Hand Trucks and Certain Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review and Revocation, in Part, 18812-18814 [2015-08112]
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18812
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
five days after the written comments are
filed.4
Any interested party may request a
hearing within 30 days of publication of
this notice.5 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.6
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any such
comments, within 120 days of
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act.
Assessment Rates
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Upon issuance of the final results of
this review, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.7 The
Department intends to issue appropriate
assessment instructions to CBP 15 days
after publication of the final results of
this review.
For any individually examined
respondent whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).8 For duty assessment
rates calculated on this basis, we will
direct CBP to assess the resulting ad
valorem rate against the entered
customs values for the subject
merchandise.
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
4 See
19 CFR 351.309(d).
19 CFR 351.310(c).
6 See 19 CFR 351.310(d)(1).
7 See 19 CFR 351.212(b)(1).
8 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
5 See
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examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.9
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review.
Cash Deposit Requirements
Because the antidumping duty order
on frontseating service valves from the
PRC was revoked,10 the Department will
not issue cash deposit instructions at
the conclusion of this administrative
review.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing notice
of these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: March 31, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rates
5. Surrogate Country and Surrogate Value
Data
6. Surrogate Country
7. Economic Comparability
8. Significant Producers of Identical or
Comparable Merchandise
9. Data Availability
10. Date of Sale
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
10 See Frontseating Service Valves from the
People’s Republic of China: Final Results of Sunset
Review and Revocation of Antidumping Duty Order,
79 FR 27573 (May 14, 2014).
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11. Comparisons to Normal Value
12. Constructed Export Price
13. Value-Added Tax
14. Normal Value
15. Factor Valuations
16. Currency Conversion
[FR Doc. 2015–08120 Filed 4–7–15; 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:
Final Results of Antidumping Duty
Changed Circumstances Review and
Revocation, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 3, 2015, the
Department of Commerce (the
Department) published its notice of
initiation and preliminary results of
changed circumstances review, and
intent to revoke, in part, the
antidumping (AD) duty order on hand
trucks and certain parts thereof (hand
trucks) from the People’s Republic of
China (PRC).1 We invited parties to
comment and received no comments.
Therefore, we are now revoking the
order, in part, with respect to certain
multifunction carts meeting the
specifications described below.
DATES: Effective Dates: December 1,
2012 (AD order).
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke at (202) 482–4947 or
Robert James at (202) 482–0649; 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
Tariff Act of 1930, as amended (the Act),
19 CFR 351.216(b), and 19 CFR
351.222(g)(1), Positec USA, Inc. and RW
1 See 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, 80 FR
11396 (March 3, 2015) (Initiation and Preliminary
Results).
2 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).
E:\FR\FM\08APN1.SGM
08APN1
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
Direct, Inc. (collectively, Positec),
importers, 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 March 3, 2015, the
Department published in the Federal
Register the Initiation and Preliminary
Results. As noted above, we gave
interested parties an opportunity to
comment on the Initiation and
Preliminary Results. We received no
comments from interested parties.
Therefore, we are now revoking the
Order, in part, with respect to certain
multifunction carts meeting the
specifications described below.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Scope of Changed Circumstances
Review
The merchandise covered by this
changed circumstances review is a
multifunction cart that combines,
among others, the capabilities of a
wheelbarrow and dolly. The product
comprises a steel frame that can be
converted from vertical to horizontal
functionality, two wheels toward the
lower end of the frame and two
removable handles near the top. In
addition to a foldable projection edge in
its extended position, it includes a
permanently attached steel tub or
barrow. This product is currently
available under proprietary trade names
such as the ‘‘Aerocart.’’
The scope of the Order will be
modified to read as stated below.
Scope of the Order
The merchandise subject to this 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
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Jkt 235001
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
the United States (HTSUS), although
they may also be imported under
heading 8716.80.5090. Specific parts of
a hand truck, namely the vertical frame,
the handling area and the projecting
edges or toe plate, or any combination
thereof, are typically imported under
heading 8716.90.5060 of the HTSUS.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the Department’s written
description of the scope is dispositive.
