[Federal Register Volume 68, Number 59 (Thursday, March 27, 2003)]
[Notices]
[Pages 14943-14945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7361]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Notice of Amended Final Results of Antidumping Duty 
Administrative Reviews: Heavy Forged Hand Tools From the People's 
Republic of China (Hammers/Sledges)

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: March 27, 2003.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Mark Manning at (202) 
482-3936 or (202) 482-5253, 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.
SUMMARY: On February 13, 2003, the Department of Commerce (the 
Department) published the amended final results of administrative 
reviews of the antidumping duty orders on heavy forged hand tools from 
the People's Republic of China. The period of review is February 1, 
2000, through January 31, 2001 (POR). The respondent Shandong Machinery 
Import & Export Corporation (SMC) submitted comments alleging a 
ministerial error. After reviewing the allegation, we have determined 
that the amended final did include a ministerial error, and have 
amended our calculations accordingly. The final weighted-average margin 
for SMC is de minimis.

SUPPLEMENTARY INFORMATION:

Background

    On September 12, 2002, the Department published the final results 
of review for the tenth review of the orders on 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, 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, which covered 
``heavy forged hand tools.'' On October 8, 2002, the respondents 
amended their complaint to underscore that they had filed ministerial 
error allegations pertaining to 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 also removed TMC's claims with respect to 
bars/wedges. On February 13, 2003, we published the Notice of Amended 
Final Antidumping Duty Administrative Reviews: Heavy Forged Hand Tools 
From the People's Republic of China, 68 FR 7347 (February 13, 2003) 
(Amended Final), addressing the clerical error allegations pertaining 
to TMC's and LMC's sales of bars and wedges, and SMC's sales of hammers 
and sledges. On February 27, 2003, SMC filed a clerical error 
allegation pertaining to the Amended Final for its sales of hammers and 
sledges.

Scope of Review

    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

[[Page 14944]]

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

    In its February 27, 2003, submission, SMC alleged that the 
Department's calculation of its dumping margin under the order on 
hammers/sledges contained a ministerial error. Specifically, SMC 
alleged that the Department used a total weight in pounds instead of 
kilograms when it amended SMC's marine insurance and ocean freight. 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,'' dated February 6, 2003, at Comments 10 and 11.
    A 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.'' 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 * * *''
    After reviewing SMC's allegation, we have determined, in accordance 
with 19 CFR 351.224(e), that the Amended Final did include a 
ministerial error regarding our calculation of the net U.S. price of 
SMC's hammer sales. Specifically, in calculating the marine insurance 
and ocean freight charges, the Department, consistent with our intended 
methodology, multiplied the surrogate values for these expenses, in 
dollars per kilogram, by the weight of a hammer in order to convert the 
surrogate value into a dollars per hammer value. This per-unit cost 
must be subtracted from the gross unit price to calculate the U.S. 
price per unit. However, the Department incorrectly used the weight of 
each hammer being sold in pounds rather than in kilograms. To correct 
the error, the Department calculated the weight in kilograms per hammer 
sold and used this weight in our calculation of the marine insurance 
and ocean freight charges.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the Amended Final to reflect the correction of the ministerial error 
made in the calculation of net U.S. price for SMC. SMC's revised 
weighted-average dumping margin is listed in the ``Amended Final 
Results'' section, below.

Amended Final Results

    We are amending the amended final results of the antidumping duty 
reviews of HFHTs from the PRC (hammers/sledges) to reflect the 
correction of the above-cited ministerial error. The revised weighted-
average dumping margin is as follows:

------------------------------------------------------------------------
                                                               Margin
         Manufacturer/exporter              Time period       (percent)
------------------------------------------------------------------------
Shandong Machinery Import & Export         2/1/00-1/31/01      0.05 (de
 Corporation: Hammers/Sledges.........                        minimis)
------------------------------------------------------------------------
\1\De minimis.

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 importer-specific 
assessment rates. Where the importer-specific assessment rate is above 
de minimis, we will instruct the Customs Service to assess antidumping 
duties on that importer's entries of subject merchandise. Since the 
entered value of the merchandise was not reported to us, we have 
divided, where applicable, the total dumping margins (calculated as the 
difference between NV and EP) for each importer by the total number of 
units sold to the importer. We will direct Customs to assess the 
resulting unit dollar amount against each unit of subject merchandise 
entered by the importer during the POR. The Department will issue 
appropriate assessment instructions directly to the Customs Service 
within 15 days of publication of these amended final results of review.

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 of 
this notice, 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

[[Page 14945]]

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: March 21, 2003.
Joseph A. Spetrini,
Assistant Secretary for Import Administration.
[FR Doc. 03-7361 Filed 3-26-03; 8:45 am]
BILLING CODE 3510-DS-P