Heavy Forged Hand Tools (i.e., Axes & Adzes, Bars & Wedges, Hammers & Sledges, and Picks & Mattocks) from the People's Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Orders, 67451-67452 [05-22146]
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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices
Docket Number: 05–042. Applicant:
Georgia Institute of Technology, 711
Marietta St., Atlanta, GA 30332.
Instrument: Dual Beam SEM/FIB
Electron Microscope System, Model
Nova 200 Nanolab. Manufacturer: FEI
Company, The Netherlands. Intended
Use: The instrument is intended to be
used to improve understanding of
molecular mechanisms and functional
assemblies, initiate development of new
materials, and facilitate advances in
environmental analysis and detection.
New research and creative concepts will
include: (1) multifunctional scanning
nanoprobes and quantum cascade laser–
based sensing systems,(2) stimulated
surface chemistry using metal–
insulator-metal (MIM) devices
containing nano–scale field emission
arrays,(3) optically gated single
molecule transistors,(4) shape–
preserving chemical conversion of 3–D
bioclastic structures,(5) impedance
mapping AFM cantilever arrays and (6)
nanobelts as nanobiosensors, and
nanocantilevers. Application accepted
by Commissioner of Customs:
September 15, 2005.
Docket Number: 05–043. Applicant:
Massachusetts General Hospital, 55
Fruit Street, Boston, MA 02114.
Instrument: Electron Microscope, Model
JEM–1011. Manufacturer: JEOL Ltd.,
Japan. Intended Use: The instrument is
intended to be used by the professional
laboratory staff at Massachusetts
General Hospital for the advancement of
scientific knowledge relating to U.S.
government funded medical research
projects using electron microscopy,
electron microtomy and
ultracryomicrotomy techniques.
Application accepted by Commissioner
of Customs: September 12, 2005.
Gerald A. Zerdy,
Program Manager, Statutory Import Programs
Staff.
[FR Doc. 05–22151 Filed 11–4–05; 8:45 am]
Billing Code: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
University of California, San Diego, et
al., Notice of Consolidated Decision on
Applications for Duty–Free Entry of
Scientific Instruments
This is a decision consolidated
pursuant to Section 6(c) of the
Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, 80 Stat. 897; 15 CFR part
301). Related records can be viewed
between 8:30 A.M. and 5:00 P.M. in
Suite 4100W, Franklin Court Building,
VerDate Aug<31>2005
16:38 Nov 04, 2005
Jkt 208001
U.S. Department of Commerce, 1099
14th Street, NW, Washington, D.C.
Comments: None received. Decision:
Approved. No instrument of equivalent
scientific value to the foreign
instruments described below, for such
purposes as each is intended to be used,
is being manufactured in the United
States.
Docket Number: 05–038. Applicant:
University of California, San Diego.
Instrument: Low–Temperature Ultra–
High Vacuum Scanning Tunneling
Microscope. Manufacturer: Omicron
NanoTechnology, GmbH, Germany.
Intended Use: See notice at 70 FR
54366, September 14, 2005. Reasons:
The foreign instrument provides: (1) a
scanning tunneling microscope (STM)
mounted inside a 4K liquid helium
reservoir (8-hour time between liquid
He refills), (2) operation at an
equilibrium temperature of 4 K
(including both tip and sample), (3) in–
situ sample manipulation and tip
transfer capabilities, (4) low drift rates
of 1.0 angstrom/hour (5) RMS vibration
amplitudes of <0.005 angstrom in a 300
Hz bandwidth and (6) sample surface
facing downwards during STM imaging
for easy dosing. Advice received from:
A university research laboratory for
advanced microstructures and devices.
Docket Number: 05–039. Applicant:
University of Wisconsin, Eau Claire.
Instrument: Automatic Fusion Machine,
Model Autofluxer 4. Manufacturer:
Breitlander, GmbH, Germany. Intended
Use: See notice at 70 FR . Reasons: The
foreign instrument provides dissolution
of whole rock powder by a combination
fusion/acid digestion for trace element
analysis by ICP mass spectrometry. No
apparatus of equivalent scientific value
to the foreign apparatus, for such
purposes as it is intended to be used, is
being manufactured in the United
States. This is a compatible accessory
for an existing instrument purchased for
the use of the applicant. The accessory
is pertinent to the intended uses and we
know of no domestic accessory which
can be readily adapted for use with the
existing instrument.
