[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11120-11121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5111]
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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: Final Results of Expedited Five-year (Sunset) Review of
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 2, 2009, the Department of Commerce (the
Department) initiated a sunset review of the antidumping duty order on
hand trucks and certain parts thereof (hand trucks) from the People's
Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act). On the basis of a notice of intent to
participate and an adequate substantive response filed on behalf of one
domestic interested party, and the lack of a response from respondent
interested parties, the Department conducted an expedited (120-day)
sunset review of this antidumping duty order. As a result of this
sunset review, the Department finds that revocation of the antidumping
duty order would be likely to lead to continuation or recurrence of
dumping at the levels identified below in the ``Final Results of Sunset
Review'' section of this notice.
EFFECTIVE DATE: March 10, 2010.
FOR FURTHER INFORMATION: David Cordell or Scott Hoefke, AD/CVD
Operations, Office 7, or Dana Mermelstein, AD/CVD Operations, Office 6,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-0408, (202) 482-4947 or
(202) 482-1391, 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 Act. See Initiation of Five-year (``Sunset'')
Reviews, 74 FR 56593 (November 2, 2009). The Department received a
notice of intent to participate from the domestic interested parties,
Gleason Industrial Products, Inc. and Precision Products, Inc.
(collectively, Gleason) within the deadline specified in 19 CFR
351.218(d)(1)(i).
Gleason claimed interested party status under section 771(9)(C) of
the Act as a U.S manufacturer and producer of the subject merchandise.
On November 24, 2009, the Department received a complete substantive
response from Gleason within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). The Department received no substantive responses from
respondent interested parties. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department has conducted an expedited sunset review of this order.
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, all
deadlines in this segment of the proceeding have been extended by
[[Page 11121]]
seven days. The revised deadline for the final results of this review
is now March 9, 2010. See Memorandum to the Record from Ronald
Lorentzen, DAS for import Administration, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure During
the Recent Snowstorm,'' dated February 12, 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.
Analysis of Comments Received
All issues raised in this case are addressed in the Issues and
Decision Memorandum from John M. Andersen, Acting Deputy Assistant
Secretary for AD/CVD Operations, Import Administration, to Carole
Showers, Acting Deputy Assistant Secretary for Import Administration,
dated March 2, 2010 (Decision Memorandum), which is hereby adopted by
this notice. The issues discussed in the Decision Memorandum include
the likelihood of continuation or recurrence of dumping and the
magnitude of the margin likely to prevail if the order was revoked.
Parties can find a complete discussion of all issues raised in this
sunset review and the corresponding recommendations in this public
memorandum, which is on file in room 1117 of the main Department
building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Internet at http://ia.ita.doc.gov/frn/. The
paper copy and electronic version of the Decision Memorandum are
identical in content.
Final Results of Sunset Review
The Department has determined that revocation of the antidumping
duty order on hand trucks from the PRC would likely lead to
continuation or recurrence of dumping at the following percentage
weighted-average margins:
------------------------------------------------------------------------
Weighted-Average
Manufacturers/ Exporters/Producers Margin (Percent)
------------------------------------------------------------------------
Qingdao Taifa Group Co., Ltd........................ 26.49 percent
True Potential Co................................... 33.68 percent
Qingdao Huatian Hand Truck Co., Ltd................. 46.48 percent
Shandong Machinery Import & Export Group Corp....... 32.76 percent
Qingdao Future Tool Inc............................. 32.76 percent
PRC-wide rate....................................... 383.60 percent
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This notice serves as the only reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or 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 which is
subject to sanction.
The Department is issuing and publishing these results and this
notice in accordance with sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: March 2, 2010.
Carole Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-5111 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-DS-S