Heavy Forged Hand Tools From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review, 5514-5515 [08-404]

Download as PDF 5514 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices Supplement to the Petition dated July 6, 2007, at Exhibit 4. This 27.04 percent rate will be applied to the following seven responsive firms that were not selected as mandatory respondents: Borusan Mannesmann Boru, Erbosan Erciyas Boru Sanayii ve Ticaret A.S., Noksel Steel Pipe Co., Ozborsan Boru San. Ve Tic. A.S., Ozdemir Boru Sanayi ve Ticaret Ltd. Sti., Toscelik Profil Ve Sac End. A.S, and Yucel Boru ve Profil Endustrisi A.S. Preliminary Determination We preliminarily determine the following weighted-average dumping margins exist for the period April 1, 2006 through March 31, 2007: Producer/Exporter mstockstill on PROD1PC66 with NOTICES Guven Boru Profil Sanayii ve Ticaret Limited Sirketi ....... MMZ Onur Boru Profil Uretim San. ve Tic. A.S ................ Anadolu Boru ........................ Ayata Metal Industry ............. Goktas Tube ......................... Kalibre Boru Sanayi ve Ticaret A.S ........................ Kerim Celik Mamulleri Imalat ve Ticaret .......................... Ozgur Boru ........................... Ozmak Makina ve Elektrik Sanayi ............................... Seamless Steel Tube and Pipe Co. (Celbor) .............. Umran Steel Pipe Inc. .......... Yusan Industries, Ltd. ........... Borusan Mannesmann Boru Erbosan Erciyas Boru Sanayii ve Ticaret A.S ...... Noksel Steel Pipe Co ........... Ozborsan Boru San. ve Tic. A.S .................................... Ozdemir Boru Sanayi ve Ticaret Ltd. Sti ................... Toscelik Profil ve Sac End. A.S .................................... Yucel Boru ve Profil Endustrisi A.S ................... All Others .............................. Weightedaverage margin (percentage) 41.71 41.71 41.71 41.71 41.71 41.71 41.71 41.71 41.71 41.71 41.71 41.71 27.04 27.04 27.04 27.04 27.04 27.04 27.04 27.04 Suspension of Liquidation In accordance with section 733(d)(2) of the Tariff Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of light-walled rectangular pipe and tube from Turkey that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. We will instruct CBP to require a cash deposit or the posting of a bond equal to the weighted-average margins, as indicated in the chart above, as follows: (1) The rate for the firms VerDate Aug<31>2005 18:49 Jan 29, 2008 Jkt 214001 listed above will be the rate we have determined in this preliminary determination; (2) if the exporter is not a firm identified in this investigation, but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 27.04 percent. These suspension-ofliquidation instructions will remain in effect until further notice. Comission Notification In accordance with section 733(f) of the Tariff Act, we have notified the Commission of the Department’s preliminary affirmative determination. If the Department’s final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether imports of light-walled rectangular Pipe and tube from Turkey are materially injuring, or threaten material injury to, the U.S. industry. Public Comment Interested parties are invited to comment on the preliminary determination. Interested parties may submit case briefs to the Department no later than fifty days after the date of publication of this notice. See 19 CFR 351.309(c)(1)(i). Rebuttal briefs, limited to the issues raised in the case briefs, must be filed within five days from the deadline date for the submission of case briefs. See 19 CFR 351.309(d)(1) and (2). A list of authorities used, a table of contents, and an executive summary of issues should accompany any briefs submitted to the Department. Executive summaries should be limited to five pages total, including footnotes. Further, we request that parties submitting briefs and rebuttal briefs provide the Department with a copy of the public version of such briefs on diskette. In accordance with section 774 of the Tariff Act, the Department will hold a public hearing, if requested, to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs, provided that such a hearing is requested by an interested party. If a request for a hearing is made in this investigation, the hearing will be scheduled two days after the deadline for submitting rebuttal briefs at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, at a time and in a room to be determined. Parties should confirm by telephone, the date, time, and location of the hearing 48 hours before the scheduled date. Interested parties who wish to request a hearing, or to participate in a hearing if one is PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, within 30 days of the publication of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. See 19 CFR 351.310(c). At the hearing oral presentations will be limited to issues raised in the briefs. This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Tariff Act. Dated: January 23, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–1665 Filed 1–29–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–803] Heavy Forged Hand Tools From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 18, 2008, the United States Court of International Trade (‘‘CIT’’) sustained the remand redetermination issued by the Department of Commerce (‘‘the Department’’) pursuant to the CIT’s remand order in the final results of the thirteenth administrative review of the antidumping duty orders on heavy forged hand tools from the People’s Republic of China. See Ames True Temper v. United States, Slip Op. 08– 8 (CIT 2008) (‘‘Ames II’’). This case arises out of the Department’s final results in the administrative review covering the period February 1, 2003, through January 31, 2004. See 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’’). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’), the Department is notifying the public that Ames II is not AGENCY: E:\FR\FM\30JAN1.SGM 30JAN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices in harmony with the Department’s Final Results. EFFECTIVE DATE: January 30, 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 Ave., NW., Washington, DC 20230; telephone: (202) 482–0413. SUPPLEMENTARY INFORMATION: On August 31, 2007, the CIT directed the Department to reopen the record and obtain additional evidence regarding Shandong Huarong Machinery Co., Ltd.’s (‘‘Huarong’’) 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 I’’). Pursuant to the Court’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 (‘‘Draft Redetermination’’) to the petitioner, Ames True Temper (‘‘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 Ames I 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’’).1 Thus, the Department included the cost of welding wire in 1 WTA is published by Global Trade Information Services, Inc., which is a secondary electronic source based upon the publication, Monthly Statistics of the Foreign Trade of India, Volume II: Imports. See http://www.gtis.com/wta.htm. VerDate Aug<31>2005 19:25 Jan 29, 2008 Jkt 214001 Huarong’s NV, 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. In its decision in Timken, 893 F.2d at 341, the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination, and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. As a result of the Department’s addition of the welding wire consumed in making steel pallets in the remand redetermination, the CIT’s decision in this case on January 18, 2008, constitutes a final decision of the court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the CIT’s ruling is not appealed or, if appealed, upheld by the Federal Circuit, the Department will instruct U.S. Customs and Border Protection to revise the cash deposit rates covering the subject merchandise. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: January 24, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. 08–404 Filed 1–29–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–836] Notice of Preliminary Determination of Sales at Less Than Fair Value: LightWalled Rectangular Pipe and Tube From Mexico Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 30, 2008. SUMMARY: The U.S. Department of Commerce (the Department) preliminarily determines that lightwalled rectangular (LWR) pipe and tube from Mexico is being, or is likely to be, AGENCY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 5515 sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are listed in the ‘‘Suspension of Liquidation’’ section of this notice. Interested parties are invited to comment on this preliminary determination. FOR FURTHER INFORMATION CONTACT: Angelica Mendoza, Patrick Edwards (PROLAMSA), or Judy Lao (Maquilacero), AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3019, (202) 482–8029, or (202) 482– 7924, respectively. SUPPLEMENTARY INFORMATION: Background On July 17, 2007, the Department initiated the antidumping duty investigation of LWR pipe and tube pipe and tube from Mexico. See Initiation of Antidumping Duty Investigations: LightWalled Rectangular Pipe and Tube from Republic of Korea, Mexico, Turkey, and the People’s Republic of China, (Initiation Notice), 72 FR 40274 (July 24, 2007). The petitioners in this investigation are Allied Tube and Conduit, Atlas Tube, Bull Moose Tube Company, California Steel and Tube, Hannibal Industries, Leavitt Tube Company, Maruichi American Corporation, Searing Industries, Southland Tube, Vest Inc., Welded Tube, and Western Tube and Conduit (collectively, petitioners). The Department set aside a period of time for parties to raise issues regarding product coverage and encouraged all parties to submit comments within 20 calendar days of publication of the Initiation Notice. See Initiation Notice, 72 FR 40274 (July 24, 2007). No parties submitted comments on the scope. On August 28, 2007, the United States International Trade Commission (ITC) preliminarily determined that there is a reasonable indication that imports of LWR pipe and tube from Korea, Mexico, Turkey and the People’s Republic of China are materially injuring the U.S. industry and the ITC notified the Department of its findings. See LightWalled Rectangular Pipe and Tube From China, Korea, Mexico, and Turkey Case Numbers: 701–TA–449 (Preliminary) and 731–TA–1118–1121 (Preliminary), 72 FR 49310, (August 28, 2007). Section 777A(c)(1) of the Act directs the Department to calculate individual dumping margins for each known E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Notices]
[Pages 5514-5515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-404]


