Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 51629 

1Sixty days from July 3, 2008, is September 1, 

2008. However, Department practice dictates that 

where a deadline falls on a federal holiday, the 

appropriate deadline is the next business day. See 

Notice of Clarification: Application of ‘‘Next 

Business Day’’ Rule for Administrative 

Determination Deadlines Pursuant to the Act, 70 FR 

24533 (May 10, 2005). 

circumstances do not exist with respect 

to subject imports from the PRC. 

As a result of the ITC’s final 

determination, in accordance with 

section 706(a) of the Act, the 

Department will direct U.S. Customs 

and Border Protection (CBP) to assess, 

upon further instruction by the 

Department, countervailing duties on all 

unliquidated entries of OTR tires from 

the PRC entered, or withdrawn from 

warehouse, for consumption on or after 

December 17, 2007, the date on which 

the Department published its 

preliminary affirmative countervailing 

duty determination in the Federal 

Register, and before April 15, 2008, the 

date on which the Department 

instructed CBP to discontinue the 

suspension of liquidation in accordance 

with section 703(d) of the Act. Section 

703(d) states that the suspension of 

liquidation pursuant to a preliminary 

determination may not remain in effect 

for more than four months. Entries of 

OTR tires made on or after April 15, 

2008, and prior to the date of 

publication of the ITC’s final 

determination in the Federal Register 

are not liable for the assessment of 

countervailing duties, due to the 

Department’s discontinuation, effective 

April 15, 2008, of the suspension of 

liquidation. 

In accordance with section 706 of the 

Act, the Department will direct CBP to 

reinstitute the suspension of liquidation 

for OTR tires from the PRC, effective the 

date of publication of the ITC’s notice of 

final determination in the Federal 

Register, and to assess, upon further 

advice by the Department pursuant to 

section 706(a)(1) of the Act, 

countervailing duties for each entry of 

the subject merchandise in an amount 

based on the net countervailable 

subsidy rates for the subject 

merchandise. On or after the date of 

publication of the ITC’s final injury 

determination in the Federal Register, 

CBP must require, at the same time as 

importers would normally deposit 

estimated duties on this merchandise, a 

cash deposit equal to the rates noted 

below: 

Producer/exporter 

Subsidy 

rate 

(percent) 

Guizhou Tire Co., Ltd. (GTC) ..... 2.45 

Hebei Starbright Tire Co., Ltd. 

(Starbright) .............................. 14.00 

Tianjin United Tire & Rubber 

International Co., Ltd. 

(TUTRIC) ................................. 6.85 

All Others .................................... 5.62 

This notice constitutes the 

countervailing duty order with respect 

to certain new pneumatic OTR tires 

from the PRC pursuant to section 706(a) 

of the Act. Interested parties may 

contact the Central Records Unit, Room 

1117 of the main Commerce building, 

for copies of an updated list of 

countervailing duty orders currently in 

effect. 

This countervailing duty order is 

issued and published in accordance 

with sections 705(c)(2) and 706 of the 

Act and 19 CFR 351.211. 

Dated: August 29, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–20568 Filed 9–3–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–803] 

Heavy Forged Hand Tools, Finished or 

Unfinished, With or Without Handles, 

From the People’s Republic of China: 

Rescission of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 5, 2008, the 

Department of Commerce (‘‘the 

Department’’) published a notice 

preliminarily rescinding the 

administrative review on the 

antidumping duty order on heavy forged 

hand tools from the People’s Republic of 

China, covering the period February 1, 

2006, through January 31, 2007. See 

Heavy Forged Hand Tools, Finished or 

Unfinished, With or Without Handles, 

From the People’s Republic of China: 

Preliminary Rescission of Antidumping 

Duty Administrative Review, 73 FR 

11867 (March 5, 2008) (‘‘Preliminary 

Rescission’’). We gave interested parties 

an opportunity to comment on the 

Preliminary Rescission. Based upon our 

analysis of the comments and 

information received, we have made no 

changes to the preliminary rescission. 

We find that there is no evidence that 

Truper Herraminetas S.A. de C.V. 

(‘‘Truper’’) made sales of the subject 

merchandise to the United States during 

the period of review (‘‘POR’’). 

DATES: Effective Date: September 4, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Javier Barrientos AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–2243. 

SUPPLEMENTARY INFORMATION: 

Case History 

On March 5, 2008, the Department 

published its Preliminary Rescission. 

On April 4, 2008, Council Tool 

Company (a domestic interested party) 

filed a timely case brief. On August 9, 

2008, Truper filed a timely rebuttal 

brief. On July 10, 2008, the Department 

published a notice extending the final 

results by 60 days to September 2, 

2008.1 See Heavy Forged Hand Tools, 

Finished or Unfinished, With or Without 

Handles, From the People’s Republic of 

China: Notice of Extension of Time 

Limit for the Final Results of 

Antidumping Duty Administrative 

Review, 73 FR 39655 (July 10, 2008). 

Scope of the Review 

The products covered by these orders 

are HFHTs from the PRC, comprising 

the following classes or kinds of 

merchandise: (1) Hammers and sledges 

with heads over 1.5 kg (3.33 pounds); 

(2) bars over 18 inches in length, track 

tools and wedges; (3) picks and 

mattocks; and (4) axes, adzes and 

similar hewing tools. 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 wood splitting 

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 System of the United States 

(‘‘HTSUS’’) subheadings: 8205.20.60, 

8205.59.30, 8201.30.00, 8201.40.60, and 

8205.59.5510. 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 


sroberts on PROD1PC77 with NOTICES
51630 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 

under. The HTSUS subheadings are 

provided for convenience and customs 

purposes. The written description 

remains dispositive. 

