Revocation of Antidumping Duty Order: Certain Internal-Combustion Industrial Forklift Trucks from Japan, 7014-7015 [E6-1881]

Download as PDF 7014 Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Notices changes to the margin calculation for Yancheng Hi–King. For the final results, we have updated the surrogate value for whole crawfish, based on definitive, final Spanish import statistics. For a discussion of these changes, see the Issues and Decision Memorandum at Comment 3. Final Results of Review We determine that the following antidumping duty margins exist: FRESHWATER CRAWFISH TAIL MEAT FROM THE PRC Weighted–Average Margin (Percent) Manufacturer/Exporter China Kingdom International ..................................................................................................................................... Weishan Zhenyu Foodstuff Co., Ltd. ......................................................................................................................... Yancheng Hi–King Agriculture Developing Co., Ltd. ................................................................................................ PRC–wide Rate (including Yancheng Yaou Seafood Co., Ltd.) ............................................................................... For details on the calculation of the antidumping duty margin for Yancheng Hi–King, see ‘‘Yancheng Hi–King Analysis Memorandum for the Final Results of Administrative Review on Freshwater Crawfish Tail Meat from the People’s Republic of China’’ (February 6, 2006). A public version of this memorandum is on file in the CRU. Assessment of Antidumping Duties The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of this review. For assessment purposes for companies with a calculated rate, where possible, the Department calculated importer–specific assessment rates for freshwater crawfish tail meat from the PRC on a per–unit basis. Specifically, the Department divided the total dumping margins (calculated as the difference between normal value and export price) for each importer by the total quantity of subject merchandise sold to that importer during the POR to calculate a per–unit assessment amount. The Department will direct CBP to assess importer– specific assessment rates based on the resulting per–unit (i.e., per–kilogram) rates by the weight in kilograms of each entry of the subject merchandise during the POR. rmajette on PROD1PC67 with NOTICES1 Cash Deposits The following cash–deposit requirements will be effective upon publication of the final results for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (‘‘the Act’’): (1) For subject merchandise exported by China Kingdom and Weishan Zhenyu, the cash–deposit rate will be equal to 223.01 percent; (2) for subject merchandise exported by VerDate Aug<31>2005 15:10 Feb 09, 2006 Jkt 208001 Yancheng Hi–King, we will establish a per–kilogram cash deposit rate which will be equivalent to the company– specific weighted–average margin established in this review; (3) the cash– deposit rate for PRC exporters who received a separate rate in a prior segment of the proceeding will continue to be the rate assigned in that segment of the proceeding; (4) for all other PRC exporters of subject merchandise which have not been found to be entitled to a separate rate (including Yancheng Yaou2), the cash–deposit rate will be the PRC–wide rate of 223.01 percent; (5) for all non–PRC exporters of subject merchandise, the cash–deposit rate will be the rate applicable to the PRC producer that supplied that exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties. This administrative review and notice is in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). 2 As Yancheng Yaou withdrew from verification and from the administrative review, the Department will continue to treat Yancheng Yaou and Qingdao Zhengri as a single entity. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 223.01 223.01 32.57 223.01 Dated: February 3, 2006. David Spooner, Assistant Secretary for Import Administration. Appendix I Comment 1: Bona Fides Determination for Yancheng Hi–King Comment 2: Application of Combination Rate for Yancheng Hi– King Comment 3: Use of Definitive Spanish Import Data [FR Doc. E6–1892 Filed 2–9–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–588–703] Revocation of Antidumping Duty Order: Certain Internal–Combustion Industrial Forklift Trucks from Japan Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), the International Trade Commission (ITC), in its sunset review, determined that revocation of the antidumping duty (AD) order on certain internal combustion forklift trucks (forklifts) from Japan would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Internal Combustion Industrial Forklift Trucks from Japan, 71 FR 5070 (January, 31 2006) (ITC Determination). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the AD order on forklifts from Japan. EFFECTIVE DATE: June 2, 2005. FOR FURTHER INFORMATION CONTACT: David Layton or David Goldberger, AD/ CVD Operations, Office 1, Import AGENCY: E:\FR\FM\10FEN1.SGM 10FEN1 Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Notices Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0371 and (202) 482–0182, respectively. SUPPLEMENTARY INFORMATION: rmajette on PROD1PC67 with NOTICES1 Background On June 7, 1988, the Department published its AD order and final amended determination on forklifts from Japan. See Antidumping Duty Order and Amendment to Final Determination of Sales at Less Than Fair Value; Certain Internal– Combustion, Industrial Forklift Trucks From Japan, 53 FR 20882 (June 7, 1988). In the amended final determination the Department found margins ranging from 13.65 - 56.81 percent for the selected respondents and 39.45 percent for ‘‘all other’’ manufacturers/producers/ exporters of forklifts from Japan. After an affirmative determination by the