Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Preliminary Rescission of Antidumping Duty Administrative Reviews, 11867-11868 [E8-4248]

Download as PDF Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–803] Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People’s Republic of China: Preliminary Rescission of Antidumping Duty Administrative Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is preliminarily rescinding the administrative reviews on heavy forged hand tools, finished or unfinished, with or without handles (‘‘HFHTs’’) from the People’s Republic of China (‘‘PRC’’). These reviews cover the period of review of February 1, 2006, through January 31, 2007 (‘‘POR’’). AGENCY: EFFECTIVE DATE: March 5, 2008. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482–2243. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with NOTICES Background On February 2, 2007, the Department of Commerce (‘‘the Department’’) published a notice of opportunity to request an administrative eview of the antidumping duty orders on heavy forged hand tools from the PRC for the POR. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 72 FR 5007 (February 2, 2007). On February 28, 2007, Council Tool Company, a domestic interested party, requested that the Department conduct administrative reviews of Truper Herramientas S.A. de C.V. (‘‘Truper’’), a Mexican importer of HFHTs from the PRC. On March 28, 2007, the Department published a notice of initiation of an antidumping duty administrative reviews on HFHTs from the PRC. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 72 FR 14516 (March 28, 2007) (‘‘Notice of Initiation’’),. On May 4, 2007, Truper submitted a letter stating that it had no sales of subject merchandise to the United States during the POR. On May 10, 2007, we sent an inquiry to United States Customs and Border Protection (‘‘CBP’’) requesting notification as to VerDate Aug<31>2005 18:03 Mar 04, 2008 Jkt 214001 whether it had information indicating that there were shipments of subject merchandise into the United States during the POR by Truper. On April 25, 2007, September 7, 2007,1 and November 2, 2007, we issued Truper questionnaires, for which we received timely responses. On November 9, 2007, we extended the deadline for the preliminary results. See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People’s Republic of China: Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review, 72 FR 63557 (November 9, 2007). On January 28, 2007, through January 30, 2007, the Department verified Truper’s questionnaire responses. See Memorandum to the File: Verification of Truper Herramientas S.A. de C.V. in the Antidumping Administrative Review of Heavy Forged Hand Tools from the People’s Republic of China, dated February 26, 2008 (‘‘Truper Verication Report’’). Scope of the Review The products covered by these orders are HFHTs from the PRC, comprising the following classes or kinds of merchandise: (1) hammers and sledges with heads over 1.5 kg (3.33 pounds); (2) bars over 18 inches in length, track tools and wedges; (3) picks and mattocks; and (4) axes, adzes and similar hewing tools. 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 wood splitting 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 System of the United States (‘‘HTSUS’’) subheadings: 8205.20.60, 8205.59.30, 8201.30.00, 8201.40.60, and 8205.59.5510. Specifically excluded from these investigations are hammers and sledges with heads 1.5 kg. (3.33 1 On September 5, 2007, the Department placed information obtained from CBP on the record of this review suggesting that Truper had entries of PRC HFHTs to the United States during the POR. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 11867 pounds) in weight and under, hoes and rakes, and bars 18 inches in length and under. The HTSUS subheadings are provided for convenience and customs purposes. The written description remains dispositive. The Department issued nine 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 ‘‘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; (7) on September 22, 2005, following remand, the U.S. Court of International Trade affirmed the Department’s determination that cast picks are outside the scope of the order; (8) on October 14, 2005, the Department found the Mean Green Splitting Machine, imported by Avalanche Industries, under HTSUS 8201.40.60, to be within the scope of the bars/wedges order, and (9) on July 27, 2006, the Department found that the gooseneck claw wrecking bar which has a length of 17 7/8’’ not including the curvature portion of the bar stock, imported by Central Purchasing, LLC, to be outside the scope of the order for bars and wedges. Preliminary Rescission of Reviews On May 4, 2007, Truper responded to the Department’s questionnaire and stated that it made no sales of subject merchandise to the United States during the POR. Based on information placed on the record September 5, 2007, the Department issued Truper several questionnaires. See Background section above. Accordingly, the Department verified Truper’s information and confirmed Truper’s statements that it neither purchased nor resold HFHTs from PRC to the United States during E:\FR\FM\05MRN1.SGM 05MRN1 11868 Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices the POR. See Truper Verification Report. Therefore, because there is no information on the record that indicates Truper made sales to the United States of HFHTs from the PRC during the POR, and because Truper is the only company subject to these administrative reviews, we are preliminarily rescinding these reviews for the period of February 1, 2006, to January 31, 2007, in accordance with 19 CFR 351.213(d)(3) and consistent with our practice. Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of this notice. See 19 CFR 351.309(c)(ii). Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than 5 days after the deadline for submitting the case briefs. See 19 CFR 351.309(d). The Department requests that interested parties provide an executive summary of each argument contained within the case briefs and rebuttal briefs. Any interested party may request a hearing within 30 days of publication of this notice. See 19 CFR 351.310(c). Requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If we receive a request for a hearing, we plan to hold the hearing seven days after the deadline for submission of the rebuttal briefs at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. The Department will issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of this preliminary rescission, and will publish these results in the Federal Register. This notice is in accordance with section 751 and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). jlentini on PROD1PC65 with NOTICES Dated: February 28, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–4248 Filed 3–4–08; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 18:03 Mar 04, 2008 Jkt 214001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–847] Persulfates From the People’s Republic of China: Notice of Final Results of Expedited Second Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 5, 2008. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–6412. SUMMARY: On November 1, 2007, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty order on persulfates from the People’s Republic of China (‘‘PRC’’). On the basis of a notice of intent to participate, and an adequate substantive response filed on behalf of domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited (120-day) sunset review. As a result of the sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 1, 2007, the Department published the notice of initiation of the sunset review of the antidumping duty order on persulfates from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-Year (‘‘Sunset’’) Reviews, 72 FR 61861 (November 1, 2007) (‘‘Initiation Notice’’). On November 16, 2007, the Department received a notice of intent to participate from a domestic interested party, FMC Corporation (‘‘FMC’’), within the deadline specified in section 315.218(d)(1)(i) of the Department’s regulations. FMC claimed interested party status under section 771(9)(C) of the Act as a domestic producer of persulfates in the United States and a petitioner in the original investigation. On December 3, 2007, the Department received a substantive response from FMC within the deadline specified in PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 section 351.218(d)(3)(i) of the Department’s regulations. We did not receive responses from any respondent interested parties to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department’s regulations, the Department determined to conduct an expedited review of the order. Scope of the Order The products covered by this order are persulfates, including ammonium, potassium, and sodium persulfates. The chemical formula for these persulfates are, respectively, (NH4)2S2O8, K2S2O8, and Na2S2O8. Potassium persulfates are currently classifiable under subheading 2833.40.10 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Sodium persulfates are classifiable under HTSUS subheading 2833.40.20. Ammonium and other persulfates are classifiable under HTSUS subheadings 2833.40.50 and 2833.40.60. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the ‘‘Issues and Decision Memorandum’’ (‘‘Decision Memorandum’’) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated February 29, 2008, which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit in room 1117 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 Review Pursuant to section 752(c)(3) of the Act, we determine that revocation of the antidumping duty order on persulfates from the PRC would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11867-11868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4248]



