[Federal Register Volume 65, Number 161 (Friday, August 18, 2000)]
[Notices]
[Pages 50499-50501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21106]


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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

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

ACTION: Notice of Amended Final Results of Administrative Reviews.

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SUMMARY: The Department of Commerce (``the Department'') is amending 
its final results of the February 1, 1998 through January 31, 1999 
administrative reviews of the antidumping duty orders on heavy forged 
hand tools (``HFHTs'') from the People's Republic of China (``PRC''). 
This amendment of the final results, which were published on July 13, 
2000 (65 FR 43290), is being made to reflect the correction of a 
ministerial error.

EFFECTIVE DATE: August 18, 2000.

FOR FURTHER INFORMATION CONTACT: Lyman Armstrong or James Terpstra, AD/
CVD Enforcement Group II, Office IV, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W.,

[[Page 50500]]

Washington, D.C. 20230; telephone (202) 482-3601 or (202) 482-3965 
respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the statute are in 
reference 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 are to the Department's regulations, 19 CFR 
part 353 (1998).

Background

    On July 13, 2000, the Department published its final results of 
administrative reviews of the antidumping duty orders on HFHTs from the 
PRC (65 FR 43290). The Department has now amended the final results of 
these reviews in accordance with section 751 of the Act.
    On July 17, 2000, we received a timely submission from three 
respondents, Liaoning Machinery Import & Export Corporation, Shandong 
Huarong General Group Corporation, and Tianjin Machinery Import & 
Export Corporation (collectively ``respondents''), alleging that the 
Department made a ministerial error by failing to consider certain 
factual information on the record pertaining to the surrogate value for 
steel billets used to produce subject merchandise. Petitioner filed 
rebuttal comments on July 21, 2000. On July 25, 2000 respondents filed 
comments on petitioner's rebuttal.
    After analyzing the submissions, we have determined, in accordance 
with 19 CFR 351.224, that a ministerial error was made in calculating 
the margins for respondents. Specifically, in determining the surrogate 
values for direct materials and packing materials, the Department 
inadvertently failed to consider certain Indian Import Statistics 
identified in respondents' March 28, 2000 submission. See Letter from 
Hume & Associates Regarding Surrogate Values (March 28, 2000). Although 
respondents alleged that the Department made a ministerial error solely 
with respect to billets, we have determined that our failure to 
consider all the factual information on the record in selecting 
surrogate values was not limited solely to billets. Rather, we found 
that the March 28, 2000 submission contained more complete information 
upon which to base the surrogate value not only for billets, but also 
for steel bar, packing materials and other direct materials. 
Examination of this information also led us to reject some of it as 
aberrant or not reflective of the type of material actually used to 
produce subject merchandise. Consequently, we are amending our final 
results by basing the surrogate values for steel billet, steel bar and 
all other direct materials and packing materials, other than pallets, 
on Indian Import statistics for the entire period of review (i.e., 
Indian Import Statistics for February 1998 through August 1998, which 
were used in the final results, as well as statistics for September 
1998 through January 1999, which were included in respondents' March 
28, 2000 submission). For a detailed discussion of the ministerial 
error allegation and the Department's analysis, see Memorandum to Troy 
H. Cribb from Holly A. Kuga, dated August 1, 2000.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final results of the antidumping duty reviews of HFHTs from the 
PRC. The revised weighted-average dumping margins are listed in the 
``Amended Final Results of the Reviews'' section below.

Scope of Reviews

    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/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 wood splitting 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 
classifiable under the following Harmonized Tariff Schedule (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. Although the HTS subheadings are provided for 
convenience and Customs purposes, our written description of the scope 
of these orders is dispositive.

Amended Final Results of the Reviews

    Based on our review of the comments discussed above, for these 
amended final results we have made changes in our final margin 
calculations and determine that the following revised weighted-average 
margins exist for the period February 1, 1998, through January 31, 
1999:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Shandong Huarong General Group Corporation:
    Axes/Adzes.............................................        70.15
    Bars/Wedges............................................        28.96
Liaoning Machinery Import & Export Corporation: Bars/Wedges        29.10
Tianjin Machinery Import & Export Corporation:
    Axes/Adzes.............................................        70.15
    Bars/Wedges............................................       139.31
    Hammers/Sledges........................................         1.17
    Picks/Mattocks.........................................         4.58
Shandong Machinery Import & Export Corporation:
    Axes/Adzes.............................................        70.15
    Bars/Wedges............................................       139.31
    Hammers/Sledges........................................        27.71
    Picks/Mattocks.........................................        98.77
PRC-wide rates:
    Axes/Adzes.............................................        70.15
    Bars/Wedges............................................       139.31
    Hammers/Sledges........................................        27.71
    Picks/Mattocks.........................................        98.77
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated an importer-specific duty assessment 
rate. With respect to both export price and constructed export price 
sales, we divided total dumping margins for the reviewed sales by the 
total entered value of those reviewed sales for each importer. We will 
direct Customs to assess the resulting percentage margins against the 
entered Customs values for the subject merchandise on each of the 
importer's entries under the order during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of the amended final results of the 
administrative reviews for all shipments of HFHTs from the PRC entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(1) of the Act: (1) The cash 
deposit

[[Page 50501]]

rates for the reviewed companies will be the rates shown above; (2) for 
companies previously found to be entitled to a company-specific rate 
and for which no review was requested, the cash deposit rates will 
continue to be the company-specific rates published for the most recent 
period reviewed; (3) for all other PRC exporters of subject 
merchandise, the cash deposit rates will be the PRC country-wide rate 
indicated above; and (4) the cash deposit rate for non-PRC exporters of 
subject merchandise from the PRC will be the rates applicable to the 
PRC supplier of that exporter. These deposit requirements shall remain 
in effect until publication of the final results of the next 
administrative reviews.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the 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 doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in accordance with 19 CFR 351.305 or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing these determinations and this notice 
in accordance with sections 751(a)(1) and 771(i) of the Act.

    Dated: August 4, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-21106 Filed 8-17-00; 8:45 am]
BILLING CODE 3510-DS-P