Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results and Final Rescission in Part, of Antidumping Duty Administrative Review, 36083-36086 [2011-15448]
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36083
Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Notices
Mn
P
S
Si
Cr
Cu
Ni
0.15% Max ...............................................
Nb .............................................................
0.005% Min ..............................................
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
C
1.40% Max
Ca
Treated
0.025% Max
Al
0.01–0.07%
0.010% Max
0.50% Max
1.00% Max
0.50% Max
0.20% Max
Width = 39.37 inches; Thickness =
0.181 inches maximum; Yield Strength
= 70,000 psi minimum for thicknesses
≤ 0.148 inches and 65,000 psi minimum
for thicknesses >0.148 inches; Tensile
Strength = 80,000 psi minimum.
• Hot-rolled dual phase steel, phasehardened, primarily with a ferriticmartensitic microstructure, contains 0.9
percent up to and including 1.5 percent
silicon by weight, further characterized
by either (i) Tensile strength between
540 N/mm2 and 640 N/mm2 and an
elongation percentage ≥ 26 percent for
thicknesses of 2 mm and above, or (ii)
a tensile strength between 590 N/mm2
and 690 N/mm2 and an elongation
percentage ≥ 25 percent for thicknesses
of 2 mm and above.
• Hot-rolled bearing quality steel,
SAE grade 1050, in coils, with an
inclusion rating of 1.0 maximum per
ASTM E 45, Method A, with excellent
surface quality and chemistry
restrictions as follows: 0.012 percent
maximum phosphorus, 0.015 percent
maximum sulfur, and 0.20 percent
maximum residuals including 0.15
percent maximum chromium.
• Grade ASTM A570–50 hot-rolled
steel sheet in coils or cut lengths, width
of 74 inches (nominal, within ASTM
tolerances), thickness of 11 gauge (0.119
inch nominal), mill edge and skin
passed, with a minimum copper content
of 0.20%.
The merchandise subject to the orders
is classified in the HTSUS at
subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7211.14.00.90, 7211.19.15.00,
7211.19.20.00, 7211.19.30.00,
7211.19.45.00, 7211.19.60.00,
7211.19.75.30, 7211.19.75.60,
7211.19.75.90, 7212.40.10.00,
7212.40.50.00, 7212.50.00.00.
Certain hot-rolled flat-rolled carbonquality steel products are covered by the
orders, including: vacuum degassed,
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fully stabilized; high strength low alloy;
and the substrate for motor lamination
steel may also enter under the following
tariff numbers: 7225.11.00.00,
7225.19.00.00, 7225.30.30.50,
7225.30.70.00, 7225.40.70.00,
7225.99.00.90, 7226.11.10.00,
7226.11.90.30, 7226.11.90.60,
7226.19.10.00, 7226.19.90.00,
7226.91.50.00, 7226.91.70.00,
7226.91.80.00, and 7226.99.00.00.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise covered by the orders is
dispositive.
Revocation
As a result of the determination by the
ITC that revocation of these AD and
CVD orders is not likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time, the Department is now revoking
the AD orders on hot-rolled steel from
Brazil and Japan and the CVD order on
hot-rolled steel from Brazil, pursuant to
section 751(d) of the Act.
Effective Date of Revocation
The effective date of revocation is
May 26, 2010, the fifth anniversary of
the date of publication in the Federal
Register of the most recent notice of
continuation of the AD orders and the
CVD order. See 19 CFR 351.222(i)(2)(i).
Pursuant to 19 CFR 351.222(i)(2)(i), the
Department intends to instruct U.S.
Customs and Border Protection to
terminate the suspension of liquidation
of the merchandise subject to these AD
orders and the CVD order entered, or
withdrawn from warehouse, for
consumption, on or after May 26, 2010.
Entries of subject merchandise prior
to the effective date of revocation will
continue to be subject to suspension of
liquidation and AD and CVD deposit
requirements. The Department will
complete any pending administrative
reviews of the orders and will conduct
administrative reviews of subject
merchandise entered prior to the
effective date of revocation in response
to appropriately filed requests for
review.
This notice serves as a reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
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Fmt 4703
Sfmt 4703
disclosed under the APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply is a violation of the
APO, which may be subject to
sanctions.