Excluded from the scope are small
two-wheel or four-wheel utility carts
specifically designed for carrying loads
like personal bags or luggage in which
the frame is made from telescoping
tubular material measuring less than 5/
8 inch in diameter; hand trucks that use
motorized operations either to move the
hand truck from one location to the next
or to assist in the lifting of items placed
on the hand truck; vertical carriers
designed specifically to transport golf
bags; and wheels and tires used in the
manufacture of hand trucks.
Excluded from the scope is a
multifunction cart that combines,
among others, the capabilities of a
wheelbarrow and dolly. The product
comprises a steel frame that can be
converted from vertical to horizontal
functionality, two wheels toward the
lower end of the frame and two
removable handles near the top. In
addition to a foldable projection edge in
its extended position, it includes a
permanently attached steel tub or
PO 00000
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Fmt 4703
Sfmt 4703
18813
barrow. This product is currently
available under proprietary trade names
such as the ‘‘Aerocart.’’
Final Results of Changed
Circumstances Review, and Revocation
of the AD Order in Part
At the request of Positec, and in
accordance with sections 751(b)(1) and
(d)(1) of the Act, 19 CFR 351.216, and
19 CFR 351.222(g)(1), the Department
initiated a changed circumstances
review of the Order on hand trucks from
the PRC to determine whether partial
revocation of the Order is warranted
with respect to certain multifunction
carts.3 In addition, we determined that
expedited action is warranted and,
consistent with 19 CFR 351.221(c)(3)(ii),
we combined the notices of initiation
and preliminary results.4 Based on the
expression of no interest by Petitioners,
which stated that they are producers
accounting for substantially all of the
production of the domestic like product
in support of the Order,5 and absent any
objections by other domestic interested
parties, we preliminarily determined
that substantially all of the domestic
producers of the like product have no
interest in the continued application of
the AD Order on hand trucks from the
PRC to the merchandise that is subject
to Positec’s request. Therefore, we
preliminarily determined that partial
revocation of the Order is appropriate.
Accordingly, we notified the public of
our intent to revoke, in part, the AD
Order with respect to certain
multifunction carts. We did not receive
any comments from parties objecting to
the partial revocation. Because all
parties to the proceeding agree to the
outcome of the review, we are issuing
these final results of changed
circumstances review within 45 days of
initiation in accordance with 19 CFR
351.216(e).
Therefore, in accordance with
sections 751(d)(1) and 782(h) of the Act,
and 19 CFR 351.222(g)(1)(i), the
Department is partially revoking the AD
Order on hand trucks from the PRC with
respect to certain multifunction carts
meeting the specifications described
above. This partial revocation will be
applied to entries of the certain
multifunction cart entered or withdrawn
from warehouse, for consumption, on or
after December 1, 2012, which
corresponds to the day following the
3 See
Initiation and Preliminary Results.
4 Id.
5 See Letter from Petitioners, ‘‘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 3.
E:\FR\FM\08APN1.SGM
08APN1
18814
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
last day of the most recently completed
administrative review under the order.6
Instructions to U.S. Customs and
Border Protection
As we stated in our Initiation and
Preliminary Results, 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 this
notice of revocation, in part, and to
release any cash deposit or bond,
pursuant to 19 CFR 351.222(g)(4).
Notification
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR
351.216(e), 351.221(b)(5), and
351.222(g).
review covers two mandatory
respondents, Baoding Mantong Fine
Chemistry Co. Ltd. (Baoding Mantong)
and Evonik Rexim (Nanning)
Pharmaceutical Co., Ltd. (Evonik). The
Department preliminarily finds that
Baoding Mantong sold subject
merchandise in the United States at
prices below the normal value (NV)
during the POR. The Department
preliminarily determines that Evonik’s
sales to the United States were not bona
fide and is preliminarily rescinding the
review with respect to Evonik.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: April 8, 2015.
FOR FURTHER INFORMATION CONTACT:
Dena Crossland or Ericka Ukrow, 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) 482–3362 or (202) 482–
0405, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 30, 2014, the Department
initiated an administrative review of the
antidumping duty Order 1 on glycine
from the PRC.2
[A–570–836]
Scope of the Order
The product covered by the
antidumping duty order is glycine,
which is a free-flowing crystalline
material, like salt or sugar.3 The subject
merchandise is currently classifiable
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheading 2922.49.4020. The HTSUS
subheading is provided for convenience
and customs purposes only; the written
product description of the scope of the
order is dispositive.4
Glycine From the People’s Republic of
China: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Intent To
Rescind, in Part; 2013–2014
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). For a full
Dated: April 2, 2015.
