Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 44008-44010 [2014-17872]
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44008
Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Notices
indisputably affiliated, as shown by the
JBF Group Web site.17 Domestic
Producers further argue that it is ‘‘clear
that JBF Bahrain is merely taking PET
resins produced by its affiliates and
performing the same operations using
these resins that the affiliate was doing
in the UAE.’’ 18
rmajette on DSK2TPTVN1PROD with NOTICES
(3) Increase of Subject Imports From
UAE to Bahrain After Investigation
Initiation
While unable to access
comprehensive import data of the PET
Film inputs, bright and silica resin
chips, into Bahrain for the period
between initiation of the investigation
until the present, Domestic Producers
believe there were no such imports
entered previously, as there were no
production facilities producing PET film
in Bahrain at this time.19 Domestic
Producers presented evidence of
shipments of silica resin chips from JBF
India to JBF Bahrain which coincide
with the start-up of the JBF Bahrain PET
Film plant, and that JBF Bahrain is
sourcing PET resin from JBF RAK.20
Analysis of the Request
Based on our analysis of Petitioner’s
anti-circumvention inquiry request, the
Department determines that Domestic
Producers satisfied the criteria under
section 781(b)(1) of the Act to warrant
an initiation of an anti-circumvention
inquiry. In accordance with 19 CFR
351.225(e), the Department finds that
the issue of whether a product is
included within the scope of an order
cannot be determined based solely upon
the application and the descriptions of
the merchandise. Accordingly, the
Department will notify by mail all
parties on the Department’s scope
service list of the initiation of an anticircumvention inquiry. In addition, in
accordance with 19 CFR 351.225(f)(1)(i)
and (ii), a notice of the initiation of an
anti-circumvention inquiry issued
under 19 CFR 351.225(e) includes a
description of the product that is the
subject of the anti-circumvention
inquiry, PET Film that contains the
characteristics as provided in the scope
of the Order, and an explanation of the
reasons for the Department’s decision to
initiate an anti-circumvention inquiry,
as provided below.
With regard to whether the
merchandise from the Bahrain is of the
same class or kind as the merchandise
produced in the UAE, Domestic
Producers presented information to the
17 Id.,
at 13 and Exhibit 2.
18 Id., at 13.
19 Id., at 14, Exhibit 3.
20 Id., at 14, Exhibit 4.
VerDate Mar<15>2010
15:02 Jul 28, 2014
Department indicating that, pursuant to
section 781(b)(1)(A) of the Act, the
merchandise being produced in and/or
exported from Bahrain by JBF Bahrain
may be of the same class or kind as PET
Film produced in the UAE, which is
subject to the Order.21 Consequently,
the Department finds that Domestic
Producers provided sufficient
information in its request regarding the
class or kind of merchandise to support
the initiation of an anti-circumvention
inquiry.
With regard to completion or
assembly of merchandise in a foreign
country, pursuant to section 781(b)(1)(B)
of the Act, Domestic Producers also
presented information to the
Department indicating that the PET
Film exported from Bahrain to the
United States are produced by JBF
Bahrain in Bahrain using key
components from the UAE that account
for a significant portion of the total costs
related to the production of PET Film.
We find that the information presented
by Domestic Producers regarding this
criterion supports its request to initiate
an anti-circumvention inquiry.
The Department finds that Domestic
Producers sufficiently addressed the
factors described in section 781(b)(1)(C)
and 781(b)(2) of the Act regarding
whether the assembly or completion of
PET Film in Bahrain is minor or
insignificant. In particular, Domestic
Producers’ submission asserts that: (1)
The level of investment is minimal
when compared with the volume of film
that can be produced; (2) there is no
evidence of research and development
taking place in Bahrain; (3) the
production processes undertaken by JBF
Bahrain involve the simple processing
of resins in countries subject to the
Order; (4) the investment in JBF
Bahrain’s processing operations is not
significant in the context of production
capacity; and (5) the value of the
processing performed in Bahrain is
minimal, as the production of PET resin
outside Bahrain accounts for over 70
percent of the value of finished PET
Film.22
With respect to the value of the
merchandise produced in the UAE,
pursuant to section 781(b)(1)(D) of the
Act, Domestic Producers relied on
published sources, a simulated cost
structure for producing PET Film in
Bahrain, and arguments in the ‘‘minor
or insignificant process’’ portion of its
anti-circumvention request to indicate
that the value of the key components
produced in the UAE may be significant
relative to the total value of the PET
21 Id.,
22 See
Jkt 232001
PO 00000
at 5 and Exhibit 10.
discussion of these five factors above.
