[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Pages 47888-47889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18943]


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

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 2006-2007 Semi-Annual New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 30, 2008, the Department of Commerce (the 
``Department'') published the preliminary results of the semiannual new 
shipper 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 the 2006-2007 Semiannual New Shipper Review, 73 
FR 23420 (April 30, 2008) (``Preliminary Results''). The merchandise 
covered by this review is hand trucks, exported and manufactured by 
New-Tec Integration (Xiamen) Co., Ltd. (``New-Tec''), as described in 
the ``Scope of the Order'' section of this notice. The period of review 
is December 1, 2006, through May 31, 2007. We invited parties to 
comment on our Preliminary Results. We received no comments, and no new 
evidence was placed on the record. Therefore, the final results are 
unchanged from those presented in the Preliminary Results. The final 
weighted-average dumping margin for New-Tec is listed below in the 
section entitled ``Final Results of the Review.''

EFFECTIVE DATE: August 15, 2008.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan or Robert Bolling, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0414 and (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Case History

    Following the Preliminary Results, the Department did not conduct 
verification and no party requested a hearing. In our Preliminary 
Results we stated that interested parties were to submit case briefs 
within 30 days and rebuttal briefs within 35 days of publication of the 
Preliminary Results. No interested party submitted a case or rebuttal 
brief. In a notice on May 14, 2008, the Department stated that the 2007 
expected non-market economy wage rates will be in effect for all 
antidumping duty proceedings for which the Department's final decision 
is due after the publication of the notice. See Corrected 2007 
Calculation of Expected Non-Market Economy Wages, 73 FR 27795 (May 14, 
2008). For the final results, we ran our SAS programming for New-Tec 
using the new wage rate.

Scope of Order

    The product covered by this 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.
    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

[[Page 47889]]

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 material 
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.

Analysis of Comment Received

    No comments were received.

Final Results of the Review

    The Department has determined that the following weighted-average 
margin exists for New-Tec for the period December 1, 2006, through May 
31, 2007.

               Hand Trucks and Parts Thereof from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                      Exporter                         Margin (Percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd...............                0.00
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, the Department will 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 these final results of review. We will direct CBP to 
assess the appropriate assessment rate (zero percent) against the 
entered customs values for the subject merchandise on each of New-Tec's 
entries during the period of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after date of publication, as provided 
by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (``the 
Act''): (1) for subject merchandise exported and produced by New-Tec, 
no cash deposit will be required; (2) for subject merchandise exported 
but not produced by New-Tec, the cash deposit rate will be the PRC-wide 
rate (383.60 percent); and (3) for subject merchandise manufactured by 
New-Tec but exported by a party other than New-Tec, the cash deposit 
rate will be the rate applicable to the exporter. These deposit 
requirements shall remain in effect until further notice.

Notification to Interested Parties

    This notice also serves as a final 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 entry during this review period. Failure to comply with 
this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    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. Timely written 
notification of the return or 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 new shipper review and this notice are published in accordance 
with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: July 21, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18943 Filed 8-14-08; 8:45 am]
BILLING CODE 3510-DS-S