80 FR 50266 - Hand Trucks and Certain Parts Thereof From the People's Republic of China: Continuation of Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 160 (August 19, 2015)
International Trade Administration
Federal Register Volume 80, Issue 160 (August 19, 2015)
| Page Range | 50266-50267 | |
| FR Document | 2015-20495 |
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)] [Notices] [Pages 50266-50267] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20495] ----------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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
![50266 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Notices
countervailable subsidy rate for one known as The Lizhong Wood Industry included in the listing of producers and/
producer under review, Linyi Youyou Limited Company of Shanghai), was or exporters under review and its net
Wood Co., Ltd., an affiliate of Shanghai inadvertently omitted from the notice. subsidy rate is as follows:
Lizhong Wood Products Co., Ltd. (also Therefore, this company should be
Producer/Exporter Net subsidy rate
Shanghai Lizhong Wood Products Co., Ltd. (also known as The Lizhong Wood Industry Limited Company of Shanghai);
Linyi Youyou Wood Co., Ltd. ..................................................................................................................................................... 0.99
No other changes have been made to Dated: August 13, 2015. would likely lead to a continuation or
the Final Results. Ronald K. Lorentzen, recurrence of dumping, and therefore,
Acting Assistant Secretary for Enforcement notified the ITC of the magnitude of the
Assessment Rates and Compliance. dumping margins likely to prevail were
Consistent with 19 CFR 351.212(b)(2), [FR Doc. 2015–20494 Filed 8–18–15; 8:45 am] the order to be revoked.2 On August 5,
we intend to issue assessment BILLING CODE 3510–DS–P 2015, the ITC published its
instructions to the U.S. Customs and determination pursuant to section
751(c) and 752 of the Act that
Border Protection (CBP) fifteen days
DEPARTMENT OF COMMERCE revocation of the antidumping duty
after the date of publication of these
order of hand trucks from the PRC
final results. We will instruct CBP to International Trade Administration would lead to a continuation or
assess countervailing duties on period recurrence of material injury to an
of review entries in the amounts shown [A–570–891]
industry in the United States within a
above. Hand Trucks and Certain Parts Thereof reasonably foreseeable time.3
Cash Deposit Requirements From the People’s Republic of China: Scope of the Order for Hand Trucks
Continuation of Antidumping Duty
In accordance with section 751(a)(1) Order The merchandise subject to this
of the Act, we intend to instruct CBP to antidumping duty order consists of
collect cash deposits of estimated AGENCY: Enforcement and Compliance, hand trucks manufactured from any
International Trade Administration, material, whether assembled or
countervailing duties in the amounts
Department of Commerce. unassembled, complete or incomplete,
shown above on shipments of subject
DATES: Effective date: August 19, 2015. suitable for any use, and certain parts
merchandise entered, or withdrawn
SUMMARY: As a result of the thereof, namely the vertical frame, the
from warehouse, for consumption on or
determinations by the Department of handling area and the projecting edges
after the date of publication of the final Commerce (the Department) and the
results of this review. For all non- or toe plate, and any combination
International Trade Commission (ITC) thereof.
reviewed companies (except Zhejiang that revocation of the antidumping duty A complete or fully assembled hand
Layo Wood Industry Co., Ltd., its order on hand trucks and certain parts truck is a hand-propelled barrow
affiliate Jiaxing Brilliant Import & thereof (hand trucks) from the People’s consisting of a vertically disposed frame
Export Co., Ltd., and Zhejiang Yuhua Republic of China (PRC) would likely having a handle or more than one
Timber Co., Ltd., which are excluded lead to a continuation or recurrence of handle at or near the upper section of
from the Order),2 we will instruct CBP dumping and material injury to an the vertical frame; at least two wheels at
to continue to collect cash deposits at industry in the United States, the or near the lower section of the vertical
the most recent company-specific or all- Department is publishing a notice of frame; and a horizontal projecting edge
others rate applicable to the company. continuation for this antidumping duty or edges, or toe plate, perpendicular or
Accordingly, the cash deposit rates that order. angled to the vertical frame, at or near
will be applied to companies covered by Contact Information: Jacqueline the lower section of the vertical frame.
