81 FR 78777 - Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles From the People's Republic of China: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 217 (November 9, 2016)
International Trade Administration
Federal Register Volume 81, Issue 217 (November 9, 2016)
| Page Range | 78777-78778 | |
| FR Document | 2016-27079 |
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)] [Notices] [Pages 78777-78778] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27079] ----------------------------------------------------------------------- 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: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (the ``Department'') finds that revocation of the antidumping duty orders on heavy forged hand tools, finished or unfinished, with or without handles (``HFHTs'') from the People's Republic of China (``PRC'') would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice. DATES: Effective October 31, 2016. FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202.482.0413. SUPPLEMENTARY INFORMATION: On February 19, 1991, the Department published the notice of the antidumping duty order on HFHTs from the PRC.\1\ On July 1, 2016, the Department published the notice of initiation of the fourth sunset review of the AD Orders on HFHTs from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ``Act'').\2\ In July 2016, the Department received a notice of intent to participate from, each, AMES True Temper (``AMES'') \3\ and Council Tool Company, Inc. (``Council Tool''),\4\ domestic interested parties, within the deadline specified in 19 CFR [[Page 78778]] 351.218(d)(1)(i).\5\ AMES and Council Tool, each, claimed interested party status under section 771(9)(C) of the Act as a manufacturer in the United States of a domestic like product. On August 1, 2016, the Department received an adequate substantive response from AMES and Council Tool within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\6\ The Department received no substantive responses from respondent interested parties. As a result, the Department conducted an expedited (120-day) sunset review of the AD Orders, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). --------------------------------------------------------------------------- \1\ See Antidumping Duty Orders: Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles from the People's Republic of China, 56 FR 6622 (February 19, 1991) (``AD Orders''). There are four orders on HFHTs from the PRC: Axes & adzes, bars & wedges, hammers & sledges, and picks & mattocks. \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 43185 (July 1, 2016). This notice inadvertently referred to this segment as the third review, however, this is the fourth sunset review of these orders. \3\ AMES is the successor company to Woodings-Verona Tools Works, the petitioner in the original investigation. \4\ See Council Tool's July 11, 2016 submission; and AMES' July 18, 2016 submission. \5\ Pursuant 19 CFR 351.303(b)(1), because the 15-day deadline fell on Saturday, July 16, 2016, a non-business day, AMES' submission that was filed on the next business day (i.e., Monday, July 18, 2016) was accepted as timely. \6\ See AMES' and Council Tool's August 1, 2016 submissions. --------------------------------------------------------------------------- Scope of the Orders The merchandise covered by these orders are hand tools 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. Subject hand tools 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. These products are classifiable under tariff article codes 8205.20.60, 8205.59.30, 8201.30.00, and 8201.40.60 of the Harmonized Tariff Schedule of the United States (``HTSUS''). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding, which is contained in the accompanying Issues and Decision Memorandum, is dispositive.\7\ --------------------------------------------------------------------------- \7\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Fourth Expedited Sunset Review of the Antidumping Duty Orders on Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles From the People's Republic of China: Issues and Decision Memorandum for the Final Results,'' dated concurrently with, and hereby adopted by, this notice (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping in the event of revocation of the AD Orders and the magnitude of the margins likely to prevail if the orders were revoked, is provided in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Services System (``ACCESS''). ACCESS is available to registered users at http://iaaccess.trade.gov and to all parties in the Central Records Unit, Room B0824 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed on the Internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to section 751(c)(1) and 752(c)(1) and (3) of the Act, the Department determines that revocation of the AD Orders would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted- average margins up to those listed in the chart below: ------------------------------------------------------------------------ Weighted- HFHT Order average margin (percent) ------------------------------------------------------------------------ Axes/Adzes.............................................. 15.02 Picks/Mattocks.......................................... 50.81 Bars/Wedges............................................. 31.76 Hammers/Sledges......................................... 45.42 ------------------------------------------------------------------------ Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (``APO'') of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials, 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 these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 CFR 351.218, and 19 CFR 351.221(c)(5)(ii). Dated: October 31, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely to Prevail VII. Final Results of Review VIII. Recommendation [FR Doc. 2016-27079 Filed 11-8-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices 78777
Enforcement and Compliance no later Dated: November 1, 2016. DEPARTMENT OF COMMERCE
than seven days after the date on which Paul Piquado,
the final verification report is issued in Assistant Secretary for Enforcement and International Trade Administration
this proceeding and rebuttal briefs, Compliance. [A–570–803]
limited to issues raised in case briefs,
Appendix I—List of Topics Discussed in
may be submitted no later than five days Heavy Forged Hand Tools, Finished or
the Preliminary Decision Memorandum
after the deadline date for case briefs.6 Unfinished, With or Without Handles
Pursuant to 19 CFR 351.309(c)(2) and 1. Summary From the People’s Republic of China:
(d)(2), parties who submit case briefs or 2. Background Final Results of the Expedited Fourth
rebuttal briefs in this proceeding are 3. Period of Investigation Sunset Review of the Antidumping
encouraged to submit with each 4. Scope Comments Duty Orders
argument: (1) A statement of the issue; 5. Scope of the Investigation
6. Selection of Respondents AGENCY: Enforcement and Compliance,
(2) a brief summary of the argument; International Trade Administration,
7. Discussion of the Methodology
and (3) a table of authorities. Department of Commerce.
