[Federal Register Volume 68, Number 30 (Thursday, February 13, 2003)]
[Notices]
[Pages 7347-7348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3592]
[[Page 7347]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-803]
Notice of Amended Final Antidumping Duty Administrative Reviews:
Heavy Forged Hand Tools From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative reviews.
-----------------------------------------------------------------------
EFFECTIVE DATE: February 13, 2003.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Thomas Futtner at
(202) 482-3936 or (202) 482-3814, respectively, AD/CVD Enforcement
Office IV, Group II, Import Administration, Room 1870, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2002, the Department published the final results
of review for the tenth review of heavy forged hand tools (HFHTs) from
the People's Republic of China (PRC). See Heavy Forged Hand Tools From
the People's Republic of China: Final Results and Partial Rescission of
Antidumping Duty Administrative Review and Determination Not To Revoke
in Part, 67 FR 57789 (September 12, 2002) (Final Results). On September
16, 2002, the petitioner Ames True Temper, and the respondents,
Shandong Machinery Import & Export Corporation (SMC), Tianjin Machinery
Import & Export Corporation (TMC), Liaoning Machinery Import & Export
Corporation (LMC), and Shandong Huarong General Group Corporation
(Huarong), timely filed allegations that the Department made several
ministerial errors in its final results. On September 23, 2002, the
petitioner and respondents filed rebuttal comments. On September 30,
2002, the respondents (i.e., TMC, LMC, Huarong, and SMC) filed a
summons and complaint with the U.S. Court of International Trade. On
October 8, 2002, the respondents amended their complaint to include all
four classes or kinds of merchandise. The respondents filed a second
amended complaint on November 8, 2002, whereby SMC and LMC were removed
as party-plaintiffs. The second amended complaint removed TMC's claims
with respect to bars/wedges, limiting litigation to axes/adzes,
hammers/sledges, and picks/mattocks. Huarong's claims were limited to
bars/wedges. This notice addresses the clerical error allegations
pertaining to LMC, SMC, and TMC's sales of bars/wedges.
Scope of Investigation
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/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 wood splitting 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
classifiable under the following Harmonized Tariff Schedule of the
United States (HTSUS) 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.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of the orders is
dispositive.
Allegation of Ministerial Errors
The petitioner alleges (1) that the Department made an error when
it did not publish cash deposit rates for the PRC-wide entity; (2) that
the Department miscalculated the importer-specific assessment rates;
(3) that the Department miscalculated the surrogate values for several
factors of production; (4) that the Department miscalculated marine
insurance and international freight with respect to SMC; (5) that the
Department erred when it excluded certain sales from SMC's margin
calculation; (6) that the Department miscalculated inland freight with
respect to LMC; and (7) that the Department should apply an adverse
facts available margin to LMC for the hammers/sledges class that is
higher than the PRC-wide rate. The respondents allege (1) that the
Department miscalculated two of the surrogate values that were also
cited by the petitioner; and (2) that the Department erred when it did
not exclude aberrational values from two surrogate value calculations
affecting LMC.
According to 19 CFR 351.224(e), ``the Secretary will analyze any
comments received and, if appropriate * * * correct any significant
ministerial error by amending the final determination or the final
results of review * * *'' The term ``ministerial error'' is defined
under 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.''
After reviewing the allegations made by the petitioner and
respondents, we have determined, in accordance with 19 CFR 351.224(e),
that the Final Results did include several ministerial errors. However,
we did not agree with several other allegations of ministerial errors.
For a detailed discussion of our analysis, see Memorandum from Bernard
T. Carreau, Deputy Assistant Secretary, to Faryar Shirzad, Assistant
Secretary, ``Tenth Antidumping Duty Review of Heavy Forged Hand Tools
from the People's Republic of China--Amended Final Determination,''
(Amended Final) dated February 6, 2003. Also, in addition to these
ministerial errors, the Department found a ministerial error that had
not been raised by the parties in the margin calculations for LMC, and
three ministerial errors regarding TMC's margin for sales of bars/
wedges that were not raised by the parties.
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the final results of the antidumping duty review of HFHTs from the PRC
to reflect the correction of ministerial errors made in the margin
calculations for SMC and LMC under the hammers/sledges and bars/wedges
orders, and TMC under the bars/wedges order. These firm's revised
weighted-average dumping margins are listed in the ``Amended Final
Results'' section, below.
Amended Final Results of Review
We are amending the final results of the antidumping duty review of
HFHTs from the PRC to reflect the correction of
[[Page 7348]]
certain ministerial errors, as noted in the Amended Final. The revised
final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Time period (percent)
------------------------------------------------------------------------
Liaoning Machinery Import & Export
Corporation:
Bars/Wedges......................... 2/1/00-1/31/01 0.00
Hammers/Sledges..................... 2/1/00-1/31/01 45.42
Shandong Machinery Import & Export 2/1/00-1/31/01 3.71
Corporation: Hammers/Sledges...........
Tianjin Machinery Import & Export 2/1/00-1/31/01 0.48
Corporation: Bars/Wedges...............
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), we have calculated an exporter/importer (or
customer)-specific assessment rate for merchandise subject to this
review. Where the importer-specific assessment rate is above de
minimis, we will instruct Customs to assess antidumping duties on that
importer's entries of subject merchandise. The Department will issue
appropriate assessment instructions directly to the Customs Service
within 15 days of publication of these amended final results of review.
We will direct the Customs Service to assess the resulting assessment
rates for the subject merchandise on each of the importer's/customer's
entries during the review period.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of amended final results of administrative
reviews for all shipments of HFHTs from the PRC entered, or withdrawn
from warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) The cash deposit rates
for the reviewed companies will be the rates shown above except that,
for firms whose weighted-average margins are less than 0.5 percent, and
therefore, de minimis, the Department shall require a zero deposit of
estimated antidumping duties; (2) for previously reviewed or
investigated companies with a separate rate not listed above, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) for all other PRC exporters, the cash
deposit rates will be the PRC-wide rates; (4) for all non-PRC exporters
of the subject merchandise, the cash deposit rate will be the rate
applicable to the PRC supplier of that exporter. The current PRC-wide
cash deposit rates are 18.72 percent for Axes/Adzes, 47.88 percent for
Bars/Wedges, 27.71 percent for Hammers/Sledges and 98.77 percent for
Picks/Mattocks. These deposit requirements shall remain in effect until
publication of the final results of the next administrative reviews.
Notification
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the 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 doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written 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.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act (19 U.S.C. 1675(a)(1) and 19 U.S.C. 1677f(i)(1)).
Dated: February 6, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-3592 Filed 2-12-03; 8:45 am]
BILLING CODE 3510-DS-P