Hand Trucks and Certain Parts Thereof from the People's Republic of China: Continuation of the Antidumping Duty Order, 22369-22370 [2010-10012]

Download as PDF Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Notices 22369 The Department conducted expedited sunset reviews of these orders. As a International Trade Administration result of its review, the Department found that revocation of the [A–337–804, A–533–813, A–560–802, A–570– antidumping duty orders would be 851] likely to lead to continuation or recurrence of dumping and notified the Certain Preserved Mushrooms From ITC of the magnitude of the margins Chile, India, Indonesia, and the likely to prevail were the orders to be People’s Republic of China: Notice of revoked. See Certain Preserved Continuation of Antidumping Duty Mushrooms from Chile, India, Indonesia Orders and the People’s Republic of China: Final Results of the Expedited Sunset AGENCY: Import Administration, Reviews of the Antidumping Duty International Trade Administration, Orders, 74 FR 67170 (December 18, Department of Commerce. 2009) (Final Results). SUMMARY: As a result of the On April 15, 2010, the ITC published determinations by the Department of its determination pursuant to section Commerce (the Department) and the 751(c) of the Act, that revocation of the International Trade Commission (ITC) antidumping duty orders on mushrooms that revocation of the antidumping duty from Chile, India, Indonesia, and the orders on certain preserved mushrooms PRC would be likely to lead to (mushrooms) from Chile, India, continuation or recurrence of material Indonesia, and the People’s Republic of injury to an industry in the United China (PRC) would be likely to lead to States within a reasonably foreseeable continuation or recurrence of dumping time. See Preserved Mushrooms from and of material injury to an industry in Chile, China, India, and Indonesia; the United States within a reasonably Determinations, 75 FR 19658 (April 15, foreseeable time, the Department is 2010). publishing notice of the continuation of Scope of the Finding these antidumping duty orders. The products covered under the DATES: Effective Date: April 28, 2010. mushrooms orders are imported whole, FOR FURTHER INFORMATION CONTACT: Kate sliced, diced, or as stems and pieces. Johnson or Brandon Farlander, AD/CVD The ‘‘preserved mushrooms’’ covered Operations, Import Administration, under the orders are the species International Trade Administration, Agaricus bisporus and Agaricus U.S. Department of Commerce, 14th bitorquis. ‘‘Preserved mushrooms’’ refer Street & Constitution Avenue, NW., to mushrooms that have been prepared Washington, DC 20230; telephone: (202) or preserved by cleaning, blanching, and 482–4929 or (202) 482–0182, sometimes slicing or cutting. These respectively. mushrooms are then packed and heated United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive. As of January 1, 2002, the HTSUS subheadings are as follows: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, 0711.51.0000. SUPPLEMENTARY INFORMATION: Dated: April 16, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. DEPARTMENT OF COMMERCE sroberts on DSKD5P82C1PROD with PROPOSALS Background On October 1, 2009, the Department initiated and the ITC instituted sunset reviews of the antidumping duty orders on mushrooms from Chile, India, Indonesia, and the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See also Notice of Antidumping Duty Order: Certain Preserved Mushrooms from Chile, 63 FR 66529 (December 2, 1998); Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms from India, 64 FR 8311 (February 19, 1999); Notice of Antidumping Duty Order: Certain Preserved Mushrooms from Indonesia, 64 FR 8310 (February 19, 1999); and Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms from the People’s Republic of China, 64 FR 8308 (February 19, 1999). VerDate Mar<15>2010 16:04 Apr 27, 2010 Jkt 220001 in containers, including but not limited to cans or glass jars in a suitable liquid medium, including but not limited to water, brine, butter or butter sauce. Included within the scope of these orders are ‘‘brined’’ mushrooms, which are presalted and packed in a heavy salt solution to provisionally preserve them for further processing. Also included within the scope of these orders, as of June 19, 2000, are marinated, acidified, or pickled mushrooms containing less than 0.5 percent acetic acid. Excluded from the scope of these orders are the following: (1) All other species of mushroom, including straw mushrooms; (2) all fresh and chilled mushrooms, including ‘‘refrigerated’’ or ‘‘quick blanched mushrooms’’; (3) dried mushrooms; and (4) frozen mushrooms. The merchandise subject to these orders was previously classifiable under subheadings 2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043, 2003.10.0047, 2003.10.0053, and 0711.90.4000 of the Harmonized Tariff Schedule of the PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Continuation of the Finding As a result of the determinations by the Department and the ITC that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty orders on mushrooms from Chile, India, Indonesia, and the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders 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 finding not later than March 2015. These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 777(i)(1) of the Act and 19 CFR 351.218(f)(4). [FR Doc. 2010–9864 Filed 4–27–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–891] Hand Trucks and Certain Parts Thereof from the People’s Republic of China: Continuation of the Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 28, 2010. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the Commission) that revocation of the E:\FR\FM\28APN1.SGM 28APN1 22370 Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Notices 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 of the antidumping duty order. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD Operations Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–6312 or (202) 482– 0649, 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 Tariff Act of 1930, as amended (the Tariff Act). See Initiation of Five– Year (‘‘Sunset’’) Reviews, 74 FR 56593 (November 2, 2009). As a result of its review, the Department determined that revocation of the antidumping duty order on hand trucks from the PRC would likely lead to a continuation or recurrence of dumping and, therefore, notified the Commission of the magnitude of the margins likely to prevail should the order be revoked. See 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, 75 FR 11120 (March 10, 2010). On March 31, 2010, the Commission determined, pursuant to section 751(c) of the Tariff Act, that revocation of the antidumping duty order on hand trucks from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within the reasonably foreseeable future. See USITC Publication 4138 (April 2010), and Hand Trucks and Certain Parts Thereof from the People’s Republic of China, 75 FR 20862 (April 21, 2010). sroberts on DSKD5P82C1PROD with PROPOSALS 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. VerDate Mar<15>2010 16:04 Apr 27, 2010 Jkt 220001 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 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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. Continuation of the Order As a result of these determinations by the Department and the Commission that revocation of the antidumping duty order on hand trucks would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Tariff Act, the Department hereby orders the continuation of the antidumping order on hand trucks from the PRC. United States Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Tariff Act, the Department intends to initiate the next five–year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five–year (sunset) review and this notice are in accordance with section 751(c) of the Tariff Act and published pursuant to section 777(i)(1) of the Tariff Act. Dated: April 22,2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–10012 Filed 4–27–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–351–838, A–331–802, A–533–840, A–570– 893, A–549–822, A–552–802] Certain Frozen Warmwater Shrimp From Brazil, Ecuador, India, the People’s Republic of China, Thailand, and the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determinations and Amended Final Determinations of the Antidumping Duty Investigations AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 14, 2010, the United States Court of International Trade (‘‘CIT’’) sustained the remand E:\FR\FM\28APN1.SGM 28APN1