8. Adjustments to Cash Deposit Rates for
Pursuant to 19 CFR 351.310(c), Export Subsidies in Companion SUMMARY: As a result of this sunset
interested parties who wish to request a Countervailing Duty Investigation review, the Department of Commerce
hearing must submit a written request to 9. Public Comment (the ‘‘Department’’) finds that revocation
the Assistant Secretary for Enforcement 10. U.S. International Trade Commission of the antidumping duty orders on
and Compliance, U.S. Department of Notification heavy forged hand tools, finished or
Commerce, filed electronically using 11. Conclusion unfinished, with or without handles
ACCESS. An electronically filed (‘‘HFHTs’’) from the People’s Republic
Appendix II—Scope of the Investigation
document must be received successfully of China (‘‘PRC’’) would be likely to
in its entirety by the Department’s The merchandise covered by this lead to continuation or recurrence of
electronic records system, ACCESS, by investigation is ammonium sulfate in all dumping at the levels indicated in the
5:00 p.m. Eastern Time, within 30 days physical forms, with or without additives ‘‘Final Results of Review’’ section of this
after the date of publication of this such as anti-caking agents. Ammonium notice.
notice.7 Hearing requests should contain sulfate, which may also be spelled as
DATES: Effective October 31, 2016.
ammonium sulphate, has the chemical
the party’s name, address, and FOR FURTHER INFORMATION CONTACT: Paul
formula (NH4)2SO4.
telephone number, the number of Walker, AD/CVD Operations,
The scope includes ammonium sulfate that
participants, and a list of the issues is combined with other products, including Enforcement and Compliance,
parties intend to present at the hearing. by, for example, blending (i.e., mixing International Trade Administration,
If a request for a hearing is made, the granules of ammonium sulfate with granules U.S. Department of Commerce, 14th
Department intends to hold the hearing of one or more other products), compounding Street and Constitution Avenue NW.,
at the U.S. Department of Commerce, (i.e., when ammonium sulfate is compacted Washington, DC 20230; telephone:
1401 Constitution Avenue NW., with one or more other products under high 202.482.0413.
Washington, DC 20230, at a time and pressure), or granulating (incorporating SUPPLEMENTARY INFORMATION: On
location to be determined. Parties multiple products into granules through, e.g., February 19, 1991, the Department
should confirm by telephone the date, a slurry process). For such combined published the notice of the antidumping
time, and location of the hearing two products, only the ammonium sulfate duty order on HFHTs from the PRC.1 On
days before the scheduled date. component is covered by the scope of this
July 1, 2016, the Department published
investigation.