Docket Number: 05–040. Applicant:
National Renewable Energy Laboratory,
Golden, CO, 80401. Instrument: Dual
Beam Focused Ion Beam Electron
Microscope, Model Nova 200 NanoLab.
Manufacturer: FEI Company, The
Netherlands. Intended Use: See notice at
70 FR 54366, September 14, 2005.
Reasons: The foreign instrument is an
electron microscope and is intended for
research or scientific educational uses
requiring it. We know of no instrument
suited to these purposes, which was
being manufactured in the United States
at the time of order of the instrument.
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
67451
We know of no other instrument or
apparatus being manufactured in the
United States which is of equivalent
scientific value to any of the foreign
instruments.
Gerald A. Zerdy,
Program Manager, Statutory Import Programs
Staff.
[FR Doc. 05–22150 Filed 11–4–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–803)
Heavy Forged Hand Tools (i.e., Axes &
Adzes, Bars & Wedges, Hammers &
Sledges, and Picks & Mattocks) from
the People’s Republic of China: Final
Results of the Expedited Sunset
Review of the Antidumping Duty
Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 1, 2005, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the antidumping duty (‘‘AD’’) orders
on Heavy Forged Hand Tools (i.e., Axes
& Adzes, Bars & Wedges, Hammers &
Sledges, and Picks & Mattocks)
(‘‘HFHTs’’) from the People’s Republic
of China pursuant to section 751(c) of
the Tariff Act of 1930, as amended (‘‘the
Act’’). On the basis of notices of intent
to participate and adequate substantive
responses filed on behalf of the
domestic interested parties and lack of
response from respondent interested
parties, the Department conducted an
expedited sunset review of the AD
orders pursuant to section 751(c)(3)(B)
of the Act and section
351.218(e)(1)(ii)(C)(2) of the
Department’s regulations. As a result of
this sunset review, the Department finds
that revocation of the AD orders would
likely lead to continuation or recurrence
of dumping at the levels indicated in the
‘‘Final Results of Review’’ section of this
notice.
EFFECTIVE DATE: November 7, 2005.
FOR FURTHER INFORMATION CONTACT:
Maureen Flannery, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–3020.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 1, 2005, the Department
initiated a sunset review of the AD
E:\FR\FM\07NON1.SGM
07NON1
67452
Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices
orders on HFHTs pursuant to section
751(c) of the Act. See Initiation of Fiveyear (Sunset) Reviews, 70 FR 38101
(July 1, 2005). The Department received
notices of intent to participate from the
following domestic parties within the
deadline specified in 19 CFR
351.218(d)(1)(i): Ames True Temper
(‘‘Ames’’) and Council Tool Company
(‘‘Council Tool’’).1 These two parties
claimed interested party status under
section 771(9)(C) of the Act and 19 CFR
351.102(b), as domestic manufacturers
and producers of the domestic like
product. The Department received a
substantive response from Ames and
Council Tool (collectively ‘‘the domestic
interested parties’’) within the 30-day
deadline specified in 19 CFR
351.218(d)(3)(i). The Department did
not receive a substantive response from
any of the respondent interested parties
to these proceedings. As a result,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
the Department conducted an expedited
sunset review of these AD orders.
Scope of the Orders
The products covered by these orders
are HFHTs comprising the following
classes or kinds of merchandise: (1)
hammers and sledges with heads over
1.5 kg (3.33 pounds) (hammers/sledges);
(2) bars over 18 inches in length, track
tools and wedges (bars/wedges); (3)
picks and mattocks (picks/mattocks);
and (4) axes, adzes and similar hewing
tools (axes/adzes).
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 woodsplitting
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
1 Ames is the successor company to WoodingsVerona Tool Works, the petitioner in the original
investigation. Council Tool is a U.S. producer of
heavy forged hand tools, such as axes and adzes,
bars and wedges, hammers and sledges, and picks
and mattocks. For letters submitted by Ames and
Council Tool, see the ‘‘Background’’ section of the
accompanying ‘‘Issues and Decision Memorandum
for the Expedited Sunset Review of the
Antidumping Duty Orders on Heavy Forged Hand
Tools (i.e., Axes & Adzes, Bars & Wedges, Hammers
& Sledges, and Picks & Mattocks) from the People’s
Republic of China: Final Results,’’ from Stephen J.
