Hand Trucks and Certain Parts Thereof from the People's Republic of China: Final Results of Expedited Five-year (Sunset) Review of Antidumping Duty Order, 11120-11121 [2010-5111]

Download as PDF 11120 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices Government Closure During the Recent Snowstorm,’’ dated February 12, 2010. DEPARTMENT OF COMMERCE International Trade Administration [A–570–868] Folding Metal Tables and Chairs from the People’s Republic of China: Notice of Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 10, 2010. FOR FURTHER INFORMATION CONTACT: Giselle Cubillos or Charles Riggle, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1778 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: erowe on DSK5CLS3C1PROD with NOTICES Background On July 29, 2009, the Department of Commerce (‘‘the Department’’) published the initiation of administrative reviews of the antidumping duty order on folding metal tables and chairs from the People’s Republic of China (‘‘PRC’’). See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Administrative Review, 74 FR 37690 (July 29, 2009). These reviews cover the periods June 1, 2007, through May 31, 2008, and June 1, 2008, through May 31, 2009.1 The preliminary results of these reviews are currently due no later than March 2, 2010. As explained in the memorandum from the Deputy Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from February 5, through February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by seven days. The revised deadline for the preliminary results of these reviews are now March 9, 2010. See Memorandum to the Record from Ronald Lorentzen, DAS for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the 1 On June 30, 2008, Feili requested that the Department conduct an administrative review of their sales for the period June 1, 2007, through May 31, 2008, and in addition, requested that the Department defer the initiation of the review for one year in accordance with 19 CFR 351.213(c). Consequently, on July 29, 2009, the Department initiated reviews for Feili covering both the 200708 and 2008-09 review periods. VerDate Nov<24>2008 15:07 Mar 09, 2010 Jkt 220001 Extension of Time Limit for Preliminary Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department shall make a preliminary determination in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides, however, that the Department may extend that 245-day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. The Department finds that it is not practicable to complete the preliminary results of the administrative reviews of folding metal tables and chairs from the PRC within this time limit. Specifically, additional time is needed to determine the appropriate surrogate country and surrogate values with which to value factors of production. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for completion of the preliminary results of these reviews, which are currently due on March 9, 2010, by 60 days. Therefore, the preliminary results are now due no later than May 8, 2010. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: March 3, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–5031 Filed 3–9–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–891] Hand Trucks and Certain Parts Thereof from the People’s Republic of China: Final Results of Expedited Five-year (Sunset) Review of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 2, 2009, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on hand trucks and certain parts thereof (hand trucks) from the People’s Republic of China (PRC) pursuant to section 751(c) PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 of the Tariff Act of 1930, as amended (the Act). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of one domestic interested party, and the lack of a response from respondent interested parties, the Department conducted an expedited (120-day) sunset review of this antidumping duty order. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels identified below in the ‘‘Final Results of Sunset Review’’ section of this notice. EFFECTIVE DATE: March 10, 2010. FOR FURTHER INFORMATION: David Cordell or Scott Hoefke, AD/CVD Operations, Office 7, or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0408, (202) 482–4947 or (202) 482– 1391, respectively. SUPPLEMENTARY INFORMATION: Background On November 2, 2009, the Department initiated a sunset review of the antidumping duty order on hand trucks from the PRC pursuant to section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Reviews, 74 FR 56593 (November 2, 2009). The Department received a notice of intent to participate from the domestic interested parties, Gleason Industrial Products, Inc. and Precision Products, Inc. (collectively, Gleason) within the deadline specified in 19 CFR 351.218(d)(1)(i). Gleason claimed interested party status under section 771(9)(C) of the Act as a U.S manufacturer and producer of the subject merchandise. On November 24, 2009, the Department received a complete substantive response from Gleason within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department received no substantive responses from respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department has conducted an expedited sunset review of this order. As explained in the memorandum from the Deputy Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from February 5, through February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by E:\FR\FM\10MRN1.SGM 10MRN1 11121 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices erowe on DSK5CLS3C1PROD with NOTICES seven days. The revised deadline for the final results of this review is now March 9, 2010. See Memorandum to the Record from Ronald Lorentzen, DAS for import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During the Recent Snowstorm,’’ dated February 12, 2010. Scope of the Order 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 order. That the vertical frame, handling area, wheels, projecting edges or other parts of the hand truck can be collapsed or folded is not a basis for exclusion of the hand truck from the scope of the order. 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 order. 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 order. 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 8716.80.50.10 of the Harmonized Tariff Schedule of VerDate Nov<24>2008 17:52 Mar 09, 2010 Jkt 220001 the United States (HTSUS), although they may also be imported under heading 8716.80.50.90. 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 8716.90.50.60 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 materials 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. The written description remains dispositive. Analysis of Comments Received All issues raised in this case are addressed in the Issues and Decision Memorandum from John M. Andersen, Acting Deputy Assistant Secretary for AD/CVD Operations, Import Administration, to Carole Showers, Acting Deputy Assistant Secretary for Import Administration, dated March 2, 2010 (Decision Memorandum), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the order was revoked. Parties can find a complete discussion of all issues raised in this sunset review and the corresponding recommendations in this public memorandum, which is on file in room 1117 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at https:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Sunset Review The Department has determined that revocation of the antidumping duty order on hand trucks from the PRC would likely lead to continuation or recurrence of dumping at the following percentage weighted–average margins: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Manufacturers/ Exporters/Producers Qingdao Taifa Group Co., Ltd. .................... True Potential Co. ........ Qingdao Huatian Hand Truck Co., Ltd. .......... Shandong Machinery Import & Export Group Corp. .............. Qingdao Future Tool Inc. ............................ PRC–wide rate ............. Weighted–Average Margin (Percent) 26.49 percent 33.68 percent 46.48 percent 32.76 percent 32.76 percent 383.60 percent This notice serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. The Department is issuing and publishing these results and this notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: March 2, 2010. Carole Showers, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–5111 Filed 3–9–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XU31 Incidental Takes of Marine Mammals During Specified Activities; Replacement and Repair of Fur Seal Research Observation Towers and Walkways on St. Paul Island, Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed Incidental Harassment Authorization; request for comments. SUMMARY: NMFS has received an application from the NMFS, Alaska Region (NMFS AKR) for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by Level B harassment, incidental to conducting replacement and repair of northern fur seal research observation towers and walkways on St. Paul Island, E:\FR\FM\10MRN1.SGM 10MRN1