U.S. International Trade Commission the notice of initiation of the fourth
Ammonium sulfate that has been
sunset review of the AD Orders on
Notification combined with other products is included
HFHTs from the PRC, pursuant to
within the scope regardless of whether the
In accordance with section 733(f) of combining occurs in countries other than
section 751(c) of the Tariff Act of 1930,
the Act, we will notify the International China. as amended (the ‘‘Act’’).2 In July 2016,
Trade Commission (‘‘ITC’’) of our Ammonium sulfate that is otherwise the Department received a notice of
affirmative preliminary determination of subject to this investigation is not excluded intent to participate from, each, AMES
sales at LTFV. If our final determination when commingled (i.e., mixed or combined) True Temper (‘‘AMES’’) 3 and Council
is affirmative, the ITC will determine with ammonium sulfate from sources not Tool Company, Inc. (‘‘Council Tool’’),4
before the later of 120 days after the date subject to this investigation. Only the subject domestic interested parties, within the
component of such commingled products is deadline specified in 19 CFR
of this preliminary determination or 45
days after our final determination covered by the scope of this investigation.
whether these imports are materially The Chemical Abstracts Service (CAS) 1 See Antidumping Duty Orders: Heavy Forged
registry number for ammonium sulfate is Hand Tools, Finished or Unfinished, With or
injuring, or threaten material injury to, Without Handles from the People’s Republic of
7783–20–2.
the U.S. industry. The merchandise covered by this
China, 56 FR 6622 (February 19, 1991) (‘‘AD
Orders’’). There are four orders on HFHTs from the
This determination is issued and investigation is currently classifiable under PRC: Axes & adzes, bars & wedges, hammers &
published in accordance with sections Harmonized Tariff Schedule of the United sledges, and picks & mattocks.
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
733(f) and 777(i)(I) of the Act, and 19 States (HTSUS) subheading 3102.21.0000.
sradovich on DSK3GMQ082PROD with NOTICES
Although this HTSUS subheading and CAS FR 43185 (July 1, 2016). This notice inadvertently
CFR 351.205(c). referred to this segment as the third review,
registry number are provided for convenience however, this is the fourth sunset review of these
and customs purposes, the written orders.
description of the scope of the investigation 3 AMES is the successor company to Woodings-
is dispositive. Verona Tools Works, the petitioner in the original
6 See 19 CFR 351.309. See also 19 CFR 351.303
investigation.
(for general filing requirements). [FR Doc. 2016–26984 Filed 11–8–16; 8:45 am] 4 See Council Tool’s July 11, 2016 submission;
7 See 19 CFR 351.310(c). BILLING CODE 3510–DS–P and AMES’ July 18, 2016 submission.
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![78778 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices
351.218(d)(1)(i).5 AMES and Council magnitude of the margins likely to Dated: October 31, 2016.
Tool, each, claimed interested party prevail if the orders were revoked, is Paul Piquado,
status under section 771(9)(C) of the Act provided in the Issues and Decision Assistant Secretary for Enforcement and
as a manufacturer in the United States Memorandum. The Issues and Decision Compliance.
of a domestic like product. On August Memorandum is a public document and Appendix
1, 2016, the Department received an is on file electronically via Enforcement
adequate substantive response from and Compliance’s Antidumping and List of Topics Discussed in the Issues and
AMES and Council Tool within the 30- Decision Memorandum
Countervailing Duty Centralized
day deadline specified in 19 CFR Electronic Services System (‘‘ACCESS’’). I. Summary
351.218(d)(3)(i).6 The Department II. Background
ACCESS is available to registered users III. Scope of the Orders
received no substantive responses from at http://iaaccess.trade.gov and to all
respondent interested parties. As a IV. History of the Orders
parties in the Central Records Unit, V. Legal Framework
result, the Department conducted an
Room B0824 of the main Department of VI. Discussion of the Issues
expedited (120-day) sunset review of the 1. Likelihood of Continuation or
Commerce building. In addition, a
AD Orders, pursuant to section Recurrence of Dumping
751(c)(3)(B) of the Act and 19 CFR complete version of the Issues and
2. Magnitude of the Margins Likely to
351.218(e)(1)(ii)(C)(2). Decision Memorandum can be accessed
Prevail
on the Internet at http:// VII. Final Results of Review
Scope of the Orders enforcement.trade.gov/frn/. The signed VIII. Recommendation
The merchandise covered by these Issues and Decision Memorandum and [FR Doc. 2016–27079 Filed 11–8–16; 8:45 am]
orders are hand tools comprising the the electronic version of the Issues and BILLING CODE 3510–DS–P
following classes or kinds of Decision Memorandum are identical in
merchandise: (1) Hammers and sledges content.
