Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1835 

9See 19 CFR 351.310(c). 

1See Initiation of Antidumping Duty and 

Countervailing Duty Administrative Reviews and 

Requests for Revocation in Part, 77 FR 4759 

(January 24, 2012) (Initiation Notice). 

iaaccess.trade.gov and in the Central 

Records Unit, room 7046 of the main 

Department of Commerce building. An 

electronically filed document must be 

received successfully in its entirety by 

the Department’s electronic records 

system, IA ACCESS, by 5:00 p.m. 

Eastern Standard Time, within 30 days 

after the date of publication of this 

notice.9 Requests should contain: (1) 

The party’s name, address and 

telephone number; (2) the number of 

participants; and (3) a list of issues to be 

discussed. Issues raised in the hearing 

will be limited to those raised in the 

respective case briefs. The Department 

intends to issue the final results of this 

administrative review, including the 

results of its analysis of the issues raised 

in any written briefs, not later than 120 

days after the date of publication of this 

notice, pursuant to section 751(a)(3)(A) 

of the Act. 

Assessment Rates 

Upon issuance of the final results, the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review. The Department intends to issue 

assessment instructions to CBP 15 days 

after the publication date of the final 

results of this review. Additionally, 

pursuant to a recently announced 

refinement to its assessment practice in 

NME cases, if the Department continues 

to determine 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. For 

a full discussion of this practice, see 

Non-Market Economy Antidumping 

Proceedings: Assessment of 

Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

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 the 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withdrawn from warehouse, for 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 TMI, 

which claimed no shipments, the cash 

deposit rate will remain unchanged 

from the rate assigned to TMI in the 

most recently completed review of the 

company; (2) for previously investigated 

or reviewed PRC and non-PRC exporters 

who are not under review in this 

segment of the proceeding but who have 

separate rates, the cash deposit rate will 

continue to be the exporter-specific rate 

published for the most recent period; (3) 

for all PRC exporters of subject 

merchandise that have not been found 

to be entitled to a separate rate, the cash 

deposit rate will be the PRC-wide rate 

of 141.49 percent; and (4) for all nonPRC exporters of subject merchandise 

which have not received their own rate, 

the cash deposit rate will be the rate 

applicable to the PRC exporter(s) that 

supplied that non-PRC exporter. These 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice also 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 

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 administrative review and notice 

are in accordance with sections 

751(a)(1) and 777(i) of the Act and 19 

CFR 351.213. 

Dated: December 14, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2013–00270 Filed 1–8–13; 8:45 am] 

BILLING CODE 3510–DS–P 

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 the 2010–2011 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: January 9, 2013. 

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, 2010, 

through November 30, 2011. We 

preliminarily determine that sales made 

by New-Tec Integration (Xiamen) Co., 

Ltd. (New-Tec) were below normal 

value (NV). In addition, we are not 

rescinding this review with respect to 

WelCom Products, Inc. (WelCom), 

Yangjiang Shunhe Industrial Co., Ltd. 

and Yangjiang Shunhe Industrial & 

Trade Co., Ltd. (collectively, Shunhe), 

and Yuhuan Tongsheng Industry 

Company (Tongsheng) at this time (see 

‘‘Intent Not to Rescind in Part,’’ infra). 

We invite interested parties to comment 

on these preliminary results. 

FOR FURTHER INFORMATION CONTACT: 

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; 

telephone: (202) 482–4947 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

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 

only, the written product description, 

available in Notice of Antidumping Duty 

Order: Hand Trucks and Certain Parts 

Thereof From the People’s Republic of 

China, 69 FR 70122 (December 2, 2004), 

remains dispositive. 

Intent Not To Rescind Review in Part 

For those companies named in the 

Initiation Notice 1 for which all review 

requests have been withdrawn, but 

which have not previously received 

separate rate status, the Department’s 

practice is to refrain from rescinding the 

review with respect to these companies 

at this time. Both Tongsheng and 

WelCom timely withdrew their requests 

for review. While the requests for 

review were timely withdrawn, the 

companies remain part of the PRC-wide 

entity. Additionally, we preliminarily 

find that Shunhe has no reviewable 

entries at this time. Although the PRCVerDate Mar<15>2010 16:39 Jan 08, 2013 Jkt 229001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\09JAN1.SGM 09JAN1

srobinson on DSK4SPTVN1PROD with 
1836 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

2See 19 CFR 351.309(c) and (d). 

3See 19 CFR 351.310(c). 

4See, 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. 

5See 19 CFR 351.301(c)(3). 

6 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). 

wide entity is not under review for these 

preliminary results, the possibility 

exists that the PRC-wide entity could be 

under review for the final results of this 

administrative review. Therefore, we are 

not rescinding this review with respect 

to Tongsheng, WelCom, and Shunhe at 

this time. We intend to rescind this 

review with respect to Tongsheng and 

Welcom companies in the final results 

if the PRC-wide entity is not reviewed 

and with respect to Shunhe if it is 

unable to demonstrate that it has 

reviewable entries. 

