80_FR_34484 80 FR 34369 - Hand Trucks and Certain Parts Thereof From the People's Republic of China: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement

80 FR 34369 - Hand Trucks and Certain Parts Thereof From the People's Republic of China: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 115 (June 16, 2015)

Page Range34369-34370
FR Document2015-14769

Federal Register, Volume 80 Issue 115 (Tuesday, June 16, 2015)
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34369-34370]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14769]


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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: Notice of Amended Final Results of Antidumping Duty 
Administrative Review Pursuant to Settlement

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: June 16, 2015.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Robert James, 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; telephone: (202) 482-
4947 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 16, 2012, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on hand trucks and certain parts thereof from 
People's Republic of China.\1\ The period of review (POR) is December 
1, 2009, through November 30, 2010.
---------------------------------------------------------------------------

    \1\ See Hand Trucks and Certain Parts Thereof from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review, 77 FR 41744 (July 16, 2012) (Final Results).
---------------------------------------------------------------------------

    The administrative review covered New-Tec Integration (Xiamen) Co., 
Ltd. (New-Tec), an exporter of hand trucks and certain parts thereof 
from the People's Republic of China to the United States. In the Final 
Results, the Department assigned to New-Tec a weighted-average dumping 
margin of 41.49 percent for the 2009-2010 period of review.
    Following the publication of the Final Results, Gleason Industrial 
Products, Inc. and Precision Products, Inc. (collectively, Gleason), 
domestic interested parties, and Cosco Home and Office Products 
(Cosco), a U.S. importer, filed lawsuits with the United States Court 
of International Trade (CIT) challenging various aspects of the 
Department's final results of administrative review.
    The United States, Gleason, and Cosco have entered into an 
agreement to settle this dispute. Pursuant to the terms of settlement 
and the stipulation for entry of judgment, the amended final weighted-
average dumping margin for New-Tec is 20.89 percent. The Court issued 
its Order of Judgment by Stipulation on May 29, 2015.\2\
---------------------------------------------------------------------------

    \2\ See Gleason Industrial Products, Inc. v. United States, 
Consol. Court No. 12-00234, Doc. No. 114 (May 29, 2015).
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Assessment Rates

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review. The 
Department intends to issue assessment instructions to CBP within 15 
days after the date of publication of these amended final results of 
review in the Federal Register.
    We have calculated importer-specific per-unit antidumping duty 
assessment rates by aggregating the total amount of dumping calculated 
for the examined sales of each importer and dividing each of these 
amounts by the total entered quantity associated with those sales.\3\

[[Page 34370]]

We will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review where an importer-specific assessment 
rate is not zero or de minimis. We will instruct CBP to liquidate 
without regard to antidumping duties any entries for which the 
importer-specific assessment rate is zero or de minimis.
---------------------------------------------------------------------------

    \3\ See Memorandum to: The File ``Per-Unit Assessment 
Calculation for New-Tec Integration (Xiamen) Co., Ltd. (New-Tec) in 
the Amended Final Results of Admininstrative Review of the 
Antidumping Order on Hand Trucks and Parts Thereof from the People's 
Republic of China; 2009-2010'' dated concurrently with this notice.
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Cash Deposit Requirements

    Since the Final Results, the Department completed a subsequent 
administrative review of, and established a new cash deposit rate for, 
New-Tec. Therefore, New-Tec's cash deposit rate does not need to be 
updated as a result of these amended final results. Rather, New-Tec's 
cash deposit rate will continue to be 0.00 percent, the rate 
established in that review.\4\
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

Notification to Importers

    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 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.
    We are issuing this determination and publishing these amended 
final results and notice in accordance with 19 U.S.C. 1516(e).

