Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 28801-28803 [2013-11683]
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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–6–2013]
Foreign-Trade Zone 22—Chicago,
Illinois; Authorization of Production
Activity Panasonic Corporation of
North America (Kitting of Consumer
Electronics) Aurora, Illinois
On January 11, 2013, the Illinois
International Port District, grantee of
FTZ 22, submitted a notification of
proposed production activity to the
Foreign-Trade Zones (FTZ) Board on
behalf of Panasonic Corporation of
North America, within Site 28, in
Aurora, Illinois.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (78 FR 5773, 1–28–
2013). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the Board’s regulations, including
Section 400.14.
1. Any foreign steel mill product admitted
to the subzone, including plate, angles,
shapes, channels, rolled steel stock, bars,
pipes and tubes, not incorporated into
merchandise otherwise classified, and which
is used in manufacturing, shall be subject to
customs duties in accordance with applicable
law, unless the Executive Secretary
determines that the same item is not then
being produced by a domestic steel mill.
2. Signal International Texas GP, LLC, shall
meet its obligation under 15 CFR 400.13(b)
by annually advising the Board’s Executive
Secretary as to significant new contracts with
appropriate information concerning foreign
purchases otherwise dutiable, so that the
Board may consider whether any foreign
dutiable items are being imported for
manufacturing in the subzone primarily
because of FTZ procedures and whether the
Board should consider requiring customs
duties to be paid on such items.
Review’’ section of this notice. In
addition, we are rescinding this review
with respect to WelCom Products, Inc.
(WelCom), Yangjiang Shunhe Industrial
Co., Ltd. and Yangjiang Shunhe
Industrial & Trade Co., Ltd.
(collectively, Shunhe), and Yuhuan
Tongsheng Industry Company
(Tongsheng) at this time (see ‘‘Final
Partial Rescission,’’ infra).
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:
Dated: May 10, 2013.
Andrew McGilvray,
Executive Secretary.
Comments From Interested Parties
In accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.
On January 29, 2013, Gleason Industrial
Products, Inc., and Precision Products,
Inc. (collectively, petitioners) submitted
surrogate value (SV) comments.3 On
February 8, 2013, petitioners submitted
SV rebuttal comments. On February 8,
2013, petitioners and Cosco submitted
case briefs. On February 19, 2013, the
Department rejected Petitioners’
February 8, 2013, case brief, because it
contained bracketing errors and certain
untimely filed new information.
Petitioners submitted a revised case
brief on February 21, 2013.4 On
February 13, 2013, petitioners, New-Tec
Integration (Xiamen) Co., Ltd. (NewTec), and Cosco submitted rebuttal
briefs.
[FR Doc. 2013–11686 Filed 5–15–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Dated: May 13, 2013.
Elizabeth Whiteman,
Acting Executive Secretary.
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2010–2011
[FR Doc. 2013–11679 Filed 5–15–13; 8:45 am]
BILLING CODE 3510–DS–P
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 16, 2013.
SUMMARY: On January 9, 2013, the
Department of Commerce (the
Department) published in the Federal
Register its preliminary results of the
administrative review of the
antidumping duty order 1 on hand
trucks and certain parts thereof (hand
trucks) from the People’s Republic of
China (PRC).2 The period of review
(POR) is December 1, 2010, through
November 30, 2011. We gave interested
parties an opportunity to comment on
the Preliminary Results. Based upon our
analysis of the comments and
information received, we made changes
to the margin calculations for these final
results. The final dumping margins are
listed below in the ‘‘Final Results of the
AGENCY:
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–2–2013]
tkelley on DSK3SPTVN1PROD with NOTICES
Foreign-Trade Zone 117—Orange, TX,
Authorization of Production Activity,
Signal International Texas GP, LLC
(Shipbuilding), Orange, TX
On January 10, 2013, the Foreign
Trade Zone of Southeast Texas, Inc.,
grantee of FTZ 117, submitted a
notification of proposed production
activity to the Foreign-Trade Zones
(FTZ) Board on behalf of Signal
International Texas GP, LLC, in Orange,
Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (78 FR 4383, 1–22–
2013). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the Board’s regulations, including
Section 400.14, and the following
special conditions:
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18:13 May 15, 2013
Jkt 229001
28801
1 See Notice of Antidumping Duty Order: Hand
Trucks and Certain Parts Thereof From the People’s
Republic of China, 69 FR 70122 (December 2, 2004).
