Hand Trucks and Certain Parts Thereof From the People's Republic of China: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement, 34369-34370 [2015-14769]

Download as PDF Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices People’s Republic of China A–570–967 and C–570–968: Aluminum Extrusions From the People’s Republic of China Requestor: Camco Manufacturing, Inc. (‘‘Camco’’); Camco’s 20-foot telescoping flag poles, consisting of aluminum extrusion tubes, finials, carabiners, capping balls, locking buttons, tube stops and caps, and flag clips, are outside the scope of the order under the finished goods exclusion because they are finished goods containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry; January 8, 2015. A–570–967 and C–570–968: Aluminum Extrusions From the People’s Republic of China Requestor: Sign-Zone, Inc.; Sign-Zones ‘‘Premium Event Tent Frames’’ are outside the scope of the orders because the tent frames constitute ‘‘finished merchandise containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry;’’ January 23, 2015. A–570–967 and C–570–968: Aluminum Extrusions From the People’s Republic of China Requestor: 5 Diamond Promotions, Inc. (‘‘5 Diamond’’); 5 Diamond’s aluminum flag pole kits are within the scope of the orders because the aluminum flag pole kits do not meet the exclusion criteria for a ‘‘finished goods kit,’’ as the aluminum flag pole kits solely contain aluminum extrusions and fasteners; February 5, 2015. asabaliauskas on DSK5VPTVN1PROD with NOTICES A–570–967 and C–570–968: Aluminum Extrusions From the People’s Republic of China Requestor: Unger Enterprises Inc. (‘‘Unger’’); Unger’s telescoping poles, consisting of aluminum extrusion tubes, polypropylene tube plugs, polypropylene hand grips, and polypropylene locking collars, are outside the scope of the orders under the finished goods exclusion because they are finished goods containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry; February 19, 2015. A–570–967 and C–570–968: Aluminum Extrusions From the People’s Republic of China Requestor: Aqua EZ, Inc. (‘‘Aqua EZ’’); Aqua EZ’s side cam-lock telepoles and ribbed telescopic poles, consisting of aluminum extrusion tubes, white plastic locking mechanisms, and white plastic handles, are outside the scope of the orders under the finished goods exclusion because they are finished goods containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry; March 2, 2015. A–570–967 and C–570–968: Aluminum Extrusions From the People’s Republic of China Requestor: Ford Atlantic; Ford Atlantic’s wall standards are within the scope of the orders because the wall standards do not VerDate Sep<11>2014 17:18 Jun 15, 2015 Jkt 235001 meet the exclusion criteria for a finished good as the wall standards do not contain non-aluminum extruded components beyond fasteners. Ford Atlantic’s folding tripod display easels, consisting of aluminum extrusions and non-extruded aluminum components (i.e., various non-extruded joints, connectors, and caps) which go beyond mere fasteners, are outside the scope of the orders under the finished goods exclusion because they are finished goods containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry; March 4, 2015. A–570–890: Wooden Bedroom From the People’s Republic of China Requestor: Bassett Mirror Company, Inc.; Borghese Lady’s Writing Desk is excluded from the scope of the antidumping duty order because it is office furniture; March 26, 2015. Interested parties are invited to comment on the completeness of this list of completed scope and anticircumvention inquiries. Any comments should be submitted to the Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, 14th Street and Constitution Avenue NW., APO/Dockets Unit, Room 1870, Washington, DC 20230. This notice is published in accordance with 19 CFR 351.225(o). Dated: June 5, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–14768 Filed 6–15–15; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–570–891] Hand Trucks and Certain Parts Thereof From the People’s Republic of China: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: June 16, 2015. 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 and (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Frm 00007 Fmt 4703 Background On July 16, 2012, the Department of Commerce (the Department) published the final results of its administrative review of the antidumping duty order on hand trucks and certain parts thereof from People’s Republic of China.1 The period of review (POR) is December 1, 2009, through November 30, 2010. The administrative review covered New-Tec Integration (Xiamen) Co., Ltd. (New-Tec), an exporter of hand trucks and certain parts thereof from the People’s Republic of China to the United States. In the Final Results, the Department assigned to New-Tec a weighted-average dumping margin of 41.49 percent for the 2009–2010 period of review. Following the publication of the Final Results, Gleason Industrial Products, Inc. and Precision Products, Inc. (collectively, Gleason), domestic interested parties, and Cosco Home and Office Products (Cosco), a U.S. importer, filed lawsuits with the United States Court of International Trade (CIT) challenging various aspects of the Department’s final results of administrative review. The United States, Gleason, and Cosco have entered into an agreement to settle this dispute. Pursuant to the terms of settlement and the stipulation for entry of judgment, the amended final weighted-average dumping margin for New-Tec is 20.89 percent. The Court issued its Order of Judgment by Stipulation on May 29, 2015.2 Assessment Rates DEPARTMENT OF COMMERCE PO 00000 34369 Sfmt 4703 The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP within 15 days after the date of publication of these amended final results of review in the Federal Register. We have calculated importer-specific per-unit antidumping duty assessment rates by aggregating the total amount of dumping calculated for the examined sales of each importer and dividing each of these amounts by the total entered quantity associated with those sales.3 1 See Hand Trucks and Certain Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 41744 (July 16, 2012) (Final Results). 