[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1835-1837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00269]


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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 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 PRC-

[[Page 1836]]

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.
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    \1\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 77 FR 
4759 (January 24, 2012) (Initiation Notice).
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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); 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:

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd...................            9.84
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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\
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    \2\ See 19 CFR 351.309(c) and (d).
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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, 1401 Constitution Avenue NW, Washington, DC 
20230.\3\
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    \3\ See 19 CFR 351.310(c).
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    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\
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    \4\ 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.
    \5\ See 19 CFR 351.301(c)(3).
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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\
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    \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).
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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. 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

[[Page 1837]]

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\
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    \7\ 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.
    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