[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Pages 33901-33902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16750]


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DEPARTMENT OF COMMERCE
[A-570-843]


Notice of Amendment of Final Determination of Sales at Less Than 
Fair Value: Bicycles From the People's Republic of China

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

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson at (202) 482- 4929, 
Shawn Thompson at (202) 482-1776, or James Terpstra at (202) 482-3965, 
Office of Antidumping Investigations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 by the Uruguay 
Rounds Agreements Act (URAA).

Amendment to the Final Determination

    We are amending the final determination of sales at less than fair 
value of bicycles from the People's Republic of China (PRC), to reflect 
the correction of ministerial errors made in the margin calculations in 
that determination. Although the International Trade Commission (ITC) 
has already issued its negative final injury determination in this 
investigation, we are publishing this amendment to the final 
determination in accordance with section 353.28(c) of the Department's 
regulations.

Scope of Investigation

    The product covered by this investigation is bicycles of all types, 
whether assembled or unassembled, complete or incomplete, finished or 
unfinished, including industrial bicycles, tandems, recumbents, and 
folding bicycles. For purposes of this investigation, the following 
definitions apply irrespective of any different definition that may be 
found in Customs rulings, U.S. Customs law, or the Harmonized Tariff 
Schedule of the United States (HTSUS): (1) The term ``unassembled'' 
means fully or partially unassembled or disassembled; (2) the term 
``incomplete'' means lacking one or more parts or components with which 
the complete bicycle is intended to be equipped; and (3) the term 
``unfinished'' means wholly or partially unpainted or lacking decals or 
other essentially aesthetic material. Specifically, this investigation 
is intended to cover: (1) Any assembled complete bicycle, whether 
finished or unfinished; (2) any unassembled complete bicycle, if 
shipped in a single shipment, regardless of how it is packed and 
whether it is finished or unfinished; and (3) any incomplete bicycle, 
defined for purposes of this investigation as a frame, finished or 
unfinished, whether or not assembled together with a fork, and imported 
in the same shipment with any two of the following components: (a) The 
rear wheel; (b) the front wheel; (c) a rear derailleur; (d) a front 
derailleur; (e) any one caliper or cantilever brake; (f) an integrated 
brake lever and shifter, or separate brake lever and click stick lever; 
(g) crankset; (h) handlebars, with or without a stem; (i) chain; (j) 
pedals; and (k) seat (saddle), with or without seat post and seat pin.
    The scope of this investigation is not intended to cover bicycle 
parts except to the extent that they are attached to or in the same 
shipment as an unassembled complete bicycle or an incomplete bicycle, 
as defined above.
    Complete bicycles are classifiable under subheadings 8712.00.15, 
8712.00.25, 8712.00.35, 8712.00.44, and 8712.00.48 of the 1995 HTSUS. 
Incomplete bicycles, as defined above, may be classified for tariff 
purposes under any of the aforementioned HTSUS subheadings covering 
complete bicycles or under HTSUS subheadings 8714.91.20-8714.99.80, 
inclusive (covering various bicycle parts). The HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
of the scope of this investigation is dispositive.

Case History

    In accordance with section 735(d) of the Tariff Act of 1930, as 
amended (the Act), on April 30, 1996, the Department published its 
final determination that bicycles from the PRC were being, or were 
likely to be, sold in the United States at less than fair value (61 FR 
19026). Subsequent to the final determination, we received allegations 
that the Department made ministerial errors in the margin calculations.
    On June 12, 1996, the Department was formally notified by the ITC 
that an industry in the United States is not materially injured or 
threatened with material injury, and the establishment of an industry 
in the United States is not materially retarded by reason of imports of 
bicycles from the PRC that are sold in the United States at less than 
fair value.

Amendment of Final Determination

    On May 1, 1996, Chitech Industries Ltd. (Chitech) submitted 
allegations that ministerial errors were made in the Department's final 
determination. On May 2, 1996, petitioners submitted ministerial error 
allegations with regard to China Bicycle Co. (Holdings) Ltd. (CBC). On 
May 3, 1996, CBC, CATIC Bicycle Co., Ltd. (CATIC), Giant China Co., 
Ltd. (Giant), and Hua Chin Bicycle (S.Z.) Co., Ltd. (Hua Chin) 
submitted their ministerial error allegations. On May 6, 1996, Bo An 
Bicycle (Shenzhen) Co., Ltd. (Bo An), Merida Bicycle (Shenzhen) Co., 
Ltd. (Merida), Shenzhen Overlord Bicycle Co., Ltd. (Overlord), and 
Universal Cycle Corporation (Guangzhou) (Universal) submitted their 
ministerial error allegations. Also, on May 6, 1996, petitioners 
submitted additional ministerial error allegations. On May 7, 1996, 
petitioners responded to CATIC, Merida, Giant, and Hua Chin's 
ministerial error allegations.
    For a detailed discussion of the alleged ministerial errors and the 
Department analysis, see, the memo from The Team to Paul Joffe, Acting 
Assistant Secretary for Import Administration, regarding Clerical Error 
Allegations in the Final Determination of Bicycles From the People's 
Republic of China, dated May 10, 1996. (Clerical Error Memo). Pursuant 
to section 735(e) of the Act and section 353.28(c) of the Department's 
regulations, we have corrected the ministerial errors in the final 
determination. However, certain alleged errors were not corrected 
because we determined that they were not ministerial errors. See, 
Clerical Error Memo. The revised final weighted-average dumping margins 
are as follows:

[[Page 33902]]



------------------------------------------------------------------------
                                                  Original              
                                                   final       Revised  
        Manufacturer/producer/ exporter            margin       final   
                                                 percentage   percentage
------------------------------------------------------------------------
Bo An.........................................         0.00         0.00
CATIC.........................................        13.67         2.02
Giant.........................................        *0.97        *0.67
Hua Chin......................................         0.00         0.00
Merida........................................         7.44        *0.37
CBC...........................................         3.25         2.95
Overlord......................................         0.00         0.00
Chitech (Shun Lu).............................         2.05        *1.83
Universal.....................................        11.06         2.27
PRC-Wide......................................        61.67       61.67 
------------------------------------------------------------------------
*De minimis.                                                            

Discontinuation of Suspension of Liquidation

    Although the aforementioned ministerial error corrections affect 
the rates for CATIC, Giant, Merida, CBC, Chitech, and Overlord, in 
accordance with section 735(c)(2) of the Act, because of the negative 
determination by the ITC, we have already directed the Customs Service 
to discontinue suspension of liquidation for entries of bicycles 
imported from the PRC, entered or withdrawn from warehouse, for 
consumption between November 9, 1995 and May 7, 1996, and to release 
any bond or other security, and refund any cash deposit, posted to 
secure the payment of estimated antidumping duties with respect to 
these entries.
    This determination is published pursuant to section 735(d) of the 
Act (19 USC 1673(d)) and 19 CFR 353.20.

    Dated: June 24, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-16750 Filed 6-28-96; 8:45 am]
BILLING CODE 3510-DS-P