Claeys, Deputy Assistant Secretary for Import
Administration, to Joseph A. Spetrini, Acting
Assistant Secretary for Import Administration,
dated October 31, 2005 (‘‘Decision Memo’’).
VerDate Aug<31>2005
16:38 Nov 04, 2005
Jkt 208001
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 Schedule of the United States
(‘‘HTSUS’’) subheadings: 8205.20.60,
8205.59.30, 8201.30.00, and 8201.40.60.
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 under.
The Department has issued seven
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 ‘‘Scrapek
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; and (7) on October 14,
2005, the Department found the ‘‘Mean
Green Splitting Machine’’ imported by
Avalanche Industries to be within the
scope of the bars/wedges order.2
In addition, on September 22, 2005,
the Court of International Trade
sustained the Department’s finding that
cast picks are outside the scope of the
picks/mattocks order. See Tianjin
Machinery Import & Export Corporation
v. United States and Ames True
Temper, Slip Op. 05–127, Court No. 03–
00732 (September 22, 2005).
These reviews cover imports from all
manufacturers and exporters of axes and
2 See ‘‘Final Scope Ruling: Antidumping Duty
Order on Heavy Forged Hand Tools, Finished or
Unfinished, With or Without Handles, From the
People’s Republic of China,’’ from James C. Doyle,
Office Director, Office 9, Import Administration, to
Gary Taverman, Acting Deputy Assistant Secretary
for Import Administration, dated October 14, 2005.
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
adzes, bars and wedges, hammers and
sledges, and picks and mattocks from
the PRC.
Analysis of Comments Received
All issues raised in these reviews are
addressed in the Decision
Memorandum, which is hereby adopted
by this notice (see footnote 1). The
issues discussed in the accompanying
Decision Memorandum include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
dumping margin likely to prevail if the
AD orders were revoked. Parties can
find a complete discussion of all issues
raised in these reviews and the
corresponding recommendations in this
public memorandum which is on file in
the Central Records Unit, room B–099,
of the main Commerce building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Final Results of Sunset Review
The Department determines that
revocation of the AD orders on HFHTs
would likely lead to continuation or
recurrence of dumping at the rates listed
below:
PRC–Wide
Axes/Adzes ...................
Picks/Mattocks ..............
Bars/Wedges ................
Hammers/Sledges ........
Margin (percent)
15.02
50.81
31.76
45.42
percent
percent
percent
percent
Notification regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials 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 these
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: October 31, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–22146 Filed 11–4–05; 8:45 am]
BILLING CODE 3510–DS–S
E:\FR\FM\07NON1.SGM
07NON1
]]>Agencies
[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Notices]
[Pages 67451-67452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22146]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-803)
Heavy Forged Hand Tools (i.e., Axes & Adzes, Bars & Wedges,
Hammers & Sledges, and Picks & Mattocks) from the People's Republic of
China: Final Results of the Expedited Sunset Review of the Antidumping
Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 1, 2005, the Department of Commerce (``the
Department'') initiated a sunset review of the antidumping duty
(``AD'') orders on Heavy Forged Hand Tools (i.e., Axes & Adzes, Bars &
Wedges, Hammers & Sledges, and Picks & Mattocks) (``HFHTs'') from the
People's Republic of China pursuant to section 751(c) of the Tariff Act
of 1930, as amended (``the Act''). On the basis of notices of intent to
participate and adequate substantive responses filed on behalf of the
domestic interested parties and lack of response from respondent
interested parties, the Department conducted an expedited sunset review
of the AD orders pursuant to section 751(c)(3)(B) of the Act and
section 351.218(e)(1)(ii)(C)(2) of the Department's regulations. As a
result of this sunset review, the Department finds that revocation of
the AD orders would likely lead to continuation or recurrence of
dumping at the levels indicated in the ``Final Results of Review''
section of this notice.
EFFECTIVE DATE: November 7, 2005.
