[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Page 31911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15825]


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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: Notice of Rescission of Antidumping Duty New Shipper Review

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

SUMMARY: In response to a request from ABC Tools MFG. CORP (ABC Tools), 
the Department of Commerce (the Department) published a Federal 
Register notice announcing the initiation of a new shipper review of 
the antidumping duty order on hand trucks and certain parts thereof 
from the People's Republic of China (PRC) for the period December 1, 
2007, through November 30, 2008. On June 3, 2009, ABC Tools withdrew 
its request for a new shipper review and therefore, we are rescinding 
this new shipper review with respect to ABC Tools.

EFFECTIVE DATE: July 6, 2009.

FOR FURTHER INFORMATION CONTACT: David Cordell 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) 482-0408 
or (202) 482-0649 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 22, 2009, the Department received a timely request from 
ABC Tools in accordance with section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.214(c), for a new shipper 
review of the antidumping duty order on hand trucks and certain parts 
thereof from the PRC. On January 22, 2009, the Department found that 
the request for review with respect to ABC Tools met all of the 
regulatory requirements set forth in 19 CFR 351.214(b) and initiated an 
antidumping duty new shipper review. See Hand Trucks and Certain Parts 
Thereof from the People's Republic of China: Initiation of New Shipper 
Review, 74 FR 5144 (January 29, 2009) (Initiation Notice). On June 3, 
2009, ABC Tools withdrew its request for a new shipper review.

Rescission of New Shipper Review

    Section 351.214(f)(1) of the Department's regulations provides that 
the Department may rescind a new shipper review if the party that 
requested the review withdraws its request for review within 60 days of 
the date of publication of the notice of initiation of the requested 
review. Although ABC Tools withdrew its request after the 60-day 
deadline, we find it reasonable to extend the deadline because we have 
not yet committed significant resources to the ABC Tools new shipper 
review (e.g., we have not issued our preliminary results). Further, in 
this instance, no other company would be affected by a rescission, and 
we have received no objections from any party to ABC Tools' withdrawal 
of its request for this new shipper review. Based upon the above, we 
are rescinding the new shipper review of the antidumping duty order on 
hand trucks and certain parts from PRC with respect to ABC Tools. As 
the Department is rescinding this new shipper review, we are not 
calculating a company-specific rate for ABC Tools, and ABC Tools will 
remain part of the PRC-wide entity.

Notifications

    Because ABC Tools is still under review as part of the PRC-wide 
entity in the ongoing administrative review, the Department will not 
order liquidation of entries for ABC Tools. The Department intends to 
issue liquidation instructions for the PRC-wide entity which will cover 
any entries by ABC Tools, 15 days after publication of the final 
results of the ongoing administrative review.
    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 the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destructions of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a). 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 this determination and notice in 
accordance with section 777(i) of the Act and 19 CFR 351.214(f)(3).

    Dated: June 29, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-15825 Filed 7-2-09; 8:45 am]
BILLING CODE 3510-DS-S