[Federal Register Volume 68, Number 30 (Thursday, February 13, 2003)]
[Notices]
[Pages 7347-7348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3592]



[[Page 7347]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Notice of Amended Final Antidumping Duty Administrative Reviews: 
Heavy Forged Hand Tools From the People's Republic of China

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

ACTION: Notice of amended final results of antidumping duty 
administrative reviews.

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EFFECTIVE DATE: February 13, 2003.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Thomas Futtner at 
(202) 482-3936 or (202) 482-3814, respectively, AD/CVD Enforcement 
Office IV, Group II, Import Administration, Room 1870, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On September 12, 2002, the Department published the final results 
of review for the tenth review of heavy forged hand tools (HFHTs) from 
the People's Republic of China (PRC). See Heavy Forged Hand Tools From 
the People's Republic of China: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review and Determination Not To Revoke 
in Part, 67 FR 57789 (September 12, 2002) (Final Results). On September 
16, 2002, the petitioner Ames True Temper, and the respondents, 
Shandong Machinery Import & Export Corporation (SMC), Tianjin Machinery 
Import & Export Corporation (TMC), Liaoning Machinery Import & Export 
Corporation (LMC), and Shandong Huarong General Group Corporation 
(Huarong), timely filed allegations that the Department made several 
ministerial errors in its final results. On September 23, 2002, the 
petitioner and respondents filed rebuttal comments. On September 30, 
2002, the respondents (i.e., TMC, LMC, Huarong, and SMC) filed a 
summons and complaint with the U.S. Court of International Trade. On 
October 8, 2002, the respondents amended their complaint to include all 
four classes or kinds of merchandise. The respondents filed a second 
amended complaint on November 8, 2002, whereby SMC and LMC were removed 
as party-plaintiffs. The second amended complaint removed TMC's claims 
with respect to bars/wedges, limiting litigation to axes/adzes, 
hammers/sledges, and picks/mattocks. Huarong's claims were limited to 
bars/wedges. This notice addresses the clerical error allegations 
pertaining to LMC, SMC, and TMC's sales of bars/wedges.

Scope of Investigation

    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 of the 
United States (HTSUS) 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 HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the orders is 
dispositive.

Allegation of Ministerial Errors

    The petitioner alleges (1) that the Department made an error when 
it did not publish cash deposit rates for the PRC-wide entity; (2) that 
the Department miscalculated the importer-specific assessment rates; 
(3) that the Department miscalculated the surrogate values for several 
factors of production; (4) that the Department miscalculated marine 
insurance and international freight with respect to SMC; (5) that the 
Department erred when it excluded certain sales from SMC's margin 
calculation; (6) that the Department miscalculated inland freight with 
respect to LMC; and (7) that the Department should apply an adverse 
facts available margin to LMC for the hammers/sledges class that is 
higher than the PRC-wide rate. The respondents allege (1) that the 
Department miscalculated two of the surrogate values that were also 
cited by the petitioner; and (2) that the Department erred when it did 
not exclude aberrational values from two surrogate value calculations 
affecting LMC.
    According to 19 CFR 351.224(e), ``the Secretary will analyze any 
comments received and, if appropriate * * * correct any significant 
ministerial error by amending the final determination or the final 
results of review * * *'' The term ``ministerial error'' is defined 
under 19 CFR 351.224(f) as ``an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.''
    After reviewing the allegations made by the petitioner and 
respondents, we have determined, in accordance with 19 CFR 351.224(e), 
that the Final Results did include several ministerial errors. However, 
we did not agree with several other allegations of ministerial errors. 
For a detailed discussion of our analysis, see Memorandum from Bernard 
T. Carreau, Deputy Assistant Secretary, to Faryar Shirzad, Assistant 
Secretary, ``Tenth Antidumping Duty Review of Heavy Forged Hand Tools 
from the People's Republic of China--Amended Final Determination,'' 
(Amended Final) dated February 6, 2003. Also, in addition to these 
ministerial errors, the Department found a ministerial error that had 
not been raised by the parties in the margin calculations for LMC, and 
three ministerial errors regarding TMC's margin for sales of bars/
wedges that were not raised by the parties.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final results of the antidumping duty review of HFHTs from the PRC 
to reflect the correction of ministerial errors made in the margin 
calculations for SMC and LMC under the hammers/sledges and bars/wedges 
orders, and TMC under the bars/wedges order. These firm's revised 
weighted-average dumping margins are listed in the ``Amended Final 
Results'' section, below.

Amended Final Results of Review

    We are amending the final results of the antidumping duty review of 
HFHTs from the PRC to reflect the correction of

[[Page 7348]]

certain ministerial errors, as noted in the Amended Final. The revised 
final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                Margin
          Manufacturer/exporter              Time period      (percent)
------------------------------------------------------------------------
Liaoning Machinery Import & Export
 Corporation:
    Bars/Wedges.........................     2/1/00-1/31/01         0.00
    Hammers/Sledges.....................     2/1/00-1/31/01        45.42
Shandong Machinery Import & Export           2/1/00-1/31/01         3.71
 Corporation: Hammers/Sledges...........
Tianjin Machinery Import & Export            2/1/00-1/31/01         0.48
 Corporation: Bars/Wedges...............
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated an exporter/importer (or 
customer)-specific assessment rate for merchandise subject to this 
review. Where the importer-specific assessment rate is above de 
minimis, we will instruct Customs to assess antidumping duties on that 
importer's entries of subject merchandise. The Department will issue 
appropriate assessment instructions directly to the Customs Service 
within 15 days of publication of these amended final results of review. 
We will direct the Customs Service to assess the resulting assessment 
rates for the subject merchandise on each of the importer's/customer's 
entries during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of amended final results of 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 rates 
for the reviewed companies will be the rates shown above except that, 
for firms whose weighted-average margins are less than 0.5 percent, and 
therefore, de minimis, the Department shall require a zero deposit of 
estimated antidumping duties; (2) for previously reviewed or 
investigated companies with a separate rate not listed above, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period; (3) for all other PRC exporters, the cash 
deposit rates will be the PRC-wide rates; (4) for all non-PRC exporters 
of the subject merchandise, the cash deposit rate will be the rate 
applicable to the PRC supplier of that exporter. The current PRC-wide 
cash deposit rates are 18.72 percent for Axes/Adzes, 47.88 percent for 
Bars/Wedges, 27.71 percent for Hammers/Sledges and 98.77 percent for 
Picks/Mattocks. These deposit requirements shall remain in effect until 
publication of the final results of the next administrative reviews.

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 the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely written notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act (19 U.S.C. 1675(a)(1) and 19 U.S.C. 1677f(i)(1)).

    Dated: February 6, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-3592 Filed 2-12-03; 8:45 am]
BILLING CODE 3510-DS-P