29314 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 

1We note that the 187th day after the December 

8, 2009 publication date of the preliminary results 

falls on Sunday, June 13, 2010. When a deadline 

falls on a weekend, the Department’s practice is to 

use the next business day as the appropriate 

deadline. See Notice of Clarification: Application of 

Next Business Day Rule for Administrative 

Determination Deadlines Pursuant to the Act, 70 FR 

24533 (May 10, 2005). 

1This review originally covered four exporters. 

See Initiation of Antidumping and Countervailing 

Duty Administrative Reviews and Requests for 

Revocation in Part, 74 FR 5821 (February 2, 2009). 

However the Department rescinded the review on 

two of those exporters on June 19, 2009. See Notice 

of Partial Rescission, Intent to Rescind and 

Extension of Preliminary Results of Antidumping 

Duty Administrative Review: Hand Trucks and 

Certain Parts Thereof From the People’s Republic of 

China, 74 FR 29178 (June 19, 2009). It rescinded the 

review on another of the four exporters on January 

11, 2010. See Hand Trucks and Certain Parts 

Thereof from the People’s Republic of China: 

Preliminary Results of Antidumping Duty 

Administrative Review and Rescission in Part, 75 

FR 1339 (January 11, 2010). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic From the People’s 

Republic of China: Extension of Time 

Limits for Final Results of the 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: May 25, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Scott Lindsay, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–0780. 

Background 

On December 24, 2008, the 

Department of Commerce (Department) 

published the initiation of an 

administrative review of fresh garlic 

from the People’s Republic of China 

covering the period November 1, 2007 

through October 31, 2008. See Initiation 

of Antidumping and Countervailing 

Duty Administrative Reviews and 

Request for Revocation in Part, 73 FR 

79055 (December 24, 2008). On 

December 8, 2009, the Department 

published the preliminary results of this 

antidumping duty administrative 

review. See Fresh Garlic From the 

People’s Republic of China: Preliminary 

Results of, and Intent To Rescind, in 

Part, the Antidumping Duty 

Administrative Review, 74 FR 64677 

(December 8, 2009) (Preliminary 

Results). 

As explained in the memorandum 

from the Deputy Assistant Secretary 

(DAS) for Import Administration, the 

Department exercised its discretion to 

toll deadlines for the duration of the 

closure of the Federal Government from 

February 5 through February 12, 2010. 

Thus, all deadlines in this segment of 

the proceeding were extended by seven 

days. See Memorandum to the Record 

from Ronald Lorentzen, DAS for Import 

Administration, Re: Tolling of 

Administrative Deadlines As a Result of 

the Government Closure During the 

Recent Snowstorm (February 12, 2010). 

On April 8, 2010, the Department 

postponed the final results of this 

review by 30 days, until May 14, 2010. 

See Fresh Garlic from the People’s 

Republic of China: Extension of Time 

Limits for Final Results of the 

Antidumping Duty Administrative 

Review, 75 FR 19364 (April 14, 2010). 

Extension of Time Limits for Final 

Results 

Section 751(a)(3)(A) of the Tariff Act 

of 1930, as amended (the Act), provides 

that the Department will issue the final 

results in an administrative review of an 

antidumping duty order within 120 

days after the date on which the 

preliminary results are published. 

However, the Department may extend 

the deadline for completion of the final 

results of an administrative review to 

180 days if it determines it is not 

practicable to complete the review 

within the foregoing time period. See 

section 751(a)(3)(A) of the Act and 19 

CFR 351.213(h)(2). 

The Department determines that it is 

not practicable to complete the final 

results of this administrative review by 

the current deadline of May 14, 2010. 

Specifically, the Department requires 

additional time to analyze issues raised 

by interested parties. Thus, we are 

extending the time for completion of the 

final results of this administrative 

review by an additional 30 days, as 

permitted by section 751(a)(3)(A) of the 

Act. The final results are now due no 

later than June 14, 2010.1

This notice is published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act. 

