80_FR_11266 80 FR 11226 - Hand Trucks and Certain Parts Thereof From China; Institution of a Five-Year Review

80 FR 11226 - Hand Trucks and Certain Parts Thereof From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range11226-11229
FR Document2015-04245

The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on hand trucks and certain parts thereof from China would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is April 1, 2015. Comments on the adequacy of responses may be filed with the Commission by May 14, 2015. For further information concerning the conduct of this proceeding and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11226-11229]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04245]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-1059 (Second Review)]


Hand Trucks and Certain Parts Thereof From China; Institution of 
a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the antidumping 
duty order on hand trucks and certain parts thereof from China would be 
likely to lead to continuation or recurrence of material injury. 
Pursuant to section 751(c)(2) of the Act, interested parties are 
requested to respond to this notice by submitting the information 
specified below to the Commission; \1\ to be assured of consideration, 
the deadline for responses is April 1, 2015. Comments on the adequacy 
of responses may be

[[Page 11227]]

filed with the Commission by May 14, 2015. For further information 
concerning the conduct of this proceeding and rules of general 
application, consult the Commission's Rules of Practice and Procedure, 
part 201, subparts A through E (19 CFR part 201), and part 207, 
subparts A, D, E, and F (19 CFR part 207).
---------------------------------------------------------------------------

    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 15-5-326, 
expiration date June 30, 2017. Public reporting burden for the 
request is estimated to average 15 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436.

---------------------------------------------------------------------------
DATES: Effective Date: March 2, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov). The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On December 2, 2004, the Department of Commerce issued 
an antidumping duty order on imports of hand trucks and certain parts 
thereof from China (69 FR 70122-70123). Following first five-year 
reviews by Commerce and the Commission, effective April 28, 2010, 
Commerce issued a continuation of the antidumping duty order on imports 
of hand trucks and certain parts thereof from China (75 FR 22369). The 
Commission is now conducting a second review to determine whether 
revocation of the order would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. It will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct a full review or an expedited review. The Commission's 
determination in any expedited review will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is China.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination and its expedited first five-year review determination, 
the Commission found a single Domestic Like Product comprised of 
finished hand trucks and certain hand truck parts corresponding to 
Commerce's scope of investigation.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination and 
its expedited first five-year review determination, the Commission 
found a single Domestic Industry consisting of all U.S. producers of 
the Domestic Like Product which, as stated above, consists of all 
finished hand trucks and hand truck parts corresponding to Commerce's 
scope of investigations.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 
202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under Title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is April 1, 2015. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct an expedited or full review. The deadline for filing 
such comments is May 14, 2015. All written submissions must

[[Page 11228]]

conform with the provisions of sections 201.8 and 207.3 of the 
Commission's rules and any submissions that contain BPI must also 
conform with the requirements of sections 201.6 and 207.7 of the 
Commission's rules. Please be aware that the Commission's rules with 
respect to filing have changed. The most recent amendments took effect 
on July 25, 2014. See 79 FR 35920 (June 25, 2014), and the revised 
Commission Handbook on E-filing, available from the Commission's Web 
site at http://edis.usitc.gov. Also, in accordance with sections 
201.16(c) and 207.3 of the Commission's rules, each document filed by a 
party to the proceeding must be served on all other parties to the 
proceeding (as identified by either the public or APO service list as 
appropriate), and a certificate of service must accompany the document 
(if you are not a party to the proceeding you do not need to serve your 
response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determination in the review.
    Information To Be Provided In Response to This Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2008.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2014, except as noted (report quantity 
data in units and value data in U.S. dollars, f.o.b. plant). If you are 
a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2014 (report quantity data in units and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2014 (report quantity 
data in units and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.