2 See Hand Trucks and Certain Parts Thereof
From the People’s Republic of China: Preliminary
Results of the 2010–2011 Antidumping Duty
Administrative Review, 78 FR 1835 (January 9,
2013) (Preliminary Results), and accompanying
Decision Memorandum (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise subject to the 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. 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
3 Cosco Home and Office Products (Cosco)
submitted SV comments on January 29, 2013,
which were subsequently rejected by the
Department on February 7, 2013 because they were
found to be not factual information nor new
information. See Department’s letter to Cosco
(February 7, 2013).
4 See New-Tec’s letter, Re: Hand Trucks from
China; Request to Reject New Factual Information
Contained in Petitioners’ Case Brief (February 13,
2013); see also Department’s letter to Petitioners
(February 19, 2013).
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28802
Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Notices
heading 8716.80.50.90 and
8716.90.50.60. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written product description remains
dispositive.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the accompanying Final Issues and
Decision Memorandum.6 A list of the
issues which parties raised is attached
to this notice as Appendix I. The Final
Issues and Decision Memorandum is a
public document and is on file in the
Central Records Unit (CRU), Room 7046
of the main Department of Commerce
building, as well as electronically via
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the CRU. In addition, a complete
version of the Final Issues and Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
ia/. The signed I&D Memo and
electronic versions of the Final Issues
and Decision Memorandum are
identical in content.
Final Partial Rescission
In the Preliminary Results, the
Department preliminarily rescinded the
review with respect to WelCom,
Shunhe, and Tongsheng. Subsequent to
the Preliminary Results, the Department
did not receive any comments or
information which indicated that these
companies should be reviewed.
Therefore, pursuant to 19 CFR 351.213
(d)(1) and 19 CFR 351.213 (d)(3), we are
rescinding the administrative review
with respect to these three companies.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain revisions to
the margin calculations for New-Tec.7
Separate Rates Determination
tkelley on DSK3SPTVN1PROD with NOTICES
In our Preliminary Results, we
determined that New-Tec met the
5 See Memorandum to Paul Piquado, ‘‘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’’
(May 9, 2013) (Final Issues and Decision
Memorandum), dated concurrent with and adopted
by this notice, for a complete description of the
Scope of the Order.
6 See id.
7 See Memorandum to the File, ‘‘Analysis for the
Final Results of Hand Trucks and Certain Parts
Thereof from the People’s Republic of China: NewTec’’ (May 9, 2013).
VerDate Mar<15>2010
18:13 May 15, 2013
Jkt 229001
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 final dumping margins
exist for the period December 1, 2010,
through November 30, 2011:
Manufacturer/exporter
Weightedaverage
margin
(percent)
New-Tec Integration (Xiamen)
Co., Ltd. ..................................
9.21
PRC exporter not listed above that
received a separate rate in a previous
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity (i.e., 383.60 percent); and (4)
for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied the non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
Assessment
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. The Department recently
announced a refinement to its
assessment practice in non-market
economy (NME) cases.8 Pursuant to this
refinement in practice, for entries that
were not reported in the U.S. sales
databases submitted by companies
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the
NME-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
NME-wide rate.9
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication,
as provided for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rate for
New-Tec, which has a separate rate, will
be that established in the final results of
this review; (2) for any previously
reviewed or investigated PRC and non-
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the POR. Failure to comply with
this requirement could result in the
Department’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 order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), 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.
Disclosure
The Department will disclose the
calculations performed within five days
of the date of publication of this notice
to parties in this proceeding in
accordance with 19 CFR 351.224(b). We
are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.213.
