[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Notices]
[Pages 50266-50267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20495]


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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: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective date: August 19, 2015.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty order on hand trucks and 
certain parts thereof (hand trucks) from the People's Republic of China 
(PRC) would likely lead to a continuation or recurrence of dumping and 
material injury to an industry in the United States, the Department is 
publishing a notice of continuation for this antidumping duty order.
    Contact Information: Jacqueline Arrowsmith, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5255.

SUPPLEMENTARY INFORMATION:

Background

    On March 2, 2015, the Department initiated this sunset review on 
the antidumping duty order on hand trucks from the PRC, pursuant to 
section 751(c) and 752 of the Tariff Act of 1930, as amended (the 
Act).\1\ As a result of the review, the Department found that 
revocation of the antidumping order would likely lead to a continuation 
or recurrence of dumping, and therefore, notified the ITC of the 
magnitude of the dumping margins likely to prevail were the order to be 
revoked.\2\ On August 5, 2015, the ITC published its determination 
pursuant to section 751(c) and 752 of the Act that revocation of the 
antidumping duty order of hand trucks from the PRC would lead to a 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.\3\
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    \1\ See Initiation of Five Year (``Sunset'') Review, 80 FR 11164 
(March 2, 2015) (Sunset Initiation).
    \2\ See Hand Trucks and Certain Parts Thereof From the People's 
Republic of China: Final Results of the Expedited Second Sunset 
Review of the Antidumping Duty Order, 80 FR 39748 (July 10, 2015).
    \3\ See Hand Trucks and Certain Parts Thereof From China, 
[Investigation No. 731-TA-1059 (Second Review), 80 FR 46603 (ITC 
August 5, 2015).
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Scope of the Order for Hand Trucks

    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 petition. That the vertical frame, handling area, wheels, 
projecting edges or other parts of the hand truck can be collapsed or 
folded is

[[Page 50267]]

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.''

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of this antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to sections 751(c) and 
751(d)(2) of the Act, the Department hereby orders the continuation of 
the antidumping duty order on hand trucks from the PRC. U.S. Customs 
and Border Protection will continue to collect cash deposits for 
estimated antidumping duties at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of the continuation of this order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of this order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation of the order.
    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: August 12, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-20495 Filed 8-18-15; 8:45 am]
 BILLING CODE 3510-DS-P