[[Page 11229]]

    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2008, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of 
Title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.
    Issued: February 25, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-04245 Filed 2-27-15; 8:45 am]
BILLING CODE 7020-02-P



                                                    11226                          Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices

                                                    operations on that product during                       Merchandise imported from the Subject                 include end uses and applications; the
                                                    calendar year 2014, except as noted                     Country; and                                          existence and availability of substitute
                                                    (report quantity data in square yards                      (c) the quantity and value (f.o.b. U.S.            products; and the level of competition
                                                    and value data in U.S. dollars, f.o.b.                  port, including antidumping duties) of                among the Domestic Like Product
                                                    plant). If you are a union/worker group                 U.S. internal consumption/company                     produced in the United States, Subject
                                                    or trade/business association, provide                  transfers of Subject Merchandise                      Merchandise produced in the Subject
                                                    the information, on an aggregate basis,                 imported from the Subject Country.                    Country, and such merchandise from
                                                    for the firms in which your workers are                    (11) If you are a producer, an exporter,           other countries.
                                                    employed/which are members of your                      or a trade/business association of                       (13) (Optional) A statement of
                                                    association.                                            producers or exporters of the Subject                 whether you agree with the above
                                                       (a) Production (quantity) and, if                    Merchandise in the Subject Country,                   definitions of the Domestic Like Product
                                                    known, an estimate of the percentage of                 provide the following information on                  and Domestic Industry; if you disagree
                                                    total U.S. production of the Domestic                   your firm’s(s’) operations on that                    with either or both of these definitions,
                                                    Like Product accounted for by your                      product during calendar year 2014                     please explain why and provide
                                                    firm’s(s’) production;                                  (report quantity data in square yards                 alternative definitions.
                                                       (b) Capacity (quantity) of your firm to              and value data in U.S. dollars, landed
                                                    produce the Domestic Like Product (i.e.,                and duty-paid at the U.S. port but not                  Authority: This proceeding is being
                                                                                                                                                                  conducted under authority of Title VII of the
                                                    the level of production that your                       including antidumping duties). If you                 Tariff Act of 1930; this notice is published
                                                    establishment(s) could reasonably have                  are a trade/business association, provide             pursuant to section 207.61 of the
                                                    expected to attain during the year,                     the information, on an aggregate basis,               Commission’s rules.
                                                    assuming normal operating conditions                    for the firms which are members of your
                                                                                                                                                                    By order of the Commission.
                                                    (using equipment and machinery in                       association.
                                                    place and ready to operate), normal                        (a) Production (quantity) and, if                    Issued: February 25, 2015.
                                                    operating levels (hours per week/weeks                  known, an estimate of the percentage of               Lisa R. Barton,
                                                    per year), time for downtime,                           total production of Subject Merchandise               Secretary to the Commission.
                                                    maintenance, repair, and cleanup, and a                 in the Subject Country accounted for by               [FR Doc. 2015–04252 Filed 2–27–15; 8:45 am]
                                                    typical or representative product mix);                 your firm’s(s’) production;                           BILLING CODE 7020–02–P
                                                       (c) the quantity and value of U.S.                      (b) Capacity (quantity) of your firm(s)
                                                    commercial shipments of the Domestic                    to produce the Subject Merchandise in
                                                    Like Product produced in your U.S.                      the Subject Country (i.e., the level of               INTERNATIONAL TRADE
                                                    plant(s);                                               production that your establishment(s)                 COMMISSION
                                                       (d) the quantity and value of U.S.                   could reasonably have expected to
                                                                                                            attain during the year, assuming normal               [Investigation No. 731–1059 (Second
                                                    internal consumption/company                                                                                  Review)]
                                                    transfers of the Domestic Like Product                  operating conditions (using equipment
                                                    produced in your U.S. plant(s); and                     and machinery in place and ready to                   Hand Trucks and Certain Parts Thereof
                                                       (e) the value of (i) net sales, (ii) cost            operate), normal operating levels (hours              From China; Institution of a Five-Year
                                                    of goods sold (COGS), (iii) gross profit,               per week/weeks per year), time for                    Review
                                                    (iv) selling, general and administrative                downtime, maintenance, repair, and
                                                    (SG&A) expenses, and (v) operating                      cleanup, and a typical or representative              AGENCY: United States International
                                                    income of the Domestic Like Product                     product mix); and                                     Trade Commission.
                                                    produced in your U.S. plant(s) (include                    (c) the quantity and value of your                 ACTION: Notice.
                                                    both U.S. and export commercial sales,                  firm’s(s’) exports to the United States of
                                                    internal consumption, and company                       Subject Merchandise and, if known, an                 SUMMARY:   The Commission hereby gives
                                                    transfers) for your most recently                       estimate of the percentage of total                   notice that it has instituted a review
                                                    completed fiscal year (identify the date                exports to the United States of Subject               pursuant to section 751(c) of the Tariff
                                                    on which your fiscal year ends).                        Merchandise from the Subject Country                  Act of 1930 (19 U.S.C. 1675(c)) (the Act)
                                                       (10) If you are a U.S. importer or a                 accounted for by your firm’s(s’) exports.             to determine whether revocation of the
                                                    trade/business association of U.S.                         (12) Identify significant changes, if              antidumping duty order on hand trucks
                                                    importers of the Subject Merchandise                    any, in the supply and demand                         and certain parts thereof from China
                                                    from the Subject Country, provide the                   conditions or business cycle for the                  would be likely to lead to continuation
                                                    following information on your firm’s(s’)                Domestic Like Product that have                       or recurrence of material injury.
                                                    operations on that product during                       occurred in the United States or in the               Pursuant to section 751(c)(2) of the Act,
                                                    calendar year 2014 (report quantity data                market for the Subject Merchandise in                 interested parties are requested to
                                                    in square yards and value data in U.S.                  the Subject Country after 2008, and                   respond to this notice by submitting the
                                                    dollars). If you are a trade/business                   significant changes, if any, that are                 information specified below to the
                                                    association, provide the information, on                likely to occur within a reasonably                   Commission; 1 to be assured of
                                                    an aggregate basis, for the firms which                 foreseeable time. Supply conditions to                consideration, the deadline for
                                                    are members of your association.                        consider include technology;                          responses is April 1, 2015. Comments
                                                       (a) The quantity and value (landed,                  production methods; development                       on the adequacy of responses may be
                                                    duty-paid but not including                             efforts; ability to increase production
                                                    antidumping duties) of U.S. imports                     (including the shift of production
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                    1 No response to this request for information is

