Amended Final Results of Antidumping Duty Administrative Reviews Pursuant To Remand From the Court of International Trade: Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]

Amended Final Results of Antidumping Duty Administrative Reviews

Pursuant To Remand From the Court of International Trade: Heavy Forged

Hand Tools, Finished or Unfinished, With or Without Handles, From the

People's Republic of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of amended final results of antidumping duty

administrative reviews.

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[[Page 55578]]

EFFECTIVE DATE: October 15, 1998.

FOR FURTHER INFORMATION CONTACT: Alexander Amdur or Wendy Frankel,

Office of AD/CVD Enforcement, Group II, Office IV, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, NW, Washington, DC

20230; telephone: (202) 482-5346 or (202) 482-5849, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise stated, 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, as amended (the

Act) by the Uruguay Round Agreements Act (URAA). In addition, unless

otherwise indicated, all citations to the Department of Commerce's (the

Department's) regulations are references to the provisions codified at

19 CFR part 353 (April 1997).

Amended Final Results

On March 13, 1997, the Department published the final results of

its administrative reviews of the antidumping duty order on heavy

forged hand tools, finished or unfinished, with or without handles

(HFHTs) from the People's Republic of China (PRC) (62 FR 11813). These

reviews cover five manufacturers/exporters and the period of review

(POR) is February 1, 1996, through January 31, 1997.

After publication of our final results, we received timely

allegations from two respondents, Shandong Machinery Import & Export

Corporation (SMC) and Tianjin Machinery Import & Export Corporation

(TMC), that we had made ministerial errors in our calculations for the

final results. We also received timely rebuttal comments from O. Ames

Co. (the petitioner). In particular, SMC alleged that the Department

erroneously used the finished weight of another class of merchandise in

the ocean freight calculations for two transactions involving the

importation of hammers into the United States. Based on our analysis of

the ministerial error allegations, we agree with SMC and, therefore, in

accordance with 19 CFR 353.28, we have made a change to the final

margin calculations only with regard to these sales. For a detailed

discussion of the Department's analysis of the ministerial error

allegations, see the Memorandum to Holly A. Kuga from the HFHTs Team,

Analysis of Allegations of Ministerial Errors, dated August 21, 1998.

On September 16, 1998, the Court of International Trade granted the

Department leave to correct the ministerial error pertaining to ocean

freight charges. Pursuant to the Court's order, we are amending the

final results of the antidumping duty administrative review of HFHTs

from the PRC with regard to SMC. SMC's revised final weighted-average

dumping margin is as follows:

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Margin

Manufacturer/Exporter (percent)

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Shandong Machinery Import & Export Corporation (SMC):

(Hammers/Sledges)........................................... 6.02

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The Department shall determine, and the U.S. Customs Service

(Customs) shall assess, antidumping duties on all appropriate entries.

We will direct Customs to collect cash deposits of estimated

antidumping duties on all appropriate entries in accordance with the

procedures discussed in the final results of review (62 FR 11813,

11819) and as amended by this determination. The amended deposit

requirements are effective for all shipments of the subject merchandise

entered, or withdrawn from warehouse, for consumption on or after the

date of publication of this notice and shall remain in effect until

publication of the final results of the next administrative review.

This notice serves as a final reminder to importers of their

responsibility under 19 CFR 353.26 to file a certificate regarding the

reimbursement of antidumping duties prior to liquidation of the

relevant entries during this review period. Failure to comply with this

requirement could result in the Secretary's presumption that

reimbursement of antidumping duties occurred and the subsequent

assessment of doubled antidumping duties.

This notice also serves as a reminder to parties subject to

administrative protective orders (APO) of their responsibility

concerning the return or destruction of proprietary information

disclosed under APO in accordance with 19 CFR 353.34(d) or conversion

to judicial protective order is hereby requested. Failure to comply

with the regulations and terms of an APO is a violation which is

subject to sanction.

We are issuing and publishing this determination in accordance with

sections 751(h) and 777(i) of the Act and 19 CFR 353.28(c).

Dated: October 13, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-27884 Filed 10-15-98; 8:45 am]

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