Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Rescission of Antidumping Duty Administrative Review, 51629-51630 [E8-20539]
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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices
sroberts on PROD1PC77 with NOTICES
circumstances do not exist with respect
to subject imports from the PRC.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, countervailing duties on all
unliquidated entries of OTR tires from
the PRC entered, or withdrawn from
warehouse, for consumption on or after
December 17, 2007, the date on which
the Department published its
preliminary affirmative countervailing
duty determination in the Federal
Register, and before April 15, 2008, the
date on which the Department
instructed CBP to discontinue the
suspension of liquidation in accordance
with section 703(d) of the Act. Section
703(d) states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Entries of
OTR tires made on or after April 15,
2008, and prior to the date of
publication of the ITC’s final
determination in the Federal Register
are not liable for the assessment of
countervailing duties, due to the
Department’s discontinuation, effective
April 15, 2008, of the suspension of
liquidation.
In accordance with section 706 of the
Act, the Department will direct CBP to
reinstitute the suspension of liquidation
for OTR tires from the PRC, effective the
date of publication of the ITC’s notice of
final determination in the Federal
Register, and to assess, upon further
advice by the Department pursuant to
section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. On or after the date of
publication of the ITC’s final injury
determination in the Federal Register,
CBP must require, at the same time as
importers would normally deposit
estimated duties on this merchandise, a
cash deposit equal to the rates noted
below:
to certain new pneumatic OTR tires
from the PRC pursuant to section 706(a)
of the Act. Interested parties may
contact the Central Records Unit, Room
1117 of the main Commerce building,
for copies of an updated list of
countervailing duty orders currently in
effect.
This countervailing duty order is
issued and published in accordance
with sections 705(c)(2) and 706 of the
Act and 19 CFR 351.211.
Dated: August 29, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–20568 Filed 9–3–08; 8:45 am]
BILLING CODE 3510–DS–P
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:
Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 5, 2008, the
Department of Commerce (‘‘the
Department’’) published a notice
preliminarily rescinding the
administrative review on the
antidumping duty order on heavy forged
hand tools from the People’s Republic of
China, covering the period February 1,
2006, through January 31, 2007. See
Heavy Forged Hand Tools, Finished or
Unfinished, With or Without Handles,
From the People’s Republic of China:
Preliminary Rescission of Antidumping
Duty Administrative Review, 73 FR
11867 (March 5, 2008) (‘‘Preliminary
Rescission’’). We gave interested parties
an opportunity to comment on the
Preliminary Rescission. Based upon our
analysis of the comments and
information received, we have made no
changes to the preliminary rescission.
We find that there is no evidence that
Subsidy
Truper Herraminetas S.A. de C.V.
Producer/exporter
rate
(‘‘Truper’’) made sales of the subject
(percent)
merchandise to the United States during
Guizhou Tire Co., Ltd. (GTC) .....
2.45 the period of review (‘‘POR’’).
Hebei Starbright Tire Co., Ltd.
DATES: Effective Date: September 4,
(Starbright) ..............................
14.00 2008.
Tianjin United Tire & Rubber
FOR FURTHER INFORMATION CONTACT:
International Co., Ltd.
(TUTRIC) .................................
6.85 Javier Barrientos AD/CVD Operations,
All Others ....................................
5.62 Office 9, Import Administration,
International Trade Administration,
This notice constitutes the
U.S. Department of Commerce, 14th
countervailing duty order with respect
Street and Constitution Avenue, NW.,
VerDate Aug<31>2005
18:46 Sep 03, 2008
Jkt 214001
AGENCY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
51629
Washington, DC 20230; telephone: (202)
482–2243.
SUPPLEMENTARY INFORMATION:
Case History
On March 5, 2008, the Department
published its Preliminary Rescission.
On April 4, 2008, Council Tool
Company (a domestic interested party)
filed a timely case brief. On August 9,
2008, Truper filed a timely rebuttal
brief. On July 10, 2008, the Department
published a notice extending the final
results by 60 days to September 2,
2008.1 See Heavy Forged Hand Tools,
Finished or Unfinished, With or Without
Handles, From the People’s Republic of
China: Notice of Extension of Time
Limit for the Final Results of
Antidumping Duty Administrative
Review, 73 FR 39655 (July 10, 2008).