                                                    and, if known, an estimate of the                       facilities used for other products and the            required if a currently valid Office of Management
                                                                                                                                                                  and Budget (OMB) number is not displayed; the
                                                    percentage of total U.S. imports of                     use, cost, or availability of major inputs            OMB number is 3117–0016/USITC No. 15–5–326,
                                                    Subject Merchandise from the Subject                    into production); and factors related to              expiration date June 30, 2017. Public reporting
                                                    Country accounted for by your firm’s(s’)                the ability to shift supply among                     burden for the request is estimated to average 15
                                                    imports;                                                different national markets (including                 hours per response. Please send comments
                                                                                                                                                                  regarding the accuracy of this burden estimate to
                                                       (b) the quantity and value (f.o.b. U.S.              barriers to importation in foreign                    the Office of Investigations, U.S. International Trade
                                                    port, including antidumping duties) of                  markets or changes in market demand                   Commission, 500 E Street SW., Washington, DC
                                                    U.S. commercial shipments of Subject                    abroad). Demand conditions to consider                20436.



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                                                                                   Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices                                            11227

                                                    filed with the Commission by May 14,                    products which are like, or in the                    201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                    2015. For further information                           absence of like, most similar in                      73 FR 24609 (May 5, 2008).
                                                    concerning the conduct of this                          characteristics and uses with, the                    Consequently, former employees are not
                                                    proceeding and rules of general                         Subject Merchandise. In its original                  required to seek Commission approval
                                                    application, consult the Commission’s                   determination and its expedited first                 to appear in a review under Commission
                                                    Rules of Practice and Procedure, part                   five-year review determination, the                   rule 19 CFR 201.15, even if the
                                                    201, subparts A through E (19 CFR part                  Commission found a single Domestic                    corresponding underlying original
                                                    201), and part 207, subparts A, D, E, and               Like Product comprised of finished                    investigation or an earlier review of the
                                                    F (19 CFR part 207).                                    hand trucks and certain hand truck                    same underlying investigation was
                                                    DATES: Effective Date: March 2, 2015.                   parts corresponding to Commerce’s                     pending when they were Commission
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            scope of investigation.                               employees. For further ethics advice on
                                                                                                               (4) The Domestic Industry is the U.S.              this matter, contact Carol McCue
                                                    Mary Messer (202–205–3193), Office of
                                                                                                            producers as a whole of the Domestic                  Verratti, Deputy Agency Ethics Official,
                                                    Investigations, U.S. International Trade
                                                                                                            Like Product, or those producers whose                at 202–205–3088.
                                                    Commission, 500 E Street SW.,
                                                                                                            collective output of the Domestic Like                   Limited disclosure of business
                                                    Washington, DC 20436. Hearing-
                                                                                                            Product constitutes a major proportion                proprietary information (BPI) under an
                                                    impaired persons can obtain
                                                                                                            of the total domestic production of the               administrative protective order (APO)
                                                    information on this matter by contacting
                                                                                                            product. In its original determination                and APO service list.—Pursuant to
                                                    the Commission’s TDD terminal on 202–                   and its expedited first five-year review              section 207.7(a) of the Commission’s
                                                    205–1810. Persons with mobility                         determination, the Commission found a                 rules, the Secretary will make BPI
                                                    impairments who will need special                       single Domestic Industry consisting of                submitted in this proceeding available
                                                    assistance in gaining access to the                     all U.S. producers of the Domestic Like               to authorized applicants under the APO
                                                    Commission should contact the Office                    Product which, as stated above, consists              issued in the proceeding, provided that
                                                    of the Secretary at 202–205–2000.                       of all finished hand trucks and hand                  the application is made no later than 21
                                                    General information concerning the                      truck parts corresponding to                          days after publication of this notice in
                                                    Commission may also be obtained by                      Commerce’s scope of investigations.                   the Federal Register. Authorized
                                                    accessing its internet server (http://                     (5) An Importer is any person or firm              applicants must represent interested
                                                    www.usitc.gov). The public record for                   engaged, either directly or through a                 parties, as defined in 19 U.S.C. 1677(9),
