[Federal Register Volume 68, Number 151 (Wednesday, August 6, 2003)]
[Notices]
[Page 46582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20047]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Notice of Decision of the Court of International Trade: Heavy 
Forged Hand Tools From the People's Republic of China

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

ACTION: Notice of decision of the Court of International Trade.

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SUMMARY: On July 28, 2003, the United States Court of International 
Trade (CIT) affirmed the Department of Commerce's results of 
redetermination on remand of the final results of the seventh 
administrative review of the antidumping duty orders on heavy forged 
hand tools from the People's Republic of China. See Fujian Machinery 
and Equipment Import & Export Corporation, et al. v. United States, 
Slip Op. 03-92 (CIT July 28, 2003) (Fujian II). Consistent with the 
decision of the United States Court of Appeals for the Federal Circuit 
(Federal Circuit) in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the Department is notifying the public that Fujian 
II and the CIT's earlier opinion in this case, discussed below, were 
``not in harmony'' with the Department's original results.

EFFECTIVE DATE: August 6, 2003.

FOR FURTHER INFORMATION CONTACT: Thomas Martin AD/CVD Enforcement, 
Office 4, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-
3936.

SUPPLEMENTARY INFORMATION:

Background

    On August 11, 1999, the Department of Commerce (the Department) 
published a notice of the final results of the seventh administrative 
review of the antidumping duty order on heavy forged hand tools from 
the People's Republic of China. See Heavy Forged Hand Tools, Finished 
or Unfinished, With or Without Handles, From the People's Republic of 
China; Final Results and Partial Recission of Antidumping Duty 
Administrative Reviews, 64 FR 43659 (August 11, 1999) (Final Results). 
Subsequent to the Department's Final Results, the respondent filed a 
lawsuit with the CIT challenging these results. Thereafter, the CIT 
issued an Order and Opinion dated July 17, 2000, in Fujian Machinery 
and Equipment Import & Export Corporation, et al. v. United States, 178 
F. Supp. 2d 1305 (Ct. Int'l Trade 2001) (Fujian I), remanding several 
issues to the Department. Pursuant to Fujian I, the Department filed 
its remand results on February 20, 2002. The CIT reviewed and affirmed 
the Department's final results of redetermination in Fujian Machinery 
and Equipment Import & Export Corporation, et al. v. United States, 
Slip Op. 03-92 (CIT July 28, 2003) (Fujian II).

Timken Notice

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 19 U.S.C. 1516a(e), the Department must publish notice of a decision 
of the CIT which is ``not in harmony'' with the Department's results. 
The CIT's decision in Fujian II was not in harmony with the 
Department's final antidumping duty results of review. Therefore, 
publication of this notice fulfills the obligation imposed upon the 
Department by the decision in Timken. In addition, this notice will 
serve to continue the suspension of liquidation. If this decision is 
not appealed, or if appealed, if it is upheld, the Department will 
publish amended final antidumping duty results.

    Dated: August 1, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-20047 Filed 8-5-03; 8:45 am]
BILLING CODE 3510-DS-P