MESSAGE NO: 4342207 DATE: 12 07 2004
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 891 - -
- - - -
- - - -

PERIOD COVERED: 12 01 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF ANTIDUMPING DUTY ORDER IN THE ANTIDUMPING
DUTY INVESTIGATION OF HAND TRUCKS AND CERTAIN PARTS
THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-891)


1. ON DECEMBER 1, 2004, THE INTERNATIONAL TRADE COMMISSION
PUBLISHED IN THE FEDERAL REGISTER ITS AFFIRMATIVE FINAL
DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF HAND
TRUCKS AND CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF
CHINA (A-570-891). ON DECEMBER 2, 2004, THE DEPARTMENT OF
COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS ANTIDUMPING DUTY
ORDER IN THE ANTIDUMPING DUTY INVESTIGATION OF HAND TRUCKS AND
CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA
(A-570-891).

2. 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. THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE
COMMERCE DEPARTMENT THAT IMPORTS OF HAND TRUCKS AND CERTAIN PARTS
THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA THREATEN MATERIAL
INJURY TO THE U.S. INDUSTRY. THE ITC DID NOT DETERMINE, BUT FOR
THE SUSPENSION OF LIQUIDATION OF ENTRIES OF HAND TRUCKS AND
CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA, THE
DOMESTIC INDUSTRY WOULD HAVE BEEN MATERIALLY INJURED. THEREFORE,

CUSTOMS AND BORDER PROTECTION SHALL TERMINATE SUSPENSION AND
REFUND ANY CASH DEPOSIT AND RELEASE ANY BOND OR OTHER SECURITY OF
HAND TRUCKS AND CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC
OF CHINA FOR SHIPMENTS, ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION PRIOR TO DECEMBER 1, 2004, THE DATE OF PUBLICATION OF
THE ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER. INTEREST
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY.

CUSTOMS AND BORDER PROTECTION SHALL SUSPEND LIQUIDATION FOR HAND
TRUCKS AND CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF
CHINA WITH RESPECT TO SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER DECEMBER 1, 2004, THE DATE
OF PUBLICATION OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL
REGISTER. EFFECTIVE DECEMBER 1, 2004, FOR SUCH ENTRIES CBP SHALL
REQUIRE A CASH DEPOSIT EQUAL TO THE MARGINS BELOW.


MFR/PRODUCER
EXPORTER CUSTOMS ID NUMBER MARGIN
PERCENTAGE RATE
PRC-WIDE RATE A-570-891-000 383.60
QINGDAO FUTURE TOOL, INC. A-570-891-001 32.76
SHANDONG MACHINERY IMPORT &
EXPORT GROUP A-570-891-002 32.76
TRUE POTENTIAL COMPANY A-570-891-003 33.68
QINGDAO TAIFA GROUP IMPORT & EXPORT CO., LTD
A-570-891-00 426.49
QINGDAO HUATIAN HAND TRUCK
CO.,LTD. A-570-891-005 46.48
QINGDAO XINGHUA GROUP CO., LTD A-570-891-006 383.60

4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY (GENERATED BY O1:ART).

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

CATHY SAUCEDA