the Amended Order,3 but not examined Arrowsmith, AD/CVD Operations, The projecting edge or edges, or toe
in this review, are those established in Office VII, Enforcement and plate, slides under a load for purposes
the most recently completed segment of Compliance, International Trade of lifting and/or moving the load.
the proceeding for each company. These Administration, U.S. Department of That the vertical frame can be
cash deposit requirements, when Commerce, 14th Street and Constitution converted from a vertical setting to a
imposed, shall remain in effect until Avenue NW., Washington, DC 20230; horizontal setting, then operated in that
further notice. telephone (202) 482–5255. horizontal setting as a platform, is not
SUPPLEMENTARY INFORMATION: a basis for exclusion of the hand truck
This corrected notice is issued and
Background from the scope of this petition. That the
published in accordance with sections
vertical frame, handling area, wheels,
751(a)(1) and 777(i)(1) of the Act and 19 On March 2, 2015, the Department projecting edges or other parts of the
CFR 351.213. initiated this sunset review on the hand truck can be collapsed or folded is
antidumping duty order on hand trucks
from the PRC, pursuant to section 751(c) 2 See Hand Trucks and Certain Parts Thereof
tkelley on DSK3SPTVN1PROD with NOTICES
2 See Order, 76 FR at 76694.
and 752 of the Tariff Act of 1930, as From the People’s Republic of China: Final Results
3 See Multilayered Wood Flooring from the amended (the Act).1 As a result of the of the Expedited Second Sunset Review of the
Antidumping Duty Order, 80 FR 39748 (July 10,
People’s Republic of China: Notice of Court review, the Department found that 2015).
Decision Not in Harmony with Final Determination revocation of the antidumping order 3 See Hand Trucks and Certain Parts Thereof
of Countervailing Duty Investigation and Notice of From China, [Investigation No. 731–TA–1059
Amended Countervailing Duty Order, 77 FR 71167 1 See Initiation of Five Year (‘‘Sunset’’) Review, 80 (Second Review), 80 FR 46603 (ITC August 5,
(November 29, 2012). FR 11164 (March 2, 2015) (Sunset Initiation). 2015).
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![Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Notices 50267
not a basis for exclusion of the hand Continuation of the Order public nomination process yielded two
truck from the scope of the petition. As a result of the determinations by names for the two expiring seats, both
That other wheels may be connected to the Department and the ITC that re-nominations. U.S. Commissioners to
the vertical frame, handling area, revocation of this antidumping duty the IPHC are appointed for a term not
projecting edges, or other parts of the order would likely lead to a to exceed 2 years, but are eligible for
hand truck, in addition to the two or continuation or recurrence of dumping reappointment. While this recent
more wheels located at or near the lower and material injury to an industry in the solicitation of nominations resulted in
section of the vertical frame, is not a United States, pursuant to sections two strong candidates, NOAA Fisheries
basis for exclusion of the hand truck 751(c) and 751(d)(2) of the Act, the is seeking a greater number of
from the scope of the petition. Finally, Department hereby orders the nominations from which to propose two
that the hand truck may exhibit physical continuation of the antidumping duty candidates for appointment by the
characteristics in addition to the vertical order on hand trucks from the PRC. U.S. President. Additionally, the lack of a
frame, the handling area, the projecting Customs and Border Protection will larger candidate pool impacts the ability
edges or toe plate, and the two wheels continue to collect cash deposits for of recommending officials to propose
at or near the lower section of the estimated antidumping duties at the Alternate Commissioners. The Secretary
vertical frame, is not a basis for rates in effect at the time of entry for all of State, in consultation with the
exclusion of the hand truck from the imports of subject merchandise. Secretary of Commerce, may designate
scope of the petition. The effective date of the continuation Alternative U.S. Commissioners to serve
of this order will be the date of in the absence of duly appointed U.S.