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
9 See id.
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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Notices
Dated: May 9, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
SUPPLEMENTARY INFORMATION:
Appendix I
List of Comments Discussed in the
Accompanying Final Issues and Decision
Memorandum
Comment 1: Whether to Value Certain Inputs
Using Purchases from Market-Economy
Suppliers
Comment 2: Surrogate Country
Comment 3: Exclusion of Imports from FOP
Calculations
Comment 4: Whether to use Thai Trolley’s
Financial Statement
Comment 5: Use of Jenbunjerd’s Financial
Statement
Comment 6: Wheels
Comment 7: Sodium Gluconate
[FR Doc. 2013–11683 Filed 5–15–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–918]
Steel Wire Garment Hangers From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published the
preliminary results of the third
administrative review of the
antidumping duty order on steel wire
garment hangers from the People’s
Republic of China (‘‘PRC’’) on
November 8, 2012.1 We gave interested
parties an opportunity to comment on
the Preliminary Results. Based upon our
analysis of the comments and
information received, we made no
changes to the margin calculations for
these final results. The final dumping
margins are listed below in the ‘‘Final
Results of the Administrative Review’’
section of this notice. The period of
review (‘‘POR’’) is October 1, 2010,
through September 30, 2011.
DATES: Effective Date: May 16, 2013.
FOR FURTHER INFORMATION CONTACT:
Alan Ray, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone (202)–482–5403.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
1 See Steel Wire Garment Hangers from the
People’s Republic of China: Antidumping Duty
Administrative Review, 2010–2011, 77 FR 66952
(November 8, 2012) (‘‘Preliminary Results’’), and
accompanying Decision Memorandum.
VerDate Mar<15>2010
18:13 May 15, 2013
Jkt 229001
Background
The Department published the
Preliminary Results on November 8,
2012.2 Between December 5, 2012 and
December 17, 2012, interested parties
submitted surrogate value data for
consideration in the final results. On
January 4, 2013, M&B Metal Products
Inc. (‘‘Petitioner’’), submitted a case
brief.3 On January 9, 2013, Fabriclean
Supply Inc. (‘‘Fabriclean’’), a U.S.
importer and wholesaler, submitted a
rebuttal brief.4 On January 14, 2013, the
Department extended the final results to
May 7, 2013.5
Scope of the Order
The merchandise that is subject to the
order is steel wire garment hangers. The
products subject to the order are
currently classified under U.S.
Harmonized Tariff Schedule (‘‘HTSUS’’)
subheadings 7326.20.0020,
7323.99.9060, and 7323.99.9080.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise as set forth in the order
remains dispositive.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by interested parties in
this review are addressed in the Issues
and Decision Memorandum.7 A list of
the issues which parties raised is
attached to this notice as an Appendix.
The Issues and Decision Memorandum
is a public document and is on file in
the Central Records Unit (‘‘CRU’’), room
7046 of the main Department of
Commerce building, as well as
2 See
id.
Letter from Petitioner, Third Administrative
Review of Steel Wire Garment Hangers from
China—Petitioner’s Case Brief, dated January 4,
2013.
4 See Letter from Fabriclean, Steel Wire Garment
Hangers from China: Rebuttal Brief, dated January
9, 2013.
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James
Doyle, Office Director, from Kabir Archuletta, Case
Analyst, ‘‘Steel Wire Garment Hangers from the
People’s Republic of China: Extension of Deadline
for Final Results of Antidumping Duty
Administrative Review,’’ dated January 14, 2013.
6 See Notice of Antidumping Duty Order: Steel
Wire Garment Hangers from the People’s Republic
of China, 73 FR 58111 (October 6, 2008).
7 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration,
titled ‘‘Steel Wire Garment Hangers from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Results of the Third
Administrative Review,’’ dated concurrently with
this notice (‘‘Issues and Decision Memorandum’’)
and hereby adopted by this notice.
3 See
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28803
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the CRU. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
There have been no changes since
Preliminary Results.