ITC in the first sunset review of forklifts from Japan, on June 2, 2000, the Department published the notice of continuation of the order. See Continuation of Antidumping Duty Orders and Countervailing Duty Order: Internal–Combustion, Industrial Forklift Trucks From Japan, 65 FR 35323. On March 1, 2005, the Department initiated, and the ITC instituted, sunset reviews of the AD order on forklifts from Japan. See Initiation of Five-year (Sunset) Reviews, 70 FR 9919. As a result of its review, the Department found that revocation of the AD order would likely lead to continuation or recurrence of dumping, and notified the ITC of the dumping rate likely to prevail if the AD order were revoked. See Internal–Combustion Forklift Trucks from Japan; Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 70 FR 58373 (October 6, 2005). On January 26, 2006, the ITC determined, pursuant to section 752 of the Act, that revocation of the AD order on forklifts from Japan would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See ITC Determination and USITC Publication 3831 (January 2006), entitled Internal– Combustion Forklift Trucks from Japan. Inv. No. 731–TA–377 (Second Review). Scope of the Order The products covered by this order are certain internal–combustion, industrial forklift trucks, with lifting capacity of 2,000 to 15,000 lbs. Imports of these products were classified under item numbers 692.4025, 692.4030, and VerDate Aug<31>2005 15:10 Feb 09, 2006 Jkt 208001 692.4070 of the Tariff Schedules of the United States Annotated (TSUSA) and are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 8427.20.00, 8427.90.00, and 8431.20.00. Although the HTSUS item numbers are provided for convenience and customs purposes, the written description remains dispositive. The products covered by this order are further described as follows: Assembled, not assembled, and less than complete, finished and not finished, operator–riding forklift trucks powered by gasoline, propane, or diesel fuel internal–combustion engines of off– the-highway types used in factories, warehouses, or transportation terminals for short–distance transport, towing, or handling of articles. Less than complete forklift trucks are defined as imports which include a frame by itself or a frame assembled with one or more component parts. Component parts of the subject forklift trucks which are not assembled with a frame are not covered by this order. Products not covered by this order are genuinely used forklifts. For the purposes of this antidumping duty order, we consider any forklift to be used if, at the time of entry into the United States, the importer can demonstrate to the satisfaction of the U.S. Customs and Border Protection (CBP) that the forklift was manufactured in a calendar year at least three years prior to the year of entry into the United States. The importer must show documentation from industrial publications that reconcile the serial number and year of manufacture of the forklift. If the calendar year of manufacture is at least three years prior to its year of entry into the United States, it will not be subject to the suspension of liquidation or any assessment of antidumping duties. For example, if a forklift is entered or withdrawn from warehouse, for consumption in June 1988 and if the importer demonstrates through industrial publications that the forklift was manufactured in or before calendar year 1985, that forklift will not be covered by this order. Determination As a result of the determination by the ITC that revocation of this AD order is not likely to lead to continuation or recurrence of material injury to an industry in the United States, the Department, pursuant to section 751(c) of the Act, is revoking the AD order on forklifts from Japan. Pursuant to section 751(c)(6)(A)(iii) of the Act and 19 CFR 351.222(i)(2)(ii), the effective date of PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 7015 revocation is June 2, 2005 (i.e., the fifth anniversary of the date of publication in the Federal Register of the notice of continuation of the AD order). The Department will notify CBP to discontinue suspension of liquidation and collection of cash deposits on entries of the subject merchandise entered or withdrawn from warehouse on or after June 2, 2005, the effective date of revocation of the AD order. The Department will complete any pending administrative reviews of this order and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. This five-year (sunset) review and notice are in accordance with section 751(d)(2) and published pursuant to section 777(i)(1) of the Act. Dated: February 3, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–1881 Filed 2–9–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–560–818, A–533–843, A–570–901] Notice of Postponement of Preliminary Determination of Antidumping Duty Investigation: Certain Lined Paper Products from the People’s Republic of China, India, and Indonesia Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 10, 2006. FOR FURTHER INFORMATION CONTACT: For the People’s Republic of China, contact Marin Weaver at (202) 482–2336 or Charles Riggle at (202) 482–0650; for India, contact Christopher Hargett at (202) 482–4161; and for Indonesia, contact Natalie Kempky at (202) 482– 1698, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. AGENCY: Postponement of Preliminary Determination On October 6, 2005, the Department of Commerce (‘‘Department’’) published the initiation of the antidumping duty investigations of certain lined paper products from India, Indonesia and the People’s Republic of China. See Initiation of Antidumping Duty Investigations: Certain Lined Paper E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Notices]
[Pages 7014-7015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1881]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-703]


