[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)]
[Notices]
[Pages 29314-29316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12565]


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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.
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    \1\ This 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).
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Scope of the Order

    The merchandise subject to this antidumping duty order consists of

[[Page 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:
<bullet> 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.
<bullet> 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.
<bullet> 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:

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                       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.

[[Page 29316]]

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