Notice of Partial Rescission, Intent To Rescind and Extension of Preliminary Results of Antidumping Duty Administrative Review: Hand Trucks and Certain Parts Thereof From the People's Republic of China, 29178-29179 [E9-14472]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Pages 29178-29179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14472]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-891)


Notice of Partial Rescission, Intent To Rescind and Extension of 
Preliminary Results of Antidumping Duty Administrative Review: Hand 
Trucks and Certain Parts Thereof From the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

SUMMARY: In response to requests from Gleason Industrial Products, 
Inc., and Precision Products, Inc. (collectively, petitioners), the 
U.S. Department of Commerce (the Department) initiated an 
administrative review of the antidumping duty order on hand trucks and 
certain parts thereof from the People's Republic of China for the 
companies listed below for the period December 1, 2007, through 
November 30, 2008. No other interested party requested a review for 
this period of review. For the reasons discussed below, the Department 
is partially rescinding this administrative review with respect to two 
companies and intends to rescind the review with respect to a third 
company.

EFFECTIVE DATES: June 19, 2009.

FOR FURTHER INFORMATION CONTACT: David Cordell 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) 482-0408 
or (202) 482-0649 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 1, 2008, the Department published in the Federal 
Register its notice of opportunity to request an administrative review 
of the antidumping duty order on hand trucks and certain parts thereof 
from the People's Republic of China. See Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 73 FR 72764 (December 1, 2008). On December 30, 
2008, in accordance with 19 CFR 351.213(b)(1), petitioners requested 
that the Department conduct an administrative review for the following 
exporters of the subject merchandise: Qingdao Huatian Hand Truck Co., 
Ltd. (Huatian); True Potential Co., Ltd. (True Potential); Since 
Hardware (Guangzhou) Co., Ltd. (Since Hardware); and New-Tec 
Integration (Xiamen) Co., Ltd. (New-Tec).
    On February 2, 2009, 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 
December 1, 2007, through November 30, 2008, with respect to the four 
companies named above. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 74 FR 
5821 (February 2, 2009) (Initiation Notice).
    On February 19, 2009, the Department issued a memorandum indicating 
its intention to select mandatory respondents based upon U.S. Customs 
and Border Protection data for U.S. imports of hand trucks from the PRC 
during the POR. On February 13, 2009 petitioners provided comments to 
the Department in which they requested that the Department select 
Huatian and True Potential as mandatory respondents. On March 4, 2009, 
Huatian and True Potential both provided the Department with separate 
rate certifications, thereby meeting the 30-day deadline for submission 
of such certifications as detailed in the Initiation Notice. On March 
16, 2009, the Department determined that it was not practicable to 
examine individually all of the companies covered by the 2007-2008 
administrative review. The Department stated it was limiting its 
examination to the largest producers/exporters that could reasonably be 
reviewed, pursuant to section 777A(c)(2)(B) of the Tariff Act of 1930, 
as amended (the Tariff Act). The Department selected Huatian and True 
Potential as the two respondents required to submit a full 
questionnaire response in the administrative review. See memorandum 
titled ``Respondent Selection Memorandum: Antidumping Duty 
Administrative Review of Hand Trucks and Parts Thereof from the 
People's Republic of China'' dated March 16, 2009.
    Huatian and True Potential filed their section A responses on April 
13, 2009 and their section C and D responses on April 28, 2009. On May 
1, 2009, pursuant to 19 CFR 351.213(d)(1), petitioners withdrew their 
requests for review of Huatian and True Potential but did not withdraw 
the request with respect to Since Hardware and New-Tec
    On March 4, 2009, New-Tec provided certification that New-Tec did 
not ship to the United States any subject merchandise during the POR 
and requested the Department rescind the review with respect to New-
Tec. On April 21, 2009, the Department's no shipments inquiry with 
respect to New-Tec was posted by CBP. See message number 9120201 dated 
April 21, 2009. The Department has received no information from that 
inquiry, and has found no evidence of shipments of subject merchandise 
to the United States by New-Tec of subject merchandise during the POR.

Rescission of Review

    Section 351.213(d)(1) of the Department's regulations provide that 
the Department will rescind an administrative review if the party that 
requested the review withdraws its request for review within 90 days of 
the date of publication of the notice of initiation of the requested 
review, or withdraws at a later date if the Department determines that 
it is reasonable to extend the time limit for withdrawing the request. 
The Department initiated the administrative review of the antidumping 
duty order on February 2, 2009. Petitioners withdrew their request for 
review of Huatian and True Potential on May 1, 2009. As the party that 
requested this review has timely withdrawn the

[[Page 29179]]

requests for review, this review is rescinded with respect to Huatian 
and True Potential.

Intent To Rescind Review in Part

    On March 4, 2009, New-Tec submitted a certification of no shipments 
of subject merchandise to the United States. We have not received 
comments on New-Tec's submission. We made inquires with CBP as to 
whether any shipments were entered with respect to New-Tec during the 
POR. See message number 9120201 dated April 21, 2009. We received no 
response to that inquiry. We examined CBP information used in the 
selection of the mandatory respondents to further confirm no shipments 
by New-Tec during the POR. See ``Letter from Robert James to All 
Interested Parties'' dated February 9, 2009, containing CBP data on all 
entries of hand trucks and certain parts thereof during the POR. Based 
on the above, we preliminarily find that New-Tec had no shipments of 
subject merchandise during the POR, and we intend to rescind the review 
with respect to New-Tec pursuant to 19 CFR 351.213(d)(3).
    Interested parties may submit comments on the Department's intent 
to rescind with respect to New-Tec no later than 30 days after the date 
of publication of this preliminary notice. The Department will issue 
the final notice, which will include the results of its analysis of 
issues raised in any such comments, in the preliminary results of the 
review.

Since Hardware

    Because the Department is rescinding the review with respect to 
Huatian and True-Potential, and because the Department intends to 
rescind the review with respect to New-Tec, the Department has decided 
to make Since Hardware the mandatory respondent in this review. Since 
Hardware was issued a complete questionnaire to respond to on May 5, 
2009. On May 26, 2009, Since Hardware entered its notice of appearance 
in this segment of the proceeding. The Department will issue 
appropriate assessment instructions regarding the rescinded companies 
directly to U.S. Bureau of Customs and Border Protection.

Extension of Preliminary Results

    The Department has determined that it is not practicable to 
complete the preliminary results by the current 245-day deadline of 
September 2, 2009. The Department selected Since Hardware as a 
mandatory respondent on May 5, 2009, four days after petitioners 
withdrew their request for a review of the two previously-selected 
mandatory respondents Huatian and True Potential. See Memorandum to the 
File, ``Re: Selection of New Mandatory Respondent,'' dated May 5, 2009. 
Because May 5, 2009 was more than three months subsequent to the 
initiation of this review, we will need additional time to analyze 
Since Hardware's response and complete the antidumping calculation. 
Therefore, in accordance with section 751(a)(3)(A) of the Act, and 19 
CFR 351.213(h)(2), the Department is extending the time limit for the 
preliminary results by 120 days to December 31, 2009.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
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 
assumption that reimbursement of antidumping duties occurred and 
subsequent assessment of double antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. 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 the terms of an 
APO is a sanctionable violation.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act, and 19 CFR 351.213(d)(4) of the 
Department's regulations.

    Dated: June 12, 2009.
John M. Andersen,
 Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-14472 Filed 6-18-09; 8:45 am]
BILLING CODE 3510-DS-S