Examples of names commonly used to Commissioners. Nominations for IPHC
reference hand trucks are hand truck, publication in the Federal Register of
this notice of continuation. Pursuant to U.S. Commissioner and letters of public
convertible hand truck, appliance hand support that have already been
truck, cylinder hand truck, bag truck, section 751(c)(2) of the Act, the
Department intends to initiate the next submitted in response to the original
dolly, or hand trolley. They are typically solicitation notice do not need to be
imported under heading 8716.80.5010 five-year review of this order not later
than 30 days prior to the fifth resubmitted. Nominations are open to
of the Harmonized Tariff Schedule of all qualified individuals and may
anniversary of the effective date of
the United States (HTSUS), although include current Commissioners.
continuation of the order.
they may also be imported under DATES: Nominations must be received
This five-year (sunset) review and this
heading 8716.80.5090. Specific parts of notice are in accordance with section by September 18, 2015. A list of
a hand truck, namely the vertical frame, 751(c) of the Act and published nominees will be published on the
the handling area and the projecting pursuant to section 777(i)(1) of the Act NMFS Alaska Regional Office Web site
edges or toe plate, or any combination and 19 CFR 351.218(f)(4). (http://www.alaskafisheries.noaa.gov/)
thereof, are typically imported under on September 23, 2015. Public
heading 8716.90.5060 of the HTSUS. Dated: August 12, 2015.
comments relating to this list of
Although the HTSUS subheadings are Ronald K. Lorentzen, nominees will be accepted until October
provided for convenience and customs Acting Assistant Secretary for Enforcement 23, 2015.
purposes, the Department’s written and Compliance.
ADDRESSES: Nominations for U.S.
description of the scope is dispositive. [FR Doc. 2015–20495 Filed 8–18–15; 8:45 am]
Commissioners to the IPHC may be
BILLING CODE 3510–DS–P made in writing to Mr. Patrick E. Moran,
Excluded from the scope are small
two-wheel or four-wheel utility carts Office of International Affairs and
specifically designed for carrying loads Seafood Inspection, National Marine
DEPARTMENT OF COMMERCE Fisheries Service, at 1315 East-West
like personal bags or luggage in which
the frame is made from telescoping National Oceanic and Atmospheric Highway, Silver Spring, MD 20910.
tubular material measuring less than 5⁄8 Administration Nominations may also be sent via fax
inch in diameter; hand trucks that use (301–713–2313) or email
RIN 0648–XE116 (IPHC2015nominations@noaa.gov).
motorized operations either to move the
hand truck from one location to the next Please send all public comments via
International Pacific Halibut email to IPHC2015comments@noaa.gov.
or to assist in the lifting of items placed Commission Appointments
on the hand truck; vertical carriers FOR FURTHER INFORMATION CONTACT: Mr.
designed specifically to transport golf AGENCY: National Marine Fisheries Patrick E. Moran, (301) 427–8370.
bags; and wheels and tires used in the Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION:
manufacture of hand trucks. Atmospheric Administration (NOAA),
Background
Commerce.
Excluded from the scope is a The IPHC is a bilateral regional
ACTION: Notice of call for nominations.
multifunction cart that combines, fishery management organization
among others, the capabilities of a SUMMARY: In May 2015, NOAA Fisheries established pursuant to the Convention
wheelbarrow and dolly. The product publicly solicited nominations for two between Canada and the United States
comprises a steel frame that can be presidential appointments to serve as for the Preservation of the Halibut
converted from vertical to horizontal U.S. Commissioners to the IPHC. This Fishery of the North Pacific Ocean and
functionality, two wheels toward the multi-step nomination process is Bering Sea (Convention). The
lower end of the frame and two intended to provide extensive Convention was signed at Ottawa,
tkelley on DSK3SPTVN1PROD with NOTICES
removable handles near the top. In participation by stakeholders in the Ontario, on March 2, 1953, and was
addition to a foldable projection edge in Pacific halibut fishery and result in the amended by a Protocol Amending the
its extended position, it includes a appointment of two highly qualified Convention signed at Washington, DC,
permanently attached steel tub or individuals to represent the U.S. on March 29, 1979. The Convention’s
barrow. This product is currently Government in this important central objective is to develop the stocks
available under proprietary trade names international fisheries management of Pacific halibut in waters off the west
such as the ‘‘Aerocart.’’ organization. The most recent IPHC coasts of Canada and the United States
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Document Created: 2015-12-15 11:59:07
Document Modified: 2015-12-15 11:59:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 50266 |
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