                                                    this proceeding may be viewed on the                    parent company or subsidiary, in                      who are parties to the proceeding. A
                                                    Commission’s electronic docket (EDIS)                   importing the Subject Merchandise into                separate service list will be maintained
                                                    at http://edis.usitc.gov.                               the United States from a foreign                      by the Secretary for those parties
                                                    SUPPLEMENTARY INFORMATION:                              manufacturer or through its selling                   authorized to receive BPI under the
                                                       Background.—On December 2, 2004,                     agent.                                                APO.
                                                    the Department of Commerce issued an                       Participation in the proceeding and                   Certification.—Pursuant to section
                                                    antidumping duty order on imports of                    public service list.—Persons, including               207.3 of the Commission’s rules, any
                                                    hand trucks and certain parts thereof                   industrial users of the Subject                       person submitting information to the
                                                    from China (69 FR 70122–70123).                         Merchandise and, if the merchandise is                Commission in connection with this
                                                    Following first five-year reviews by                    sold at the retail level, representative              proceeding must certify that the
                                                    Commerce and the Commission,                            consumer organizations, wishing to                    information is accurate and complete to
                                                    effective April 28, 2010, Commerce                      participate in the proceeding as parties              the best of the submitter’s knowledge. In
                                                    issued a continuation of the                            must file an entry of appearance with                 making the certification, the submitter
                                                    antidumping duty order on imports of                    the Secretary to the Commission, as                   will be deemed to consent, unless
                                                    hand trucks and certain parts thereof                   provided in section 201.11(b)(4) of the               otherwise specified, for the
                                                    from China (75 FR 22369). The                           Commission’s rules, no later than 21                  Commission, its employees, and
                                                    Commission is now conducting a                          days after publication of this notice in              contract personnel to use the
                                                    second review to determine whether                      the Federal Register. The Secretary will              information provided in any other
                                                    revocation of the order would be likely                 maintain a public service list containing             reviews or investigations of the same or
                                                    to lead to continuation or recurrence of                the names and addresses of all persons,               comparable products which the
                                                    material injury to the domestic industry                or their representatives, who are parties             Commission conducts under Title VII of
                                                    within a reasonably foreseeable time. It                to the proceeding.                                    the Act, or in internal audits and
                                                    will assess the adequacy of interested                     Former Commission employees who                    investigations relating to the programs
                                                    party responses to this notice of                       are seeking to appear in Commission                   and operations of the Commission
                                                    institution to determine whether to                     five-year reviews are advised that they               pursuant to 5 U.S.C. Appendix 3.
                                                    conduct a full review or an expedited                   may appear in a review even if they                      Written submissions.—Pursuant to
                                                    review. The Commission’s                                participated personally and                           section 207.61 of the Commission’s
                                                    determination in any expedited review                   substantially in the corresponding                    rules, each interested party response to
                                                    will be based on the facts available,                   underlying original investigation or an               this notice must provide the information
                                                    which may include information                           earlier review of the same underlying                 specified below. The deadline for filing
                                                    provided in response to this notice.                    investigation. The Commission’s                       such responses is April 1, 2015.
                                                       Definitions.—The following                           designated agency ethics official has                 Pursuant to section 207.62(b) of the
                                                                                                            advised that a five-year review is not the            Commission’s rules, eligible parties (as
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                                                    definitions apply to this review:
                                                       (1) Subject Merchandise is the class or              same particular matter as the underlying              specified in Commission rule
                                                    kind of merchandise that is within the                  original investigation, and a five-year               207.62(b)(1)) may also file comments
                                                    scope of the five-year review, as defined               review is not the same particular matter              concerning the adequacy of responses to
                                                    by the Department of Commerce.                          as an earlier review of the same                      the notice of institution and whether the
                                                       (2) The Subject Country in this review               underlying investigation for purposes of              Commission should conduct an
                                                    is China.                                               18 U.S.C. 207, the post employment                    expedited or full review. The deadline
                                                       (3) The Domestic Like Product is the                 statute for Federal employees, and                    for filing such comments is May 14,
                                                    domestically produced product or                        Commission rule 201.15(b) (19 CFR                     2015. All written submissions must


