[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Notices]
[Pages 36083-36086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15448]


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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: Final Results and Final Rescission in Part, of Antidumping 
Duty Administrative Review

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


DATES: Effective Date: June 21, 2011.
SUMMARY: On January 14, 2011, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of administrative review of the antidumping duty order on hand trucks 
and certain parts thereof from the People's Republic of China (PRC). 
See Hand Trucks and Certain Parts Thereof from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Intent to Rescind in Part, 76 FR 2648 (January 14, 2011) 
(Preliminary Results). Based upon our analysis of the comments, we made 
changes to the margin calculations for the final results.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Scott Hoefke, 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;

[[Page 36084]]

telephone: (202) 482-2924, (202) 482-4947 or (202) 482-0649, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 14, 2011, the Department published the preliminary 
results of administrative review of the antidumping duty order on hand 
trucks and certain parts thereof from the PRC. On February 3, 2011, 
Gleason Industrial Products, Inc., and Precision Products, Inc. 
(petitioners) and New-Tec Integration (Xiamen) Co., Ltd. (New-Tec) 
submitted additional surrogate value (SV) information. On February 14, 
2011, New-Tec submitted rebuttal comments on the surrogate value 
information petitioners submitted on February 3. On February 17, 2011, 
petitioners submitted rebuttal comments on the surrogate value 
information New-Tec submitted on February 3, 2011. On February 28, 
2011, New-Tec submitted factual information to rebut, clarify, or 
correct the factual information submitted by the petitioners on 
February 17, 2011.
    In the preliminary results, the Department invited interested 
parties to submit case briefs within 30 days of publication of the 
preliminary results and rebuttal briefs within five days after the due 
date for filing case briefs. See Preliminary Results, 76 FR at 2654. On 
January 21, 2011, the Department extended the due date for case briefs 
and rebuttal briefs by one week. We received a case brief from 
petitioners on February 22, 2011, and rebuttal briefs from New-Tec and 
Cosco Home and Office Products, a U.S. importer, on March 1, 2011.
    On February 14, 2011, petitioners also submitted comments on the 
Department's preliminary intent to rescind the review with respect to 
Yangjiang Shunhe Industrial Co. (Yangjiang Shunhe). Also on February 
14, 2011, petitioners requested the Department hold a public hearing to 
discuss the preliminary results. Petitioners withdrew their request for 
a hearing on March 9, 2011. Therefore, we did not hold a hearing.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the memorandum entitled, ``Hand Trucks and 
Certain Parts Thereof From the People's Republic of China: Issues and 
Decision Memorandum for the Final Results of 2008-2009 Administrative 
Review,'' which is dated concurrently with and adopted by this notice 
(Decision Memorandum). A list of the issues which parties raised, and 
to which we respond in the Decision Memorandum is attached to this 
notice as an Appendix. The Decision Memorandum is a public document, 
and is on file in the Central Records Unit (CRU), Main Commerce 
Building, Room 7046, and is accessible on the Department's Web site at 
http://www.trade.gov/ia. The paper copy and electronic version of the 
memorandum are identical in content.

Period of Review

    The period of review (POR) is December 31, 2008, through November 
30, 2009.

