Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Administrative Review and Final Results of New Shipper Review, 27287-27291 [E7-9324]
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Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices
(March 9, 2007); Certain Frozen
Warmwater Shrimp from the People’s
Republic of China: Preliminary Results
and Partial Rescission of the 2004/2006
Administrative Review and Preliminary
Intent to Rescind 2004/2006 New
Shipper Review, 72 FR 10645 (March 9,
2007); Certain Frozen Warmwater
Shrimp from the Socialist Republic of
Vietnam: Preliminary Results of the
First Administrative Review and New
Shipper Review, 72 FR 10689 (March 9,
2007); and Certain Frozen Warmwater
Shrimp from Thailand: Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Review, 72 FR 10669 (March 9, 2007).
The final results for these administrative
and aligned new shipper reviews are
currently due no later than July 9, 2007,
the next business day after 120 days
from the date of publication of the
preliminary results of review.
Extension of Time Limit for the Final
Results
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Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue the
final results of an administrative review
within 120 days after the date on which
the preliminary results are published. If
it is not practicable to complete the
review within that time period, section
751(a)(3)(A) of the Act allows the
Department to extend the deadline for
the final results to a maximum of 180
days.
The Department requires additional
time to complete these reviews in order
to properly consider the numerous and
complex issues raised by interested
parties in their case briefs. Thus, it is
not practicable to complete these
reviews within the original time limit.
Therefore, the Department is extending
the time limit for completion of the final
results of these reviews by 60 days, in
accordance with section 751(a)(3)(A) of
the Act. The final results are now due
no later than September 5, 2007.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 9, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–9328 Filed 5–14–07; 8:45 am]
BILLING CODE 3510–DS–S
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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 Administrative Review
and Final Results of New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 15, 2007.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor or Mark Manning; AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Ave., N.W., Washington, DC 20230;
telephone: (202) 482–5831 or (202) 482–
5253, respectively.
SUMMARY: The Department of Commerce
(‘‘Department’’) published its
preliminary results of the administrative
review and new shipper review of the
antidumping duty order on hand trucks
and certain parts thereof (‘‘hand
trucks’’) from the People’s Republic of
China (‘‘PRC’’) on January 9, 2007. See
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China;
Preliminary Results and Partial
Rescission of Administrative Review
and Preliminary Results of New Shipper
Review, 72 FR 937 (January 9, 2007)
(‘‘Preliminary Results’’). The period of
review (‘‘POR’’) is December 1, 2004,
through November 30, 2005. We invited
interested parties to comment on our
Preliminary Results. Based on our
analysis of the comments received, we
have made changes to our calculations.
The final dumping margins for this
review are listed in the ‘‘Final Results
of Review’’ section below.
SUPPLEMENTARY INFORMATION: On
February 1, 2006, the Department
published in the Federal Register a
notice of the initiation of the
antidumping duty administrative review
of hand trucks from the PRC for the
period May 24, 2004, through November
30, 2005. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 71 FR 5241 (February 1, 2006). On
February 3, 2006, the Department also
published in the Federal Register a
notice of the initiation of the new
shipper review of Since Hardware
(Guangzhou) Co., Ltd. (‘‘Since
Hardware’’). See Hand Trucks and
Certain Parts Thereof From the People’s
Republic of China; Initiation of New
AGENCY:
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27287
Shipper Review, 71 FR 5810 (February
3, 2006).
The Department published the
preliminary results of these reviews on
January 9, 2007. See Preliminary
Results. We invited parties to comment
on our preliminary results of review.
See Preliminary Results, 72 FR at 946–
947. Forecarry Corporation and Formost
Plastics & Metalworks (Jiaxing) Co., Ltd.
(‘‘Forecarry and Formost’’) submitted
their response to the Department’s
December 19, 2006, supplemental
section D questionnaire on January 18,
2007. Forecarry and Formost submitted
a case brief on February 14, 2007; Since
Hardware submitted a case brief on
February 15, 2007; and on February 16,
2007, Gleason Industrial Products, Inc.,
and Precision Products, Inc.
(collectively, ‘‘the petitioner’’)
submitted a case brief. On February 20,
2007, the petitioner filed allegations that
the case briefs submitted by Forecarry
and Formost, and Since Hardware
contained new information. Forecarry
and Formost, and True Potential Co.,
Ltd. (‘‘True Potential’’) submitted
rebuttal briefs on February 20, 2007,
Since Hardware submitted a rebuttal
brief on February 21, 2007, and the
petitioner submitted a rebuttal brief on
February 22, 2007. On March 7, 2007,
the Department notified Forecarry and
Formost that their case brief contained
new information and requested that
Forecarry and Formost resubmit their
case brief, redacting factual information
submitted after the deadline for new
factual information, and not solicited by
the Department, pursuant to 19 CFR
351.301(b)(2). Regarding the allegation
of new information in Since Hardware’s
case brief, the Department has reviewed
this allegation and examined the
information contained in Since
Hardware’s prior submission. Based
upon our analysis, the Department
disagrees with the petitioner that Since
Hardware’s case brief contained new
information. See Comment 18 of the
Memorandum to David M. Spooner,
Assistant Secretary for Import
Administration, from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, ‘‘Issues and Decisions
for the Final Results of Administrative
and New Shipper Reviews,’’ dated May
9, 2007 (‘‘Decision Memorandum’’), for
a complete discussion of this issue. On
March 16, 2007, Forecarry and Formost
resubmitted their case brief. On March
28, 2007, the Department held a public
hearing concerning this issues raised by
the parties in these reviews.
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Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices
Scope of Antidumping Duty Order1
The product covered by this 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.
A complete or fully assembled hand
truck is a hand–propelled barrow
consisting of a vertically disposed frame
having a handle or more than one
handle at or near the upper section of
the vertical frame; at least two wheels at
or near the lower section of the vertical
frame; and a horizontal projecting edge
or edges, or toe plate, perpendicular or
angled to the vertical frame, at or near
the lower section of the vertical frame.
The projecting edge or edges, or toe
plate, slides under a load for purposes
of lifting and/or moving the load.
That the vertical frame can be
converted from a vertical setting to a
horizontal setting, then operated in that
horizontal setting as a platform, is not
a basis for exclusion of the hand truck
from the scope of this petition. That the
vertical frame, handling area, wheels,
projecting edges or other parts of the
hand truck can be collapsed or folded is
not a basis for exclusion of the hand
truck from the scope of the petition.
