[Federal Register Volume 65, Number 57 (Thursday, March 23, 2000)]
[Notices]
[Page 15615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7236]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-803


Heavy Forged Hand Tools From the People's Republic of China; 
Amended Final Results of Antidumping Duty Administrative Reviews in 
Accordance with Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of amended final results of antidumping duty 
administrative reviews in accordance with court decision.

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SUMMARY: On February 17, 1999, the Court of International Trade (CIT) 
affirmed the second remand determination of the Department of Commerce 
(the Department) arising from the administrative reviews of the 
antidumping duty orders on heavy forged hand tools (HFHTs) from the 
People's Republic of China (PRC). See Olympia Industrial, Inc., v. 
United States, Slip Op. 99-18, 36 F. Supp. 2d 414 (CIT 1999). As there 
is now a final and conclusive court decision in this segment, we are 
amending the final results of reviews in this matter and will instruct 
the U.S. Customs Service to liquidate entries subject to these amended 
final results.

EFFECTIVE DATE: March 23, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Strollo or Maureen Flannery, 
Antidumping/Countervailing Duty Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington DC 20230; telephone 
(202) 482-5255 and (202) 482-3020, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 1991, the Department issued antidumping duty orders 
on HFHTs from the PRC. See Antidumping Duty Orders: Heavy Forged Hand 
Tools, Finished or Unfinished, With or Without Handles from the 
People's Republic of China, 56 FR 6622 (February 19, 1991) (Antidumping 
Duty Orders). On September 22, 1995, the Department published its final 
results of the second administrative reviews of HFHTs for two PRC 
exporters, Fujian Machinery and Equipment Import and Export Corporation 
(FMEC) and Shandong Machinery Import and Export Corporation (SMC). See 
Heavy Forged Hand Tools from the People's Republic of China; Final 
Results of Antidumping Duty Administrative Reviews, 60 FR 49251 
(September 22, 1995) (Final Results).
    On April 10, 1997, the CIT issued an order remanding these final 
results to the Department. See Olympia Indus., Inc. v. United States, 
Slip Op. 97-44, 1999 Ct. Int'l Trade Lexis 43 (April 10, 1997). The CIT 
instructed the Department to (1) assess the reliability of PRC trading 
company data for valuing steel inputs used to produce HFHTs during the 
period of review (POR) and (2) calculate inland freight expenses based 
on the longest distance between input suppliers to the factory.
    On July 21, 1997, in accordance with the CIT's remand order, the 
Department filed its final results pursuant to remand. See Final 
Results of Redetermination Pursuant to Court Remand (July 21, 1997). In 
considering the Department's remand determination, the CIT sustained 
Commerce's recalculation of inland freight expenses. The CIT, however, 
found unreasonable the Department's rejection of the PRC import data 
without having assessed its reliability. As a result, the CIT again 
remanded the results so that the Department might consider whether the 
PRC trading companies' steel input data was the best information 
available to value the factors of production. Olympia Industrial, Inc. 
v. United States, Slip Op. 98-49, 7 F. Supp. 2d 997 (CIT 1998).
    On August 31, 1998, in accordance with the CIT's second remand 
order, the Department filed its second final results pursuant to 
remand. See Final Results of Redetermination Pursuant to Court Remand, 
Olympia Indus., Inc. v. United States (August 31, 1998). In this 
redetermination, the Department first examined the pricing data 
regarding steel inputs imported into the PRC. The Department determined 
that the prices paid by the trading company for these imported steel 
inputs were aberrationally low. Therefore, the Department determined 
that the PRC trading company pricing data were unreliable and, hence, 
unacceptable for purposes of valuing the steel inputs used to produce 
the HFHTs. On February 17, 1999, the CIT upheld the Department's second 
redetermination on remand. Olympia Industrial, Inc. v. United States, 
36 F. Supp. 2d 414. Neither party appealed the CIT's decision.
    There is now a final and conclusive court decision in this action; 
therefore, we are amending our final results of review for the period 
February 1, 1992 through January 31, 1993. We recalculated margins on 
each product category for FMEC and SMC. The revised weighted average 
margins are as follows:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/Exporter                      (percent)
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Fujian Machinery & Equipment Import & Export Corp.:
  Axes/Adzes................................................       14.23
  Bars/Wedges...............................................       47.88
  Hammers/Sledges...........................................       27.71
  Picks/Mattocks............................................       89.70
Shandong Machinery Import & Export Corp.:
  Axes/adzes................................................       14.23
  Bars/Wedges...............................................       33.87
  Hammers/Sledges...........................................       22.44
  Picks/Mattocks............................................       36.62
------------------------------------------------------------------------

    Accordingly, the Department will determine, and the Customs Service 
will assess, anticumping duites on all entries of subject merchandise 
from FMEC and SMC in accordance with these amended final results. For 
assessment purposes, we have calcualted importer-specific duty 
assessment rates for each class or kind of merchandise based on the 
ratio of the total amount of anticumping duties calculated for the 
examined sales furing the POR to the total quantity of sales examined 
during the POR. The Department will issue appraisement instructions 
directly to Customs. The above rate will not affect FMEC or SMC's cash 
deposit rates currently in effect, which continue to be based on the 
margins found to exist in the most recent completed review.
    This notice is published in accordance with section 751(a)(1) of 
the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.221.

    Dated: March 15, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-7236 Filed 3-22-00; 8:45 am]
BILLING CODE 3510-DS-P