[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Notices]
[Pages 59824-59825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25791]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Heavy Forged Hand Tools From the People's Republic of China: 
Initiation of New Shipper Antidumping Administrative Review

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

ACTION: Notice of initiation of New Shipper Antidumping Administrative 
Review.

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SUMMARY: The Department of Commerce (``the Department'') has received a 
request from Shandong Jinma Industrial Group Co., Ltd. (``Jinma'') to 
conduct a new shipper administrative review of the antidumping duty 
order on hammers/sledges, one of the four classes or kinds of subject 
merchandise covered by the antidumping duty orders on heavy forged hand 
tools (``HFHTs'') from the People's Republic of China (``PRC''). In 
accordance with 19 CFR 351.214(d) of the Department's regulations, we 
are initiating this administrative review.

EFFECTIVE DATE: October 6, 2000.

FOR FURTHER INFORMATION CONTACT: Frank Thomson or Howard Smith, AD/CVD 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4793 or (202) 482-5193 
respectively.

The Applicable Statute and Regulations

    Unless otherwise indicated, 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. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
current regulations, codified at 19 CFR Part 351 (1999).

Background

    On July 20, 2000, the Department received a timely request, in 
accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(c), 
for a new shipper review of the antidumping duty order on hammers/
sledges. The antidumping duty orders on HFHTs from the PRC have a 
February anniversary month and an August semiannual anniversary month. 
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).
    Pursuant to 19 CFR 351.214(b)(2)(i) and 19 CFR 
351.214(b)(2)(iii)(A), Jinma's July 20, 2000 request for review 
certified that it did not export the subject merchandise to the United 
States during the period of investigation (``POI'') and that it is not 
affiliated with any company which exported subject merchandise to the 
United States during the POI. Pursuant to 19 CFR 351.214(b)(2)(iii)(B), 
Jinma's request certified that its export activities are not controlled 
by the central government of the PRC.
    In addition, pursuant to 19 CFR 351.214(b)(2)(iv), Jinma's request 
contained documentation establishing: the date after the POI on which 
Jinma first shipped the subject merchandise for export to the United 
States, the volume of that shipment, and the date of the first sale to 
an unaffiliated customer in the United States.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide de jure and de facto evidence of an absence of government 
control over the company's export activities. See Certain Preserved 
Mushrooms from the People's Republic of China: Initiation of New 
Shipper Antidumping Duty Review, 65 FR 17257 (March 31, 2000). 
Accordingly, we will issue a separate rates questionnaire to the above-
named respondent. If respondent Jinma provides sufficient evidence that 
it is not subject to either de jure or de facto government control with 
respect to its exports of HFHTs, this review will proceed. If, on the 
other hand, Jinma does not meet its burden to demonstrate its 
eligibility for a separate rate, then Jinma will be deemed to be 
affiliated with other companies that exported during the POI and that 
did not establish entitlement to a separate rate. This review will then 
be terminated due to failure of the exporter or producer to meet the 
requirements of section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(iii)(B).

[[Page 59825]]

Initiation of Review

    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d), we are initiating a new shipper review of the antidumping 
duty order on hammers/sledges from the PRC. Therefore, we intend to 
issue the preliminary results of this review not later than 180 days 
after the date on which the review is initiated.
    Pursuant to 19 CFR 351.214(g)(1)(i)(B) of the Department's 
regulations, the period of review (``POR'') for a new shipper review 
initiated in the month immediately following the semiannual anniversary 
month will be the six-month period immediately preceding the semiannual 
anniversary month. Therefore, the POR for this new shipper is:

------------------------------------------------------------------------
                                                          Period to be
             Antidumping duty  proceeding                   reviewed
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HFHTs from the PRC, A-570-803: Shandong Jinma             2/1/00-7/31/00
 Industrial Group Co., Ltd...........................
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    Subject to receipt of an adequate separate rates questionnaire 
response from the respondent, we will instruct the U.S. Customs Service 
to suspend liquidation of unliquidated entries of subject merchandise 
from the above company and allow, at the option of the importer, the 
posting of a bond or security in lieu of a cash deposit for each entry 
of the merchandise exported by the companies listed above, until the 
completion of the review.
    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 751(a) of 
the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214.

    Dated: September 28, 2000.
Holly A. Kuga,
Acting Deputy Assistant Secretary For Import Administration.
[FR Doc. 00-25791 Filed 10-5-00; 8:45 am]
BILLING CODE 3510-DS-P