[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]


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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.

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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.
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    \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