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
1 Sixty days from July 3, 2008, is September 1,
2008. However, Department practice dictates that
where a deadline falls on a federal holiday, the
appropriate deadline is the next business day. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Act, 70 FR
24533 (May 10, 2005).
E:\FR\FM\04SEN1.SGM
04SEN1
51630
Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices
sroberts on PROD1PC77 with NOTICES
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 ‘‘24inch’’ 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.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
proceeding and to which we have
responded are listed in the Appendix to
this notice and addressed in the Issues
and Decision Memorandum (‘‘Final
Decision Memo’’), which is hereby
adopted by this notice. Parties can find
a complete discussion of the issues
raised in this administrative review and
the corresponding recommendations in
this public memorandum which is on
file in the Central Records Unit of the
main Department building. In addition,
a copy of the Final Decision Memo can
VerDate Aug<31>2005
18:46 Sep 03, 2008
Jkt 214001
be accessed directly on our Web site at
https://ia.ita.doc.gov/. The paper copy
and electronic version of the Final
Decision Memo are identical in content.
Rescission of Review
In our Preliminary Rescission, in
accordance with 19 CFR 351.213(d)(3),
we preliminarily rescinded the review
for all four orders for Truper. For these
final results, in accordance with 19 CFR
351.213(d)(3), we are continuing to
rescind this administrative review with
respect to all four orders for Truper. The
Department verified data from Truper,
which supports its claim that it did not
export subject merchandise to the
United States during the POR.
Furthermore, no party placed evidence
on the record demonstrating that Truper
exported the merchandise identified
above during the POR to the United
States since the issuance of the
Preliminary Rescission. Therefore, in
accordance with 19 CFR 351.213(d)(3)
and consistent with the Department’s
practice, we are rescinding this
administrative review with respect to
the hammers/sledges, picks/mattocks,
axes/adzes, and bars/wedges for Truper.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a) and
777(i) of the Tariff Act of 1930, as
amended.
Dated: August 28, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I—Decision Memorandum
I. Rescission of Antidumping Duty
Administrative Review
[FR Doc. E8–20539 Filed 9–3–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Solicitation of Applications
for Allocation of Tariff Rate Quotas on
the Import of Certain Worsted Wool
Fabrics to Persons Who Cut and Sew
Men’s and Boys’ Worsted Wool Suits,
Suit-Type Jackets and Trousers in the
United States
Department of Commerce,
International Trade Administration.
ACTION: The Department of Commerce
(Department) is soliciting applications
for an allocation of the 2009 tariff rate
quotas on certain worsted wool fabric to
persons who cut and sew men’s and
boys’ worsted wool suits, suit-type
jackets and trousers in the United
States.
AGENCY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
SUMMARY: The Department hereby
solicits applications from persons
(including firms, corporations, or other
legal entities) who cut and sew men’s
and boys’ worsted wool suits and suitlike jackets and trousers in the United
States for an allocation of the 2009 tariff
rate quotas on certain worsted wool
fabric. Interested persons must submit
an application on the form provided to
the address listed below by October 6,
2008. The Department will cause to be
published in the Federal Register its
determination to allocate the 2009 tariff
rate quotas and will notify applicants of
their respective allocation as soon as
possible after that date. Promptly
thereafter, the Department will issue
licenses to eligible applicants.
DATES: To be considered, applications
must be received or postmarked by 5
p.m. on October 6, 2008.
ADDRESSES: Applications must be
submitted to Office of Textiles and
Apparel, Room 3001, United States
Department of Commerce, Washington,
D.C. 20230 (telephone: (202) 482-3400).
Application forms may be obtained from
that office (via facsimile or mail) or from
the following Internet address: https://
web.ita.doc.gov/tacgi/wooltrq.nsf/
TRQApp.
FOR FURTHER INFORMATION CONTACT:
Robert Carrigg, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-2573.