That other wheels may be connected to
the vertical frame, handling area,
projecting edges, or other parts of the
hand truck, in addition to the two or
more wheels located at or near the lower
section of the vertical frame, is not a
basis for exclusion of the hand truck
from the scope of the petition. Finally,
that the hand truck may exhibit physical
characteristics in addition to the vertical
frame, the handling area, the projecting
edges or toe plate, and the two wheels
at or near the lower section of the
vertical frame, is not a basis for
exclusion of the hand truck from the
scope of the petition.
Examples of names commonly used to
reference hand trucks are hand truck,
convertible hand truck, appliance hand
truck, cylinder hand truck, bag truck,
dolly, or hand trolley. 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. Specific parts of
a hand truck, namely the vertical frame,
the handling area and the projecting
edges or toe plate, or any combination
thereof, are typically imported under
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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heading 8716.90.50.60 of the HTSUS.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the Department’s written
description of the scope is dispositive.
Excluded from the scope are small
two–wheel or four–wheel utility carts
specifically designed for carrying loads
like personal bags or luggage in which
the frame is made from telescoping
tubular material measuring less than 5/
8 inch in diameter; hand trucks that use
motorized operations either to move the
hand truck from one location to the next
or to assist in the lifting of items placed
on the hand truck; vertical carriers
designed specifically to transport golf
bags; and wheels and tires used in the
manufacture of hand trucks.
Separate Rates
Forecarry and Formost, Since
Hardware, and True Potential requested
separate, company–specific
antidumping duty rates. In the
Preliminary Results, we found that
Forecarry and Formost, and Since
Hardware are owned wholly by entities
located in market–economy countries.
Thus, the Department preliminarily
granted a separate rate to these two
exporters. See Preliminary Results, 72
FR at 943–944. For the final results, the
Department continues to grant Forecarry
and Formost, and Since Hardware,
separate rates for this review period
because no party submitted comments
on this issue, and no evidence was
placed on the record that questions the
appropriateness of this determination.
Regarding True Potential, which is a
privately owned company in the PRC,
the Department conducted a separate
rate analysis in the Preliminary Results.
Based upon our analysis, we
preliminarily granted True Potential a
separate rate. See Preliminary Results,
72 FR at 944. For the final results, the
Department did not receive any
comments on True Potential’s separate
rate, and no evidence was placed on the
record that would warrant
reconsideration of our separate rate
analysis for True Potential. Therefore,
the Department continues to find that
True Potential has met the criteria for
the application of a separate
antidumping duty rate for this review
period.
Analysis of Comments Received
All issues raised in the briefs and
rebuttal briefs submitted by the parties
in these reviews are addressed in the
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues which parties raised and to
which we responded in the Decision
Memorandum is attached to this notice
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as an appendix. The Decision
Memorandum is a public document
which is on file in the Central Records
Unit in room B–099 in the main
Department building, and is accessible
on the Web at https://
www.ia.ita.doc.gov/frn. The paper copy
and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made changes in the
margin calculations for Since Hardware
and True Potential. For a list of these
changes, see Decision Memorandum, at
the section titled ‘‘Changes Since the
Preliminary Results.’’
Adverse Facts Available
1. Forecarry and Formost
Sections 776(a)(1) and (2) of the Tariff
Act of 1930, as amended (‘‘Act’’),
provide that the Department shall apply
‘‘facts otherwise available’’ if necessary
information is not on the record or an
interested party or any other person (A)
withholds information that has been
requested, (B) fails to provide
information within the deadlines
established, or in the form and manner
requested by the Department, subject to
subsections (c)(1) and (e) of section 782,
(C) significantly impedes a proceeding,
or (D) provides information that cannot
be verified as provided by section 782(i)
of the Act.
Where the Department determines
that a response to a request for
information does not comply with the
request, section 782(d) of the Act
provides that the Department will so
inform the party submitting the
response and will, to the extent
practicable, provide that party the
opportunity to remedy or explain the
deficiency. If the party fails to remedy
the deficiency within the applicable
time limits and subject to section 782(e)
of the Act, the Department may
disregard all or part of the original and
subsequent responses, as appropriate.
Section 782(e) of the Act provides that
the Department ‘‘shall not decline to
consider information that is submitted
by an interested party and is necessary
to the determination but does not meet
all applicable requirements established
by the administering authority’’ if the
information is timely, can be verified, is
not so incomplete that it cannot be used,
and if the interested party acted to the
best of its ability in providing the
information. Where all of these
conditions are met, the statute requires
the Department to use the information if
it can do so without undue difficulties.
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Section 776(b) of the Act further
provides that the Department may use
an adverse inference in applying the
facts otherwise available when a party
has failed to cooperate by not acting to
the best of its ability to comply with a
request for information. Section 776(b)
of the Act also authorizes the
Department to use as adverse facts
available (‘‘AFA’’) information derived
from the petition, the final
determination, a previous
administrative review, or other
information placed on the record.
In the Preliminary Results, the
Department found that Forecarry and
Formost failed to provide usable factors
of production (‘‘FOPs’’). Further, the
Department found that Forecarry and
Formost (A) withheld information
regarding Formost’s FOPs that had been
requested, (B) failed to provide the FOP
information in the form and manner
requested by the Department, and (C)
due to the absence of this information,
Forecarry and Formost significantly
impeded the proceeding because the
Department could not tie the reported
FOP database to appropriate source
documentation. See Preliminary Results,
72 FR at 940–941. Thus, in the absence
of a usable FOP database, the
Department applied total facts available,
according to sections 776(a)(2)(A), (B),
and (C) of the Act. Id. at 941.
Nonetheless, the Department provided
Forecarry and Formost with a final
opportunity to substantiate their
reported FOPs by: (1) reconciling the
reported FOPs to Formost’s normal
books and records; and (2)
demonstrating how the reported FOPs
were calculated. See Supplemental
Section D questionnaire, dated
December 19, 2006.
The Department has reviewed
Forecarry and Formost’s response to the
December 19, 2006, supplemental
questionnaire, and the comments
submitted by the parties regarding this
issue. Based upon our analysis, for the
final results, the Department finds that
the information necessary to calculate
an accurate and otherwise reliable
margin is not available on the record
with respect to Forecarry and Formost.
Specifically, in its January 18, 2007,
response to the Department’s December
19, 2006, supplemental questionnaire,
Forecarry and Formost failed to (1)
reconcile the reported FOPs to
Formost’s normal books and records,
and (2) demonstrate how the reported
FOPs were calculated. See Comment 26
of the Decision Memorandum for a
complete discussion of this issue. The
Department continues to find that
Forecarry and Formost withheld
information, failed to provide
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information requested by the
Department in the form and manner
required, and significantly impeded the
Department’s ability to calculate an
accurate margin. Therefore, pursuant to
sections 776(a)(2)(A),(B) and (C) of the
Act, the Department is resorting to facts
otherwise available.
