# 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 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-27884 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** October 16, 1998 - **Citation:** 63 FR 55577 ## Text 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. ----------------------------------------------------------------------- [[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: ------------------------------------------------------------------------ Margin Manufacturer/Exporter (percent) ------------------------------------------------------------------------ Shandong Machinery Import & Export Corporation (SMC): (Hammers/Sledges)........................................... 6.02 ------------------------------------------------------------------------ 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] BILLING CODE 3510-DS-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-27884. Public record. Not legal advice.