MESSAGE NO: 4146202 DATE: 05 25 2004
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 891 - -
- - - -
- - - -

PERIOD COVERED: 05 24 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF A PRELIMINARY DETERMINATION IN THE
ANTIDUMPING INVESTIGATION OF HAND TRUCKS AND CERTAIN
PARTS THEREOF FROM CHINA(A-570-891).

1. ON MAY 24, 2004, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS
THAN FAIR VALUE AND THE POSTPONEMENT OF THE FINAL DETERMINATION
IN THE ANTIDUMPING DUTY INVESTIGATION OF HAND TRUCKS AND CERTAIN
PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA (69 FR 29509)
(A-570-891).

2. SCOPE LANGUAGE

FOR THE PURPOSE OF THIS INVESTIGATION, THE PRODUCT COVERED
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
FOR THE PURPOSES OF U.S. CUSTOMS AND BORDER PROTECTION, 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.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-891.

4. FOR IMPORTS OF HAND TRUCKS AND CERTAIN PARTS THEREOF FROM THE
PEOPLE'S REPUBLIC OF CHINA, THE U.S. BUREAU OF CUSTOMS AND BORDER
PROTECTION SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 24,
2004. EFFECTIVE MAY 24, 2004 CUSTOMS SHALL REQUIRE, FOR SUCH
ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE
MARGIN RATES SHOWN BELOW:


MFR/PRODUCER CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

QINGDAO XINGHUA GROUP CO., LTD A-570-891-006 216.36
QINGDAO HUATIAN HAND TRUCK
CO.,LTD. A-570-891-005 74.88

QINGDAO TAIFA GROUP IMPORT & EXPORT
CO., LTD A-570-891-004 31.87

TRUE POTENTIAL COMPANY A -570-891-003 24.62

SHANDONG MACHINERY IMPORT &
EXPORT GROUP A-570-891-002 76.15

QINGDAO FUTURE TOOL, INC. A-570-891-001 76.15

PRC-WIDE RATE A-570-891-000 346.94

5. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF THE
CUSTOMS SERVICE, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-
ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC
IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED
ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD
VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS
THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR
COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-
ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145.
YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145
WITH RESPECT TO THESE BONDING REQUIREMENTS.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-0984 (GENERATED BY
G1O1:ART).

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA