Hand Trucks and Certain Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order In Part, 11396-11398 [2015-04279]
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11396
Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices
Dated: February 23, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–04393 Filed 3–2–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–001–2015]
Approval of Subzone Status; Red Wing
Shoe Company; Salt Lake City, Utah
On January 8, 2015, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the Salt Lake City
Corporation, grantee of FTZ 30,
requesting subzone status subject to the
existing activation limit of FTZ 30, on
behalf of Red Wing Shoe Company, Inc.,
in Salt Lake City, Utah.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (80 FR 1894, 01/14/2015). The
FTZ staff examiner reviewed the
application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR
400.36(f)), the application to establish
Subzone 30A is approved, subject to the
FTZ Act and the Board’s regulations,
including section 400.13, and further
subject to FTZ 30’s 55-acre activation
limit.
Dated: February 25, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–04390 Filed 3–2–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Department) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on hand
trucks and certain parts thereof (hand
trucks) from the People’s Republic of
China (PRC). Based on the information
received, we preliminarily intend to
revoke, in part, the Order.1 Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: December 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke, or Robert James, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4947 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 2, 2004, the Department
published in the Federal Register the
AD order on hand trucks from the PRC.2
On December 9, 2014, in accordance
with sections 751(b) and 751(d)(1) of the
Act, 19 CFR 351.216(b), and 19 CFR
351.222(g)(1), Positec, an interested
party, requested revocation, in part, of
the Order with respect to its WORX
Aerocart (Aerocart) as part of a changed
circumstances review. Positec requested
that the Department conduct the
changed circumstances review on an
expedited basis pursuant to 19 CFR
351.221(c)(3)(ii). On December 10, 2014,
Gleason Industrial Products, Inc. and
Precision Products, Inc. (collectively,
Petitioners) submitted a statement
asserting that Petitioners have no
interest in the patented and
trademarked product known as the
WORX Aerocart being subject to the
Order.3 On January 30, 2015, Positec
clarified the language for revoking the
Order, in part, with respect to Aerocart
for this changed circumstances review.4
On February 2, 2015, Petitioners
assented to the revised description.5 On
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Initiation and Preliminary Results of
Changed Circumstances Review, and
Intent To Revoke Order In Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by
Positec USA, Inc., and RQ Direct, Inc.
(collectively, Positec), and pursuant to
section 751(b) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.216 and 351.221(c)(3)(ii), the
Department of Commerce (the
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AGENCY:
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1 See Notice of Antidumping Duty Order: Hand
Trucks and Certain Parts Thereof From the People’s
Republic of China, 69 FR 70122 (December 2, 2004)
(Order).
2 Id.
3 See Petitioners’ submission, ‘‘Hand Trucks and
Certain Parts Thereof From the People’s Republic of
China: Petitioner’s Statement That It Has No
Interest In the WORX Aerocart Being Subject to the
Order,’’ dated December 10, 2014 at 1.
4 See Positec’s submission, ‘‘Changed
Circumstances Review—Modification Antidumping
Duty Order on Hand Trucks and Certain Parts
Thereof From the People’s Republic of China,’’
dated 1/30/2015.
5 See Petitioners’ submission, ‘‘Hand Trucks and
Certain Parts Thereof From the People’s Republic of
China: Petitioner’s Statement That It Has No
Interest In the WORX Aerocart Being Subject to the
Order,’’ dated February 2, 2015.
PO 00000
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Fmt 4703
Sfmt 4703
February 12, 2015, Positec, in
consultation with Petitioners, further
modified the language for revoking the
Order, in part, with respect to Aerocart
for this changed circumstance review.6
Scope of the Order
The merchandise subject to this AD
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
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
6 See Positec’s submission, ‘‘Changed
Circumstances Review—Modification Antidumping
Duty Order on Hand Trucks and Certain Parts
Thereof From the People’s Republic of China,’’
dated February 12, 2015.
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Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
Initiation and Preliminary Results of
Changed Circumstances Review
Pursuant to section 751(b)(1) of the
Act, the Department will conduct a
changed circumstances review upon
receipt of information concerning, or a
request from an interested party for a
review of, a final affirmative
determination that resulted in an AD
order which shows changed
circumstances sufficient to warrant a
review. Section 782(h)(2) of the Act and
19 CFR 351.222(g)(1)(i) provide that the
Department may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have expressed a lack of
interest in the order, in whole or in part.
