[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Notices]
[Page 35323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13879]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-703]


Continuation of Antidumping Duty Order: Internal Combustion 
Forklift Trucks From Japan

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

ACTION: Notice of Continuation of Antidumping Duty Order: Internal 
Combustion Forklift Trucks from Japan.

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SUMMARY: On August 5, 1999, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of 
1930, as amended (``the Act''), determined that revocation of the 
antidumping duty order on internal combustion forklift trucks from 
Japan is likely to lead to continuation or recurrence of dumping (64 FR 
42662). On April 10, 2000, the International Trade Commission (``the 
Commission''), pursuant to section 751(c) of the Act, determined that 
revocation of the antidumping duty order on internal combustion 
forklift trucks from Japan would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time (65 FR 19022). Therefore, pursuant 
to 19 CFR 351.218(f)(4), the Department is publishing notice of the 
continuation of the antidumping duty order on internal combustion 
forklift trucks from Japan.

Effective Date: April 17, 2000.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or James Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-1930 
or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 1999, the Department initiated, and the Commission 
instituted, a sunset review (64 FR 15727 and 64 FR 15786, respectively) 
of the antidumping duty order on internal combustion forklift trucks 
from Japan, pursuant to section 751(c) of the Act. As a result of its 
review, the Department found that revocation of the antidumping duty 
order would likely lead to continuation or recurrence of dumping and 
notified the Commission of the magnitude of the margin likely to 
prevail were the order to be revoked (see Final Results of Expedited 
Sunset Review: Internal Combustion Forklift Trucks from Japan, August 
5, 1999 (65 FR 42662)).
    On April 10, 2000, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty order on 
internal combustion forklift trucks from Japan would be likely to lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time (see Final Results 
of Expedited Sunset Review: Internal Combustion Forklift Trucks from 
Japan, 65 FR 19022 (April 10, 2000) and USITC Publication 3287, 
Investigation No. 731-TA-377 (Review) (April 2000)).

Scope

    The merchandise subject to this antidumping duty order is internal 
combustion industrial forklift trucks, with lifting capacity of 2,000 
to 5,000 pounds, from Japan. The products covered are described as 
follows: assembled, not assembled, and less than complete, finished and 
not finished, operator-riding forklift trucks powered by gasoline, 
propane, or diesel fuel internal-combustion engines of off-the-highway 
types used in factories, warehouses, or transportation terminals for 
short-distance transport, towing, or handling of articles (see Certain 
Internal Combustion Industrial Forklift Trucks from Japan; Final 
Results of Antidumping Duty Administrative Review, 62 FR 5592 (February 
6, 1997)). Less than complete forklift trucks are defined as imports 
which include a frame by itself or a frame assembled with one or more 
component parts. Component parts of the subject forklift trucks which 
are not assembled with a frame are not covered by this order. Imports 
of these products were previously classified under items numbers 
692.4025, 692.4030 and 692.4070 of the Tariff Schedules of the United 
States Annotated; currently, they classifiable under Harmonized Tariff 
Schedule of the United States (``HTSUS'') item numbers 8427.20.00, 
8427.90.00, and 8431.20.00. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description remains 
dispositive.

Determination

    As a result of the determination by the Department and the 
Commission that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act, the Department hereby orders the continuation of 
the antidumping duty order on internal combustion forklift trucks from 
Japan. The Department will instruct the U.S. Customs Service to 
continue to collect antidumping duty deposits at the rates in effect at 
the time of entry for all imports of subject merchandise.
    Normally, the effective date of continuation of a finding, order, 
or suspension agreement will be the date of publication in the Federal 
Register of the Notice of Continuation. As provided in 19 CFR 
351.218(f)(4), the Department normally will issue its determination to 
continue a finding, order, or suspended investigation not later than 
seven days after the date of publication in the Federal Register of the 
Commission's determination concluding the sunset review and, 
immediately thereafter, will publish its notice of continuation in the 
Federal Register. In the instant case, however, the Department's 
publication of the Notice of Continuation was delayed. Therefore, the 
Department has explicitly indicated that the effective date of 
continuation of this order is April 17, 2000, seven days after the date 
of publication in the Federal Register of the Commission's 
determination. As a result, pursuant to sections 751(c)(2) and 
751(c)(6) of the Act, the Department intends to initiate the next five-
year review of this order not later than March 2005.

    Dated: May 26, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-13879 Filed 6-1-00; 8:45 am]
BILLING CODE 3510-DS-P