Hand Trucks and Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 29314-29316 [2010-12565]
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29314
Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Extension of Time
Limits for Final Results of the
Antidumping Duty Administrative
Review
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 25, 2010.
FOR FURTHER INFORMATION CONTACT:
Scott Lindsay, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–0780.
Background
On December 24, 2008, the
Department of Commerce (Department)
published the initiation of an
administrative review of fresh garlic
from the People’s Republic of China
covering the period November 1, 2007
through October 31, 2008. See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews and
Request for Revocation in Part, 73 FR
79055 (December 24, 2008). On
December 8, 2009, the Department
published the preliminary results of this
antidumping duty administrative
review. See Fresh Garlic From the
People’s Republic of China: Preliminary
Results of, and Intent To Rescind, in
Part, the Antidumping Duty
Administrative Review, 74 FR 64677
(December 8, 2009) (Preliminary
Results).
As explained in the memorandum
from the Deputy Assistant Secretary
(DAS) for Import Administration, the
Department exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
February 5 through February 12, 2010.
Thus, all deadlines in this segment of
the proceeding were extended by seven
days. See Memorandum to the Record
from Ronald Lorentzen, DAS for Import
Administration, Re: Tolling of
Administrative Deadlines As a Result of
the Government Closure During the
Recent Snowstorm (February 12, 2010).
On April 8, 2010, the Department
postponed the final results of this
review by 30 days, until May 14, 2010.
See Fresh Garlic from the People’s
Republic of China: Extension of Time
Limits for Final Results of the
Antidumping Duty Administrative
Review, 75 FR 19364 (April 14, 2010).
VerDate Mar<15>2010
18:11 May 24, 2010
Jkt 220001
Extension of Time Limits for Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), provides
that the Department will issue the final
results in an administrative review of an
antidumping duty order within 120
days after the date on which the
preliminary results are published.
However, the Department may extend
the deadline for completion of the final
results of an administrative review to
180 days if it determines it is not
practicable to complete the review
within the foregoing time period. See
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2).
The Department determines that it is
not practicable to complete the final
results of this administrative review by
the current deadline of May 14, 2010.
Specifically, the Department requires
additional time to analyze issues raised
by interested parties. Thus, we are
extending the time for completion of the
final results of this administrative
review by an additional 30 days, as
permitted by section 751(a)(3)(A) of the
Act. The final results are now due no
later than June 14, 2010.1
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: May 11, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–12580 Filed 5–24–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Parts Thereof from
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 11, 2010, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of
administrative review of the
AGENCY:
1 We note that the 187th day after the December
8, 2009 publication date of the preliminary results
falls on Sunday, June 13, 2010. When a deadline
falls on a weekend, the Department’s practice is to
use the next business day as the appropriate
deadline. See Notice of Clarification: Application of
Next Business Day Rule for Administrative
Determination Deadlines Pursuant to the Act, 70 FR
24533 (May 10, 2005).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
antidumping duty order on hand trucks
and certain parts thereof from the
People’s Republic of China (PRC). The
review covers one exporter. The period
of review (POR) is December 1, 2007
through November 30, 2008. We gave
interested parties an opportunity to
comment on the preliminary results.
Based on our analysis of the comments
received, we have made changes to the
margin calculations. Therefore, the final
results differ from the preliminary
results. The final weighted–average
dumping margin for the reviewed firm
is listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: May 25, 2010.
FOR FURTHER INFORMATION CONTACT: Fred
Baker 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) 482–2924 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION: On
January 11, 2010, the Department of
Commerce (the Department) published
in the Federal Register the preliminary
results of administrative review of the
antidumping duty order on hand trucks
and certain parts thereof from the
People’s Republic of China (PRC). See
Hand Trucks and Certain Parts Thereof
from the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Rescission in Part, 75 FR 1339 (January
11, 2010) (Preliminary Results). The
administrative review covers Since
Hardware (Guangzhou) Co., Ltd. (Since
Hardware).1 We invited interested
parties to comment on the preliminary
results. On February 12, 2010 we
received a case brief from petitioners.
