[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Notices]
[Pages 29720-29722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12812]
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DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
[A-570-822]
Certain Helical Spring Lock Washers 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 November 9, 2009, the Department of Commerce (the
``Department'') published the preliminary results of the administrative
review of the antidumping duty order on certain helical spring lock
washers from the People's Republic of China (``PRC''), covering the
period October 1, 2007, through September 30, 2008. See Certain Helical
Spring Lock Washers From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review, 74 FR 57653
(November 9, 2009) (``Preliminary Results''). We gave the interested
parties an opportunity to comment on the Preliminary Results. After
reviewing the interested parties' comments, we made changes to our
calculations for the final results of the review. The final dumping
margin for this review is listed in the ``Final Results of the Review''
section below.
EFFECTIVE DATE: May 27, 2010.
FOR FURTHER INFORMATION CONTACT: David Layton or Austin Redington, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
0371 or (202) 482-1664, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on November 9,
2009. On November 12, 2009, the Department sent a supplemental
[[Page 29721]]
questionnaire to mandatory respondent Hangzhou Spring Washer Co., Ltd.
(``HSW'') (also known as Zhejiang Wanxin Group Co., Ltd.), and received
a response from HSW on November 19, 2009.
HSW and the petitioner, Shakeproof Assembly Components, a Division
of Illinois Tool Works, Inc. (``Shakeproof'' or ``Petitioner''),
submitted surrogate value comments on December 28, 2009, in addition to
those surrogate value comments submitted before the Preliminary
Results.
The final results of this administrative review were originally due
no later than March 9, 2010. As explained in the memorandum from Ron
Lorentzen, Deputy Assistant Secretary for Import Administration, the
Department has exercised its discretion to toll deadlines for the
duration of the closure of the Federal Government from February 5,
2010, through February 12, 2010. Thus, all deadlines in this segment of
the proceeding have been extended by seven days. The revised deadline
for the final results of this review was consequently extended to March
16, 2010. See Memorandum to the Record from Ronald Lorentzen, Deputy
Assistant Secretary (``DAS'') for Import Administration, regarding
``Tolling of Administrative Deadlines As a Result of the Government
Closure During the Recent Snowstorm,'' dated February 12, 2010.
On March 1, 2010, the Department published in the Federal Register
an extension of the time limit for the completion of the final results
of this review until no later than May 17, 2010, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the
Act''), and 19 CFR 351.213(h)(2). See Certain Helical Spring Lock
Washers from the People's Republic of China: Extension of Time Limit
for the Final Results of the 2007-2008 Antidumping Duty Administrative
Review, 75 FR 9159 (March 1, 2010).
Petitioner and HSW submitted case briefs on January 6, 2010, and
rebuttal briefs on January 11, 2010. None of the parties requested a
hearing.
Scope of the Order
The products covered by the order are helical spring lock washers
of carbon steel, of carbon alloy steel, or of stainless steel, heat-
treated or non-heat-treated, plated or non-plated, with ends that are
off-line. Helical spring lock washers are designed to: (1) function as
a spring to compensate for developed looseness between the component
parts of a fastened assembly; (2) distribute the load over a larger
area for screws or bolts; and (3) provide a hardened bearing surface.
The scope does not include internal or external tooth washers, nor does
it include spring lock washers made of other metals, such as copper.
Lock washers subject to the order are currently classifiable under
subheading 7318.21.0030 of the Harmonized Tariff Schedule of the United
States (``HTSUS''). Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the scope
of this proceeding is dispositive.
