[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Notices]
[Page 24856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10768]



[[Page 24856]]

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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: Final Results of the Expedited Sunset Review of the Antidumping 
Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2011, the Department of Commerce 
(``Department'') initiated a sunset review of the antidumping duty 
orders on heavy forged hand tools (``Hand Tools'') (i.e., Axes & Adzes, 
Bars & Wedges, Hammers & Sledges, and Picks & Mattocks) from the 
People's Republic of China (``PRC'') pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''). Based on the notices of 
intent to participate and adequate responses filed by the domestic 
interested parties, and the lack of response from any respondent 
interested party, the Department conducted an expedited sunset review 
of the orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the 
Department finds that revocation of the orders would likely lead to 
continuation or recurrence of dumping, at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Effective Date: May 3, 2011.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0219.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2011, the Department initiated the third sunset 
review of the orders on Hand Tools pursuant to section 751(c) of the 
Act. See Initiation of Five-Year (``Sunset'') Review, 76 FR 89 (January 
3, 2011) (``Initiation''); see also Antidumping Duty Orders: Heavy 
Forged Hand Tools, Finished or Unfinished, With or Without Handles From 
the People's Republic of China, 56 FR 6622 (February 19, 1991) 
(``Orders''). On January 12, 2011, the Department received notices of 
intent to participate from two domestic parties within the deadline 
specified in 19 CFR 351.218(d)(1)(i): (1) Ames True Temper 
(``Ames'')\1\ and (2) Council Tool Company, Inc. (``Council Tool''). 
These two parties claimed interested party status under section 
771(9)(C) of the Act and 19 CFR 351.102(b), as domestic manufacturers 
and producers of the domestic like product. On February 2, 2011, Ames 
and Council Tool both filed timely and adequate substantive responses 
within 30 days after the date of publication of the Initiation. The 
Department did not receive a substantive response from any respondent 
interested party in the sunset review. 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 sunset review of the Orders.
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    \1\ Ames is the successor company to Woodings-Verona Tools 
Works, the petitioner in the original investigation.
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Scope of the Orders

    The products covered by these orders are Hand Tools comprising the 
following classes or kinds of merchandise: (1) Hammers and sledges with 
heads over 1.5 kg (3.33 pounds); (2) bars over 18 inches in length, 
track tools and wedges; (3) picks and mattocks; and (4) axes, adzes and 
similar hewing tools. Hand Tools 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 wood splitting 
wedges. Hand Tools 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. Hand Tools 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 orders 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 tariff classifications are 
provided for convenience and customs purposes; however, the written 
description of the scope of the orders is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memorandum'') dated concurrently with 
this notice. The issues discussed in the Decision Memorandum include 
the likelihood of continuation or recurrence of dumping and the 
magnitude of the dumping margin likely to prevail if the Orders were 
revoked. Parties can obtain a public copy of the Decision Memorandum on 
file in the Central Records Unit, room 7046, of the main Commerce 
building.
    In addition, a complete public version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Review

    The Department determines that revocation of the Orders on Hand 
Tools would likely lead to continuation or recurrence of dumping at the 
rates listed below.

------------------------------------------------------------------------
                                                                Margin
      PRC-wide (all manufacturers/producers/exporters)        (percent)
------------------------------------------------------------------------
Axes/Adzes.................................................        15.02
Picks/Mattocks.............................................        50.81
Bars/Wedges................................................        31.76
Hammers/Sledges............................................        45.42
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

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

    Dated: April 26, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10768 Filed 5-2-11; 8:45 am]
BILLING CODE 3510-DS-P