SUPPLEMENTARY INFORMATION:
BACKGROUND:
Title V of the Trade and Development
Act of 2000 (the Act) created two tariff
rate quotas (TRQs), providing for
temporary reductions in the import
duties on limited quantities of two
categories of worsted wool fabrics
suitable for use in making suits, suittype jackets, or trousers: (1) for worsted
wool fabric with average fiber diameters
greater than 18.5 microns (Harmonized
Tariff Schedule of the United States
(HTS) heading 9902.51.11); and (2) for
worsted wool fabric with average fiber
diameters of 18.5 microns or less (HTS
heading 9902.51.12). On August 6, 2002,
President Bush signed into law the
Trade Act of 2002, which includes
several amendments to Title V of the
Act. On December 3, 2004, the Act was
further amended pursuant to the
Miscellaneous Trade Act of 2004, Public
Law 108-429, by increasing the TRQ for
worsted wool fabric with average fiber
diameters greater than 18.5 microns,
HTS 9902.51.11, to an annual total level
of 5.5 million square meters, and
extending it through 2007, and
increasing the TRQ for average fiber
diameters of 18.5 microns or less, HTS
E:\FR\FM\04SEN1.SGM
04SEN1
]]>Agencies
[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Notices]
[Pages 51629-51630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20539]
-----------------------------------------------------------------------
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: Rescission of Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 5, 2008, the Department of Commerce (``the
Department'') published a notice preliminarily rescinding the
administrative review on the antidumping duty order on heavy forged
hand tools from the People's Republic of China, covering the period
February 1, 2006, through January 31, 2007. See Heavy Forged Hand
Tools, Finished or Unfinished, With or Without Handles, From the
People's Republic of China: Preliminary Rescission of Antidumping Duty
Administrative Review, 73 FR 11867 (March 5, 2008) (``Preliminary
Rescission''). We gave interested parties an opportunity to comment on
the Preliminary Rescission. Based upon our analysis of the comments and
information received, we have made no changes to the preliminary
rescission. We find that there is no evidence that Truper Herraminetas
S.A. de C.V. (``Truper'') made sales of the subject merchandise to the
United States during the period of review (``POR'').
DATES: Effective Date: September 4, 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:
Case History
On March 5, 2008, the Department published its Preliminary
Rescission. On April 4, 2008, Council Tool Company (a domestic
interested party) filed a timely case brief. On August 9, 2008, Truper
filed a timely rebuttal brief. On July 10, 2008, the Department
published a notice extending the final results by 60 days to September
2, 2008.\1\ See Heavy Forged Hand Tools, Finished or Unfinished, With
or Without Handles, From the People's Republic of China: Notice of
Extension of Time Limit for the Final Results of Antidumping Duty
Administrative Review, 73 FR 39655 (July 10, 2008).
---------------------------------------------------------------------------
\1\ Sixty days from July 3, 2008, is September 1, 2008. However,
Department practice dictates that where a deadline falls on a
federal holiday, the appropriate deadline is the next business day.
See Notice of Clarification: Application of ``Next Business Day''
Rule for Administrative Determination Deadlines Pursuant to the Act,
70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
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
[[Page 51630]]
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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this proceeding and to which we have responded are listed in the
Appendix to this notice and addressed in the Issues and Decision
Memorandum (``Final Decision Memo''), which is hereby adopted by this
notice. Parties can find a complete discussion of the issues raised in
this administrative review and the corresponding recommendations in
this public memorandum which is on file in the Central Records Unit of
the main Department building. In addition, a copy of the Final Decision
Memo can be accessed directly on our Web site at https://
ia.ita.doc.gov/. The paper copy and electronic version of the Final
Decision Memo are identical in content.
Rescission of Review
In our Preliminary Rescission, in accordance with 19 CFR
351.213(d)(3), we preliminarily rescinded the review for all four
orders for Truper. For these final results, in accordance with 19 CFR
351.213(d)(3), we are continuing to rescind this administrative review
with respect to all four orders for Truper. The Department verified
data from Truper, which supports its claim that it did not export
subject merchandise to the United States during the POR. Furthermore,
no party placed evidence on the record demonstrating that Truper
exported the merchandise identified above during the POR to the United
States since the issuance of the Preliminary Rescission. Therefore, in
accordance with 19 CFR 351.213(d)(3) and consistent with the
Department's practice, we are rescinding this administrative review
with respect to the hammers/sledges, picks/mattocks, axes/adzes, and
bars/wedges for Truper.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a) and 777(i) of the Tariff Act of
1930, as amended.
Dated: August 28, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I--Decision Memorandum
I. Rescission of Antidumping Duty Administrative Review
[FR Doc. E8-20539 Filed 9-3-08; 8:45 am]
BILLING CODE 3510-DS-P