Dated: May 11, 2010. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–12580 Filed 5–24–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–891] 

Hand Trucks and Parts Thereof from 

the People’s Republic of China: Final 

Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 11, 2010, the 

Department of Commerce (the 

Department) published in the Federal 

Register the preliminary results of 

administrative review of the 

antidumping duty order on hand trucks 

and certain parts thereof from the 

People’s Republic of China (PRC). The 

review covers one exporter. The period 

of review (POR) is December 1, 2007 

through November 30, 2008. We gave 

interested parties an opportunity to 

comment on the preliminary results. 

Based on our analysis of the comments 

received, we have made changes to the 

margin calculations. Therefore, the final 

results differ from the preliminary 

results. The final weighted–average 

dumping margin for the reviewed firm 

is listed below in the section entitled 

‘‘Final Results of Review.’’ 

EFFECTIVE DATE: May 25, 2010. 

FOR FURTHER INFORMATION CONTACT: Fred 

Baker 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) 482–2924 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION: On 

January 11, 2010, the Department of 

Commerce (the Department) published 

in the Federal Register the preliminary 

results of administrative review of the 

antidumping duty order on hand trucks 

and certain parts thereof from the 

People’s Republic of China (PRC). See 

Hand Trucks and Certain Parts Thereof 

from the People’s Republic of China: 

Preliminary Results of Antidumping 

Duty Administrative Review and 

Rescission in Part, 75 FR 1339 (January 

11, 2010) (Preliminary Results). The 

administrative review covers Since 

Hardware (Guangzhou) Co., Ltd. (Since 

Hardware).1 We invited interested 

parties to comment on the preliminary 

results. On February 12, 2010 we 

received a case brief from petitioners. 

We received no case or rebuttal briefs 

from Since Hardware. No interested 

party requested a hearing. 

Scope of the Order 

The merchandise subject to this 

antidumping duty order consists of 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29315 

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. 

A complete or fully assembled hand 

truck is a hand–propelled barrow 

consisting of a vertically disposed frame 

having a handle or more than one 

handle at or near the upper section of 

the vertical frame; at least two wheels at 

or near the lower section of the vertical 

frame; and a horizontal projecting edge 

or edges, or toe plate, perpendicular or 

angled to the vertical frame, at or near 

the lower section of the vertical frame. 

The projecting edge or edges, or toe 

plate, slides under a load for purposes 

of lifting and/or moving the load. 

That the vertical frame can be 

converted from a vertical setting to a 

horizontal setting, then operated in that 

horizontal setting as a platform, is not 

a basis for exclusion of the hand truck 

from the scope of this petition. That the 

vertical frame, handling area, wheels, 

projecting edges or other parts of the 

hand truck can be collapsed or folded is 

not a basis for exclusion of the hand 

truck from the scope of the petition. 

That other wheels may be connected to 

the vertical frame, handling area, 

projecting edges, or other parts of the 

hand truck, in addition to the two or 

more wheels located at or near the lower 

section of the vertical frame, is not a 

basis for exclusion of the hand truck 

from the scope of the petition. Finally, 

that the hand truck may exhibit physical 

characteristics in addition to the vertical 

frame, the handling area, the projecting 

edges or toe plate, and the two wheels 

at or near the lower section of the 

vertical frame, is not a basis for 

exclusion of the hand truck from the 

scope of the petition. 

Examples of names commonly used to 

reference hand trucks are hand truck, 

convertible hand truck, appliance hand 

truck, cylinder hand truck, bag truck, 

dolly, or hand trolley. 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. Specific parts of 

a hand truck, namely the vertical frame, 

the handling area and the projecting 

edges or toe plate, or any combination 

thereof, are typically imported under 

heading 8716.90.50.60 of the HTSUS. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the Department’s written 

description of the scope is dispositive. 

