[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28801-28803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11683]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review;
2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 16, 2013.
SUMMARY: On January 9, 2013, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
of the administrative review of the antidumping duty order \1\ on hand
trucks and certain parts thereof (hand trucks) from the People's
Republic of China (PRC).\2\ The period of review (POR) is December 1,
2010, through November 30, 2011. We gave interested parties an
opportunity to comment on the Preliminary Results. Based upon our
analysis of the comments and information received, we made changes to
the margin calculations for these final results. The final dumping
margins are listed below in the ``Final Results of the Review'' section
of this notice. In addition, we are rescinding this review with respect
to WelCom Products, Inc. (WelCom), Yangjiang Shunhe Industrial Co.,
Ltd. and Yangjiang Shunhe Industrial & Trade Co., Ltd. (collectively,
Shunhe), and Yuhuan Tongsheng Industry Company (Tongsheng) at this time
(see ``Final Partial Rescission,'' infra).
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\1\ See Notice of Antidumping Duty Order: Hand Trucks and
Certain Parts Thereof From the People's Republic of China, 69 FR
70122 (December 2, 2004).
\2\ See Hand Trucks and Certain Parts Thereof From the People's
Republic of China: Preliminary Results of the 2010-2011 Antidumping
Duty Administrative Review, 78 FR 1835 (January 9, 2013)
(Preliminary Results), and accompanying Decision Memorandum
(Preliminary Decision Memorandum).
FOR FURTHER INFORMATION CONTACT: Scott Hoefke, or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
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4947 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Comments From Interested Parties
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results. On January 29, 2013, Gleason
Industrial Products, Inc., and Precision Products, Inc. (collectively,
petitioners) submitted surrogate value (SV) comments.\3\ On February 8,
2013, petitioners submitted SV rebuttal comments. On February 8, 2013,
petitioners and Cosco submitted case briefs. On February 19, 2013, the
Department rejected Petitioners' February 8, 2013, case brief, because
it contained bracketing errors and certain untimely filed new
information. Petitioners submitted a revised case brief on February 21,
2013.\4\ On February 13, 2013, petitioners, New-Tec Integration
(Xiamen) Co., Ltd. (New-Tec), and Cosco submitted rebuttal briefs.
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\3\ Cosco Home and Office Products (Cosco) submitted SV comments
on January 29, 2013, which were subsequently rejected by the
Department on February 7, 2013 because they were found to be not
factual information nor new information. See Department's letter to
Cosco (February 7, 2013).
\4\ See New-Tec's letter, Re: Hand Trucks from China; Request to
Reject New Factual Information Contained in Petitioners' Case Brief
(February 13, 2013); see also Department's letter to Petitioners
(February 19, 2013).
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Scope of the Order
The merchandise subject to the order consists of hand trucks
manufactured from any material, whether assembled or unassembled,
complete or incomplete, suitable for any use, and certain parts
thereof, namely the vertical frame, the handling area and the
projecting edges or toe plate, and any combination thereof. They are
typically imported under heading 8716.80.50.10 of the Harmonized Tariff
Schedule of the United States (HTSUS), although they may also be
imported under
[[Page 28802]]
heading 8716.80.50.90 and 8716.90.50.60. Although the HTSUS subheadings
are provided for convenience and customs purposes, the written product
description remains dispositive.\5\
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\5\ See Memorandum to Paul Piquado, ``Issues and Decision
Memorandum for the Final Results in the Administrative Review of
Hand Trucks and Certain Parts Thereof from the People's Republic of
China'' (May 9, 2013) (Final Issues and Decision Memorandum), dated
concurrent with and adopted by this notice, for a complete
description of the Scope of the Order.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the accompanying Final Issues and Decision Memorandum.\6\
A list of the issues which parties raised is attached to this notice as
Appendix I. The Final Issues and Decision Memorandum is a public
document and is on file in the Central Records Unit (CRU), Room 7046 of
the main Department of Commerce building, as well as electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at http://iaaccess.trade.gov and in the CRU. In
addition, a complete version of the Final Issues and Decision
Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed I&D Memo and electronic versions of the
Final Issues and Decision Memorandum are identical in content.
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\6\ See id.
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Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
the review with respect to WelCom, Shunhe, and Tongsheng. Subsequent to
the Preliminary Results, the Department did not receive any comments or
information which indicated that these companies should be reviewed.
Therefore, pursuant to 19 CFR 351.213 (d)(1) and 19 CFR 351.213 (d)(3),
we are rescinding the administrative review with respect to these three
companies.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for New-Tec.\7\
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\7\ See Memorandum to the File, ``Analysis for the Final Results
of Hand Trucks and Certain Parts Thereof from the People's Republic
of China: New-Tec'' (May 9, 2013).
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Separate Rates Determination
In our Preliminary Results, we determined that New-Tec met the
criteria for separate rate status. We have not received any information
since issuance of the Preliminary Results that provides a basis for
reconsidering this preliminary determination. Therefore, the Department
continues to find that New-Tec meets the criteria for a separate rate.
Final Results of the Review
The Department has determined that the following final dumping
margins exist for the period December 1, 2010, through November 30,
2011:
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Weighted-
average
Manufacturer/exporter margin
(percent)
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New-Tec Integration (Xiamen) Co., Ltd...................... 9.21
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Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. The Department recently
announced a refinement to its assessment practice in non-market economy
(NME) cases.\8\ Pursuant to this refinement in practice, for entries
that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the NME-wide rate.\9\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\9\ See id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for New-Tec, which
has a separate rate, will be that established in the final results of
this review; (2) for any previously reviewed or investigated PRC and
non-PRC exporter not listed above that received a separate rate in a
previous segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific rate; (3) for all PRC
exporters that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity (i.e.,
383.60 percent); and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter that supplied the
non-PRC exporter. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a 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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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.
Disclosure
The Department will disclose the calculations performed within five
days of the date of publication of this notice to parties in this
proceeding in accordance with 19 CFR 351.224(b). We are issuing and
publishing this administrative review and notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
[[Page 28803]]
Dated: May 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Comments Discussed in the Accompanying Final Issues and
Decision Memorandum
Comment 1: Whether to Value Certain Inputs Using Purchases from
Market-Economy Suppliers
Comment 2: Surrogate Country
Comment 3: Exclusion of Imports from FOP Calculations
Comment 4: Whether to use Thai Trolley's Financial Statement
Comment 5: Use of Jenbunjerd's Financial Statement
Comment 6: Wheels
Comment 7: Sodium Gluconate
[FR Doc. 2013-11683 Filed 5-15-13; 8:45 am]
BILLING CODE 3510-DS-P