Agencies

[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11120-11121]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5111]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-891]


Hand Trucks and Certain Parts Thereof from the People's Republic 
of China: Final Results of Expedited Five-year (Sunset) Review of 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 2, 2009, the Department of Commerce (the 
Department) initiated a sunset review of the antidumping duty order on 
hand trucks and certain parts thereof (hand trucks) from the People's 
Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). On the basis of a notice of intent to 
participate and an adequate substantive response filed on behalf of one 
domestic interested party, and the lack of a response from respondent 
interested parties, the Department conducted an expedited (120-day) 
sunset review of this antidumping duty order. As a result of this 
sunset review, the Department finds that revocation of the antidumping 
duty order would be likely to lead to continuation or recurrence of 
dumping at the levels identified below in the ``Final Results of Sunset 
Review'' section of this notice.

EFFECTIVE DATE: March 10, 2010.

FOR FURTHER INFORMATION: David Cordell or Scott Hoefke, AD/CVD 
Operations, Office 7, or Dana Mermelstein, AD/CVD Operations, Office 6, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0408, (202) 482-4947 or 
(202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 2, 2009, the Department initiated a sunset review of 
the antidumping duty order on hand trucks from the PRC pursuant to 
section 751(c) of the Act. See Initiation of Five-year (``Sunset'') 
Reviews, 74 FR 56593 (November 2, 2009). The Department received a 
notice of intent to participate from the domestic interested parties, 
Gleason Industrial Products, Inc. and Precision Products, Inc. 
(collectively, Gleason) within the deadline specified in 19 CFR 
351.218(d)(1)(i).
    Gleason claimed interested party status under section 771(9)(C) of 
the Act as a U.S manufacturer and producer of the subject merchandise. 
On November 24, 2009, the Department received a complete substantive 
response from Gleason within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department received no substantive responses from 
respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department has conducted an expedited sunset review of this order.
    As explained in the memorandum from the Deputy Assistant Secretary 
for Import Administration, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from February 5, through February 12, 2010. Thus, all 
deadlines in this segment of the proceeding have been extended by

[[Page 11121]]

seven days. The revised deadline for the final results of this review 
is now March 9, 2010. See Memorandum to the Record from Ronald 
Lorentzen, DAS for import Administration, regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure During 
the Recent Snowstorm,'' dated February 12, 2010.

Scope of the Order

    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 order. That the vertical frame, handling area, wheels, 
projecting edges or other parts of the hand truck can be collapsed or 
folded is not a basis for exclusion of the hand truck from the scope of 
the order. 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 order. 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 order.
    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 8716.80.50.10 of the Harmonized Tariff Schedule of the 
United States (HTSUS), although they may also be imported under heading 
8716.80.50.90. 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 8716.90.50.60 
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 materials 
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. The written 
description remains dispositive.

Analysis of Comments Received

    All issues raised in this case are addressed in the Issues and 
Decision Memorandum from John M. Andersen, Acting Deputy Assistant 
Secretary for AD/CVD Operations, Import Administration, to Carole 
Showers, Acting Deputy Assistant Secretary for Import Administration, 
dated March 2, 2010 (Decision Memorandum), which is hereby adopted by 
this notice. The issues discussed in the Decision Memorandum include 
the likelihood of continuation or recurrence of dumping and the 
magnitude of the margin likely to prevail if the order was revoked. 
Parties can find a complete discussion of all issues raised in this 
sunset review and the corresponding recommendations in this public 
memorandum, which is on file in room 1117 of the main Department 
building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at https://ia.ita.doc.gov/frn/. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Sunset Review

    The Department has determined that revocation of the antidumping 
duty order on hand trucks from the PRC would likely lead to 
continuation or recurrence of dumping at the following percentage 
weighted-average margins:

------------------------------------------------------------------------
                                                       Weighted-Average
         Manufacturers/ Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
Qingdao Taifa Group Co., Ltd........................       26.49 percent
True Potential Co...................................       33.68 percent
Qingdao Huatian Hand Truck Co., Ltd.................       46.48 percent
Shandong Machinery Import & Export Group Corp.......       32.76 percent
Qingdao Future Tool Inc.............................       32.76 percent
PRC-wide rate.......................................      383.60 percent
------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    The Department is issuing and publishing these results and this 
notice in accordance with sections 751(c), 752, and 777(i)(1) of the 
Act.

    Dated: March 2, 2010.
Carole Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-5111 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-DS-S