In addition, in the event the Department
determines that expedited action is
warranted, 19 CFR 351.221(c)(3)(ii)
permits the Department to combine the
notices of initiation and preliminary
results.
On December 9, 2014, Positec
requested the Department conduct a
changed circumstances review on an
expedited basis. On December 10, 2014,
Petitioners filed a letter stating that they
did not oppose partial revocation of the
Order that is limited to Positec’s
Aerocart. Petitioners claimed that they
are producers accounting for
substantially all of the production of the
domestic like product and they have no
interest in Positec’s Aerocart being
subject to the scope of the Order. On
January 30, 2015, Positec clarified the
description of the Aerocart for purposes
of this changed circumstances review.
On February 2, 2015, Petitioners
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19:24 Mar 02, 2015
Jkt 235001
assented to the revised description. On
February 12, 2015, Positec, in
consultation with Petitioners, further
modified the exclusionary language of
the Aerocart for purposes of this
changed circumstances review.
Therefore, at the request of Positec
and in accordance with sections
751(b)(1) and 751(d)(1) of the Act, 19
CFR 351.216, and 19 CFR 351.222(g)(1),
we are initiating this changed
circumstances review of hand trucks to
determine whether partial revocation of
the Order is warranted with respect to
this product. In addition, pursuant to 19
CFR 351.221(c)(3)(ii), we determine that
expedited action is warranted.
We find that Petitioners’ affirmative
statement of no interest constitutes a
reasonable basis for the conduct of this
review. Additionally, our decision to
expedite this review pursuant to 19 CFR
351.221(c)(3)(ii) stems from the
domestic industry’s lack of interest in
application of the Order to Positec’s
Aerocart.
Based on the expression of no interest
by Petitioners, and absent any
objections by other domestic interested
parties, we preliminarily determine that
substantially all of the domestic
producers have no interest in the
continued application of the Order on
hand trucks from the PRC to the
merchandise that is subject to Positec’s
request. Therefore, we are notifying the
public of our intent to revoke, in part,
the Order as it relates to imports of
Positec’s Aerocart. If we make a final
determination to revoke the Order in
part, this partial revocation will be
retroactively applied to entries of
Positec’s Aerocart entered or withdrawn
from warehouse, for consumption, on or
after December 1, 2012, which
corresponds to the day following the
last day of the most recently completed
administrative review under the order.7
We intend to modify the scope of the
AD order to add the following:
Excluded from the scope of the order is a
multifunction cart that combines, among
others, the capabilities of a wheelbarrow and
dolly. The product comprises a steel frame
than 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’.
7 See Hand Trucks and Certain Parts Thereof
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2011–
2012, 79 FR 44008 (July 29, 2014).
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11397
Public Comment
Interested parties are invited to
comment on these preliminary results.
Written comments may be submitted no
later than 14 days after the publication
of this notice. Rebuttals to written
comments, limited to issues raised in
such comments, may be filed no later
than 21 days after the date of
publication of this notice. Consistent
with 19 CFR 351.309, parties who
submit written comments or rebuttal
comments in this changed
circumstances review are requested to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. Pursuant to 19 CFR
351.310(c), any interested party may
request a hearing within 10 days after
publication of this notice.8 Further, any
hearing, if requested, will be held no
later than 25 days after the date of
publication of this notice, or the first
business day thereafter. Parties will be
notified of the time and date of any
hearing if requested. All written
comments and/or hearing requests must
be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).9 ACCESS is available to
registered users at https://
access.trade.gov. An electronically-filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5 p.m. Eastern Time on the date the
document is due.
We intend to issue our final results of
this changed circumstances review not
later than 270 days after the date on
which we initiated the changed
circumstances review or within 45 days
if all parties agree to our preliminary
results, in accordance with 19 CFR
351.216(e).
