[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18812-18814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08112]
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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 Antidumping Duty Changed Circumstances
Review and Revocation, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 3, 2015, the Department of Commerce (the Department)
published its notice of initiation and preliminary results of changed
circumstances review, and intent to revoke, in part, the antidumping
(AD) duty order on hand trucks and certain parts thereof (hand trucks)
from the People's Republic of China (PRC).\1\ We invited parties to
comment and received no comments. Therefore, we are now revoking the
order, in part, with respect to certain multifunction carts meeting the
specifications described below.
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\1\ See Hand Trucks and Certain Parts Thereof From the People's
Republic of China: Initiation and Preliminary Results of Changed
Circumstances Review, and Intent To Revoke Order In Part, 80 FR
11396 (March 3, 2015) (Initiation and Preliminary Results).
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DATES: Effective Dates: December 1, 2012 (AD order).
FOR FURTHER INFORMATION CONTACT: Scott Hoefke at (202) 482-4947 or
Robert James at (202) 482-0649; 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.
SUPPLEMENTARY INFORMATION:
Background
On December 2, 2004, the Department published in the Federal
Register the AD order on hand trucks from the PRC.\2\ On December 9,
2014, in accordance with sections 751(b) and 751(d)(1) of the Tariff
Act of 1930, as amended (the Act), 19 CFR 351.216(b), and 19 CFR
351.222(g)(1), Positec USA, Inc. and RW
[[Page 18813]]
Direct, Inc. (collectively, Positec), importers, requested revocation,
in part, of the Order with respect to its WORX Aerocart (Aerocart) as
part of a changed circumstances review. Positec requested that the
Department conduct the changed circumstances review on an expedited
basis pursuant to 19 CFR 351.221(c)(3)(ii). On March 3, 2015, the
Department published in the Federal Register the Initiation and
Preliminary Results. As noted above, we gave interested parties an
opportunity to comment on the Initiation and Preliminary Results. We
received no comments from interested parties. Therefore, we are now
revoking the Order, in part, with respect to certain multifunction
carts meeting the specifications described below.
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\2\ See Notice of Antidumping Duty Order: Hand Trucks and
Certain Parts Thereof From the People's Republic of China, 69 FR
70122 (December 2, 2004) (Order).
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Scope of Changed Circumstances Review
The merchandise covered by this changed circumstances review is a
multifunction cart that combines, among others, the capabilities of a
wheelbarrow and dolly. The product comprises a steel frame that can be
converted from vertical to horizontal functionality, two wheels toward
the lower end of the frame and two removable handles near the top. In
addition to a foldable projection edge in its extended position, it
includes a permanently attached steel tub or barrow. This product is
currently available under proprietary trade names such as the
``Aerocart.''
The scope of the Order will be modified to read as stated below.
Scope of the Order
The merchandise subject to this 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 petition. 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 petition. 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 petition. 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 petition.
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 8716.80.5010 of the Harmonized Tariff Schedule of the
United States (HTSUS), although they may also be imported under heading
8716.80.5090. 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 8716.90.5060
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 material
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.
Excluded from the scope is a multifunction cart that combines,
among others, the capabilities of a wheelbarrow and dolly. The product
comprises a steel frame that can be converted from vertical to
horizontal functionality, two wheels toward the lower end of the frame
and two removable handles near the top. In addition to a foldable
projection edge in its extended position, it includes a permanently
attached steel tub or barrow. This product is currently available under
proprietary trade names such as the ``Aerocart.''
Final Results of Changed Circumstances Review, and Revocation of the AD
Order in Part
At the request of Positec, and in accordance with sections
751(b)(1) and (d)(1) of the Act, 19 CFR 351.216, and 19 CFR
351.222(g)(1), the Department initiated a changed circumstances review
of the Order on hand trucks from the PRC to determine whether partial
revocation of the Order is warranted with respect to certain
multifunction carts.\3\ In addition, we determined that expedited
action is warranted and, consistent with 19 CFR 351.221(c)(3)(ii), we
combined the notices of initiation and preliminary results.\4\ Based on
the expression of no interest by Petitioners, which stated that they
are producers accounting for substantially all of the production of the
domestic like product in support of the Order,\5\ and absent any
objections by other domestic interested parties, we preliminarily
determined that substantially all of the domestic producers of the like
product have no interest in the continued application of the AD Order
on hand trucks from the PRC to the merchandise that is subject to
Positec's request. Therefore, we preliminarily determined that partial
revocation of the Order is appropriate. Accordingly, we notified the
public of our intent to revoke, in part, the AD Order with respect to
certain multifunction carts. We did not receive any comments from
parties objecting to the partial revocation. Because all parties to the
proceeding agree to the outcome of the review, we are issuing these
final results of changed circumstances review within 45 days of
initiation in accordance with 19 CFR 351.216(e).
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\3\ See Initiation and Preliminary Results.
\4\ Id.
\5\ See Letter from Petitioners, ``Hand Trucks and Certain Parts
Thereof From the People's Republic of China: Petitioner's Statement
That It Has No Interest In the WORX Aerocart Being Subject to the
Order,'' dated December 10, 2014 at 3.
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Therefore, in accordance with sections 751(d)(1) and 782(h) of the
Act, and 19 CFR 351.222(g)(1)(i), the Department is partially revoking
the AD Order on hand trucks from the PRC with respect to certain
multifunction carts meeting the specifications described above. This
partial revocation will be applied to entries of the certain
multifunction cart entered or withdrawn from warehouse, for
consumption, on or after December 1, 2012, which corresponds to the day
following the
[[Page 18814]]
last day of the most recently completed administrative review under the
order.\6\
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\6\ 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).
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Instructions to U.S. Customs and Border Protection
As we stated in our Initiation and Preliminary Results, we will
instruct U.S. Customs and Border Protection to end the suspension of
liquidation for the merchandise covered by the revocation on the
effective date of this notice of revocation, in part, and to release
any cash deposit or bond, pursuant to 19 CFR 351.222(g)(4).
Notification
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216(e), 351.221(b)(5), and
351.222(g).
Dated: April 2, 2015.
Paul Piquado
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-08112 Filed 4-7-15; 8:45 am]
BILLING CODE 3510-DS-P