Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 41744-41745 [2012-17311]
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Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Notices
States to any destination other than
Canada. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Sixth, that this Order does not
prohibit HR from exporting items from
the United States under a previously
approved U.S. Department of Commerce
export license that is valid as of the date
of this Order. Any exports made under
this provision shall be subject to all
terms, conditions and expiration dates
contained in the underlying export
license.
Seventh, that this Order does not
prohibit freight forwarders, carriers,
consignees or end users from
participating in export transactions
authorized by a previously approved
U.S. Department of Commerce export
license issued to HR that is valid as of
the date of this Order. Any actions taken
under this provision shall be subject to
all terms and conditions of the
underlying export license.
Eighth, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to the Denied
Person by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of the Order.
Ninth, that the Proposed Charging
Letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Tenth, that this Order shall be served
on HR, and shall be published in the
Federal Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Issued this 9th day of July, 2012.
David W. Mills,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2012–17236 Filed 7–13–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
srobinson on DSK4SPTVN1PROD with NOTICES
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective Date: July 16, 2012.
VerDate Mar<15>2010
16:32 Jul 13, 2012
Jkt 226001
On January 10, 2012, 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).1
Based upon our analysis of the
comments, we made changes to the
margin calculations for the final results.
FOR FURTHER INFORMATION CONTACT:
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;
telephone: (202) 482–4947 or (202) 482–
0649, respectively.
SUMMARY:
SUPPLEMENTARY INFORMATION
Background
On January 10, 2012, 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, 2012, Gleason Industrial
Products, Inc., and Precision Products,
Inc. (petitioners) submitted additional
surrogate value (SV) information. On
February 28, 2012, New-Tec submitted
factual information to rebut, clarify, or
correct the factual information
submitted by the petitioners on
February 17, 2012.
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 at 1469. We
received a case brief from petitioners
and a joint case brief from two
interested parties, Welcom Products,
Inc. (Welcom) and Yangjiang Shunhe
Industrial Co., Ltd. (Shunhe) on
February 22, 2012, and rebuttal briefs
from New-Tec and Cosco Home and
Office Products, a U.S. importer, on
March 1, 2012.
On February 8, 2012, petitioners
requested the Department hold a public
hearing to discuss the preliminary
results. The Department held a public
hearing on March 28, 2012.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the memorandum
1 See Hand Trucks and Certain Parts Thereof
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review, 77 FR 1464 (January 10, 2012) (Preliminary
Results).
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Fmt 4703
Sfmt 4703
entitled, ‘‘Issues and Decision
Memorandum for the Final Results in
the Administrative Review of Hand
Trucks and Certain Parts Thereof from
the People’s Republic of China,’’ 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, 2009, through November
30, 2010.
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
E:\FR\FM\16JYN1.SGM
16JYN1
Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Notices
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
statements of Office Thai Online Co.,
Ltd., and Jenbunjerd Co. Ltd. for
calculating financial ratios; and
• We revised the surrogate values for
hot rolled steel coil, cold-rolled steel,
polypropylene resin, slide bar, and
primary aluminum ingots. See Decision
Memorandum.
srobinson on DSK4SPTVN1PROD with NOTICES
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
VerDate Mar<15>2010
16:32 Jul 13, 2012
Jkt 226001
New-Tec meets the criteria for a
separate rate.
Final Results of the Review
The Department has determined that
the following margin exists for the
period December 1, 2009, through
November 30, 2010:
Weighted-average margin
(percent)
Exporter
New-Tec Integration
(Xiamen) Co., Ltd. .............
41.49
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 importerspecific per unit 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 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
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Fmt 4703
Sfmt 9990
41745
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: July 9, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
Comment 1: Whether to Value Certain Inputs
Using Purchases from Market-Economy
Suppliers
Comment 2: Selection of Surrogate Financial
Statements
Comment 3: Rejecting Certain Separate Rate
Applications
[FR Doc. 2012–17311 Filed 7–13–12; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\16JYN1.SGM
16JYN1
]]>Agencies
[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Notices]
[Pages 41744-41745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17311]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 16, 2012.
SUMMARY: On January 10, 2012, 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).\1\
Based upon our analysis of the comments, we made changes to the margin
calculations for the final results.
---------------------------------------------------------------------------
\1\ See Hand Trucks and Certain Parts Thereof from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 77 FR 1464 (January 10, 2012) (Preliminary
Results).
FOR FURTHER INFORMATION CONTACT: 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; telephone: (202) 482-4947
---------------------------------------------------------------------------
or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION
Background
On January 10, 2012, 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, 2012,
Gleason Industrial Products, Inc., and Precision Products, Inc.
(petitioners) submitted additional surrogate value (SV) information. On
February 28, 2012, New-Tec submitted factual information to rebut,
clarify, or correct the factual information submitted by the
petitioners on February 17, 2012.
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 at 1469. We
received a case brief from petitioners and a joint case brief from two
interested parties, Welcom Products, Inc. (Welcom) and Yangjiang Shunhe
Industrial Co., Ltd. (Shunhe) on February 22, 2012, and rebuttal briefs
from New-Tec and Cosco Home and Office Products, a U.S. importer, on
March 1, 2012.
On February 8, 2012, petitioners requested the Department hold a
public hearing to discuss the preliminary results. The Department held
a public hearing on March 28, 2012.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the memorandum entitled, ``Issues and
Decision Memorandum for the Final Results in the Administrative Review
of Hand Trucks and Certain Parts Thereof from the People's Republic of
China,'' 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, 2009, through November
30, 2010.
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
[[Page 41745]]
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 statements of Office Thai
Online Co., Ltd., and Jenbunjerd Co. Ltd. for calculating financial
ratios; and
We revised the surrogate values for hot rolled steel coil,
cold-rolled steel, polypropylene resin, slide bar, and primary aluminum
ingots. See Decision Memorandum.
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 Results of the Review
The Department has determined that the following margin exists for
the period December 1, 2009, through November 30, 2010:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd................... 41.49
------------------------------------------------------------------------
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 per
unit 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: July 9, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
Comment 1: Whether to Value Certain Inputs Using Purchases from
Market-Economy Suppliers
Comment 2: Selection of Surrogate Financial Statements
Comment 3: Rejecting Certain Separate Rate Applications
[FR Doc. 2012-17311 Filed 7-13-12; 8:45 am]
BILLING CODE 3510-DS-P