Scope of the Order

    The merchandise subject to this antidumping duty order consists of 
hand trucks manufactured from any material, whether assembled or 
unassembled, complete or incomplete, suitable for any use, and certain 
parts thereof, namely the vertical frame, the handling area and the 
projecting edges or toe plate, and any combination thereof. A complete 
or fully assembled hand truck is a hand-propelled barrow consisting of 
a vertically disposed frame having a handle or more than one handle at 
or near the upper section of the vertical frame; at least two wheels at 
or near the lower section of the vertical frame; and a horizontal 
projecting edge or edges, or toe plate, perpendicular or angled to the 
vertical frame, at or near the lower section of the vertical frame. The 
projecting edge or edges, or toe plate, slides under a load for 
purposes of lifting and/or moving the load.
    That the vertical frame can be converted from a vertical setting to 
a horizontal setting, then operated in that horizontal setting as a 
platform, is not a basis for exclusion of the hand truck from the scope 
of this petition. That the vertical frame, handling area, wheels, 
projecting edges or other parts of the hand truck can be collapsed or 
folded is not a basis for exclusion of the hand truck from the scope of 
the petition. That other wheels may be connected to the vertical frame, 
handling area, projecting edges, or other parts of the hand truck, in 
addition to the two or more wheels located at or near the lower section 
of the vertical frame, is not a basis for exclusion of the hand truck 
from the scope of the petition. Finally, that the hand truck may 
exhibit physical characteristics in addition to the vertical frame, the 
handling area, the projecting edges or toe plate, and the two wheels at 
or near the lower section of the vertical frame, is not a basis for 
exclusion of the hand truck from the scope of the petition.
    Examples of names commonly used to reference hand trucks are hand 
truck, convertible hand truck, appliance hand truck, cylinder hand 
truck, bag truck, dolly, or hand trolley. They are typically imported 
under heading 8716.80.50.10 of the Harmonized Tariff Schedule of the 
United States (HTSUS), although they may also be imported under heading 
8716.80.50.90. Specific parts of a hand truck, namely the vertical 
frame, the handling area and the projecting edges or toe plate, or any 
combination thereof, are typically imported under heading 8716.90.50.60 
of the HTSUS. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the Department's written description 
of the scope is dispositive.
    Excluded from the scope are small two-wheel or four-wheel utility 
carts specifically designed for carrying loads like personal bags or 
luggage in which the frame is made from telescoping tubular materials 
measuring less than \5/8\ inch in diameter; hand trucks that use 
motorized operations either to move the hand truck from one location to 
the next or to assist in the lifting of items placed on the hand truck; 
vertical carriers designed specifically to transport golf bags; and 
wheels and tires used in the manufacture of hand trucks.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from parties 
regarding our Preliminary Results, we have made revisions to certain 
SVs and the margin calculation for New-Tec in these final results. We 
made the following changes:
     We used the 2009-10 financial statement of Rexello Castors 
Private, Ltd., for calculating financial ratios;
     We revised our calculation of brokerage and handling to 
take into account the weight of the hand truck.

Separate Rates Determination

    In our Preliminary Results, we determined that New-Tec met the 
criteria for separate rate status. We have not received any information 
since issuance of the preliminary results that provides a basis for 
reconsidering this preliminary determination. Therefore, the Department 
continues to find that New-Tec meets the criteria for a separate rate.

Final Partial Rescission

    In the Preliminary Results, the Department preliminarily rescinded 
this review with respect to Yangjiang Shunhe and Century Distribution 
Systems, Inc. (Century Distribution) because the Department 
preliminarily determined that they had no shipments of subject 
merchandise to the United States during the POR. On February 14,

[[Page 36085]]

2011, petitioners submitted comments alleging that there was 
substantial evidence on the record that Yangjiang Shunhe did have 
shipments of subject merchandise to the United States during the POR. 
We have addressed petitioners' comments in the Decision Memorandum at 
Comment 9. Based on our review of the record we affirm our previous 
determination that there is no record evidence that Yangjiang Shunhe 
had shipments of subject merchandise to the United States during the 
POR. Thus, in accordance with 19 CFR 351.213(d)(3), and consistent with 
our practice, we are rescinding this review with respect to Yangjiang 
Shunhe and Century Distribution.

