[Federal Register Volume 68, Number 242 (Wednesday, December 17, 2003)]
[Notices]
[Pages 70226-70227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31128]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Heavy Forged Hand Tools from the People's Republic of China: 
Amended Final Results of Antidumping Duty Administration Review in 
Accordance with Court Decision

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

ACTION: Amended Final Results of Antidumping Duty Administration Review

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SUMMARY: On July 28, 2003, the United States Court of International 
Trade (CIT) affirmed the Department of Commerce's (the Department's) 
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). Because all litigation 
has concluded and the injunction has been lifted, we are amending our 
final results of review.

EFFECTIVE DATE: December 17, 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., N.W., Washington, D.C. 20230; telephone:(202) 482-
3936.

SUPPLEMENTARY INFORMATION:

Background

    On August 11, 1999, the Department published a notice 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 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 
September 28, 2001, 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. 
Among the issues remanded in Fujian I, the CIT ordered the Department 
to issue separate rates for Fujian Machinery Import & Export 
Corporation (FMEC) and Shandong Machinery Import & Export Corporation 
(SMC). See Fujian I, 178 F. Supp. 2d at 1336. Pursuant to Fujian I, the 
Department filed its remand results on February 20, 2002, issuing 
separate rates for FMEC and SMC. 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). On August 6, 2003, we 
published a notice of court decision. See Notice of Decision of the 
Court of International Trade: Heavy Forged Hand Tools From the People's 
Republic of China, 68 FR 46582 (August 6, 2003).
    The time period for appealing the CIT's final decision has expired 
and no party has appealed this decision. Therefore, in accordance with 
Fujian II, and because all litigation has concluded and the injunction 
has been lifted, we are amending our final results in this matter and 
we will instruct the U.S. Customs and Border Protection (CBP) to 
liquidate entries, as appropriate, in accordance with our remand 
results.

Amendment to Final Results

    Pursuant to section 516A(e) of the Tariff Act of 1930, as amended 
(the Act), there is now a final and conclusive court decision with 
respect to litigation

[[Page 70227]]

for FMEC and SMC, and we are amending the Final Results to reflect the 
findings of Fujian II. We will instruct the CBP to liquidate entries, 
as appropriate. As a result of the remand determinations, we have 
assigned FMEC and SMC final weighted-average margins as follows:
Fujian Machinery Import & Export Corporation (FMEC)

hammers/sledges................................................   27.71%
bars/wedges....................................................   47.88%
picks and mattocks.............................................   98.77%
axes/adzes.....................................................   18.72%
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Shandong Machinery Import & Export Corporation (SMC)

hammers/sledges................................................   27.71%
bars/wedges....................................................   47.88%
picks and mattocks.............................................   98.77%
axes/adzes.....................................................   18.72%
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Assessment Rates

    The Department will determine, and the CBP shall assess, 
antidumping duties on all appropriate entries. The Department will 
issue appropriate assessment instructions directly to the CBP within 15 
days of publication of these amended final results of 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 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: December 9, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-31128 Filed 12-16-03; 8:45 am]
BILLING CODE 3510-DS-S