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                                                    11228                          Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices

                                                    conform with the provisions of sections                    (3) A statement indicating whether                 place and ready to operate), normal
                                                    201.8 and 207.3 of the Commission’s                     your firm/entity is willing to participate            operating levels (hours per week/weeks
                                                    rules and any submissions that contain                  in this proceeding by providing                       per year), time for downtime,
                                                    BPI must also conform with the                          information requested by the                          maintenance, repair, and cleanup, and a
                                                    requirements of sections 201.6 and                      Commission.                                           typical or representative product mix);
                                                    207.7 of the Commission’s rules. Please                    (4) A statement of the likely effects of              (c) the quantity and value of U.S.
                                                    be aware that the Commission’s rules                    the revocation of the antidumping duty                commercial shipments of the Domestic
                                                    with respect to filing have changed. The                order on the Domestic Industry in                     Like Product produced in your U.S.
                                                    most recent amendments took effect on                   general and/or your firm/entity                       plant(s);
                                                    July 25, 2014. See 79 FR 35920 (June 25,                specifically. In your response, please                   (d) the quantity and value of U.S.
                                                    2014), and the revised Commission                       discuss the various factors specified in              internal consumption/company
                                                    Handbook on E-filing, available from the                section 752(a) of the Act (19 U.S.C.                  transfers of the Domestic Like Product
                                                    Commission’s Web site at http://                        1675a(a)) including the likely volume of              produced in your U.S. plant(s); and
                                                    edis.usitc.gov. Also, in accordance with                subject imports, likely price effects of                 (e) the value of (i) net sales, (ii) cost
                                                    sections 201.16(c) and 207.3 of the                     subject imports, and likely impact of                 of goods sold (COGS), (iii) gross profit,
                                                    Commission’s rules, each document                       imports of Subject Merchandise on the                 (iv) selling, general and administrative
                                                    filed by a party to the proceeding must                 Domestic Industry.                                    (SG&A) expenses, and (v) operating
                                                    be served on all other parties to the                      (5) A list of all known and currently              income of the Domestic Like Product
                                                    proceeding (as identified by either the                 operating U.S. producers of the                       produced in your U.S. plant(s) (include
                                                    public or APO service list as                           Domestic Like Product. Identify any                   both U.S. and export commercial sales,
                                                    appropriate), and a certificate of service              known related parties and the nature of               internal consumption, and company
                                                    must accompany the document (if you                     the relationship as defined in section                transfers) for your most recently
                                                    are not a party to the proceeding you do                771(4)(B) of the Act (19 U.S.C.                       completed fiscal year (identify the date
                                                    not need to serve your response).                       1677(4)(B)).                                          on which your fiscal year ends).
                                                                                                               (6) A list of all known and currently                 (10) If you are a U.S. importer or a
                                                       Inability to provide requested
                                                                                                            operating U.S. importers of the Subject               trade/business association of U.S.
                                                    information.—Pursuant to section
                                                                                                            Merchandise and producers of the                      importers of the Subject Merchandise
                                                    207.61(c) of the Commission’s rules, any
                                                                                                            Subject Merchandise in the Subject                    from the Subject Country, provide the
                                                    interested party that cannot furnish the
                                                                                                            Country that currently export or have                 following information on your firm’s(s’)
                                                    information requested by this notice in
                                                                                                            exported Subject Merchandise to the                   operations on that product during
                                                    the requested form and manner shall
                                                                                                            United States or other countries after                calendar year 2014 (report quantity data
                                                    notify the Commission at the earliest
                                                                                                            2008.                                                 in units and value data in U.S. dollars).
                                                    possible time, provide a full explanation
                                                                                                               (7) A list of 3–5 leading purchasers in            If you are a trade/business association,
                                                    of why it cannot provide the requested
