Hand Trucks and Certain Parts Thereof From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 3779-3781 [2014-01304]
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
Dated: January 16, 2014.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
of the antidumping duty order on lightwalled from Mexico with respect to
Regiopytsa.4
The Department stated in its initiation
of this review that it intended to rely on
U.S. Customs and Border Protection
(CBP) data to select respondents.5 We
released the results of our CBP data
query to interested parties and invited
them to comment on the CBP data.6 We
received no comments on the CBP data.
[FR Doc. 2014–01258 Filed 1–22–14; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Rescission of Review
Light-Walled Rectangular Pipe and
Tube From Mexico: Rescission of
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: January 23, 2014.
FOR FURTHER INFORMATION CONTACT:
Patrick Edwards or Angelica Mendoza,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–8029 or (202) 482–3019,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
sroberts on DSK5SPTVN1PROD with NOTICES
Background
On August 1, 2013, the Department of
Commerce (the Department) published
in the Federal Register a notice of
‘‘Opportunity to Request Administrative
Review’’ of the antidumping duty order
on light-walled rectangular pipe and
tube (LWR pipe and tube) from Mexico
for the period of review (POR) of August
1, 2012, through July 31, 2013.1 The
Department received timely requests
from two foreign producers,
Maquilacero S.A. de C.V. (Maquilacero)
and Regiomontana de Perfiles y Tubos
S.A. de C.V. (Regiopytsa), filed in
accordance with 19 CFR 351.213(b), for
an administrative review of their
shipments during the POR.2 On
September 13, 2013, Maquilacero
withdrew its request for the
administrative review.3 On October 2,
2013, the Department published a notice
of initiation of an administrative review
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 78 FR 46573
(August 1, 2013).
2 See Letters to the Secretary of Commerce, from
Maquilacero and Regiopytsa, titled ‘‘Request for
Administrative Review,’’ both dated August 30,
2013.
3 See Letter to the Secretary of Commerce, from
Maquilacero, titled ‘‘Withdrawal of Request for
Review,’’ dated September 13, 2013.
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19 CFR 351.213(d)(1) stipulates that
the Secretary will rescind an
administrative review under this
section, in whole or in part, if a party
that requested a review withdraws the
request within 90 days of the date of
publication of notice of initiation of the
requested review. As the only party that
requested a review (Regiopytsa)
withdrew its request within 90 days of
the date of publication of the notice of
initiation of the requested review, we
are rescinding this review of the
antidumping duty order on light-walled
from Mexico pursuant to 19 CFR
351.213(d)(1).7 In accordance with 19
CFR 356.8(a), the Department intends to
issue assessment instructions to CBP 41
days after the date of publication of this
notice of rescission of administrative
review.
This notice is published in
accordance with section 751 of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: January 15, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–01167 Filed 1–22–14; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 23, 2014.
SUMMARY: The Department of Commerce
(the Department) is currently
conducting an administrative review of
the antidumping duty order on hand
trucks and certain parts thereof (hand
trucks) from the People’s Republic of
China (PRC) covering the period of
review (POR) of December 1, 2011,
through November 30, 2012. We
preliminarily determine that sales made
by New-Tec Integration (Xiamen) Co.,
Ltd. (New-Tec) were not below normal
value (NV). In addition, we
preliminarily determine that Yangjiang
Shunhe Industrial Co., Ltd. (Shunhe)
had no shipments during the POR (see
‘‘Preliminary Determination of No
Shipments,’’ infra). We invite interested
parties to comment on these preliminary
results.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke, or Robert James, AD/CVD
Operations, Office VI, Enforcement and
Compliance, 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:
AGENCY:
Postponement of Preliminary
Determination
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 60834
(October 2, 2013); see also, Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation
in Part, 78 FR 67104 (November 8, 2013) (clarifying
that the administrative review was initiated on
Regiopytsa only as Maquilacero’s withdrawal of
review request preceded the October 2, 2013,
initation.).
5 Id.
6 See Memorandum to the File, from Edythe
Artman, Case Analyst, regarding ‘‘Entry Data
Obtained from U.S. Customs and Border
Protection,’’ dated October 17, 2013.
7 See Letter to the Secretary of Commerce, from
Regiopytsa, titled ‘‘Request to Withdraw
Administrative Review,’’ dated December 11, 2013.
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As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.1
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days. If the new deadline falls on
a non-business day, in accordance with
the Department’s practice, the deadline
will become the next business day.
Accordingly, the revised deadline for
1 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, Deadlines Affected by the Shutdown
of the Federal Government,’’ dated October 18,
2013.
