[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