80 FR 18812 - Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review and Revocation, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 67 (April 8, 2015)
International Trade Administration
Federal Register Volume 80, Issue 67 (April 8, 2015)
| Page Range | 18812-18814 | |
| FR Document | 2015-08112 |
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)] [Notices] [Pages 18812-18814] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08112] ----------------------------------------------------------------------- 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 Antidumping Duty Changed Circumstances Review and Revocation, in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 3, 2015, the Department of Commerce (the Department) published its notice of initiation and preliminary results of changed circumstances review, and intent to revoke, in part, the antidumping (AD) duty order on hand trucks and certain parts thereof (hand trucks) from the People's Republic of China (PRC).\1\ We invited parties to comment and received no comments. Therefore, we are now revoking the order, in part, with respect to certain multifunction carts meeting the specifications described below. --------------------------------------------------------------------------- \1\ See Hand Trucks and Certain Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order In Part, 80 FR 11396 (March 3, 2015) (Initiation and Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Dates: December 1, 2012 (AD order). FOR FURTHER INFORMATION CONTACT: Scott Hoefke at (202) 482-4947 or Robert James at (202) 482-0649; AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On December 2, 2004, the Department published in the Federal Register the AD order on hand trucks from the PRC.\2\ On December 9, 2014, in accordance with sections 751(b) and 751(d)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216(b), and 19 CFR 351.222(g)(1), Positec USA, Inc. and RW [[Page 18813]] Direct, Inc. (collectively, Positec), importers, requested revocation, in part, of the Order with respect to its WORX Aerocart (Aerocart) as part of a changed circumstances review. Positec requested that the Department conduct the changed circumstances review on an expedited basis pursuant to 19 CFR 351.221(c)(3)(ii). On March 3, 2015, the Department published in the Federal Register the Initiation and Preliminary Results. As noted above, we gave interested parties an opportunity to comment on the Initiation and Preliminary Results. We received no comments from interested parties. Therefore, we are now revoking the Order, in part, with respect to certain multifunction carts meeting the specifications described below. --------------------------------------------------------------------------- \2\ See Notice of Antidumping Duty Order: Hand Trucks and Certain Parts Thereof From the People's Republic of China, 69 FR 70122 (December 2, 2004) (Order). --------------------------------------------------------------------------- Scope of Changed Circumstances Review The merchandise covered by this changed circumstances review is a multifunction cart that combines, among others, the capabilities of a wheelbarrow and dolly. The product comprises a steel frame that can be converted from vertical to horizontal functionality, two wheels toward the lower end of the frame and two removable handles near the top. In addition to a foldable projection edge in its extended position, it includes a permanently attached steel tub or barrow. This product is currently available under proprietary trade names such as the ``Aerocart.'' The scope of the Order will be modified to read as stated below. Scope of the Order The merchandise subject to 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 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 8716.80.5010 of the Harmonized Tariff Schedule of the United States (HTSUS), although they may also be imported under heading 8716.80.5090. 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 8716.90.5060 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. Excluded from the scope is a multifunction cart that combines, among others, the capabilities of a wheelbarrow and dolly. The product comprises a steel frame that can be converted from vertical to horizontal functionality, two wheels toward the lower end of the frame and two removable handles near the top. In addition to a foldable projection edge in its extended position, it includes a permanently attached steel tub or barrow. This product is currently available under proprietary trade names such as the ``Aerocart.'' Final Results of Changed Circumstances Review, and Revocation of the AD Order in Part At the request of Positec, and in accordance with sections 751(b)(1) and (d)(1) of the Act, 19 CFR 351.216, and 19 CFR 351.222(g)(1), the Department initiated a changed circumstances review of the Order on hand trucks from the PRC to determine whether partial revocation of the Order is warranted with respect to certain multifunction carts.\3\ In addition, we determined that expedited action is warranted and, consistent with 19 CFR 351.221(c)(3)(ii), we combined the notices of initiation and preliminary results.