     Dated: June 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-14769 Filed 6-15-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                   Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices                                                    34369

                                                    People’s Republic of China                              meet the exclusion criteria for a finished             Background
                                                                                                            good as the wall standards do not contain
                                                    A–570–967 and C–570–968: Aluminum                       non-aluminum extruded components beyond                   On July 16, 2012, the Department of
                                                    Extrusions From the People’s Republic of                fasteners. Ford Atlantic’s folding tripod              Commerce (the Department) published
                                                    China                                                   display easels, consisting of aluminum                 the final results of its administrative
                                                       Requestor: Camco Manufacturing, Inc.                 extrusions and non-extruded aluminum                   review of the antidumping duty order
                                                    (‘‘Camco’’); Camco’s 20-foot telescoping flag           components (i.e., various non-extruded                 on hand trucks and certain parts thereof
                                                    poles, consisting of aluminum extrusion                 joints, connectors, and caps) which go                 from People’s Republic of China.1 The
                                                    tubes, finials, carabiners, capping balls,              beyond mere fasteners, are outside the scope
                                                    locking buttons, tube stops and caps, and flag                                                                 period of review (POR) is December 1,
                                                                                                            of the orders under the finished goods
                                                    clips, are outside the scope of the order               exclusion because they are finished goods
                                                                                                                                                                   2009, through November 30, 2010.
                                                    under the finished goods exclusion because              containing aluminum extrusions as parts that              The administrative review covered
                                                    they are finished goods containing aluminum             are fully and permanently assembled and                New-Tec Integration (Xiamen) Co., Ltd.
                                                    extrusions as parts that are fully and                  completed at the time of entry; March 4,               (New-Tec), an exporter of hand trucks
                                                    permanently assembled and completed at the              2015.                                                  and certain parts thereof from the
                                                    time of entry; January 8, 2015.                                                                                People’s Republic of China to the
                                                                                                            A–570–890: Wooden Bedroom From the
                                                    A–570–967 and C–570–968: Aluminum                       People’s Republic of China                             United States. In the Final Results, the
                                                    Extrusions From the People’s Republic of                                                                       Department assigned to New-Tec a
                                                    China                                                      Requestor: Bassett Mirror Company, Inc.;
                                                                                                            Borghese Lady’s Writing Desk is excluded
                                                                                                                                                                   weighted-average dumping margin of
                                                       Requestor: Sign-Zone, Inc.; Sign-Zones               from the scope of the antidumping duty order           41.49 percent for the 2009–2010 period
                                                    ‘‘Premium Event Tent Frames’’ are outside               because it is office furniture; March 26, 2015.        of review.
                                                    the scope of the orders because the tent                                                                          Following the publication of the Final
                                                    frames constitute ‘‘finished merchandise                   Interested parties are invited to                   Results, Gleason Industrial Products,
                                                    containing aluminum extrusions as parts that            comment on the completeness of this                    Inc. and Precision Products, Inc.
                                                    are fully and permanently assembled and                 list of completed scope and
                                                    completed at the time of entry;’’ January 23,                                                                  (collectively, Gleason), domestic
                                                                                                            anticircumvention inquiries. Any                       interested parties, and Cosco Home and
                                                    2015.                                                   comments should be submitted to the                    Office Products (Cosco), a U.S. importer,
                                                    A–570–967 and C–570–968: Aluminum                       Deputy Assistant Secretary for AD/CVD                  filed lawsuits with the United States
                                                    Extrusions From the People’s Republic of                Operations, Enforcement and                            Court of International Trade (CIT)
                                                    China                                                   Compliance, International Trade                        challenging various aspects of the
                                                      Requestor: 5 Diamond Promotions, Inc. (‘‘5            Administration, 14th Street and                        Department’s final results of
                                                    Diamond’’); 5 Diamond’s aluminum flag pole              Constitution Avenue NW., APO/Dockets                   administrative review.
                                                    kits are within the scope of the orders                 Unit, Room 1870, Washington, DC
                                                    because the aluminum flag pole kits do not                                                                        The United States, Gleason, and
                                                                                                            20230.                                                 Cosco have entered into an agreement to
                                                    meet the exclusion criteria for a ‘‘finished               This notice is published in
                                                    goods kit,’’ as the aluminum flag pole kits                                                                    settle this dispute. Pursuant to the terms
                                                    solely contain aluminum extrusions and                  accordance with 19 CFR 351.225(o).                     of settlement and the stipulation for
                                                    fasteners; February 5, 2015.                              Dated: June 5, 2015.                                 entry of judgment, the amended final
                                                    A–570–967 and C–570–968: Aluminum                       Christian Marsh,                                       weighted-average dumping margin for
                                                    Extrusions From the People’s Republic of                Deputy Assistant Secretary for Antidumping             New-Tec is 20.89 percent. The Court
                                                    China                                                   and Countervailing Duty Operations.                    issued its Order of Judgment by
                                                       Requestor: Unger Enterprises Inc.                    [FR Doc. 2015–14768 Filed 6–15–15; 8:45 am]            Stipulation on May 29, 2015.2
                                                    (‘‘Unger’’); Unger’s telescoping poles,                 BILLING CODE 3510–DS–P
                                                                                                                                                                   Assessment Rates
                                                    consisting of aluminum extrusion tubes,
                                                    polypropylene tube plugs, polypropylene                                                                           The Department shall determine, and
                                                    hand grips, and polypropylene locking                   DEPARTMENT OF COMMERCE                                 CBP shall assess, antidumping duties on
                                                    collars, are outside the scope of the orders                                                                   all appropriate entries covered by this
                                                    under the finished goods exclusion because              International Trade Administration                     review. The Department intends to issue
                                                    they are finished goods containing aluminum
                                                    extrusions as parts that are fully and
                                                                                                                                                                   assessment instructions to CBP within
                                                                                                            [A–570–891]                                            15 days after the date of publication of
                                                    permanently assembled and completed at the
                                                    time of entry; February 19, 2015.                                                                              these amended final results of review in
                                                                                                            Hand Trucks and Certain Parts Thereof
                                                                                                                                                                   the Federal Register.
                                                    A–570–967 and C–570–968: Aluminum                       From the People’s Republic of China:
                                                                                                                                                                      We have calculated importer-specific
                                                    Extrusions From the People’s Republic of                Notice of Amended Final Results of
                                                    China                                                                                                          per-unit antidumping duty assessment
                                                                                                            Antidumping Duty Administrative
                                                                                                                                                                   rates by aggregating the total amount of
                                                       Requestor: Aqua EZ, Inc. (‘‘Aqua EZ’’);              Review Pursuant to Settlement
                                                    Aqua EZ’s side cam-lock telepoles and ribbed
                                                                                                                                                                   dumping calculated for the examined
                                                    telescopic poles, consisting of aluminum                AGENCY:  Enforcement and Compliance,                   sales of each importer and dividing each
                                                    extrusion tubes, white plastic locking                  International Trade Administration,                    of these amounts by the total entered
                                                    mechanisms, and white plastic handles, are              Department of Commerce.                                quantity associated with those sales.3
                                                    outside the scope of the orders under the               DATES: Effective Date: June 16, 2015.
                                                    finished goods exclusion because they are                                                                        1 See Hand Trucks and Certain Parts Thereof

