Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 41744-41745 [2012-17311]

Download as PDF 41744 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). PO 00000 Frm 00004 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 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, 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 PO 00000 Frm 00005 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 
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, 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