[Federal Register Volume 66, Number 209 (Monday, October 29, 2001)]
[Notices]
[Pages 54503-54505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27165]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


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

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

ACTION: Notice of final results in the antidumping duty new shipper 
administrative review of heavy forged hand tools from the People's 
Republic of China.

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SUMMARY: On August 1, 2001, the Department of Commerce (Department) 
published the preliminary results of the new shipper review of the 
antidumping duty order on hammers/sledges, one of the four antidumping 
duty orders on heavy forged hand tools (HFHTs) from the People's 
Republic of China (PRC). This review covers one manufacturer/exporter. 
The period of review (POR) is February 1, 2000 through July 31, 2000.
    Based on our analysis of the comments received, we have made 
changes to the margin calculation. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping margin 
for the reviewed firm is listed below in the section entitled Final 
Results of Review.

EFFECTIVE DATE: October 29, 2001.

FOR FURTHER INFORMATION CONTACT: Esther Chen, Tom Martin, or Ron 
Trentham, AD/CVD Enforcement Group II, Office 4, Import Administration, 
International Trade Administration, Department of Commerce, 14th Street 
and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 
482-2305, (202) 482-3936 and (202) 482-6320, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 1930 
(Act) are references to the provisions as of January 1, 1995, the 
effective date of the amendments made to the Act by the Uruguay Round 
Agreements Act (URAA). In addition, unless otherwise indicated, all 
citations to the Department's regulations are to the regulations at 19 
CFR part 351 (2000).

Background

    The Department published in the Federal Register the antidumping 
duty orders on HFHTs from the PRC on February 19, 1991. 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). On July 20, 2000, the Department received a 
request from Shandong Jinma Industrial Group Co., Ltd. (Jinma) for a 
new shipper review of the antidumping duty order on HFHTs covering 
hammers/sledges pursuant to section 751(a)(2)(B) of the Act and section 
351.214(b) of the Department's regulations. These provisions state 
that, if the Department receives from an exporter or producer of the 
subject merchandise a request for review, which states that it did not 
export the merchandise to the United States during the period covered 
by the original less-than-fair-value (LTFV) investigation and that such 
exporter or producer is not affiliated with any exporter or producer 
who exported the subject merchandise during that period, then the 
Department shall conduct a new shipper review to establish an 
individual weighted-average dumping margin for the requesting exporter 
or producer, if the Department has not previously established such a 
margin for the exporter or producer. The regulations require the 
exporter or producer to include in its request: (1) Documentation 
establishing the date on which the merchandise was first entered, or 
withdrawn from the warehouse, for consumption, or, if it cannot 
establish the date of the first entry, the date on which it first 
shipped the merchandise for export to the United States, or if the 
merchandise has not yet been shipped or entered, the date of sale; (2) 
a list, with appropriate certifications, of the firms with which it is 
affiliated; (3) a certification from such exporter or producer, and 
from each affiliated firm, that they did not, under their current or 
former names, export the merchandise during the LTFV period of 
investigation (POI), and (4) in an antidumping proceeding involving 
inputs from a nonmarket economy country, a certification that the 
export activities of such exporter or producer are not controlled by 
the central government. See 19 CFR 351.214(b)(2)(ii), (iii), and (iv); 
Statement of Administrative Action (SAA) Accompanying the URAA, H.R. 
Doc. No. 103-316, vol. 1 (1994) at 875.
    Jinma's request was accompanied by information and certifications 
establishing the date on which it first shipped the subject 
merchandise. Jinma also claimed it had no affiliated companies which 
exported hammers/sledges from the PRC during the POI. In addition, 
Jinma certified that its export activities are not controlled by the 
central government. Based on the above information, the Department 
initiated a

[[Page 54504]]

new shipper review covering Jinma. See Heavy Forged Hand Tools From the 
People's Republic of China; Initiation of New Shipper Antidumping 
Administrative Review, 65 FR 59824 (October 6, 2000). On March 26, 
2001, the Department published an extension of the deadline for 
completion of the preliminary results of this new shipper review until 
July 25, 2001. See Notice of Extension of Time Limit for Preliminary 
Results of New Shipper Antidumping Review: Heavy Forged Hand Tools, 
Finished or Unfinished, With or Without Handles, From the People's 
Republic of China, 66 FR 16444 (March 26, 2001).
    On August 1, 2001, the Department published the preliminary results 
of the new shipper review of Jinma with respect to the antidumping duty 
order on hammers/sledges from the PRC. See Notice of Preliminary 
Results of Antidumping Duty New Shipper Review: Heavy Forged Hand 
Tools, Finished or Unfinished, With or Without Handles, From the 
People's Republic of China, 66 FR 39733 (August 1, 2001). We invited 
interested parties to comment on the preliminary results of this 
review. On September 4, 2001, we received comments from the respondent 
Jinma. No rebuttal comments were received. The Department has now 
completed this new shipper review in accordance with section 751 of the 
Act.

