Vol. 60 No. 163 Wednesday, August 23, 1995 p 43771 (Notice) A-122-057 Replacement Parts for Self-Propelled Bituminous Paving Equipment from Canada; Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, and Intent to Revoke Antidumping Duty Finding AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, and Intent to Revoke Antidumping Duty Finding. SUMMARY: In response to requests from the Blaw-Knox Construction Equipment Corporation (Blaw-Knox), the petitioner in this proceeding, and the Road Machinery Division of Ingersoll-Rand Company (IR), the only respondent in the administrative reviews covering the periods September 1, 1991 through August 31, 1992 (1991-92) and September 1, 1992 through August 31, 1993 (1992-93), the Department of Commerce (the Department) is initiating a changed circumstances antidumping duty administrative review and issuing a notice of intent to revoke the antidumping duty finding. Blaw- Knox has filed a submission stating that it no longer has any interest in the antidumping finding. In addition, the petitioner has consulted with interested parties who are known to them to be involved in the U.S. production of replacement parts, Barber-Greene and Cedarapids, and did not find any opposition to the revocation of the finding. Blaw-Knox and IR also requested that this revocation be retroactive to the beginning of the 1991-92 administrative review period, September 1, 1991. Therefore, based on the fact that domestic interested parties are no longer interested in the antidumping duty finding on self-propelled bituminous paving equipment from Canada, we intend to revoke the finding. The revocation will apply to all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after September 1, 1991. We invite interested parties to comment on these preliminary results and our intent to revoke the finding. EFFECTIVE DATE: August 23, 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, N.W., Washington, D.C. 20230; telephone: (202) 482-2786. SUPPLEMENTARY INFORMATION: Background Pursuant to section 751(d) and 782(h) of the Tariff Act of 1930, as amended (1995) (the Act), the Department may revoke an antidumping duty order based on a review under section 751(b) of the Act (i.e., a changed circumstances review). Section 751(b)(1) of the Act requires a changed circumstances administrative review to be conducted upon receipt of a request containing sufficient information concerning changed circumstances. On September 7, 1977, the Department published the antidumping finding on replacement parts for self-propelled bituminous paving equipment from Canada. On August 1, 1995, Blaw-Knox submitted a letter to the Department stating that it has no further interest in the antidumping duty finding on replacement parts for self- propelled bituminous paving equipment from Canada and requested retroactive revocation for all entries of subject merchandise made on or after September 1, 1991. September 1, 1991, is the beginning of the review period for the earliest period for which there is no completed administrative review; there are pending reviews for the 1991-92 and 1992-93 review periods. The request is based on changed circumstances in accordance with 19 CFR 353.25(d)(1994). In addition, Blaw-Knox has consulted with the other major U.S. producers of replacement parts, Barber-Greene and Cedarapids, and did not find any opposition to the revocation of the finding. This changed circumstances administrative review covers all producers and/or exporters of the subject merchandise and all shipments of this merchandise to the United States. Scope of the Reviews Imports covered by this changed circumstances review are replacement parts for self-propelled bituminous paving equipment, excluding attachments and parts for attachments. This merchandise is currently classifiable 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. Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, and Intent To Revoke the Finding The Department's regulations at 19 CFR 353.25(d)(2) require the Department to conduct a changed circumstances administrative review under section 353.22(f) based upon an affirmative statement of no interest from the petitioner in the proceeding. Section 353.25(d)(1)(i) further provides that the Department may revoke an order or revoke an order in part if it determines that the order under review is no longer of interest to interested parties. In addition, in the event that the Department concludes that expedited action is warranted, section 353.22(f)(4) of the regulations permit the Department to combine the notices of initiation and preliminary results. Therefore, in accordance with sections 751(d) and 782(h) of the Act and 19 CFR 353.25(d) and 353.22(f), based on an affirmative statement of no interest in the proceeding by the petitioner Blaw-Knox, we are initiating this changed circumstances administrative review. Further, based on the petitioner's affirmative statement of no further interest in these proceedings, not opposed by statements of interest by other domestic interested parties, we determine that expedited action is warranted, and we preliminarily determine that the finding on replacement parts for self-propelled bituminous paving equipment from Canada is no longer of interest to domestic interested parties. Because we have concluded that expedited action is warranted, we are combining the notice of initiation and preliminary results. We are hereby notifying the public of our preliminary determination to revoke this antidumping duty finding. If this preliminary determination to revoke this finding is made final, the effective date of the revocation will be September 1, 1991, the beginning of the currently pending 1991-92 administrative review. If final revocation occurs, we intend to instruct the U.S. Customs Service (Customs) to liquidate without regard to antidumping duties all entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of revocation in accordance with 19 CFR 353.25(d)(5). We also intend to instruct Customs to refund with interest any estimated antidumping duties collected with respect to entries made on or after September 1, 1991, in accordance with section 778 of the Act. The current requirement for a cash deposit of estimated antidumping duties will continue until publication of the final results of this changed circumstances administrative review. Public Comment Interested parties may request a hearing within 10 days of the date of publication of this notice. Case briefs and/or other written comments from interested parties may be submitted not later than 14 days after the date of publication of this notice. Rebuttal briefs, limited to arguments raised in case briefs, may be submitted seven days after the time limit for filing case briefs. Copies of case briefs and rebuttal briefs must be served on interested parties in accordance with section 353.31(e) of the Department's regulations (1994). Persons interested in attending the hearing should contact the Department for the date and time of the hearing. Representatives of parties to the proceeding may request disclosure of proprietary information under administrative protective order no later than 10 days after the representative's client or employer becomes a party to the proceeding, but in no event later than the date the case briefs, under 19 CFR 353.38(c)(1994), are due. The Department will publish the final results of this changed circumstances administrative review and its decision on revocation of this antidumping duty finding, as well as the results of its analysis of issues raised in any case or rebuttal brief. This notice also serves as a preliminary reminder to parties subject to administrative protective 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 notice of changed circumstances administrative review and intent to revoke are in accordance with sections 751 (b)(1) and (d) of the Act (19 U.S.C. 1675 (b)(1) and (d) (1995)) and 19 CFR 353.22(f) and 353.25(d) (1994). Dated: August 16, 1995. Susan G. Esserman, Assistant Secretary for Import Administration.