This PDF is the current document as it appeared on Public Inspection on 06/15/2015 at 08:45 am.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
Effective Date: June 16, 2015.Start Further Info
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.End Further Info End Preamble Start Supplemental Information
On May 16, 2013, 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. The period of review (POR) is December 1, 2010, through November 30, 2011.
The administrative review covered four companies, New-Tec Integration (Xiamen) Co., Ltd. (New-Tec), WelCom Products, Inc. (WelCom), Yuhuan Tongsheng Industry Company (Tongsheng), and Yangjiang Shunhe Industrial Co., Ltd. and Yangjiang Shunhe Industrial & Trade Co., Ltd. (collectively, Shunhe). In the Final Results, the Department rescinded the administrative review with respect to WelCom, Tongsheng, and Shunhe, and assigned to New-Tec, an exporter of hand trucks and certain parts thereof from the People's Republic of China to the United States, a rate of 9.21 percent for the 2010-2011 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 5.38 percent. The Court issued its Order of Judgment by Stipulation on May 29, 2015.
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. 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.
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.
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 in accordance with 19 U.S.C. 1516(e).Start Signature
Dated: June 9, 2015.
Assistant Secretary for Enforcement and Compliance.
1. See Hand Trucks and Certain Parts Thereof from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR 28801 (May 16, 2013) (Final Results).Back to Citation
2. See Cosco Home and Office Products v. United States, Consol. Court No. 13-00217, Doc. No. 85 (May 29, 2015).Back to Citation
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; 2010-2011” dated concurrently with this notice.Back to Citation
[FR Doc. 2015-14772 Filed 6-15-15; 8:45 am]
BILLING CODE 3510-DS-P