                                                    finished goods containing aluminum                      FOR FURTHER INFORMATION CONTACT:                       from the People’s Republic of China: Final Results
                                                    extrusions as parts that are fully and                  Scott Hoefke or Robert James, AD/CVD                   of Antidumping Duty Administrative Review, 77 FR
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    permanently assembled and completed at the              Operations, Office VI, Enforcement and                 41744 (July 16, 2012) (Final Results).
                                                                                                                                                                     2 See Gleason Industrial Products, Inc. v. United
                                                    time of entry; March 2, 2015.                           Compliance, International Trade
                                                                                                                                                                   States, Consol. Court No. 12–00234, Doc. No. 114
                                                    A–570–967 and C–570–968: Aluminum                       Administration, U.S. Department of                     (May 29, 2015).
                                                    Extrusions From the People’s Republic of                Commerce, 14th Street and Constitution                   3 See Memorandum to: The File ‘‘Per-Unit

                                                    China                                                   Avenue NW., Washington, DC 20230;                      Assessment Calculation for New-Tec Integration
                                                                                                            telephone: (202) 482–4947 and (202)                    (Xiamen) Co., Ltd. (New-Tec) in the Amended Final
                                                      Requestor: Ford Atlantic; Ford Atlantic’s                                                                    Results of Admininstrative Review of the
                                                    wall standards are within the scope of the              482–0649, respectively.                                Antidumping Order on Hand Trucks and Parts
                                                    orders because the wall standards do not                SUPPLEMENTARY INFORMATION:                                                                       Continued