In the Preliminary Results, the
Department found that it is reasonable
to assume that Forecarry and Formost
possessed the records necessary for this
administrative review and that, by not
supplying the information the
Department requested, Forecarry and
Formost failed to cooperate to the best
of their ability. See Preliminary Results,
72 FR at 944. Therefore, the Department
preliminarily applied an adverse
inference. Id. For the final results, the
Department continues to find that, in
accordance with section 776(b) of the
Act, it is appropriate to apply an
adverse inference in selecting the facts
available rate as it has determined that
Forecarry and Formost did not act to the
best of their ability to cooperate with the
Department in this administrative
review, because information placed on
the record by Forecarry and Formost
indicates that Forecarry and Formost
reasonably could have responded to the
Department’s requests for information.
As a result, we are continuing to apply
the highest rate from the history of this
proceeding, 383.60 percent, the PRC–
wide rate from the less–than-fair–value
(‘‘LTFV’’) amended final determination.
See Amended Final Determination of
Sales at Less Than Fair Value: Hand
Trucks and Certain Parts Thereof From
the People’s Republic of China, 69 FR
65410, 65411 (November 12, 2004)
(‘‘Final Amended Determination’’).
2. Future Tool and Shandong Machinery
In the Preliminary Results, the
Department determined that it was not
appropriate to grant Qingdao Future
Tool, Inc. (‘‘Future Tool’’), and
Shandong Machinery Import & Export
Group Corporation (‘‘Shandong
Machinery’’), a separate rate because
both of these companies failed to
respond to the Department’s requests for
information. See 72 FR at 942. For this
reason, we considered Future Tool and
Shandong Machinery as part of the
PRC–wide entity. Moreover, since the
PRC–wide entity did not respond to our
requests for information, we applied
total facts available to the PRC–wide
entity pursuant to sections 776(a)(2)(A)
and (C) of the Act. Id. For the final
results, since no new information has
been placed on the record regarding
Future Tool, Shandong Machinery, or
the PRC–wide entity, we continue to
apply total facts available.
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As we stated in the Preliminary
Results, it is reasonable to assume that
the PRC–wide entity (including
Shandong Machinery and Future Tool)
possessed the records necessary for this
administrative review and that, by not
supplying the information the
Department requested, these companies
failed to cooperate to the best of their
ability. See Preliminary Results, 72 FR
at 944. Accordingly, because the PRC–
wide entity (including Future Tool and
Shandong Machinery) failed to respond
to the Department’s requests for
information, we continue to find that
these companies have not acted to the
best of their abilities in this proceeding,
within the meaning of section 776(b) of
the Act. Therefore, an adverse inference
is warranted in selecting from the facts
otherwise available. As a result, we are
continuing to apply the highest rate
from the history of this proceeding,
383.60 percent, the PRC–wide rate from
the LTFV final determination, to the
PRC–wide entity (including Future Tool
and Shandong Machinery). See Final
Amended Determination.
Corroboration
Section 776(c) of the Act provides
that, when the Department relies on
secondary information rather than on
information obtained in the course of an
investigation or review, it shall, to the
extent practicable, corroborate that
information from independent sources
that are reasonably at its disposal.
Secondary information is defined as
‘‘information derived from the petition
that gave rise to the investigation or
review, the final determination
concerning the subject merchandise, or
any previous review under section 751
concerning the subject merchandise.’’
See Statement of Administrative Action
(‘‘SAA’’) accompanying the Uruguay
Round Agreements Act, H. Doc. No.
316, 103d Cong., 2d Sess. Vol. 1 at 870
(1994). The SAA clarifies that
‘‘corroborate’’ means that the
Department will satisfy itself that the
secondary information to be used has
probative value. Id. To corroborate
secondary information, the Department
will, to the extent practicable, examine
the reliability and relevance of the
information to be used. The Department,
however, need not prove that the
selected facts available are the best
alternative information. See SAA at 869;
see also Tapered Roller Bearings and
Parts Thereof, Finished and Unfinished
From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside
Diameter, and Components Thereof,
From Japan; Preliminary Results of
Antidumping Duty Administrative
Reviews and Partial Termination of
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Administrative Reviews, 61 FR 57391,
57392 (November 6, 1996) (unchanged
in the final results). Independent
sources used to corroborate such
evidence may include, for example,
‘‘published price lists, official import
statistics and customs data, and
information obtained from interested
parties during the instant investigation
or review.’’ See 19 CFR 351.308(d) and
SAA at 870; see also Notice of
Preliminary Determination of Sales at
Less Than Fair Value: High and Ultra–
High Voltage Ceramic Station Post
Insulators from Japan, 68 FR 35627,
35629 (June 16, 2003) (where the
Department reviewed the adequacy and
accuracy of the information in the
petition) (unchanged in final
determination); and Notice of Final
Determination of Sales at Less Than
Fair Value: Live Swine From Canada, 70
FR 12181, 12183 (March 11, 2005)
(where the Department compared the
normal values and U.S. prices submitted
by the petitioners to data submitted by
the respondents for whom the
Department calculated a margin).
The reliability of the AFA rate was
determined in the final determination of
the investigation when the Department
compared the U.S. prices from the price
quotations in the petition to prices of
comparable products sold by a
mandatory respondent in the LTFV
investigation, and found them to be
comparable. See Final Amended
Determination. The Department applied
this rate as AFA to Qingdao Xinghua
Group Co., Ltd. (‘‘Xinghua’’) in the Final
Amended Determination.2 The
Department also compared the surrogate
values used in the petition to the
surrogate values selected for the final
determination, and then adjusted and
replaced certain values to make them
more accurate. Finally, the Department
replaced the surrogate value ratios in
the petition with those used in the final
investigation. Therefore, in the
investigation, the Department found this
margin to be reliable. Id. Further, the
application of this rate was subject to
comment from interested parties in the
instant proceeding. The Department has
received no information to date that
warrants revisiting the issue of the
reliability of the rate calculation itself.
See, e.g., Certain Preserved Mushrooms
2 In the final determination, the Department
applied total AFA to Xinghua, and assigned
Xinghua the PRC-wide rate of 386.75 percent. See
Notice of Final Determination of Sales at Less Than
Fair Value: Hand Trucks and Certain Parts Thereof
from the People’s Republic of China, 69 FR 60980,
60984 (October 14, 2004). The Department revised
the PRC-wide rate in the amended final
determination from 386.75 percent to 383.60
percent. See Final Amended Determination, 69 FR
at 65411.
