[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28274-28275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2465]



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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.

EFFECTIVE DATE: May 17, 2005.
SUMMARY: On November 9, 2004, the Department of Commerce (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 (HSLWs) from the People's Republic of China 
(the PRC). We gave interested parties an opportunity to comment on the 
preliminary results. Based upon our analysis of the comments and 
information received, we made changes to the dumping margin 
calculations for the final results. We find that certain HSLWs from the 
PRC were not being sold in the United States below normal value by 
Hangzhou Spring Washer Co., Ltd. (Hangzhou) during the period October 
1, 2002, through September 30, 2003.

FOR FURTHER INFORMATION CONTACT: Marin Weaver at (202) 482-2336 or 
Cathy Feig at (202) 482-3962; AD/CVD Operations, Office 8, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Case History

    The preliminary results in this administrative review were 
published on November 9, 2004. See Certain Helical Spring Lock Washers 
from the PRC; Preliminary Results of Antidumping Duty Administrative 
Review, 69 FR 64903 (Preliminary Results). Since the Preliminary 
Results, the following events have occurred.
    On December 10, 2004, Hangzhou submitted its case brief. Shakeproof 
Assembly Components Division of Illinois Tool Works, Inc. (Shakeproof), 
a domestic interested party, filed one ``bracketing-not-final'' copy of 
its case brief on December 10, 2004, and the final proprietary version 
on December 13, 2004. Both Shakeproof and Hangzhou submitted rebuttal 
briefs on December 17, 2004. On March 8, 2005, we extended the deadline 
for the final results of this review from March 9, 2005, to May 8, 
2005. See Notice of Extension of Time Limit for the Final Results of 
Antidumping Duty Administrative Review: Certain Helical Spring Lock 
Washers from the People's Republic of China, 70 FR 11193 (March 8, 
2005).

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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this proceeding and to which we have responded are listed in the 
Appendix to this notice and addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. Parties can find a 
complete discussion of the issues raised in this administrative review 
and the corresponding recommendations in this public memorandum which 
is on file in the Central Records Unit (CRU), room B-099 of the main 
Department building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://ia.ita.doc.gov/fm. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content.

Price Comparisons

    We calculated export price and normal value based on the same 
methodology used in the Preliminary Results with the following 
exceptions: We calculated the surrogate financial ratios using the 2003 
Reserve Bank of India (RBI) Bulletin instead of the 1997 RBI Bulletin. 
Additionally, we did not apply overhead to the plating costs and we 
have calculated brokerage and handling on a per-piece basis instead of 
a per-kilogram basis. Finally, we corrected our calculation of 
distances from the suppliers for each applicable input. See the 
accompanying Issues and Decision Memorandum and the Final Results 
Calculation Memorandum for Hangzhou Spring Washer Co., Ltd., dated May 
9, 2005, for a full discussion of the issues and application of the 
changes.

Final Results of Review

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

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Hangzhou Spring Washer Co., Ltd.....................                0.00
------------------------------------------------------------------------

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 U.S. Customs and Border Protection (CBP) to 
apply the ad valorem assessment rates against the entered value of each 
of the importer's (or customer's) entries during the review period. 
Where an importer (or customer) -specific ad valorem rate was de 
minimis, we will instruct CBP 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 Tariff Act of 1930, as amended (the Act): (1) the cash deposit 
rate for Hangzhou will be zero; (2) for a company previously found to 
be

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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 751(a) and 777(i) of the Act.

    Date: May 9, 2005.
Joseph A Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I--Decision Memorandum

Comment 1: Use of Steel Wire Rod from the United Kingdom
Comment 2: Plating Factor vs. Plating Services
Comment 3: Labor Rate
Comment 4: Offsetting for Negative Margins
Comment 5: By-Product Offset
Comment 6: Calculation of Brokerage and Handling Cost
Comment 7: Steel Wire Rod Inputs
Comment 8: Financial Ratios
Comment 9: Valuation of Steel Scrap
Comment 10: Hydrochloric Acid
Comment 11: Joint Venture
Comment 12: Application of Overhead to COM
[FR Doc. E5-2465 Filed 5-16-05; 8:45 am]
BILLING CODE 3510-DS-S