                                                                                                            the U.S. market for the Domestic Like                 provide the information, on an aggregate
                                                    information, and indicate alternative
                                                                                                            Product and the Subject Merchandise                   basis, for the firms which are members
                                                    forms in which it can provide
                                                                                                            (including street address, World Wide                 of your association.
                                                    equivalent information. If an interested                                                                         (a) The quantity and value (landed,
                                                                                                            Web address, and the name, telephone
                                                    party does not provide this notification                                                                      duty-paid but not including
                                                                                                            number, fax number, and Email address
                                                    (or the Commission finds the                                                                                  antidumping duties) of U.S. imports
                                                                                                            of a responsible official at each firm).
                                                    explanation provided in the notification                   (8) A list of known sources of                     and, if known, an estimate of the
                                                    inadequate) and fails to provide a                      information on national or regional                   percentage of total U.S. imports of
                                                    complete response to this notice, the                   prices for the Domestic Like Product or               Subject Merchandise from the Subject
                                                    Commission may take an adverse                          the Subject Merchandise in the U.S. or                Country accounted for by your firm’s(s’)
                                                    inference against the party pursuant to                 other markets.                                        imports;
                                                    section 776(b) of the Act (19 U.S.C.                       (9) If you are a U.S. producer of the                 (b) the quantity and value (f.o.b. U.S.
                                                    1677e(b)) in making its determination in                Domestic Like Product, provide the                    port, including antidumping duties) of
                                                    the review.                                             following information on your firm’s                  U.S. commercial shipments of Subject
                                                       Information To Be Provided In                        operations on that product during                     Merchandise imported from the Subject
                                                    Response to This Notice of Institution:                 calendar year 2014, except as noted                   Country; and
                                                    As used below, the term ‘‘firm’’ includes               (report quantity data in units and value                 (c) the quantity and value (f.o.b. U.S.
                                                    any related firms.                                      data in U.S. dollars, f.o.b. plant). If you           port, including antidumping duties) of
                                                       (1) The name and address of your firm                are a union/worker group or trade/                    U.S. internal consumption/company
                                                    or entity (including World Wide Web                     business association, provide the                     transfers of Subject Merchandise
                                                    address) and name, telephone number,                    information, on an aggregate basis, for               imported from the Subject Country.
                                                    fax number, and Email address of the                    the firms in which your workers are                      (11) If you are a producer, an exporter,
                                                    certifying official.                                    employed/which are members of your                    or a trade/business association of
                                                       (2) A statement indicating whether                   association.                                          producers or exporters of the Subject
                                                    your firm/entity is a U.S. producer of                     (a) Production (quantity) and, if                  Merchandise in the Subject Country,
                                                    the Domestic Like Product, a U.S. union                 known, an estimate of the percentage of               provide the following information on
                                                    or worker group, a U.S. importer of the                 total U.S. production of the Domestic                 your firm’s(s’) operations on that
                                                    Subject Merchandise, a foreign producer                 Like Product accounted for by your                    product during calendar year 2014
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                                                    or exporter of the Subject Merchandise,                 firm’s(s’) production;                                (report quantity data in units and value
                                                    a U.S. or foreign trade or business                        (b) Capacity (quantity) of your firm to            data in U.S. dollars, landed and duty-
                                                    association, or another interested party                produce the Domestic Like Product (i.e.,              paid at the U.S. port but not including
                                                    (including an explanation). If you are a                the level of production that your                     antidumping duties). If you are a trade/
                                                    union/worker group or trade/business                    establishment(s) could reasonably have                business association, provide the
                                                    association, identify the firms in which                expected to attain during the year,                   information, on an aggregate basis, for
                                                    your workers are employed or which are                  assuming normal operating conditions                  the firms which are members of your
                                                    members of your association.                            (using equipment and machinery in                     association.