Paul Piquado
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–08112 Filed 4–7–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on glycine from
the People’s Republic of China (the
PRC) covering the period of review
(POR) from March 1, 2013, through
February 28, 2014. The administrative
asabaliauskas on DSK5VPTVN1PROD with NOTICES
AGENCY:
6 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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17:55 Apr 07, 2015
Jkt 235001
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
The list of topics discussed in the
Preliminary Decision Memorandum is
provided as an Appendix to the notice.
This memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
https://www.trade.gov/enforcement/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Bona Fides Analysis
As discussed in Evonik’s Bona Fide
Memorandum, the Department
preliminarily finds that the sales by
Evonik are not bona fide, and that these
sales, and absence of factors-ofproduction (FOP) data, do not provide
a reasonable or reliable basis for
calculating a dumping margin.5 The
Department reached this conclusion
based on the totality of circumstances,
namely: (a) The atypical nature of
Evonik’s price; and (b) the atypical
circumstances surrounding its
supplier’s inability to provide FOP data.
Because these non-bona fide sales were
the only sales of subject merchandise
that Evonik made during the POR, the
Department is preliminarily rescinding
its review of Evonik.
Preliminary Results of Review
The Department has preliminarily
determined that the following dumping
margin exists for the period March 1,
2013, through February 28, 2014:
Exporter
1 See Antidumping Duty Order: Glycine from the
People’s Republic of China, 60 FR 16116 (March 29,
1995) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 79 FR 24398 (April
30, 2014).
3 See ‘‘Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review: Glycine from the People’s Republic of
China; 2013–2014’’ from Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice
(Preliminary Decision Memorandum), for a
complete description of the scope of the order.
4 See Order.
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Frm 00009
Fmt 4703
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Dumping
margin
(percent)
Baoding Mantong Fine Chemistry Co. Ltd .............................
784.48
5 See Memorandum to Abdelali Elouaradia,
Acting Director, Office VI, Antidumping and
Countervailing Duty Operations, through Angelica
Townshend, Program Manager, Office VI,
Antidumping and Countervailing Duty Operations,
from Ericka Ukrow, International Trade Compliance
Analyst, Office VI, titled ‘‘Antidumping Duty
Administrative Review of Glycine from the People’s
Republic of China; 2013–2014: Bona Fide Nature of
Evonik Rexim (Nanning) Pharmaceutical Co., Ltd.’s
Sales,’’ dated concurrently and hereby adopted by
this notice (Evonik’s Bona Fide Memorandum).
E:\FR\FM\08APN1.SGM
08APN1
]]>Agencies
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18812-18814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08112]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof From the People's Republic
of China: Final Results of Antidumping Duty Changed Circumstances
Review and Revocation, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 3, 2015, the Department of Commerce (the Department)
published its notice of initiation and preliminary results of changed
circumstances review, and intent to revoke, in part, the antidumping
(AD) duty order on hand trucks and certain parts thereof (hand trucks)
from the People's Republic of China (PRC).\1\ We invited parties to
comment and received no comments. Therefore, we are now revoking the
order, in part, with respect to certain multifunction carts meeting the
specifications described below.
---------------------------------------------------------------------------
\1\ See 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, 80 FR
11396 (March 3, 2015) (Initiation and Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective Dates: December 1, 2012 (AD order).
FOR FURTHER INFORMATION CONTACT: Scott Hoefke at (202) 482-4947 or
Robert James at (202) 482-0649; 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.
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 Tariff
Act of 1930, as amended (the Act), 19 CFR 351.216(b), and 19 CFR
351.222(g)(1), Positec USA, Inc. and RW
[[Page 18813]]
Direct, Inc. (collectively, Positec), importers, 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 March 3, 2015, the
Department published in the Federal Register the Initiation and
Preliminary Results. As noted above, we gave interested parties an
opportunity to comment on the Initiation and Preliminary Results. We
received no comments from interested parties. Therefore, we are now
revoking the Order, in part, with respect to certain multifunction
carts meeting the specifications described below.
---------------------------------------------------------------------------
\2\ 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).