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                                                    34370                          Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices

                                                    We will instruct CBP to assess                          determination in the less-than-fair-value               in Malaysian currency per kilogram. No
                                                    antidumping duties on all appropriate                   investigation of certain steel nails from               other party commented on this
                                                    entries covered by this review where an                 Malaysia, to correct a ministerial error.               allegation. We agree with Petitioner that
                                                    importer-specific assessment rate is not                DATES: Effective Date: June 16, 2015.                   we made a ministerial error within the
                                                    zero or de minimis. We will instruct                    FOR FURTHER INFORMATION CONTACT:                        meaning of 19 CFR 351.224(f) with
                                                    CBP to liquidate without regard to                      Edythe Artman or Steve Bezirganian,                     respect to the recalculated U.S. warranty
                                                    antidumping duties any entries for                      AD/CVD Operations, Office VI,                           expense field. Therefore, we are
                                                    which the importer-specific assessment                  Enforcement and Compliance,                             amending the final determination in
                                                    rate is zero or de minimis.                             International Trade Administration,                     accordance with section 751(h) of the
                                                                                                            U.S. Department of Commerce, 14th                       Act and 19 CFR 351.224(e).
                                                    Cash Deposit Requirements
                                                                                                            Street and Constitution Avenue NW.,                     Amended Final Determination
                                                      Since the Final Results, the                          Washington, DC 20230; telephone: (202)
                                                    Department completed a subsequent                                                                                 The Department determines that the
                                                                                                            482–3931 or (202) 482–1131,                             following amended weighted-average
                                                    administrative review of, and                           respectively.
                                                    established a new cash deposit rate for,                                                                        dumping margins exist for the period
                                                    New-Tec. Therefore, New-Tec’s cash                      SUPPLEMENTARY INFORMATION:                              April 1, 2013 through March 31, 2014,
                                                    deposit rate does not need to be updated                                                                        as discussed above: 4
                                                                                                            Background
                                                    as a result of these amended final
                                                    results. Rather, New-Tec’s cash deposit                   On May 20, 2015, the Department                                                                         Weighted-
                                                                                                            published the final determination of the                                                                   average
                                                    rate will continue to be 0.00 percent, the                                                                              Exporter or producer                      dumping
                                                    rate established in that review.4                       less-than-fair-value investigation of                                                                       margin
                                                                                                            certain steel nails from Malaysia.1 On                                                                    (percent)
                                                    Notification to Importers                               May 22, 2015, Mid Continent Steel &
                                                      This notice also serves as a final                    Wire, Inc., (Petitioner), submitted a                   Region System Sdn. Bhd. and
                                                                                                            ministerial error allegation.2 No other                   Region International Co., Ltd ..                     2.66
                                                    reminder to importers of their                                                                                  All Others ....................................        2.66
                                                    responsibility under 19 CFR 351.402(f)                  party commented on this allegation.
                                                    to file a certificate regarding the                        Based on our analysis of this
                                                                                                            allegation, we revised the margin                       Continuation of Suspension of
                                                    reimbursement of antidumping duties
                                                                                                            calculation for Region System Sdn. Bhd.                 Liquidation
                                                    prior to liquidation of the relevant
                                                    entries during this review period.                      and Region International Co., Ltd.                        The following cash deposit
                                                    Failure to comply with this requirement                 (collectively, Region), and assigned a                  requirements will be effective upon
                                                    could result in the Secretary’s                         new All Others rate, as discussed                       publication of this notice for all
                                                    presumption that reimbursement of                       below.3                                                 shipments of subject merchandise
                                                    antidumping duties occurred, and the                                                                            entered, or withdrawn from warehouse,
                                                                                                            Scope of the Investigation
                                                    subsequent assessment of double                                                                                 for consumption on or after the
