[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Notices]
[Pages 25147-25148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6434]


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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: Notice of Decision of the Court of International Trade Not in 
Harmony

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On March 8, 2006, the United States Court of International 
Trade (``Court'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the Court's 
remand of the scope of the antidumping duty order on hand trucks from 
the People's Republic of China (``PRC''). See Vertex International, 
Inc., v. United States, Ct. No. 05-00272, Slip Op. 06-35 (Ct. Int'l 
Trade March 8, 2006) (``Vertex II''). This case arises out of the 
Department's Antidumping Duty Order on Hand Trucks and Certain Parts 
Thereof from the People's Republic of China, 69 FR 70122 (December 2, 
2004) (``Order''). The final judgment in this case was not in harmony 
with the Department's February 2005 Final Scope Ruling.

EFFECTIVE DATE: April 28, 2006.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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) 482-6412.

SUPPLEMENTARY INFORMATION:

Background

    On December 27, 2004, Vertex International, Inc. (``Vertex'') 
requested a ruling from the Department to determine whether its garden 
cart, model MO 480 Deluxe Garden Cart, fell within the scope of the 
antidumping duty order on hand trucks from the PRC. See Vertex's Scope 
Ruling Request, Exhibit A (December 27, 2004) (``Scope Ruling 
Request''). On January 19, 2005, the Petitioners, Gleason Industrial 
Products, Inc. and Precision Products, Inc., stated that Vertex's 
garden cart was not within the scope of the order because the 
projecting edge on its product is incapable of sliding under a load for 
purposes of lifting and/or moving the load.
    In an unpublished ruling, the Department found that the garden cart 
exhibited all of the essential physical characteristics of hand trucks 
as outlined by the Order and was within the scope of the Order. See 
Memorandum from Aishe Allen, Case Analyst, though Wendy Frankel, Office 
Director to Barbara E. Tillman, Acting Deputy Assistant Secretary: 
Final Scope Ruling on the Antidumping Duty Order From the People's 
Republic of China, February 15, 2005 (``Final Scope Ruling'').
    On March 17, 2005, Vertex filed its summons with the Court alleging 
that the Department's determination that the garden cart was within the 
scope of the Order was not supported by substantial evidence. On 
January 19, 2006, the Court issued its opinion finding that there was 
substantial evidence on the record demonstrating that Vertex's cart was 
outside the scope of the order. See Vertex International, Inc. v. 
United States, Ct. No. 05-00272, Slip Op. 06-10 (CIT January 19, 2006) 
(``Vertex I''). The Court instructed the Department to issue a 
determination that Vertex's garden cart is outside the scope of the 
order on hand trucks.
    On February 21, 2006, the Department issued its final results of 
redetermination pursuant to court remand, in which the Department 
stated that we found Vertex's MO 480 Deluxe Garden Cart outside the 
scope of the Order on hand trucks. On March 8, 2006, the Court issued 
an opinion affirming this conclusion. See Vertex II.

Timken Notice

    In its decision in Timken Co., v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for 
the Federal Circuit held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination. The Court's decision in Vertex on March 8, 
2006, constitutes a final decision of that court that is not in harmony 
with the Department's scope ruling. This notice is published in 
fulfillment of the publication requirements of Timken. Accordingly, the 
Department will issue revised instructions to U.S. Customs and Border 
Protection if the Court's decision is not appealed or if it is affirmed 
on appeal.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.


[[Page 25148]]


    Dated: April 21, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-6434 Filed 4-27-06; 8:45 am]
BILLING CODE 3510-DS-S