If final revocation, in part, occurs, we
will instruct U.S. Customs and Border
Protection to end the suspension of
liquidation for the merchandise covered
by the revocation on the effective date
of the notice of revocation and to release
any cash deposit or bond. The current
requirement for a cash deposit of
estimated AD duties on all subject
8 See 19 CFR 351.303 for general filing
requirements.
9 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
E:\FR\FM\03MRN1.SGM
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11398
Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices
merchandise will continue unless and
until it is modified pursuant to the final
results of this changed circumstances
review.
This initiation, preliminary results of
review and notice are published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216,
351.221(b)(1) and (4), and 351.222(g).
Dated: February 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–04279 Filed 3–2–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD739
Fisheries Off West Coast States and in
the Western Pacific; Pacific Coast
Groundfish Fishery; Application for an
Exempted Fishing Permit (EFP)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of EFP
applications; request for comments.
AGENCY:
NMFS announces the receipt
of an exempted fishing permit (EFP)
application for 2015 and 2016 that
would continue work done in 2013 and
2014, and is considering issuance of
EFPs for vessels participating in the EFP
fishery. The EFPs are necessary to allow
activities that are otherwise prohibited
by Federal regulations. The EFPs would
be effective no earlier than March 18,
2015, and would expire no later than
December 31, 2016, but could be
terminated earlier under terms and
conditions of the EFPs and other
applicable laws.
DATES: Comments must be received no
later than 5 p.m., local time on March
18, 2015.
ADDRESSES: You may submit comments,
identified by 0648–XD739, by any one
of the following methods:
• Email: EFPs.2015@noaa.gov.
• Fax: 206–526–6736, Attn: Colby
Brady.
• Mail: William W. Stelle, Regional
Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070, Attn: Colby
Brady.
FOR FURTHER INFORMATION CONTACT:
Colby Brady (West Coast Region,
NMFS), phone: 206–526–6117, fax: 206–
526–6736.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
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Jkt 235001
This
action is authorized by the Pacific Coast
Groundfish Fishery Management Plan
(FMP) and the Magnuson-Stevens
Fishery Conservation and Management
Act provisions at 50 CFR 600.745,
which states that EFPs may be used to
authorize fishing activities that would
otherwise be prohibited. At the June
2014 Pacific Fishery Management
Council (Council) meeting in Garden
Grove, CA, the Council considered an
EFP application from the San Francisco
Community Fishing Association and
Dan Platt. An opportunity for public
testimony was provided during the
Council meeting. For more details on
this EFP application and to view a copy
of the application, see the Council’s
Web site at www.pcouncil.org and
browse the June 2014 Briefing Book.
The Council recommended that NMFS
consider issuing the following EFP, and
that this EFP be issued for 2 years. The
2-year duration is intended to coincide
with the 2015–2016 biennial harvest
specifications and management
measures process. Therefore, to reduce
the administrative burden of issuing
annual EFPs during the 2-year
management cycle, NMFS is
considering issuing the EFP described
below for a 2-year period. The EFP
issued for this 2-year period would
expire no later than December 31, 2016,
but could be terminated earlier under
terms and conditions of the EFP and
other applicable laws.
SUPPLEMENTARY INFORMATION:
Commercial Yellowtail EFP
The San Francisco Community
Fishing Association and Dan Platt
submitted an application to continue
their 2013–2014 EFP work for two more
years. The primary purpose of the EFP
is to test a commercial hook and line
gear to target underutilized yellowtail
rockfish, while keeping bycatch of
overfished species low. During their
work in 2013 and 2014, a total of
approximately 3.6 mt (3,600 kg) of
yellowtail rockfish was harvested with
very little bycatch of co-occurring
overfished species.
Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
Dated: February 25, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–04355 Filed 3–2–15; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD732
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Shell Ice
Overflight Surveys in the Beaufort and
Chukchi Seas, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
NMFS received an
application from Shell Gulf of Mexico
Inc. (Shell) for an Incidental Harassment
Authorization (IHA) to take marine
mammals, by harassment, incidental to
ice overflight surveys in the Chukchi
and Beaufort Seas, Alaska. Pursuant to
the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an IHA to Shell
to take, by Level B harassment only,
seven species of marine mammals
during the specified activity.