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From the People’s Republic of China:
Final Results and Partial Rescission of
the New Shipper Review and Final
Results and Partial Rescission of the
Third Antidumping Duty Administrative
Review, 68 FR 41304, 41307–41308 (July
11, 2003). Since no information has
been presented in the current review
that calls into question the reliability of
this information, the Department finds
the selected rate reliable.
With respect to the relevance aspect
of corroboration, the Department will
consider information reasonably at its
disposal to determine whether a margin
continues to have relevance. Where
circumstances indicate that the selected
margin is not appropriate as AFA, the
Department will disregard the margin
and determine an appropriate margin.
For example, in Fresh Cut Flowers From
Mexico: Final Results of Antidumping
Duty Administrative Review, 61 FR 6812
(February 22, 1996), the Department
disregarded the highest margin in that
case as adverse best information
available (the predecessor to facts
available), because the margin was
based on another company’s
uncharacteristic business expense
resulting in an unusually high margin.
Similarly, the Department does not
apply a margin that has been
discredited. See D&L Supply Co. v.
United States, 113 F.3d 1220, 1221 (Fed.
Cir. 1997) where the Court ruled that the
Department will not use a margin that
has been judicially invalidated. Nothing
on the record of this review calls into
question the relevance of the margin
selected as AFA. Further, the selected
margin is currently the PRC–wide rate.
Moreover, this rate has not been
invalidated judicially. Thus, it is
appropriate to use the selected rate as
AFA in the instant review. Therefore,
we determine that the rate from the
Final Amended Determination
continues to be relevant for use in this
administrative review.
As the recalculated Final Amended
Determination rate is both reliable and
relevant, we determine that it has
probative value. As a result, the
Department determines that the Final
Amended Determination rate is
corroborated for the purposes of this
administrative review and may
reasonably be applied to Forecarry and
Formost, and the PRC–wide entity, as
AFA. Accordingly, we determine that
the Final Amended Determination rate
of 383.60 percent, which is the highest
rate from any segment of this
administrative proceeding, meets the
corroboration criteria established in
section 776(c) of the Act that secondary
information have probative value.
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Final Results of Review
We determine that the following
percentage margins exist for the period
December 1, 2004, through November
30, 2005:
Exporter/manufacturer
Forecarry Corp. and Formost
Plastics & Metalworks
(Jianxing) Co., Ltd. ..................
Since Hardware (Guangzhou)
Co., Ltd ...................................
True Potential Co., Ltd. ..............
PRC–wide Rate ..........................
Weighted–
average
margin
percentage
383.6
0
17.59
383.6
Assessment Rates
Pursuant to 19 CFR 351.212(b), 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 within 15 days after the date of
publication of these final results of
review. For assessment purposes, where
possible, we calculated importer–
specific assessment rates for hand trucks
from the PRC via ad valorem duty
assessment rates based on the ratio of
the total amount of the dumping
margins calculated for the examined
sales to the total entered value of those
same sales. However, as noted in the
Preliminary Results, we calculated
importer–specific per–unit assessment
instructions because True Potential was
unable to provide the entered value of
its reported sales. See Preliminary
Results at 72 FR at 947. We will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice of final results
of administrative review for all
shipments of hand trucks from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
751(a)(1) of the Act: (1) for Forecarry
and Formost, Since Hardware, and True
Potential, which each have separate
rates, the cash deposit rate will be the
company–specific rate shown above; (2)
for previously reviewed or investigated
companies not listed above that have a
separate rate, the cash deposit rate will
continue to be the company–specific
rate published for the most recent
period; (3) the cash deposit rate for all
other PRC exporters will be 383.60
percent, the current PRC–wide rate; and
E:\FR\FM\15MYN1.SGM
15MYN1
Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices
(4) the cash deposit rate for all non–PRC
exporters will be the rate applicable to
the PRC exporter that supplied that
exporter. These cash deposit
requirements shall remain in effect until
further notice.
Notification of Interested Parties
This notice also serves as a final
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 the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, 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.
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: May 9, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
cprice-sewell on PROD1PC62 with NOTICES
Appendix
I. General Issues
Comment 1: Whether the Department
Should Use an Electricity–Specific
Inflation Index to Adjust the Electricity
Surrogate Value.
Comment 2: Whether the Department
Should Include Packing Materials and
Packing Labor in the Application Bases
for Surrogate Financial Ratios.
Comment 3: Whether the Department
Should Correct Clerical Errors in the
Application of the Surrogate Values for
Inland Freight Expenses.
Comment 4: Whether the Department
Should Correct Clerical Errors in the
Application of the Surrogate Values for
Domestic Brokerage and Handling
Expenses.
Comment 5: Whether the Department
Should Select Different Financial
VerDate Aug<31>2005
13:50 May 14, 2007
Jkt 211001
Statements to Value Factory Overhead,
Selling, General & Administrative
Expenses, and Profit.
Comment 6: Whether the Department
Should Use the 2004–2005 or the 2005–
2006 Financial Statements of Jay
Equipment to Calculate Overhead,
Selling, General & Administrative
Expenses and Profit.
Comment 7: Whether the Department
Should Correct Its Calculation of the
Surrogate Financial Ratios for Rexello
Castors Private Ltd.
Comment 8:Whether the Department
Should Correct Its Application of the
Surrogate Value for Hydrochloric Acid.
Comment 9: Whether the Department
Should Apply an Updated Surrogate
Value for Brokerage and Handling
Expenses.
Comment 10: Whether the Department
Should Apply the Most Recently
Calculated Non–Market Economy Wage
Rate for the PRC.
II. Company–Specific Issues
B. True Potential Issues
Comment 20: Whether the Department
Should Add Trading Company Factors
for Selling, General and Administrative
Expenses and Profit to its Calculation of
True Potential’s Normal Value.
Comment 21: Whether the Department
Should Correct its Application of a
Surrogate Value for Certain Ball
Bearings.
Comment 22: Whether the Department
Should Correct Its Surrogate Value
Frm 00011
Fmt 4703
Sfmt 4703
Calculation for Carbon Dioxide to
Include Imports from Hong Kong.
Comment 23: Whether the Department
Should Correct its Surrogate Value
Calculation for Welding Solder to
Include Imports from Austria and the
Netherlands.
C. Future Tool’s Issue
Comment 24: Whether the Department
Should Continue to Apply Adverse
Facts Available to Future Tool.
D. Shangdong Machinery’s Issue
Comment 25: Whether the Department
Should Continue to Apply Adverse
Facts Available to Shandong Machinery.
E. Forecarry and Formost’s Issues
Comment 26: Whether to Apply Facts
Available to Forecarry and Formost.
Comment 27: Whether to Apply
Adverse Facts Available to Forecarry
and Formost.
