[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Notices]
[Pages 69892-69893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3413]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Heavy Forged Hand Tools, Finished or Unfinished, With or Without 
Handles, From the People's Republic of China: Notice of Amended Final 
Results of Antidumping Duty Administrative Reviews

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: December 1, 2004.

FOR FURTHER INFORMATION CONTACT: Tom Martin or Mark Manning at (202) 
482-3936 and (202) 482-5253, respectively; Office of AD/CVD 
Enforcement, Office 4, Import Administration, Room 1870, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUMMARY: The Department of Commerce (``the Department'') is amending 
the final results of the administrative reviews of the antidumping duty 
orders on Heavy Forged Hand Tools, Finished or Unfinished, With or 
Without Handles (``HFHTs'') from the People's Republic of China 
(``PRC'') to reflect the correction of ministerial errors in those 
final results. The period of review (``POR'') is February 1, 2002, 
through January 31, 2003.

SUPPLEMENTARY INFORMATION:

Background

    On September 15, 2004, the Department published the final results 
of administrative reviews of the antidumping duty orders on HFHTs from 
the PRC. See Heavy Forged Hand Tools, Finished or Unfinished, With or 
Without Handles, From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Reviews, Final Partial Rescission of 
Antidumping Duty Administrative Reviews, and Determination Not To 
Revoke in Part, 69 FR 55581 (September 15, 2004) (``Final Results''). 
On September 17, 2004, the petitioner, Ames True Temper, submitted 
comments alleging that the Department made certain ministerial errors 
in the Final Results regarding the cash deposit rate for the PRC-wide 
entity for hammers/sledges, the assessment rate for the PRC-wide entity 
for all four HFHTs orders, and the assessment instructions for tampers. 
On September 20, 2004, the respondents \1\ filed rebuttal comments.
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    \1\ The respondents in this review are Shangdong Huarong 
Machinery Co., Ltd. (``Huarong''), Liaoning Machinery Import & 
Export Corporation and Liaoning Machinery Import & Export 
Corporation, Ltd. (``LMC/LIMAC''), Shandong Machinery Import & 
Export Corporation (``SMC''), and Tianjin Machinery Import & Export 
Corporation (``TMC'').
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Scope of the Review

    The products covered by these administrative reviews are HFHTs 
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 and mattocks (picks/mattocks); and (4) axes, adzes and 
similar hewing tools (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 woodsplitting 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 provided 
for 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 from these investigations 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.
    The Department has issued four conclusive scope rulings regarding 
the merchandise covered by these orders: (1) On August 16, 1993, the 
Department found the ``Max Multi-Purpose Axe,'' imported by the Forrest 
Tool Company, to be within the scope of the axes/adzes order; (2) on 
March 8, 2001, the Department found ``18-inch'' and ``24-inch'' pry 
bars, produced without dies, imported by Olympia Industrial, Inc. and 
SMC Pacific Tools, Inc., to be within the scope of the bars/wedges 
order; (3) on March 8, 2001, the Department found the ``Pulaski'' tool, 
produced without dies by TMC, to be within the scope of the axes/adzes 
order; and (4) on March 8, 2001, the Department found the ``skinning 
axe,'' imported by Import Traders, Inc., to be within the scope of the 
axes/adzes order.

Amended Final Results

    After reviewing the ministerial error allegations and the rebuttal 
comments, we have determined that the Department did make clerical 
errors in completing the Final Results, and we have amended the Final 
Results accordingly. For a detailed discussion of the Department's 
analysis of the ministerial error allegations, see Memorandum from Mark 
Manning, Acting Program Manager, to Holly A. Kuga, Senior Director, 
``Analysis of Ministerial Error Allegations,'' dated concurrently with 
this notice.
    Pursuant to section 751(h) of the Tariff Act of 1930, as amended 
(``the Act''), we have amended the Final Results by correcting a 
ministerial error that affected the margin for the PRC-wide entity in 
the hammers/sledges order. We will issue amended cash-deposit 
instructions to U.S. Customs and Border Protection (``CBP'') to reflect 
the amendment of the final results of these reviews. Pursuant to these 
amended results, we revised the following dumping margin:

------------------------------------------------------------------------
                                                               Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
PRC-wide entity: Hammers/Sledges..........................       45.42.
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[[Page 69893]]

Assessment

    Upon completion of these administrative reviews, the Department 
will determine, and CBP shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR Sec.  351.212(b)(1), for 
the respondents receiving calculated dumping margins, we calculated 
importer-specific per-unit duty assessment rates based on the ratio of 
the total amount of the dumping duties calculated for the examined 
sales to the total quantity of those same sales. These importer-
specific per-unit rates will be assessed uniformly on all entries of 
each importer that were made during the POR. In accordance with 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties any entries for which the importer-specific 
assessment rate is de minimis (i.e., less than 0.5 percent ad valorem). 
In testing whether any importer-specific assessment rate is de minimis, 
we divided each importer's total amount of dumping duties by the total 
value of each importer's U.S. sales, which we calculated using net U.S. 
prices. Lastly, for the respondents receiving dumping rates based upon 
AFA, the Department will instruct CBP to liquidate entries according to 
the AFA ad valorem rate. The Department will issue appraisement 
instructions directly to CBP upon the completion of the final results 
of these administrative reviews.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of these administrative reviews for 
all shipments of HFHTs from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the publication date of this 
notice, as provided for by section 751(a)(1) of the Act: (1) The cash 
deposit rates for reviewed companies will be the rates for those firms 
established in the final results of these administrative reviews; (2) 
for any previously reviewed or investigated PRC or non-PRC exporter not 
covered in these reviews, with a separate rate, the cash deposit rate 
will be the company-specific rate established in the most recent 
segment of these proceedings; (3) for all other PRC exporters, the cash 
deposit rates will be the PRC-wide rates established in the final 
results of these reviews; and (4) the cash deposit rate for any non-PRC 
exporter of subject merchandise from the PRC who does not have its own 
rate will be the rate applicable to the PRC exporter that supplied the 
non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until publication of the final results of the next 
administrative reviews.

The PRC-Wide Cash Deposit Rates

    The PRC-wide cash deposit rates are 55.74 percent for axes/adzes, 
139.31 percent for bars/wedges, 45.42 percent for hammers/sledges, and 
98.77 percent for picks/mattocks. These rates, except for the rate for 
hammers/sledges, are unchanged from the most recently completed 
administrative review. See Heavy Forged Hand Tools, Finished or 
Unfinished, With or Without Handles, From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review of the 
Order on Bars and Wedges, 68 FR 53347 (September 10, 2003). These 
deposit requirements shall remain in effect until publication of the 
final results of the next administrative reviews.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR Sec.  351.305. Timely 
written notification of the return/destruction of APO materials 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 sanction.
    We are issuing and publishing these amended final results in 
accordance with sections 751(h)of the Act and 19 CFR 351.224.

    Dated: November 24, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E4-3413 Filed 11-30-04; 8:45 am]
BILLING CODE 3510-DS-P