We received no case or rebuttal briefs
from Since Hardware. No interested
party requested a hearing.
Scope of the Order
The merchandise subject to this
antidumping duty order consists of
1 This review originally covered four exporters.
See Initiation of Antidumping and Countervailing
Duty Administrative Reviews and Requests for
Revocation in Part, 74 FR 5821 (February 2, 2009).
However the Department rescinded the review on
two of those exporters on June 19, 2009. See 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, 74 FR 29178 (June 19, 2009). It rescinded the
review on another of the four exporters on January
11, 2010. See Hand Trucks and Certain Parts
Thereof from the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review and Rescission in Part, 75
FR 1339 (January 11, 2010).
E:\FR\FM\25MYN1.SGM
25MYN1
29315
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices
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.
VerDate Mar<15>2010
18:11 May 24, 2010
Jkt 220001
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 materials 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
In proceedings involving non–market
economy (NME) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to
review in an NME country this single
rate unless an exporter can demonstrate
that it is sufficiently independent so as
to be entitled to a separate rate.
In the preliminary results, we found
that Since Hardware demonstrated its
eligibility for separate rate status. We
received no comments from interested
parties regarding Since Hardware’s
separate rate status. In these final results
of review, we continue to find the
evidence placed on the record by Since
Hardware demonstrates an absence of
government control, both in law and in
fact, with respect to Since Hardware’s
exports of the merchandise under
review. Thus, we have determined that
Since Hardware is eligible to receive a
separate rate.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made the following
changes in our margin calculations:
• We included defective hand trucks as
part of the total production volume. See
comment 2 of the decision
memorandum.
oWe valued the ‘‘rubber wheel’’ input
using Indian import statistics from
harmonized tariff schedule (HTS)
8716.90.90. See comment 3 of the
decision memorandum.
• We used the financial statement of
Rexello Castors Private Limited in
combination with that of Godrej &
Boyce Manufacturing Co., Ltd., to
calculate ratios for selling, general and
administrative expenses, overhead, and
profit. See comment 4 of the decision
memorandum.
• We valued the ‘‘zinc–galvanized cold–
rolled plate’’ input using HTS
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
7216.91.61, rather than HTS 7216.91.00.
See comment 5 of the decision
memorandum.
Final Results of Review
The Department has determined that
the following margin exists for the
period December 1, 2007, through
November 30, 2008:
Exporter/Manufacturer
Weighted–Average
Margin (Percentage)
Since Hardware
(Guangzhou) Co. Ltd.
119.98
Assessment Rates
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) fifteen days
after publication of these final results of
administrative review. In calculating
importer–specific assessment rates, we
divided the total dumping margins
(calculated as the difference between
normal value and export price) for each
of Since Hardware’s importers or
customers by the total number of units
the exporter sold to that importer or
customer. We will direct CBP to assess
the resulting per–unit dollar amount
against each unit of merchandise in
each of that importer’s/customer’s
entries during the POR.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
administrative review for all shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Tariff Act of 1930, as amended
(the Act): (1) for Since Hardware the
cash deposit rate will be 119.98 percent;
(2) for previously investigated or
reviewed PRC and non–PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter–specific rate published for
the most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC–wide rate of 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 that non–
PRC exporter. These cash deposit
requirements will remain in effect until
further notice.
E:\FR\FM\25MYN1.SGM
25MYN1
29316
Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices
Reimbursement of Duties
DEPARTMENT OF COMMERCE
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Bureau of Industry and Security
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) 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.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: May 18, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
srobinson on DSKHWCL6B1PROD with NOTICES
Appendix
Comment 1. Bank fees incurred on U.S.
sales.
Comment 2. Whether to include
defective hand trucks as part of
production volume.
Comment 3. How to value the input
‘‘rubber wheel.’’
Comment 4. What financial statement to
use for calculating financial ratios.
Comment 5. How to value the input
‘‘zinc galvanized cold–rolled plate.’’
