[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Notices]
[Pages 10009-10010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2793]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 11, 2005, the United States Court of Appeals for 
the Federal Circuit (``CAFC'') affirmed the ruling of the United States 
Court of International Trade (``CIT''), sustaining the final results of 
administrative reviews issued by the Department of Commerce (the 
Department) on September 12, 2002, and the Department's February 6, 
2003 remand redetermination. Because all litigation in this matter has 
concluded, we are correcting certain ministerial errors identified 
during a court remand redetermination. The period of review (``POR'') 
for these administrative reviews is February 1, 2000, through January 
31, 2001.

EFFECTIVE DATE: February 28, 2006.

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

SUPPLEMENTARY INFORMATION:

Background

    On September 12, 2002, the Department published the final results 
for the tenth review of the antidumping duty orders on heavy forged 
hand tools (``HFHTs'') from the People's Republic of China (PRC). See 
Heavy Forged Hand Tools From the People's Republic of China: Final 
Results and Partial Rescission of Antidumping Duty Administrative 
Review and Determination Not To Revoke in Part, 67 FR 57789 (September 
12, 2002) (``Final Results''). On September 16, 2002, the petitioner 
Ames True Temper, and the respondents, Shandong Machinery Import & 
Export Corporation (``SMC''), Tianjin Machinery Import & Export 
Corporation (``TMC''), Liaoning Machinery Import & Export Corporation 
(``LMC''), and Shandong Huarong General Group Corporation 
(``Huarong''), timely filed allegations that the Department made 
several ministerial errors in its final results. On September 23, 2002, 
the petitioner and respondents filed rebuttal comments. Before the 
Department could issue its ruling on the ministerial error allegations, 
TMC, LMC, Huarong, and SMC jointly filed a summons and complaint with 
the CIT to contest the Department's decision as to the bars/wedges and 
picks/mattocks orders on September 30, 2002. On October 8, 2002, the 
respondents amended their complaint to include the Department's 
decision with respect to all four classes or kinds of merchandise. The 
respondents filed a second amended complaint on November 8, 2002, 
whereby SMC and LMC were removed as party-plaintiffs. The second 
amended complaint also removed TMC's claims with respect to the final 
results of the review of the bars/wedges order, thus limiting TMC's 
litigation to decisions regarding the axes/adzes, hammers/sledges, and 
picks/mattocks orders. Huarong's claims were limited to the final 
results of the review of the bars/wedges order in the original 
complaint.
    After analyzing the ministerial error allegations, the Department 
issued amended final results with respect to all products sold by SMC 
and LMC, and TMC's bars/wedges, which were not subject to litigation. 
See Notice of Amended Final Antidumping Duty Administrative Reviews: 
Heavy Forged Hand Tools From the People's Republic of China, 68 FR 7347 
(February 13, 2003); Notice of Amended Final Results of Antidumping 
Duty Administrative Reviews: Heavy Forged Hand Tools From the People's 
Republic of China (Hammers/Sledges), 68 FR 14943 (March 27, 2003).
    For the remaining merchandise under review, TMC's axes/adzes, 
hammers/sledges and picks/mattocks orders, and Huarong's bars/wedges, 
the Department issued a remand redetermination pursuant to the CIT's 
remand instructions to address the ministerial error allegations 
previously submitted by the parties. See Final Results of 
Redetermination Pursuant to Court Remand, Tianjin Machinery Import and 
Export Corporation and Shandong Huarong General Group Corp., v. United 
States, Court No. 02-00637, dated February 6, 2003 (``Remand 
Redetermination''). While correcting the errors identified by the 
parties, we identified several additional ministerial errors for TMC's 
three classes or kinds of subject merchandise, and Huarong's bars/
wedges. However, as the CIT directed the Department to address only the 
errors identified by the parties, we did not take into account these 
additional errors in the calculations submitted to the CIT in the 
Remand Redetermination. See Remand Redetermination.
    On October 4, 2004, the CIT sustained the Final Results and Remand 
Redetermination. See Tianjin Mach. Imp. & Exp. Corp. v. United States, 
353 F. Supp. 2d 1294 (CIT 2004). On November 15, 2004, TMC and Huarong 
appealed the decision of the CIT to the CAFC. On October 11, 2005, the 
CAFC affirmed the ruling of the CIT. See Tianjin Mach. Imp. & Exp. 
Corp. v. United States, 146 Fed. Appx. 493 (Fed. Cir. 2005).
    The litigation in these administrative reviews is now final. Since 
jurisdiction of this case has returned to the Department, we are now 
issuing corrected antidumping duty margins that reflect corrections for 
the errors identified by the parties and the additional errors found by 
the Department during litigation.

Amended Final Results of Review

    After analyzing all interested parties' comments, we have 
determined, in accordance with 19 CFR 351.224(e), that ministerial 
errors existed in the calculations for the Final Results, with respect 
to TMC and Huarong. A ministerial error is defined in section 751(h) of 
the Tariff Act of 1930, as amended (``the Act''), and further clarified 
in 19 CFR 351.224(f) as ``an error in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial.'' For a detailed 
discussion of the ministerial errors in TMC and Huarong's calculations, 
as well as the Department's analysis, see Memorandum from Thomas E. 
Martin to The File, ``Correction of Ministerial Errors Pursuant to the 
Amended Final Results of the Tenth Administrative Reviews of Heavy 
Forged Hand Tools, Finished or Unfinished, With or Without Handles 
(``HFHTS''), from the People's Republic of China (``PRC'') Covering the 
Period of Review (``POR'') February 1, 2000, through January 31, 2001; 
Tianjin Machinery Import & Export Corporation (``TMC''),'' dated 
February 21, 2006; and see Memorandum from Thomas E. Martin to The 
File, ``Correction of Ministerial Errors Pursuant to the Amended Final 
Results of the Tenth Administrative Reviews of Heavy Forged Hand Tools, 
Finished or Unfinished, with or Without Handles (``HFHTS''), from the 
People's Republic of China (``PRC'') Covering the Period of Review 
(``POR'') February 1,

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2000, through January 31, 2001; Shandong Huarong General Group 
Corporation (``Huarong''),'' dated February 21, 2006, on file in the 
Central Records Unit, room B-099 in the main Department building.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
reviews of the antidumping duty orders on HFHTs from PRC for TMC and 
Huarong. The revised weighted-average dumping margins are detailed in 
the chart below.

----------------------------------------------------------------------------------------------------------------
                Manufacturer/exporter                          Time Period                Margin (percent)
----------------------------------------------------------------------------------------------------------------
Tianjin Machinery Import & Export Corporation.......
  Axes/Adzes........................................                2/1/00-1/31/01                          5.46
  Hammers/Sledges...................................                2/1/00-1/31/01                         22.91
  Picks/Mattocks....................................                2/1/00-1/31/01                         13.57
Shandong Huarong General Group Corporation..........
  Bars/Wedges.......................................                2/1/00-1/31/01                         18.99
----------------------------------------------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR 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. The Department will issue liquidation instructions directly to 
CBP within fifteen days of the publication of the amended final results 
of these administrative reviews.
    These amended final results of administrative reviews are issued 
and published in accordance with section 751(h) of the Act and 19 CFR 
351.224(e).

    Dated: February 21, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-2793 Filed 2-27-06; 8:45 am]
BILLING CODE 3510-DS-S