E:\FR\FM\23JAN1.SGM
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3780
Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
the preliminary results of this review is
now January 16, 2014.
Scope of the Order
The merchandise subject to the
Order 2 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.3 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 and
8716.90.50.60. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written product description remains
dispositive.
Preliminary Determination of No
Shipments
sroberts on DSK5SPTVN1PROD with NOTICES
On February 26, 2013, we received a
certification of no shipments from
Shunhe. On May 1, 2013, we placed on
the record data from Customs and
Border Protection (CBP) and received
comments from Shunhe on May 8, 2013.
On June 21, 2013, we placed on the
record CBP Entry documents and
received comments from Shunhe on
June 28, 2013. On September 4, 2013,
Shunhe requested rescission of the
review with respect to Shunhe.
Based on certification from Shunhe,
our analysis of CBP information, and
information contained in Shunhe’s
request to rescind the review, we
preliminarily find that Shunhe has no
reviewable entries during the POR.
Moreover, the Department finds that
consistent with its announced
refinement to its assessment practice in
non-market economy (NME) cases, as
further discussed below, it is
appropriate not to rescind the review, in
part, in these circumstances but, rather,
to complete the review with respect to
this company and issue appropriate
instructions to CBP based on the final
results of the review.4
2 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)
(Order).
3 For a complete description of the Scope of the
Order, see the Memorandum to Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, titled ‘‘Preliminary
Decision Memorandum for the Administrative
Review of Hand Trucks and Certain Parts Thereof
from the People’s Republic of China; 2011–2012,’’
dated concurrently with and adopted by this notice
(‘‘Preliminary Decision Memorandum’’).
4 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
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21:50 Jan 22, 2014
Jkt 232001
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
772 of the Act. Because the PRC is a
non-market economy within the
meaning of section 771(18) of the Act,
normal value has been calculated in
accordance with section 773(c) of the
Act. Specifically, the respondent’s
factors of production have been valued
using Thailand prices (when available)
because the Department has
preliminarily determined that Thailand
is at the PRC’s level of economic
development and a significant producer
of comparable merchandise. For a full
discussion of the Department’s surrogate
country selection, please see the
memorandum from Scott Hoefke to the
file entitled, ‘‘Antidumping Duty
Administrative Review of Hand Trucks
and Certain Parts Thereof From the
People’s Republic of China: Selection of
a Surrogate Country’’ (Country Selection
Memorandum), dated concurrently with
the Preliminary Decision Memorandum.
In addition, for a full discussion of the
surrogate values selected, please see
memorandum entitled ‘‘Hand Trucks
and Certain Parts Thereof from the
People’s Republic of China: SurrogateValue Memorandum,’’ dated
concurrently with the Preliminary
Decision Memorandum. Additionally,
for a full discussion of the methodology
underlying our conclusions in these
preliminary results, please see the
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’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 Central Records Unit, room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://www.trade.gov/enforcement/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Preliminary Results of the Review
The Department has determined that
the following preliminary dumping
margins exist for the period December 1,
2011, through November 30, 2012:
Manufacturer/exporter
Weightedaverage
margin
(percent)
New-Tec Integration (Xiamen)
Co., Ltd. ................................
0.00
Disclosure and Public Comment
The Department intends to disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days
after the date of publication of these
preliminary results.5 Interested parties
may submit written comments no later
than 30 days after the publication of the
preliminary results. Rebuttals to written
comments may be filed no later than
five days after the written comments are
filed.6
Parties who submit case briefs or
rebuttal briefs in this proceeding are
requested to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.7
Any interested party may request a
hearing within 30 days of publication of
this notice. Hearing requests should
contain the following information: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the case
briefs. If a request for a hearing is made,
parties will be notified of the date and
time for the hearing to be held at the
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.8
The Department intends to issue the
final results of this administrative
review, including the results of our
analysis of the issues raised in any
briefs, within 120 days after the
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), the deadline for
submission of publicly available
information to value FOPs under 19
CFR 351.408(c) is 20 days after the date
of publication of these preliminary
results. In accordance with 19 CFR
351.301(c)(1), if an interested party
submits factual information less than
ten days before, on, or after (if the
Department has extended the deadline),
5 See
19 CFR 351.224(b).
19 CFR 351.309(c) and (d).
7 See 19 CFR 351.309(c)(2) and (d)(2).
8 See 19 CFR 351.310(c).
6 See
FR 65694 (October 24, 2011); see also ‘‘Assessment
Rates’’ section below.