\4\ Based on the expression of no interest by Petitioners, which stated that they are producers accounting for substantially all of the production of the domestic like product in support of the Order,\5\ and absent any objections by other domestic interested parties, we preliminarily determined that substantially all of the domestic producers of the like product have no interest in the continued application of the AD Order on hand trucks from the PRC to the merchandise that is subject to Positec's request. Therefore, we preliminarily determined that partial revocation of the Order is appropriate. Accordingly, we notified the public of our intent to revoke, in part, the AD Order with respect to certain multifunction carts. We did not receive any comments from parties objecting to the partial revocation. Because all parties to the proceeding agree to the outcome of the review, we are issuing these final results of changed circumstances review within 45 days of initiation in accordance with 19 CFR 351.216(e). --------------------------------------------------------------------------- \3\ See Initiation and Preliminary Results. \4\ Id. \5\ See Letter from Petitioners, ``Hand Trucks and Certain Parts Thereof From the People's Republic of China: Petitioner's Statement That It Has No Interest In the WORX Aerocart Being Subject to the Order,'' dated December 10, 2014 at 3. --------------------------------------------------------------------------- Therefore, in accordance with sections 751(d)(1) and 782(h) of the Act, and 19 CFR 351.222(g)(1)(i), the Department is partially revoking the AD Order on hand trucks from the PRC with respect to certain multifunction carts meeting the specifications described above. This partial revocation will be applied to entries of the certain multifunction cart entered or withdrawn from warehouse, for consumption, on or after December 1, 2012, which corresponds to the day following the [[Page 18814]] last day of the most recently completed administrative review under the order.\6\ --------------------------------------------------------------------------- \6\ See Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 79 FR 44008 (July 29, 2014). --------------------------------------------------------------------------- Instructions to U.S. Customs and Border Protection As we stated in our Initiation and Preliminary Results, we will instruct U.S. Customs and Border Protection to end the suspension of liquidation for the merchandise covered by the revocation on the effective date of this notice of revocation, in part, and to release any cash deposit or bond, pursuant to 19 CFR 351.222(g)(4). Notification This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. 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 sanctionable violation. This notice is published in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216(e), 351.221(b)(5), and 351.222(g). Dated: April 2, 2015. Paul Piquado Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-08112 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DS-P
![18812 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
five days after the written comments are examined during this review, the 11. Comparisons to Normal Value
filed.4 Department will instruct CBP to 12. Constructed Export Price
Any interested party may request a liquidate such entries at the PRC-wide 13. Value-Added Tax
14. Normal Value
hearing within 30 days of publication of rate. In addition, if the Department 15. Factor Valuations
this notice.5 Hearing requests should determines that an exporter under 16. Currency Conversion
contain the following information: (1) review had no shipments of the subject
[FR Doc. 2015–08120 Filed 4–7–15; 8:45 am]
The party’s name, address, and merchandise, any suspended entries
BILLING CODE 3510–DS–P
telephone number; (2) the number of that entered under that exporter’s case
participants; and (3) a list of the issues number (i.e., at that exporter’s rate) will
to be discussed. Oral presentations will be liquidated at the PRC-wide rate.9 DEPARTMENT OF COMMERCE
be limited to issues raised in the briefs. The final results of this review shall
If a request for a hearing is made, parties be the basis for the assessment of International Trade Administration
will be notified of the time and date for antidumping duties on entries of
the hearing to be held at the U.S. merchandise covered by the final results [A–570–891]
Department of Commerce, 1401 of this review. Hand Trucks and Certain Parts Thereof
Constitution Avenue NW., Washington, From the People’s Republic of China:
Cash Deposit Requirements
DC 20230.6 Final Results of Antidumping Duty
Unless otherwise extended, the Because the antidumping duty order
Changed Circumstances Review and
Department intends to issue the final on frontseating service valves from the
Revocation, in Part
results of this administrative review, PRC was revoked,10 the Department will
which will include the results of its not issue cash deposit instructions at AGENCY: Enforcement and Compliance,
analysis of issues raised in any such the conclusion of this administrative International Trade Administration,
comments, within 120 days of review. Department of Commerce.
publication of these preliminary results, SUMMARY: On March 3, 2015, the
Notification to Importers
pursuant to section 751(a)(3)(A) of the Department of Commerce (the
Act. This notice also serves as a Department) published its notice of
preliminary reminder to importers of initiation and preliminary results of
Assessment Rates their responsibility under 19 CFR changed circumstances review, and
Upon issuance of the final results of 351.402(f)(2) to file a certificate intent to revoke, in part, the
this review, the Department will regarding the reimbursement of antidumping (AD) duty order on hand
determine, and CBP shall assess, antidumping duties prior to liquidation trucks and certain parts thereof (hand
antidumping duties on all appropriate of the relevant entries during this trucks) from the People’s Republic of
entries covered by this review.7 The review period. Failure to comply with China (PRC).1 We invited parties to
Department intends to issue appropriate this requirement could result in the comment and received no comments.
assessment instructions to CBP 15 days Department’s presumption that Therefore, we are now revoking the
after publication of the final results of reimbursement of antidumping duties order, in part, with respect to certain
this review. occurred and the subsequent assessment multifunction carts meeting the
For any individually examined of double antidumping duties. specifications described below.
respondent whose weighted-average We are issuing and publishing notice DATES: Effective Dates: December 1,
dumping margin is above de minimis, of these results in accordance with 2012 (AD order).