[FR Doc. E7–9324 Filed 5–14–07; 8:45 am]
BILLING CODE 3510–DS–S
A. Since Hardware Issues
Comment 11: Whether the Department
Should Accept Since Hardware’s
Reported Factors of Production
Methodology.
Comment 12: Whether the Department
Should Reject Since Hardware’s Market
Economy Purchases of Steel Inputs.
Comment 13: Whether the Department
Should Assign a Surrogate Value to
Plastic Bags.
Comment 14: Whether the Department
Should Assign Bungee Cable a Different
HTS Classification.
Comment 15: Whether the Department
Should Assign a Surrogate Value to the
Input for Petrolatum.
Comment 16: Whether the Inclusion of
South Korea in the Calculation of the
Surrogate Value for Muriate of Potash is
Warranted.
Comment 17:Whether the Calculation of
the Surrogate Value for Welding Rod is
Correct.
Comment 18: Whether the Department
Should Assign Bearings a Different HTS
Classification.
Comment 19: Whether the Inclusion of
Packing–Related Inputs in Cost of
Manufacturing is Valid.
PO 00000
27291
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 042707A]
Marine Mammals; File No. 486–1919
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
SUMMARY: Notice is hereby given that
Brent Stewart, Ph.D, J.D, HubbsSeaWorld Research Institute, 2595
Ingraham Street, San Diego, CA, 92109,
has applied for a permit to conduct
reseach on crabeater (Lobodon
carcinophaga), Ross (Ommatophoca
rossii), leopard (Hydruga leptonyx), and
Weddell (Leptonychotes weddellii) seals
in Antarctica.
DATES: Written, telefaxed, or e-mail
comments must be received on or before
June 14, 2007.
ADDRESSES: The application and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521; and
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562)980–4001;
fax (562)980–4018.
Written comments or requests for a
public hearing on this application
E:\FR\FM\15MYN1.SGM
15MYN1
Agencies
[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Notices]
[Pages 27287-27291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9324]
-----------------------------------------------------------------------
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 Administrative Review and Final Results of
New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 15, 2007.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Mark Manning; AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., N.W., Washington, DC 20230; telephone: (202) 482-
5831 or (202) 482-5253, respectively.
SUMMARY: The Department of Commerce (``Department'') published its
preliminary results of the administrative review and new shipper review
of the antidumping duty order on hand trucks and certain parts thereof
(``hand trucks'') from the People's Republic of China (``PRC'') on
January 9, 2007. See Hand Trucks and Certain Parts Thereof From the
People's Republic of China; Preliminary Results and Partial Rescission
of Administrative Review and Preliminary Results of New Shipper Review,
72 FR 937 (January 9, 2007) (``Preliminary Results''). The period of
review (``POR'') is December 1, 2004, through November 30, 2005. We
invited interested parties to comment on our Preliminary Results. Based
on our analysis of the comments received, we have made changes to our
calculations. The final dumping margins for this review are listed in
the ``Final Results of Review'' section below.
SUPPLEMENTARY INFORMATION: On February 1, 2006, the Department
published in the Federal Register a notice of the initiation of the
antidumping duty administrative review of hand trucks from the PRC for
the period May 24, 2004, through November 30, 2005. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 71 FR 5241 (February 1, 2006). On February 3,
2006, the Department also published in the Federal Register a notice of
the initiation of the new shipper review of Since Hardware (Guangzhou)
Co., Ltd. (``Since Hardware''). See Hand Trucks and Certain Parts
Thereof From the People's Republic of China; Initiation of New Shipper
Review, 71 FR 5810 (February 3, 2006).
The Department published the preliminary results of these reviews
on January 9, 2007. See Preliminary Results. We invited parties to
comment on our preliminary results of review. See Preliminary Results,
72 FR at 946-947. Forecarry Corporation and Formost Plastics &
Metalworks (Jiaxing) Co., Ltd. (``Forecarry and Formost'') submitted
their response to the Department's December 19, 2006, supplemental
section D questionnaire on January 18, 2007. Forecarry and Formost
submitted a case brief on February 14, 2007; Since Hardware submitted a
case brief on February 15, 2007; and on February 16, 2007, Gleason
Industrial Products, Inc., and Precision Products, Inc. (collectively,
``the petitioner'') submitted a case brief. On February 20, 2007, the
petitioner filed allegations that the case briefs submitted by
Forecarry and Formost, and Since Hardware contained new information.
Forecarry and Formost, and True Potential Co., Ltd. (``True
Potential'') submitted rebuttal briefs on February 20, 2007, Since
Hardware submitted a rebuttal brief on February 21, 2007, and the
petitioner submitted a rebuttal brief on February 22, 2007. On March 7,
2007, the Department notified Forecarry and Formost that their case
brief contained new information and requested that Forecarry and
Formost resubmit their case brief, redacting factual information
submitted after the deadline for new factual information, and not
solicited by the Department, pursuant to 19 CFR 351.301(b)(2).
Regarding the allegation of new information in Since Hardware's case
brief, the Department has reviewed this allegation and examined the
information contained in Since Hardware's prior submission. Based upon
our analysis, the Department disagrees with the petitioner that Since
Hardware's case brief contained new information. See Comment 18 of the
Memorandum to David M. Spooner, Assistant Secretary for Import
Administration, from Stephen J. Claeys, Deputy Assistant Secretary for
Import Administration, ``Issues and Decisions for the Final Results of
Administrative and New Shipper Reviews,'' dated May 9, 2007 (``Decision
Memorandum''), for a complete discussion of this issue. On March 16,
2007, Forecarry and Formost resubmitted their case brief. On March 28,
2007, the Department held a public hearing concerning this issues
raised by the parties in these reviews.
[[Page 27288]]
Scope of Antidumping Duty Order\1\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
The product covered by this 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.
A complete or fully assembled hand truck is a hand-propelled barrow
consisting of a vertically disposed frame having a handle or more than
one handle at or near the upper section of the vertical frame; at least
two wheels at or near the lower section of the vertical frame; and a
horizontal projecting edge or edges, or toe plate, perpendicular or
angled to the vertical frame, at or near the lower section of the
vertical frame. The projecting edge or edges, or toe plate, slides
under a load for purposes of lifting and/or moving the load.
That the vertical frame can be converted from a vertical setting to
a horizontal setting, then operated in that horizontal setting as a
platform, is not a basis for exclusion of the hand truck from the scope
of this petition. That the vertical frame, handling area, wheels,
projecting edges or other parts of the hand truck can be collapsed or
folded is not a basis for exclusion of the hand truck from the scope of
the petition. That other wheels may be connected to the vertical frame,
handling area, projecting edges, or other parts of the hand truck, in
addition to the two or more wheels located at or near the lower section
of the vertical frame, is not a basis for exclusion of the hand truck
from the scope of the petition. Finally, that the hand truck may
exhibit physical characteristics in addition to the vertical frame, the
handling area, the projecting edges or toe plate, and the two wheels at
or near the lower section of the vertical frame, is not a basis for
exclusion of the hand truck from the scope of the petition.
