[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Notices]
[Page 4175-4176]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja08-50]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-822]
Helical Spring Lock Washers From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on helical
spring lock washers (``HSLWs'') from the People's Republic of China
(``PRC'') covering the period October 1, 2005, through September 30,
2006. We invited interested parties to comment on our preliminary
results. Based on our analysis of the comments received, we have made
changes to our margin calculations. Therefore, the final results differ
from the preliminary results.
EFFECTIVE DATE: January 24, 2008.
FOR FURTHER INFORMATION CONTACT: Marin Weaver or Charles Riggle, 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-
2336 or (202) 482-0650, respectively.
Background
On September 12, 2007, the Department of Commerce (``the
Department'') published Certain Helical Spring Lock Washers From the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 72 FR 52073 (``Preliminary Results''). The
respondent in this case is Hangzhou Spring Washer Co., Ltd. (also known
as Zhejiang Wanxin Group, Ltd.) (``HSW''). Shakeproof Assembly
Components Division of Illinois Tool Works, Inc. (``Shakeproof''), the
U.S. interested party, filed surrogate value information and data on
April 19, 2007, August 3, 2007, and October 12, 2007. HSW filed
surrogate value information and data on April 19, 2007, May 29, 2007,
and July 24, 2007. We gave interested parties an opportunity to comment
on the Preliminary Results. Shakeproof requested a one-month extension
of the deadline for filing case and rebuttal briefs on September 28,
2007. On October 2, 2007, we granted a one-day extension of the
deadline for filing case and rebuttal briefs. On October 16, 2007, HSW
filed its case brief. Shakeproof submitted the final proprietary
version of its brief on October 17, 2007. HSW submitted the final
proprietary version of its rebuttal brief on October 23, 2007.
Shakeproof did not submit a rebuttal brief.
We have conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (``the Act''), and 19
CFR 351.213.
Scope of the Order
The products covered by the order are HSLWs of carbon steel, of
carbon alloy steel, or of stainless steel, heat-treated or non-heat-
treated, plated or non-plated, with ends that are off-line. HSLWs are
designed to: (1) Function as a spring to compensate for developed
looseness between the component parts of a fastened assembly; (2)
distribute the load over a larger area for screws or bolts; and (3)
provide a hardened bearing surface. The scope does not include internal
or external tooth washers, nor does it include spring lock washers made
of other metals, such as copper.
HSLWs subject to the order are currently classifiable under
subheading 7318.21.0030 of the Harmonized Tariff Schedule of the United
States (``HTSUS''). Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the scope
of this proceeding is dispositive.
[[Page 4176]]
Analysis of Comments Received
All issues raised in the post-preliminary comments by parties in
this review are addressed in the memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, Issues and
Decision Memorandum for the Final Results of Certain Helical Spring
Lock Washers from the People's Republic of China (January 15, 2008)
(``Issues and Decision Memorandum''), which is hereby adopted by this
notice. A list of the issues that parties raised and to which we
responded in the Issues and Decision Memorandum is attached to this
notice as an appendix. The Issues and Decision Memorandum is a public
document and is on file in the Central Records Unit (``CRU'') in room
B-099 in the main Commerce Department building, and is also accessible
on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic
version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made changes in
the margin calculations for HSW. See Issues and Decision Memorandum at
Comments 1-3 and Comment 6.
We revised the calculation of the adverse facts available rate we
have applied to packing usage rates for sales we did not verify.
Specifically, we calculated a simple average exclusive of sales for
which HSW over-stated that actual packing material usage, and used this
rate to inflate the packing usage rates of all the sales that were not
verified. See Comment 1.
We changed our surrogate value for steel wire rod (``SWR'') and are
using Indian imports from Harmonized Tariff Schedule (``HTS'') numbers
7213.91 and 7213.99 to value SWR for the final results. We will weight-
average HTS numbers 7213.91 and 7213.99 based on the March 2006
inventory-out quantities obtained at verification. See Comment 2.
We have included Indian imports from Germany in our SWR surrogate
value calculation. We have excluded Indian imports from South Africa
and Brazil in our SWR surrogate value calculation. See Comment 3.
We have excluded imports from North Korea and Belgium stainless SWR
surrogate value calculation. See Comment 3.
We have revised our calculations of Suchi's financial ratios in two
ways. First, we have not included octroi, insurance, and freight
forwarding expenses in the calculations of Suchi's financial ratios.
Second, we have excluded traded goods from the overhead ratio, but
included traded goods in the SG&A and profit ratios. See Comment 6.
Final Results of Review
We determined that the following dumping margin exists for the
period October 1, 2005, through September 30, 2006:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer margin
percentage
------------------------------------------------------------------------
Hangzhou Spring Washer Co., Ltd. (also known as Zhejiang 0.00
Wanxin Group, Ltd.).......................................
------------------------------------------------------------------------
Assessment Rates
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (``CBP'') 15 days after the date of
publication of these final results of review. In accordance with 19 CFR
351.212(b)(1), we have calculated importer-specific assessment rates
for merchandise subject to this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(C) of the Act: (1) For subject
merchandise exported by HSW, the cash deposit rate will be zero; (2)
for previously reviewed or investigated 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 continue to be the PRC-wide rate of 128.63 percent; and (4) for
all non-PRC exporters of subject merchandise that 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 deposit
requirements shall remain in effect until further notice.
Notification of 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 entries 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
(``APOs'') 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 that is subject to
sanction.
We are issuing and publishing this determination and notice in
accordance with sections 751(a) and 777(i) of the Act.
Dated: January 15, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix--List of Comments and Issues in the Issues and Decision
Memorandum
Comment 1: Appropriate Adverse Facts Available
Comment 2: Surrogate Value for Steel Wire Rod: Source
Comment 3: Surrogate Value for Steel Wire Rod: Adjustments to
Calculation
Comment 4: Surrogate Value for Hydrochloric Acid
Comment 5: Surrogate Financial Statements: Source
Comment 6: Surrogate Financial Statements: Adjustments to
Calculation
Comment 7: Whether To Adjust Overhead Ratio for Environmental
Compliance
[FR Doc. E8-1228 Filed 1-23-08; 8:45 am]
BILLING CODE 3510-DS-P