[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)]
[Notices]
[Pages 29314-29316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12565]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Parts Thereof from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 11, 2010, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of administrative review of the antidumping duty order on hand trucks
and certain parts thereof from the People's Republic of China (PRC).
The review covers one exporter. The period of review (POR) is December
1, 2007 through November 30, 2008. We gave interested parties an
opportunity to comment on the preliminary results. Based on our
analysis of the comments received, we have made changes to the margin
calculations. Therefore, the final results differ from the preliminary
results. The final weighted-average dumping margin for the reviewed
firm is listed below in the section entitled ``Final Results of
Review.''
EFFECTIVE DATE: May 25, 2010.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-2924
or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION: On January 11, 2010, the Department of
Commerce (the Department) published in the Federal Register the
preliminary results of administrative review of the antidumping duty
order on hand trucks and certain parts thereof from the People's
Republic of China (PRC). See Hand Trucks and Certain Parts Thereof from
the People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission in Part, 75 FR 1339 (January 11,
2010) (Preliminary Results). The administrative review covers Since
Hardware (Guangzhou) Co., Ltd. (Since Hardware).\1\ We invited
interested parties to comment on the preliminary results. On February
12, 2010 we received a case brief from petitioners. We received no case
or rebuttal briefs from Since Hardware. No interested party requested a
hearing.
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\1\ This review originally covered four exporters. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Requests for Revocation in Part, 74 FR 5821 (February 2,
2009). However the Department rescinded the review on two of those
exporters on June 19, 2009. See Notice of Partial Rescission, Intent
to Rescind and Extension of Preliminary Results of Antidumping Duty
Administrative Review: Hand Trucks and Certain Parts Thereof From
the People's Republic of China, 74 FR 29178 (June 19, 2009). It
rescinded the review on another of the four exporters on January 11,
2010. See Hand Trucks and Certain Parts Thereof from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission in Part, 75 FR 1339 (January
11, 2010).
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Scope of the Order
The merchandise subject to this antidumping duty order consists of
[[Page 29315]]
hand trucks manufactured from any material, whether assembled or
unassembled, complete or incomplete, suitable for any use, and certain
parts thereof, namely the vertical frame, the handling area and the
projecting edges or toe plate, and any combination thereof.
A complete or fully assembled hand truck is a hand-propelled barrow
consisting of a vertically disposed frame having a handle or more than
one handle at or near the upper section of the vertical frame; at least
two wheels at or near the lower section of the vertical frame; and a
horizontal projecting edge or edges, or toe plate, perpendicular or
angled to the vertical frame, at or near the lower section of the
vertical frame. The projecting edge or edges, or toe plate, slides
under a load for purposes of lifting and/or moving the load.
That the vertical frame can be converted from a vertical setting to
a horizontal setting, then operated in that horizontal setting as a
platform, is not a basis for exclusion of the hand truck from the scope
of this petition. That the vertical frame, handling area, wheels,
projecting edges or other parts of the hand truck can be collapsed or
folded is not a basis for exclusion of the hand truck from the scope of
the petition. That other wheels may be connected to the vertical frame,
handling area, projecting edges, or other parts of the hand truck, in
addition to the two or more wheels located at or near the lower section
of the vertical frame, is not a basis for exclusion of the hand truck
from the scope of the petition. Finally, that the hand truck may
exhibit physical characteristics in addition to the vertical frame, the
handling area, the projecting edges or toe plate, and the two wheels at
or near the lower section of the vertical frame, is not a basis for
exclusion of the hand truck from the scope of the petition.
Examples of names commonly used to reference hand trucks are hand
truck, convertible hand truck, appliance hand truck, cylinder hand
truck, bag truck, dolly, or hand trolley. They are typically imported
under heading 8716.80.50.10 of the Harmonized Tariff Schedule of the
United States (HTSUS), although they may also be imported under heading
8716.80.50.90. Specific parts of a hand truck, namely the vertical
frame, the handling area and the projecting edges or toe plate, or any
combination thereof, are typically imported under heading 8716.90.50.60
of the HTSUS. Although the HTSUS subheadings are provided for
convenience and customs purposes, the Department's written description
of the scope is dispositive.
Excluded from the scope are small two-wheel or four-wheel utility
carts specifically designed for carrying loads like personal bags or
luggage in which the frame is made from telescoping tubular materials
measuring less than 5/8 inch in diameter; hand trucks that use
motorized operations either to move the hand truck from one location to
the next or to assist in the lifting of items placed on the hand truck;
vertical carriers designed specifically to transport golf bags; and
wheels and tires used in the manufacture of hand trucks.
Separate Rates
In proceedings involving non-market economy (NME) countries, the
Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
review in an NME country this single rate unless an exporter can
demonstrate that it is sufficiently independent so as to be entitled to
a separate rate.
In the preliminary results, we found that Since Hardware
demonstrated its eligibility for separate rate status. We received no
comments from interested parties regarding Since Hardware's separate
rate status. In these final results of review, we continue to find the
evidence placed on the record by Since Hardware demonstrates an absence
of government control, both in law and in fact, with respect to Since
Hardware's exports of the merchandise under review. Thus, we have
determined that Since Hardware is eligible to receive a separate rate.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made the
following changes in our margin calculations:
We included defective hand trucks as part of the total
production volume. See comment 2 of the decision memorandum.
oWe valued the ``rubber wheel'' input using Indian import
statistics from harmonized tariff schedule (HTS) 8716.90.90. See
comment 3 of the decision memorandum.
We used the financial statement of Rexello Castors Private
Limited in combination with that of Godrej & Boyce Manufacturing Co.,
Ltd., to calculate ratios for selling, general and administrative
expenses, overhead, and profit. See comment 4 of the decision
memorandum.
We valued the ``zinc-galvanized cold-rolled plate'' input
using HTS 7216.91.61, rather than HTS 7216.91.00. See comment 5 of the
decision memorandum.
Final Results of Review
The Department has determined that the following margin exists for
the period December 1, 2007, through November 30, 2008:
------------------------------------------------------------------------
Weighted-Average
Exporter/Manufacturer Margin
(Percentage)
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Since Hardware (Guangzhou) Co. Ltd................. 119.98
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Assessment Rates
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) fifteen days after publication of
these final results of administrative review. In calculating importer-
specific assessment rates, we divided the total dumping margins
(calculated as the difference between normal value and export price)
for each of Since Hardware's importers or customers by the total number
of units the exporter sold to that importer or customer. We will direct
CBP to assess the resulting per-unit dollar amount against each unit of
merchandise in each of that importer's/customer's entries during the
POR.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act):
(1) for Since Hardware the cash deposit rate will be 119.98 percent;
(2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-wide rate of 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 that non-PRC exporter. These cash deposit
requirements will remain in effect until further notice.
[[Page 29316]]
Reimbursement of Duties
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 POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: May 18, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
Comment 1. Bank fees incurred on U.S. sales.
Comment 2. Whether to include defective hand trucks as part of
production volume.
Comment 3. How to value the input ``rubber wheel.''
Comment 4. What financial statement to use for calculating financial
ratios.
Comment 5. How to value the input ``zinc galvanized cold-rolled
plate.''
Comment 6. Whether to use Indian import statistics denominated in U.S.
dollars.
Comment 7. Whether to adjust the surrogate value for domestic inland
freight to account for shipment volumes.
[FR Doc. 2010-12565 Filed 5-24-10; 8:45 am]
BILLING CODE 3510-DS-S