China Hand Trucks: Commerce Says Frame Must be Near 90 Degrees for AD Duty Scope
Vertical means 90 degrees from horizontal, said the Commerce Department as it ruled an importer’s trolley is not subject to antidumping duties on hand trucks from China (A-570-891). The Harp Shoppe argued that its harp trolley is not within the scope of the AD duty order because the frame that serves as its handle sits at an angle of 120 degrees from perpendicular. Commerce agreed, finding the scope’s requirement of a vertical frame implies a 90 degree angle between the frame and the ground.
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Harp Shoppe said its imported Chinese harp trolleys are used by professional harpists to transport their harps. The trolleys are built to fit the configuration of a harp, and are not suitable for moving boxes as are hand trucks.
The scope references four physical characteristics of hand trucks: (1) a vertical frame; (2) a handling area; (3) a horizontal projecting edge or toe plate; and (4) two or more wheels. Harp Shoppe said its harp trolley doesn’t have a vertical frame because the frame sits at 120 (instead of 90) degrees from the ground. It cited dictionary definitions that define “vertical” as “being in a position perpendicular to the plane of horizon.” Domestic hand truck companies countered that it is unreasonable to use a hard and fast 90 degree rule to determine what is included under the scope of the AD duty order.
Commerce found that a 90 degree angle isn’t necessarily required to be included under the scope, but it plays a part in the decision. “We conclude that a 90 degree angle is neither a requirement of nor a constraint on the meaning of ‘vertical frame’ as used in the scope, given that the scope also provides that the frame may be ‘vertically disposed,’” said Commerce. “Nevertheless, the multiple references to ‘vertical’ and ‘vertically disposed’ in the scope language cannot be interpreted so broadly as to render the terms meaningless,” it said. Commerce ruled that Harp Shoppe’s trolley is too far off 90 degrees to be considered vertical, and can’t even be converted to vertical when standing or in operation, so it is not included under the scope.
Email ITTNews@warren-news.com for a copy of this scope ruling.