[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Notices]
[Pages 24285-24286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11942]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-570-803]
Heavy Forged Hand Tools, Finished or Unfinished, With or Without
Handles, From the People's Republic of China; Amendment of Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amendment of final results of antidumping duty
administrative review.
-----------------------------------------------------------------------
SUMMARY: We are amending our final results of administrative review of
the antidumping duty order on heavy forged hand tools, finished or
unfinished, with or without handles (HFHTs), from the People's Republic
of China published on April 4, 1996, to reflect the correction of a
ministerial error made in the margin calculation in those final
results. We are publishing this amendment to the final results in
accordance with 19 CFR 353.28(c)(1995).
EFFECTIVE DATE: May 14, 1996.
FOR FURTHER INFORMATION CONTACT: Tom Prosser or Maureen Flannery of the
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, D.C. 20230; telephone (202) 482-
4733.
SUPPLEMENTARY INFORMATION:
Background
The review covers two resellers of the subject merchandise to the
United States, Fujian Machinery & Equipment Import & Export Corporation
(FMEC) and Shandong Machinery Import & Export Corporation (SMC), and
the period February 1, 1993 through January 31, 1994. The Department of
Commerce (the Department) published the preliminary results on August
16, 1995 (60 FR 42516), and the final results on April 4, 1996 (61 FR
15028).
Scope of Review
Imports covered by this review are shipments of HFHTs from the PRC
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
[[Page 24286]]
over 18 inches in length, track tools and wedges (bars and wedges); (3)
picks/mattocks; and (4) 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 System (HTS) subheadings:
8205.20.60, 8205.59.30, 8201.30.00, and 8201.40.60. Specifically
excluded 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. This review covers two exporters of HFHTs from the PRC, FMEC and
SMC. The review period is February 1, 1993 through January 31, 1994.
Amended Final Results
On April 4, 1996, the respondents alleged that the Department had
committed a ministerial error in calculating the final antidumping duty
margin. The respondents alleged that the Department had miscalculated
the wholesale price index (WPI) for India for the period April 1993
through December 1993. We have reviewed this allegation, and agree with
the respondents. We have therefore amended our final results for this
ministerial error.
Final Results of Review
Upon review of the allegation submitted, the Department has
determined that the following margins exist for the period February 1,
1993 through January 31, 1994:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Time period (percent)
------------------------------------------------------------------------
Fujian Machinery & Equipment Import &
Export Corporation:
Axes/Adzes............................ 2/1/93-1/31/94 12.90
Bars/Wedges........................... 2/1/93-1/31/94 30.36
Hammers/Sledges....................... 2/1/93-1/31/94 18.61
Shandong Machinery Import & Export
Corporation:
Bars/Wedges........................... 2/1/93-1/31/94 45.19
Hammers/Sledges....................... 2/1/93-1/31/94 16.49
Picks/Mattocks........................ 2/1/93-1/31/94 68.43
------------------------------------------------------------------------
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Individual
differences between United States price and foreign market value may
vary from the percentages stated above. The Department will issue
appraisement instructions directly to the Customs Service.
Furthermore, the following deposit requirements will be effective
upon publication of this notice of final results of reviews for all
shipments of HFHTs from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided for by
section 751(a)(1) of the Act: (1) The cash deposit rates for the
reviewed companies named above which have separate rates will be the
rates for those firms as stated above for the classes or kinds of
merchandise listed above; (2) for picks/mattocks from FMEC and axes/
adzes from SMC, which are not covered by this review, the cash deposit
rates will be the rates established in the most recent review of those
classes or kinds of merchandise in which those companies received
separate rates--that is, the February 1, 1992 through January 31, 1993
review; (3) for all other PRC exporters, the cash deposit rates will be
the PRC rates established in the LTFV investigation; and (4) the cash
deposit rates for non-PRC exporters of the subject merchandise from the
PRC will be the rate applicable to the PRC supplier of that exporter.
The PRC rates established in the LTFV investigations are 45.42 percent
for hammers/sledges, 31.76 percent for bars/wedges, 50.81 percent for
picks/mattocks, and 15.02 percent for axes/adzes. These deposit
requirements shall remain in effect until publication of the final
results of the next administrative review.
This notice serves as a final reminder to importers of their
responsibility under section 353.26 of the Department's regulations 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 protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with section 353.34(d) of the Department's
regulations. Timely notification of return/destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
This administrative review and notice is in accordance with section
751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and section 353.22 of the
Department's regulations.
Dated: May 6, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-11942 Filed 5-13-96; 8:45 am]
BILLING CODE 3510-DS-P