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
the applicable deadline for submission
of such factual information, an
interested party may submit factual
information to rebut, clarify, or correct
the factual information no later than ten
days after such factual information is
served on the interested party. However,
the Department generally will not
accept in the rebuttal submission
additional or alternative surrogate value
information not previously on the
record, if the deadline for submission of
surrogate value information has passed.9
Furthermore, the Department generally
will not accept business proprietary
information in either the surrogate value
submissions or the rebuttals thereto, as
the regulation regarding the submission
of surrogate values allows only for the
submission of publicly available
information.10
sroberts on DSK5SPTVN1PROD with NOTICES
Assessment Rates
In accordance with 19 CFR
351.212(b), upon issuing the final
results of the review, the Department
shall determine, and 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. For any individually
examined respondents whose weightedaverage dumping margin is above de
minimis, we will calculate importerspecific ad valorem duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).11
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate
calculated in the final results of this
review is above de minimis. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. On October 24,
2011, the Department announced a
refinement to its assessment practice in
9 See, e.g., Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, In
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
10 See 19 CFR 351.301(c)(3).
11 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
VerDate Mar<15>2010
21:50 Jan 22, 2014
Jkt 232001
NME cases. 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 PRC-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 PRC-wide rate.12
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements, when imposed, will apply
to all shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided 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 (except, if the rate is zero or de
minimis, then zero cash deposit will be
required); (2) for any previously
reviewed or investigated PRC and nonPRC 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
This notice serves as a preliminary
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
review period. Failure to comply with
this requirement could result in the
12 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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3781
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: January 14, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Preliminary Determination of No
Shipments
4. Non-Market-Economy Country Status
5. Separate Rates Determination
6. Absence of De Jure Control
7. Absence of De Facto Control
8. Surrogate Country
9. Fair Value Comparisons
10. U.S. Price
11. Normal Value
12. Factors Valuation
13. Currency Conversion
[FR Doc. 2014–01304 Filed 1–22–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an Open Meeting.
AGENCY:
The Renewable Energy and
Energy Efficiency Advisory Committee
(RE&EEAC) will hold a meeting on
February 12, 2014. The meeting is open
to the public and the room is disabledaccessible. Public seating is limited and
available on a first-come, first-served
basis.
SUMMARY:
February 12, 2014, from 1:00
p.m. to 5:00 p.m. Eastern Standard Time
(EST). Members of the public wishing to
attend the meeting must notify Ryan
Mulholland at the contact information
below by 5:00 p.m. EST on Wednesday,
February 5, in order to pre-register for
clearance into the building. Please
specify any requests for reasonable
accommodation at least five business
days in advance of the meeting. Last
minute requests will be accepted, but
may be impossible to fill.
ADDRESSES: The meeting will be held at
the U.S. Department of Commerce,
DATES:
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]]>Agencies
[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3779-3781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01304]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof From the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: January 23, 2014.
SUMMARY: The Department of Commerce (the Department) is currently
conducting an administrative review of the antidumping duty order on
hand trucks and certain parts thereof (hand trucks) from the People's
Republic of China (PRC) covering the period of review (POR) of December
1, 2011, through November 30, 2012. We preliminarily determine that
sales made by New-Tec Integration (Xiamen) Co., Ltd. (New-Tec) were not
below normal value (NV). In addition, we preliminarily determine that
Yangjiang Shunhe Industrial Co., Ltd. (Shunhe) had no shipments during
the POR (see ``Preliminary Determination of No Shipments,'' infra). We
invite interested parties to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke, or Robert James, AD/CVD
Operations, Office VI, Enforcement and Compliance, 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:
Postponement of Preliminary Determination
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\1\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. Accordingly, the revised deadline for
[[Page 3780]]
the preliminary results of this review is now January 16, 2014.
---------------------------------------------------------------------------
\1\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, Deadlines Affected by the
Shutdown of the Federal Government,'' dated October 18, 2013.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order \2\ 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.\3\ 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 and 8716.90.50.60. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written product description remains dispositive.
---------------------------------------------------------------------------
\2\ 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) (Order).
\3\ For a complete description of the Scope of the Order, see
the Memorandum to Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, titled ``Preliminary
Decision Memorandum for the Administrative Review of Hand Trucks and
Certain Parts Thereof from the People's Republic of China; 2011-
2012,'' dated concurrently with and adopted by this notice
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
On February 26, 2013, we received a certification of no shipments
from Shunhe. On May 1, 2013, we placed on the record data from Customs
and Border Protection (CBP) and received comments from Shunhe on May 8,
2013. On June 21, 2013, we placed on the record CBP Entry documents and
received comments from Shunhe on June 28, 2013. On September 4, 2013,
Shunhe requested rescission of the review with respect to Shunhe.
