[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22369-22370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10012]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof from the People's Republic
of China: Continuation of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 28, 2010.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
Commission) that revocation of the
[[Page 22370]]
antidumping duty order on hand trucks and certain parts thereof (hand
trucks) from the People's Republic of China (PRC) would likely lead to
a continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the antidumping duty order.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD
Operations Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230; telephone: (202) 482-6312 or (202)
482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 2009, the Department initiated a sunset review of
the antidumping duty order on hand trucks from the PRC pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Tariff Act).
See Initiation of Five-Year (``Sunset'') Reviews, 74 FR 56593 (November
2, 2009).
As a result of its review, the Department determined that
revocation of the antidumping duty order on hand trucks from the PRC
would likely lead to a continuation or recurrence of dumping and,
therefore, notified the Commission of the magnitude of the margins
likely to prevail should the order be revoked. See Hand Trucks and
Certain Parts Thereof from the People's Republic of China: Final
Results of Expedited Five-year (Sunset) Review of Antidumping Duty
Order, 75 FR 11120 (March 10, 2010).
On March 31, 2010, the Commission determined, pursuant to section
751(c) of the Tariff Act, that revocation of the antidumping duty order
on hand trucks from the PRC would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within the reasonably foreseeable future. See USITC Publication 4138
(April 2010), and Hand Trucks and Certain Parts Thereof from the
People's Republic of China, 75 FR 20862 (April 21, 2010).
Scope of the Order
The merchandise subject to this antidumping duty 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 order. 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 order. 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 order. 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 order.
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 materials
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. The written
description remains dispositive.
Continuation of the Order
As a result of these determinations by the Department and the
Commission that revocation of the antidumping duty order on hand trucks
would likely lead to a continuation or recurrence of dumping and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Tariff Act, the Department hereby orders the
continuation of the antidumping order on hand trucks from the PRC.
United States Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise. The effective date of the
continuation of the order will be the date of publication in the
Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Tariff Act, the Department
intends to initiate the next five-year review of the order not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Tariff Act and published pursuant to section
777(i)(1) of the Tariff Act.
Dated: April 22,2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-10012 Filed 4-27-10; 8:45 am]
BILLING CODE 3510-DS-S