Revocation of Antidumping Duty Order: Certain Internal-Combustion 
Industrial Forklift Trucks from Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act), the International Trade Commission (ITC), in its 
sunset review, determined that revocation of the antidumping duty (AD) 
order on certain internal combustion forklift trucks (forklifts) from 
Japan would not be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See Internal Combustion Industrial Forklift Trucks 
from Japan, 71 FR 5070 (January, 31 2006) (ITC Determination). 
Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(1)(iii), the Department is revoking the AD order on 
forklifts from Japan.

EFFECTIVE DATE: June 2, 2005.

FOR FURTHER INFORMATION CONTACT: David Layton or David Goldberger, AD/
CVD Operations, Office 1, Import

[[Page 7015]]

Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; 
telephone: (202) 482-0371 and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 7, 1988, the Department published its AD order and final 
amended determination on forklifts from Japan. See Antidumping Duty 
Order and Amendment to Final Determination of Sales at Less Than Fair 
Value; Certain Internal-Combustion, Industrial Forklift Trucks From 
Japan, 53 FR 20882 (June 7, 1988). In the amended final determination 
the Department found margins ranging from 13.65 - 56.81 percent for the 
selected respondents and 39.45 percent for ``all other'' manufacturers/
producers/exporters of forklifts from Japan. After an affirmative 
determination by the ITC in the first sunset review of forklifts from 
Japan, on June 2, 2000, the Department published the notice of 
continuation of the order. See Continuation of Antidumping Duty Orders 
and Countervailing Duty Order: Internal-Combustion, Industrial Forklift 
Trucks From Japan, 65 FR 35323.
    On March 1, 2005, the Department initiated, and the ITC instituted, 
sunset reviews of the AD order on forklifts from Japan. See Initiation 
of Five-year (Sunset) Reviews, 70 FR 9919. As a result of its review, 
the Department found that revocation of the AD order would likely lead 
to continuation or recurrence of dumping, and notified the ITC of the 
dumping rate likely to prevail if the AD order were revoked. See 
Internal-Combustion Forklift Trucks from Japan; Final Results of the 
Expedited Sunset Review of the Antidumping Duty Order, 70 FR 58373 
(October 6, 2005).
    On January 26, 2006, the ITC determined, pursuant to section 752 of 
the Act, that revocation of the AD order on forklifts from Japan would 
not be likely to lead to continuation or recurrence of material injury 
to an industry in the United States within a reasonably foreseeable 
time. See ITC Determination and USITC Publication 3831 (January 2006), 
entitled Internal-Combustion Forklift Trucks from Japan. Inv. No. 731-
TA-377 (Second Review).

Scope of the Order

    The products covered by this order are certain internal-combustion, 
industrial forklift trucks, with lifting capacity of 2,000 to 15,000 
lbs. Imports of these products were classified under item numbers 
692.4025, 692.4030, and 692.4070 of the Tariff Schedules of the United 
States Annotated (TSUSA) and are currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
8427.20.00, 8427.90.00, and 8431.20.00. Although the HTSUS item numbers 
are provided for convenience and customs purposes, the written 
description remains dispositive.
    The products covered by this order are further described as 
follows: Assembled, not assembled, and less than complete, finished and 
not finished, operator-riding forklift trucks powered by gasoline, 
propane, or diesel fuel internal-combustion engines of off-the-highway 
types used in factories, warehouses, or transportation terminals for 
short-distance transport, towing, or handling of articles. Less than 
complete forklift trucks are defined as imports which include a frame 
by itself or a frame assembled with one or more component parts. 
Component parts of the subject forklift trucks which are not assembled 
with a frame are not covered by this order.
    Products not covered by this order are genuinely used forklifts. 
For the purposes of this antidumping duty order, we consider any 
forklift to be used if, at the time of entry into the United States, 
the importer can demonstrate to the satisfaction of the U.S. Customs 
and Border Protection (CBP) that the forklift was manufactured in a 
calendar year at least three years prior to the year of entry into the 
United States. The importer must show documentation from industrial 
publications that reconcile the serial number and year of manufacture 
of the forklift. If the calendar year of manufacture is at least three 
years prior to its year of entry into the United States, it will not be 
subject to the suspension of liquidation or any assessment of 
antidumping duties. For example, if a forklift is entered or withdrawn 
from warehouse, for consumption in June 1988 and if the importer 
demonstrates through industrial publications that the forklift was 
manufactured in or before calendar year 1985, that forklift will not be 
covered by this order.

Determination

    As a result of the determination by the ITC that revocation of this 
AD order is not likely to lead to continuation or recurrence of 
material injury to an industry in the United States, the Department, 
pursuant to section 751(c) of the Act, is revoking the AD order on 
forklifts from Japan. Pursuant to section 751(c)(6)(A)(iii) of the Act 
and 19 CFR 351.222(i)(2)(ii), the effective date of revocation is June 
2, 2005 (i.e., the fifth anniversary of the date of publication in the 
Federal Register of the notice of continuation of the AD order). The 
Department will notify CBP to discontinue suspension of liquidation and 
collection of cash deposits on entries of the subject merchandise 
entered or withdrawn from warehouse on or after June 2, 2005, the 
effective date of revocation of the AD order. The Department will 
complete any pending administrative reviews of this order and will 
conduct administrative reviews of subject merchandise entered prior to 
the effective date of revocation in response to appropriately filed 
requests for review.
    This five-year (sunset) review and notice are in accordance with 
section 751(d)(2) and published pursuant to section 777(i)(1) of the 
Act.

    Dated: February 3, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-1881 Filed 2-9-06; 8:45 am]
BILLING CODE 3510-DS-S