The Department issued nine 

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 ‘‘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; (7) on 

September 22, 2005, following remand, 

the U.S. Court of International Trade 

affirmed the Department’s 

determination that cast picks are outside 

the scope of the order; (8) on October 

14, 2005, the Department found the 

Mean Green Splitting Machine, 

imported by Avalanche Industries, 

under HTSUS 8201.40.60, to be within 

the scope of the bars/wedges order, and 

(9) on July 27, 2006, the Department 

found that the gooseneck claw wrecking 

bar which has a length of 17 7/8′′ not 

including the curvature portion of the 

bar stock, imported by Central 

Purchasing, LLC, to be outside the scope 

of the order for bars and wedges. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

proceeding and to which we have 

responded are listed in the Appendix to 

this notice and addressed in the Issues 

and Decision Memorandum (‘‘Final 

Decision Memo’’), which is hereby 

adopted by this notice. Parties can find 

a complete discussion of the issues 

raised in this administrative review and 

the corresponding recommendations in 

this public memorandum which is on 

file in the Central Records Unit of the 

main Department building. In addition, 

a copy of the Final Decision Memo can 

be accessed directly on our Web site at 

http://ia.ita.doc.gov/. The paper copy 

and electronic version of the Final 

Decision Memo are identical in content. 

Rescission of Review 

In our Preliminary Rescission, in 

accordance with 19 CFR 351.213(d)(3), 

we preliminarily rescinded the review 

for all four orders for Truper. For these 

final results, in accordance with 19 CFR 

351.213(d)(3), we are continuing to 

rescind this administrative review with 

respect to all four orders for Truper. The 

Department verified data from Truper, 

which supports its claim that it did not 

export subject merchandise to the 

United States during the POR. 

Furthermore, no party placed evidence 

on the record demonstrating that Truper 

exported the merchandise identified 

above during the POR to the United 

States since the issuance of the 

Preliminary Rescission. Therefore, in 

accordance with 19 CFR 351.213(d)(3) 

and consistent with the Department’s 

practice, we are rescinding this 

administrative review with respect to 

the hammers/sledges, picks/mattocks, 

axes/adzes, and bars/wedges for Truper. 

We are issuing and publishing this 

administrative review and notice in 

accordance with sections 751(a) and 

777(i) of the Tariff Act of 1930, as 

amended. 

Dated: August 28, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

Appendix I—Decision Memorandum 

I. Rescission of Antidumping Duty 

Administrative Review 

[FR Doc. E8–20539 Filed 9–3–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Notice of Solicitation of Applications 

for Allocation of Tariff Rate Quotas on 

the Import of Certain Worsted Wool 

Fabrics to Persons Who Cut and Sew 

Men’s and Boys’ Worsted Wool Suits, 

Suit-Type Jackets and Trousers in the 

United States 

AGENCY: Department of Commerce, 

International Trade Administration. 

ACTION: The Department of Commerce 

(Department) is soliciting applications 

for an allocation of the 2009 tariff rate 

quotas on certain worsted wool fabric to 

persons who cut and sew men’s and 

boys’ worsted wool suits, suit-type 

jackets and trousers in the United 

States. 

SUMMARY: The Department hereby 

solicits applications from persons 

(including firms, corporations, or other 

legal entities) who cut and sew men’s 

and boys’ worsted wool suits and suitlike jackets and trousers in the United 

States for an allocation of the 2009 tariff 

rate quotas on certain worsted wool 

fabric. Interested persons must submit 

an application on the form provided to 

the address listed below by October 6, 

2008. The Department will cause to be 

published in the Federal Register its 

determination to allocate the 2009 tariff 

rate quotas and will notify applicants of 

their respective allocation as soon as 

possible after that date. Promptly 

thereafter, the Department will issue 

licenses to eligible applicants. 

DATES: To be considered, applications 

must be received or postmarked by 5 

p.m. on October 6, 2008. 

ADDRESSES: Applications must be 

submitted to Office of Textiles and 

Apparel, Room 3001, United States 

Department of Commerce, Washington, 

D.C. 20230 (telephone: (202) 482-3400). 

Application forms may be obtained from 

that office (via facsimile or mail) or from 

the following Internet address: http:// 

web.ita.doc.gov/tacgi/wooltrq.nsf/ 

TRQApp. 

FOR FURTHER INFORMATION CONTACT: 

Robert Carrigg, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482-2573. 

SUPPLEMENTARY INFORMATION: 

BACKGROUND: 

Title V of the Trade and Development 

Act of 2000 (the Act) created two tariff 

rate quotas (TRQs), providing for 

temporary reductions in the import 

duties on limited quantities of two 

categories of worsted wool fabrics 

suitable for use in making suits, suittype jackets, or trousers: (1) for worsted 

wool fabric with average fiber diameters 

greater than 18.5 microns (Harmonized 

Tariff Schedule of the United States 

(HTS) heading 9902.51.11); and (2) for 

worsted wool fabric with average fiber 

diameters of 18.5 microns or less (HTS 

heading 9902.51.12). On August 6, 2002, 

President Bush signed into law the 

Trade Act of 2002, which includes 

several amendments to Title V of the 

Act. On December 3, 2004, the Act was 

further amended pursuant to the 

Miscellaneous Trade Act of 2004, Public 

Law 108-429, by increasing the TRQ for 

worsted wool fabric with average fiber 

diameters greater than 18.5 microns, 

HTS 9902.51.11, to an annual total level 

of 5.5 million square meters, and 

extending it through 2007, and 

increasing the TRQ for average fiber 

diameters of 18.5 microns or less, HTS 


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