[Federal Register: April 1, 2008 (Volume 73, Number 63)]
[Notices]
[Page 17316-17317]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap08-31]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-803
13th Administrative Review of Heavy Forged Hand Tools, Finished
or Unfinished, With or Without Handles, from the People's Republic of
China: Notice of Amended Final Results of Sales at Less Than Fair Value
and Antidumping Duty Order Pursuant to Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 1, 2008.
FOR FURTHER INFORMATION CONTACT: Paul Walker, 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- 482-0413.
SUPPLEMENTARY INFORMATION:
Background
This matter arose from a challenge to the results in the Department
of Commerce's (the ``Department'') Heavy Forged Hand Tools, Finished or
Unfinished, With or Without Handles, From the People's Republic of
China: Final Results of Antidumping Duty Administrative Reviews and
Final Rescission and Partial Rescission of Antidumping Duty
Administrative Reviews, 70 FR 54897 (September 19, 2005) (``Final
Results''), and accompanying Issues and Decisions Memorandum, covering
the period of review (``POR''), February 1, 2003 January 31, 2004.
Following publication of the Final Results, the Petitioner, Ames True
Temper Inc. (``Ames''), filed a lawsuit with the Court of International
Trade (``CIT'') challenging the Department's Final Results. Ames
contested several aspects of the Final Results, including the
Department's decision to only use certain factors of production
(``FOPs'') to value Shandong Huarong Machinery Co., Ltd.'s self-
produced, metal pallets.
On August 31, 2007 the CIT directed the Department to reopen the
record and obtain additional evidence regarding Huarong's production of
metal pallets. See Ames True Temper v. United States, 2007 Ct. Int'l
Trade LEXIS 131, Slip Op. 2007-133 (CIT 2007) (``Ames''). Pursuant to
the CIT's remand instructions, we issued supplemental questionnaires on
September 19, 2007 and October 19, 2007. Huarong responded to the
questionnaires on October 17, 2007 and October 26, 2007, respectively.
In the supplemental questionnaires the Department requested: (a)
consumption ratios for all factors of production (``FOPs'') associated
with the production of pallets used in packing and shipping heavy
forged hand tools; (b) information to select surrogate values for any
unreported pallet making FOPs; and, (c) supplier distances for any
unreported pallet making FOPs.
The Department released the Draft Results of Redetermination
Pursuant to Court Remand to Ames and Huarong for comment on November
16, 2007. No party submitted comments. On November 28, 2007 the
Department filed its final results of redetermination pursuant to
remand in Ames with the CIT. See Final Results of Redetermination
Pursuant to Court Remand, Court No. 05-00581 (November 28, 2007)
(``Final Redetermination''), found at http://ia.ita.doc.gov/remands/07-
133.pdf. In the remand redetermination, the Department determined that
welding wire was consumed in Huarong's pallet making process and that
welding wire should have been reported by Huarong as a FOP during the
thirteenth review. The Department valued welding wire using publicly
available Indian import statistics for February 2003 - January 2004
from the World Trade Atlas (``WTA''). Thus, the Department included the
cost of welding wire in Huarong's normal value, including freight costs
associated with Huarong's purchases of the welding wire. On January 18,
2008 the CIT sustained all aspects of the remand redetermination made
by the Department pursuant to the CIT's remand of the Final Results.
See Ames True Temper v. United States, Slip Op. 08-8 (CIT 2008).
On January 30, 2008, consistent with the decision in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified
the public that the Court's decision was not in harmony with the
Department's final results. See Heavy Forged Hand Tools from the
People's Republic of China: Notice of Court Decision Not In Harmony
With Final Results of Administrative Review, 73 FR 5514 (January 30,
2008). No party appealed the CIT's decision. As there is now a final
and conclusive court decision in this case, we are amending our Final
Results.
Amended Final Results
As the litigation in this case has concluded, the Department is
amending the Final Results to reflect the results of our remand
determination. The revised dumping margin for the order on axes/adzes
in the amended final results is as follows:
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Exporter Margin
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Shandong Huarong Machinery Co., Ltd................. 175.04%
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The PRC-wide rate continues to be 175.04 percent as determined in
the Department's Final Results. The Department intends to issue
instructions to U.S. Customs and Border Protection (``CBP'') fifteen
days after publication of this notice, to revise the cash deposit rates
for the company listed above, effective as of the publication date of
this notice. Because Huarong obtained a preliminary injunction, we will
also instruct CBP to liquidate all entries at the appropriate rate.\1\
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\1\ We will not issue liquidation instructions with respect to
any other heavy forged handtools order, i.e., bars/wedges, picks/
mattocks and hammers/sledges.
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This notice is published in accordance with sections 735(d) and
777(i) of the Tariff Act of 1930, as amended.
[[Page 17317]]
Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-6679 Filed 3-31-08; 8:45 am]
BILLING CODE 3510-DS-S