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]

Download as PDF 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, VerDate Mar<15>2010 15:25 Jun 20, 2011 Jkt 223001 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 PO 00000 Frm 00006 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 21JNN1 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 VerDate Mar<15>2010 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 http://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, PO 00000 Frm 00007 Fmt 4703 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, E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Notices 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 VerDate Mar<15>2010 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 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1 36086 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: VerDate Mar<15>2010 15:25 Jun 20, 2011 Jkt 223001 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 PO 00000 Frm 00009 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 
http://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