Frm 00009
Fmt 4703
Sfmt 4703
Film exported to the United States.23
We find that this information
adequately meets the requirements of
this factor, as discussed above, for the
purposes of initiating an anticircumvention inquiry.
Finally, with respect to the additional
factors listed under section 781(b)(3) of
the Act, we find that Domestic
Producers presented evidence
indicating that imports of PET Film
from Bahrain to the U.S. increased since
the imposition of the Order and that
imports of bright resin chips from the
UAE to Bahrain also increased since the
Order took effect, further supporting
initiation of this anti-circumvention
inquiry.24
In accordance with 19 CFR
351.225(l)(2), if the Department issues a
preliminary affirmative determination,
we will then instruct U.S. Customs and
Border Protection to suspend
liquidation and require a cash deposit of
estimated duties on the merchandise.
The Department will establish a
schedule for questionnaires and
comments on the issues. In accordance
with section 781(f) of the Act and 19
CFR 351.225(f)(5), the Department
intends to issue its final determination
within 300 days of the date of
publication of this initiation. This
notice is published in accordance with
19 CFR 351.225(f).
Dated: July 18, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–17492 Filed 7–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2011–2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 23, 2014, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of the
administrative review of the
antidumping duty order 1 on hand
trucks and certain parts thereof (hand
AGENCY:
23 See
‘‘Request’’ at 7, 9 and Exhibit 7.
at 12 and Exhibit 10.
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).
24 Id.,
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Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Notices
trucks) from the People’s Republic of
China (PRC).2 The period of review
(POR) is December 1, 2011, through
November 30, 2012. This review covers
two exporters of the subject
merchandise, New-Tec Integration
(Xiamen) Co., Ltd. (New-Tec) and
Yangjiang Shunhe Industrial Co., Ltd.
(Shunhe). 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 margin is
listed below in the ‘‘Final Results of the
Review’’ section of this notice. In
addition, we continue to find that
Shunhe had no shipments during the
POR (see ‘‘Final Determination of No
Shipments,’’ infra).
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.
DATES: Effective Date: July 29, 2014.
SUPPLEMENTARY INFORMATION:
rmajette on DSK2TPTVN1PROD with NOTICES
Background
On January 23, 2014, the Department
published in the Federal Register the
Preliminary Results of the 2011–2012
administrative review of the
antidumping duty order on hand trucks
from the PRC. In accordance with 19
CFR 351.309(c)(1)(ii), we invited parties
to comment on our Preliminary Results.
On February 12, 2014, Gleason
Industrial Products, Inc., and Precision
Products, Inc. (collectively, petitioners)
and Cosco Home and Office Products
(Cosco) submitted surrogate value (SV)
comments. On February 24, 2014, Cosco
submitted SV rebuttal comments. On
February 24, 2014, petitioners and
Cosco submitted case briefs. On March
3, 2014 and March 4, 2014, petitioners
and Cosco submitted rebuttal briefs,
respectively.
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
2 See Hand Trucks and Certain Parts Thereof
From the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; 2011–2012, 79 FR 3779 (January 23, 2014)
(Preliminary Results).
VerDate Mar<15>2010
15:02 Jul 28, 2014
Jkt 232001
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
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. A full description of the
scope of the order is contained in the
Final Issues and Decision Memorandum
dated concurrently with and hereby
adopted by this notice.3
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
administrative review are listed in the
Appendix to this notice and addressed
in the Issues and Decision
Memorandum. Parties can find a
complete discussion of all issues raised
in this review and the corresponding
recommendations in this public
memorandum, which is electronically
available 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 is
available to all parties in the Central
Records Unit, Room 7046, of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Issues and Decision Memorandum are
identical in content.
Final Determination of No Shipments
For these final results of review, we
continue to find that Shunhe had no
shipments during the POR.4 Consistent
with the Department’s refinement to its
assessment practice in non-market
economy (NME) cases regarding no
shipment claims, we are completing the
administrative review with respect to
Shunhe and will issue appropriate
instructions to U.S. Customs and Border
Protection (CBP) based on the final
results of the administrative review.5
3 See Memorandum to Paul Piquado, ‘‘Issues and
Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review of Hand
Trucks and Certain Parts Thereof from the People’s
Republic of China’’ (July 22, 2014) (Issues and
Decision Memorandum), dated concurrent with and
adopted by this notice, for a complete description
of the Scope of the Order.
4 See id.
5 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
44009
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.
Specifically, the Department used
financial statements of Jenbunjerd Co.