we will calculate importer-specific ad sections 751(a)(1) and 777(i)(1) of the FOR FURTHER INFORMATION CONTACT:
valorem duty assessment rates based on Act. Scott Hoefke at (202) 482–4947 or
the ratio of the total amount of dumping Dated: March 31, 2015. Robert James at (202) 482–0649; AD/
calculated for the importer’s examined Paul Piquado, CVD Operations, Office VI, Enforcement
sales to the total entered value of those Assistant Secretary for Enforcement and and Compliance, International Trade
same sales in accordance with 19 CFR Compliance. Administration, U.S. Department of
351.212(b)(1).8 For duty assessment Commerce, 14th Street and Constitution
rates calculated on this basis, we will Appendix
Avenue NW., Washington, DC 20230.
direct CBP to assess the resulting ad List of Topics Discussed in the Preliminary SUPPLEMENTARY INFORMATION:
valorem rate against the entered Decision Memorandum
customs values for the subject Background
1. Background
merchandise. On December 2, 2004, the Department
2. Scope of the Order
The Department announced a 3. Non-Market Economy Country published in the Federal Register the
refinement to its assessment practice in 4. Separate Rates AD order on hand trucks from the PRC.2
NME cases. Pursuant to this refinement 5. Surrogate Country and Surrogate Value On December 9, 2014, in accordance
in practice, for entries that were not Data with sections 751(b) and 751(d)(1) of the
reported in the U.S. sales databases 6. Surrogate Country Tariff Act of 1930, as amended (the Act),
submitted by companies individually 7. Economic Comparability 19 CFR 351.216(b), and 19 CFR
8. Significant Producers of Identical or 351.222(g)(1), Positec USA, Inc. and RW
4 See 19 CFR 351.309(d). Comparable Merchandise
asabaliauskas on DSK5VPTVN1PROD with NOTICES
5 See 19 CFR 351.310(c). 9. Data Availability 1 See Hand Trucks and Certain Parts Thereof
6 See 19 CFR 351.310(d)(1). 10. Date of Sale From the People’s Republic of China: Initiation and
7 See 19 CFR 351.212(b)(1). Preliminary Results of Changed Circumstances
8 In these preliminary results, the Department 9 See Non-Market Economy Antidumping Review, and Intent To Revoke Order In Part, 80 FR
applied the assessment rate calculation method Proceedings: Assessment of Antidumping Duties, 76 11396 (March 3, 2015) (Initiation and Preliminary
adopted in Antidumping Proceedings: Calculation FR 65694, 65694–95 (October 24, 2011). Results).
of the Weighted-Average Dumping Margin and 10 See Frontseating Service Valves from the 2 See Notice of Antidumping Duty Order: Hand
Assessment Rate in Certain Antidumping People’s Republic of China: Final Results of Sunset Trucks and Certain Parts Thereof From the People’s
Proceedings: Final Modification, 77 FR 8101 Review and Revocation of Antidumping Duty Order, Republic of China, 69 FR 70122 (December 2, 2004)
(February 14, 2012). 79 FR 27573 (May 14, 2014). (Order).
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![18814 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
last day of the most recently completed review covers two mandatory description of the methodology
administrative review under the order.6 respondents, Baoding Mantong Fine underlying our conclusions, see the
Chemistry Co. Ltd. (Baoding Mantong) Preliminary Decision Memorandum.
Instructions to U.S. Customs and
and Evonik Rexim (Nanning) The list of topics discussed in the
Border Protection
Pharmaceutical Co., Ltd. (Evonik). The Preliminary Decision Memorandum is
As we stated in our Initiation and Department preliminarily finds that provided as an Appendix to the notice.
Preliminary Results, we will instruct Baoding Mantong sold subject This memorandum is a public
U.S. Customs and Border Protection to merchandise in the United States at document and is on file electronically
end the suspension of liquidation for prices below the normal value (NV) via Enforcement and Compliance’s
the merchandise covered by the during the POR. The Department Antidumping and Countervailing Duty
revocation on the effective date of this preliminarily determines that Evonik’s Centralized Electronic Service System
notice of revocation, in part, and to sales to the United States were not bona (ACCESS). ACCESS is available to
release any cash deposit or bond, fide and is preliminarily rescinding the registered users at http://
pursuant to 19 CFR 351.222(g)(4). review with respect to Evonik. access.trade.gov and in the Central
Interested parties are invited to Records Unit, room 7046 of the main
Notification
comment on these preliminary results. Department of Commerce building. In
This notice serves as a reminder to DATES: Effective Date: April 8, 2015. addition, a complete version of the
parties subject to administrative FOR FURTHER INFORMATION CONTACT: Preliminary Decision Memorandum can
protective order (APO) of their Dena Crossland or Ericka Ukrow, AD/ be accessed directly on the Internet at
responsibility concerning the CVD Operations, Office VI, Enforcement http://www.trade.gov/enforcement/. The
disposition of proprietary information and Compliance, International Trade signed Preliminary Decision
disclosed under APO in accordance Administration, U.S. Department of Memorandum and the electronic
with 19 CFR 351.306. Timely written Commerce, 14th Street and Constitution versions of the Preliminary Decision
notification of the return/destruction of Avenue NW., Washington, DC 20230; Memorandum are identical in content.
