Notice2021-26073
Heavy Forged Hand Tools From China; Institution of Five-Year Reviews
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 1, 2021
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 ("the Act"), as amended, to determine whether revocation of the antidumping duty orders on heavy forged hand tools from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.
Full Text
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<title>Federal Register, Volume 86 Issue 228 (Wednesday, December 1, 2021)</title>
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[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Notices]
[Pages 68275-68278]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26073]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-457 (Fifth Review)]
Heavy Forged Hand Tools From China; Institution of Five-Year
Reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended,
to determine whether revocation of the antidumping duty orders on heavy
forged hand tools from China would be likely to lead to continuation or
recurrence of material injury. Pursuant to the Act, interested parties
are requested to respond to this notice by submitting the information
specified below to the Commission.
DATES: Instituted December 1, 2021. To be assured of consideration, the
deadline for responses is January 3, 2022. Comments on the adequacy of
responses may be filed with the Commission by February 10, 2022.
FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for this
proceeding may be viewed on the Commission's electronic docket (EDIS)
at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.-- On February 19, 1991, the Department of Commerce
(``Commerce'') issued antidumping duty orders on imports of the
following classes or kinds of heavy forged hand tools from China: (1)
Axes and adzes, (2) bars and wedges, (3) hammers and sledges, and (4)
picks and mattocks (56 FR 6622). Following full first five-year reviews
by Commerce and the Commission, effective August 10, 2000, Commerce
issued a continuation of the antidumping duty orders on imports of
heavy forged hand tools from China (65 FR 48962). Following expedited
second, third, and fourth five-year reviews by Commerce and the
Commission, Commerce issued continuations of the antidumping duty
orders on imports of heavy forged hand tools from China (71 FR 8276,
February 16, 2006; 76 FR 52313, August 22, 2011; and 82 FR 1695,
January 6, 2017). The Commission is now conducting fifth reviews
pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)),
to determine whether revocation of the orders would be likely to lead
to continuation or recurrence of material injury to the domestic
industry within a reasonably foreseeable time. Provisions concerning
the conduct of this proceeding may be found in the Commission's Rules
of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19
CFR part 207, subparts A and F. The Commission will assess the adequacy
of interested party responses to this notice of institution to
determine whether to conduct full or expedited reviews. The
Commission's determinations in any expedited reviews will be based on
the facts available, which may include information provided in response
to this notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by Commerce.
(2) The Subject Country in these reviews is China.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, its full first five-year review determinations, and its
expedited second, third, and fourth five-
[[Page 68276]]
year review determinations, the Commission found four Domestic Like
Products: (1) Axes, adzes and hewing tools, other than machetes, with
or without handles; (2) bar tools, track tools and wedges; (3) hammers
and sledges, with heads weighing two pounds or more, with or without
handles; and (4) picks and mattocks, with or without handles.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations, its
full first five-year review determinations, and its expedited second,
third, and fourth five-year review determinations, the Commission found
four Domestic Industries: (1) Domestic producers of axes, adzes and
hewing tools, other than machetes, with or without handles; (2)
domestic producers of bar tools, track tools, and wedges; (3) domestic
producers of hammers and sledges, with heads weighing two pounds or
more, with or without handles; and (4) domestic producers of picks and
mattocks, with or without handles. In the original investigations, the
Commission excluded from the Domestic Industries companies that did no
more than assemble imported heads with handles purchased from a
domestic manufacturer. The Commission also excluded one domestic
producer, Madison Mill, from the Domestic Industries under the related
parties provision in the original investigations. In its full first
five-year reviews and its expedited second, third, and fourth five-year
reviews, the Commission did not exclude any company as a related party.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than
21 days after publication of this notice in the Federal Register. The
Secretary will maintain a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post-
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to Sec. 207.3 of the Commission's rules,
any person submitting information to the Commission in connection with
this proceeding must certify that the information is accurate and
complete to the best of the submitter's knowledge. In making the
certification, the submitter will acknowledge that information
submitted in response to this request for information and throughout
this proceeding or other proceeding may be disclosed to and used: (i)
By the Commission, its employees and Offices, and contract personnel
(a) for developing or maintaining the records of this or a related
proceeding, or (b) in internal investigations, audits, reviews, and
evaluations relating to the programs, personnel, and operations of the
Commission including under 5 U.S.C. appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements.
