[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Notices]
[Pages 23484-23485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11149]
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INTERNATIONAL TRADE COMMISSION
Heavy Forged Handtools From the People's Republic of China
AGENCY: United States International Trade Commission.
ACTION: Request for comments regarding the institution of a section
751(b) review investigation concerning the Commission's affirmative
determinations in investigation No. 731-TA-457 (Final), Heavy Forged
Handtools from the People's Republic of China.
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SUMMARY: The Commission invites comments from the public on whether
changed circumstances exist sufficient to warrant the institution of an
investigation pursuant to section 751(b) of the Tariff Act of 1930 (19
U.S.C. 1675(b)) (the Act) to review the Commission's affirmative
determinations in the above investigation. The purpose of the proposed
review investigation is to determine whether partial revocation of the
existing antidumping order on imports of heavy forged handtools from
the People's Republic of China (China) would be likely to lead to
continuation or recurrence of material injury to the affected domestic
industry within a reasonably foreseeable time. 19 U.S.C. 1675a(a)(1).
In particular, the Commission must determine whether, in the absence of
an antidumping order covering these products, subject imports of picks
and mattocks from China would be likely to lead to continuation or
recurrence of material injury to the domestic industry producing such
products.1 Picks and mattocks are provided for in subheading
8201.30.00 of the Harmonized Tariff Schedule of the United States.
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\1\ In the 1991 investigation of heavy forged handtools from
China, the Commission found four separate like products
corresponding to the four classes or kinds of articles defined by
the Department of Commerce (Commerce) to be within the scope of
investigation. One of the four like products found was ``picks and
mattocks, with or without handles'' (digging tools). Accordingly,
the Commission found a separate domestic industry producing these
products.
FOR FURTHER INFORMATION CONTACT: Vera Libeau (202-205-3176), Office of
Investigations, U.S. International Trade Commission, 500 E Street,
S.W., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (http://www.usitc.gov or ftp://ftp.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background.
On February 11, 1991, the Commission issued an affirmative injury
determination with respect to picks and mattocks in the context of its
determinations in Heavy Forged Handtools from the People's Republic of
China, Inv. No. 731-TA-457 (Final) (56 F.R. 7060, Feb. 21, 1991). The
Commission made four separate affirmative determinations covering the
following classes or kinds of heavy forged handtools: (1) Hammers and
sledges, with heads weighing two pounds or more, with or without
handles (striking tools); (2) all bar tools, track tools, and wedges
(bar tools); (3) picks and mattocks, with or without handles (digging
tools); and, (4) axes, adzes and hewing tools, other than machetes,
with or without handles (hewing tools). Commerce issued an antidumping
order covering all four categories of tools.
On April 16, 1997, the Commission received a request to review its
affirmative determination with respect to picks and mattocks in light
of changed circumstances (the request), pursuant to section 751(b) of
the Act (19 U.S.C. 1675(b)). The request was filed by counsel on behalf
of Olympia Industrial, Inc. (Olympia), a major importer and distributor
of heavy forged handtools, including picks and mattocks. The alleged
changed circumstances include: (1) Cessation of U.S. production of
picks and mattocks, at least for commercial markets; (2) lack of
competition between imports and U.S.-made picks and mattocks; (3) the
argument that any production decline in the United States since
imposition of the antidumping order is not the ``natural and direct
result'' of the order, and; (4) the argument that prices of imports of
picks and mattocks from nonsubject countries, such as Mexico, Poland,
and India, are lower than prices of imports of picks and mattocks from
China.
Written Comments Requested
Pursuant to section 207.45(b) of the Commission's Rules of Practice
and Procedure (19 C.F.R. 207.45(b)), the Commission requests comments
concerning whether the alleged changed circumstances are sufficient to
warrant institution of a review investigation.
Written Submissions
In accordance with section 201.8 of the Commission's rules (19
C.F.R. 201.8), the signed original and 14 copies of all written
submissions must be filed with the Secretary to the Commission, 500 E
Street, S.W., Washington, DC 20436. All comments must be filed no later
than 30 days after the date of publication of this notice in the
Federal Register. The Commission's determination regarding initiation
of a review investigation is due within 30 days of the close of the
comment period. Any person desiring to submit a document (or portion
thereof) to the Commission in confidence must request business
confidential treatment under section 201.6 of the Commission's rules
[[Page 23485]]
(19 C.F.R. 201.6). Such requests should be directed to the Secretary to
the Commission and must include a full statement of the reasons why the
Commission should grant such treatment. Each sheet must be clearly
marked at the top ``Confidential Business Information.'' The Commission
will either accept the submission in confidence or return it. All
nonconfidential written submissions will be available for public
inspection in the Office of the Secretary.
Copies of the non-business proprietary version of the request and
any other documents in this matter are available for public inspection
during regular business hours (8:45 a.m. to 5:15 p.m.) in the Office of
the Secretary to the Commission; telephone 202-205-2000.
Issued: April 23, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-11149 Filed 4-29-97; 8:45 am]
BILLING CODE 7020-02-P
