[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Notices]
[Pages 42392-42393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14923]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-891]


Hand Trucks and Certain Parts Thereof From the People's Republic 
of China: Initiation of New Shipper Review

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

DATES: Effective Date: August 2, 2007.

SUMMARY: The Department of Commerce (the ``Department'') has determined 
that the request for a new shipper review of

[[Page 42393]]

the antidumping duty order on hand trucks and certain parts thereof 
(``Hand Trucks'') from the People's Republic of China (``PRC''), 
received July 2, 2007, meets the statutory and regulatory requirements 
for initiation. The period of review (``POR'') of this new shipper 
review is December 1, 2006, through May 31, 2007.

FOR FURTHER INFORMATION CONTACT: Matthew Quigley or Robert Bolling, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4551 or (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on hand trucks 
from the PRC was published on December 2, 2004. See Antidumping Duty 
Order: Hand Trucks and Certain Parts Thereof From the People's Republic 
of China, 69 FR 70122 (December 2, 2004). On July 2, 2007, we received 
a new shipper review request from New-Tec Integration (Xiamen) Co., 
Ltd. (``New-Tec''). New-Tec certified that it is both the producer and 
exporter of the subject merchandise upon which the respective request 
for a new shipper review is based.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, 
as amended (the ``Act''), and 19 CFR 351.214(b)(2)(i), New-Tec 
certified that it did not export hand trucks to the United States 
during the period of investigation (``POI''). In addition, pursuant to 
section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), New-Tec certified that, since the initiation of 
the investigation, it has never been affiliated with any exporter or 
producer who exported hand trucks to the United States during the POI, 
including those not individually examined during the investigation. As 
required by 19 CFR 351.214(b)(2)(iii)(B), New-Tec also certified that 
its export activities were not controlled by the central government of 
the PRC.
    In addition to the certifications described above, New-Tec 
submitted documentation establishing the following: (1) The date on 
which it first shipped hand trucks for export to the United States; (2) 
the volume of its first shipment; and (3) the date of its first sale to 
an unaffiliated customer in the United States.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), we find that the request submitted by New-Tec meets the 
threshold requirements for initiation of a new shipper review for 
shipments of hand trucks from the PRC produced and exported by New-Tec.
    The POR is December 1, 2006, through May 31, 2007. See 19 CFR 
351.214(g)(1)(i)(B). We intend to issue preliminary results of this 
review no later than 180 days from the date of initiation, and final 
results no later than 90 days from the date the preliminary results are 
issued. See section 751(a)(2)(B)(iv) of the Act.
    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue a questionnaire to New-Tec, including a separate-rate section. 
The review will proceed if the response provides sufficient indication 
that New-Tec is not subject to either de jure or de facto government 
control with respect to its exports of hand trucks. However, if New-Tec 
does not demonstrate its eligibility for a separate rate, it will be 
deemed not separate from other companies that exported during the POI, 
and its new shipper review will be rescinded.
    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct U.S. Customs and Border 
Protection to collect a bond or other security in lieu of a cash 
deposit in a new shipper review. Therefore, the posting of a bond or 
other security under section 751(a)(2)(B)(iii) of the Act in lieu of a 
cash deposit is not available in this case. Importers of hand trucks 
produced by and exported by New-Tec must continue to post cash deposits 
of estimated antidumping duties on each entry of subject merchandise 
(i.e., hand trucks) at the PRC-wide entity rate of 383.6 percent.
    Interested parties that need access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: July 26, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-14923 Filed 8-1-07; 8:45 am]
BILLING CODE 3510-DS-P