[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Page 21499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10781]



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


Certain Internal-Combustion Industrial Forklift Trucks From 
Japan; Amendment to Final Results of Antidumping Duty Administrative 
Review

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

ACTION: Notice of amendment to final results of antidumping duty 
administrative review.

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SUMMARY: On January 28, 1992, the Department of Commerce (the 
Department) published in the Federal Register the final results of its 
1987-89 administrative review of the antidumping duty order on certain 
internal-combustion industrial forklift trucks from Japan. The review 
covered four manufacturers/exporters of this merchandise to the United 
States during the period November 24, 1987, through May 31, 1989. Based 
on the correction of a ministerial error, we are amending the final 
results with respect to Mitsubishi Heavy Industries, Limited 
(Mitsubishi).

EFFECTIVE DATE: May 2, 1995.

FOR FURTHER INFORMATION CONTACT: Davina Friedmann or Michael Rill, 
Office of Antidumping Compliance, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230, telephone: (202) 
482-4733.

SUPPLEMENTARY INFORMATION:

Background

    On January 28, 1992, the Department published in the Federal 
Register the final results of its 1987-89 administrative review of the 
antidumping duty order (June 7, 1988, 53 FR 20882) on certain internal-
combustion industrial forklift trucks from Japan (57 FR 3167). The 
review covered four manufacturers/exporters of this merchandise to the 
United States during the period November 24, 1987 through May 31, 1989.
    It has come to our attention that, in those final results, the 
Department inadvertently made a typographical error in publishing the 
margin, based on the best information available (BIA), as 39.15 percent 
for Mitsubishi. As stated in those final results, the Department 
intended to assign the ``All Others'' rate from the investigation. That 
``All Others'' rate was 39.45 percent. The Department is now correcting 
Mitsubishi's margin to 39.45 percent from the incorrect figure of 39.15 
percent.
    The Court of International Trade in Mitsubishi Heavy Industries v. 
United States, Slip Op. 93-182 (September 15, 1993), affirmed the 
Department's application of the ``All Others'' rate from the 
investigation as BIA for Mitsubishi.

Amended Final Results of Review

    As a result of our correction of a ministerial error, we have 
determined the following percentage weighted-average margin to exist 
for the period November 24, 1987 through May 31, 1989:

------------------------------------------------------------------------
                                                                  Margin
                     Manufacturer/Exporter                       percent
------------------------------------------------------------------------
Mitsubishi.....................................................    39.45
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    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 percentage stated above. The Department will issue 
appraisement instructions on each exporter directly to the Customs 
Service.
    Furthermore, a cash deposit of 39.45 percent will be required for 
all shipments by Mitsubishi of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these amended final results of administrative review, as 
provided by section 751(a)(1) of the Tariff Act of 1930.
    This deposit requirement shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a 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 is published in accordance with section 751(f) of the 
Tariff Act of 1930, as amended (19 U.S.C. 1675(f)) and 19 CFR 
353.28(c).

    Dated: April 19, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-10781 Filed 5-1-95; 8:45 am]
BILLING CODE 3510-DS-P