[[Page 11867]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Heavy Forged Hand Tools, Finished or Unfinished, With or Without 
Handles, From the People's Republic of China: Preliminary Rescission of 
Antidumping Duty Administrative Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is 
preliminarily rescinding the administrative reviews on heavy forged 
hand tools, finished or unfinished, with or without handles (``HFHTs'') 
from the People's Republic of China (``PRC''). These reviews cover the 
period of review of February 1, 2006, through January 31, 2007 
(``POR'').

EFFECTIVE DATE: March 5, 2008.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482-2243.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2007, the Department of Commerce (``the 
Department'') published a notice of opportunity to request an 
administrative eview of the antidumping duty orders on heavy forged 
hand tools from the PRC for the POR. See Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 72 FR 5007 (February 2, 2007). On February 28, 
2007, Council Tool Company, a domestic interested party, requested that 
the Department conduct administrative reviews of Truper Herramientas 
S.A. de C.V. (``Truper''), a Mexican importer of HFHTs from the PRC. On 
March 28, 2007, the Department published a notice of initiation of an 
antidumping duty administrative reviews on HFHTs from the PRC. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 72 FR 14516 (March 28, 2007) (``Notice of Initiation''),.
    On May 4, 2007, Truper submitted a letter stating that it had no 
sales of subject merchandise to the United States during the POR. On 
May 10, 2007, we sent an inquiry to United States Customs and Border 
Protection (``CBP'') requesting notification as to whether it had 
information indicating that there were shipments of subject merchandise 
into the United States during the POR by Truper. On April 25, 2007, 
September 7, 2007,\1\ and November 2, 2007, we issued Truper 
questionnaires, for which we received timely responses. On November 9, 
2007, we extended the deadline for the preliminary results. See Heavy 
Forged Hand Tools, Finished or Unfinished, With or Without Handles, 
From the People's Republic of China: Extension of Time Limit for the 
Preliminary Results of the Antidumping Duty Administrative Review, 72 
FR 63557 (November 9, 2007). On January 28, 2007, through January 30, 
2007, the Department verified Truper's questionnaire responses. See 
Memorandum to the File: Verification of Truper Herramientas S.A. de 
C.V. in the Antidumping Administrative Review of Heavy Forged Hand 
Tools from the People's Republic of China, dated February 26, 2008 
(``Truper Verication Report'').
---------------------------------------------------------------------------