Excluded from the scope are small 

two–wheel or four–wheel utility carts 

specifically designed for carrying loads 

like personal bags or luggage in which 

the frame is made from telescoping 

tubular materials measuring less than 5/ 

8 inch in diameter; hand trucks that use 

motorized operations either to move the 

hand truck from one location to the next 

or to assist in the lifting of items placed 

on the hand truck; vertical carriers 

designed specifically to transport golf 

bags; and wheels and tires used in the 

manufacture of hand trucks. 

Separate Rates 

In proceedings involving non–market 

economy (NME) countries, the 

Department begins with a rebuttable 

presumption that all companies within 

the country are subject to government 

control and, thus, should be assigned a 

single antidumping duty deposit rate. It 

is the Department’s policy to assign all 

exporters of merchandise subject to 

review in an NME country this single 

rate unless an exporter can demonstrate 

that it is sufficiently independent so as 

to be entitled to a separate rate. 

In the preliminary results, we found 

that Since Hardware demonstrated its 

eligibility for separate rate status. We 

received no comments from interested 

parties regarding Since Hardware’s 

separate rate status. In these final results 

of review, we continue to find the 

evidence placed on the record by Since 

Hardware demonstrates an absence of 

government control, both in law and in 

fact, with respect to Since Hardware’s 

exports of the merchandise under 

review. Thus, we have determined that 

Since Hardware is eligible to receive a 

separate rate. 

Changes Since the Preliminary Results 

Based on our analysis of comments 

received, we have made the following 

changes in our margin calculations: 

• We included defective hand trucks as 

part of the total production volume. See 

comment 2 of the decision 

memorandum. 

oWe valued the ‘‘rubber wheel’’ input 

using Indian import statistics from 

harmonized tariff schedule (HTS) 

8716.90.90. See comment 3 of the 

decision memorandum. 

• We used the financial statement of 

Rexello Castors Private Limited in 

combination with that of Godrej & 

Boyce Manufacturing Co., Ltd., to 

calculate ratios for selling, general and 

administrative expenses, overhead, and 

profit. See comment 4 of the decision 

memorandum. 

• We valued the ‘‘zinc–galvanized cold– 

rolled plate’’ input using HTS 

7216.91.61, rather than HTS 7216.91.00. 

See comment 5 of the decision 

memorandum. 

Final Results of Review 

The Department has determined that 

the following margin exists for the 

period December 1, 2007, through 

November 30, 2008: 

Exporter/Manufacturer 

Weighted–Average 

Margin (Percentage) 

Since Hardware 

(Guangzhou) Co. Ltd. 119.98 

Assessment Rates 

The Department intends to issue 

assessment instructions to U.S. Customs 

and Border Protection (CBP) fifteen days 

after publication of these final results of 

administrative review. In calculating 

importer–specific assessment rates, we 

divided the total dumping margins 

(calculated as the difference between 

normal value and export price) for each 

of Since Hardware’s importers or 

customers by the total number of units 

the exporter sold to that importer or 

customer. We will direct CBP to assess 

the resulting per–unit dollar amount 

against each unit of merchandise in 

each of that importer’s/customer’s 

entries during the POR. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of these final results of 

administrative review for all shipments 

of subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided by section 751(a)(2)(C) 

of the Tariff Act of 1930, as amended 

(the Act): (1) for Since Hardware the 

cash deposit rate will be 119.98 percent; 

(2) for previously investigated or 

reviewed PRC and non–PRC exporters 

not listed above that 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 which 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC–wide rate of 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 that non– 

PRC exporter. These cash deposit 

requirements will remain in effect until 

further notice. 


srobinson on DSKHWCL6B1PROD with NOTICES
29316 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 

Reimbursement of Duties 

This notice also 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 this POR. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of doubled antidumping 

duties. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, 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. 

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: May 18, 2010. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

Appendix 

Comment 1. Bank fees incurred on U.S. 

sales. 

Comment 2. Whether to include 

defective hand trucks as part of 

production volume. 

Comment 3. How to value the input 

‘‘rubber wheel.’’ 

Comment 4. What financial statement to 

use for calculating financial ratios. 

Comment 5. How to value the input 

‘‘zinc galvanized cold–rolled plate.’’ 