This revocation pursuant to five-year
(sunset) reviews and this notice are
issued and published in accordance
with sections 751(c), 751(d)(2), and
777(i)(1) of the Act.
Dated: June 15, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–15460 Filed 6–20–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Final Results and Final Rescission in
Part, of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES: Effective Date:
SUMMARY: On January
June 21, 2011.
14, 2011, 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 Intent
to Rescind in Part, 76 FR 2648 (January
14, 2011) (Preliminary Results). Based
upon our analysis of the comments, we
made changes to the margin calculations
for the final results.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, Scott Hoefke, or Robert James,
AD/CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
E:\FR\FM\21JNN1.SGM
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36084
Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Notices
telephone: (202) 482–2924, (202) 482–
4947 or (202) 482–0649, respectively.
SUPPLEMENTARY INFORMATION:
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Background
On January 14, 2011, the Department
published the preliminary results of
administrative review of the
antidumping duty order on hand trucks
and certain parts thereof from the PRC.
On February 3, 2011, Gleason Industrial
Products, Inc., and Precision Products,
Inc. (petitioners) and New-Tec
Integration (Xiamen) Co., Ltd. (NewTec) submitted additional surrogate
value (SV) information. On February 14,
2011, New-Tec submitted rebuttal
comments on the surrogate value
information petitioners submitted on
February 3. On February 17, 2011,
petitioners submitted rebuttal comments
on the surrogate value information NewTec submitted on February 3, 2011. On
February 28, 2011, New-Tec submitted
factual information to rebut, clarify, or
correct the factual information
submitted by the petitioners on
February 17, 2011.
In the preliminary results, the
Department invited interested parties to
submit case briefs within 30 days of
publication of the preliminary results
and rebuttal briefs within five days after
the due date for filing case briefs. See
Preliminary Results, 76 FR at 2654. On
January 21, 2011, the Department
extended the due date for case briefs
and rebuttal briefs by one week. We
received a case brief from petitioners on
February 22, 2011, and rebuttal briefs
from New-Tec and Cosco Home and
Office Products, a U.S. importer, on
March 1, 2011.
On February 14, 2011, petitioners also
submitted comments on the
Department’s preliminary intent to
rescind the review with respect to
Yangjiang Shunhe Industrial Co.
(Yangjiang Shunhe). Also on February
14, 2011, petitioners requested the
Department hold a public hearing to
discuss the preliminary results.
Petitioners withdrew their request for a
hearing on March 9, 2011. Therefore, we
did not hold a hearing.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the memorandum
entitled, ‘‘Hand Trucks and Certain
Parts Thereof From the People’s
Republic of China: Issues and Decision
Memorandum for the Final Results of
2008–2009 Administrative Review,’’
which is dated concurrently with and
adopted by this notice (Decision
Memorandum). A list of the issues
which parties raised, and to which we
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15:25 Jun 20, 2011
Jkt 223001
respond in the Decision Memorandum
is attached to this notice as an
Appendix. The Decision Memorandum
is a public document, and is on file in
the Central Records Unit (CRU), Main
Commerce Building, Room 7046, and is
accessible on the Department’s Web site
at https://www.trade.gov/ia. The paper
copy and electronic version of the
memorandum are identical in content.
Period of Review
The period of review (POR) is
December 31, 2008, through November
30, 2009.
Scope of the Order
The merchandise subject to this
antidumping duty 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,
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Sfmt 4703
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.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from parties
regarding our Preliminary Results, we
have made revisions to certain SVs and
the margin calculation for New-Tec in
these final results. We made the
following changes:
• We used the 2009–10 financial
statement of Rexello Castors Private,
Ltd., for calculating financial ratios;
• We revised our calculation of
brokerage and handling to take into
account the weight of the hand truck.
Separate Rates Determination
In our Preliminary Results, we
determined that New-Tec met the
criteria for separate rate status. We have
not received any information since
issuance of the preliminary results that
provides a basis for reconsidering this
preliminary determination. Therefore,
the Department continues to find that
New-Tec meets the criteria for a
separate rate.
