[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3779-3781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01304]


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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: Preliminary Results of Antidumping Duty Administrative 
Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

DATES: Effective Date: January 23, 2014.
SUMMARY: The Department of Commerce (the Department) is currently 
conducting an administrative review of the antidumping duty order on 
hand trucks and certain parts thereof (hand trucks) from the People's 
Republic of China (PRC) covering the period of review (POR) of December 
1, 2011, through November 30, 2012. We preliminarily determine that 
sales made by New-Tec Integration (Xiamen) Co., Ltd. (New-Tec) were not 
below normal value (NV). In addition, we preliminarily determine that 
Yangjiang Shunhe Industrial Co., Ltd. (Shunhe) had no shipments during 
the POR (see ``Preliminary Determination of No Shipments,'' infra). We 
invite interested parties to comment on these preliminary results.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke, or Robert James, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4947 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Postponement of Preliminary Determination

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\1\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. Accordingly, the revised deadline for

[[Page 3780]]

the preliminary results of this review is now January 16, 2014.
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    \1\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, Deadlines Affected by the 
Shutdown of the Federal Government,'' dated October 18, 2013.
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Scope of the Order

    The merchandise subject to the Order \2\ 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.\3\ 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 and 8716.90.50.60. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written product description remains dispositive.
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    \2\ See Notice of Antidumping Duty Order: Hand Trucks and 
Certain Parts Thereof From the People's Republic of China, 69 FR 
70122 (December 2, 2004) (Order).
    \3\ For a complete description of the Scope of the Order, see 
the Memorandum to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, titled ``Preliminary 
Decision Memorandum for the Administrative Review of Hand Trucks and 
Certain Parts Thereof from the People's Republic of China; 2011-
2012,'' dated concurrently with and adopted by this notice 
(``Preliminary Decision Memorandum'').
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Preliminary Determination of No Shipments

    On February 26, 2013, we received a certification of no shipments 
from Shunhe. On May 1, 2013, we placed on the record data from Customs 
and Border Protection (CBP) and received comments from Shunhe on May 8, 
2013. On June 21, 2013, we placed on the record CBP Entry documents and 
received comments from Shunhe on June 28, 2013. On September 4, 2013, 
Shunhe requested rescission of the review with respect to Shunhe.
    Based on certification from Shunhe, our analysis of CBP 
information, and information contained in Shunhe's request to rescind 
the review, we preliminarily find that Shunhe has no reviewable entries 
during the POR. Moreover, the Department finds that consistent with its 
announced refinement to its assessment practice in non-market economy 
(NME) cases, as further discussed below, it is appropriate not to 
rescind the review, in part, in these circumstances but, rather, to 
complete the review with respect to this company and issue appropriate 
instructions to CBP based on the final results of the review.\4\
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    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
``Assessment Rates'' section below.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export 
price is calculated in accordance with section 772 of the Act. Because 
the PRC is a non-market economy within the meaning of section 771(18) 
of the Act, normal value has been calculated in accordance with section 
773(c) of the Act. Specifically, the respondent's factors of production 
have been valued using Thailand prices (when available) because the 
Department has preliminarily determined that Thailand is at the PRC's 
level of economic development and a significant producer of comparable 
merchandise. For a full discussion of the Department's surrogate 
country selection, please see the memorandum from Scott Hoefke to the 
file entitled, ``Antidumping Duty Administrative Review of Hand Trucks 
and Certain Parts Thereof From the People's Republic of China: 
Selection of a Surrogate Country'' (Country Selection Memorandum), 
dated concurrently with the Preliminary Decision Memorandum. In 
addition, for a full discussion of the surrogate values selected, 
please see memorandum entitled ``Hand Trucks and Certain Parts Thereof 
from the People's Republic of China: Surrogate-Value Memorandum,'' 
dated concurrently with the Preliminary Decision Memorandum. 
Additionally, for a full discussion of the methodology underlying our 
conclusions in these preliminary results, please see the Preliminary 
Decision Memorandum. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://www.trade.gov/enforcement/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Preliminary Results of the Review

    The Department has determined that the following preliminary 
dumping margins exist for the period December 1, 2011, through November 
30, 2012:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                       margin
                                                              (percent)
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New-Tec Integration (Xiamen) Co., Ltd.....................         0.00
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Disclosure and Public Comment

    The Department intends to disclose to parties to this proceeding 
the calculations performed in reaching the preliminary results within 
five days after the date of publication of these preliminary 
results.\5\ Interested parties may submit written comments no later 
than 30 days after the publication of the preliminary results. 
Rebuttals to written comments may be filed no later than five days 
after the written comments are filed.\6\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c) and (d).
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    Parties who submit case briefs or rebuttal briefs in this 
proceeding are requested to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\7\
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    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice. Hearing requests should contain the 
following information: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the case briefs. If a request for a hearing is made, parties will be 
notified of the date and time for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\8\
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    \8\ See 19 CFR 351.310(c).
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    The Department intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised in any briefs, within 120 days after the publication of 
these preliminary results, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h)(1).

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value FOPs under 19 CFR 
351.408(c) is 20 days after the date of publication of these 
preliminary results. In accordance with 19 CFR 351.301(c)(1), if an 
interested party submits factual information less than ten days before, 
on, or after (if the Department has extended the deadline),

[[Page 3781]]

the applicable deadline for submission of such factual information, an 
interested party may submit factual information to rebut, clarify, or 
correct the factual information no later than ten days after such 
factual information is served on the interested party. However, the 
Department generally will not accept in the rebuttal submission 
additional or alternative surrogate value information not previously on 
the record, if the deadline for submission of surrogate value 
information has passed.\9\ Furthermore, the Department generally will 
not accept business proprietary information in either the surrogate 
value submissions or the rebuttals thereto, as the regulation regarding 
the submission of surrogate values allows only for the submission of 
publicly available information.\10\
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    \9\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, In Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \10\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    In accordance with 19 CFR 351.212(b), upon issuing the final 
results of the review, the Department shall determine, and CBP shall 
assess, antidumping duties on all appropriate entries. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of review. For any individually 
examined respondents whose weighted-average dumping margin is above de 
minimis, we will calculate importer-specific ad valorem duty assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1).\11\
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    \11\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. On October 
24, 2011, the Department announced a refinement to its assessment 
practice in NME cases. Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually examined during this review, the Department will 
instruct CBP to liquidate such entries at the PRC-wide rate. In 
addition, if the Department determines that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the PRC-wide rate.\12\
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    \12\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for New-Tec, which 
has a separate rate, will be that established in the final results of 
this review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required); (2) for any previously reviewed or 
investigated PRC and non-PRC exporter not listed above that received a 
separate rate in a previous segment of this proceeding, the cash 
deposit rate will continue to be the existing exporter-specific rate; 
(3) for all PRC exporters that have not been found to be entitled to a 
separate rate, the cash deposit rate will be that for the PRC-wide 
entity (i.e., 383.60 percent); and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied the non-PRC exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: January 14, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
3. Preliminary Determination of No Shipments
4. Non-Market-Economy Country Status
5. Separate Rates Determination
6. Absence of De Jure Control
7. Absence of De Facto Control
8. Surrogate Country
9. Fair Value Comparisons
10. U.S. Price
11. Normal Value
12. Factors Valuation
13. Currency Conversion

[FR Doc. 2014-01304 Filed 1-22-14; 8:45 am]
BILLING CODE 3510-DS-P