Non-Market Economy Country
The PRC has been treated as a nonmarket economy (‘‘NME’’) in every
proceeding conducted by the
Department. In accordance with section
771(18)(C)(i) of the Tariff Act of 1930, as
amended (‘‘the Act’’), any determination
that a foreign country is an NME shall
remain in effect until revoked by the
administering authority. The
Department has not revoked the PRC’s
status as an NME and, accordingly,
applied the NME methodology.
Separate Rates
In the Preliminary Results, the
Department determined that the
companies that constitute the Shanghai
Wells Group 8 were affiliated, would be
treated as a single entity, and met the
criteria for separate rate status.9 At that
time, the Department also determined
that the following companies failed to
demonstrate their eligibility for a
separate rate: Shangyu Baoxiang Metal
Manufactured Co., Ltd. (‘‘Shangyu
Baoxiang’’); Zhejiang Lucky Cloud
Hanger Co., Ltd. (‘‘Lucky Hanger’’);
Shaoxing Zhongbao Metal
Manufactured Co., Ltd. (‘‘Shaoxing
8 The Department previously found that Shanghai
Wells Hanger Co., Ltd. (‘‘Shanghai Wells’’), Hong
Kong Wells Ltd. (‘‘HK Wells’’) and Hong Kong
Wells Ltd. (USA) (‘‘Wells USA’’) are affiliated and
that Shanghai Wells and HK Wells comprise a
single entity (collectively, ‘‘Shanghai Wells
Group’’). Because there were no changes in this
review, we continue to find Shanghai Wells, HK
Wells, and USA Wells are affiliated and that
Shanghai Wells and HK Wells comprise a single
entity. See Steel Wire Garment Hangers From the
People’s Republic of China: Preliminary Results and
Preliminary Rescission, in Part, of the First
Antidumping Duty Administrative Review, 75 FR
68758, 68761 (November 9, 2010), unchanged in
First Administrative Review of Steel Wire Garment
Hangers From the People’s Republic of China: Final
Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 76 FR
27994, 27996 (May 13, 2011).
9 See Decision Memorandum at ‘‘Separate Rate
Recipients’’.
E:\FR\FM\16MYN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28801-28803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11683]
-----------------------------------------------------------------------
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;
2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 16, 2013.
SUMMARY: On January 9, 2013, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
of the administrative review of the antidumping duty order \1\ on hand
trucks and certain parts thereof (hand trucks) from the People's
Republic of China (PRC).\2\ The period of review (POR) is December 1,
2010, through November 30, 2011. We gave interested parties an
opportunity to comment on the Preliminary Results. Based upon our
analysis of the comments and information received, we made changes to
the margin calculations for these final results. The final dumping
margins are listed below in the ``Final Results of the Review'' section
of this notice. In addition, we are rescinding this review with respect
to WelCom Products, Inc. (WelCom), Yangjiang Shunhe Industrial Co.,
Ltd. and Yangjiang Shunhe Industrial & Trade Co., Ltd. (collectively,
Shunhe), and Yuhuan Tongsheng Industry Company (Tongsheng) at this time
(see ``Final Partial Rescission,'' infra).
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Hand Trucks and
Certain Parts Thereof From the People's Republic of China, 69 FR
70122 (December 2, 2004).
\2\ See Hand Trucks and Certain Parts Thereof From the People's
Republic of China: Preliminary Results of the 2010-2011 Antidumping
Duty Administrative Review, 78 FR 1835 (January 9, 2013)
(Preliminary Results), and accompanying Decision Memorandum
(Preliminary Decision Memorandum).
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:
Comments From Interested Parties
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results. On January 29, 2013, Gleason
Industrial Products, Inc., and Precision Products, Inc. (collectively,
petitioners) submitted surrogate value (SV) comments.\3\ On February 8,
2013, petitioners submitted SV rebuttal comments. On February 8, 2013,
petitioners and Cosco submitted case briefs. On February 19, 2013, the
Department rejected Petitioners' February 8, 2013, case brief, because
it contained bracketing errors and certain untimely filed new
information. Petitioners submitted a revised case brief on February 21,
2013.\4\ On February 13, 2013, petitioners, New-Tec Integration
(Xiamen) Co., Ltd. (New-Tec), and Cosco submitted rebuttal briefs.