Final Partial Rescission
In the Preliminary Results, the
Department preliminarily rescinded this
review with respect to Yangjiang
Shunhe and Century Distribution
Systems, Inc. (Century Distribution)
because the Department preliminarily
determined that they had no shipments
of subject merchandise to the United
States during the POR. On February 14,
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wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
2011, petitioners submitted comments
alleging that there was substantial
evidence on the record that Yangjiang
Shunhe did have shipments of subject
merchandise to the United States during
the POR. We have addressed petitioners’
comments in the Decision
Memorandum at Comment 9. Based on
our review of the record we affirm our
previous determination that there is no
record evidence that Yangjiang Shunhe
had shipments of subject merchandise
to the United States during the POR.
Thus, in accordance with 19 CFR
351.213(d)(3), and consistent with our
practice, we are rescinding this review
with respect to Yangjiang Shunhe and
Century Distribution.
Use of Adverse Facts Available (AFA)
In accordance with section 776(b) of
the Act, we determine that the use of
AFA as the basis for the weightedaverage dumping margin is appropriate
for the PRC-wide entity. As explained in
the Preliminary Results, Sunshine
International Corporation (Sunshine
International), Zhejiang Yinmao Import
and Export Co. (Zhejiang Yinmao), and
Qingdao Huazhan Hardware and
Machinery Co., Ltd. (Qingdao Huazhan),
did not submit any information on the
record regarding their separate-rate
status, and did not respond to requests
for information from the Department. As
such, they have not rebutted the
presumption of PRC-government
control, and do not qualify for a separate
rate. Therefore, the Department
continues to find that they should be
treated as part of the PRC-wide entity.
Because we have determined that
Sunshine International, Zhejiang
Yinmao, and Qingdao Huazhan are part
of the PRC-wide entity, the PRC-wide
entity is under review. Pursuant to
section 776(a)(2)(A) and (C) of the Act,
we find that Sunshine International,
Zhejiang Yinmao, and Qingdao
Huazhan failed to respond to the
Department’s questionnaires, withheld
information requested by the
Department, and impeded the conduct
of this review. Accordingly, the
Department continues to find that it is
appropriate to base the dumping margin
of the PRC-wide entity on the facts
otherwise available on the record.
Further, because the failure of Sunshine
International, Zhejiang Yinmao, and
Qingdao Huazhan to provide requested
information constitutes circumstances
under which it is reasonable to
conclude that less than full cooperation
has been shown, pursuant to section
776(b) of the Act, the Department has
determined that, when selecting from
among the facts otherwise available, an
adverse inference is warranted with
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15:25 Jun 20, 2011
Jkt 223001
respect to the PRC-wide entity. See
Preliminary Results, 76 FR at 2653.
As AFA, we have assigned 383.60
percent to the PRC-wide entity. This
rate was assigned in the less-than-fairvalue investigation of this proceeding,
and is the highest rate determined for
any party in any segment of this
proceeding. Furthermore, as required by
section 776(c) of the Act, we
corroborated this margin with respect to
the PRC-wide entity, to the extent
practicable. For a detailed explanation
of how we corroborated this margin, see
Preliminary Results, 76 FR at 2654.
Final Results of the Review
The Department has determined that
the following margin exists for the
period December 1, 2008, through
November 30, 2009:
36085
less than 0.5 percent, no cash deposit
will be required for that company); (2)
for previously investigated companies
not listed above, the cash deposit rate
will continue to be the companyspecific rate published for the most
recent period of review; (3) if the
exporter is a firm not covered in this
review, a prior review, or the original
less-than-fair-value investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the subject merchandise; and (4) the
cash deposit rate for all other
manufacturers or exporters will be the
PRC-wide rate of 383.60 percent. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
Weightedaverage margin
(percent)
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
New-Tec Integration
certificate regarding the reimbursement
(Xiamen) Co., Ltd ..........
0.00 of antidumping duties prior to
PRC-wide Entity ...............
383.60 liquidation of the relevant entries
during this POR. Failure to comply with
Assessment Rates
this requirement could result in the
Secretary’s presumption that
Consistent with these final results,
reimbursement of antidumping duties
and pursuant to section 751(a)(2)(B) of
occurred and the subsequent assessment
the Act and 19 CFR 351.212(b)(1), the
of double antidumping duties.
