For Immediate Release: March 2, 2006
Large Newspaper Printing Presses and Components Thereof
Final Results of Changed Circumstances Review
On March 2, the Department of Commerce (the Department) announced the
final results of the changed circumstances review of the revoked order
on large newspaper printing presses and components thereof (LNPPs) from
Japan. The Department affirmed the September 13, 2005, preliminary results
to apply an adverse facts available rate of 59.67 percent to Tokyo Kikai
Seisakusho, Ltd. (TKS), a Japanese producer/exporter, for the 1997-1998
administrative review. The Department also rescinded the revocation of
the order with respect to TKS for the year before the entire order was
terminated. Finally, the Department determined that it will reconsider
the sunset review that resulted in revocation of the entire order.
TKS' deliberate misconduct led the Department to conduct this changed
circumstances review to protect the integrity of its proceedings. Although
the AFA rate of 59.67 percent for TKS for the 1997-1998 administrative
review has no effect on current imports of LNPPs from Japan, it replaces
the zero margin TKS had received in that review and, as a result, TKS
no longer has three consecutive administrative reviews resulting in zero
margins - a requirement for revocation from the antidumping order.
In rescinding the revocation with respect to TKS, the Department is not
reinstating the order on LNPPs from Japan. As the order was revoked under
the sunset review provision, to reinstate it, the Department first needs
to reconsider the sunset review. If, in the sunset review, the Department
finds a likelihood of continuation of dumping, the International Trade
Commission will then need to conduct its own sunset review regarding injury
to the domestic industry and make its own affirmative finding before the
order can be reinstated.
Based on information obtained from a 2004 Iowa federal court decision,
the Department learned that TKS submitted false pricing information to
the Department in the 1997-1998 antidumping administrative review of LNPPs
from Japan in an apparent attempt to avoid antidumping duties.
On May 10, 2005, the Department self-initiated a changed circumstances
review of the antidumping order to consider the court's findings and what
appropriate actions it should take.
On September 13, 2005, the Department published the preliminary results
of the changed circumstances review and determined the following with
respect to TKS:
- Because TKS provided false and incomplete information in the context
of its only sale in the 1997-1998 administrative review in which the
calculated rate was zero, a new antidumping duty rate for the 1997-1998
review should be applied based on adverse facts available.
- TKS no longer qualifies for revocation from the order based on three
consecutive administrative reviews resulting in zero dumping margins;
therefore, the company-specific revocation for TKS should be rescinded.
- Because of TKS' actions, the Department should also reconsider the
full revocation of the order under the sunset review provision of the
statute to determine whether the antidumping order should be reinstated.
These findings have been affirmed in the final results.
Next Steps: The Department will reopen for reconsideration a sunset
review approximately 30 days after publication of these final results.