DATES: Comments and information must
be received no later than April 2, 2015.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910. The
mailbox address for providing email
comments is ITP.Guan@noaa.gov.
NMFS is not responsible for email
comments sent to addresses other than
the one provided here. Comments sent
via email, including all attachments,
must not exceed a 10-megabyte file size.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm without change. All
Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
A copy of the application, which
contains several attachments used in
this document, including Shell’s marine
mammal mitigation and monitoring
plan (4MP) and Plan of Cooperation,
may be obtained by writing to the
address specified above, telephoning the
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Pages 11396-11398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04279]
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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: Initiation and Preliminary Results of Changed Circumstances
Review, and Intent To Revoke Order In Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by Positec USA, Inc., and RQ Direct,
Inc. (collectively, Positec), and pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and
351.221(c)(3)(ii), the Department of Commerce (the Department) is
initiating a changed circumstances review (CCR) of the antidumping duty
(AD) order on hand trucks and certain parts thereof (hand trucks) from
the People's Republic of China (PRC). Based on the information
received, we preliminarily intend to revoke, in part, the Order.\1\
Interested parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Hand Trucks and
Certain Parts Thereof From the People's Republic of China, 69 FR
70122 (December 2, 2004) (Order).
---------------------------------------------------------------------------
DATES: Effective Date: December 1, 2012.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke, or Robert James, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4947 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 2, 2004, the Department published in the Federal
Register the AD order on hand trucks from the PRC.\2\ On December 9,
2014, in accordance with sections 751(b) and 751(d)(1) of the Act, 19
CFR 351.216(b), and 19 CFR 351.222(g)(1), Positec, an interested party,
requested revocation, in part, of the Order with respect to its WORX
Aerocart (Aerocart) as part of a changed circumstances review. Positec
requested that the Department conduct the changed circumstances review
on an expedited basis pursuant to 19 CFR 351.221(c)(3)(ii). On December
10, 2014, Gleason Industrial Products, Inc. and Precision Products,
Inc. (collectively, Petitioners) submitted a statement asserting that
Petitioners have no interest in the patented and trademarked product
known as the WORX Aerocart being subject to the Order.\3\ On January
30, 2015, Positec clarified the language for revoking the Order, in
part, with respect to Aerocart for this changed circumstances
review.\4\ On February 2, 2015, Petitioners assented to the revised
description.\5\ On February 12, 2015, Positec, in consultation with
Petitioners, further modified the language for revoking the Order, in
part, with respect to Aerocart for this changed circumstance review.\6\
---------------------------------------------------------------------------
\2\ Id.
\3\ See Petitioners' submission, ``Hand Trucks and Certain Parts
Thereof From the People's Republic of China: Petitioner's Statement
That It Has No Interest In the WORX Aerocart Being Subject to the
Order,'' dated December 10, 2014 at 1.
\4\ See Positec's submission, ``Changed Circumstances Review--
Modification Antidumping Duty Order on Hand Trucks and Certain Parts
Thereof From the People's Republic of China,'' dated 1/30/2015.
\5\ See Petitioners' submission, ``Hand Trucks and Certain Parts
Thereof From the People's Republic of China: Petitioner's Statement
That It Has No Interest In the WORX Aerocart Being Subject to the
Order,'' dated February 2, 2015.
\6\ See Positec's submission, ``Changed Circumstances Review--
Modification Antidumping Duty Order on Hand Trucks and Certain Parts
Thereof From the People's Republic of China,'' dated February 12,
2015.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this AD 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 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
[[Page 11397]]
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.
Initiation and Preliminary Results of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed circumstances review upon receipt of information
concerning, or a request from an interested party for a review of, a
final affirmative determination that resulted in an AD order which
shows changed circumstances sufficient to warrant a review. Section
782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that the
Department may revoke an order (in whole or in part) if it determines
that producers accounting for substantially all of the production of
the domestic like product have expressed a lack of interest in the
order, in whole or in part. In addition, in the event the Department
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii)
permits the Department to combine the notices of initiation and
preliminary results.
On December 9, 2014, Positec requested the Department conduct a
changed circumstances review on an expedited basis. On December 10,
2014, Petitioners filed a letter stating that they did not oppose
partial revocation of the Order that is limited to Positec's Aerocart.