Based on certification from Shunhe, our analysis of CBP
information, and information contained in Shunhe's request to rescind
the review, we preliminarily find that Shunhe has no reviewable entries
during the POR. Moreover, the Department finds that consistent with its
announced refinement to its assessment practice in non-market economy
(NME) cases, as further discussed below, it is appropriate not to
rescind the review, in part, in these circumstances but, rather, to
complete the review with respect to this company and issue appropriate
instructions to CBP based on the final results of the review.\4\
---------------------------------------------------------------------------
\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
``Assessment Rates'' section below.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
price is calculated in accordance with section 772 of the Act. Because
the PRC is a non-market economy within the meaning of section 771(18)
of the Act, normal value has been calculated in accordance with section
773(c) of the Act. Specifically, the respondent's factors of production
have been valued using Thailand prices (when available) because the
Department has preliminarily determined that Thailand is at the PRC's
level of economic development and a significant producer of comparable
merchandise. For a full discussion of the Department's surrogate
country selection, please see the memorandum from Scott Hoefke to the
file entitled, ``Antidumping Duty Administrative Review of Hand Trucks
and Certain Parts Thereof From the People's Republic of China:
Selection of a Surrogate Country'' (Country Selection Memorandum),
dated concurrently with the Preliminary Decision Memorandum. In
addition, for a full discussion of the surrogate values selected,
please see memorandum entitled ``Hand Trucks and Certain Parts Thereof
from the People's Republic of China: Surrogate-Value Memorandum,''
dated concurrently with the Preliminary Decision Memorandum.
Additionally, for a full discussion of the methodology underlying our
conclusions in these preliminary results, please see the Preliminary
Decision Memorandum. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance'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 Central Records Unit, room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://www.trade.gov/enforcement/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
Preliminary Results of the Review
The Department has determined that the following preliminary
dumping margins exist for the period December 1, 2011, through November
30, 2012:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd..................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to parties to this proceeding
the calculations performed in reaching the preliminary results within
five days after the date of publication of these preliminary
results.\5\ Interested parties may submit written comments no later
than 30 days after the publication of the preliminary results.
Rebuttals to written comments may be filed no later than five days
after the written comments are filed.\6\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c) and (d).
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Parties who submit case briefs or rebuttal briefs in this
proceeding are requested to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\7\
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\7\ See 19 CFR 351.309(c)(2) and (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice. Hearing requests should contain the
following information: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the case briefs. If a request for a hearing is made, parties will be
notified of the date and time for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\8\
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\8\ See 19 CFR 351.310(c).
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The Department intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised in any briefs, within 120 days after the publication of
these preliminary results, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value FOPs under 19 CFR
351.408(c) is 20 days after the date of publication of these
preliminary results. In accordance with 19 CFR 351.301(c)(1), if an
interested party submits factual information less than ten days before,
on, or after (if the Department has extended the deadline),
[[Page 3781]]
the applicable deadline for submission of such factual information, an
interested party may submit factual information to rebut, clarify, or
correct the factual information no later than ten days after such
factual information is served on the interested party. However, the
Department generally will not accept in the rebuttal submission
additional or alternative surrogate value information not previously on
the record, if the deadline for submission of surrogate value
information has passed.\9\ Furthermore, the Department generally will
not accept business proprietary information in either the surrogate
value submissions or the rebuttals thereto, as the regulation regarding
the submission of surrogate values allows only for the submission of
publicly available information.\10\
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\9\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, In Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\10\ See 19 CFR 351.301(c)(3).
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Assessment Rates
In accordance with 19 CFR 351.212(b), upon issuing the final
results of the review, the Department shall determine, and 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. For any individually
examined respondents whose weighted-average dumping margin is above de
minimis, we will calculate importer-specific ad valorem duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\11\
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\11\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. On October
24, 2011, the Department announced a refinement to its assessment
practice in NME cases. 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 PRC-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 PRC-wide rate.\12\
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\12\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided 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 (except, if the rate is zero or de minimis, then zero cash
deposit will be required); (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 preliminary 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 review period. 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: January 14, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Preliminary Determination of No Shipments
4. Non-Market-Economy Country Status
5. Separate Rates Determination
6. Absence of De Jure Control
7. Absence of De Facto Control
8. Surrogate Country
9. Fair Value Comparisons
10. U.S. Price
11. Normal Value
12. Factors Valuation
13. Currency Conversion
[FR Doc. 2014-01304 Filed 1-22-14; 8:45 am]
BILLING CODE 3510-DS-P