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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 Court Decision Not in Harmony With Final Results of 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 18, 2008, the United States Court of International 
Trade (``CIT'') sustained the remand redetermination issued by the 
Department of Commerce (``the Department'') pursuant to the CIT's 
remand order in the final results of the thirteenth administrative 
review of the antidumping duty orders on heavy forged hand tools from 
the People's Republic of China. See Ames True Temper v. United States, 
Slip Op. 08-8 (CIT 2008) (``Ames II''). This case arises out of the 
Department's final results in the administrative review covering the 
period February 1, 2003, through January 31, 2004. See 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''). Consistent with the decision of the United 
States Court of Appeals for the Federal Circuit (``Federal Circuit'') 
in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(``Timken''), the Department is notifying the public that Ames II is 
not

[[Page 5515]]

in harmony with the Department's Final Results.

EFFECTIVE DATE: January 30, 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 Ave., NW., 
Washington, DC 20230; telephone: (202) 482-0413.

SUPPLEMENTARY INFORMATION: On August 31, 2007, the CIT directed the 
Department to reopen the record and obtain additional evidence 
regarding Shandong Huarong Machinery Co., Ltd.'s (``Huarong'') 
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 
I''). Pursuant to the Court'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 (``Draft Redetermination'') to the petitioner, 
Ames True Temper (``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 Ames I 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'').\1\ Thus, the Department included the cost of 
welding wire in Huarong's NV, 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.
---------------------------------------------------------------------------

    \1\ WTA is published by Global Trade Information Services, Inc., 
which is a secondary electronic source based upon the publication, 
Monthly Statistics of the Foreign Trade of India, Volume II: 
Imports. See http://www.gtis.com/wta.htm.
---------------------------------------------------------------------------

    In its decision in Timken, 893 F.2d at 341, the Federal Circuit 
held that, pursuant to section 516A(e) of the Tariff Act of 1930, as 
amended (``the Act''), the Department must publish a notice of a court 
decision that is not ``in harmony'' with a Department determination, 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision. As a result of the Department's addition of the welding wire 
consumed in making steel pallets in the remand redetermination, the 
CIT's decision in this case on January 18, 2008, constitutes a final 
decision of the court that is not in harmony with the Department's 
Final Results. This notice is published in fulfillment of the 
publication requirements of Timken. Accordingly, the Department will 
continue the suspension of liquidation of the subject merchandise 
pending the expiration of the period of appeal or, if appealed, pending 
a final and conclusive court decision. In the event the CIT's ruling is 
not appealed or, if appealed, upheld by the Federal Circuit, the 
Department will instruct U.S. Customs and Border Protection to revise 
the cash deposit rates covering the subject merchandise.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: January 24, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 08-404 Filed 1-29-08; 8:45 am]
BILLING CODE 3510-DS-P