FOR FURTHER INFORMATION CONTACT: Maureen Flannery, AD/CVD Operations,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-3020.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2005, the Department initiated a sunset review of the AD
[[Page 67452]]
orders on HFHTs pursuant to section 751(c) of the Act. See Initiation
of Five-year (Sunset) Reviews, 70 FR 38101 (July 1, 2005). The
Department received notices of intent to participate from the following
domestic parties within the deadline specified in 19 CFR
351.218(d)(1)(i): Ames True Temper (``Ames'') and Council Tool Company
(``Council Tool'').\1\ These two parties claimed interested party
status under section 771(9)(C) of the Act and 19 CFR 351.102(b), as
domestic manufacturers and producers of the domestic like product. The
Department received a substantive response from Ames and Council Tool
(collectively ``the domestic interested parties'') within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not
receive a substantive response from any of the respondent interested
parties to these proceedings. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited sunset review of these AD orders.
---------------------------------------------------------------------------
\1\ Ames is the successor company to Woodings-Verona Tool Works,
the petitioner in the original investigation. Council Tool is a U.S.
producer of heavy forged hand tools, such as axes and adzes, bars
and wedges, hammers and sledges, and picks and mattocks. For letters
submitted by Ames and Council Tool, see the ``Background'' section
of the accompanying ``Issues and Decision Memorandum for the
Expedited Sunset Review of the Antidumping Duty Orders on Heavy
Forged Hand Tools (i.e., Axes & Adzes, Bars & Wedges, Hammers &
Sledges, and Picks & Mattocks) from the People's Republic of China:
Final Results,'' from Stephen J. Claeys, Deputy Assistant Secretary
for Import Administration, to Joseph A. Spetrini, Acting Assistant
Secretary for Import Administration, dated October 31, 2005
(``Decision Memo'').
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are HFHTs comprising the
following classes or kinds of merchandise: (1) hammers and sledges with
heads over 1.5 kg (3.33 pounds) (hammers/sledges); (2) bars over 18
inches in length, track tools and wedges (bars/wedges); (3) picks and
mattocks (picks/mattocks); and (4) axes, adzes and similar hewing tools
(axes/adzes).
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 woodsplitting 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 Schedule of the United States
(``HTSUS'') subheadings: 8205.20.60, 8205.59.30, 8201.30.00, and
8201.40.60. 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 under.
The Department has issued seven 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
``Scrapek 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; and (7) on October 14, 2005, the Department
found the ``Mean Green Splitting Machine'' imported by Avalanche
Industries to be within the scope of the bars/wedges order.\2\
---------------------------------------------------------------------------
\2\ See ``Final Scope Ruling: Antidumping Duty Order on Heavy
Forged Hand Tools, Finished or Unfinished, With or Without Handles,
From the People's Republic of China,'' from James C. Doyle, Office
Director, Office 9, Import Administration, to Gary Taverman, Acting
Deputy Assistant Secretary for Import Administration, dated October
14, 2005.
---------------------------------------------------------------------------
In addition, on September 22, 2005, the Court of International
Trade sustained the Department's finding that cast picks are outside
the scope of the picks/mattocks order. See Tianjin Machinery Import &
Export Corporation v. United States and Ames True Temper, Slip Op. 05-
127, Court No. 03-00732 (September 22, 2005).
These reviews cover imports from all manufacturers and exporters of
axes and adzes, bars and wedges, hammers and sledges, and picks and
mattocks from the PRC.
Analysis of Comments Received
All issues raised in these reviews are addressed in the Decision
Memorandum, which is hereby adopted by this notice (see footnote 1).
The issues discussed in the accompanying Decision Memorandum include
the likelihood of continuation or recurrence of dumping and the
magnitude of the dumping margin likely to prevail if the AD orders were
revoked. Parties can find a complete discussion of all issues raised in
these reviews and the corresponding recommendations in this public
memorandum which is on file in the Central Records Unit, room B-099, of
the main Commerce building. In addition, a complete version of the
Decision Memorandum can be accessed directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Final Results of Sunset Review
The Department determines that revocation of the AD orders on HFHTs
would likely lead to continuation or recurrence of dumping at the rates
listed below:
------------------------------------------------------------------------
PRC-Wide Margin (percent)
------------------------------------------------------------------------
Axes/Adzes.......................................... 15.02 percent
Picks/Mattocks...................................... 50.81 percent
Bars/Wedges......................................... 31.76 percent
Hammers/Sledges..................................... 45.42 percent
------------------------------------------------------------------------
Notification regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials 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 these results and notice in
accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: October 31, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-22146 Filed 11-4-05; 8:45 am]
BILLING CODE 3510-DS-S
