[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Notices]
[Pages 67451-67452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22146]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-803)


Heavy Forged Hand Tools (i.e., Axes & Adzes, Bars & Wedges, 
Hammers & Sledges, and Picks & Mattocks) from the People's Republic of 
China: Final Results of the Expedited Sunset Review of the Antidumping 
Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty 
(``AD'') orders on Heavy Forged Hand Tools (i.e., Axes & Adzes, Bars & 
Wedges, Hammers & Sledges, and Picks & Mattocks) (``HFHTs'') from the 
People's Republic of China pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (``the Act''). On the basis of notices of intent to 
participate and adequate substantive responses filed on behalf of the 
domestic interested parties and lack of response from respondent 
interested parties, the Department conducted an expedited sunset review 
of the AD orders pursuant to section 751(c)(3)(B) of the Act and 
section 351.218(e)(1)(ii)(C)(2) of the Department's regulations. As a 
result of this sunset review, the Department finds that revocation of 
the AD orders would likely lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

EFFECTIVE DATE: November 7, 2005.

FOR FURTHER INFORMATION CONTACT: Maureen Flannery, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-3020.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2005, the Department initiated a sunset review of the AD

[[Page 67452]]

orders on HFHTs pursuant to section 751(c) of the Act. See Initiation 
of Five-year (Sunset) Reviews, 70 FR 38101 (July 1, 2005). The 
Department received notices of intent to participate from the following 
domestic parties within the deadline specified in 19 CFR 
351.218(d)(1)(i): Ames True Temper (``Ames'') and Council Tool Company 
(``Council Tool'').\1\ These two parties claimed interested party 
status under section 771(9)(C) of the Act and 19 CFR 351.102(b), as 
domestic manufacturers and producers of the domestic like product. The 
Department received a substantive response from Ames and Council Tool 
(collectively ``the domestic interested parties'') within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not 
receive a substantive response from any of the respondent interested 
parties to these proceedings. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited sunset review of these AD orders.
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    \1\ Ames is the successor company to Woodings-Verona Tool Works, 
the petitioner in the original investigation. Council Tool is a U.S. 
producer of heavy forged hand tools, such as axes and adzes, bars 
and wedges, hammers and sledges, and picks and mattocks. For letters 
submitted by Ames and Council Tool, see the ``Background'' section 
of the accompanying ``Issues and Decision Memorandum for the 
Expedited Sunset Review of the Antidumping Duty Orders on Heavy 
Forged Hand Tools (i.e., Axes & Adzes, Bars & Wedges, Hammers & 
Sledges, and Picks & Mattocks) from the People's Republic of China: 
Final Results,'' from Stephen J. Claeys, Deputy Assistant Secretary 
for Import Administration, to Joseph A. Spetrini, Acting Assistant 
Secretary for Import Administration, dated October 31, 2005 
(``Decision Memo'').
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Scope of the Orders

    The products covered by these orders are HFHTs comprising the 
following classes or kinds of merchandise: (1) hammers and sledges with 
heads over 1.5 kg (3.33 pounds) (hammers/sledges); (2) bars over 18 
inches in length, track tools and wedges (bars/wedges); (3) picks and 
mattocks (picks/mattocks); and (4) axes, adzes and similar hewing tools 
(axes/adzes).
    HFHTs include heads for drilling hammers, sledges, axes, mauls, 
picks and mattocks, which may or may not be painted, which may or may 
not be finished, or which may or may not be imported with handles; 
assorted bar products and track tools including wrecking bars, digging 
bars, and tampers; and steel woodsplitting wedges. HFHTs are 
manufactured through a hot forge operation in which steel is sheared to 
required length, heated to forging temperature, and formed to final 
shape on forging equipment using dies specific to the desired product 
shape and size. Depending on the product, finishing operations may 
include shot blasting, grinding, polishing and painting, and the 
insertion of handles for handled products. HFHTs are currently provided 
for under the following Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 8205.20.60, 8205.59.30, 8201.30.00, and 
8201.40.60. Specifically excluded from these investigations are hammers 
and sledges with heads 1.5 kg. (3.33 pounds) in weight and under, hoes 
and rakes, and bars 18 inches in length and under.
    The Department has issued seven conclusive scope rulings regarding 
the merchandise covered by these orders: (1) On August 16, 1993, the 
Department found the ``Max Multi-Purpose Axe,'' imported by the Forrest 
Tool Company, to be within the scope of the axes/adzes order; (2) on 
March 8, 2001, the Department found ``18-inch'' and ``24-inch'' pry 
bars, produced without dies, imported by Olympia Industrial, Inc. and 
SMC Pacific Tools, Inc., to be within the scope of the bars/wedges 
order; (3) on March 8, 2001, the Department found the ``Pulaski'' tool, 
produced without dies by TMC, to be within the scope of the axes/adzes 
order; (4) on March 8, 2001, the Department found the ``skinning axe,'' 
imported by Import Traders, Inc., to be within the scope of the axes/
adzes order; (5) on December 9, 2004, the Department found the 
``Scrapek MUTT,'' imported by Olympia Industrial, Inc., under HTSUS 
8205.59.5510, to be within the scope of the axes/adzes order; (6) on 
May 23, 2005, the Department found 8 inch by 8 inch and 10 inch by 10 
inch cast tampers, imported by Olympia Industrial, Inc. to be outside 
the scope of the orders; and (7) on October 14, 2005, the Department 
found the ``Mean Green Splitting Machine'' imported by Avalanche 
Industries to be within the scope of the bars/wedges order.\2\
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    \2\ See ``Final Scope Ruling: Antidumping Duty Order on Heavy 
Forged Hand Tools, Finished or Unfinished, With or Without Handles, 
From the People's Republic of China,'' from James C. Doyle, Office 
Director, Office 9, Import Administration, to Gary Taverman, Acting 
Deputy Assistant Secretary for Import Administration, dated October 
14, 2005.
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    In addition, on September 22, 2005, the Court of International 
Trade sustained the Department's finding that cast picks are outside 
the scope of the picks/mattocks order. See Tianjin Machinery Import & 
Export Corporation v. United States and Ames True Temper, Slip Op. 05-
127, Court No. 03-00732 (September 22, 2005).
    These reviews cover imports from all manufacturers and exporters of 
axes and adzes, bars and wedges, hammers and sledges, and picks and 
mattocks from the PRC.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Decision 
Memorandum, which is hereby adopted by this notice (see footnote 1). 
The issues discussed in the accompanying Decision Memorandum include 
the likelihood of continuation or recurrence of dumping and the 
magnitude of the dumping margin likely to prevail if the AD orders were 
revoked. Parties can find a complete discussion of all issues raised in 
these reviews and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, room B-099, of 
the main Commerce building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Sunset Review

    The Department determines that revocation of the AD orders on HFHTs 
would likely lead to continuation or recurrence of dumping at the rates 
listed below:

------------------------------------------------------------------------
                      PRC-Wide                         Margin (percent)
------------------------------------------------------------------------
Axes/Adzes..........................................       15.02 percent
Picks/Mattocks......................................       50.81 percent
Bars/Wedges.........................................       31.76 percent
Hammers/Sledges.....................................       45.42 percent
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Notification regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 31, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-22146 Filed 11-4-05; 8:45 am]
BILLING CODE 3510-DS-S