[Federal Register: March 12, 2004 (Volume 69, Number 49)]
[Notices]
[Page 11834-11835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr04-28]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-588-863)
Notice of Final Determination of Sales at Less Than Fair Value
and Affirmative Final Determination of Critical Circumstances: Wax and
Wax/Resin Thermal Transfer Ribbons from Japan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Determination of Sales at Less Than Fair Value
and Affirmative Final Determination of Critical Circumstances: Wax and
Wax/Resin Thermal Transfer Ribbons (TTR) from Japan.
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EFFECTIVE DATE: March 12, 2004.
FOR FURTHER INFORMATION CONTACT: James Doyle at (202) 482-0159 or Paul
Walker at (202) 482-0413; Office of AD/CVD Enforcement IX, Group III,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Case History
The preliminary determination in this investigation was published
on December 22, 2003. See Notice of Preliminary Determination of Sales
at Less Than Fair Value: Wax and Wax/Resin Thermal Transfer Ribbons
From France, 68 FR 71068 (December 22, 2003) (Preliminary
Determination). Since the publication of the Preliminary Determination,
the following events have occurred. On December 24, 2003 Union Chemicar
Company Limited (UC) submitted critical circumstances information. On
January 5 and January 16, 2004, petitioner, International Imaging
Materials, Inc. (IIMAK), submitted additional comments regarding its
allegation that respondents in the three investigations of TTR (France,
Japan, and South Korea) would attempt to circumvent the order by
slitting jumbo rolls in third countries, and its request that the
Department therefore determine that slitting does not change the
country of origin of TTR for antidumping purposes. On January 9, 2004,
Armor, S.A. (Armor), the sole respondent in the French investigation,
submitted additional comments on the country-of-origin issue. On
January 16, 2004 Dai Nippon Printing Company Limited (DNP) submitted a
request for a hearing. On February 9, 2004 the Department rejected the
critical circumstances submissions made by both DNP and UC. On February
10, 2004 DNP and the Petitioner submitted case briefs. Additionally, on
February 10, 2004 the Department rejected DNP's case brief because it
contained the proprietary critical circumstances data which the
Department had rejected on February 9, 2004. On February 13, 2004 DNP
resubmitted its case brief. On February 17, 2004 DNP, UC and the
Petitioner submitted rebuttal briefs. On February 20, 2004 we held a
hearing on TTR from Japan. Additionally, on February 20, 2004, Ricoh
Company Limited and Ricoh Electronics Inc. (collectively, Ricoh)
submitted critical circumstances data. On February 23, 2004, the
Department rejected Ricoh's critical circumstances data. On February
27, 2004, Fujicopian Company Limited submitted arguments supporting
Ricoh's critical circumstances arguments. Please see the Preliminary
Determination for a history of all previous comments submitted in this
case.
Scope of Investigation
This investigation covers wax and wax/resin thermal transfer
ribbons (TTR), in slit or unslit (``jumbo'') form originating from
Japan 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*<35, -20<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 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.
Please see the Issues and Decision Memorandum which accompanies
this Federal Register notice regarding the country of origin for TTR
from Japan.
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 U.S. Customs and Border Protection (CBP)
purposes; however, the written description of the scope of the
investigation is dispositive.
Period of Investigation (POI)
The POI is April 1, 2002, through March 31, 2003. This period
corresponds to the four most recent fiscal quarters prior to the month
of filing of the petition (i.e., June 2003) involving imports from a
market economy, in accordance with our regulations. See 19 CFR Sec.
351.204(b)(1).
Facts Available
In the Preliminary Determination, we based the dumping margin for
the mandatory respondents, DNP and UC, on adverse facts available
pursuant to sections 776(a) and 776(b) of the Act. The use of adverse
facts available was warranted in this investigation because DNP
withdrew its questionnaire responses from the record and UC failed to
respond to any part of the antidumping duty questionnaire issued by the
Department. See Preliminary Determination, 68 FR at 42386. The
withdrawal of such information significantly impeded this proceeding
because the Department could not accurately determine a margin without
responses to our questionnaires. In addition, we found that DNP and UC
failed to cooperate to the best of their ability. We assigned DNP and
UC the highest margin stated in the notice of initiation. See Notice of
Initiation of Antidumping Duty Investigation: Thermal Transfer Ribbons
From France, Japan and the Republic of Korea, 68 FR 38305 (June 27,
2003). A complete explanation of the selection, corroboration, and
application of adverse facts available can be found in the Preliminary
Determination. See Preliminary Determination, 68 FR at 71070-71.
[[Page 11835]]
Since the publication of the Preliminary Determination, no
interested parties have commented on our application of adverse facts
available with respect to the LTFV determination. Accordingly, for the
final determination, we continue to use the highest margin stated in
the notice of initiation for DNP and UC. The ``All Others'' rate
remains unchanged as well.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the ``Issues and Decision
Memorandum for the Final Results of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances: Wax and Wax/
Resin Thermal Transfer Ribbons from Japan'' from Joseph Spetrini to
James J. Jochum (March 1, 2004) (Decision Memo), which is hereby
adopted by this notice. A list of the issues which parties raised and
to which we respond in the Decision Memo is attached to this notice as
an Appendix. The Decision Memo is a public document and is on file in
the Central Records Unit, Main Commerce Building, Room B-099, and is
accessible on the Web at http://www.ia.ita.doc.gov.
Final Critical Circumstances Determination
On November 26, 2003 the petitioner in this investigation,
International Imaging Materials Inc. (IIMAK), submitted an allegation
of critical circumstances with respect to imports of wax and wax/resin
thermal transfer ribbons from Japan. On December 22, 2003, the
Department issued its Preliminary Determination that it had reason to
believe or suspect critical circumstances exist with respect to imports
of TTR from Japan. See Preliminary Determination, 68 FR at 71074-76. We
now find that critical circumstances exist for imports of wax and wax/
resin thermal transfer ribbons from Japan. See Decision Memo at Comment
2.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing CBP to continue to suspend liquidation of all entries of
subject merchandise from Japan, that are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
Preliminary Determination for ``all other'' Japanese exporters. The
Department will direct CBP to suspend liquidation of all entries of TTR
from Japan that are entered, or withdrawn from warehouse, on or after
90 days before the date of publication of the Preliminary Determination
for DNP and UC. CBP shall continue to require a cash deposit or posting
of a bond equal to the estimated amount by which the normal value
exceeds the U.S. price as shown below. This suspension of liquidation
instructions will remain in effect until further notice.
We determine that the following dumping margins exist for the POI:
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Manufacturer/exporter Margin (percent)
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DNP.................................................. 147.30
UC................................................... 147.30
All Others........................................... 106.60
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. The ITC will
determine, within 45 days, whether imports of subject merchandise from
Japan are causing material injury, or threaten material injury, to an
industry in the United States. If the ITC determines that material
injury or threat of injury does not exist, this proceeding will be
terminated and all securities posted will be refunded or canceled. If
the ITC determines that such injury does exist, the Department will
issue an antidumping duty order directing CBP officials to assess
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse for consumption on or after the effective
date of the suspension of liquidation.
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR 351.305.
Timely notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: March 1, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
APPENDIX
List of Issues
1. Country of Origin
2. Critical Circumstances
[FR Doc. 04-5655 Filed 3-11-04; 8:45 am]
BILLING CODE 3510-DS-S