Department will direct CBP to assess
antidumping duties on all appropriate
Administrative Protective Order
entries. The Department will issue
This notice also serves as a reminder
appropriate assessment instructions to
to parties subject to administrative
CBP 15 days after the date of
protective orders (APO) of their
publication of the final results of this
responsibility concerning the return or
review. Pursuant to 19 CFR
destruction of proprietary information
351.212(b)(1), we calculated importerdisclosed under APO in accordance
specific ad valorem duty assessment
with 19 CFR 351.305, which continues
rates based on the ratio of the total
to govern business proprietary
amount of the dumping margins
information in this segment of the
calculated for the examined sales to the
proceeding. Timely written notification
total entered value of those same sales.
of the return/destruction of APO
We will instruct CBP to assess
materials or conversion to judicial
antidumping duties on all appropriate
protective order is hereby requested.
entries covered by this review if any
Failure to comply with the regulations
importer-specific assessment rate
and terms of an APO is a violation
calculated in the final results of this
which is subject to sanction.
review is above de minimis.
We are issuing and publishing this
Cash Deposit Requirements
administrative review and notice in
The following cash deposit
accordance with sections 751(a)(1) and
requirements, when imposed, will be
777(i) of the Act.
effective upon publication of the final
Dated: June 13, 2011.
results of this review for all shipments
Ronald K. Lorentzen,
of subject merchandise entered, or
Deputy Assistant Secretary for Import
withdrawn from warehouse, for
consumption on or after the publication Administration.
date, as provided by section 751(a)(2)(C) Appendix
of the Act: (1) The cash-deposit rate for
Comment 1. Whether to Value Certain Inputs
each of the reviewed companies that
Using Purchases from Market-Economy
received a separate rate in this review
Suppliers.
will be the rate listed in the final results Comment 2. Use of Godrej & Boyce
of this review (except that if the rate for
Manufacturing Co., Ltd. (Godrej & Boyce)
a particular company is de minimis, i.e.,
Financial Statements.
PO 00000
Exporter
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Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Notices
Comment 3. Use of the 2009–2010 Financial
Statements of Rexello Castors Private Ltd.
(Rexello).
Comment 4. 2004–2005 Financial Statements
of Rexello and 2006–2007 Financial
Statements of Infiniti Modules Private Ltd.
(Infinite Modules).
Comment 5. Surrogate Value for Hot-Rolled
Steel.
Comment 6. Sample Sales.
Comment 7. Whether to Deduct Warranty
Expenses from U.S. Price.
Comment 8. Whether to Revise the
Calculation of Domestic Brokerage and
Handling Expenses.
Comment 9. Whether to Rescind the Review
with Respect to Yangjiang Shunhe
Industrial Co.
[FR Doc. 2011–15448 Filed 6–20–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe From Mexico: Final Results
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 15, 2010, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
circular welded non-alloy steel pipe
from Mexico. See Certain Circular
Welded Non-Alloy Steel Pipe From
Mexico: Preliminary Results of
Antidumping Duty Administrative
Review, 75 FR 78216 (December 15,
2010) (Preliminary Results). This
administrative review covers mandatory
respondents Mueller Comercial de
Mexico, S. de R.L. de C.V., and
Southland Pipe Nipples Company, Inc.,
(Mueller) and Ternium Mexico, S.A. de
C.V. (Ternium). Tuberia Nacional, S.A.
de C.V. (TUNA) was subject to a
concurrent changed circumstances
review of this order; in its changed
circumstances review, the Department
determined that Lamina y Placa
Comercial, S.A. de C.V. (Lamina) is the
successor-in-interest to TUNA. See
Notice of Final Results of Antidumping
Duty Changed Circumstances Review:
Certain Circular Welded Non-Alloy
Steel Pipe from Mexico, 75 FR 82374
(December 30, 2010). Because the
determination was made after the
Preliminary Results and the parties refer
to this entity as TUNA in their case and
rebuttal briefs, we continue to refer to
this entity as TUNA for these final
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
AGENCY:
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results so as to avoid confusion. The
period of review (POR) is November 1,
2008, through October 31, 2009.
We determine that sales of subject
merchandise have been made at less
than normal value (NV). One of the
companies, Ternium, refused to
cooperate with the Department in this
administrative review. We have
calculated a dumping margin for
Mueller. We determine that TUNA had
no reviewable sales, shipments, or
entries during the POR. The
Department’s review of import data
supported TUNA’s claim of no
shipments during the POR (see
‘‘TUNA’s No-Shipment Claim’’ section
of this notice for further explanation).