Petitioners claimed that they are producers accounting for
substantially all of the production of the domestic like product and
they have no interest in Positec's Aerocart being subject to the scope
of the Order. On January 30, 2015, Positec clarified the description of
the Aerocart for purposes of this changed circumstances review. On
February 2, 2015, Petitioners assented to the revised description. On
February 12, 2015, Positec, in consultation with Petitioners, further
modified the exclusionary language of the Aerocart for purposes of this
changed circumstances review.
Therefore, at the request of Positec and in accordance with
sections 751(b)(1) and 751(d)(1) of the Act, 19 CFR 351.216, and 19 CFR
351.222(g)(1), we are initiating this changed circumstances review of
hand trucks to determine whether partial revocation of the Order is
warranted with respect to this product. In addition, pursuant to 19 CFR
351.221(c)(3)(ii), we determine that expedited action is warranted.
We find that Petitioners' affirmative statement of no interest
constitutes a reasonable basis for the conduct of this review.
Additionally, our decision to expedite this review pursuant to 19 CFR
351.221(c)(3)(ii) stems from the domestic industry's lack of interest
in application of the Order to Positec's Aerocart.
Based on the expression of no interest by Petitioners, and absent
any objections by other domestic interested parties, we preliminarily
determine that substantially all of the domestic producers have no
interest in the continued application of the Order on hand trucks from
the PRC to the merchandise that is subject to Positec's request.
Therefore, we are notifying the public of our intent to revoke, in
part, the Order as it relates to imports of Positec's Aerocart. If we
make a final determination to revoke the Order in part, this partial
revocation will be retroactively applied to entries of Positec's
Aerocart entered or withdrawn from warehouse, for consumption, on or
after December 1, 2012, which corresponds to the day following the last
day of the most recently completed administrative review under the
order.\7\ We intend to modify the scope of the AD order to add the
following:
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\7\ See Hand Trucks and Certain Parts Thereof From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2011-2012, 79 FR 44008 (July 29, 2014).
Excluded from the scope of the order is a multifunction cart
that combines, among others, the capabilities of a wheelbarrow and
dolly. The product comprises a steel frame than 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'.
Public Comment
Interested parties are invited to comment on these preliminary
results. Written comments may be submitted no later than 14 days after
the publication of this notice. Rebuttals to written comments, limited
to issues raised in such comments, may be filed no later than 21 days
after the date of publication of this notice. Consistent with 19 CFR
351.309, parties who submit written comments or rebuttal comments in
this changed circumstances review are requested to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. Pursuant to 19 CFR
351.310(c), any interested party may request a hearing within 10 days
after publication of this notice.\8\ Further, any hearing, if
requested, will be held no later than 25 days after the date of
publication of this notice, or the first business day thereafter.
Parties will be notified of the time and date of any hearing if
requested. All written comments and/or hearing requests must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).\9\
ACCESS is available to registered users at https://access.trade.gov. An
electronically-filed document must be received successfully in its
entirety by the Department's electronic records system, ACCESS, by 5
p.m. Eastern Time on the date the document is due.
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\8\ See 19 CFR 351.303 for general filing requirements.
\9\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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We intend to issue our final results of this changed circumstances
review not later than 270 days after the date on which we initiated the
changed circumstances review or within 45 days if all parties agree to
our preliminary results, in accordance with 19 CFR 351.216(e).
If final revocation, in part, occurs, we will instruct U.S. Customs
and Border Protection to end the suspension of liquidation for the
merchandise covered by the revocation on the effective date of the
notice of revocation and to release any cash deposit or bond. The
current requirement for a cash deposit of estimated AD duties on all
subject
[[Page 11398]]
merchandise will continue unless and until it is modified pursuant to
the final results of this changed circumstances review.
This initiation, preliminary results of review and notice are
published in accordance with sections 751(b)(1) and 777(i)(1) of the
Act and 19 CFR 351.216, 351.221(b)(1) and (4), and 351.222(g).
Dated: February 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-04279 Filed 3-2-15; 8:45 am]
BILLING CODE 3510-DS-P
