[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Notices]
[Pages 26573-26574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11463]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Heavy Forged Hand Tools from the People's Republic of China; 
Amended Final Results of Antidumping Duty Administrative Reviews in 
Accordance With Court Decision

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review in accordance with Court Decision.

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SUMMARY: On February 8, 2000, the Court of International Trade (CIT) 
affirmed the remand determination of the Department of Commerce (the 
Department) arising from the administrative reviews of the antidumping 
duty orders on heavy forged hand tools (HFHTs) from the People's 
Republic of China (PRC). See Fujian Machinery & Equipment Import & 
Export Corp., et. al v. United States, __CIT__, Slip Op. 00-14, 
(February 8, 2000). No party appealed this decision. As there is now a 
final and conclusive court decision in this segment, we are amending 
the final results of reviews in this matter and will instruct the U.S. 
Customs Service to liquidate entries subject to these amended final 
results.

EFFECTIVE DATE: May 8, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Strollo or Maureen Flannery, 
Antidumping/Countervailing Duty Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington D.C. 20230; telephone 
(202) 482-5255 and (202) 482-3020, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 1991, the Department issued antidumping duty orders 
on HFHTs from the PRC. See 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) (Antidumping 
Duty Orders). On April 4, 1996, the Department published its final 
results of the third administrative review of HFHTs for two PRC 
exporters, Fujian Machinery and Equipment Import and Export Corporation 
(FMEC) and Shandong Machinery Import and Export Corporation (SMC). See 
Heavy Forged Hand Tools, Finished or Unfinished, With or Without 
Handles, from the People's Republic of China; Final Results of 
Antidumping Administrative Review, 61 FR 15028 (April 4, 1996). On May 
14, 1996, the Department published its amended final results of the 
third administrative review of HFHTs. See 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, 61 FR 24285 (May 14, 1996).
    On September 7, 1999, the Department filed with the CIT a consent 
motion for voluntary remand so that the Department may exclude 
statistics used as surrogate values that were found to be aberrational 
by the Department in the Final Results of Redetermination Pursuant to 
Court Remand relating to the second administrative review. The CIT 
granted the motion and remanded to the Department on September 15, 
1999.
    On November 15, 1999, the Department filed its final results 
pursuant to remand. See Final Results of Redetermination Pursuant to 
Court Remand, Fujian Machinery and Equipment Import & Export Corp., et. 
al v. United States (November 15, 1999). On February 8, 2000, the CIT 
upheld the Department's redetermination on remand. Fujian Machinery & 
Equipment Import & Export Corp., Shandong Machinery Import & Export 
Corp., et al. v. United States, __CIT__, Slip. Op 00-14 (February 8, 
2000). Neither party appealed the CIT's decision.
    There is now a final and conclusive court decision in this action; 
therefore, we are amending our final results of review for the period 
February 1, 1993 through January 31, 1994. We recalculated margins on 
each product category for FMEC and SMC. The revised weighted average 
margins are as follows:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/Exporter                      (percent)
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Fujian Machinery & Equipment Import & Export Corp.:
    Axes/Adzes...............................................       5.68
    Bars/Wedges..............................................      16.14
    Hammers/Sledges..........................................       8.90
Shandong Machinery Import & Export Corp.:
    Bars/Wedges..............................................      29.84
    Hammers/Sledges..........................................      10.02
    Picks/Mattocks...........................................      52.60
------------------------------------------------------------------------

    Accordingly, the Department will determine, and the Customs Service 
will assess, antidumping duties on all entries of subject merchandise 
from FMEC and SMC in accordance with these amended final results. For 
assessment purposes, we have calculated importer-specific duty 
assessment rates for each class or kind of merchandise based on the 
ratio of the total amount of antidumping duties calculated for the 
examined sales during the period of review (POR) to the total quantity 
of sales examined during the POR. The Department will issue 
appraisement instructions directly to Customs. The above rates will not 
affect FMEC or SMC's cash deposit rates currently in effect, which 
continue to be based on the margins found to exist in the most recently 
completed review.
    This notice is published in accordance with section 751(a)(1) of 
the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.221.


[[Page 26574]]


    Dated: April 27, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-11463 Filed 5-5-00; 8:45 am]
BILLING CODE 3510-DS-P