Examples of names commonly used to reference hand trucks are hand
truck, convertible hand truck, appliance hand truck, cylinder hand
truck, bag truck, dolly, or hand trolley. 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. Specific parts of a hand truck, namely the
vertical frame, the handling area and the projecting edges or toe
plate, or any combination thereof, are typically imported under heading
8716.90.50.60 of the HTSUS. Although the HTSUS subheadings are provided
for convenience and customs purposes, the Department's written
description of the scope is dispositive.
Excluded from the scope are small two-wheel or four-wheel utility
carts specifically designed for carrying loads like personal bags or
luggage in which the frame is made from telescoping tubular material
measuring less than 5/8 inch in diameter; hand trucks that use
motorized operations either to move the hand truck from one location to
the next or to assist in the lifting of items placed on the hand truck;
vertical carriers designed specifically to transport golf bags; and
wheels and tires used in the manufacture of hand trucks.
Separate Rates
Forecarry and Formost, Since Hardware, and True Potential requested
separate, company-specific antidumping duty rates. In the Preliminary
Results, we found that Forecarry and Formost, and Since Hardware are
owned wholly by entities located in market-economy countries. Thus, the
Department preliminarily granted a separate rate to these two
exporters. See Preliminary Results, 72 FR at 943-944. For the final
results, the Department continues to grant Forecarry and Formost, and
Since Hardware, separate rates for this review period because no party
submitted comments on this issue, and no evidence was placed on the
record that questions the appropriateness of this determination.
Regarding True Potential, which is a privately owned company in the
PRC, the Department conducted a separate rate analysis in the
Preliminary Results. Based upon our analysis, we preliminarily granted
True Potential a separate rate. See Preliminary Results, 72 FR at 944.
For the final results, the Department did not receive any comments on
True Potential's separate rate, and no evidence was placed on the
record that would warrant reconsideration of our separate rate analysis
for True Potential. Therefore, the Department continues to find that
True Potential has met the criteria for the application of a separate
antidumping duty rate for this review period.
Analysis of Comments Received
All issues raised in the briefs and rebuttal briefs submitted by
the parties in these reviews are addressed in the Decision Memorandum,
which is hereby adopted by this notice. A list of the issues which
parties raised and to which we responded in the Decision Memorandum is
attached to this notice as an appendix. The Decision Memorandum is a
public document which is on file in the Central Records Unit in room B-
099 in the main Department building, and is accessible on the Web at
https://www.ia.ita.doc.gov/frn. The paper copy and electronic version of
the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made changes in
the margin calculations for Since Hardware and True Potential. For a
list of these changes, see Decision Memorandum, at the section titled
``Changes Since the Preliminary Results.''
Adverse Facts Available
1. Forecarry and Formost
Sections 776(a)(1) and (2) of the Tariff Act of 1930, as amended
(``Act''), provide that the Department shall apply ``facts otherwise
available'' if necessary information is not on the record or an
interested party or any other person (A) withholds information that has
been requested, (B) fails to provide information within the deadlines
established, or in the form and manner requested by the Department,
subject to subsections (c)(1) and (e) of section 782, (C) significantly
impedes a proceeding, or (D) provides information that cannot be
verified as provided by section 782(i) of the Act.
Where the Department determines that a response to a request for
information does not comply with the request, section 782(d) of the Act
provides that the Department will so inform the party submitting the
response and will, to the extent practicable, provide that party the
opportunity to remedy or explain the deficiency. If the party fails to
remedy the deficiency within the applicable time limits and subject to
section 782(e) of the Act, the Department may disregard all or part of
the original and subsequent responses, as appropriate. Section 782(e)
of the Act provides that the Department ``shall not decline to consider
information that is submitted by an interested party and is necessary
to the determination but does not meet all applicable requirements
established by the administering authority'' if the information is
timely, can be verified, is not so incomplete that it cannot be used,
and if the interested party acted to the best of its ability in
providing the information. Where all of these conditions are met, the
statute requires the Department to use the information if it can do so
without undue difficulties.
[[Page 27289]]
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying the facts otherwise available when
a party has failed to cooperate by not acting to the best of its
ability to comply with a request for information. Section 776(b) of the
Act also authorizes the Department to use as adverse facts available
(``AFA'') information derived from the petition, the final
determination, a previous administrative review, or other information
placed on the record.
In the Preliminary Results, the Department found that Forecarry and
Formost failed to provide usable factors of production (``FOPs'').
Further, the Department found that Forecarry and Formost (A) withheld
information regarding Formost's FOPs that had been requested, (B)
failed to provide the FOP information in the form and manner requested
by the Department, and (C) due to the absence of this information,
Forecarry and Formost significantly impeded the proceeding because the
Department could not tie the reported FOP database to appropriate
source documentation. See Preliminary Results, 72 FR at 940-941. Thus,
in the absence of a usable FOP database, the Department applied total
facts available, according to sections 776(a)(2)(A), (B), and (C) of
the Act. Id. at 941. Nonetheless, the Department provided Forecarry and
Formost with a final opportunity to substantiate their reported FOPs
by: (1) reconciling the reported FOPs to Formost's normal books and
records; and (2) demonstrating how the reported FOPs were calculated.
See Supplemental Section D questionnaire, dated December 19, 2006.
The Department has reviewed Forecarry and Formost's response to the
December 19, 2006, supplemental questionnaire, and the comments
submitted by the parties regarding this issue. Based upon our analysis,
for the final results, the Department finds that the information
necessary to calculate an accurate and otherwise reliable margin is not
available on the record with respect to Forecarry and Formost.
Specifically, in its January 18, 2007, response to the Department's
December 19, 2006, supplemental questionnaire, Forecarry and Formost
failed to (1) reconcile the reported FOPs to Formost's normal books and
records, and (2) demonstrate how the reported FOPs were calculated. See
Comment 26 of the Decision Memorandum for a complete discussion of this
issue. The Department continues to find that Forecarry and Formost
withheld information, failed to provide information requested by the
Department in the form and manner required, and significantly impeded
the Department's ability to calculate an accurate margin. Therefore,
pursuant to sections 776(a)(2)(A),(B) and (C) of the Act, the
Department is resorting to facts otherwise available.
