[Federal Register Volume 71, Number 32 (Thursday, February 16, 2006)]
[Notices]
[Pages 8276-8277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2280]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-803)


Heavy Forged Hand Tools (i.e., Axes & Adzes, Bars & Wedges, 
Hammers & Sledges, and Picks & Mattocks) from the People's Republic of 
China: Continuation of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty order on Heavy Forged 
Hand Tools (i.e., Axes & Adzes, Bars & Wedges, Hammers & Sledges, and 
Picks & Mattocks) (``HFHTs'') from the People's Republic of China 
(``PRC'') would likely lead to continuation or recurrence of dumping 
and material injury to an industry in the United States, the Department 
is publishing this notice of continuation of these antidumping duty 
orders.

EFFECTIVE DATE: February 16, 2006.

FOR FURTHER INFORMATION CONTACT: Jim Nunno, AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-0783.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2005, the Department initiated and the ITC instituted a 
sunset review of the antidumping duty orders on HFHTs from the PRC 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). See Initiation of Five-year (Sunset) Reviews, 70 FR 38101 (July 
1, 2005), and ITC Investigation Nos. 731-TA-457-A-D (Second Review), 
Heavy Forged Hand Tools from China, 70 FR 38197 (July 1, 2005). As a 
result of its review, the Department found that revocation of the 
antidumping duty orders would likely lead to continuation or recurrence 
of dumping and notified the ITC of the magnitude of the margins likely 
to prevail were the orders to be revoked. See Heavy Forged Hand Tools 
(i.e., Axes & Adzes, Bars & Wedges, Hammers & Sledges, and Picks & 
Mattocks) from the People's Republic of China: Final Results of the 
Expedited Sunset Review of the Antidumping Duty Orders, 70 FR 67451 
(November 7, 2005). On January 18, 2006, the ITC determined, pursuant 
to sections 751(c) and 752 of the Act, that revocation of the 
antidumping duty orders on HFHTs from the PRC would likely lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. See ITC 
Investigation Nos. 731-TA-457-A-D (Second Review), Heavy Forged Hand 
Tools from China, 71 FR 6290 (February 7, 2006).

Scope of the Orders

    The products covered by these orders 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 seven 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; (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; (5) on December 9, 2004, the Department found the 
``Scrapek MUTT,'' imported by Olympia Industrial, Inc., under HTSUS 
8205.59.5510, to be within the scope of the axes/adzes order; (6) on 
May 23, 2005, the Department found 8 inch by 8 inch and 10 inch by 10 
inch cast tampers, imported by Olympia Industrial, Inc. to be outside 
the scope of the orders; and (7) on October 14, 2005, the Department 
found the ``Mean Green Splitting Machine'' imported by Avalanche 
Industries to be within the scope of the bars/wedges order.\1\
---------------------------------------------------------------------------

    \1\ See ``Final Scope Ruling: Antidumping Duty Order on Heavy 
Forged Hand Tools, Finished or Unfinished, With or Without Handles, 
From the People's Republic of China,'' from James C. Doyle, Office 
Director, Office 9, Import Administration, to Gary Taverman, Acting 
Deputy Assistant Secretary for Import Administration, dated October 
14, 2005.
---------------------------------------------------------------------------

    In addition, on September 22, 2005, the Court of International 
Trade sustained the Department's finding that cast picks are outside 
the scope of the picks/mattocks order. See Tianjin Machinery Import & 
Export Corporation v. United States and Ames True Temper, Slip Op. 05-
127, Court No. 03-00732 (September 22, 2005).
    The HTSUS subheadings are provided for convenience and Customs 
purposes. The written description remains dispositive.

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on heavy forged hand tools from the PRC. U.S. Customs and 
Border Protection (``CBP'') will continue to collect antidumping duty 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise.
    The effective date of continuation of this order will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department 
intends to initiate the next

[[Page 8277]]

five-year review of this order not later than January 2011.
    This five-year (sunset) review and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: February 10, 2006.
David Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-2280 Filed 2-15-06; 8:45 am]
BILLING CODE 3510-DS-S