---------------------------------------------------------------------------
\3\ Cosco Home and Office Products (Cosco) submitted SV comments
on January 29, 2013, which were subsequently rejected by the
Department on February 7, 2013 because they were found to be not
factual information nor new information. See Department's letter to
Cosco (February 7, 2013).
\4\ See New-Tec's letter, Re: Hand Trucks from China; Request to
Reject New Factual Information Contained in Petitioners' Case Brief
(February 13, 2013); see also Department's letter to Petitioners
(February 19, 2013).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the 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. 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
[[Page 28802]]
heading 8716.80.50.90 and 8716.90.50.60. Although the HTSUS subheadings
are provided for convenience and customs purposes, the written product
description remains dispositive.\5\
---------------------------------------------------------------------------
\5\ See Memorandum to Paul Piquado, ``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'' (May 9, 2013) (Final Issues and Decision Memorandum), dated
concurrent with and adopted by this notice, for a complete
description of the Scope of the Order.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the accompanying Final Issues and Decision Memorandum.\6\
A list of the issues which parties raised is attached to this notice as
Appendix I. The Final Issues and Decision Memorandum is a public
document and is on file in the Central Records Unit (CRU), Room 7046 of
the main Department of Commerce building, as well as electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and in the CRU. In
addition, a complete version of the Final Issues and Decision
Memorandum can be accessed directly on the internet at https://www.trade.gov/ia/. The signed I&D Memo and electronic versions of the
Final Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\6\ See id.
---------------------------------------------------------------------------
Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
the review with respect to WelCom, Shunhe, and Tongsheng. Subsequent to
the Preliminary Results, the Department did not receive any comments or
information which indicated that these companies should be reviewed.
Therefore, pursuant to 19 CFR 351.213 (d)(1) and 19 CFR 351.213 (d)(3),
we are rescinding the administrative review with respect to these three
companies.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for New-Tec.\7\
---------------------------------------------------------------------------
\7\ See Memorandum to the File, ``Analysis for the Final Results
of Hand Trucks and Certain Parts Thereof from the People's Republic
of China: New-Tec'' (May 9, 2013).
---------------------------------------------------------------------------
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 final dumping
margins exist for the period December 1, 2010, through November 30,
2011:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd...................... 9.21
------------------------------------------------------------------------
Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. The Department recently
announced a refinement to its assessment practice in non-market economy
(NME) cases.\8\ Pursuant to this refinement in practice, for entries
that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the NME-wide rate.\9\
---------------------------------------------------------------------------
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\9\ See id.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for New-Tec, which
has a separate rate, will be that established in the final results of
this review; (2) for any previously reviewed or investigated PRC and
non-PRC exporter not listed above that received a separate rate in a
previous segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific rate; (3) for all PRC
exporters that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity (i.e.,
383.60 percent); and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter that supplied the
non-PRC exporter. 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) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in the Department'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 order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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.
Disclosure
The Department will disclose the calculations performed within five
days of the date of publication of this notice to parties in this
proceeding in accordance with 19 CFR 351.224(b). We are issuing and
publishing this administrative review and notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
[[Page 28803]]
Dated: May 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Comments Discussed in the Accompanying Final Issues and
Decision Memorandum
Comment 1: Whether to Value Certain Inputs Using Purchases from
Market-Economy Suppliers
Comment 2: Surrogate Country
Comment 3: Exclusion of Imports from FOP Calculations
Comment 4: Whether to use Thai Trolley's Financial Statement
Comment 5: Use of Jenbunjerd's Financial Statement
Comment 6: Wheels
Comment 7: Sodium Gluconate
[FR Doc. 2013-11683 Filed 5-15-13; 8:45 am]
BILLING CODE 3510-DS-P
