[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 25945-25946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10531]


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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 Court Decision Not in Harmony With Final Scope 
Ruling and Notice of Amended Final Scope Ruling Pursuant to Court 
Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 24, 2013, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department's) 
final results of remand determination, regarding the scope of the Hand 
Trucks Order \1\ excluding the WelCom Products MCK Magna Cart pursuant 
to the CIT's remand order in WelCom Products, Inc. v. United States, 
Court No. 11-00370, Slip Op. 12-124 (September 27, 2012) (WelCom). See 
Results of Redetermination Pursuant to Court Order, Court No. 11-00370, 
dated December 20, 2012 (WelCom MCK Magna Cart Remand Results). 
Consistent with the decision of the United States Court of Appeals for 
the Federal Circuit (Federal Circuit) in Timken Co. v. United States, 
893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond 
Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 
2010) (Diamond Sawblades), the Department is notifying the public that 
the final judgment in this case is not in harmony with the Department's 
final scope ruling and is amending its final scope ruling on WelCom 
Products' MCK Magna Cart. See the memorandum entitled ``Hand Trucks and 
Certain Parts Thereof from the People's Republic of China (PRC): Final 
Scope Ruling--WelCom Products MC2 Magna Cart, MCI Magna Cart, and MCK 
Magna Cart,'' dated September 6, 2011 (Final Scope Ruling).
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    \1\ 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) (Hand Trucks Order).

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DATES: Effective Date: May 4, 2013.

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import Administration--International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482-
1131 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 12, 2010, WelCom Products (WelCom) submitted a request 
inquiring whether three of its products, the MC2 Magna Cart, MCI Magna 
Cart, and MCK Magna Cart, are outside of the scope of the Hand Trucks 
Order. In the Final Scope Ruling, the Department found the MC2 Magna 
Cart and the MCI Magna Cart are not within the scope of the hand trucks 
order, but the MCK Magna Cart is within the scope of the Hand Trucks 
Order. WelCom challenged the Department's final determination with 
respect to the MCK Magna Cart, and U.S. producer Gleason Industries 
challenged the Department's final determination with respect to the MC2 
Magna Cart and the MCI Magna Cart. The Court sustained the Department's 
ruling with respect to the latter two products, but found the 
Department's decision regarding the MCK Magna Cart to be unreasonable. 
With respect to the MCK Magna Cart, the Court found the Department had 
not justified its conclusion in light of the Department's prior scope 
rulings, and, therefore, the ruling must be set aside and reconsidered. 
The Court ordered the Department to reconsider its conclusion that the 
entire telescoping portion of the frame must be less than 5/8'' in 
diameter in order for a product to meet scope exclusion language in the 
order, and to further consider the record developed in the ITC injury 
determination. See WelCom at 14. Pursuant to the Court's order in 
WelCom, in WelCom MCK Magna Cart Remand Results we determined that the 
MCK Magna Cart is outside the scope of the Hand Trucks Order.\2\ The 
CIT sustained the Department's remand redetermination on April 24, 
2013. See WelCom Products, Inc. v. United States, Court Number 11-0370, 
Slip Op. 1354, April 24, 2013.
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    \2\ The Department noted that it was conducting the remand 
respectfully under protest. See WelCom MCK Magna Cart Remand Results 
at 2. See also Viraj Group, Ltd. v. United States, 343 F.3d 1371 
(Fed. Cir. 2003).
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the Federal Circuit has 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 and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's April 24, 2013, 
judgment sustaining the Department's remand redetermination construing 
the scope of

[[Page 25946]]

the Hand Trucks Order as not covering WelCom's MCK Magna Cart 
constitutes a final decision of that court that is not in harmony with 
the Department's Final Scope Ruling. This notice is published in 
fulfillment of the publication requirements of Timken. Accordingly, the 
Department will continue the suspension of liquidation of WelCom's MCK 
Magna Cart from the PRC pending the expiration of the period of appeal 
or, if appealed, pending a final and conclusive court decision. The 
cash deposit rate on WelCom's MCK Magna Cart will be zero percent.

Amended Final Scope Ruling

    Because there is now a final court decision with respect to 
WelCom's MCK Magna Cart, the Department amends its final scope ruling 
and now finds that the scope of the Hand Trucks Order does not cover 
WelCom's MCK Magna Cart. The Department will instruct U.S. Customs and 
Border Protection (CBP) that the cash deposit rate on WelCom's MCK 
Magna Cart will be zero percent. In the event the CIT's ruling is not 
appealed or, if appealed, upheld by the Federal Circuit, the Department 
will instruct CBP to liquidate entries of WelCom's MCK Magna Cart 
without regard to antidumping duties, and to lift suspension of 
liquidation of such entries.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: April 29, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-10531 Filed 5-2-13; 8:45 am]
BILLING CODE 3510-DS-P