[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33246-33248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14365]


-----------------------------------------------------------------------

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 and 
Rescission of Review in Part; 2012-2013

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

SUMMARY: On September 8, 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 trucks) from the People's 
Republic of China (PRC).\2\ The period of review (POR) is December 1, 
2012, through November 30, 2013. This administrative review covers 
three exporters of the

[[Page 33247]]

subject merchandise: New-Tec Integration (Xiamen) Co., Ltd. (New-Tec); 
Yangjiang Shunhe Industrial Co. (Shunhe); and Full Merit Enterprise 
Limited (Full Merit).
---------------------------------------------------------------------------

    \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; 2012-2013, 79 FR 53167 (September 8, 2014) 
(Preliminary Results).
---------------------------------------------------------------------------

    Based upon our analysis of the comments and information received 
following the Preliminary Results, 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. We continue to find that Shunhe is part of the PRC-wide entity 
(see ``No Shipments Claim,'' infra). In addition, we are rescinding 
this review with respect to Full Merit at this time (see ``Rescission 
of Review, in Part,'' infra).

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.

DATES: Effective Date: June 11, 2015.

SUPPLEMENTARY INFORMATION: 

Background

    On September 8, 2014, the Department published in the Federal 
Register the Preliminary Results of the 2012-2013 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 October 8, 2014, Cosco Home and Office 
Products (Cosco), a U.S. importer, submitted a case brief. No other 
comments were submitted to the Department.

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\
---------------------------------------------------------------------------

    \3\ See Memorandum to Ronald K. Lorentzen, ``Hand Trucks and 
Certain Parts Thereof from the People's Republic of China: Issues 
and Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review; 2012-2013'' (Issues and Decision Memorandum), 
dated concurrently with and adopted by this notice, for a complete 
description of the Scope of the Order.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised 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 (ACCESS).\4\ ACCESS is available 
to registered users at http://access.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.
---------------------------------------------------------------------------

    \4\ On November 2, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (IA ACCESS) to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

No Shipments Claim

    Shunhe submitted certifications of no shipments. Because Shunhe 
was, at the outset of this administrative review, and continues to be 
part of the PRC-wide entity in this administrative review, the 
Department did not make a determination of no shipments.\5\ Subsequent 
to the Preliminary Results, the Department did not receive any 
information that indicated anything to the contrary. The Department 
therefore finds for these final results that Shunhe continues to remain 
part of the PRC-wide entity.
---------------------------------------------------------------------------

    \5\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at 3.
---------------------------------------------------------------------------

Rescission of Review, in Part

    In the Preliminary Results, the Department noted that it would 
rescind the review with respect to Full Merit in the final results if 
the PRC-wide entity did not come under review in this administrative 
review. Subsequent to the Preliminary Results, the Department did not 
receive any comments or information which indicated that Full Merit or 
the PRC-wide entity should be reviewed. Therefore, pursuant to 19 CFR 
351.213(d)(1), we are rescinding the administrative review with respect 
to this company.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from an 
interested party regarding our Preliminary Results, we made certain 
revisions to the margin calculations for New-Tec. Specifically, the 
Department adjusted financial ratio calculations for surrogate values 
and adjusted the surrogate values for energy.\6\
---------------------------------------------------------------------------

    \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'' 
(January 6, 2015).
---------------------------------------------------------------------------

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 the issuance of the Preliminary Results that provides a basis for 
reconsidering this preliminary finding. 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, 2012, through November 30, 2013:

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

Disclosure

    The Department will disclose to parties in this proceeding the 
calculations performed within five days after the date of publication 
of this notice in accordance with 19 CFR 351.224(b).

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 U.S. Customs and Border Protection (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

[[Page 33248]]

intends to issue appropriate assessment instructions to CBP 15 days 
after the date of publication of the final results of this review. 
Because we have calculated a zero margin for New-Tec in the final 
results of this review, 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.\7\ 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 PRC-wide rate.\8\
---------------------------------------------------------------------------

    \7\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \8\ Id.
---------------------------------------------------------------------------

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.
    We are issuing and publishing this final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i)(1) 
of the Act and 19 CFR 351.213(h).

    Dated: June 4, 2015.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Comments Discussed in the Accompanying Final Issues and 
Decision Memorandum

Summary
Background
Scope of the Order
No Shipments Claim
Rescission in Part
Discussion of the Issues
    Comment 1: Whether to use TS Steel's Financial Statement
    Comment 2: Whether to use Thai Trolley's Financial Statement
    Comment 3: Use of Jenbunjerd's Financial Statement
    Comment 4: Surrogate Values for Energy
Recommendation

[FR Doc. 2015-14365 Filed 6-10-15; 8:45 am]
 BILLING CODE 3510-DS-P