 
petitioner was unable to obtain actual data for selling expenses 
incurred by respondents in the United States, petitioner obtained price 
quotes as a basis for its estimation of certain expenses, and, where 
appropriate, also based its estimates for such expenses on actual 
figures incurred in the course of its own selling activities. 
Petitioner indicates this approach is a reasonable and appropriate way 
to calculate CEP because the selling process for thermal transfer 
ribbon is uniform within the United States, and the selling activities 
performed by respondents' U.S. affiliates for their U.S. customers are 
largely the same as those performed by petitioner for its customers in 
the United States. See Petition at 49. Where known differences between 
petitioner's and respondents' operations exist, petitioner adjusted 
selling expenses accordingly to account for such differences.
    Petitioner adjusted the U.S. prices for ocean freight, marine 
insurance, U.S. duties, packaging expenses, indirect selling expenses 
incurred by the respondents' U.S. affiliates, inventory carrying costs 
in transit, and a figure for CEP profit. Where possible, these expenses 
were based upon petitioner's actual experience; where petitioner lacked 
such data, petitioner made reasonable estimates as described above. CEP 
profit for the respondent was based upon the experience of Dai Nippon 
Printing, a Japanese TTR producer. Petitioner explained this was a 
reasonable surrogate figure because no sector-specific profit data are 
available for the South Korean TTR industry. With respect to selling 
expenses incurred in South Korea, petitioner indicates there is no 
basis to believe that such expenses would differ for thermal transfer 
ribbon destined for the United States versus merchandise sold in the 
home market. Therefore, petitioner claims it is reasonable to consider 
such expenses to be equal for sales to the United States and in the 
home market. We have accepted this methodology for purposes of this 
initiation.

Normal Value

    With respect to NV, the petitioner relied upon foreign market 
research to obtain information relating to home market prices for a 
grade of TTR that is almost identical to the grade for which 
petitioners obtained U.S. pricing data. Petitioners made no deductions 
from the home market selling price because estimates of home market 
expenses were not reasonably available to petitioner. See Petition at 
50. Thus, petitioners made no deductions for expenses incurred in Korea 
in its calculations of either net U.S. price or net home market price.
    The estimated dumping margin for subject merchandise from South 
Korea, based on comparisons of CEP and NV, range between 56.6 and 59.9 
percent.

Fair Value Comparisons

    Based on the data provided by petitioner, there is reason to 
believe imports of TTR from France, Japan and South Korea are being, or 
are likely to be, sold at less than fair value.

Allegations and Evidence of Material Injury and Causation

    With respect to France, Japan and South Korea, petitioner alleges 
the U.S. industry producing the domestic like product is being 
materially injured, or threatened with material injury, by reason of 
the individual and cumulated imports of the subject merchandise sold at 
less than NV.
    Petitioner contends the industry's injured condition is evident in 
examining net operating income, profit, net sales volumes, production 
employment, as well as inventory levels, and reduced capacity 
utilization. See Petition at 84 et seq. Petitioner asserts its share of 
the market has declined from 2000 to 2002. Finally, petitioner notes 
one TTR manufacturer went out of business altogether in 2001, while 
another closed one of its coating facilities. For a full discussion of 
the allegations and evidence of material injury, see the Initiation 
Checklist at Appendix II.

Initiation of Antidumping Investigations

    Based on our examination of the Petition covering TTR, we find it 
meets the requirements of section 732 of the Tariff Act. Therefore, we 
are initiating antidumping duty investigations to determine whether 
imports of TTR from France, Japan and South Korea are being, or are 
likely to be, sold in the United States at less than fair value. Unless 
this deadline is extended pursuant to section 733(b)(1)(A) of the 
Tariff Act, we will make our preliminary determinations no later than 
140 days after the date of this initiation.

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Tariff Act, a copy 
of the public version of the Petition has been provided to 
representatives of the governments of France, Japan and South Korea. We 
will attempt to provide a copy of the public version of the Petition to 
each exporter named in the Petition, as provided in section 19 CFR 
351.203(c)(2).

Commission Notification

    The International Trade Commission will preliminarily determine no 
later than July 14, 2003, whether there is reasonable indication that 
imports of TTR from France, Japan and South Korea are causing, or 
threatening, material injury to a U.S. industry. A

[[Page 38309]]

negative Commission determination for any country will result in the 
investigation being terminated with respect to that country; otherwise, 
these investigations will proceed according to statutory and regulatory 
time limits.
    This notice is issued and published pursuant to section 777(i) of 
the Tariff Act.

    Dated: June 19, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-16341 Filed 6-26-03; 8:45 am]