Heavy Forged Hand Tools, Finished or Unfinished, With or Without ...

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Heavy Forged Hand Tools, Finished or Unfinished, With or WithoutHandles, From the People's Republic of China: Rescission ofAntidumping Duty...

Released : Thursday, September 04, 2008 11:44 AM
Heavy Forged Hand Tools, Finished or Unfinished, With or WithoutHandles, From the People's Republic of China: Rescission ofAntidumping Duty Administrative Review
SUMMARY: On March 5, 2008, the Department of Commerce ("theDepartment") published a notice preliminarily rescinding theadministrative review on the antidumping duty order on heavy forgedhand tools from the People's Republic of China, covering the periodFebruary 1, 2006, through January 31, 2007. See Heavy Forged HandTools, Finished or Unfinished, With or Without Handles, From thePeople's Republic of China: Preliminary Rescission of AntidumpingDuty Administrative Review, 73 FR 11867 (March 5, 2008)("Preliminary Rescission "). We gave interested parties anopportunity to comment on the Preliminary Rescission. Based uponour analysis of the comments and information received, we have madeno changes to the preliminary rescission. We find that there is noevidence that Truper Herraminetas S.A. de C.V. ("Truper") madesales of the subject merchandise to the United States during theperiod of review ("POR").
DATES: Effective Date: September 4, 2008.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos AD/CVDOperations, Office 9, Import Administration, International TradeAdministration, U.S. Department of Commerce, 14th Street andConstitution Avenue, NW., Washington, DC 20230; telephone: (202)482-2243.
SUPPLEMENTARY INFORMATION: On March 5, 2008, the Departmentpublished its Preliminary Rescission. On April 4, 2008, CouncilTool Company (a domestic interested party) filed a timely casebrief. On August 9, 2008, Truper filed a timely rebuttal brief. OnJuly 10, 2008, the Department published a notice extending thefinal results by 60 days to September 2, 2008. /1/ See Heavy ForgedHand Tools, Finished or Unfinished, With or Without Handles, Fromthe People's Republic of China: Notice of Extension of Time Limitfor the Final Results of Antidumping Duty Administrative Review, 73FR 39655 (July 10, 2008).
FOOTNOTE 1 Sixty days from July 3, 2008, is September 1, 2008.However, Department practice dictates that where a deadline fallson a federal holiday, the appropriate deadline is the next businessday. See Notice of Clarification: Application of "Next BusinessDay" Rule for Administrative Determination Deadlines Pursuant tothe Act, 70 FR 24533 (May 10, 2005). END FOOTNOTE
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) barsover 18 inches in length, track tools and wedges; (3) picks andmattocks; and (4) axes, adzes and similar hewing tools. HFHTsinclude heads for drilling hammers, sledges, axes, mauls, picks andmattocks, which may or may not be painted, which may or may not befinished, 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. HFHTsare manufactured through a hot forge operation in which steel issheared to required length, heated to forging temperature, andformed to final shape on forging equipment using dies specific tothe desired product shape and size. Depending on the product,finishing operations may include shot blasting, grinding, polishingand painting, and the insertion of handles for handled products.HFHTs are currently provided for under the following HarmonizedTariff 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 andsledges with heads 1.5 kg. (3.33 pounds) in weight and under, hoesand rakes, and bars 18 inches in length and under. The HTSUSsubheadings are provided for convenience and customs purposes. Thewritten description remains dispositive.
The Department issued nine conclusive scope rulings regarding themerchandise covered by these orders: (1) On August 16, 1993, theDepartment found the "Max Multi-Purpose Axe," imported by theForrest Tool Company, to be within the scope of the axes/adzesorder; (2) on March 8, 2001, the Department found "18-inch" and"24-inch" pry bars, produced without dies, imported by OlympiaIndustrial, Inc. and SMC Pacific Tools, Inc., to be within thescope of the bars/wedges order; (3) on March 8, 2001, theDepartment 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 ImportTraders, Inc., to be within the scope of the axes/adzes order; (5)on December 9, 2004, the Department found the "MUTT," imported byOlympia Industrial, Inc., under HTSUS 8205.59.5510, to be withinthe scope of the axes/adzes order; (6) on May 23, 2005, theDepartment found 8-inch by 8-inch and 10-inch by 10-inch casttampers, imported by Olympia Industrial, Inc. to be outside thescope of the orders; (7) on September 22, 2005, following remand,the U.S. Court of International Trade affirmed the Department'sdetermination that cast picks are outside the scope of the order;(8) on October 14, 2005, the Department found the Mean GreenSplitting Machine, imported by Avalanche Industries, under HTSUS8201.40.60, to be within the scope of the bars/wedges order, and(9) on July 27, 2006, the Department found that the gooseneck clawwrecking bar which has a length of 17 7/8" not including thecurvature 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 tothis proceeding and to which we have responded are listed in theAppendix to this notice and addressed in the Issues and DecisionMemorandum ("Final Decision Memo "), which is hereby adopted bythis notice. Parties can find a complete discussion of the issuesraised in this administrative review and the correspondingrecommendations in this public memorandum which is on file in theCentral Records Unit of the main Department building. In addition,a copy of the Final Decision Memo can be accessed directly on ourWeb site at http://ia.ita.doc.gov/. The paper copy and electronicversion of the Final Decision Memo are identical in content.
Rescission of Review
In our Preliminary Rescission, in accordance with 19 CFR351.213(d)(3), we preliminarily rescinded the review for all fourorders for Truper. For these final results, in accordance with 19CFR 351.213(d)(3), we are continuing to rescind this administrativereview with respect to all four orders for Truper. The Departmentverified data from Truper, which supports its claim that it did notexport subject merchandise to the United States during the POR.Furthermore, no party placed evidence on the record demonstratingthat Truper exported the merchandise identified above during thePOR to the United States since the issuance of the PreliminaryRescission. Therefore, in accordance with 19 CFR 351.213(d)(3) andconsistent with the Department's practice, we are rescinding thisadministrative 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 noticein accordance with sections 751(a) and 777(i) of the Tariff Act of1930, 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
Citation: "73 FR 51629"
Document Number: "A-570-803"
Federal Register Page Number: "51629"
"Notices"
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