In the Preliminary Results, the Department found that it is
reasonable to assume that Forecarry and Formost possessed the records
necessary for this administrative review and that, by not supplying the
information the Department requested, Forecarry and Formost failed to
cooperate to the best of their ability. See Preliminary Results, 72 FR
at 944. Therefore, the Department preliminarily applied an adverse
inference. Id. For the final results, the Department continues to find
that, in accordance with section 776(b) of the Act, it is appropriate
to apply an adverse inference in selecting the facts available rate as
it has determined that Forecarry and Formost did not act to the best of
their ability to cooperate with the Department in this administrative
review, because information placed on the record by Forecarry and
Formost indicates that Forecarry and Formost reasonably could have
responded to the Department's requests for information. As a result, we
are continuing to apply the highest rate from the history of this
proceeding, 383.60 percent, the PRC-wide rate from the less-than-fair-
value (``LTFV'') amended final determination. See Amended Final
Determination of Sales at Less Than Fair Value: Hand Trucks and Certain
Parts Thereof From the People's Republic of China, 69 FR 65410, 65411
(November 12, 2004) (``Final Amended Determination'').
2. Future Tool and Shandong Machinery
In the Preliminary Results, the Department determined that it was
not appropriate to grant Qingdao Future Tool, Inc. (``Future Tool''),
and Shandong Machinery Import & Export Group Corporation (``Shandong
Machinery''), a separate rate because both of these companies failed to
respond to the Department's requests for information. See 72 FR at 942.
For this reason, we considered Future Tool and Shandong Machinery as
part of the PRC-wide entity. Moreover, since the PRC-wide entity did
not respond to our requests for information, we applied total facts
available to the PRC-wide entity pursuant to sections 776(a)(2)(A) and
(C) of the Act. Id. For the final results, since no new information has
been placed on the record regarding Future Tool, Shandong Machinery, or
the PRC-wide entity, we continue to apply total facts available.
As we stated in the Preliminary Results, it is reasonable to assume
that the PRC-wide entity (including Shandong Machinery and Future Tool)
possessed the records necessary for this administrative review and
that, by not supplying the information the Department requested, these
companies failed to cooperate to the best of their ability. See
Preliminary Results, 72 FR at 944. Accordingly, because the PRC-wide
entity (including Future Tool and Shandong Machinery) failed to respond
to the Department's requests for information, we continue to find that
these companies have not acted to the best of their abilities in this
proceeding, within the meaning of section 776(b) of the Act. Therefore,
an adverse inference is warranted in selecting from the facts otherwise
available. As a result, we are continuing to apply the highest rate
from the history of this proceeding, 383.60 percent, the PRC-wide rate
from the LTFV final determination, to the PRC-wide entity (including
Future Tool and Shandong Machinery). See Final Amended Determination.
Corroboration
Section 776(c) of the Act provides that, when the Department relies
on secondary information rather than on information obtained in the
course of an investigation or review, it shall, to the extent
practicable, corroborate that information from independent sources that
are reasonably at its disposal. Secondary information is defined as
``information derived from the petition that gave rise to the
investigation or review, the final determination concerning the subject
merchandise, or any previous review under section 751 concerning the
subject merchandise.'' See Statement of Administrative Action (``SAA'')
accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d
Cong., 2d Sess. Vol. 1 at 870 (1994). The SAA clarifies that
``corroborate'' means that the Department will satisfy itself that the
secondary information to be used has probative value. Id. To
corroborate secondary information, the Department will, to the extent
practicable, examine the reliability and relevance of the information
to be used. The Department, however, need not prove that the selected
facts available are the best alternative information. See SAA at 869;
see also Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished From Japan, and Tapered Roller Bearings, Four Inches or Less
in Outside Diameter, and Components Thereof, From Japan; Preliminary
Results of Antidumping Duty Administrative Reviews and Partial
Termination of
[[Page 27290]]
Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996)
(unchanged in the final results). Independent sources used to
corroborate such evidence may include, for example, ``published price
lists, official import statistics and customs data, and information
obtained from interested parties during the instant investigation or
review.'' See 19 CFR 351.308(d) and SAA at 870; see also Notice of
Preliminary Determination of Sales at Less Than Fair Value: High and
Ultra-High Voltage Ceramic Station Post Insulators from Japan, 68 FR
35627, 35629 (June 16, 2003) (where the Department reviewed the
adequacy and accuracy of the information in the petition) (unchanged in
final determination); and Notice of Final Determination of Sales at
Less Than Fair Value: Live Swine From Canada, 70 FR 12181, 12183 (March
11, 2005) (where the Department compared the normal values and U.S.
prices submitted by the petitioners to data submitted by the
respondents for whom the Department calculated a margin).
The reliability of the AFA rate was determined in the final
determination of the investigation when the Department compared the
U.S. prices from the price quotations in the petition to prices of
comparable products sold by a mandatory respondent in the LTFV
investigation, and found them to be comparable. See Final Amended
Determination. The Department applied this rate as AFA to Qingdao
Xinghua Group Co., Ltd. (``Xinghua'') in the Final Amended
Determination.\2\ The Department also compared the surrogate values
used in the petition to the surrogate values selected for the final
determination, and then adjusted and replaced certain values to make
them more accurate. Finally, the Department replaced the surrogate
value ratios in the petition with those used in the final
investigation. Therefore, in the investigation, the Department found
this margin to be reliable. Id. Further, the application of this rate
was subject to comment from interested parties in the instant
proceeding. The Department has received no information to date that
warrants revisiting the issue of the reliability of the rate
calculation itself. See, e.g., Certain Preserved Mushrooms From the
People's Republic of China: Final Results and Partial Rescission of the
New Shipper Review and Final Results and Partial Rescission of the
Third Antidumping Duty Administrative Review, 68 FR 41304, 41307-41308
(July 11, 2003). Since no information has been presented in the current
review that calls into question the reliability of this information,
the Department finds the selected rate reliable.
---------------------------------------------------------------------------
\2\ In the final determination, the Department applied total AFA
to Xinghua, and assigned Xinghua the PRC-wide rate of 386.75
percent. See Notice of Final Determination of Sales at Less Than
Fair Value: Hand Trucks and Certain Parts Thereof from the People's
Republic of China, 69 FR 60980, 60984 (October 14, 2004). The
Department revised the PRC-wide rate in the amended final
determination from 386.75 percent to 383.60 percent. See Final
Amended Determination, 69 FR at 65411.