with heads over 1.5 kg (3.33 pounds); DEPARTMENT OF COMMERCE
(2) bars over 18 inches in length, track Final Results of Sunset Review
tools and wedges; (3) picks and Pursuant to section 751(c)(1) and International Trade Administration
mattocks; and (4) axes, adzes and 752(c)(1) and (3) of the Act, the
similar hewing tools. Subject hand tools Initiation of Antidumping and
Department determines that revocation Countervailing Duty Administrative
are manufactured through a hot forge of the AD Orders would be likely to lead
operation in which steel is sheared to Reviews
to continuation or recurrence of
required length, heated to forging
dumping, and that the magnitude of the AGENCY: Enforcement and Compliance,
temperature, and formed to final shape
dumping margins likely to prevail International Trade Administration,
on forging equipment using dies specific
would be weighted-average margins up Department of Commerce.
to the desired product shape and size.
These products are classifiable under to those listed in the chart below: SUMMARY: The Department of Commerce
tariff article codes 8205.20.60, (‘‘the Department’’) has received
8205.59.30, 8201.30.00, and 8201.40.60 Weighted- requests to conduct administrative
average reviews of various antidumping and
of the Harmonized Tariff Schedule of HFHT Order margin
the United States (‘‘HTSUS’’). Although (percent) countervailing duty orders and findings
the HTSUS subheadings are provided with September anniversary dates. In
for convenience and customs purposes, Axes/Adzes ........................... 15.02 accordance with the Department’s
the written description of the scope of Picks/Mattocks ...................... 50.81 regulations, we are initiating those
this proceeding, which is contained in Bars/Wedges ........................ 31.76 administrative reviews.
the accompanying Issues and Decision Hammers/Sledges ................ 45.42 DATES: Effective November 9, 2016.
Memorandum, is dispositive.7 FOR FURTHER INFORMATION CONTACT:
Notification to Interested Parties Brenda E. Waters, Office of AD/CVD
Analysis of Comments Received
Operations, Customs Liaison Unit,
A complete discussion of all issues This notice serves as the only
Enforcement and Compliance,
raised in this sunset review, including reminder to parties subject to
International Trade Administration,
the likelihood of continuation or administrative protective order (‘‘APO’’)
U.S. Department of Commerce, 14th
recurrence of dumping in the event of of their responsibility concerning the Street and Constitution Avenue NW.,
revocation of the AD Orders and the return or destruction of proprietary Washington, DC 20230, telephone: (202)
information disclosed under APO in 482–4735.
5 Pursuant 19 CFR 351.303(b)(1), because the 15-
accordance with 19 CFR 351.305.
day deadline fell on Saturday, July 16, 2016, a non- SUPPLEMENTARY INFORMATION:
Timely notification of the return or
business day, AMES’ submission that was filed on
the next business day (i.e., Monday, July 18, 2016) destruction of APO materials, or Background
was accepted as timely. conversion to judicial protective order, The Department has received timely
6 See AMES’ and Council Tool’s August 1, 2016
is hereby requested. Failure to comply requests, in accordance with 19 CFR
submissions.
7 See Memorandum from Christian Marsh, Deputy
with the regulations and terms of an 351.213(b), for administrative reviews of
Assistant Secretary for Antidumping and APO is a violation which is subject to various antidumping and countervailing
Countervailing Duty Operations, to Paul Piquado, sanction. duty orders and findings with
sradovich on DSK3GMQ082PROD with NOTICES
Assistant Secretary for Enforcement and
Compliance, ‘‘Fourth Expedited Sunset Review of We are issuing and publishing these September anniversary dates.
the Antidumping Duty Orders on Heavy Forged results and notice in accordance with All deadlines for the submission of
Hand Tools, Finished or Unfinished, With or sections 751(c), 752(c), and 777(i)(1) of various types of information,
Without Handles From the People’s Republic of certifications, or comments or actions by
China: Issues and Decision Memorandum for the
the Act, 19 CFR 351.218, and 19 CFR
Final Results,’’ dated concurrently with, and hereby 351.221(c)(5)(ii). the Department discussed below refer to
adopted by, this notice (‘‘Issues and Decision the number of calendar days from the
Memorandum’’). applicable starting time.
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Document Created: 2016-11-09 01:39:38
Document Modified: 2016-11-09 01:39:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective October 31, 2016. | |
| Contact | Paul Walker, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202.482.0413. | |
| FR Citation | 81 FR 78777 |
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