Notice of Amendment of Final Determination of Sales at Less Than Fair Value: Bicycles From the People's Republic of China

DEPARTMENT OF COMMERCE

[A-570-843]

Notice of Amendment of Final Determination of Sales at Less Than

Fair Value: Bicycles From the People's Republic of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson at (202) 482- 4929,

Shawn Thompson at (202) 482-1776, or James Terpstra at (202) 482-3965,

Office of Antidumping Investigations, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W., Washington, D.C. 20230.

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 by the Uruguay

Rounds Agreements Act (URAA).

Amendment to the Final Determination

We are amending the final determination of sales at less than fair

value of bicycles from the People's Republic of China (PRC), to reflect

the correction of ministerial errors made in the margin calculations in

that determination. Although the International Trade Commission (ITC)

has already issued its negative final injury determination in this

investigation, we are publishing this amendment to the final

determination in accordance with section 353.28(c) of the Department's

regulations.

Scope of Investigation

The product covered by this investigation is bicycles of all types,

whether assembled or unassembled, complete or incomplete, finished or

unfinished, including industrial bicycles, tandems, recumbents, and

folding bicycles. For purposes of this investigation, the following

definitions apply irrespective of any different definition that may be

found in Customs rulings, U.S. Customs law, or the Harmonized Tariff

Schedule of the United States (HTSUS): (1) The term ``unassembled''

means fully or partially unassembled or disassembled; (2) the term

``incomplete'' means lacking one or more parts or components with which

the complete bicycle is intended to be equipped; and (3) the term

``unfinished'' means wholly or partially unpainted or lacking decals or

other essentially aesthetic material. Specifically, this investigation

is intended to cover: (1) Any assembled complete bicycle, whether

finished or unfinished; (2) any unassembled complete bicycle, if

shipped in a single shipment, regardless of how it is packed and

whether it is finished or unfinished; and (3) any incomplete bicycle,

defined for purposes of this investigation as a frame, finished or

unfinished, whether or not assembled together with a fork, and imported

in the same shipment with any two of the following components: (a) The

rear wheel; (b) the front wheel; (c) a rear derailleur; (d) a front

derailleur; (e) any one caliper or cantilever brake; (f) an integrated

brake lever and shifter, or separate brake lever and click stick lever;

(g) crankset; (h) handlebars, with or without a stem; (i) chain; (j)

pedals; and (k) seat (saddle), with or without seat post and seat pin.

The scope of this investigation is not intended to cover bicycle

parts except to the extent that they are attached to or in the same

shipment as an unassembled complete bicycle or an incomplete bicycle,

as defined above.

Complete bicycles are classifiable under subheadings 8712.00.15,

8712.00.25, 8712.00.35, 8712.00.44, and 8712.00.48 of the 1995 HTSUS.

Incomplete bicycles, as defined above, may be classified for tariff

purposes under any of the aforementioned HTSUS subheadings covering

complete bicycles or under HTSUS subheadings 8714.91.20-8714.99.80,

inclusive (covering various bicycle parts). The HTSUS subheadings are

provided for convenience and customs purposes. The written description

of the scope of this investigation is dispositive.

Case History

In accordance with section 735(d) of the Tariff Act of 1930, as

amended (the Act), on April 30, 1996, the Department published its

final determination that bicycles from the PRC were being, or were

likely to be, sold in the United States at less than fair value (61 FR

19026). Subsequent to the final determination, we received allegations

that the Department made ministerial errors in the margin calculations.

On June 12, 1996, the Department was formally notified by the ITC

that an industry in the United States is not materially injured or

threatened with material injury, and the establishment of an industry

in the United States is not materially retarded by reason of imports of

bicycles from the PRC that are sold in the United States at less than

fair value.

Amendment of Final Determination

On May 1, 1996, Chitech Industries Ltd. (Chitech) submitted

allegations that ministerial errors were made in the Department's final

determination. On May 2, 1996, petitioners submitted ministerial error

allegations with regard to China Bicycle Co. (Holdings) Ltd. (CBC). On

May 3, 1996, CBC, CATIC Bicycle Co., Ltd. (CATIC), Giant China Co.,

Ltd. (Giant), and Hua Chin Bicycle (S.Z.) Co., Ltd. (Hua Chin)

submitted their ministerial error allegations. On May 6, 1996, Bo An

Bicycle (Shenzhen) Co., Ltd. (Bo An), Merida Bicycle (Shenzhen) Co.,

Ltd. (Merida), Shenzhen Overlord Bicycle Co., Ltd. (Overlord), and

Universal Cycle Corporation (Guangzhou) (Universal) submitted their

ministerial error allegations. Also, on May 6, 1996, petitioners

submitted additional ministerial error allegations. On May 7, 1996,

petitioners responded to CATIC, Merida, Giant, and Hua Chin's

ministerial error allegations.

For a detailed discussion of the alleged ministerial errors and the

Department analysis, see, the memo from The Team to Paul Joffe, Acting

Assistant Secretary for Import Administration, regarding Clerical Error

Allegations in the Final Determination of Bicycles From the People's

Republic of China, dated May 10, 1996. (Clerical Error Memo). Pursuant

to section 735(e) of the Act and section 353.28(c) of the Department's

regulations, we have corrected the ministerial errors in the final

determination. However, certain alleged errors were not corrected

because we determined that they were not ministerial errors. See,

Clerical Error Memo. The revised final weighted-average dumping margins

are as follows:

[[Page 33902]]

------------------------------------------------------------------------

Original

final Revised

Manufacturer/producer/ exporter margin final

percentage percentage

------------------------------------------------------------------------

Bo An......................................... 0.00 0.00

CATIC......................................... 13.67 2.02

Giant......................................... *0.97 *0.67

Hua Chin...................................... 0.00 0.00

Merida........................................ 7.44 *0.37

CBC........................................... 3.25 2.95

Overlord...................................... 0.00 0.00

Chitech (Shun Lu)............................. 2.05 *1.83

Universal..................................... 11.06 2.27

PRC-Wide...................................... 61.67 61.67

------------------------------------------------------------------------

*De minimis.

Discontinuation of Suspension of Liquidation

Although the aforementioned ministerial error corrections affect

the rates for CATIC, Giant, Merida, CBC, Chitech, and Overlord, in

accordance with section 735(c)(2) of the Act, because of the negative

determination by the ITC, we have already directed the Customs Service

to discontinue suspension of liquidation for entries of bicycles

imported from the PRC, entered or withdrawn from warehouse, for

consumption between November 9, 1995 and May 7, 1996, and to release

any bond or other security, and refund any cash deposit, posted to

secure the payment of estimated antidumping duties with respect to

these entries.

This determination is published pursuant to section 735(d) of the

Act (19 USC 1673(d)) and 19 CFR 353.20.

Dated: June 24, 1996.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 96-16750 Filed 6-28-96; 8:45 am]

BILLING CODE 3510-DS-P