Ltd. and Office Thai Online Co. Ltd. for
2012; valued a factor of production that
had been omitted during the
Preliminary Results; changed the Thai
Harmonized Tariff Schedule heading for
the surrogate value of labels; and we
adjusted the calculation of the surrogate
value for inland freight, and brokerage
and handling.6
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 determines that the
following final dumping margin exists
for the period December 1, 2011,
through November 30, 2012:
Exporter
Weightedaverage
margin
(percent)
New-Tec Integration
(Xiamen) Co., Ltd. .............
0.00
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b), the Department
determines, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise and
deposits of estimated duties, where
applicable, in accordance with the final
results of this review. The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of the final results of
this review.
For each individually examined
respondent in this review whose
weighted-average dumping margin is
above de minimis (i.e., 0.05 percent) in
FR 65694 (October 24, 2011) and the ‘‘Assessment
Rates’’ section below.
6 See Issues and Decisions Memorandum; see also
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’’
(July 22, 2014).
E:\FR\FM\29JYN1.SGM
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44010
Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Notices
the final results of this review the
Department will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
sales, in accordance with 19 CFR
351.212(b)(1).7 Where an importer-(or
customer-specific per-unit rate is greater
than de minimis, the Department will
instruct CBP to collect the appropriate
duties at the time of liquidation. Where
either a respondent’s weighted average
dumping margin is zero or de minimis,
the Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.8
In 2011, the Department announced a
refinement to its assessment practice in
NME cases.9 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.10
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
date, as provided for by section
751(a)(2)(C) of the Act: (1) for subject
merchandise exported by New-Tec,
which has a separate rate, the cash
deposit 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 exporterspecific rate; (3) for all PRC exporters
that have not been found to be entitled
to a separate rate, the cash deposit rate
rmajette on DSK2TPTVN1PROD with NOTICES
7 See
Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77FR 8101
(February 14, 2012).
8 See id.
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
10 See id.
VerDate Mar<15>2010
15:02 Jul 28, 2014
Jkt 232001
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.
Dated: July 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Comments Discussed in the
Accompanying Final Issues and Decision
Memorandum:
Summary
Scope of the Order
List of Comments
Discussion of Issues
Comment 1: Whether To Value Certain
Inputs Using Purchases from MarketEconomy Suppliers
Comment 2: Surrogate Country
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Comment 3: Whether To Use Thai Trolley’s
Financial Statement
Comment 4: Whether To Use 2012 Thai
Financial Statements
Comment 5: Use of Jenbunjerd’s Financial
Statement
Comment 6: Omitted Factor of Production
value
Comment 7: Alternative Surrogate Values
for Factors of Production
Comment 8: Alternative Surrogate Freight
and Brokerage Methodologies
Recommendation
[FR Doc. 2014–17872 Filed 7–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
Submission for OMB Review;
Comment Request
United States Patent and
Trademark Office (USPTO), Department
of Commerce.
SUMMARY: The United States Patent and
Trademark Office (USPTO) will submit
to the Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
under the provisions of the Paperwork
Reduction Act (44 U.S.C. Chapter 35).
Title: Patent Petitions Related to
Application and Reexamination
Processing Fees.
Form Number(s): PTO/SB/17P, PTO/
SB/23, PTO/SB/24a, PTO/SB/28 (EFSWeb only), and PTO/SB/140 (EFS-Web
only).
Agency Approval Number: 0651–
0059.
Type of Request: Revision of a
currently approved collection.
Burden: 35,596 hours annually.
Number of Respondents: 33,119
responses per year.
Avg. Hours per Response: The USPTO
estimates that it takes the public
approximately 5 minutes (0.08 hours) to
12 hours to complete items in this
collection, depending on the petition.
This includes the time to gather the
necessary information, prepare the
petitions and petition fee transmittals,
and submit them to the USPTO. The
USPTO estimates that it takes the same
amount of time (and possibly less time)
to gather the necessary information,
prepare the submission, and submit it
electronically as it does to submit the
information in paper form.
Needs and Uses: The public uses the
information in this collection to petition
for various actions under 37 CFR 1.17(f),
(g), and (h), such as petitioning for a
suspension of the rules, requesting
access to an assignment record, or
requesting the withdrawal of an
AGENCY:
E:\FR\FM\29JYN1.SGM
29JYN1
]]>Agencies
[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Notices]
[Pages 44008-44010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17872]
-----------------------------------------------------------------------
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;
2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 23, 2014, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of the administrative review of the antidumping duty order \1\ on hand
trucks and certain parts thereof (hand
[[Page 44009]]
trucks) from the People's Republic of China (PRC).\2\ The period of
review (POR) is December 1, 2011, through November 30, 2012. This
review covers two exporters of the subject merchandise, New-Tec
Integration (Xiamen) Co., Ltd. (New-Tec) and Yangjiang Shunhe
Industrial Co., Ltd. (Shunhe). 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
margin is listed below in the ``Final Results of the Review'' section
of this notice. In addition, we continue to find that Shunhe had no
shipments during the POR (see ``Final Determination of No Shipments,''
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 Antidumping Duty
Administrative Review; 2011-2012, 79 FR 3779 (January 23, 2014)
(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.