---------------------------------------------------------------------------
Scope of Changed Circumstances Review
The merchandise covered by this changed circumstances review is a
multifunction cart that combines, among others, the capabilities of a
wheelbarrow and dolly. The product comprises a steel frame that can be
converted from vertical to horizontal functionality, two wheels toward
the lower end of the frame and two removable handles near the top. In
addition to a foldable projection edge in its extended position, it
includes a permanently attached steel tub or barrow. This product is
currently available under proprietary trade names such as the
``Aerocart.''
The scope of the Order will be modified to read as stated below.
Scope of the Order
The merchandise subject to this 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 the
United States (HTSUS), although they may also be imported under heading
8716.80.5090. Specific parts of a hand truck, namely the vertical
frame, the handling area and the projecting edges or toe plate, or any
combination thereof, are typically imported under heading 8716.90.5060
of the HTSUS. Although the HTSUS subheadings are provided for
convenience and customs purposes, the Department's written description
of the scope is dispositive.
Excluded from the scope are small two-wheel or four-wheel utility
carts specifically designed for carrying loads like personal bags or
luggage in which the frame is made from telescoping tubular material
measuring less than 5/8 inch in diameter; hand trucks that use
motorized operations either to move the hand truck from one location to
the next or to assist in the lifting of items placed on the hand truck;
vertical carriers designed specifically to transport golf bags; and
wheels and tires used in the manufacture of hand trucks.
Excluded from the scope is a multifunction cart that combines,
among others, the capabilities of a wheelbarrow and dolly. The product
comprises a steel frame that can be converted from vertical to
horizontal functionality, two wheels toward the lower end of the frame
and two removable handles near the top. In addition to a foldable
projection edge in its extended position, it includes a permanently
attached steel tub or barrow. This product is currently available under
proprietary trade names such as the ``Aerocart.''
Final Results of Changed Circumstances Review, and Revocation of the AD
Order in Part
At the request of Positec, and in accordance with sections
751(b)(1) and (d)(1) of the Act, 19 CFR 351.216, and 19 CFR
351.222(g)(1), the Department initiated a changed circumstances review
of the Order on hand trucks from the PRC to determine whether partial
revocation of the Order is warranted with respect to certain
multifunction carts.\3\ In addition, we determined that expedited
action is warranted and, consistent with 19 CFR 351.221(c)(3)(ii), we
combined the notices of initiation and preliminary results.\4\ Based on
the expression of no interest by Petitioners, which stated that they
are producers accounting for substantially all of the production of the
domestic like product in support of the Order,\5\ and absent any
objections by other domestic interested parties, we preliminarily
determined that substantially all of the domestic producers of the like
product have no interest in the continued application of the AD Order
on hand trucks from the PRC to the merchandise that is subject to
Positec's request. Therefore, we preliminarily determined that partial
revocation of the Order is appropriate. Accordingly, we notified the
public of our intent to revoke, in part, the AD Order with respect to
certain multifunction carts. We did not receive any comments from
parties objecting to the partial revocation. Because all parties to the
proceeding agree to the outcome of the review, we are issuing these
final results of changed circumstances review within 45 days of
initiation in accordance with 19 CFR 351.216(e).
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\3\ See Initiation and Preliminary Results.
\4\ Id.
\5\ See Letter from Petitioners, ``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 3.
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Therefore, in accordance with sections 751(d)(1) and 782(h) of the
Act, and 19 CFR 351.222(g)(1)(i), the Department is partially revoking
the AD Order on hand trucks from the PRC with respect to certain
multifunction carts meeting the specifications described above. This
partial revocation will be applied to entries of the certain
multifunction cart entered or withdrawn from warehouse, for
consumption, on or after December 1, 2012, which corresponds to the day
following the
[[Page 18814]]
last day of the most recently completed administrative review under the
order.\6\
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\6\ 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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Instructions to U.S. Customs and Border Protection
As we stated in our Initiation and Preliminary Results, 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 this notice of revocation, in part, and to release
any cash deposit or bond, pursuant to 19 CFR 351.222(g)(4).
Notification
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216(e), 351.221(b)(5), and
351.222(g).
Dated: April 2, 2015.
Paul Piquado
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-08112 Filed 4-7-15; 8:45 am]
BILLING CODE 3510-DS-P