---------------------------------------------------------------------------
With respect to the relevance aspect of corroboration, the
Department will consider information reasonably at its disposal to
determine whether a margin continues to have relevance. Where
circumstances indicate that the selected margin is not appropriate as
AFA, the Department will disregard the margin and determine an
appropriate margin. For example, in Fresh Cut Flowers From Mexico:
Final Results of Antidumping Duty Administrative Review, 61 FR 6812
(February 22, 1996), the Department disregarded the highest margin in
that case as adverse best information available (the predecessor to
facts available), because the margin was based on another company's
uncharacteristic business expense resulting in an unusually high
margin. Similarly, the Department does not apply a margin that has been
discredited. See D&L Supply Co. v. United States, 113 F.3d 1220, 1221
(Fed. Cir. 1997) where the Court ruled that the Department will not use
a margin that has been judicially invalidated. Nothing on the record of
this review calls into question the relevance of the margin selected as
AFA. Further, the selected margin is currently the PRC-wide rate.
Moreover, this rate has not been invalidated judicially. Thus, it is
appropriate to use the selected rate as AFA in the instant review.
Therefore, we determine that the rate from the Final Amended
Determination continues to be relevant for use in this administrative
review.
As the recalculated Final Amended Determination rate is both
reliable and relevant, we determine that it has probative value. As a
result, the Department determines that the Final Amended Determination
rate is corroborated for the purposes of this administrative review and
may reasonably be applied to Forecarry and Formost, and the PRC-wide
entity, as AFA. Accordingly, we determine that the Final Amended
Determination rate of 383.60 percent, which is the highest rate from
any segment of this administrative proceeding, meets the corroboration
criteria established in section 776(c) of the Act that secondary
information have probative value.
Final Results of Review
We determine that the following percentage margins exist for the
period December 1, 2004, through November 30, 2005:
------------------------------------------------------------------------
Weighted-
Exporter/manufacturer average margin
percentage
------------------------------------------------------------------------
Forecarry Corp. and Formost Plastics & Metalworks 383.6
(Jianxing) Co., Ltd...................................
Since Hardware (Guangzhou) Co., Ltd.................... 0
True Potential Co., Ltd................................ 17.59
PRC-wide Rate.......................................... 383.6
------------------------------------------------------------------------
Assessment Rates
Pursuant to 19 CFR 351.212(b), 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 within 15 days after the date of
publication of these final results of review. For assessment purposes,
where possible, we calculated importer-specific assessment rates for
hand trucks from the PRC via ad valorem duty assessment rates based on
the ratio of the total amount of the dumping margins calculated for the
examined sales to the total entered value of those same sales. However,
as noted in the Preliminary Results, we calculated importer-specific
per-unit assessment instructions because True Potential was unable to
provide the entered value of its reported sales. See Preliminary
Results at 72 FR at 947. We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of hand trucks from the PRC entered, or withdrawn
from warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) for Forecarry and
Formost, Since Hardware, and True Potential, which each have separate
rates, the cash deposit rate will be the company-specific rate shown
above; (2) for previously reviewed or investigated companies not listed
above that have a separate rate, the cash deposit rate will continue to
be the company-specific rate published for the most recent period; (3)
the cash deposit rate for all other PRC exporters will be 383.60
percent, the current PRC-wide rate; and
[[Page 27291]]
(4) the cash deposit rate for all non-PRC exporters will be the rate
applicable to the PRC exporter that supplied that exporter. These cash
deposit requirements shall remain in effect until further notice.
Notification of Interested Parties
This notice also serves as a final 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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, 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.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
I. General Issues
Comment 1: Whether the Department Should Use an Electricity-Specific
Inflation Index to Adjust the Electricity Surrogate Value.
Comment 2: Whether the Department Should Include Packing Materials and
Packing Labor in the Application Bases for Surrogate Financial Ratios.
Comment 3: Whether the Department Should Correct Clerical Errors in the
Application of the Surrogate Values for Inland Freight Expenses.
Comment 4: Whether the Department Should Correct Clerical Errors in the
Application of the Surrogate Values for Domestic Brokerage and Handling
Expenses.
Comment 5: Whether the Department Should Select Different Financial
Statements to Value Factory Overhead, Selling, General & Administrative
Expenses, and Profit.
Comment 6: Whether the Department Should Use the 2004-2005 or the 2005-
2006 Financial Statements of Jay Equipment to Calculate Overhead,
Selling, General & Administrative Expenses and Profit.
Comment 7: Whether the Department Should Correct Its Calculation of the
Surrogate Financial Ratios for Rexello Castors Private Ltd.
Comment 8:Whether the Department Should Correct Its Application of the
Surrogate Value for Hydrochloric Acid.
Comment 9: Whether the Department Should Apply an Updated Surrogate
Value for Brokerage and Handling Expenses.
Comment 10: Whether the Department Should Apply the Most Recently
Calculated Non-Market Economy Wage Rate for the PRC.
II. Company-Specific Issues
A. Since Hardware Issues
Comment 11: Whether the Department Should Accept Since Hardware's
Reported Factors of Production Methodology.
Comment 12: Whether the Department Should Reject Since Hardware's
Market Economy Purchases of Steel Inputs.
Comment 13: Whether the Department Should Assign a Surrogate Value to
Plastic Bags.
Comment 14: Whether the Department Should Assign Bungee Cable a
Different HTS Classification.
Comment 15: Whether the Department Should Assign a Surrogate Value to
the Input for Petrolatum.
Comment 16: Whether the Inclusion of South Korea in the Calculation of
the Surrogate Value for Muriate of Potash is Warranted.
Comment 17:Whether the Calculation of the Surrogate Value for Welding
Rod is Correct.
Comment 18: Whether the Department Should Assign Bearings a Different
HTS Classification.
Comment 19: Whether the Inclusion of Packing-Related Inputs in Cost of
Manufacturing is Valid.
B. True Potential Issues
Comment 20: Whether the Department Should Add Trading Company Factors
for Selling, General and Administrative Expenses and Profit to its
Calculation of True Potential's Normal Value.
Comment 21: Whether the Department Should Correct its Application of a
Surrogate Value for Certain Ball Bearings.
Comment 22: Whether the Department Should Correct Its Surrogate Value
Calculation for Carbon Dioxide to Include Imports from Hong Kong.
Comment 23: Whether the Department Should Correct its Surrogate Value
Calculation for Welding Solder to Include Imports from Austria and the
Netherlands.
C. Future Tool's Issue
Comment 24: Whether the Department Should Continue to Apply Adverse
Facts Available to Future Tool.
D. Shangdong Machinery's Issue
Comment 25: Whether the Department Should Continue to Apply Adverse
Facts Available to Shandong Machinery.
E. Forecarry and Formost's Issues
Comment 26: Whether to Apply Facts Available to Forecarry and Formost.
Comment 27: Whether to Apply Adverse Facts Available to Forecarry and
Formost.
[FR Doc. E7-9324 Filed 5-14-07; 8:45 am]
BILLING CODE 3510-DS-S