Comment 6. Whether to use Indian
import statistics denominated in U.S.
dollars.
Comment 7. Whether to adjust the
surrogate value for domestic inland
freight to account for shipment volumes.
[FR Doc. 2010–12565 Filed 5–24–10; 8:45 am]
BILLING CODE 3510–DS–S
VerDate Mar<15>2010
18:11 May 24, 2010
Jkt 220001
Regulations and Procedures Technical
Advisory Committee; Notice of
Partially Closed Meeting
The Regulations and Procedures
Technical Advisory Committee (RPTAC)
will meet June 8, 2010, 9 a.m., Room
4830, in the Herbert C. Hoover Building,
14th Street between Constitution and
Pennsylvania Avenues, NW.,
Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration on
implementation of the Export
Administration Regulations (EAR) and
provides for continuing review to
update the EAR as needed.
disclosure of which would be likely to
frustrate significantly implementation of
an agency action as described in 5
U.S.C. 552b(c)(9)(B) shall be exempt
from the provisions relating to public
meetings found in 5 U.S.C. app. 2
§§ 10(a)1 and 10(a)(3). The remaining
portions of the meeting will be open to
the public.
For more information, call Yvette
Springer at (202) 482–2813.
Dated: May 20, 2010.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2010–12517 Filed 5–24–10; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Agenda
National Oceanic and Atmospheric
Administration
Public Session
RIN 0648–XW60
1. Opening remarks by the Chairman.
2. Presentation of papers or comments
by the Public.
3. Opening remarks by Bureau of
Industry and Security.
4. Export Enforcement update.
5. Regulations update.
6. Working group reports.
7. Automated Export System (AES)
update.
Closed Session
8. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yspringer@bis.doc.gov no later than
June 1, 2010.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via e-mail.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on March 11, 2010,
pursuant to section 10(d) of the Federal
Advisory Committee Act, as amended (5
U.S.C. app. 2 §§ (10)(d)), that the portion
of the meeting dealing with matters the
PO 00000
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Marine Mammals; File No. 13599
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application
for permit amendment.
SUMMARY: Notice is hereby given that
the National Ocean Service Marine
Forensic Lab (NOS Lab, Julie Carter,
Principal Investigator), 219 Fort Johnson
Road, Charleston, SC 29412, has applied
for an amendment to Scientific Research
Permit No. 13599.
DATES: Written, telefaxed, or e-mail
comments must be received on or before
June 24, 2010.
ADDRESSES: Documents associated with
this amendment request are available
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) 713–0376; and
Southeast Region, NMFS, 263 13th
Avenue South, Saint Petersburg, Florida
33701; phone (727) 824–5312; fax (727)
824–5309.
Written comments on this application
should be submitted to the Chief,
Permits, Conservation and Education
Division, at the address listed above.
Comments may also be submitted by
facsimile to (301) 713–0376, or by email
to NMFS.Pr1Comments@noaa.gov.
Please include the File No. in the
subject line of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits, Conservation and
E:\FR\FM\25MYN1.SGM
25MYN1
Agencies
[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)]
[Notices]
[Pages 29314-29316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12565]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Parts Thereof from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 11, 2010, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of administrative review of the antidumping duty order on hand trucks
and certain parts thereof from the People's Republic of China (PRC).
The review covers one exporter. The period of review (POR) is December
1, 2007 through November 30, 2008. We gave interested parties an
opportunity to comment on the preliminary results. Based on our
analysis of the comments received, we have made changes to the margin
calculations. Therefore, the final results differ from the preliminary
results. The final weighted-average dumping margin for the reviewed
firm is listed below in the section entitled ``Final Results of
Review.''
EFFECTIVE DATE: May 25, 2010.
