[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Pages 58373-58374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5517]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-588-703)


Internal-Combustion Forklift Trucks from Japan; Final Results of 
the Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on internal-combustion forklift trucks from Japan pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). The 
Department conducted an expedited (120-day) sunset review of this 
order. As a result of this sunset review, the Department finds that 
revocation of the antidumping duty order would be likely to lead to 
continuation or recurrence of dumping. The dumping margins are 
identified in the Final Results of Review section of this notice.

EFFECTIVE DATE: October 6, 2005.

FOR FURTHER INFORMATION CONTACT: David Layton or David Goldberger, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-0371 and (202) 
482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On March 1, 2005, the Department published the notice of initiation 
of the second sunset review of the antidumping duty order covering 
internal-combustion forklift trucks from Japan pursuant to section 
751(c) of the Act. See Initiation of Five-year (Sunset) Reviews, 70 FR 
9919 (March 1, 2005). On May 16, 2005, the Department extended the 
period of time for making its determination by 90 days pursuant to 
section 751(c)(5)(B) of the Act. See Extension of Time Limits for the 
Final Results of Sunset Reviews of Antidumping and Countervailing Duty 
Orders, 70 FR 25808 (May 16, 2005).

[[Page 58374]]

The Department received the Notice of Intent to Participate from NACCO 
Materials Handling Group, Inc. (NMHG), a domestic interested party, 
within the deadline specified in section 351.218(d)(1)(i) of the 
Department's regulations (Sunset Regulations). NMHG claimed interested 
party status under section 771(9)(C) of the Act, as a manufacturer of 
the domestic like product in the United States.
    We received complete substantive responses from NMHG within the 30-
day deadline specified in 19 CFR 351.218(d)(3)(i). We received no 
responses from the respondent interested parties. As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
the Department conducted an expedited (120-day) sunset review of this 
order.

Scope of the Order

    The products covered by this order are certain internal-combustion, 
industrial forklift trucks, with lifting capacity of 2,000 to 15,000 
lbs. Imports of these products were classified under item numbers 
692.4025, 692.4030, and 692.4070 of the Tariff Schedules of the United 
States Annotated (TSUSA) and are currently classifiable under 
Harmonized System (HTSUS) item numbers 8427.20.00, 8427.90.00, and 
8431.20.00. Although the HTSUS item numbers are provided for 
convenience and customs purposes, the written description remains 
dispositive.
    The products covered by this order are further described as 
follows: Assembled, not assembled, and less than complete, finished and 
not finished, operator-riding forklift trucks powered by gasoline, 
propane, or diesel fuel internal-combustion engines of off-the-highway 
types used in factories, warehouses, or transportation terminals for 
short-distance transport, towing, or handling of articles. Less than 
complete forklift trucks are defined as imports which include a frame 
by itself or a frame assembled with one or more component parts. 
Component parts of the subject forklift trucks which are not assembled 
with a frame are not covered by this order.
    Products not covered by this order are genuinely used forklifts. 
For the purposes of this antidumping duty order, we consider any 
forklift to be used if, at the time of entry into the United States, 
the importer can demonstrate to the satisfaction of the U.S. Customs 
and Border Protection (CBP) that the forklift was manufactured in a 
calendar year at least three years prior to the year of entry into the 
United States. The importer must show documentation from industrial 
publications that reconcile the serial number and year of manufacture 
of the forklift. If the calendar year of manufacture is at least three 
years prior to its year of entry into the United States, it will not be 
subject to the suspension of liquidation or any assessment of 
antidumping duties. For example, if a forklift is entered or withdrawn 
from warehouse, for consumption in June 1988 and if the importer 
demonstrates through industrial publications that the forklift was 
manufactured in or before calendar year 1985, that forklift will not be 
covered by this order.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum for the Expedited Sunset Review of the Antidumping 
Duty Order on Internal-Combustion Forklift Trucks from Japan Final 
Results (Decision Memo) from Barbara E. Tillman, Acting Deputy 
Assistant Secretary for Import Administration, to Holly A. Kuga, Acting 
Assistant Secretary for Import Administration, dated September 27, 
2005, which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margins likely to prevail if the 
order were to be revoked. Parties can find a complete discussion of all 
issues raised in these reviews and the corresponding recommendations in 
this public memorandum which is on file in room B-099 of the main 
Commerce building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Review

    We determine that revocation of the antidumping duty order on 
internal-combustion forklift trucks from Japan would be likely to lead 
to continuation or recurrence of dumping at the following weighted-
average percentage margins:

------------------------------------------------------------------------
                                                               Weighted
                                                                Average
              Manufacturers/Exporters/Producers                 Margin
                                                               (percent)
------------------------------------------------------------------------
Toyota Motor Corp...........................................       47.79
Nissan Motor Co., Ltd.......................................       51.33
Komatsu Forklift Co., Ltd...................................       47.50
Sumitomo-Yale Co., Ltd......................................       51.33
Toyo Umpanki Co., Ltd.......................................       51.33
Sanki Industrial Co., Ltd...................................       13.65
Kasagi Forklift, Inc........................................       56.81
All Others..................................................       39.45
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective 
orders 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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 27, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5517 Filed 10-5-05; 8:45 am]
BILLING CODE 3510-DS-S