[Federal Register Volume 63, Number 200 (Friday, October 16, 1998)]
[Notices]
[Pages 55577-55578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27884]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-803]
Amended Final Results of Antidumping Duty Administrative Reviews
Pursuant To Remand From the Court of International Trade: Heavy Forged
Hand Tools, Finished or Unfinished, With or Without Handles, From the
People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative reviews.
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[[Page 55578]]
EFFECTIVE DATE: October 15, 1998.
FOR FURTHER INFORMATION CONTACT: Alexander Amdur or Wendy Frankel,
Office of AD/CVD Enforcement, Group II, Office IV, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone: (202) 482-5346 or (202) 482-5849, respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise stated, 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, as amended (the
Act) by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department of Commerce's (the
Department's) regulations are references to the provisions codified at
19 CFR part 353 (April 1997).
Amended Final Results
On March 13, 1997, the Department published the final results of
its administrative reviews of the antidumping duty order on heavy
forged hand tools, finished or unfinished, with or without handles
(HFHTs) from the People's Republic of China (PRC) (62 FR 11813). These
reviews cover five manufacturers/exporters and the period of review
(POR) is February 1, 1996, through January 31, 1997.
After publication of our final results, we received timely
allegations from two respondents, Shandong Machinery Import & Export
Corporation (SMC) and Tianjin Machinery Import & Export Corporation
(TMC), that we had made ministerial errors in our calculations for the
final results. We also received timely rebuttal comments from O. Ames
Co. (the petitioner). In particular, SMC alleged that the Department
erroneously used the finished weight of another class of merchandise in
the ocean freight calculations for two transactions involving the
importation of hammers into the United States. Based on our analysis of
the ministerial error allegations, we agree with SMC and, therefore, in
accordance with 19 CFR 353.28, we have made a change to the final
margin calculations only with regard to these sales. For a detailed
discussion of the Department's analysis of the ministerial error
allegations, see the Memorandum to Holly A. Kuga from the HFHTs Team,
Analysis of Allegations of Ministerial Errors, dated August 21, 1998.
On September 16, 1998, the Court of International Trade granted the
Department leave to correct the ministerial error pertaining to ocean
freight charges. Pursuant to the Court's order, we are amending the
final results of the antidumping duty administrative review of HFHTs
from the PRC with regard to SMC. SMC's revised final weighted-average
dumping margin is as follows:
------------------------------------------------------------------------
Margin
Manufacturer/Exporter (percent)
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Shandong Machinery Import & Export Corporation (SMC):
(Hammers/Sledges)........................................... 6.02
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The Department shall determine, and the U.S. Customs Service
(Customs) shall assess, antidumping duties on all appropriate entries.
We will direct Customs to collect cash deposits of estimated
antidumping duties on all appropriate entries in accordance with the
procedures discussed in the final results of review (62 FR 11813,
11819) 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 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 doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative 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) 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 this determination in accordance with
sections 751(h) and 777(i) of the Act and 19 CFR 353.28(c).
Dated: October 13, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-27884 Filed 10-15-98; 8:45 am]
BILLING CODE 3510-DS-P