As a result of our analysis of the
comments received, these final results
differ from the Preliminary Results. For
our final results, we find that Ternium
and Mueller made sales of subject
merchandise at less than NV. We have
listed the final dumping margin below
in the section entitled ‘‘Final Results of
Review.’’
DATES: Effective Date: June 21, 2011.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner 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) 482–6312 and (202)
482–0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 15, 2010, the
Department published in the Federal
Register the preliminary results of the
administrative review of the
antidumping duty order on certain
circular welded non-alloy steel pipe
from Mexico for the period November 1,
2008, to October 31, 2009. See
Preliminary Results.
As noted in the Preliminary Results,
we conducted verification of the
Mueller sales responses on October 25–
29, 2010, and of the TUNA noshipments claim on November 1–3,
2010. Because there was insufficient
time to complete the verification
memoranda for the Preliminary Results,
these verification memoranda were
released after the Preliminary Results.
Mueller submitted new sales data (in
response to the Department’s request
made at the end of verification) on
December 1, 2010; we used these data
in our post-preliminary margin
calculation for Mueller and continue to
use them for these final results.
On December 7, 2010, the Department
issued second supplemental section D
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Fmt 4703
Sfmt 4703
questionnaires to Mueller, TUNA, and
Ternium. On December 21, 2010,
Ternium submitted its response to our
second supplemental section D
questionnaire (but we are not using a
Ternium database for this final results
calculation, nor did we use one for the
post-preliminary margin calculation).
On January 4, 2011, Mueller submitted
its response to our second supplemental
section D questionnaire (which
contained its latest cost database). On
January 4, 2011, TUNA submitted its
response to our second supplemental
section D questionnaire (but did not
need to revise its database). Therefore,
these final results are based on the same
databases used for the post-preliminary
calculation. (Note: Ternium is the
successor-in-interest to HYLSA; it is
referenced alternately by ‘‘Ternium,’’ by
‘‘HYLSA,’’ and by ‘‘Termex’’ in the body
of the program. See Final Results of
Antidumping Duty Changed
Circumstances Review: Certain Circular
Welded Non-Alloy Steel Pipe and Tube
from Mexico, 74 FR 41681 (August 18,
2009)).
On February 10, 2011, the Department
released a post-preliminary calculation.
See Memorandum from Mark Flessner
to the File entitled ‘‘Certain Circular
Welded Non-Alloy Steel Pipe from
Mexico: Post-Preliminary Results
Analysis Memorandum for Mueller
Comercial, S. de R.L. de C.V.,’’ dated
February 10, 2011 (Post-Preliminary
Results Analysis Memorandum). As part
of that post-preliminary calculation,
three memoranda from Heidi K.
Schriefer to Neal M. Halper were placed
on the record. These memoranda were
entitled: (1) ‘‘Cost of Production and
Constructed Value Calculation
Adjustments for the Post-Preliminary
Results—Mueller Comercial de Mexico,
S. de R.L. de C.V.;’’ (2) ‘‘Cost of
Production and Constructed Value
Adjustments for the Post-Preliminary
Results—Ternium Mexico, S.A. de
C.V.;’’ and (3) ‘‘Cost of Production and
Constructed Value Adjustments for the
Post-Preliminary Results—Tuberia
Nacional, S.A. de C.V.’’ These
memoranda were incorporated by
reference into the Post-Preliminary
Results Analysis Memorandum,
providing all changes made to the
programming.
In response to the Department’s
invitation to comment on the
preliminary results of this review,
parties filed multiple case and rebuttal
briefs. Respondent Mueller filed its case
brief on February 25, 2011 (Mueller case
brief). Petitioner United States Steel
Coporation (U.S. Steel) also filed its case
brief regarding TUNA on February 25,
2011 (U.S. Steel’s TUNA case brief). In
E:\FR\FM\21JNN1.SGM
21JNN1
]]>Agencies
[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Notices]
[Pages 36083-36086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15448]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof From the People's Republic
of China: Final Results and Final Rescission in Part, of Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 21, 2011.
SUMMARY: On January 14, 2011, 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 Intent to Rescind in Part, 76 FR 2648 (January 14, 2011)
(Preliminary Results). Based upon our analysis of the comments, we made
changes to the margin calculations for the final results.