2 See Gleason Industrial Products, Inc. v. United States, Consol. Court No. 12–00234, Doc. No. 114 (May 29, 2015). 3 See Memorandum to: The File ‘‘Per-Unit Assessment Calculation for New-Tec Integration (Xiamen) Co., Ltd. (New-Tec) in the Amended Final Results of Admininstrative Review of the Antidumping Order on Hand Trucks and Parts E:\FR\FM\16JNN1.SGM Continued 16JNN1 34370 Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where an importer-specific assessment rate is not zero or de minimis. We will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is zero or de minimis. Cash Deposit Requirements Since the Final Results, the Department completed a subsequent administrative review of, and established a new cash deposit rate for, New-Tec. Therefore, New-Tec’s cash deposit rate does not need to be updated as a result of these amended final results. Rather, New-Tec’s cash deposit rate will continue to be 0.00 percent, the rate established in that review.4 Notification to Importers This notice also 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 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 this determination and publishing these amended final results and notice in accordance with 19 U.S.C. 1516(e). Dated: June 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–14769 Filed 6–15–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–816] Certain Steel Nails From Malaysia: Amended Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending its final asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: Thereof from the People’s Republic of China; 2009– 2010’’ dated concurrently with this notice. 4 See Hand Trucks and Certain Parts Thereof From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011– 2012, 79 FR 44008 (July 29, 2014). VerDate Sep<11>2014 17:18 Jun 15, 2015 Jkt 235001 determination in the less-than-fair-value investigation of certain steel nails from Malaysia, to correct a ministerial error. DATES: Effective Date: June 16, 2015. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Steve Bezirganian, 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) 482–3931 or (202) 482–1131, respectively. SUPPLEMENTARY INFORMATION: Background On May 20, 2015, the Department published the final determination of the less-than-fair-value investigation of certain steel nails from Malaysia.1 On May 22, 2015, Mid Continent Steel & Wire, Inc., (Petitioner), submitted a ministerial error allegation.2 No other party commented on this allegation. Based on our analysis of this allegation, we revised the margin calculation for Region System Sdn. Bhd. and Region International Co., Ltd. (collectively, Region), and assigned a new All Others rate, as discussed below.3 Scope of the Investigation The scope of the investigation appears in Appendix I of the Final Determination. Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(f) define a ‘‘ministerial error’’ as an error ‘‘in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ Petitioner noted that in the Final Determination, we recalculated the U.S. warranty expense field such that it was denominated in U.S. dollars per kilogram, but then applied currency exchange conversions to the U.S. warranty expenses in the U.S. margin calculation as if they were denominated 1 See Certain Steel Nails From Malaysia; Final Determination of Sales at Less Than Fair Value, 80 FR 28969 (May 20, 2015) (Final Determination). 2 See Letter from Petitioner to the Department, ‘‘Certain Steel Nails from Malaysia: Petitioner’s Ministerial Error Allegation,’’ dated May 22, 2015. 3 See also the memorandum entitled ‘‘Amended Final Determination of the Less-Than-Fair-Value Investigation of Certain Steel Nails from Malaysia: Allegation of Ministerial Error,’’ dated concurrently with this determination and hereby adopted by this notice. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 in Malaysian currency per kilogram. No other party commented on this allegation. We agree with Petitioner that we made a ministerial error within the meaning of 19 CFR 351.224(f) with respect to the recalculated U.S. warranty expense field. Therefore, we are amending the final determination in accordance with section 751(h) of the Act and 19 CFR 351.224(e). Amended Final Determination The Department determines that the following amended weighted-average dumping margins exist for the period April 1, 2013 through March 31, 2014, as discussed above: 4 Exporter or producer Region System Sdn. Bhd. and Region International Co., Ltd .. All Others .................................... Weightedaverage dumping margin (percent) 2.66 2.66 Continuation of Suspension of Liquidation The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of this amended final determination, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Region will be the rate we determined in this amended final determination (i.e., 2.66 percent); (2) the cash deposit rates for Inmax and Tag will continue to be those identified in the Final Determination (i.e., 39.35 percent) (3) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; and (4) the rate for all other producers or exporters will be 2.66 percent, as indicated above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the U.S. International Trade Commission (ITC) of the Final Determination and our amended final determination. As the Final Determination and our preliminary determination were both affirmative, in accordance with section 4 Note that the weighted-average dumping margins of 39.35 percent identified in the Final Determination for Inmax Sdn. Bhd. (‘‘Inmax’’) and Tag Fasteners Sdn. Bhd. (‘‘Tag’’) remain unchanged. See Final Determination at 28970. E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34369-34370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14769]


