[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Notices]
[Pages 53167-53169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21332]
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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: Preliminary Results of the Antidumping Duty Administrative
Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: September 8, 2014.
SUMMARY: The Department of Commerce (the Department) is currently
conducting an administrative review of the antidumping duty order on
hand trucks and certain parts thereof (hand trucks) from the People's
Republic of China (PRC).\1\ The period of review (POR) is December 1,
2012, through November 30, 2013. This administrative review covers
three exporters of the subject merchandise: New-Tec Integration
(Xiamen) Co., Ltd.'s (New-Tec); Yangjiang Shunhe Industrial Co.
(Shunhe); and Full Merit Enterprise Limited (Full Merit).
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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).
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We preliminarily determine that New-Tec's weighted-average dumping
margin is zero. We are not making a determination of no shipments with
respect to Shunhe (see ``No Shipment Certifications,'' infra). In
addition, we are not rescinding this review with respect to Full Merit
at this time (see ``Intent Not to Rescind in Part,'' infra). We invite
interested parties to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke, or Davina Friedmann, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4947 or (202) 482-0698, respectively.
SUPPLEMENTARY INFORMATION:
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 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 is dispositive. A full description of
the scope of the order is contained in the Preliminary Decision
Memorandum, dated concurrently with and hereby adopted by this
notice.\2\
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\2\ See ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review of Hand Trucks and Certain
Parts Thereof from the People's Republic of China; 2012-2013'' from
Gary Taverman, Associate Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, dated August 28, 2014
(Preliminary Decision Memorandum), issued concurrently with and
hereby adopted by this notice.
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No Shipments Certification
On April 10, 2014, we received an entry of appearance and
certification of no shipments from Shunhe. Also on April 10, 2014, the
Department sent an inquiry to U.S. Customs and Border Protection (CBP)
to determine whether CBP entry data is consistent with the no shipments
certification from Shunhe. The Department received no information
contrary to Shunhe's claim of no shipments. Since Shunhe was part of
the PRC-wide entity at the outset of this administrative review, and
continues to be part of the PRC-wide entity in this administrative
review, we are not making a determination of no shipments with respect
to Shunhe for the preliminary results of the instant administrative
review.
Intent Not To Rescind Review in Part
We have received a timely request for withdrawal of the
administrative review request for Full Merit and there is no other
review request outstanding for that company. For a company named in the
Initiation Notice \3\ for which a review request has been withdrawn (in
this case, Full Merit), but which has not previously received separate
rate status, the Department's practice is to refrain from rescinding
the review with respect to that company at this time. While Full
Merit's request for review was timely withdrawn, Full Merit remains
part of the PRC-wide entity. Although the PRC-wide entity is not under
review for these preliminary results, the possibility exists that the
PRC-wide entity may be reviewed for the final results of this
administrative review.\4\ Therefore, we
[[Page 53168]]
are not rescinding this review with respect to Full Merit at this time.
We intend to rescind this review with respect to Full Merit in the
final results if the PRC-wide entity does not come under review for the
final results of this administrative review.
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
6147 (February 3, 2014) (Initiation Notice).
\4\ On November 4, 2013, the Department announced a change in
practice for all antidumping administrative reviews for which the
notice of opportunity to request an admininstrative review is
published on or after December 4, 2014. See Antidumping Proceedings:
Announcement of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and Conditional Review of
the Nonmarket Economy Entity in NME Antidumping Proceedings, 78 FR
65963 (November 4, 2013). The opportunity to request this review
published on December 3, 2013; therefore, the changes to the
Department's practice are not applicable to this review. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 78 FR
72636 (December 3, 2013).
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, please
see the Preliminary Decision Memorandum. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
The Department preliminarily determined that the following dumping
margin exists for the period December 1, 2012, through November 30,
2013:
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Weighted-
Manufacturer/exporter average margin
(percent)
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New-Tec Integration (Xiamen) Co., Ltd................... 0.00
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Disclosure and Public Comment
The Department intends to disclose to parties to this proceeding
the calculations performed in reaching the preliminary results within
five days of the date of publication of these preliminary results.\5\
Interested parties may submit case briefs no later than 30 days after
the date of publication of the preliminary results.\6\ Rebuttals to
case briefs may be filed no later than five days after the deadline for
filing case briefs and all rebuttal comments must be limited to
comments raised in the case briefs.\7\ Parties who submit case briefs
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\8\ Case and rebuttal briefs
must be filed electronically via IA ACCESS.\9\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(ii).
\7\ See 19 CFR 351.309 (d).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303(b).
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Any interested party may request a hearing within 30 days of
publication of this notice.\10\ Hearing requests should contain the
following information: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the case briefs. If a request for a hearing is made, parties will be
notified of the date and time for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\11\
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any briefs, within 120 days after the publication of
these preliminary results, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\12\ The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. For any individually
examined respondents whose weighted-average dumping margin is above de
minimis, we will calculate, where appropriate, either an ad valorem or
per-unit assessment rate for each importer (or customer).\13\ The per-
unit assessment rate will be based on the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered quantity of those same sales. The ad valorem assessment rate
will be based on the ratio of the total amount of dumping calculated
for the importer's examined sales to the total entered value of those
same sales.
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\12\ See 19 CFR 351.212(b).
\13\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\14\ 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 PRC-wide rate.\15\
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\14\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\15\ See id.
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for New-Tec, which
has a separate rate, will be the cash deposit rate established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (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
[[Page 53169]]
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: August 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Certification of No Shipments
4. Intent Not To Rescind Review in Part
5. Non-Market-Economy Country Status
6. Separate Rates Determination
7. Absence of De Jure Control
8. Absence of De Facto Control
9. Surrogate Country
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
13. Factors Valuation
14. Currency Conversion
[FR Doc. 2014-21332 Filed 9-5-14; 8:45 am]
BILLING CODE 3510-DS-P