FOR FURTHER INFORMATION CONTACT: Fred Baker, Scott Hoefke, or Robert
James, AD/CVD Operations, Office 7, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230;
[[Page 36084]]
telephone: (202) 482-2924, (202) 482-4947 or (202) 482-0649,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 14, 2011, the Department published the preliminary
results of administrative review of the antidumping duty order on hand
trucks and certain parts thereof from the PRC. On February 3, 2011,
Gleason Industrial Products, Inc., and Precision Products, Inc.
(petitioners) and New-Tec Integration (Xiamen) Co., Ltd. (New-Tec)
submitted additional surrogate value (SV) information. On February 14,
2011, New-Tec submitted rebuttal comments on the surrogate value
information petitioners submitted on February 3. On February 17, 2011,
petitioners submitted rebuttal comments on the surrogate value
information New-Tec submitted on February 3, 2011. On February 28,
2011, New-Tec submitted factual information to rebut, clarify, or
correct the factual information submitted by the petitioners on
February 17, 2011.
In the preliminary results, the Department invited interested
parties to submit case briefs within 30 days of publication of the
preliminary results and rebuttal briefs within five days after the due
date for filing case briefs. See Preliminary Results, 76 FR at 2654. On
January 21, 2011, the Department extended the due date for case briefs
and rebuttal briefs by one week. We received a case brief from
petitioners on February 22, 2011, and rebuttal briefs from New-Tec and
Cosco Home and Office Products, a U.S. importer, on March 1, 2011.
On February 14, 2011, petitioners also submitted comments on the
Department's preliminary intent to rescind the review with respect to
Yangjiang Shunhe Industrial Co. (Yangjiang Shunhe). Also on February
14, 2011, petitioners requested the Department hold a public hearing to
discuss the preliminary results. Petitioners withdrew their request for
a hearing on March 9, 2011. Therefore, we did not hold a hearing.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the memorandum entitled, ``Hand Trucks and
Certain Parts Thereof From the People's Republic of China: Issues and
Decision Memorandum for the Final Results of 2008-2009 Administrative
Review,'' which is dated concurrently with and adopted by this notice
(Decision Memorandum). A list of the issues which parties raised, and
to which we respond in the Decision Memorandum is attached to this
notice as an Appendix. The Decision Memorandum is a public document,
and is on file in the Central Records Unit (CRU), Main Commerce
Building, Room 7046, and is accessible on the Department's Web site at
https://www.trade.gov/ia. The paper copy and electronic version of the
memorandum are identical in content.
Period of Review
The period of review (POR) is December 31, 2008, through November
30, 2009.
Scope of the Order
The merchandise subject to this antidumping duty 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 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.
Changes Since the Preliminary Results
Based on a review of the record and comments received from parties
regarding our Preliminary Results, we have made revisions to certain
SVs and the margin calculation for New-Tec in these final results. We
made the following changes:
We used the 2009-10 financial statement of Rexello Castors
Private, Ltd., for calculating financial ratios;
We revised our calculation of brokerage and handling to
take into account the weight of the hand truck.
Separate Rates Determination
In our Preliminary Results, we determined that New-Tec met the
criteria for separate rate status. We have not received any information
since issuance of the preliminary results that provides a basis for
reconsidering this preliminary determination. Therefore, the Department
continues to find that New-Tec meets the criteria for a separate rate.
Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
this review with respect to Yangjiang Shunhe and Century Distribution
Systems, Inc. (Century Distribution) because the Department
preliminarily determined that they had no shipments of subject
merchandise to the United States during the POR. On February 14,
[[Page 36085]]
2011, petitioners submitted comments alleging that there was
substantial evidence on the record that Yangjiang Shunhe did have
shipments of subject merchandise to the United States during the POR.
We have addressed petitioners' comments in the Decision Memorandum at
Comment 9. Based on our review of the record we affirm our previous
determination that there is no record evidence that Yangjiang Shunhe
had shipments of subject merchandise to the United States during the
POR. Thus, in accordance with 19 CFR 351.213(d)(3), and consistent with
our practice, we are rescinding this review with respect to Yangjiang
Shunhe and Century Distribution.