Use of Adverse Facts Available (AFA)

    In accordance with section 776(b) of the Act, we determine that the 
use of AFA as the basis for the weighted-average dumping margin is 
appropriate for the PRC-wide entity. As explained in the Preliminary 
Results, Sunshine International Corporation (Sunshine International), 
Zhejiang Yinmao Import and Export Co. (Zhejiang Yinmao), and Qingdao 
Huazhan Hardware and Machinery Co., Ltd. (Qingdao Huazhan), did not 
submit any information on the record regarding their separate-rate 
status, and did not respond to requests for information from the 
Department. As such, they have not rebutted the presumption of PRC-
government control, and do not qualify for a separate rate. Therefore, 
the Department continues to find that they should be treated as part of 
the PRC-wide entity.
    Because we have determined that Sunshine International, Zhejiang 
Yinmao, and Qingdao Huazhan are part of the PRC-wide entity, the PRC-
wide entity is under review. Pursuant to section 776(a)(2)(A) and (C) 
of the Act, we find that Sunshine International, Zhejiang Yinmao, and 
Qingdao Huazhan failed to respond to the Department's questionnaires, 
withheld information requested by the Department, and impeded the 
conduct of this review. Accordingly, the Department continues to find 
that it is appropriate to base the dumping margin of the PRC-wide 
entity on the facts otherwise available on the record. Further, because 
the failure of Sunshine International, Zhejiang Yinmao, and Qingdao 
Huazhan to provide requested information constitutes circumstances 
under which it is reasonable to conclude that less than full 
cooperation has been shown, pursuant to section 776(b) of the Act, the 
Department has determined that, when selecting from among the facts 
otherwise available, an adverse inference is warranted with respect to 
the PRC-wide entity. See Preliminary Results, 76 FR at 2653.
    As AFA, we have assigned 383.60 percent to the PRC-wide entity. 
This rate was assigned in the less-than-fair-value investigation of 
this proceeding, and is the highest rate determined for any party in 
any segment of this proceeding. Furthermore, as required by section 
776(c) of the Act, we corroborated this margin with respect to the PRC-
wide entity, to the extent practicable. For a detailed explanation of 
how we corroborated this margin, see Preliminary Results, 76 FR at 
2654.

Final Results of the Review

    The Department has determined that the following margin exists for 
the period December 1, 2008, through November 30, 2009:

------------------------------------------------------------------------
                                                            Weighted-
                       Exporter                          average margin
                                                            (percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd.................              0.00
PRC-wide Entity.......................................            383.60
------------------------------------------------------------------------

Assessment Rates

    Consistent with these final results, and pursuant to section 
751(a)(2)(B) of the Act and 19 CFR 351.212(b)(1), the Department will 
direct CBP to assess antidumping duties on all appropriate entries. The 
Department will issue appropriate assessment instructions to CBP 15 
days after the date of publication of the final results of this review. 
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific 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 if 
any importer-specific assessment rate calculated in the final results 
of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will be 
effective upon publication of the final results of this review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) The cash-deposit rate for each of 
the reviewed companies that received a separate rate in this review 
will be the rate listed in the final results of this review (except 
that if the rate for a particular company is de minimis, i.e., less 
than 0.5 percent, no cash deposit will be required for that company); 
(2) for previously investigated companies not listed above, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period of review; (3) if the exporter is a firm not 
covered in this review, a prior review, or the original less-than-fair-
value investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the subject merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will be the PRC-wide rate of 
383.60 percent. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    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 POR. 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.

Administrative Protective Order

    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 this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 13, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

Comment 1. Whether to Value Certain Inputs Using Purchases from 
Market-Economy Suppliers.
Comment 2. Use of Godrej & Boyce Manufacturing Co., Ltd. (Godrej & 
Boyce) Financial Statements.

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Comment 3. Use of the 2009-2010 Financial Statements of Rexello 
Castors Private Ltd. (Rexello).
Comment 4. 2004-2005 Financial Statements of Rexello and 2006-2007 
Financial Statements of Infiniti Modules Private Ltd. (Infinite 
Modules).
Comment 5. Surrogate Value for Hot-Rolled Steel.
Comment 6. Sample Sales.
Comment 7. Whether to Deduct Warranty Expenses from U.S. Price.
Comment 8. Whether to Revise the Calculation of Domestic Brokerage 
and Handling Expenses.
Comment 9. Whether to Rescind the Review with Respect to Yangjiang 
Shunhe Industrial Co.

[FR Doc. 2011-15448 Filed 6-20-11; 8:45 am]
BILLING CODE 3510-DS-P