The products covered by these orders are HFHTs from the PRC, 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. HFHTs include heads for drilling hammers, sledges, axes, mauls, picks and mattocks, which may or may not be painted, which may or may not be finished, or which may or may not be imported with handles; assorted bar products and track tools including wrecking bars, digging bars and tampers; and steel wood splitting wedges. HFHTs 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. Depending on the product, finishing operations may include shot blasting, grinding, polishing and painting, and the insertion of handles for handled products. HFHTs are currently provided for under the following Harmonized Tariff System of the United States ("HTSUS") subheadings: 8205.20.60, 8205.59.30, 8201.30.00 and 8201.40.60. Specifically excluded from these investigations are hammers and sledges with heads 1.5 kg. (3.33 pounds) in weight and under, hoes and rakes, and bars 18 inches in length and under. The HTSUS subheadings are provided for convenience and Customs purposes. The written description remains dispositive.
The Department has issued eight conclusive scope rulings regarding the merchandise covered by these orders: (1) On August 16, 1993, the Department found the "Max Multi-Purpose Axe," imported by the Forrest Tool Company, to be within the scope of the axes/adzes order; (2) on March 8, 2001, the Department found "18-inch" and "24-inch" pry bars, produced without dies, imported by Olympia Industrial, Inc. and SMC Pacific Tools, Inc., to be within the scope of the bars/wedges order; (3) on March 8, 2001, the Department found the "Pulaski" tool, produced without dies by TMC, to be within the scope of the axes/adzes order; (4) on March 8, 2001, the Department found the "skinning axe," imported by Import Traders, Inc., to be within the scope of the axes/adzes order; (5) on December 9, 2004, the Department found the "MUTT," imported by Olympia Industrial, Inc., under HTSUS 8205.59.5510, to be within the scope of the axes/adzes order; (6) on May 23, 2005, the Department found 8-inch by 8-inch and 10-inch by 10-inch cast tampers, imported by Olympia Industrial, Inc. to be outside the scope of the orders; (7) on September 22, 2005, following remand, the U.S. Court of International Trade affirmed the Department's determination that cast picks are outside the scope of the order; and (8) on October 14, 2005, the Department found the Mean Green Splitting Machine, imported by Avalanche Industries, under HTSUS 8201.40.60, to be within the scope of the bars/wedges order.
Scope Rulings Completed Between April 1, 2011, and June 30, 2011
Requestor: Lucky Distributing, Inc.; Lucky Distributing, Inc.'s cast smart splitter is not within the scope of the antidumping duty order; June 6, 2011.
Scope Rulings Completed Between July 1, 2010, and September 30, 2010
Requestor: Olympia Tools; stubby bar is not within the scope of the antidumping duty order; August 27, 2010.
Scope Rulings Completed Between July 1, 2008, and September 30, 2008
Requestor: New Buffalo Corporation; its 4 Ton Electric Log Splitter is not within the scope of the antidumping duty order; September 11, 2008.
Scope Rulings Completed Between October 1, 2007, and December 31, 2007
Requestor: Fiskars Brands, Inc.; the stamped machete, gator machete, and brush axe are not included within the scope of the antidumping duty order; October 29, 2007.
Scope Rulings Completed Between April 1, 2007, and June 30, 2007
Requestor: Cummins Industrial Tools; the 10-ton log splitter is not within the scope of the antidumping duty order; June 1, 2007.
Requestor: Agri-Fab; the Tow Behind Log Splitter is not within the scope of the antidumping duty order; June 1, 2007.
Scope Rulings Completed Between July 1, 2006 and September 30, 2006
Requestor: Central Purchasing Co.; its gooseneck, claw and wrecking bars are not within the scope of the antidumping duty order; July 27, 2006
Scope Rulings Completed Between October 1, 2005 and December 31, 2005
Requestor: Avalanche Industries LLC; its ``Mean Green Splitting Machine'' (also known as the ``Smart Splitter'') is included within the scope of the bars and wedges antidumping duty order; October 14, 2005.
Requestor: Tianjin Machinery Import & Export Corporation; On September 22, 2005, the Court of International Trade upheld the Department's remand redetermination, which found that cast picks are outside the scope of the antidumping duty order on picks/mattocks; Because no party appealed this decision, this decision became final and
conclusive on November 22, 2005.
Scope Rulings Completed Between April 1, 2005, and June 30, 2005
Requestor: Olympia Group Inc.; cast tampers are not included in the scope of the antidumping duty order; May 23, 2005.
Scope Rulings Completed Between April 1, 2003, and December 31, 2004
Requestor: Olympia Industrial Inc.; cast picks, with or without a handle, are within the scope of the order; September 22, 2003.
Requestor: Olympia Industrial Inc.; the MUTT , which is a forged scraper, with or without a handle, is within the scope of the antidumping duty order; December 9, 2004.
Scope Rulings Completed Between July 1, 1993 and September 30, 1993
Forrest Tool Company-The Max Multipurpose Tool is within the scope of the order-08/16/93. |