Agencies

[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22369-22370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10012]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-891]


Hand Trucks and Certain Parts Thereof from the People's Republic 
of China: Continuation of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: April 28, 2010.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
Commission) that revocation of the

[[Page 22370]]

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 of the antidumping duty order.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD 
Operations Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-6312 or (202) 
482-0649, 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 Tariff Act of 1930, as amended (the Tariff Act). 
See Initiation of Five-Year (``Sunset'') Reviews, 74 FR 56593 (November 
2, 2009).
    As a result of its review, the Department determined that 
revocation of the antidumping duty order on hand trucks from the PRC 
would likely lead to a continuation or recurrence of dumping and, 
therefore, notified the Commission of the magnitude of the margins 
likely to prevail should the order be revoked. See 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, 75 FR 11120 (March 10, 2010).
    On March 31, 2010, the Commission determined, pursuant to section 
751(c) of the Tariff Act, that revocation of the antidumping duty order 
on hand trucks from the PRC would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within the reasonably foreseeable future. See USITC Publication 4138 
(April 2010), and Hand Trucks and Certain Parts Thereof from the 
People's Republic of China, 75 FR 20862 (April 21, 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.

Continuation of the Order

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

    Dated: April 22,2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-10012 Filed 4-27-10; 8:45 am]
BILLING CODE 3510-DS-S