[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Notices]
[Pages 44008-44010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17872]


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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 of Antidumping Duty Administrative Review; 
2011-2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 23, 2014, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of the administrative review of the antidumping duty order \1\ on hand 
trucks and certain parts thereof (hand

[[Page 44009]]

trucks) from the People's Republic of China (PRC).\2\ The period of 
review (POR) is December 1, 2011, through November 30, 2012. This 
review covers two exporters of the subject merchandise, New-Tec 
Integration (Xiamen) Co., Ltd. (New-Tec) and Yangjiang Shunhe 
Industrial Co., Ltd. (Shunhe). 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 margin calculations for these final results. The final dumping 
margin is listed below in the ``Final Results of the Review'' section 
of this notice. In addition, we continue to find that Shunhe had no 
shipments during the POR (see ``Final Determination of No Shipments,'' 
infra).
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    \1\ 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).
    \2\ See Hand Trucks and Certain Parts Thereof From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2011-2012, 79 FR 3779 (January 23, 2014) 
(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-
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4947 or (202) 482-0649, respectively.

DATES: Effective Date: July 29, 2014.

SUPPLEMENTARY INFORMATION: 

Background

    On January 23, 2014, the Department published in the Federal 
Register the Preliminary Results of the 2011-2012 administrative review 
of the antidumping duty order on hand trucks from the PRC. In 
accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment 
on our Preliminary Results. On February 12, 2014, Gleason Industrial 
Products, Inc., and Precision Products, Inc. (collectively, 
petitioners) and Cosco Home and Office Products (Cosco) submitted 
surrogate value (SV) comments. On February 24, 2014, Cosco submitted SV 
rebuttal comments. On February 24, 2014, petitioners and Cosco 
submitted case briefs. On March 3, 2014 and March 4, 2014, petitioners 
and Cosco submitted rebuttal briefs, respectively.

Scope of the Order

    The merchandise subject to the 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. 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. A full description 
of the scope of the order is contained in the Final Issues and Decision 
Memorandum dated concurrently with and hereby adopted by this 
notice.\3\
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    \3\ See Memorandum to Paul Piquado, ``Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review of Hand Trucks and Certain Parts Thereof from 
the People's Republic of China'' (July 22, 2014) (Issues and 
Decision Memorandum), dated concurrent with and adopted by this 
notice, for a complete description of the Scope of the Order.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this administrative review are listed in the Appendix to this notice 
and addressed in the Issues and Decision Memorandum. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which is 
electronically available 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 is available to all parties in the Central 
Records Unit, Room 7046, of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Final Determination of No Shipments

    For these final results of review, we continue to find that Shunhe 
had no shipments during the POR.\4\ Consistent with the Department's 
refinement to its assessment practice in non-market economy (NME) cases 
regarding no shipment claims, we are completing the administrative 
review with respect to Shunhe and will issue appropriate instructions 
to U.S. Customs and Border Protection (CBP) based on the final results 
of the administrative review.\5\
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    \4\ See id.
    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the 
``Assessment Rates'' section below.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
revisions to the margin calculations for New-Tec. Specifically, the 
Department used financial statements of Jenbunjerd Co. Ltd. and Office 
Thai Online Co. Ltd. for 2012; valued a factor of production that had 
been omitted during the Preliminary Results; changed the Thai 
Harmonized Tariff Schedule heading for the surrogate value of labels; 
and we adjusted the calculation of the surrogate value for inland 
freight, and brokerage and handling.\6\
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    \6\ See Issues and Decisions Memorandum; see also Memorandum to 
the File, ``Analysis for the Final Results of Hand Trucks and 
Certain Parts Thereof from the People's Republic of China: New-Tec'' 
(July 22, 2014).
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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 Results of the Review

    The Department determines that the following final dumping margin 
exists for the period December 1, 2011, through November 30, 2012:

------------------------------------------------------------------------
                                                            Weighted-
                        Exporter                          average margin
                                                            (percent)
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New-Tec Integration (Xiamen) Co., Ltd..................            0.00
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Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b), the Department determines, 
and CBP shall assess, antidumping duties on all appropriate entries of 
subject merchandise and deposits of estimated duties, where applicable, 
in accordance with the final results of this review. The Department 
intends to issue appropriate assessment instructions to CBP 15 days 
after the date of publication of the final results of this review.
    For each individually examined respondent in this review whose 
weighted-average dumping margin is above de minimis (i.e., 0.05 
percent) in

[[Page 44010]]

the final results of this review the Department will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1).\7\ Where an importer-(or customer-specific per-unit rate 
is greater than de minimis, the Department will instruct CBP to collect 
the appropriate duties at the time of liquidation. Where either a 
respondent's weighted average dumping margin is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\8\
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    \7\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77FR 8101 (February 14, 2012).
    \8\ See id.
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    In 2011, the Department announced a refinement to its assessment 
practice in NME cases.\9\ 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 NME-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 NME-wide rate.\10\
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    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \10\ See id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided for by 
section 751(a)(2)(C) of the Act: (1) for subject merchandise exported 
by New-Tec, which has a separate rate, the cash deposit 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 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 the POR. Failure to comply with this 
requirement could result in the Department'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 order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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.

Disclosure

    The Department will disclose the calculations performed within five 
days of the date of publication of this notice to parties in this 
proceeding in accordance with 19 CFR 351.224(b). We are issuing and 
publishing this administrative review and notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Comments Discussed in the Accompanying Final Issues and 
Decision Memorandum:
Summary
Scope of the Order
List of Comments
Discussion of Issues
    Comment 1: Whether To Value Certain Inputs Using Purchases from 
Market-Economy Suppliers
    Comment 2: Surrogate Country
    Comment 3: Whether To Use Thai Trolley's Financial Statement
    Comment 4: Whether To Use 2012 Thai Financial Statements
    Comment 5: Use of Jenbunjerd's Financial Statement
    Comment 6: Omitted Factor of Production value
    Comment 7: Alternative Surrogate Values for Factors of 
Production
    Comment 8: Alternative Surrogate Freight and Brokerage 
Methodologies Recommendation

[FR Doc. 2014-17872 Filed 7-28-14; 8:45 am]
BILLING CODE 3510-DS-P