Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Notices 22369 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–337–804, A–533–813, A–560–802, A–570– 

851] 

Certain Preserved Mushrooms From 

Chile, India, Indonesia, and the 

People’s Republic of China: Notice of 

Continuation of Antidumping Duty 

Orders 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of the 

determinations by the Department of 

Commerce (the Department) and the 

International Trade Commission (ITC) 

that revocation of the antidumping duty 

orders on certain preserved mushrooms 

(mushrooms) from Chile, India, 

Indonesia, and the People’s Republic of 

China (PRC) would be likely to lead to 

continuation or recurrence of dumping 

and of material injury to an industry in 

the United States within a reasonably 

foreseeable time, the Department is 

publishing notice of the continuation of 

these antidumping duty orders. 

DATES: Effective Date: April 28, 2010. 

FOR FURTHER INFORMATION CONTACT: Kate 

Johnson or Brandon Farlander, AD/CVD 

Operations, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street & Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–4929 or (202) 482–0182, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 1, 2009, the Department 

initiated and the ITC instituted sunset 

reviews of the antidumping duty orders 

on mushrooms from Chile, India, 

Indonesia, and the PRC, pursuant to 

section 751(c) of the Tariff Act of 1930, 

as amended (the Act). See also Notice of 

Antidumping Duty Order: Certain 

Preserved Mushrooms from Chile, 63 FR 

66529 (December 2, 1998); Notice of 

Amendment of Final Determination of 

Sales at Less Than Fair Value and 

Antidumping Duty Order: Certain 

Preserved Mushrooms from India, 64 FR 

8311 (February 19, 1999); Notice of 

Antidumping Duty Order: Certain 

Preserved Mushrooms from Indonesia, 

64 FR 8310 (February 19, 1999); and 

Notice of Amendment of Final 

Determination of Sales at Less Than 

Fair Value and Antidumping Duty 

Order: Certain Preserved Mushrooms 

from the People’s Republic of China, 64 

FR 8308 (February 19, 1999). 

The Department conducted expedited 

sunset reviews of these orders. As a 

result of its review, the Department 

found that revocation of the 

antidumping duty orders would be 

likely to lead to continuation or 

recurrence of dumping and notified the 

ITC of the magnitude of the margins 

likely to prevail were the orders to be 

revoked. See Certain Preserved 

Mushrooms from Chile, India, Indonesia 

and the People’s Republic of China: 

Final Results of the Expedited Sunset 

Reviews of the Antidumping Duty 

Orders, 74 FR 67170 (December 18, 

2009) (Final Results). 

On April 15, 2010, the ITC published 

its determination pursuant to section 

751(c) of the Act, that revocation of the 

antidumping duty orders on mushrooms 

from Chile, India, Indonesia, and the 

PRC would be likely to lead to 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time. See Preserved Mushrooms from 

Chile, China, India, and Indonesia; 

Determinations, 75 FR 19658 (April 15, 

2010). 

Scope of the Finding 

The products covered under the 

mushrooms orders are imported whole, 

sliced, diced, or as stems and pieces. 

The ‘‘preserved mushrooms’’ covered 

under the orders are the species 

Agaricus bisporus and Agaricus 

bitorquis. ‘‘Preserved mushrooms’’ refer 

to mushrooms that have been prepared 

or preserved by cleaning, blanching, and 

sometimes slicing or cutting. These 

mushrooms are then packed and heated 

in containers, including but not limited 

to cans or glass jars in a suitable liquid 

medium, including but not limited to 

water, brine, butter or butter sauce. 

Included within the scope of these 

orders are ‘‘brined’’ mushrooms, which 

are presalted and packed in a heavy salt 

solution to provisionally preserve them 

for further processing. Also included 

within the scope of these orders, as of 

June 19, 2000, are marinated, acidified, 

or pickled mushrooms containing less 

than 0.5 percent acetic acid. 

Excluded from the scope of these 

orders are the following: (1) All other 

species of mushroom, including straw 

mushrooms; (2) all fresh and chilled 

mushrooms, including ‘‘refrigerated’’ or 

‘‘quick blanched mushrooms’’; (3) dried 

mushrooms; and (4) frozen mushrooms. 