                                                    antidumping duties.                                       The scope of the investigation appears                publication of this amended final
                                                      We are issuing this determination and                 in Appendix I of the Final                              determination, as provided by section
                                                    publishing these amended final results                  Determination.                                          751(a)(2) of the Act: (1) The cash deposit
                                                    and notice in accordance with 19 U.S.C.                 Ministerial Error                                       rate for Region will be the rate we
                                                    1516(e).                                                                                                        determined in this amended final
                                                                                                              Section 751(h) of the Tariff Act of                   determination (i.e., 2.66 percent); (2) the
                                                      Dated: June 9, 2015.                                  1930, as amended (the Act), and 19 CFR                  cash deposit rates for Inmax and Tag
                                                    Paul Piquado,                                           351.224(f) define a ‘‘ministerial error’’ as            will continue to be those identified in
                                                    Assistant Secretary for Enforcement and                 an error ‘‘in addition, subtraction, or                 the Final Determination (i.e., 39.35
                                                    Compliance.                                             other arithmetic function, clerical error               percent) (3) if the exporter is not a firm
                                                    [FR Doc. 2015–14769 Filed 6–15–15; 8:45 am]             resulting from inaccurate copying,                      identified in this investigation but the
                                                    BILLING CODE 3510–DS–P                                  duplication, or the like, and any other                 producer is, the rate will be the rate
                                                                                                            similar type of unintentional error                     established for the producer of the
                                                                                                            which the Secretary considers                           subject merchandise; and (4) the rate for
                                                    DEPARTMENT OF COMMERCE                                  ministerial.’’                                          all other producers or exporters will be
                                                                                                              Petitioner noted that in the Final                    2.66 percent, as indicated above. These
                                                    International Trade Administration                      Determination, we recalculated the U.S.                 suspension of liquidation instructions
                                                    [A–557–816]                                             warranty expense field such that it was                 will remain in effect until further notice.
                                                                                                            denominated in U.S. dollars per
                                                                                                            kilogram, but then applied currency                     U.S. International Trade Commission
                                                    Certain Steel Nails From Malaysia:
                                                                                                            exchange conversions to the U.S.                        Notification
                                                    Amended Final Determination of Sales
                                                    at Less Than Fair Value                                 warranty expenses in the U.S. margin                       In accordance with section 735(d) of
                                                                                                            calculation as if they were denominated                 the Act, we notified the U.S.
                                                    AGENCY:  Enforcement and Compliance,                                                                            International Trade Commission (ITC) of
                                                    International Trade Administration,                        1 See Certain Steel Nails From Malaysia; Final       the Final Determination and our
                                                    Department of Commerce.                                 Determination of Sales at Less Than Fair Value, 80      amended final determination. As the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            FR 28969 (May 20, 2015) (Final Determination).          Final Determination and our
                                                    SUMMARY: The Department of Commerce                        2 See Letter from Petitioner to the Department,
                                                    (the Department) is amending its final                  ‘‘Certain Steel Nails from Malaysia: Petitioner’s
                                                                                                                                                                    preliminary determination were both
                                                                                                            Ministerial Error Allegation,’’ dated May 22, 2015.     affirmative, in accordance with section
                                                    Thereof from the People’s Republic of China; 2009–         3 See also the memorandum entitled ‘‘Amended
                                                    2010’’ dated concurrently with this notice.             Final Determination of the Less-Than-Fair-Value           4 Note that the weighted-average dumping
                                                      4 See Hand Trucks and Certain Parts Thereof           Investigation of Certain Steel Nails from Malaysia:     margins of 39.35 percent identified in the Final
                                                    From the People’s Republic of China: Final Results      Allegation of Ministerial Error,’’ dated concurrently   Determination for Inmax Sdn. Bhd. (‘‘Inmax’’) and
                                                    of Antidumping Duty Administrative Review; 2011–        with this determination and hereby adopted by this      Tag Fasteners Sdn. Bhd. (‘‘Tag’’) remain unchanged.
                                                    2012, 79 FR 44008 (July 29, 2014).                      notice.                                                 See Final Determination at 28970.



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Document Created: 2018-02-22 10:22:58
Document Modified: 2018-02-22 10:22:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: June 16, 2015.
ContactScott Hoefke or Robert James, 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; telephone: (202) 482- 4947 and (202) 482-0649, respectively.
FR Citation80 FR 34369 

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