[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Notices]
[Pages 24285-24286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11942]



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DEPARTMENT OF COMMERCE
[A-570-803]


Heavy Forged Hand Tools, Finished or Unfinished, With or Without 
Handles, From the People's Republic of China; Amendment of Final 
Results of Antidumping Duty 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: We are amending our final results of administrative review of 
the antidumping duty order on heavy forged hand tools, finished or 
unfinished, with or without handles (HFHTs), from the People's Republic 
of China published on April 4, 1996, to reflect the correction of a 
ministerial error made in the margin calculation in those final 
results. We are publishing this amendment to the final results in 
accordance with 19 CFR 353.28(c)(1995).

EFFECTIVE DATE: May 14, 1996.

FOR FURTHER INFORMATION CONTACT: Tom Prosser or Maureen Flannery of the 
Office of Antidumping Compliance, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, D.C. 20230; telephone (202) 482-
4733.

SUPPLEMENTARY INFORMATION:

Background

    The review covers two resellers of the subject merchandise to the 
United States, Fujian Machinery & Equipment Import & Export Corporation 
(FMEC) and Shandong Machinery Import & Export Corporation (SMC), and 
the period February 1, 1993 through January 31, 1994. The Department of 
Commerce (the Department) published the preliminary results on August 
16, 1995 (60 FR 42516), and the final results on April 4, 1996 (61 FR 
15028).

Scope of Review

    Imports covered by this review 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

[[Page 24286]]

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. This review covers two exporters of HFHTs from the PRC, FMEC and 
SMC. The review period is February 1, 1993 through January 31, 1994.

Amended Final Results

    On April 4, 1996, the respondents alleged that the Department had 
committed a ministerial error in calculating the final antidumping duty 
margin. The respondents alleged that the Department had miscalculated 
the wholesale price index (WPI) for India for the period April 1993 
through December 1993. We have reviewed this allegation, and agree with 
the respondents. We have therefore amended our final results for this 
ministerial error.

Final Results of Review

    Upon review of the allegation submitted, the Department has 
determined that the following margins exist for the period February 1, 
1993 through January 31, 1994:

------------------------------------------------------------------------
                                                                Margin  
          Manufacturer/exporter              Time period      (percent) 
------------------------------------------------------------------------
Fujian Machinery & Equipment Import &                                   
 Export Corporation:                                                    
  Axes/Adzes............................     2/1/93-1/31/94        12.90
  Bars/Wedges...........................     2/1/93-1/31/94        30.36
  Hammers/Sledges.......................     2/1/93-1/31/94        18.61
Shandong Machinery Import & Export                                      
 Corporation:                                                           
  Bars/Wedges...........................     2/1/93-1/31/94        45.19
  Hammers/Sledges.......................     2/1/93-1/31/94        16.49
  Picks/Mattocks........................     2/1/93-1/31/94        68.43
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. Individual 
differences between United States price and foreign market value may 
vary from the percentages stated above. The Department will issue 
appraisement instructions directly to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of final results of reviews for all 
shipments of HFHTs from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided for by 
section 751(a)(1) of the Act: (1) The cash deposit rates for the 
reviewed companies named above which have separate rates will be the 
rates for those firms as stated above for the classes or kinds of 
merchandise listed above; (2) for picks/mattocks from FMEC and axes/
adzes from SMC, which are not covered by this review, the cash deposit 
rates will be the rates established in the most recent review of those 
classes or kinds of merchandise in which those companies received 
separate rates--that is, the February 1, 1992 through January 31, 1993 
review; (3) for all other PRC exporters, the cash deposit rates will be 
the PRC rates established in the LTFV investigation; and (4) the cash 
deposit rates for non-PRC exporters of the subject merchandise from the 
PRC will be the rate applicable to the PRC supplier of that exporter. 
The PRC rates established in the LTFV investigations are 45.42 percent 
for hammers/sledges, 31.76 percent for bars/wedges, 50.81 percent for 
picks/mattocks, and 15.02 percent for axes/adzes. These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.
    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 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 double 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 section 353.34(d) of the Department's 
regulations. 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 administrative review and notice is in accordance with section 
751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and section 353.22 of the 
Department's regulations.

    Dated: May 6, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-11942 Filed 5-13-96; 8:45 am]
BILLING CODE 3510-DS-P