[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Notices]
[Pages 12119-12121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5800]


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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 and 
Determination Not to Revoke the Antidumping Duty Order, in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review and Determination Not to Revoke, in Part.

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SUMMARY: On November 7, 2003, the Department published in the Federal 
Register 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. We gave interested parties an opportunity 
to comment on the preliminary results. Based upon our analysis of the 
comments and information received, we have made changes to the dumping 
margin calculations for the final results. We find that certain helical 
spring lock washers from the People's Republic of China were being sold 
in the United States below normal value by Hangzhou Spring Washer Co., 
Ltd. during the period October 1, 2001 through September 30, 2002. We 
have also determined not to revoke the antidumping duty order on the 
subject merchandise with respect to this company.

EFFECTIVE DATE: March 15, 2004.

FOR FURTHER INFORMATION CONTACT: Ryan Langan, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone 
(202) 482-2613.

SUPPLEMENTARY INFORMATION:

Background

    On November 7, 2003, the Department published in the Federal 
Register the preliminary results of its administrative review of 
certain helical spring lock washers (``HSLWs'') from the People's 
Republic of China (``PRC'') and its preliminary determination not to 
revoke the antidumping duty order, in part (Certain Helical Spring Lock 
Washers from the People's Republic of China; Preliminary Results of 
Antidumping Duty Administrative Review, 68 FR 63060 (November 7, 2003) 
(``Preliminary Results''). We received surrogate value information from 
the sole respondent, Hangzhou Spring Washer Co., Ltd. (``Hangzhou''), 
on December 16, 2003. On January 5, 2004, the petitioner, Shakeproof 
Assembly Components Division of Illinois Tool Works, Inc. 
(``Shakeproof''), and Hangzhou submitted case briefs. On January 12, 
2004, the petitioner and Hangzhou submitted rebuttal briefs.
    The Department has completed the antidumping duty administrative 
review in accordance with section 751 of the Act.

Scope of the Order

    The products covered by the order are HSLWs 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. HSLWs 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.
    HSLWs 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.

Period of Review

    The period of review (``POR'') is October 1, 2001, through 
September 30, 2002. This is the ninth administrative review of the 
order.

Price Comparisons

    We calculated export price and normal value based on the same 
methodology used in the Preliminary Results with the following 
exceptions: For the steel wire rod and steel scrap surrogate values, we 
included the Indian import statistics for France. For selling, general 
and administrative (``SG&A'') expenses, the total cost of production 
(``TCOP''), and total labor, we corrected programming errors. The 
corrected margin program deducts steel scrap revenue from SG&A expenses 
and TCOP, and we have excluded plating labor from the total labor 
calculation. Pursuant to section 351.408(c)(3) of the Department's 
regulations, we valued labor using the regression-based wage rate for 
the PRC published by Import

[[Page 12120]]

Administration on its website. The Department updated the wage rate for 
the PRC after the Preliminary Results and, therefore, we are using the 
revised wage rate of $0.90/hour to value labor. See the ``Final Results 
Calculation Memorandum for Hangzhou Spring Washer Co., Ltd.,'' dated 
March 8, 2004, for further discussion.

Revocation

    Pursuant to 19 CFR 351.222(e)(1), Hangzhou requested revocation of 
the antidumping duty order as it pertains to that company. Based on our 
analysis of the sales and factors of production information submitted 
by Hangzhou, we find that Hangzhou sold the subject merchandise in the 
United States below normal value during the POR. Thus, we do not find 
that Hangzhou has not sold the subject merchandise below NV for a 
period of at least three consecutive years. Therefore, pursuant to 19 
CFR 351.222(b)(1), we find that Hangzhou does not qualify for 
revocation of the order on HSLWs from the PRC and that the order, with 
respect to Hangzhou, should not be revoked.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the ``Issues and Decision Memorandum'' 
from Jeffrey May, Deputy Assistant Secretary, Import Administration, to 
James J. Jochum, Assistant Secretary, Import Administration, dated 
March 8, 2004 (``Decision Memorandum''), which is hereby adopted by 
this notice. Attached to this notice as an Appendix is a list of the 
issues that parties have raised and to which we have responded in the 
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 on file in the Department's Central 
Records Unit, located in Room B-099 of the main Department building 
(``CRU''). In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Internet at http://ia.ita.doc.gov/frn/ 
under the heading ``China PRC.'' The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Final Results of Review

    The weighted-average dumping margin for the POR is as follows:

------------------------------------------------------------------------
    Manufacturer/exporter           Time Period         Margin (percent)
------------------------------------------------------------------------
Hangzhou Spring Washer Co.,     10/01/2001-09/30/2002              28.59
 Ltd........................
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.212(b)(1), we have calculated 
importer (or customer)-specific assessment rates for the merchandise 
subject to this review. To determine whether the duty assessment rates 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c), we calculated importer (or customer)-specific ad valorem 
rates by aggregating the dumping margins calculated for all U.S. sales 
to that importer (or customer) and dividing this amount by the total 
entered value of the sales to that importer (or customer). Where an 
importer (or customer)-specific ad valorem rate was greater than de 
minimis, we will direct the U.S. Customs and Border Protection 
(``CBP'') to apply the ad valorem assessment rates against the entered 
value of each of the importer's/customer's entries during the review 
period. Where an importer (or customer )-specific ad valorem rate was 
de minimis, we will order the Customs Service to liquidate without 
regard to antidumping duties.
    All other entries of the subject merchandise during the POR will be 
liquidated at the antidumping duty rate in place at the time of entry.
    The Department will issue appropriate assessment instructions 
directly to CBP within 15 days of publication of these final results of 
review.

Cash Deposit Requirements

    The following cash deposit rates will be effective upon publication 
of these final results for all shipments of HSLWs from the PRC entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date of this notice, as provided for by section 751(a)(1) 
of the Act: (1) the cash deposit rates for the reviewed company will be 
the rate shown above; (2) for a company previously found to be entitled 
to a separate rate and for which no review was requested, the cash 
deposit rate will be the rate established in the most recent review of 
that company; (3) for all other PRC exporters of subject merchandise, 
the rate will be the PRC country-wide rate of 128.63 percent, which is 
the ``All Other PRC Manufacturers, Producers and Exporters rate from 
the Final Determination of Sales at Less Than Fair Value: Certain 
Helical Spring Lock Washers from the PRC, 58 FR 48833 (September 20, 
1993); and (4) for non-PRC exporters of subject merchandise from the 
PRC, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that exporter. These deposit rates shall remain 
in effect until publication of the final results of the next 
administrative review.

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 doubled antidumping duties.

Notification Regarding APOs

    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.
    We are issuing and publishing these results and notice in 
accordance with sections section 751(a) and 777(i) of the Act.

    Dated: March 8, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix

List of Issues in the Decision Memorandum
Comment 1. Rejection of Market Economy Steel Wire Rod Prices

[[Page 12121]]

Comment 2. Valuation of Steel Wire Rod
Comment 3. By-Product Offset
Comment 4. Valuation of Plating
Comment 5. Valuation of Hydrochloric Acid
Comment 6. Valuation of Overhead, SG&A and Profit
Comment 7. Use of Adverse Facts Available
Comment 8. Revocation of the Antidumping Duty Order
[FR Doc. 04-5800 Filed 3-12-04; 8:45 am]
BILLING CODE 3510-DS-S