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]

Download as PDF 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 mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 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 Frm 00010 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. E:\FR\FM\03MRN1.SGM 03MRN1 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 VerDate Sep<11>2014 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 http:// 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 http:// iaaccess.trade.gov to http://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 03MRN1 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: VerDate Sep<11>2014 19:24 Mar 02, 2015 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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 http:// 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: E:\FR\FM\03MRN1.SGM 03MRN1

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).

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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.
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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 http://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 http://iaaccess.trade.gov to http://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