[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Notices]
[Pages 24416-24417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11653]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-803]
Heavy Forged Hand Tools from the People's Republic of China:
Notice of Amendment of Final Results of Antidumping Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Amendment of Final Results of Antidumping Duty
Administrative Review.
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SUMMARY: The Department of Commerce (the Department) is amending its
final results of administrative reviews of the antidumping duty orders
on heavy forged hand tools (HFHTs) from the People's Republic of China
(PRC), published on October 1, 1996, to reflect the correction of
ministerial errors made in the margin calculations for those final
results. We are publishing this amendment to the final results in
accordance with 19 CFR 353.28(c).
EFFECTIVE DATE: May 5, 1997.
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Maureen Flannery,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington D.C. 20230; telephone (202) 482-4733.
Applicable Statute
Unless otherwise stated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
SUPPLEMENTARY INFORMATION:
Background
On April 5, 1996, the Department published the preliminary results
of our administrative review of HFHTs from the PRC (61 FR 15218) for
the period February 1, 1994 through January 31, 1995. We published the
final results of review on October 1, 1996 (61 FR 51269). On October 7,
1996, we received a timely allegation from respondents Fujian Machinery
& Equipment Import & Export Corporation (FMEC) and Shandong Machinery
Import & Export Corporation (SMC) that the Department made ministerial
errors in the final results. These errors were not corrected by the
Department prior to the time the parties filed suit with the Court of
International Trade (CIT). Therefore, leave was requested to correct
the clerical errors in this case. On March 6, 1997, the CIT issued an
order granting leave to the Department to correct ministerial errors in
these final results.
Scope of Review
Imports covered by these reviews are shipments of HFHTs from the
PRC comprising the following classes or kinds of merchandise: (1)
Hammers and sledges with heads over 1.5 kg (3.33 pounds) (hammers/
sledges); (2) bars over 18 inches in length, track tools and wedges
(bars and wedges); (3) picks/mattocks; and (4) axes/adzes.
HFHTs include heads for drilling, hammers, sledges, axes, mauls,
picks, and mattocks, which may or may not be painted, which may or may
not be finished, or which may or may not be imported with handles;
assorted bar products and track tools including wrecking bars, digging
bars and tampers; and steel woodsplitting wedges. HFHTs are
manufactured through a hot forge operation in which steel is sheared to
required length, heated to forging temperature, and formed to final
shape on forging equipment using dies specific to the desired product
shape and size. Depending on the product, finishing operations may
include shot-blasting, grinding, polishing and painting, and the
insertion of handles for handled products. HFHTs are currently provided
for under the following Harmonized Tariff System (HTS) subheadings:
8205.20.60, 8205.59.30, 8201.30.00, and 8201.40.60. Specifically
excluded are hammers and sledges with heads 1.5 kg (3.33 pounds) in
weight and under, hoes and rakes, and bars 18 inches in length and
under.
Amended Final Results
On October 7, 1996, FMEC and SMC alleged that the Department
committed ministerial errors in calculating the final antidumping duty
margin. Respondents alleged that, in the calculation sheet for bars
exported by SMC, the Department included one observation twice, which
led to the misalignment of the column for per unit foreign inland
freight.
Second, the respondents alleged that the Department made errors in
calculating the factor values for anti-damp paper, the iron knot/iron
button, and resin glue. Specifically, respondents claim that the
Department made clerical errors in determining which import values were
too small to be included in the overall weighted averages the
Department calculated for these factor values.
We have reviewed these allegations, and agree with respondents in
part. We agree that we included one observation twice in the
calculation sheet for bars exported by SMC, which resulted in a
misalignment of the inland freight column in the calculation sheet. We
have amended the final results by deleting the duplicate observation.
We also agree with respondents that we incorrectly calculated the
factor value for resin glue. We have recalculated this factor value by
adding imports from Denmark to, and subtracting imports from the United
Arab Emirates from, the weighted average calculation. As a result of
these corrections, the margin for bars exported from SMC has changed
from 42.97 percent to 42.11 percent. No other margins were affected.
We disagree with respondents that we incorrectly calculated factor
values for anti-damp paper and the iron knot/iron button. With respect
to anti-damp paper, we note that our final factor value memorandum
inaccurately stated that we did not include Swedish imports in our
weighted-average factor value calculation. However, it is clear from
the factor value calculation sheet attached to our analysis memorandum
that we did include Swedish data in the weighted-average factor value
for anti-damp paper. The analysis memorandum should state that we did
not include imports from the United Kingdom and Switzerland. See Final
Analysis Memorandum dated September 23, 1996, and Final Factor Value
Memorandum dated September 23, 1996, on file in room B-099 of the
Commerce Department.
With respect to the iron knot/iron button, respondents are
incorrect in stating that the import data show that the quantity
imported from the Netherlands was 130 kgs., and that, if
[[Page 24417]]
we excluded that quantity, we should have also excluded imports from
Switzerland of 123 kgs. in our factor value calculation. The import
data show that the quantity imported from the Netherlands was 60 kgs.,
rather than 130 kgs., as respondents state. Data for imports from
Switzerland (113 kgs.), which we did include in the weighted-average
factor value for the iron knot/iron button, were significantly greater.
Therefore, we properly included imports from Switzerland in the
weighted average factor value calculation.
Amended Final Results of Review
Upon review of the submitted allegation, the Department has
determined that the following margins exist for the period February 1,
1994 through January 1, 1995:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
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Fujian Machinery & Equipment Import & Export Corp.:
Axes/Adzes................................................. 8.74
Bars/Wedges................................................ 13.20
Hammers/Sledges............................................ 7.44
Picks/Mattocks............................................. 83.47
Shandong Machinery Import & Export Corp.:
Bars/Wedges................................................ 42.11
Hammers/Sledges............................................ 14.70
Picks/Mattocks............................................. 70.31
PRC-Wide Rates:
Axes/Adzes................................................. 21.92
Bars/Wedges................................................ 66.32
Hammers/Sledges............................................ 44.41
Picks/Mattocks............................................. 108.20
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The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Individual
differences between United States price and normal value may vary from
the percentages stated above. The Department will issue appraisement
instructions directly to the Customs Service.
There is no change to the current cash deposit requirement for
shipments of HFHTs from the PRC. The current cash deposit rates were
established in the final results of administrative review of these
orders for the February 1, 1995 through January 31, 1996 period, 62 FR
11813, March 13, 1997.
This notice serves as a final reminder to importers of their
responsibility under section 353.26 of the Department's regulations to
file a certificate regarding reimbursement of antidumping duties prior
to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of double antidumping duties.
This amendment of final results of review and notice are in
accordance with section 751(h) of the Act (19 U.S.C. 1675(h)) and 19
CFR 353.28(c).
Dated: April 29, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-11653 Filed 5-2-97; 8:45 am]
BILLING CODE 3510-DS-P