[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Pages 23543-23545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10227]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-888]
Floor-Standing, Metal-Top Ironing Tables and Certain Parts
Thereof From the People's Republic of China; Notice of Amended Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 27, 2011.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, 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-
4475, and (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Amendment to the Final Results
In accordance with sections 751(a) and 777(i)(1) of the Tariff Act
of 1930, as amended, (the Act), on March 14,
[[Page 23544]]
2011, the Department issued its final results in the administrative
review of the antidumping duty order on floor-standing, metal-top
ironing tables and certain parts thereof from the People's Republic of
China, covering the period August 1, 2008, to July 31, 2009. The final
results were subsequently released to all parties in the proceeding,
and published in the Federal Register on March 21, 2011. See Floor
Standing, Metal Top, Ironing Tables and Certain Parts Thereof From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 76 FR 2332 (March 21, 2011) (Final Results). On
March 22, 2011, and pursuant to section 751(h) of the Act and 19 CFR
351.224(c)(2), we received a timely allegation from Home Products
International, the Petitioner in this administrative review, that the
Department made ministerial errors with respect to two aspects of the
margin calculation for Foshan Shunde Yongjian Housewares & Hardware Co.
(Foshan Shunde). See Letter from Petitioner to the Department of
Commerce, ``Fifth Administrative Review of Floor Standing, Metal-Top
Ironing Tables and Certain Parts Thereof from the People's Republic of
China: Ministerial Errors Reflected in the Final Results of Review''
dated March 22, 2011 (Petitioner Ministerial Letter).
On March 23, 2011, we received a timely-filed allegation from Since
Hardware (Guangzhou) Co., Ltd. (Since Hardware) which alleged a
ministerial error with respect to the Department's calculation of
brokerage and handling. See Letter from Since Hardware to the
Department of Commerce, titled ``Floor-Standing Metal-Top Ironing
Tables from China: Ministerial Error Comments'' dated March 23, 2011
(Since Hardware Ministerial Letter). On March 25, 2011, we received
comments from Petitioner regarding the ministerial error alleged by
Since Hardware. See Letter from Petitioner to the Department of
Commerce, regarding ``Fifth Administrative Review of Floor-Standing,
Metal-Top Ironing Tables and Certain Parts Thereof from the People's
Republic of China: Petitioner's Reply to Ministerial Error Comments of
Since Hardware (Guangzhou) Co., Ltd.'' dated March 25, 2011
(Petitioners' Response Letter). On March 28, 2011, we received comments
from Foshan Shunde regarding one of the ministerial errors alleged by
Petitioner. See Letter from Foshan Shunde to the Department of
Commerce, regarding ``Certain Ironing Boards from the People's Republic
of China Rebuttal Comments re Petitioner's Ministerial Error Comment''
dated March 28, 2011 (Foshan Shunde Response Letter).
For a discussion of the Department's analysis of the allegations in
the Petitioner Ministerial Letter, Since Hardware Ministerial Letter,
Foshan Shunde Response Letter, and Petitioner Response Letter, see
Memorandum from Gary Taverman, Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, entitled,
``Allegation of Ministerial Errors in the Final Results of the
Antidumping Duty Administrative Review of Floor Standing, Metal-Top
Ironing Tables, and Certain Parts Thereof from the People's Republic of
China: Foshan Shunde Yongjian Housewares & Hardwares Co., Inc and Since
Hardware (Guangzhou) Co., Ltd.'' dated April 20, 2011 (Ministerial
Error Allegation Memo).
A ministerial error, as defined at section 751(h) of the Act,
includes ``errors in addition, subtraction, or other arithmetic
function, clerical errors resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which {the Department{time} considers ministerial.'' See also 19 CFR
351.224(f). In its Ministerial Letter, Petitioner alleges that the
Department made two ministerial errors in calculating Foshan Shunde's
antidumping duty margin. First, Petitioner alleges that the Department
made a ministerial error by including in packing materials certain
elements that Foshan Shunde had classified as direct materials in its
questionnaire responses to the Department. Second, Petitioner alleges
that in the calculation of brokerage and handling expense, the
Department incorrectly applied the weight and container size values
actually incurred by Foshan Shunde.
In its rebuttal letter, Foshan Shunde commented only on
Petitioner's allegation concerning the weight and container size values
incurred by Foshan Shunde.
After analyzing Petitioner's ministerial error comments and Foshan
Shunde's rebuttal comments, we have determined, in accordance with
section 751(h) of the Act and 19 CFR 351.224(e), that we made
ministerial errors with respect to both of the ministerial errors
alleged by Petitioner. See Ministerial Error Allegation Memorandum at
2. The Department has corrected both the factors of production
spreadsheet for Foshan Shunde and the margin program to reflect the
correction of these errors.
In its Ministerial Letter, Since Hardware alleges that if the
Department applies a weight based methodology to calculate brokerage
and handling, it must change the data selected so as not to derive
distorted results. In its rebuttal comments, Petitioner asserts there
is no ministerial error in the Department's calculation of Since
Hardware's brokerage and handling cost. Petitioner asserts that the
Department's Final Results reflect the container size and shipment
weight which the Department intended to use in its calculations. After
analyzing Since Hardware's ministerial error comments and Petitioner's
rebuttal comments, we have determined that we made no error in our
calculation of Since Hardware's brokerage and handling. Id.
Accordingly, we have made no changes to our calculation of Since
Hardware's final margin.
Based upon the foregoing, in accordance with 19 CFR 351.224(e), we
are amending the final results margin calculation in this antidumping
duty administrative review of ironing tables and certain parts thereof
from the People's Republic of China for Foshan Shunde. After correcting
for the ministerial errors with respect to (1) the elements included
within direct materials and packing, and (2) the weight and container
size values incurred by Foshan Shunde, the amended final weighted-
average dumping margin has changed for Foshan Shunde:
------------------------------------------------------------------------
Final results
weighted- Amended final weighted-
Manufacturer/Exporter average margin average margin
percentage percentage
------------------------------------------------------------------------
Foshan Shunde............... 18.76 percent.. 23.61 percent.
------------------------------------------------------------------------
[[Page 23545]]
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department shall determine, 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 these amended final results of review.
For assessment purposes, where possible, we calculated importer-
specific assessment rates for subject ironing tables from the PRC via
ad valorem duty assessment rates based on the ratio of the total amount
of the dumping margins calculated for the examined sales to the total
entered value of those same sales. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for any
entries made on or after March 21, 2011, the date of publication of the
Final Results, for all shipments of the 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
Foshan Shunde the cash deposit rate will be the amended 23.61 percent
shown above; (2) for Since Hardware, the cash deposit rate will
continue to be 70. 05 percent; (3) 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; (4) for all PRC exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
157.68 percent; and (5) 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 exporters that supplied
that non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification of Interested Parties
This notice also 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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) 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 that is subject to sanction.
We are issuing and publishing these amended final results of review
and notice in accordance with sections 751(h) and 777(i) of the Act.
Dated: April 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10227 Filed 4-26-11; 8:45 am]
BILLING CODE 3510-DS-P