[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Pages 33901-33902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16750]
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DEPARTMENT OF COMMERCE
[A-570-843]
Notice of Amendment of Final Determination of Sales at Less Than
Fair Value: Bicycles From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 1, 1996.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson at (202) 482- 4929,
Shawn Thompson at (202) 482-1776, or James Terpstra at (202) 482-3965,
Office of Antidumping Investigations, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, D.C. 20230.
Applicable Statute and Regulations
Unless otherwise indicated, 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 by the Uruguay
Rounds Agreements Act (URAA).
Amendment to the Final Determination
We are amending the final determination of sales at less than fair
value of bicycles from the People's Republic of China (PRC), to reflect
the correction of ministerial errors made in the margin calculations in
that determination. Although the International Trade Commission (ITC)
has already issued its negative final injury determination in this
investigation, we are publishing this amendment to the final
determination in accordance with section 353.28(c) of the Department's
regulations.
Scope of Investigation
The product covered by this investigation is bicycles of all types,
whether assembled or unassembled, complete or incomplete, finished or
unfinished, including industrial bicycles, tandems, recumbents, and
folding bicycles. For purposes of this investigation, the following
definitions apply irrespective of any different definition that may be
found in Customs rulings, U.S. Customs law, or the Harmonized Tariff
Schedule of the United States (HTSUS): (1) The term ``unassembled''
means fully or partially unassembled or disassembled; (2) the term
``incomplete'' means lacking one or more parts or components with which
the complete bicycle is intended to be equipped; and (3) the term
``unfinished'' means wholly or partially unpainted or lacking decals or
other essentially aesthetic material. Specifically, this investigation
is intended to cover: (1) Any assembled complete bicycle, whether
finished or unfinished; (2) any unassembled complete bicycle, if
shipped in a single shipment, regardless of how it is packed and
whether it is finished or unfinished; and (3) any incomplete bicycle,
defined for purposes of this investigation as a frame, finished or
unfinished, whether or not assembled together with a fork, and imported
in the same shipment with any two of the following components: (a) The
rear wheel; (b) the front wheel; (c) a rear derailleur; (d) a front
derailleur; (e) any one caliper or cantilever brake; (f) an integrated
brake lever and shifter, or separate brake lever and click stick lever;
(g) crankset; (h) handlebars, with or without a stem; (i) chain; (j)
pedals; and (k) seat (saddle), with or without seat post and seat pin.
The scope of this investigation is not intended to cover bicycle
parts except to the extent that they are attached to or in the same
shipment as an unassembled complete bicycle or an incomplete bicycle,
as defined above.
Complete bicycles are classifiable under subheadings 8712.00.15,
8712.00.25, 8712.00.35, 8712.00.44, and 8712.00.48 of the 1995 HTSUS.
Incomplete bicycles, as defined above, may be classified for tariff
purposes under any of the aforementioned HTSUS subheadings covering
complete bicycles or under HTSUS subheadings 8714.91.20-8714.99.80,
inclusive (covering various bicycle parts). The HTSUS subheadings are
provided for convenience and customs purposes. The written description
of the scope of this investigation is dispositive.
Case History
In accordance with section 735(d) of the Tariff Act of 1930, as
amended (the Act), on April 30, 1996, the Department published its
final determination that bicycles from the PRC were being, or were
likely to be, sold in the United States at less than fair value (61 FR
19026). Subsequent to the final determination, we received allegations
that the Department made ministerial errors in the margin calculations.
On June 12, 1996, the Department was formally notified by the ITC
that an industry in the United States is not materially injured or
threatened with material injury, and the establishment of an industry
in the United States is not materially retarded by reason of imports of
bicycles from the PRC that are sold in the United States at less than
fair value.
Amendment of Final Determination
On May 1, 1996, Chitech Industries Ltd. (Chitech) submitted
allegations that ministerial errors were made in the Department's final
determination. On May 2, 1996, petitioners submitted ministerial error
allegations with regard to China Bicycle Co. (Holdings) Ltd. (CBC). On
May 3, 1996, CBC, CATIC Bicycle Co., Ltd. (CATIC), Giant China Co.,
Ltd. (Giant), and Hua Chin Bicycle (S.Z.) Co., Ltd. (Hua Chin)
submitted their ministerial error allegations. On May 6, 1996, Bo An
Bicycle (Shenzhen) Co., Ltd. (Bo An), Merida Bicycle (Shenzhen) Co.,
Ltd. (Merida), Shenzhen Overlord Bicycle Co., Ltd. (Overlord), and
Universal Cycle Corporation (Guangzhou) (Universal) submitted their
ministerial error allegations. Also, on May 6, 1996, petitioners
submitted additional ministerial error allegations. On May 7, 1996,
petitioners responded to CATIC, Merida, Giant, and Hua Chin's
ministerial error allegations.
For a detailed discussion of the alleged ministerial errors and the
Department analysis, see, the memo from The Team to Paul Joffe, Acting
Assistant Secretary for Import Administration, regarding Clerical Error
Allegations in the Final Determination of Bicycles From the People's
Republic of China, dated May 10, 1996. (Clerical Error Memo). Pursuant
to section 735(e) of the Act and section 353.28(c) of the Department's
regulations, we have corrected the ministerial errors in the final
determination. However, certain alleged errors were not corrected
because we determined that they were not ministerial errors. See,
Clerical Error Memo. The revised final weighted-average dumping margins
are as follows:
[[Page 33902]]
------------------------------------------------------------------------
Original
final Revised
Manufacturer/producer/ exporter margin final
percentage percentage
------------------------------------------------------------------------
Bo An......................................... 0.00 0.00
CATIC......................................... 13.67 2.02
Giant......................................... *0.97 *0.67
Hua Chin...................................... 0.00 0.00
Merida........................................ 7.44 *0.37
CBC........................................... 3.25 2.95
Overlord...................................... 0.00 0.00
Chitech (Shun Lu)............................. 2.05 *1.83
Universal..................................... 11.06 2.27
PRC-Wide...................................... 61.67 61.67
------------------------------------------------------------------------
*De minimis.
Discontinuation of Suspension of Liquidation
Although the aforementioned ministerial error corrections affect
the rates for CATIC, Giant, Merida, CBC, Chitech, and Overlord, in
accordance with section 735(c)(2) of the Act, because of the negative
determination by the ITC, we have already directed the Customs Service
to discontinue suspension of liquidation for entries of bicycles
imported from the PRC, entered or withdrawn from warehouse, for
consumption between November 9, 1995 and May 7, 1996, and to release
any bond or other security, and refund any cash deposit, posted to
secure the payment of estimated antidumping duties with respect to
these entries.
This determination is published pursuant to section 735(d) of the
Act (19 USC 1673(d)) and 19 CFR 353.20.
Dated: June 24, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-16750 Filed 6-28-96; 8:45 am]
BILLING CODE 3510-DS-P