Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Notices 35323

applications for disclosure under

administrative protective orders in

accordance with 19 CFR 351.305 and

351.306.

This initiation and notice are in

accordance with section 751(a) of the

Act (19 U.S.C. 1675(a)) and 19 CFR

351.214(d).

Dated: May 26, 2000.

Richard W. Moreland,

Deputy Assistant Secretary, Import

Administration.

[FR Doc. 00–13882 Filed 6–1–00; 8:45 am]

BILLING CODE 3510–DS–P

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.

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-thehighway 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