APO materials or conversion to judicial telephone: (202) 482–3362 or (202) 482–
protective order is hereby requested. Bona Fides Analysis
0405, respectively.
Failure to comply with the regulations SUPPLEMENTARY INFORMATION: As discussed in Evonik’s Bona Fide
and terms of an APO is a sanctionable Memorandum, the Department
violation. Background preliminarily finds that the sales by
This notice is published in On April 30, 2014, the Department Evonik are not bona fide, and that these
accordance with sections 751(b)(1) and initiated an administrative review of the sales, and absence of factors-of-
777(i)(1) of the Act and 19 CFR antidumping duty Order 1 on glycine production (FOP) data, do not provide
351.216(e), 351.221(b)(5), and from the PRC.2 a reasonable or reliable basis for
351.222(g). calculating a dumping margin.5 The
Scope of the Order
Dated: April 2, 2015. Department reached this conclusion
The product covered by the based on the totality of circumstances,
Paul Piquado
antidumping duty order is glycine, namely: (a) The atypical nature of
Assistant Secretary for Enforcement and which is a free-flowing crystalline
Compliance. Evonik’s price; and (b) the atypical
material, like salt or sugar.3 The subject circumstances surrounding its
[FR Doc. 2015–08112 Filed 4–7–15; 8:45 am]
merchandise is currently classifiable supplier’s inability to provide FOP data.
BILLING CODE 3510–DS–P under the Harmonized Tariff Schedule Because these non-bona fide sales were
of the United States (HTSUS) the only sales of subject merchandise
subheading 2922.49.4020. The HTSUS that Evonik made during the POR, the
DEPARTMENT OF COMMERCE subheading is provided for convenience Department is preliminarily rescinding
International Trade Administration and customs purposes only; the written its review of Evonik.
product description of the scope of the
[A–570–836] order is dispositive.4 Preliminary Results of Review
Methodology The Department has preliminarily
Glycine From the People’s Republic of
determined that the following dumping
China: Preliminary Results of The Department is conducting this margin exists for the period March 1,
Antidumping Duty Administrative review in accordance with section 2013, through February 28, 2014:
Review and Preliminary Intent To 751(a)(1)(B) of the Tariff Act of 1930, as
Rescind, in Part; 2013–2014 amended (the Act). For a full Dumping
Exporter margin
AGENCY: Enforcement and Compliance, 1 See Antidumping Duty Order: Glycine from the (percent)
International Trade Administration, People’s Republic of China, 60 FR 16116 (March 29,
Department of Commerce. 1995) (Order). Baoding Mantong Fine Chem-
SUMMARY: The Department of Commerce 2 See Initiation of Antidumping and
istry Co. Ltd ............................. 784.48
(the Department) is conducting an Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 79 FR 24398 (April
administrative review of the 30, 2014). 5 See Memorandum to Abdelali Elouaradia,
antidumping duty order on glycine from 3 See ‘‘Decision Memorandum for the Preliminary
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Acting Director, Office VI, Antidumping and
the People’s Republic of China (the Results of Antidumping Duty Administrative Countervailing Duty Operations, through Angelica
PRC) covering the period of review Review: Glycine from the People’s Republic of Townshend, Program Manager, Office VI,
China; 2013–2014’’ from Gary Taverman, Associate Antidumping and Countervailing Duty Operations,
(POR) from March 1, 2013, through Deputy Assistant Secretary for Antidumping and from Ericka Ukrow, International Trade Compliance
February 28, 2014. The administrative Countervailing Duty Operations, to Paul Piquado, Analyst, Office VI, titled ‘‘Antidumping Duty
Assistant Secretary for Enforcement and Administrative Review of Glycine from the People’s
6 See Hand Trucks and Certain Parts Thereof Compliance, dated concurrently with this notice Republic of China; 2013–2014: Bona Fide Nature of
From the People’s Republic of China: Final Results (Preliminary Decision Memorandum), for a Evonik Rexim (Nanning) Pharmaceutical Co., Ltd.’s
of Antidumping Duty Administrative Review; 2011– complete description of the scope of the order. Sales,’’ dated concurrently and hereby adopted by
2012, 79 FR 44008 (July 29, 2014). 4 See Order. this notice (Evonik’s Bona Fide Memorandum).
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Document Created: 2018-02-21 10:07:05
Document Modified: 2018-02-21 10:07:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Dates: December 1, 2012 (AD order). | |
| Contact | Scott Hoefke at (202) 482-4947 or Robert James at (202) 482-0649; AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 80 FR 18812 |
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