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                                                                                   Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices                                                   11229

                                                       (a) Production (quantity) and, if                      Issued: February 25, 2015.                          including the number of initial claims,
                                                    known, an estimate of the percentage of                 Lisa R. Barton,                                       first payments, weeks claimed, weeks
                                                    total production of Subject Merchandise                 Secretary to the Commission.                          compensated, benefit payments and
                                                    in the Subject Country accounted for by                 [FR Doc. 2015–04245 Filed 2–27–15; 8:45 am]           final payments. These data are used in
                                                    your firm’s(s’) production;                             BILLING CODE 7020–02–P                                budgetary and administrative planning,
                                                       (b) Capacity (quantity) of your firm(s)                                                                    program evaluation, actuarial and
                                                    to produce the Subject Merchandise in                                                                         program research, and reports to
                                                    the Subject Country (i.e., the level of                 DEPARTMENT OF LABOR                                   Congress and the public.
                                                    production that your establishment(s)
                                                    could reasonably have expected to                       Comment Request for Information                       II. Review Focus
                                                    attain during the year, assuming normal                 Collection for OMB 1205–0010, ETA
                                                    operating conditions (using equipment                                                                           The Department is particularly
                                                                                                            5159, Claims and Payment Activities                   interested in comments which:
                                                    and machinery in place and ready to                     Report; Extension Without Change
                                                    operate), normal operating levels (hours                                                                        * Evaluate whether the proposed
                                                    per week/weeks per year), time for                      AGENCY: Employment and Training                       collection of information is necessary to
                                                    downtime, maintenance, repair, and                      Administration (ETA), Labor.                          describe claims and payment activities,
                                                    cleanup, and a typical or representative                ACTION: Notice.                                       including whether the information will
                                                    product mix); and                                                                                             have practical utility;
                                                       (c) the quantity and value of your                   SUMMARY:    The Department of Labor, as
                                                                                                            part of its continuing effort to reduce                 * Evaluate the accuracy of the
                                                    firm’s(s’) exports to the United States of
                                                                                                            paperwork and respondent burden,                      agency’s estimate of the burden of the
                                                    Subject Merchandise and, if known, an
                                                                                                            conducts a preclearance consultation                  proposed collection of information,
                                                    estimate of the percentage of total
                                                                                                            program to provide the general public                 including the validity of the
                                                    exports to the United States of Subject
                                                    Merchandise from the Subject Country                    and Federal agencies with an                          methodology and assumptions used;
                                                    accounted for by your firm’s(s’) exports.               opportunity to comment on proposed                      * Enhance the quality, utility, and
                                                       (12) Identify significant changes, if                and/or continuing collection of                       clarity of the information to be
                                                    any, in the supply and demand                           information in accordance with the                    collected; and
                                                    conditions or business cycle for the                    Paperwork Reduction Act of 1995
                                                                                                            (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This                 * Minimize the burden of the
                                                    Domestic Like Product that have                                                                               collection of information on those who
                                                    occurred in the United States or in the                 program helps to ensure that requested
                                                                                                            data can be provided in the desired                   are to respond, including the use of
                                                    market for the Subject Merchandise in                                                                         appropriate automated, electronic,
                                                    the Subject Country after 2008, and                     format, reporting burden (time and
                                                                                                            financial resources) is minimized,                    mechanical, or other technological
                                                    significant changes, if any, that are
