[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)] [Notices] [Pages 23484-23485] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-11149] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION Heavy Forged Handtools From the People's Republic of China AGENCY: United States International Trade Commission. ACTION: Request for comments regarding the institution of a section 751(b) review investigation concerning the Commission's affirmative determinations in investigation No. 731-TA-457 (Final), Heavy Forged Handtools from the People's Republic of China. ----------------------------------------------------------------------- SUMMARY: The Commission invites comments from the public on whether changed circumstances exist sufficient to warrant the institution of an investigation pursuant to section 751(b) of the Tariff Act of 1930 (19 U.S.C. 1675(b)) (the Act) to review the Commission's affirmative determinations in the above investigation. The purpose of the proposed review investigation is to determine whether partial revocation of the existing antidumping order on imports of heavy forged handtools from the People's Republic of China (China) would be likely to lead to continuation or recurrence of material injury to the affected domestic industry within a reasonably foreseeable time. 19 U.S.C. 1675a(a)(1). In particular, the Commission must determine whether, in the absence of an antidumping order covering these products, subject imports of picks and mattocks from China would be likely to lead to continuation or recurrence of material injury to the domestic industry producing such products.1 Picks and mattocks are provided for in subheading 8201.30.00 of the Harmonized Tariff Schedule of the United States. --------------------------------------------------------------------------- \1\ In the 1991 investigation of heavy forged handtools from China, the Commission found four separate like products corresponding to the four classes or kinds of articles defined by the Department of Commerce (Commerce) to be within the scope of investigation. One of the four like products found was ``picks and mattocks, with or without handles'' (digging tools). Accordingly, the Commission found a separate domestic industry producing these products. FOR FURTHER INFORMATION CONTACT: Vera Libeau (202-205-3176), Office of Investigations, U.S. International Trade Commission, 500 E Street, S.W., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov or ftp://ftp.usitc.gov). SUPPLEMENTARY INFORMATION: Background. On February 11, 1991, the Commission issued an affirmative injury determination with respect to picks and mattocks in the context of its determinations in Heavy Forged Handtools from the People's Republic of China, Inv. No. 731-TA-457 (Final) (56 F.R. 7060, Feb. 21, 1991). The Commission made four separate affirmative determinations covering the following classes or kinds of heavy forged handtools: (1) Hammers and sledges, with heads weighing two pounds or more, with or without handles (striking tools); (2) all bar tools, track tools, and wedges (bar tools); (3) picks and mattocks, with or without handles (digging tools); and, (4) axes, adzes and hewing tools, other than machetes, with or without handles (hewing tools). Commerce issued an antidumping order covering all four categories of tools. On April 16, 1997, the Commission received a request to review its affirmative determination with respect to picks and mattocks in light of changed circumstances (the request), pursuant to section 751(b) of the Act (19 U.S.C. 1675(b)). The request was filed by counsel on behalf of Olympia Industrial, Inc. (Olympia), a major importer and distributor of heavy forged handtools, including picks and mattocks. The alleged changed circumstances include: (1) Cessation of U.S. production of picks and mattocks, at least for commercial markets; (2) lack of competition between imports and U.S.-made picks and mattocks; (3) the argument that any production decline in the United States since imposition of the antidumping order is not the ``natural and direct result'' of the order, and; (4) the argument that prices of imports of picks and mattocks from nonsubject countries, such as Mexico, Poland, and India, are lower than prices of imports of picks and mattocks from China. Written Comments Requested Pursuant to section 207.45(b) of the Commission's Rules of Practice and Procedure (19 C.F.R. 207.45(b)), the Commission requests comments concerning whether the alleged changed circumstances are sufficient to warrant institution of a review investigation. Written Submissions In accordance with section 201.8 of the Commission's rules (19 C.F.R. 201.8), the signed original and 14 copies of all written submissions must be filed with the Secretary to the Commission, 500 E Street, S.W., Washington, DC 20436. All comments must be filed no later than 30 days after the date of publication of this notice in the Federal Register. The Commission's determination regarding initiation of a review investigation is due within 30 days of the close of the comment period. Any person desiring to submit a document (or portion thereof) to the Commission in confidence must request business confidential treatment under section 201.6 of the Commission's rules [[Page 23485]] (19 C.F.R. 201.6). Such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. Each sheet must be clearly marked at the top ``Confidential Business Information.'' The Commission will either accept the submission in confidence or return it. All nonconfidential written submissions will be available for public inspection in the Office of the Secretary. Copies of the non-business proprietary version of the request and any other documents in this matter are available for public inspection during regular business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary to the Commission; telephone 202-205-2000. Issued: April 23, 1997. By order of the Commission. Donna R. Koehnke, Secretary. [FR Doc. 97-11149 Filed 4-29-97; 8:45 am] BILLING CODE 7020-02-P