Use of Adverse Facts Available (AFA)
In accordance with section 776(b) of the Act, we determine that the
use of AFA as the basis for the weighted-average dumping margin is
appropriate for the PRC-wide entity. As explained in the Preliminary
Results, Sunshine International Corporation (Sunshine International),
Zhejiang Yinmao Import and Export Co. (Zhejiang Yinmao), and Qingdao
Huazhan Hardware and Machinery Co., Ltd. (Qingdao Huazhan), did not
submit any information on the record regarding their separate-rate
status, and did not respond to requests for information from the
Department. As such, they have not rebutted the presumption of PRC-
government control, and do not qualify for a separate rate. Therefore,
the Department continues to find that they should be treated as part of
the PRC-wide entity.
Because we have determined that Sunshine International, Zhejiang
Yinmao, and Qingdao Huazhan are part of the PRC-wide entity, the PRC-
wide entity is under review. Pursuant to section 776(a)(2)(A) and (C)
of the Act, we find that Sunshine International, Zhejiang Yinmao, and
Qingdao Huazhan failed to respond to the Department's questionnaires,
withheld information requested by the Department, and impeded the
conduct of this review. Accordingly, the Department continues to find
that it is appropriate to base the dumping margin of the PRC-wide
entity on the facts otherwise available on the record. Further, because
the failure of Sunshine International, Zhejiang Yinmao, and Qingdao
Huazhan to provide requested information constitutes circumstances
under which it is reasonable to conclude that less than full
cooperation has been shown, pursuant to section 776(b) of the Act, the
Department has determined that, when selecting from among the facts
otherwise available, an adverse inference is warranted with respect to
the PRC-wide entity. See Preliminary Results, 76 FR at 2653.
As AFA, we have assigned 383.60 percent to the PRC-wide entity.
This rate was assigned in the less-than-fair-value investigation of
this proceeding, and is the highest rate determined for any party in
any segment of this proceeding. Furthermore, as required by section
776(c) of the Act, we corroborated this margin with respect to the PRC-
wide entity, to the extent practicable. For a detailed explanation of
how we corroborated this margin, see Preliminary Results, 76 FR at
2654.
Final Results of the Review
The Department has determined that the following margin exists for
the period December 1, 2008, through November 30, 2009:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd................. 0.00
PRC-wide Entity....................................... 383.60
------------------------------------------------------------------------
Assessment Rates
Consistent with these final results, and pursuant to section
751(a)(2)(B) of the Act and 19 CFR 351.212(b)(1), the Department will
direct CBP to assess antidumping duties on all appropriate entries. The
Department will issue appropriate assessment instructions to CBP 15
days after the date of publication of the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific 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. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review if
any importer-specific assessment rate calculated in the final results
of this review is above de minimis.
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will be
effective upon publication of the final results of this 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 Act: (1) The cash-deposit rate for each of
the reviewed companies that received a separate rate in this review
will be the rate listed in the final results of this review (except
that if the rate for a particular company is de minimis, i.e., less
than 0.5 percent, no cash deposit will be required for that company);
(2) for previously investigated companies not listed above, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period of review; (3) if the exporter is a firm not
covered in this review, a prior review, or the original less-than-fair-
value investigation, but the manufacturer is, the cash deposit rate
will be the rate established for the most recent period for the
manufacturer of the subject merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will be the PRC-wide rate of
383.60 percent. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.
Administrative Protective Order
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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: June 13, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Comment 1. Whether to Value Certain Inputs Using Purchases from
Market-Economy Suppliers.
Comment 2. Use of Godrej & Boyce Manufacturing Co., Ltd. (Godrej &
Boyce) Financial Statements.
[[Page 36086]]
Comment 3. Use of the 2009-2010 Financial Statements of Rexello
Castors Private Ltd. (Rexello).
Comment 4. 2004-2005 Financial Statements of Rexello and 2006-2007
Financial Statements of Infiniti Modules Private Ltd. (Infinite
Modules).
Comment 5. Surrogate Value for Hot-Rolled Steel.
Comment 6. Sample Sales.
Comment 7. Whether to Deduct Warranty Expenses from U.S. Price.
Comment 8. Whether to Revise the Calculation of Domestic Brokerage
and Handling Expenses.
Comment 9. Whether to Rescind the Review with Respect to Yangjiang
Shunhe Industrial Co.
[FR Doc. 2011-15448 Filed 6-20-11; 8:45 am]
BILLING CODE 3510-DS-P