    \1\ On September 5, 2007, the Department placed information 
obtained from CBP on the record of this review suggesting that 
Truper had entries of PRC HFHTs to the United States during the POR.
---------------------------------------------------------------------------

Scope of the Review

    The products covered by these orders are HFHTs from the PRC, 
comprising the following classes or kinds of merchandise: (1) hammers 
and sledges with heads over 1.5 kg (3.33 pounds); (2) bars over 18 
inches in length, track tools and wedges; (3) picks and mattocks; and 
(4) axes, adzes and similar hewing tools. 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 wood 
splitting 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 System of the United States (``HTSUS'') subheadings: 
8205.20.60, 8205.59.30, 8201.30.00, 8201.40.60, and 8205.59.5510. 
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 HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
remains dispositive.
    The Department issued nine 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 
``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; (7) on September 22, 2005, following remand, 
the U.S. Court of International Trade affirmed the Department's 
determination that cast picks are outside the scope of the order; (8) 
on October 14, 2005, the Department found the Mean Green Splitting 
Machine, imported by Avalanche Industries, under HTSUS 8201.40.60, to 
be within the scope of the bars/wedges order, and (9) on July 27, 2006, 
the Department found that the gooseneck claw wrecking bar which has a 
length of 17 7/8'' not including the curvature portion of the bar 
stock, imported by Central Purchasing, LLC, to be outside the scope of 
the order for bars and wedges.

Preliminary Rescission of Reviews

    On May 4, 2007, Truper responded to the Department's questionnaire 
and stated that it made no sales of subject merchandise to the United 
States during the POR. Based on information placed on the record 
September 5, 2007, the Department issued Truper several questionnaires. 
See Background section above. Accordingly, the Department verified 
Truper's information and confirmed Truper's statements that it neither 
purchased nor resold HFHTs from PRC to the United States during

[[Page 11868]]

the POR. See Truper Verification Report. Therefore, because there is no 
information on the record that indicates Truper made sales to the 
United States of HFHTs from the PRC during the POR, and because Truper 
is the only company subject to these administrative reviews, we are 
preliminarily rescinding these reviews for the period of February 1, 
2006, to January 31, 2007, in accordance with 19 CFR 351.213(d)(3) and 
consistent with our practice. Interested parties may submit case briefs 
and/or written comments no later than 30 days after the date of 
publication of this notice. See 19 CFR 351.309(c)(ii). Rebuttal briefs 
and rebuttals to written comments, limited to issues raised in such 
briefs or comments, may be filed no later than 5 days after the 
deadline for submitting the case briefs. See 19 CFR 351.309(d). The 
Department requests that interested parties provide an executive 
summary of each argument contained within the case briefs and rebuttal 
briefs.
    Any interested party may request a hearing within 30 days of 
publication of this notice. See 19 CFR 351.310(c). Requests should 
contain the following information: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of the 
issues to be discussed. Oral presentations will be limited to issues 
raised in the briefs. If we receive a request for a hearing, we plan to 
hold the hearing seven days after the deadline for submission of the 
rebuttal briefs at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230. The Department will 
issue the final results of this administrative review, which will 
include the results of its analysis of issues raised in any such 
comments, within 120 days of publication of this preliminary 
rescission, and will publish these results in the Federal Register.
    This notice is in accordance with section 751 and 777(i)(1) of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: February 28, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-4248 Filed 3-4-08; 8:45 am]
BILLING CODE 3510-DS-S

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