Analysis of Comments Received
All issues raised in the case briefs are addressed in the ``Issues
and Decision Memorandum for the 2007-2008 Administrative Review of
Certain Helical Spring Lock Washers From the People's Republic of
China'' (``Issues and Decision Memorandum''), which is dated
concurrently with and hereby adopted by this notice. A list of the
issues which parties raised and to which we responded in the Issues and
Decision Memorandum is attached to this notice as an Appendix. The
Issues and Decision Memorandum is a public document which is on file in
the Central Records Unit (``CRU'') in room 1117 in the main Department
building, and is accessible on the web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are
identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made the
following changes in calculating dumping margins: (1) we revised our
calculation of the surrogate financial ratios and are now including two
additional Indian companies; (2) we valued HSW's factors for barium
carbonate, nitric acid, and zinc chloride using prices from Chemical
Weekly rather than the World Trade Atlas data used in the Preliminary
Results; (3) for nitric acid and zinc chloride, we adjusted the average
prices reported in Chemical Weekly to account for the differences
between the concentration levels for the chemicals reported in Chemical
Weekly and those used by HSW (the barium carbonate concentration level
of sales reported in Chemical Weekly is identical to that reported by
HSW); (4) we valued brokerage and handling costs using the source, the
World Bank Group's Doing Business 2009, which reports average brokerage
and handling costs in India based on a broad survey; and (5) we
corrected an error in the calculations identified by HSW. See Comments
1, 5, 6 and 7 of the Issues and Decision Memorandum. For further
details, see ``Analysis for the Final Results of Antidumping Duty
Administrative Review of Helical Spring Lock Washers from the People's
Republic of China: Hangzhou Spring Washer Co. Ltd., dated May 17, 2010,
on file in the CRU.
Final Results of the Review
We determine that the following margin exists for the period
October 1, 2007, through September 30, 2008:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Hangzhou Spring Washer Co. Ltd. (also known as Zhejiang 6.96
Wanxin Group Co., Ltd.)....................................
------------------------------------------------------------------------
Assessment Rates
The Department has determined, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review. For HSW, we calculated customer-specific antidumping
duty assessment amounts for subject merchandise based on the ratio of
the total amount of antidumping duties calculated for the examined
sales of subject merchandise to the total quantity of subject
merchandise sold in these transactions. We calculated these per unit
assessment amounts in this fashion, as opposed to calculating import-
specific ad valorem rates in accordance with 19 CFR 351.212 (b)(1),
because the entered values and importers of record for HSW's reported
U.S. sales are not on the record. To determine whether the duty
assessment rates are de minimis, in accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we calculated importer (or customer)-
specific ad valorem ratios based on the estimated entered value. Where
an importer-specific (or customer-specific) rate is de minimis (i.e.,
less than 0.50 percent), the Department will instruct CBP to liquidate
that importer's (or customer's) entries of subject merchandise without
regard to antidumping duties.
Cash Deposit Requirements
The following cash-deposit requirements will apply to all shipments
of lock washers from the PRC entered, or withdrawn from warehouse, for
consumption on or after the publication date of the final results of
this administrative review, as provided by section 751(a)(1) of the
Act: (1) the cash deposit rates for the reviewed company will be the
rate listed above
[[Page 29722]]
(except no cash deposit will be required if a company's weighted-
average margin is de minimis, i.e., less than 0.5 percent); (2) for
merchandise exported by manufacturers or exporters not covered in this
review but covered in the original less-than-fair-value investigation
or a previous review, the cash deposit rate will continue to be the
most recent rate published in the final determination or final results
for which the manufacturer or exporter received an individual rate; (3)
if the exporter is not a firm covered in this review, a prior review,
or the original investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; (4) for all other PRC
exporters, the cash deposit rate will be the PRC-wide rate established
in the final results of this review which is 128.63 percent; and (5)
the cash-deposit rate for any non-PRC exporter of subject merchandise
from the PRC will be the rate applicable to the PRC exporter that
supplied that exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
This notice serves as a final 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.
This notice also serves as a final reminder to parties subject to
the administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305. Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This notice of final results is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 17, 2010.
Paul Piquado,
Deputy Assistant Secretary for AD/CVD Policy and Negotiations.
Appendix - Issues in Decision Memorandum
Comment 1: Use of Sterling Tools Ltd.'s Financial Statements
Comment 2: Use of Sundram Fasteners Ltd.'s Financial Statements
Comment 3: Wire Rod Surrogate Value
Comment 4 Weighted Average vs. Simple Average for JPC Prices
Comment 5: Surrogate Values for Certain Chemical Factors of Production:
Chemical Weekly Pricing Data Versus Indian Import Statistics
Comment 6: Surrogate Values for Brokerage and Handling
Comment 7: Correction of Ministerial Calculation Error
[FR Doc. 2010-12812 Filed 5-26-10; 8:45 am]
BILLING CODE 3510-DS-S