[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Notices]
[Page 26574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11464]


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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, U.S. 
Department of Commerce.

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

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SUMMARY: On February 8, 2000, the Court of International Trade (CIT) 
affirmed the 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 Fujian Machinery & Equipment Import & 
Export Corp., et. al. v. United States,__CIT__, Slip Op. 00-15 
(February 8, 2000). No party appealed this decision. 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:  May 8, 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 October 1, 1996, the Department published its final 
results of the fourth administrative review 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, Finished or Unfinished, With or Without 
Handles, From the People's Republic of China; Final Results of 
Antidumping Administrative Review, 61 FR 51269 (October 1, 1996). On 
May 5, 1997, the Department published its amended final results of the 
fourth administrative review of HFHTs. See Heavy Forged Hand Tools from 
the People's Republic of China; Amendment of Final Result of 
Antidumping Administrative Review, 62 FR 24416 (May 5, 1997).
    On September 7, 1999, the Department filed with the CIT a consent 
motion for voluntary remand so that the Department may exclude 
statistics used as surrogate values that were found to be aberrational 
by the Department in the Final Results of Redetermination Pursuant to 
Court Remand relating to the second administrative review. The CIT 
granted the motion and remanded to the Department on September 15, 
1999.
    On November 15, 1999, the Department filed its final results 
pursuant to remand. See Final Results of Redetermination Pursuant to 
Court Remand, Fujian Machinery and Equipment Import & Export Corp., et. 
al. v. United States (November 15, 1999). On February 8, 2000, the CIT 
upheld the Department's redetermination on remand. Fujian Machinery & 
Equipment Import & Export Corp., Shandong Machinery Import & Export 
Corp., et al. v. United States,__CIT__, Slip. Op 00-15 (February 8, 
2000). Neither party appealed the CIT's decision.
    There is now a final court decision in this action; therefore, we 
are amending our final results of review for the period February 1, 
1994 through January 31, 1995. We recalculated margins on each product 
category for FMEC and SMC. The revised weighted average margins are as 
follows:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Fujian Machinery & Equipment Import & Export Corp.:
    Axes/Adzes...............................................       1.84
    Bars/Wedges..............................................       1.05
    Hammers/Sledges..........................................       1.23
    Picks/Mattocks...........................................      65.11
Shandong Machinery Import & Export Corp.:
    Bars/Wedges..............................................      25.93
    Hammers/Sledges..........................................       4.77
    Picks/Mattocks...........................................      52.82
------------------------------------------------------------------------

    Accordingly, the Department will determine, and the Customs Service 
will assess, antidumping duties on all entries subject merchandise from 
FMEC and SMC in accordance with these amended final results. For 
assessment purposes, we have calculated exporter-specific duty 
assessment rates for each class or kind of merchandise based on the 
ratio of the total amount of antidumping duties calculated for the 
examined sales during the period of review (POR) to the total quantity 
of sales examined during the POR. We calculated exporter-specific 
assessment rates because there was no information on the record which 
indicated importers of record. The Department will issue appraisement 
instructions directly to Customs. The above rates 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 recently 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: April 27, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-11464 Filed 5-5-00; 8:45 am]
BILLING CODE 3510-DS-M