FOR FURTHER INFORMATION CONTACT: Fred Baker 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) 482-2924
or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION: On January 11, 2010, the Department of
Commerce (the Department) published in the Federal Register the
preliminary results of administrative review of the antidumping duty
order on hand trucks and certain parts thereof from the People's
Republic of China (PRC). See Hand Trucks and Certain Parts Thereof from
the People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission in Part, 75 FR 1339 (January 11,
2010) (Preliminary Results). The administrative review covers Since
Hardware (Guangzhou) Co., Ltd. (Since Hardware).\1\ We invited
interested parties to comment on the preliminary results. On February
12, 2010 we received a case brief from petitioners. We received no case
or rebuttal briefs from Since Hardware. No interested party requested a
hearing.
---------------------------------------------------------------------------
\1\ This review originally covered four exporters. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Requests for Revocation in Part, 74 FR 5821 (February 2,
2009). However the Department rescinded the review on two of those
exporters on June 19, 2009. See 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, 74 FR 29178 (June 19, 2009). It
rescinded the review on another of the four exporters on January 11,
2010. See Hand Trucks and Certain Parts Thereof from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission in Part, 75 FR 1339 (January
11, 2010).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this antidumping duty order consists of
[[Page 29315]]
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 materials
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
In proceedings involving non-market economy (NME) countries, the
Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
review in an NME country this single rate unless an exporter can
demonstrate that it is sufficiently independent so as to be entitled to
a separate rate.
In the preliminary results, we found that Since Hardware
demonstrated its eligibility for separate rate status. We received no
comments from interested parties regarding Since Hardware's separate
rate status. In these final results of review, we continue to find the
evidence placed on the record by Since Hardware demonstrates an absence
of government control, both in law and in fact, with respect to Since
Hardware's exports of the merchandise under review. Thus, we have
determined that Since Hardware is eligible to receive a separate rate.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made the
following changes in our margin calculations:
We included defective hand trucks as part of the total
production volume. See comment 2 of the decision memorandum.
oWe valued the ``rubber wheel'' input using Indian import
statistics from harmonized tariff schedule (HTS) 8716.90.90. See
comment 3 of the decision memorandum.
We used the financial statement of Rexello Castors Private
Limited in combination with that of Godrej & Boyce Manufacturing Co.,
Ltd., to calculate ratios for selling, general and administrative
expenses, overhead, and profit. See comment 4 of the decision
memorandum.
We valued the ``zinc-galvanized cold-rolled plate'' input
using HTS 7216.91.61, rather than HTS 7216.91.00. See comment 5 of the
decision memorandum.
Final Results of Review
The Department has determined that the following margin exists for
the period December 1, 2007, through November 30, 2008:
------------------------------------------------------------------------
Weighted-Average
Exporter/Manufacturer Margin
(Percentage)
------------------------------------------------------------------------
Since Hardware (Guangzhou) Co. Ltd................. 119.98
------------------------------------------------------------------------
Assessment Rates
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) fifteen days after publication of
these final results of administrative review. In calculating importer-
specific assessment rates, we divided the total dumping margins
(calculated as the difference between normal value and export price)
for each of Since Hardware's importers or customers by the total number
of units the exporter sold to that importer or customer. We will direct
CBP to assess the resulting per-unit dollar amount against each unit of
merchandise in each of that importer's/customer's entries during the
POR.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act):
(1) for Since Hardware the cash deposit rate will be 119.98 percent;
(2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-wide rate of 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 that non-PRC exporter. These cash deposit
requirements will remain in effect until further notice.
[[Page 29316]]
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) 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.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: May 18, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
Comment 1. Bank fees incurred on U.S. sales.
Comment 2. Whether to include defective hand trucks as part of
production volume.
Comment 3. How to value the input ``rubber wheel.''
Comment 4. What financial statement to use for calculating financial
ratios.
Comment 5. How to value the input ``zinc galvanized cold-rolled
plate.''
Comment 6. Whether to use Indian import statistics denominated in U.S.
dollars.
Comment 7. Whether to adjust the surrogate value for domestic inland
freight to account for shipment volumes.
[FR Doc. 2010-12565 Filed 5-24-10; 8:45 am]
BILLING CODE 3510-DS-S