Scope of Review

    HFHTs from the PRC comprise 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. 
This review covers shipments of one class or kind of merchandise, 
hammers and sledges with heads over 1.5 kg (3.33 pounds).
    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. This review covers the period February 
1, 2000 through July 31, 2000.

Analysis of Comments Received

    All issues raised in the briefs submitted by parties to this new 
shipper administrative review are addressed in the Issues and Decision 
Memorandum for the New Shipper Review of Heavy Forged Hand Tools from 
the People's Republic of China--February 1, 2000 through July 31, 2000 
from Bernard T. Carreau, Deputy Assistant Secretary, Import 
Administration, to Faryar Shirzad, Assistant Secretary for Import 
Administration (Decision Memorandum), dated concurrently with the 
review results and hereby adopted by this notice. A list of the issues 
which parties have raised and to which we have responded, all of which 
are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding Department positions in this 
public memorandum, which is on file at the U.S. Department of Commerce, 
in the Central Records Unit, room B-099. In addition, a complete 
version of the Decision Memorandum is accessible on the web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made the 
following changes to the margin calculation:
    1. For the surrogate value of wooden tool handles, the Department 
used Indian import data for HTS category 4417 during the period, April 
1999 through February 2000. See Comment 1 of the Decision Memorandum.
    2. For the surrogate value of electricity, the Department used an 
Indian electricity surrogate value obtained from the Energy Data 
Directory & Yearbook 1999-2000 (TEDDY). See Comment 2 of the Decision 
Memorandum
    3. In calculating surrogate values for the factors of production 
for HFHTs, the Department included all imports of inputs weighing under 
100 kilograms unless the quantity or value was found to be 
aberrational. See Memorandum From Jeff Pedersen Regarding Factors of 
Production Valuation/Analysis Memorandum for the Final Results of the 
New Shipper Review of Heavy Forged Hand Tools, Finished or Unfinished, 
With or Without Handles (HFHTs), from the People's Republic of China 
(PRC) Shandong Jinma Industrial Group Co., Ltd. (Jinma) (Analysis 
Memorandum).

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for the period February 1, 2000 through July 31, 2000:

------------------------------------------------------------------------
                                                                Margin
         Manufacturer/exporter               Time period      (percent)
------------------------------------------------------------------------
Shandong Jinma Industrial Group Co.,         2/1/00-7/31/00         0.00
 Ltd.: Hammers/Sledges.................
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the U.S. Customs Service 
(Customs) shall assess, antidumping duties on all appropriate entries. 
While Jinma's calculated dumping margin is 0 percent, we have 
calculated importer-specific assessments for Jinma's sales to the 
United States. Where the importer-specific assessment rate is above de 
minimis, we will instruct Customs to assess dumping duties on that 
importer's entries of subject merchandise.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of the new shipper 
administrative review for all shipments of hammers/sledges from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a) of the Act: (1) For 
the exporter named above, no cash deposit will be required; (2) the 
cash deposit

[[Page 54505]]

rate for PRC exporters who received a separate rate in a prior segment 
of the proceeding will continue to be the rate assigned in the most 
recent segment of the proceeding during which they were reviewed; (3) 
the cash deposit rate for the PRC-wide entity (i.e., all other 
exporters, which have not been reviewed) will continue to be 27.71 
percent; and (4) the cash deposit rate for non-PRC exporters of subject 
merchandise from the PRC will be the rate 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 review.

Notification

    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 in the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO material 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 
sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: October 23, 2001.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comments and Responses
    1. Excluding aberrational data from the Indian import data used 
in valuing wooden tool handles
    2. Use of TEDDY for Indian electricity surrogate values
[FR Doc. 01-27165 Filed 10-26-01; 8:45 am]
BILLING CODE 3510-DS-P