[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Notices]
[Pages 7014-7015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1881]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-703]


Revocation of Antidumping Duty Order: Certain Internal-Combustion 
Industrial Forklift Trucks from Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act), the International Trade Commission (ITC), in its 
sunset review, determined that revocation of the antidumping duty (AD) 
order on certain internal combustion forklift trucks (forklifts) from 
Japan would not be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See Internal Combustion Industrial Forklift Trucks 
from Japan, 71 FR 5070 (January, 31 2006) (ITC Determination). 
Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(1)(iii), the Department is revoking the AD order on 
forklifts from Japan.

EFFECTIVE DATE: June 2, 2005.

FOR FURTHER INFORMATION CONTACT: David Layton or David Goldberger, AD/
CVD Operations, Office 1, Import

[[Page 7015]]

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 June 7, 1988, the Department published its AD order and final 
amended determination on forklifts from Japan. See Antidumping Duty 
Order and Amendment to Final Determination of Sales at Less Than Fair 
Value; Certain Internal-Combustion, Industrial Forklift Trucks From 
Japan, 53 FR 20882 (June 7, 1988). In the amended final determination 
the Department found margins ranging from 13.65 - 56.81 percent for the 
selected respondents and 39.45 percent for ``all other'' manufacturers/
producers/exporters of forklifts from Japan. After an affirmative 
determination by the ITC in the first sunset review of forklifts from 
Japan, on June 2, 2000, the Department published the notice of 
continuation of the order. See Continuation of Antidumping Duty Orders 
and Countervailing Duty Order: Internal-Combustion, Industrial Forklift 
Trucks From Japan, 65 FR 35323.
    On March 1, 2005, the Department initiated, and the ITC instituted, 
sunset reviews of the AD order on forklifts from Japan. See Initiation 
of Five-year (Sunset) Reviews, 70 FR 9919. As a result of its review, 
the Department found that revocation of the AD order would likely lead 
to continuation or recurrence of dumping, and notified the ITC of the 
dumping rate likely to prevail if the AD order were revoked. See 
Internal-Combustion Forklift Trucks from Japan; Final Results of the 
Expedited Sunset Review of the Antidumping Duty Order, 70 FR 58373 
(October 6, 2005).
    On January 26, 2006, the ITC determined, pursuant to section 752 of 
the Act, that revocation of the AD order on forklifts from Japan would 
not be likely to lead to continuation or recurrence of material injury 
to an industry in the United States within a reasonably foreseeable 
time. See ITC Determination and USITC Publication 3831 (January 2006), 
entitled Internal-Combustion Forklift Trucks from Japan. Inv. No. 731-
TA-377 (Second Review).

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 Tariff Schedule of the United States (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.

Determination

    As a result of the determination by the ITC that revocation of this 
AD order is not likely to lead to continuation or recurrence of 
material injury to an industry in the United States, the Department, 
pursuant to section 751(c) of the Act, is revoking the AD order on 
forklifts from Japan. Pursuant to section 751(c)(6)(A)(iii) of the Act 
and 19 CFR 351.222(i)(2)(ii), the effective date of revocation is June 
2, 2005 (i.e., the fifth anniversary of the date of publication in the 
Federal Register of the notice of continuation of the AD order). The 
Department will notify CBP to discontinue suspension of liquidation and 
collection of cash deposits on entries of the subject merchandise 
entered or withdrawn from warehouse on or after June 2, 2005, the 
effective date of revocation of the AD order. The Department will 
complete any pending administrative reviews of this order and will 
conduct administrative reviews of subject merchandise entered prior to 
the effective date of revocation in response to appropriately filed 
requests for review.
    This five-year (sunset) review and notice are in accordance with 
section 751(d)(2) and published pursuant to section 777(i)(1) of the 
Act.

    Dated: February 3, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-1881 Filed 2-9-06; 8:45 am]
BILLING CODE 3510-DS-S