[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Notices]
[Pages 12598-12599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6546]


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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-703]


Certain Internal-Combustion Industrial Forklift Trucks From 
Japan: Amended Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

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SUMMARY: On February 6, 1997, the Department of Commerce published the 
final results of administrative review of the antidumping duty order on 
certain internal-combustion industrial forklift trucks from Japan (62 
FR 5592). The review covers three manufacturers/exporters. The period 
of review is June 1, 1994, through May 31, 1995. Based on the 
correction of a clerical error, we have changed the antidumping duty 
rate for Toyota Motor Corporation.

EFFECTIVE DATE: March 17, 1997.

FOR FURTHER INFORMATION CONTACT: Thomas O. Barlow or Kris Campbell, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th and Constitution Avenue, N.W., Washington, 
D.C. 20230; telephone: (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    On February 6, 1997, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on certain internal-combustion industrial 
forklift trucks from Japan (62 FR 5592) (final results). The review 
covers three manufacturers/exporters and the period of review (POR) is 
June 1, 1994, through May 31, 1995.
    After publication of our final results, we received timely 
allegations from NACCO Materials Handling Group, Inc. (petitioners), 
and respondent, Toyota Motor Corporation (Toyota), that we had made 
clerical errors in calculating the final results. Based on our analysis 
of the clerical-error allegations, we have made a change to the final 
margin calculations for Toyota which resulted in a change to the 
weighted-average percentage margin for the POR (see Amended Final 
Results section of this notice).

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the 
Tariff Act by the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the current regulations, as amended by the interim regulations 
published in the Federal Register on May 11, 1995 (60 FR 25130).

Clerical-Error Allegations and Responses

Toyota

    On February 19, 1997, Toyota alleged that the Department improperly 
added the differences-in-merchandise (difmer) adjustment (home market 
variable cost of manufacturing minus U.S. variable cost of 
manufacturing) to normal value (NV) instead of subtracting it from NV.

Department's Response

    We agree with Toyota that this was a clerical error. Therefore, we 
have subtracted the difmer amount from NV for these amended final 
results.

Petitioners

    On February 21, 1997, petitioners alleged that the Department 
neglected to implement its twenty-percent difmer test in the final-
results calculations. Petitioners claim that adding the test to the 
calculations will prevent sales that fail the test from being used in 
the margin analysis.

Department's Response

    We disagree with petitioners that we made a clerical error in our 
matching process. For the final results, we performed the twenty-
percent difmer test using Toyota's variable cost of manufacture (VCOM) 
data from the sales and concordance listings. We then used Toyota's 
cost information, as contained in the cost of production (COP) and 
constructed value (CV) portions of its response, to calculate the 
difmer adjustment that we made to NV. We fully addressed this issue in 
response to petitioners' comment 2 in the final results. Because we 
made a decision in our final results that applying the difmer test at 
the concordance stage was appropriate, given the circumstances of the 
review, we reject petitioners' position that this is a clerical error.

Amended Final Results

    As a result of our correction for the clerical error, we determine 
that the following percentage weighted-average margin exists for the 
period June 1, 1994, through May 31, 1995:

------------------------------------------------------------------------
                                                                 Rate   
                          Company                             (percent) 
------------------------------------------------------------------------
Toyota.....................................................        47.79
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    We will direct the Customs Service to collect cash deposits of 
estimated antidumping duties on all appropriate entries in accordance 
with the procedures discussed in the final results of the review (62 FR 
5592) and as amended by this determination.
    The amended deposit requirements are effective for all shipments of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice and 
shall remain in effect until publication of the final results of the 
next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 353.26 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

[[Page 12599]]

protective orders (APO) of their responsibility concerning the return 
or destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 353.34(d). Timely written notification of the 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply is a violation 
of the APO.
    These amended final results of review and this notice are in 
accordance with section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 
19 CFR 353.28 (1996).

    Dated: March 7, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-6546 Filed 3-14-97; 8:45 am]
BILLING CODE 3510-DS-P