Comment 6. Whether to use Indian 

import statistics denominated in U.S. 

dollars. 

Comment 7. Whether to adjust the 

surrogate value for domestic inland 

freight to account for shipment volumes. 

[FR Doc. 2010–12565 Filed 5–24–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Regulations and Procedures Technical 

Advisory Committee; Notice of 

Partially Closed Meeting 

The Regulations and Procedures 

Technical Advisory Committee (RPTAC) 

will meet June 8, 2010, 9 a.m., Room 

4830, in the Herbert C. Hoover Building, 

14th Street between Constitution and 

Pennsylvania Avenues, NW., 

Washington, DC. The Committee 

advises the Office of the Assistant 

Secretary for Export Administration on 

implementation of the Export 

Administration Regulations (EAR) and 

provides for continuing review to 

update the EAR as needed. 

Agenda 

Public Session 

1. Opening remarks by the Chairman. 

2. Presentation of papers or comments 

by the Public. 

3. Opening remarks by Bureau of 

Industry and Security. 

4. Export Enforcement update. 

5. Regulations update. 

6. Working group reports. 

7. Automated Export System (AES) 

update. 

Closed Session 

8. Discussion of matters determined to 

be exempt from the provisions relating 

to public meetings found in 5 U.S.C. 

app. 2 §§ 10(a)(1) and 10(a)(3). 

The open session will be accessible 

via teleconference to 20 participants on 

a first come, first serve basis. To join the 

conference, submit inquiries to Ms. 

Yvette Springer at 

Yspringer@bis.doc.gov no later than 

June 1, 2010. 

A limited number of seats will be 

available for the public session. 

Reservations are not accepted. To the 

extent that time permits, members of the 

public may present oral statements to 

the Committee. The public may submit 

written statements at any time before or 

after the meeting. However, to facilitate 

the distribution of public presentation 

materials to the Committee members, 

the Committee suggests that presenters 

forward the public presentation 

materials prior to the meeting to Ms. 

Springer via e-mail. 

The Assistant Secretary for 

Administration, with the concurrence of 

the delegate of the General Counsel, 

formally determined on March 11, 2010, 

pursuant to section 10(d) of the Federal 

Advisory Committee Act, as amended (5 

U.S.C. app. 2 §§ (10)(d)), that the portion 

of the meeting dealing with matters the 

disclosure of which would be likely to 

frustrate significantly implementation of 

an agency action as described in 5 

U.S.C. 552b(c)(9)(B) shall be exempt 

from the provisions relating to public 

meetings found in 5 U.S.C. app. 2 

§§ 10(a)1 and 10(a)(3). The remaining 

portions of the meeting will be open to 

the public. 

For more information, call Yvette 

Springer at (202) 482–2813. 

Dated: May 20, 2010. 

Yvette Springer, 

Committee Liaison Officer. 

[FR Doc. 2010–12517 Filed 5–24–10; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW60 

Marine Mammals; File No. 13599 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application 

for permit amendment. 

SUMMARY: Notice is hereby given that 

the National Ocean Service Marine 

Forensic Lab (NOS Lab, Julie Carter, 

Principal Investigator), 219 Fort Johnson 

Road, Charleston, SC 29412, has applied 

for an amendment to Scientific Research 

Permit No. 13599. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

June 24, 2010. 

ADDRESSES: Documents associated with 

this amendment request are available 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301) 713–2289; fax (301) 713–0376; and 

Southeast Region, NMFS, 263 13th 

Avenue South, Saint Petersburg, Florida 

33701; phone (727) 824–5312; fax (727) 

824–5309. 

Written comments on this application 

should be submitted to the Chief, 

Permits, Conservation and Education 

Division, at the address listed above. 

Comments may also be submitted by 

facsimile to (301) 713–0376, or by email 

to NMFS.Pr1Comments@noaa.gov. 

Please include the File No. in the 

subject line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits, Conservation and 


srobinson on DSKHWCL6B1PROD with NOTICES