[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Notices]
[Pages 12598-12599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6546]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-703]
Certain Internal-Combustion Industrial Forklift Trucks From
Japan: Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative review.
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SUMMARY: On February 6, 1997, the Department of Commerce published the
final results of administrative review of the antidumping duty order on
certain internal-combustion industrial forklift trucks from Japan (62
FR 5592). The review covers three manufacturers/exporters. The period
of review is June 1, 1994, through May 31, 1995. Based on the
correction of a clerical error, we have changed the antidumping duty
rate for Toyota Motor Corporation.
EFFECTIVE DATE: March 17, 1997.
FOR FURTHER INFORMATION CONTACT: Thomas O. Barlow or Kris Campbell,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th and Constitution Avenue, N.W., Washington,
D.C. 20230; telephone: (202) 482-4733.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 1997, the Department of Commerce (the Department)
published the final results of its administrative review of the
antidumping duty order on certain internal-combustion industrial
forklift trucks from Japan (62 FR 5592) (final results). The review
covers three manufacturers/exporters and the period of review (POR) is
June 1, 1994, through May 31, 1995.
After publication of our final results, we received timely
allegations from NACCO Materials Handling Group, Inc. (petitioners),
and respondent, Toyota Motor Corporation (Toyota), that we had made
clerical errors in calculating the final results. Based on our analysis
of the clerical-error allegations, we have made a change to the final
margin calculations for Toyota which resulted in a change to the
weighted-average percentage margin for the POR (see Amended Final
Results section of this notice).
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the
Tariff Act by the Uruguay Round Agreements Act. In addition, unless
otherwise indicated, all citations to the Department's regulations are
to the current regulations, as amended by the interim regulations
published in the Federal Register on May 11, 1995 (60 FR 25130).
Clerical-Error Allegations and Responses
Toyota
On February 19, 1997, Toyota alleged that the Department improperly
added the differences-in-merchandise (difmer) adjustment (home market
variable cost of manufacturing minus U.S. variable cost of
manufacturing) to normal value (NV) instead of subtracting it from NV.
Department's Response
We agree with Toyota that this was a clerical error. Therefore, we
have subtracted the difmer amount from NV for these amended final
results.
Petitioners
On February 21, 1997, petitioners alleged that the Department
neglected to implement its twenty-percent difmer test in the final-
results calculations. Petitioners claim that adding the test to the
calculations will prevent sales that fail the test from being used in
the margin analysis.
Department's Response
We disagree with petitioners that we made a clerical error in our
matching process. For the final results, we performed the twenty-
percent difmer test using Toyota's variable cost of manufacture (VCOM)
data from the sales and concordance listings. We then used Toyota's
cost information, as contained in the cost of production (COP) and
constructed value (CV) portions of its response, to calculate the
difmer adjustment that we made to NV. We fully addressed this issue in
response to petitioners' comment 2 in the final results. Because we
made a decision in our final results that applying the difmer test at
the concordance stage was appropriate, given the circumstances of the
review, we reject petitioners' position that this is a clerical error.
Amended Final Results
As a result of our correction for the clerical error, we determine
that the following percentage weighted-average margin exists for the
period June 1, 1994, through May 31, 1995:
------------------------------------------------------------------------
Rate
Company (percent)
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Toyota..................................................... 47.79
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We will direct the Customs Service to collect cash deposits of
estimated antidumping duties on all appropriate entries in accordance
with the procedures discussed in the final results of the review (62 FR
5592) and as amended by this determination.
The amended deposit requirements are effective for all shipments of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice and
shall remain in effect until publication of the final results of the
next administrative review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative
[[Page 12599]]
protective orders (APO) of their responsibility concerning the return
or destruction of proprietary information disclosed under APO in
accordance with 19 CFR 353.34(d). Timely written notification of the
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply is a violation
of the APO.
These amended final results of review and this notice are in
accordance with section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and
19 CFR 353.28 (1996).
Dated: March 7, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-6546 Filed 3-14-97; 8:45 am]
BILLING CODE 3510-DS-P