                                                                                                            collection instruments are clearly                    collection techniques or other forms of
                                                    likely to occur within a reasonably
                                                    foreseeable time. Supply conditions to                  understood, and the impact of collection              information technology, e.g., permitting
                                                    consider include technology;                            requirements on respondents can be                    electronic submissions of responses.
                                                    production methods; development                         properly assessed.
                                                                                                                                                                  II. Current Actions
                                                    efforts; ability to increase production                    Currently, ETA is soliciting comments
                                                    (including the shift of production                      concerning the proposed extension,                      Type of Review: Extension without
                                                    facilities used for other products and the              without change on the Claims and                      change.
                                                    use, cost, or availability of major inputs              Payments Activities, Form ETA 5159.
                                                                                                                                                                    Title: Claims and Payment Activities.
                                                    into production); and factors related to                DATES: Submit written comments to the
                                                    the ability to shift supply among                       office listed in the addressee section                  OMB Number: 1205–0010.
                                                    different national markets (including                   below on or before May 1, 2015.                         Affected Public: State Workforce
                                                    barriers to importation in foreign                      ADDRESSES: Send comments to Thomas                    Agencies.
                                                    markets or changes in market demand                     Stengle, U.S. Department of Labor,                      Estimated Total Annual Respondents:
                                                    abroad). Demand conditions to consider                  Employment and Training                               53.
                                                    include end uses and applications; the                  Administration, Office of
                                                    existence and availability of substitute                                                                        Estimated Total Annual Responses:
                                                                                                            Unemployment Insurance, 200
                                                    products; and the level of competition                  Constitution Avenue NW., Frances                      636.
                                                    among the Domestic Like Product                         Perkins Bldg. Room S–4524,                              Average Time per Response: 2 hours.
                                                    produced in the United States, Subject                  Washington, DC 20210, telephone                         Estimated Total Annual Burden
                                                    Merchandise produced in the Subject                     number (202) 693–2991 (this is not a                  Hours: 1,272 hours per year.
                                                    Country, and such merchandise from                      toll-free number). Individuals with
                                                    other countries.                                        hearing or speech impairment may                        Total Estimated Annual Other Cost
                                                       (13) (Optional) A statement of                       access the telephone number above via                 Burden: $0.
                                                    whether you agree with the above                        TTY by calling the toll-free Federal                    Comments submitted in response to
                                                    definitions of the Domestic Like Product                Information relay Service at 1–877–889–               this notice will be summarized and/or
                                                    and Domestic Industry; if you disagree                  56–27 (TTY/TDD). Email:                               included in the request for OMB
                                                    with either or both of these definitions,               Stengle.Thomas@dol.gov. To obtain a                   approval of the ICR; they will also
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                                                    please explain why and provide                          copy of the proposed information                      become a matter of public record.
                                                    alternative definitions.                                collection request (ICR), please contact
                                                                                                            the person above.                                     Portia Wu,
                                                      Authority: This proceeding is being
                                                    conducted under authority of Title VII of the           SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  Assistant Secretary for Employment and
                                                    Tariff Act of 1930; this notice is published                                                                  Training Administration.
                                                    pursuant to section 207.61 of the                       I. Background                                         [FR Doc. 2015–04164 Filed 2–27–15; 8:45 am]
                                                    Commission’s rules.                                       The ETA 5159 report contains                        BILLING CODE 4510–FW–P
                                                       By order of the Commission.                          information on claims activities


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Document Created: 2015-12-18 12:07:50
Document Modified: 2015-12-18 12:07:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov.
FR Citation80 FR 11226 

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