Hand Trucks and Certain Parts Thereof From the People's Republic of China: Continuation of Antidumping Duty Order, 11926-11927 [2021-04186]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11926-11927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04186]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-891]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty order on hand trucks and certain 
parts thereof (hand trucks) from the People's Republic of China (China) 
would likely lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, Commerce is publishing a 
notice of continuation of the antidumping duty order.

DATES: Applicable March 1, 2021.

FOR FURTHER INFORMATION CONTACT: George McMahon or Margaret Collins, 
AD/CVD Operations Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1167 or (202) 
482-6250, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 2, 2004, Commerce published in the Federal Register the 
antidumping duty order on hand trucks from China.\1\ On July 1, 2020, 
Commerce initiated, and the ITC instituted, the five-year (sunset) 
review of the Order pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\2\ On November 4, 2020, Commerce published 
in the Federal Register the result of its third expedited sunset review 
of the antidumping duty order on hand trucks from China.\3\ As a result 
of its review, Commerce determined that revocation of the Order would 
likely lead to a continuation or recurrence of dumping and, therefore,

[[Page 11927]]

notified the ITC of the magnitude of the margins likely to prevail 
should the Order be revoked.\4\
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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) (the Order).
    \2\ See Initiation of Five-Year (``Sunset'') Reviews, 85 FR 
39526 (July 1, 2020); see also Hand Trucks and Certain Parts Thereof 
from China; Institution of a Five-Year Review, 85 FR 39584 (July 1, 
2020).
    \3\ See Hand Trucks and Certain Parts Thereof from the People's 
Republic of China: Final Results of the Expedited Third Sunset 
Review of the Antidumping Duty Order, 85 FR 70129 (November 4, 
2020).
    \4\ Id.
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    On February 16, 2021, the ITC published its determination, pursuant 
to section 751(c) of the Act, that revocation of the Order would likely 
lead to a continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time.\5\
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    \5\ See Hand Trucks and Certain Parts Thereof from China Inv. 
No. 731-TA-1059 (Third Review), 86 FR 9535 (February 16, 2021); see 
also USITC Pub. 2021-03059 (February 2021).
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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 order. 
That the vertical frame, handling area, wheels, projecting edges or 
other parts of the hand truck can be collapsed or folded is not a basis 
for exclusion of the hand truck from the scope of the order. That other 
wheels may be connected to the vertical frame, handling area, 
projecting edges, or other parts of the band truck, in addition to the 
two or more wheels located at or near the lower section of the vertical 
frame, is not a basis for exclusion of the hand truck from the scope of 
the order. Finally, that the band truck may exhibit physical 
characteristics in addition to the vertical frame, the handling area, 
the projecting edges or toe plate, and the two wheels at or near the 
lower section of the vertical frame, is not a basis for exclusion of 
the hand truck from the scope of the order.
    Examples of names commonly used to reference hand trucks are hand 
truck, convertible hand truck, appliance hand truck, cylinder hand 
truck, bag truck, dolly, or hand trolley. They are typically imported 
under heading 8716.80.5010 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, Commerce'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.''

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, Commerce hereby 
orders the continuation of the Order. U.S. Customs and Border 
Protection will continue to collect antidumping duty cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the Order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Order not later than 30 days prior to the fifth anniversary of 
the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: February 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-04186 Filed 2-26-21; 8:45 am]
BILLING CODE 3510-DS-P