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); 

Thailand is economically comparable to 

the PRC and a significant producer of 

comparable merchandise. For a full 

description of these surrogate values 

and the methodology underlying our 

conclusions, please see memorandum 

entitled ‘‘Hand Trucks and Certain Parts 

Thereof from the People’s Republic of 

China: Surrogate-Value Memorandum’’ 

dated concurrently with this notice, and 

the Preliminary Decision Memorandum, 

the latter of which is adopted hereby. 

The Preliminary Decision Memorandum 

is a public document and is on file 

electronically via Import 

Administration’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 

on the internet at http:// 

www.trade.gov.ia. 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, 

2010, through November 30, 2011: 

Manufacturer/exporter 

Weightedaverage margin (percent) 

New-Tec Integration 

(Xiamen) Co., Ltd. ............. 9.84 

Disclosure and Public Comment 

The Department will disclose to 

parties to this proceeding the 

calculations performed in reaching the 

preliminary results within five days of 

the date of publication of these 

preliminary results. See 19 CFR 

351.224(b). Interested parties may 

submit written comments no later than 

30 days of publication of the 

preliminary results. Rebuttals to written 

comments may be filed no later than 

five days after the written comments are 

filed.2

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, 1401 

Constitution Avenue NW, Washington, 

DC 20230.3

The Department will issue the final 

results of this administrative review, 

including the results of our analysis of 

the issues raised in any such comments, 

within 120 days after the publication of 

these preliminary results, pursuant to 

section 751(a)(3)(A) of the Act. 

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), 

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.4

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.5

Assessment Rates 

Upon issuing the final results of the 

review, the Department shall determine, 

and U.S. Customs and Border Protection 

(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).6

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 weightedaverage 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. The Department 

recently 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 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1837 

7For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

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.7

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 nonPRC 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 PRCwide 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. 

This administrative review and notice 

are in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.213. 

Dated: January 2, 2013. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

Appendix I 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

1. Background 

2. Scope of the Order 

3. Intent Not To Rescind Review in Part 

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. 2013–00269 Filed 1–8–13; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[Application No. 84–23A12] 

Export Trade Certificate of Review 

ACTION: Notice of issuance of an Export 

Trade Certificate of Review to 

Northwest Fruit Exporters, Application 

No. 84–23A12. 

SUMMARY: The U.S. Department of 

Commerce issued an amended Export 

Trade Certificate of Review to 

Northwest Fruit Exporters on December 

21, 2012. The Certificate has been 

amended twenty three times. The 

previous amendment was issued on 

August 12, 2011 (76 FR 55010, Sept. 6, 

2011). The original Certificate was 

issued on June 11, 1984 (49 FR 24581, 

June 14, 1984). 

FOR FURTHER INFORMATION CONTACT: 

Joseph E. Flynn, Director, Office of 

Competition and Economic Analysis, 

International Trade Administration, by 

telephone at (202) 482–5131 (this is not 

a toll-free number) or email at 

etca@trade.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. 4001–21) authorizes the 

Secretary of Commerce to issue Export 

Trade Certificates of Review. The 

regulations implementing Title III are 

found at 15 CFR Part 325 (2010). The 

U.S. Department of Commerce, 

International Trade Administration, 

Office of Competition and Economic 

Analysis (‘‘OCEA’’) is issuing this notice 

pursuant to 15 CFR 325.6(b), which 

requires the Secretary of Commerce to 

publish a summary of the issuance in 

the Federal Register. Under Section 

305(a) of the Export Trading Company 

Act (15 U.S.C. 4012(b)(1)) and 15 CFR 

325.11(a), any person aggrieved by the 

Secretary’s determination may, within 

30 days of the date of this notice, bring 

an action in any appropriate district 

court of the United States to set aside 

the determination on the ground that 

the determination is erroneous. 

Description of Certified Conduct 

NWF’s Export Trade Certificate of 

Review has been amended to: 

1. Add the following companies as a 

new Members of the Certificate 

within the meaning of section 

325.2(l) of the Regulations (15 CFR 

325.2(l)): Jenks Bros Cold Storage & 

Packing (Royal City, WA), 

HoneyBear Growers, Inc (Brewster, 

WA), and Crown Packing, LLC 

(Wenatchee, WA); and 

2. Remove the following companies as 

a Member of NWF’s Certificate: J & 

D Packing, LLC (Outlook, WA), 

Oregon Cherry Growers (Salem, 

OR), and Prentice Packing & Storage 

(Yakima, WA); and 

3. Change the name of the following 

member: Conrad & Adams Fruit 

LLC is now Conrad & Adams Fruit 

L.L.C. (Grandview, WA). 

The effective date of the amended 

certificate is October 3, 2012, the date 

on which NWF’s application to amend 

was deemed submitted. A copy of the 

amended certificate will be kept in the 

International Trade Administration’s 

Freedom of Information Records 

Inspection Facility, Room 4001, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230. 

Dated: January 3, 2013. 

Joseph E. Flynn, 

Office Director, Office of Competition and 

Economic Analysis. 

[FR Doc. 2013–00187 Filed 1–8–13; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XC402 

Nominations for the Western and 

Central Pacific Fisheries Commission 

Advisory Committee 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Request for nominations. 


srobinson on DSK4SPTVN1PROD with