DATES: Effective Date: July 29, 2014.
SUPPLEMENTARY INFORMATION:
Background
On January 23, 2014, the Department published in the Federal
Register the Preliminary Results of the 2011-2012 administrative review
of the antidumping duty order on hand trucks from the PRC. In
accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment
on our Preliminary Results. On February 12, 2014, Gleason Industrial
Products, Inc., and Precision Products, Inc. (collectively,
petitioners) and Cosco Home and Office Products (Cosco) submitted
surrogate value (SV) comments. On February 24, 2014, Cosco submitted SV
rebuttal comments. On February 24, 2014, petitioners and Cosco
submitted case briefs. On March 3, 2014 and March 4, 2014, petitioners
and Cosco submitted rebuttal briefs, respectively.
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 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. A full description
of the scope of the order is contained in the Final Issues and Decision
Memorandum dated concurrently with and hereby adopted by this
notice.\3\
---------------------------------------------------------------------------
\3\ See Memorandum to Paul Piquado, ``Issues and Decision
Memorandum for the Final Results of the Antidumping Duty
Administrative Review of Hand Trucks and Certain Parts Thereof from
the People's Republic of China'' (July 22, 2014) (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 in
this administrative review are listed in the Appendix to this notice
and addressed in the Issues and Decision Memorandum. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum, which is
electronically available 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 is available to all parties in the Central
Records Unit, Room 7046, of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
Final Determination of No Shipments
For these final results of review, we continue to find that Shunhe
had no shipments during the POR.\4\ Consistent with the Department's
refinement to its assessment practice in non-market economy (NME) cases
regarding no shipment claims, we are completing the administrative
review with respect to Shunhe and will issue appropriate instructions
to U.S. Customs and Border Protection (CBP) based on the final results
of the administrative review.\5\
---------------------------------------------------------------------------
\4\ See id.
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section below.
---------------------------------------------------------------------------
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. Specifically, the
Department used financial statements of Jenbunjerd Co. Ltd. and Office
Thai Online Co. Ltd. for 2012; valued a factor of production that had
been omitted during the Preliminary Results; changed the Thai
Harmonized Tariff Schedule heading for the surrogate value of labels;
and we adjusted the calculation of the surrogate value for inland
freight, and brokerage and handling.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decisions Memorandum; see also 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''
(July 22, 2014).
---------------------------------------------------------------------------
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 determines that the following final dumping margin
exists for the period December 1, 2011, through November 30, 2012:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd.................. 0.00
------------------------------------------------------------------------
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), the Department determines,
and CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise and deposits of estimated duties, where applicable,
in accordance with the final results of this review. The Department
intends to issue appropriate assessment instructions to CBP 15 days
after the date of publication of the final results of this review.
For each individually examined respondent in this review whose
weighted-average dumping margin is above de minimis (i.e., 0.05
percent) in
[[Page 44010]]
the final results of this review the Department will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those sales, in accordance with 19 CFR
351.212(b)(1).\7\ Where an importer-(or customer-specific per-unit rate
is greater than de minimis, the Department will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either a
respondent's weighted average dumping margin is zero or de minimis, the
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\8\
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\7\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77FR 8101 (February 14, 2012).
\8\ See id.
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In 2011, the Department announced a refinement to its assessment
practice in NME cases.\9\ 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.\10\
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\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\10\ See id.
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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 date, as provided for by
section 751(a)(2)(C) of the Act: (1) for subject merchandise exported
by New-Tec, which has a separate rate, the cash deposit 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 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.
Dated: July 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Comments Discussed in the Accompanying Final Issues and
Decision Memorandum:
Summary
Scope of the Order
List of Comments
Discussion of Issues
Comment 1: Whether To Value Certain Inputs Using Purchases from
Market-Economy Suppliers
Comment 2: Surrogate Country
Comment 3: Whether To Use Thai Trolley's Financial Statement
Comment 4: Whether To Use 2012 Thai Financial Statements
Comment 5: Use of Jenbunjerd's Financial Statement
Comment 6: Omitted Factor of Production value
Comment 7: Alternative Surrogate Values for Factors of
Production
Comment 8: Alternative Surrogate Freight and Brokerage
Methodologies Recommendation
[FR Doc. 2014-17872 Filed 7-28-14; 8:45 am]
BILLING CODE 3510-DS-P
