[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Notices]
[Pages 37121-37122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15657]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-803]
Heavy Forged Hand Tools From the People's Republic of China:
Notice of Final Court Decision and Amended Final Results of Antidumping
Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and amended final results of
antidumping duty administrative reviews.
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EFFECTIVE DATE: June 23, 2003.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Mark Manning at (202)
482-3936 or (202) 482-5253, respectively; AD/CVD Enforcement Office IV,
Group II, Import Administration, Room 1870, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
SUMMARY: On March 18, 2003, the Court of Appeals for the Federal
Circuit (CAFC) denied a petition for panel rehearing subsequent to its
decision affirming the United States Court of International Trade
(CIT), which had sustained the remand determination of the Department
of Commerce (the Department) in the administrative review of the
antidumping duty orders on heavy forged hand tools (HFHTs) from the
People's Republic of China (PRC), covering the period February 1, 1998,
through January 31, 1999. See Shandong Huarong General Group Corp.,
Liaoning Machinery Import & Export Company, and Tianjin Machinery
Import & Export Corp. v. United States, No. 02-1095 (Fed. Cir. 2003).
As there is now a final court decision, we are amending the amended
final results of the review in this matter. We will instruct the Bureau
of Customs and Border Protection (BCBP) to liquidate entries subject to
these amended final results.
Background
On July 13, 2000, the Department published the final results of its
eighth antidumping duty administrative review of HFHTs from the PRC.
See Heavy Forged Hand Tools from the People's Republic of China: Notice
of Final Results and Partial Rescission of
[[Page 37122]]
Antidumping Duty Administrative Reviews, 65 FR 43290 (July 13, 2000)
(98-99 Final Results). On August 18, 2000, the Department published
amended final results of its antidumping duty review of HFHTs from the
PRC. See Heavy Forged Hand Tools from the People's Republic of China;
Amended Final Results of Antidumping Duty Administrative Reviews, 65 FR
50499 (August 18, 2000) (Amended 98-99 Final Results).
Following the publication of the Amended 98-99 Final Results,
Shandong Huarong General Group Corp. (Huarong), Liaoning Machinery
Import & Export Company (LMC), and Tianjin Machinery Import & Export
Corp. (TMC) challenged certain aspects of our final results and amended
final results before the CIT. This litigation resulted in a remand
order by the CIT to revise the margin calculation program by
redetermining the surrogate value for pallets and recalculating the
margin accordingly. See Shandong Huarong General Group Corp., Liaoning
Machinery Import & Export Company, and Tianjin Machinery Import &
Export Corp. v. United States, 159 F. Supp. 2d 714 (Ct. Int'l Trade,
2001). On September 20, 2001, the Department issued its Final Results
Of Redetermination Pursuant to Court Remand, Shandong Huarong General
Corp. v. The United States (Remand Redetermination), addressing the
ruling of the CIT. The Remand Redetermination can be found at http://www.ia.ita.doc.gov/remands/01-88.htm.
On October 30, 2001, the CIT sustained the redetermination made by
the Department pursuant to the remand. See Shandong Huarong General
Group Corp., Liaoning Machinery Import & Export Company, and Tianjin
Machinery Import & Export Corp. v. United States, 177 F. Supp. 2d 1304
(Ct. Int'l Trade, 2001). The decision of the CIT was subsequently
affirmed by the CAFC. See Shandong Huarong General Group Corp.,
Liaoning Machinery Import & Export Company, and Tianjin Machinery
Import & Export Corp. v. United States, No. 02-1095 (Fed. Cir. 2003). A
panel rehearing was denied on March 18, 2003.
Amendment to Final Results
The time period for appealing the CAFC's final decision has expired
and no party has appealed this decision. As there is now a final and
conclusive court decision with respect to litigation for Huarong, LMC,
and TMC, we are amending the final results of review to reflect the
findings of the remand results, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the Act). The amended weighted-average
margins are:
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Margin
Manufacturer/exporter (percent)
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Shandong Huarong General Group Corporation:
Axes/Adzes............................................... 55.74
Bars/Wedges.............................................. 27.28
Liaoning Machinery Import & Export Corporation: Bars/Wedges 27.18
Tianjin Machinery Import & Export Corporation:
Axes/Adzes............................................... 55.74
Bars/Wedges.............................................. 139.31
Hammers/Sledges.......................................... 0.41
Picks/Mattocks........................................... 0.10
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Assessment Rates
The Department will determine, and the BCBP shall assess,
antidumping duties on all appropriate entries. In accordance with 19
CFR 351.212(b)(1), we have calculated an importer-specific assessment
rate for merchandise subject to this review. Where the importer-
specific assessment rate is above de minimis, we will instruct the BCBP
to assess antidumping duties on that importer's entries of subject
merchandise. The Department will issue appropriate assessment
instructions directly to the BCBP within 15 days of publication of
these amended final results of review. We will direct the BCBP to
assess the resulting assessment rates for the subject merchandise on
each of the importer's entries during the review period.
Notification
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act (19 U.S.C. 1675(a)(1) and 19 U.S.C. 1677f(i)(1)).
Dated: June 16, 2003.
Joseph A. Spetrini,
Assistant Secretary for Import Administration.
[FR Doc. 03-15657 Filed 6-20-03; 8:45 am]
BILLING CODE 3510-DS-M