69 FR 70122, December 2, 2004

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-891]

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

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

ACTION: Notice of antidumping duty order.

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EFFECTIVE DATES: December 2, 2004.

FOR FURTHER INFORMATION CONTACT: Daniel J. Alexy, Stephen Cho, or 
Audrey Twyman, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1540, (202) 482-3798, or (202) 482-3534, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of Order

    The merchandise subject to this antidumping duty order consists of 
hand trucks manufactured from any material, whether assembled or 
unassembled, complete or incomplete, suitable for any use, and certain 
parts thereof, namely the vertical frame, the handling area and the 
projecting edges or toe plate, and any combination thereof.
    A complete or fully assembled hand truck is a hand-propelled barrow 
consisting of a vertically disposed frame having a handle or more than 
one handle at or near the upper section of the vertical frame; at least 
two wheels at or near the lower section of the vertical frame; and a 
horizontal projecting edge or edges, or toe plate, perpendicular or 
angled to the vertical frame, at or near the lower section of the 
vertical frame. The projecting edge or edges, or toe plate, slides 
under a load for purposes of lifting and/or moving the load.
    That the vertical frame can be converted from a vertical setting to 
a horizontal setting, then operated in that horizontal setting as a 
platform, is not a basis for exclusion of the hand truck from the scope 
of this 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 8716.80.50.10 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''), although they may also be imported under 
heading 8716.80.50.90. Specific parts of a hand truck, namely the 
vertical frame, the handling area and the projecting edges or toe 
plate, or any combination thereof, are typically imported under heading 
8716.90.50.60 of the HTSUS. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the Department's written 
description of the scope is dispositive.
    Excluded from the scope are small two-wheel or four-wheel utility 
carts specifically designed for carrying loads like personal bags or 
luggage in which the frame is made from telescoping tubular 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.

Antidumping Duty Order

    In accordance with section 735(d) of the Tariff Act of 1930, as 
amended (``the Act''), the Department published its final determination 
that hand trucks from the PRC are being sold in the United States at 
less than fair value. See Notice of Final Determination of Sales at 
Less Than Fair Value: Hand Trucks and Certain Parts Thereof from the 
People's Republic of China, 69 FR 60980

[[Page 70123]]

(October 14, 2004). Subsequently, the Department amended its final 
determination of the antidumping duty investigation of hand trucks from 
the PRC to correct certain ministerial errors in the final margin 
calculation. See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Hand Trucks and Certain Parts Thereof from the 
People's Republic of China, 69 FR 65410 (November 12, 2004). On 
November 23, 2004, in accordance with section 735(d) of the Act, the 
U.S. International Trade Commission (``ITC'') notified the Department 
that a U.S. industry is ``threatened with material injury,'' within the 
meaning of section 735(b)(1)(A)(ii) of the Act, by reason of less-than-
fair-value imports of hand trucks from the PRC.
    According to section 736(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination if that determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted without the imposition of suspension of liquidation of 
entries since the Department's preliminary determination. In addition, 
section 736(b)(2) of the Act requires U.S. Customs and Border 
Protection (``CBP'') to refund any cash deposits or bonds of estimated 
antidumping duties posted since the Department's preliminary 
antidumping determination if the ITC's final determination is threat-
based.
    Because the ITC's final determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted but for the imposition of suspension of liquidation of 
entries since the Department's preliminary determination, section 
736(b)(2) of the Act is applicable to this order. Therefore, the 
Department will direct CBP to assess, upon further advice, antidumping 
duties on all unliquidated entries of hand trucks from the PRC entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the ITC's notice of final determination of threat of 
material injury in the Federal Register and to terminate the suspension 
of liquidation for entries of hand trucks from the PRC entered, or 
withdrawn from warehouse, for consumption prior to that date. The 
Department will also instruct CBP to refund any cash deposits made, or 
bonds posted, between the publication date of the Department's 
preliminary antidumping determination and the publication date of the 
ITC's final determination.
    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP must require, at the same 
time as importers would normally deposit estimated duties, cash 
deposits for the subject merchandise equal to the weighted-average 
antidumping duty margins as noted below:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Producers or exporters                       margin
                                                              percentage
------------------------------------------------------------------------
Qingdao Huatian Hand Truck Co., Ltd........................        46.48
Qingdao Taifa Group Co., Ltd...............................        26.49
True Potential Co..........................................        33.68
Qingdao Future Tool Inc....................................        32.76
Shandong Machinery Import & Export Group Corp..............        32.76
PRC-wide Rate..............................................       383.60
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
hand trucks from the PRC, pursuant to section 736(a) of the Act. 
Interested parties may contact the Central Records Unit, Room B-099 of 
the main Commerce building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: November 29, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E4-3449 Filed 12-1-04; 8:45 am]