[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Notices]
[Pages 24416-24417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11653]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-803]


Heavy Forged Hand Tools from the People's Republic of China: 
Notice of Amendment of Final Results of Antidumping 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: The Department of Commerce (the Department) is amending its 
final results of administrative reviews of the antidumping duty orders 
on heavy forged hand tools (HFHTs) from the People's Republic of China 
(PRC), published on October 1, 1996, to reflect the correction of 
ministerial errors made in the margin calculations for those final 
results. We are publishing this amendment to the final results in 
accordance with 19 CFR 353.28(c).

EFFECTIVE DATE: May 5, 1997.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Maureen Flannery, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington D.C. 20230; telephone (202) 482-4733.

Applicable Statute

    Unless otherwise stated, 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 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
current regulations, as amended by the interim regulations published in 
the Federal Register on May 11, 1995 (60 FR 25130).

SUPPLEMENTARY INFORMATION:

Background

    On April 5, 1996, the Department published the preliminary results 
of our administrative review of HFHTs from the PRC (61 FR 15218) for 
the period February 1, 1994 through January 31, 1995. We published the 
final results of review on October 1, 1996 (61 FR 51269). On October 7, 
1996, we received a timely allegation from respondents Fujian Machinery 
& Equipment Import & Export Corporation (FMEC) and Shandong Machinery 
Import & Export Corporation (SMC) that the Department made ministerial 
errors in the final results. These errors were not corrected by the 
Department prior to the time the parties filed suit with the Court of 
International Trade (CIT). Therefore, leave was requested to correct 
the clerical errors in this case. On March 6, 1997, the CIT issued an 
order granting leave to the Department to correct ministerial errors in 
these final results.

Scope of Review

    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 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.

Amended Final Results

    On October 7, 1996, FMEC and SMC alleged that the Department 
committed ministerial errors in calculating the final antidumping duty 
margin. Respondents alleged that, in the calculation sheet for bars 
exported by SMC, the Department included one observation twice, which 
led to the misalignment of the column for per unit foreign inland 
freight.
    Second, the respondents alleged that the Department made errors in 
calculating the factor values for anti-damp paper, the iron knot/iron 
button, and resin glue. Specifically, respondents claim that the 
Department made clerical errors in determining which import values were 
too small to be included in the overall weighted averages the 
Department calculated for these factor values.
    We have reviewed these allegations, and agree with respondents in 
part. We agree that we included one observation twice in the 
calculation sheet for bars exported by SMC, which resulted in a 
misalignment of the inland freight column in the calculation sheet. We 
have amended the final results by deleting the duplicate observation. 
We also agree with respondents that we incorrectly calculated the 
factor value for resin glue. We have recalculated this factor value by 
adding imports from Denmark to, and subtracting imports from the United 
Arab Emirates from, the weighted average calculation. As a result of 
these corrections, the margin for bars exported from SMC has changed 
from 42.97 percent to 42.11 percent. No other margins were affected.
    We disagree with respondents that we incorrectly calculated factor 
values for anti-damp paper and the iron knot/iron button. With respect 
to anti-damp paper, we note that our final factor value memorandum 
inaccurately stated that we did not include Swedish imports in our 
weighted-average factor value calculation. However, it is clear from 
the factor value calculation sheet attached to our analysis memorandum 
that we did include Swedish data in the weighted-average factor value 
for anti-damp paper. The analysis memorandum should state that we did 
not include imports from the United Kingdom and Switzerland. See Final 
Analysis Memorandum dated September 23, 1996, and Final Factor Value 
Memorandum dated September 23, 1996, on file in room B-099 of the 
Commerce Department.
    With respect to the iron knot/iron button, respondents are 
incorrect in stating that the import data show that the quantity 
imported from the Netherlands was 130 kgs., and that, if

[[Page 24417]]

we excluded that quantity, we should have also excluded imports from 
Switzerland of 123 kgs. in our factor value calculation. The import 
data show that the quantity imported from the Netherlands was 60 kgs., 
rather than 130 kgs., as respondents state. Data for imports from 
Switzerland (113 kgs.), which we did include in the weighted-average 
factor value for the iron knot/iron button, were significantly greater. 
Therefore, we properly included imports from Switzerland in the 
weighted average factor value calculation.

Amended Final Results of Review

    Upon review of the submitted allegation, the Department has 
determined that the following margins exist for the period February 1, 
1994 through January 1, 1995:

------------------------------------------------------------------------
                                                                 Margin 
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Fujian Machinery & Equipment Import & Export Corp.:                     
  Axes/Adzes.................................................       8.74
  Bars/Wedges................................................      13.20
  Hammers/Sledges............................................       7.44
  Picks/Mattocks.............................................      83.47
Shandong Machinery Import & Export Corp.:                               
  Bars/Wedges................................................      42.11
  Hammers/Sledges............................................      14.70
  Picks/Mattocks.............................................      70.31
PRC-Wide Rates:                                                         
  Axes/Adzes.................................................      21.92
  Bars/Wedges................................................      66.32
  Hammers/Sledges............................................      44.41
  Picks/Mattocks.............................................     108.20
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. Individual 
differences between United States price and normal value may vary from 
the percentages stated above. The Department will issue appraisement 
instructions directly to the Customs Service.
    There is no change to the current cash deposit requirement for 
shipments of HFHTs from the PRC. The current cash deposit rates were 
established in the final results of administrative review of these 
orders for the February 1, 1995 through January 31, 1996 period, 62 FR 
11813, March 13, 1997.
    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 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 amendment of final results of review and notice are in 
accordance with section 751(h) of the Act (19 U.S.C. 1675(h)) and 19 
CFR 353.28(c).

    Dated: April 29, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-11653 Filed 5-2-97; 8:45 am]
BILLING CODE 3510-DS-P