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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: Notice of Amended Final Results of Antidumping Duty 
Administrative Review Pursuant to Settlement

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: June 16, 2015.

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 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 16, 2012, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on hand trucks and certain parts thereof from 
People's Republic of China.\1\ The period of review (POR) is December 
1, 2009, through November 30, 2010.
---------------------------------------------------------------------------

    \1\ See Hand Trucks and Certain Parts Thereof from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review, 77 FR 41744 (July 16, 2012) (Final Results).
---------------------------------------------------------------------------

    The administrative review covered New-Tec Integration (Xiamen) Co., 
Ltd. (New-Tec), an exporter of hand trucks and certain parts thereof 
from the People's Republic of China to the United States. In the Final 
Results, the Department assigned to New-Tec a weighted-average dumping 
margin of 41.49 percent for the 2009-2010 period of review.
    Following the publication of the Final Results, Gleason Industrial 
Products, Inc. and Precision Products, Inc. (collectively, Gleason), 
domestic interested parties, and Cosco Home and Office Products 
(Cosco), a U.S. importer, filed lawsuits with the United States Court 
of International Trade (CIT) challenging various aspects of the 
Department's final results of administrative review.
    The United States, Gleason, and Cosco have entered into an 
agreement to settle this dispute. Pursuant to the terms of settlement 
and the stipulation for entry of judgment, the amended final weighted-
average dumping margin for New-Tec is 20.89 percent. The Court issued 
its Order of Judgment by Stipulation on May 29, 2015.\2\
---------------------------------------------------------------------------

    \2\ See Gleason Industrial Products, Inc. v. United States, 
Consol. Court No. 12-00234, Doc. No. 114 (May 29, 2015).
---------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review. The 
Department intends to issue assessment instructions to CBP within 15 
days after the date of publication of these amended final results of 
review in the Federal Register.
    We have calculated importer-specific per-unit antidumping duty 
assessment rates by aggregating the total amount of dumping calculated 
for the examined sales of each importer and dividing each of these 
amounts by the total entered quantity associated with those sales.\3\

[[Page 34370]]

We will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review where an importer-specific assessment 
rate is not zero or de minimis. We will instruct CBP to liquidate 
without regard to antidumping duties any entries for which the 
importer-specific assessment rate is zero or de minimis.
---------------------------------------------------------------------------

    \3\ See Memorandum to: The File ``Per-Unit Assessment 
Calculation for New-Tec Integration (Xiamen) Co., Ltd. (New-Tec) in 
the Amended Final Results of Admininstrative Review of the 
Antidumping Order on Hand Trucks and Parts Thereof from the People's 
Republic of China; 2009-2010'' dated concurrently with this notice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    Since the Final Results, the Department completed a subsequent 
administrative review of, and established a new cash deposit rate for, 
New-Tec. Therefore, New-Tec's cash deposit rate does not need to be 
updated as a result of these amended final results. Rather, New-Tec's 
cash deposit rate will continue to be 0.00 percent, the rate 
established in that review.\4\
---------------------------------------------------------------------------

    \4\ See Hand Trucks and Certain Parts Thereof From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 79 FR 44008 (July 29, 2014).
---------------------------------------------------------------------------

Notification to Importers

    This notice also 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 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 this determination and publishing these amended 
final results and notice in accordance with 19 U.S.C. 1516(e).

     Dated: June 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-14769 Filed 6-15-15; 8:45 am]
 BILLING CODE 3510-DS-P

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