[Federal Register: June 8, 2004 (Volume 69, Number 110)]
[Page 32042-32044]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigation No. 731-TA-1059 (Final)]

Hand Trucks From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.


SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1059 (Final) under 
section 735(b) of the Act (19 U.S.C. 1673d(b)) to determine whether an 
industry in the United States is materially injured or threatened with 
material injury, or the establishment of an industry in the United 
States is materially retarded, by reason of less-than-fair-value 
imports from China of hand trucks, provided for in subheadings 
8716.80.50 and

[[Page 32043]]

8716.90.50 of the Harmonized Tariff Schedule of the United States.\1\
    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as ``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 Department of Commerce excluded 
from its definition of subject merchandise the following items: 
``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.''

EFFECTIVE DATE: May 24, 2004.

FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for this 

investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

    Background.--The final phase of this investigation is being 
scheduled as a result of an affirmative preliminary determination by 
the Department of Commerce that hand trucks from China are being sold 
in the United States at less than fair value within the meaning of 
section 733 of the Act (19 U.S.C. Sec.  1673b). The investigation was 
requested in a petition filed on November 13, 2003, by Gleason 
Industrial Products, Inc., Los Angeles, CA. On December 1, 2003, 
Gleason filed an amendment to the petition to include Precision 
Products Inc., Lincoln, IL, as a co-petitioner.
    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on September 
23, 2004, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on October 7, 
2004, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before September 30, 2004. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on October 5, 2004, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is September 30, 2004. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is October 15, 2004; witness testimony must be filed no later 
than three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigation may submit a 
written statement of information pertinent to the subject of the 
investigation on or before October 15, 2004. On November 3, 2004, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before November 5, 2004, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means, 
except to the extent permitted by section 201.8 of the Commission's 
rules, as amended, 67 FR 68036 (November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

[[Page 32044]]

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    Issued: June 3, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-12923 Filed 6-7-04; 8:45 am]