The merchandise subject to these orders 

was previously classifiable under 

subheadings 2003.10.0027, 

2003.10.0031, 2003.10.0037, 

2003.10.0043, 2003.10.0047, 

2003.10.0053, and 0711.90.4000 of the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’). Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of these 

orders is dispositive. As of January 1, 

2002, the HTSUS subheadings are as 

follows: 2003.10.0127, 2003.10.0131, 

2003.10.0137, 2003.10.0143, 

2003.10.0147, 2003.10.0153, 

0711.51.0000. 

Continuation of the Finding 

As a result of the determinations by 

the Department and the ITC that 

revocation of the antidumping duty 

orders would be likely to lead to 

continuation or recurrence of dumping 

and material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act, the Department 

hereby orders the continuation of the 

antidumping duty orders on mushrooms 

from Chile, India, Indonesia, and the 

PRC. 

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 continuation of 

these orders will be the date of 

publication in the Federal Register of 

this Notice of Continuation. Pursuant to 

section 751(c)(2) of the Act, the 

Department intends to initiate the next 

five-year review of this finding not later 

than March 2015. 

These five-year (sunset) reviews and 

this notice are in accordance with 

sections 751(c) and 777(i)(1) of the Act 

and 19 CFR 351.218(f)(4). 

Dated: April 16, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–9864 Filed 4–27–10; 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: 

Continuation of the Antidumping Duty 

Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: April 28, 2010. 

SUMMARY: As a result of the 

determinations by the Department of 

Commerce (the Department) and the 

International Trade Commission (the 

Commission) that revocation of the 


sroberts on DSKD5P82C1PROD with PROPOSALS
22370 Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Notices 

antidumping duty order on hand trucks 

and certain parts thereof (hand trucks) 

from the People’s Republic of China 

(PRC) would likely lead to a 

continuation or recurrence of dumping 

and material injury to an industry in the 

United States, the Department is 

publishing a notice of continuation of 

the antidumping duty order. 

FOR FURTHER INFORMATION CONTACT: 

Mark Flessner or Robert James, AD/CVD 

Operations Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street & Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–6312 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 2, 2009, the Department 

initiated a sunset review of the 

antidumping duty order on hand trucks 

from the PRC pursuant to section 751(c) 

of the Tariff Act of 1930, as amended 

(the Tariff Act). See Initiation of Five– 

Year (‘‘Sunset’’) Reviews, 74 FR 56593 

(November 2, 2009). 

As a result of its review, the 

Department determined that revocation 

of the antidumping duty order on hand 

trucks from the PRC would likely lead 

to a continuation or recurrence of 

dumping and, therefore, notified the 

Commission of the magnitude of the 

margins likely to prevail should the 

order be revoked. See Hand Trucks and 

Certain Parts Thereof from the People’s 

Republic of China: Final Results of 

Expedited Five–year (Sunset) Review of 

Antidumping Duty Order, 75 FR 11120 

(March 10, 2010). 

On March 31, 2010, the Commission 

determined, pursuant to section 751(c) 

of the Tariff Act, that revocation of the 

antidumping duty order on hand trucks 

from the PRC would likely lead to a 

continuation or recurrence of material 

injury to an industry in the United 

States within the reasonably foreseeable 

future. See USITC Publication 4138 

(April 2010), and Hand Trucks and 

Certain Parts Thereof from the People’s 

Republic of China, 75 FR 20862 (April 

21, 2010). 

Scope of the 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 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 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 order. 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 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 8716.80.50.10 

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 materials 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. The written 

description remains dispositive. 

Continuation of the Order 

As a result of these determinations by 

the Department and the Commission 

that revocation of the antidumping duty 

order on hand trucks 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 Tariff Act, the 

Department hereby orders the 

continuation of the antidumping order 

on hand trucks from the PRC. United 

States 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 

Tariff Act, the Department 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. 

This five–year (sunset) review and 

this notice are in accordance with 

section 751(c) of the Tariff Act and 

published pursuant to section 777(i)(1) 

of the Tariff Act. 

Dated: April 22,2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–10012 Filed 4–27–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–838, A–331–802, A–533–840, A–570– 

893, A–549–822, A–552–802] 

Certain Frozen Warmwater Shrimp 

From Brazil, Ecuador, India, the 

People’s Republic of China, Thailand, 

and the Socialist Republic of Vietnam: 

Notice of Court Decision Not in 

Harmony With the Final 

Determinations and Amended Final 

Determinations of the Antidumping 

Duty Investigations 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 14, 2010, the United 

States Court of International Trade 

(‘‘CIT’’) sustained the remand 


sroberts on DSKD5P82C1PROD with PROPOSALS