Written submissions.--Pursuant to Sec. 207.61 of the Commission's
rules, each interested party response to this notice must provide the
information specified below. The deadline for filing such responses is
January 3, 2022. Pursuant to Sec. 207.62(b) of the Commission's rules,
eligible parties (as specified in Commission rule 207.62(b)(1)) may
also file comments concerning the adequacy of responses to the notice
of institution and whether the Commission should conduct expedited or
full reviews. The deadline for filing such comments is February 10,
2022. All written submissions must conform with the provisions of Sec.
201.8 of the Commission's rules; any submissions that contain BPI must
also conform with the requirements of Sec. Sec. 201.6, 207.3, and
207.7 of the Commission's rules. The Commission's Handbook on Filing
Procedures, available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates
upon the Commission's procedures with respect to filings. Also, in
accordance with Sec. Sec. 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the proceeding must be served
on all other parties to the proceeding (as identified by either the
public or APO service list as appropriate), and a certificate of
service must accompany the document (if you are not a party to the
proceeding you do not need to serve your response).
Please note the Secretary's Office will accept only electronic
filings at this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
No response to this request for information is required if a
currently valid Office of Management and Budget (``OMB'') number is not
displayed; the OMB number is 3117 0016/USITC No. 21-5-505, expiration
date June 30, 2023. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden
[[Page 68277]]
estimate to the Office of Investigations, U.S. International Trade
Commission, 500 E Street SW, Washington, DC 20436.
Inability to provide requested information.--Pursuant to Sec.
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to Sec. 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determinations in the reviews.
Information to be provided in response to this notice of
institution: Please provide the requested information separately for
each Domestic Like Product, as defined by the Commission in its
original determinations and its first, second, third, and fourth five-
year review determinations, and for each of the products identified by
Commerce as Subject Merchandise. As used below, the term ``firm''
includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
whether your firm/entity is a U.S. producer of the Domestic Like
Product, a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association (a majority of whose
members are interested parties under the statute), or another
interested party (including an explanation). If you are a union/worker
group or trade/business association, identify the firms in which your
workers are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty orders on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on
the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in Sec. 771(4)(B) of the Act (19
U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 2015.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2020, except as noted (report quantity
data in units and value data in U.S. dollars, f.o.b. plant). If you are
a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (that is, the level of production that your establishment(s)
could reasonably have expected to attain during the year, assuming
normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per
year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2020 (report quantity data in units and
value data in U.S. dollars). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping duties) of U.S. imports and, if known, an estimate of the
percentage of total U.S. imports of Subject Merchandise from the
Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. commercial shipments of Subject Merchandise imported
from the Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. internal consumption/company transfers of Subject
Merchandise imported from the Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2020 (report quantity
data in units and value data in U.S. dollars, landed and duty-paid at
the U.S. port but not including antidumping duties). If you are a
trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in
[[Page 68278]]
the Subject Country (that is, the level of production that your
establishment(s) could reasonably have expected to attain during the
year, assuming normal operating conditions (using equipment and
machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country after 2015, and significant changes,
if any, that are likely to occur within a reasonably foreseeable time.
Supply conditions to consider include technology; production methods;
development efforts; ability to increase production (including the
shift of production facilities used for other products and the use,
cost, or availability of major inputs into production); and factors
related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in
market demand abroad). Demand conditions to consider include end uses
and applications; the existence and availability of substitute
products; and the level of competition among the Domestic Like Product
produced in the United States, Subject Merchandise produced in the
Subject Country, and such merchandise from other countries.
(13) (Optional) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: This proceeding is being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published pursuant
to Sec. 207.61 of the Commission's rules.
By order of the Commission.
Issued: November 24, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-26073 Filed 11-30-21; 8:45 am]
BILLING CODE 7020-02-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.