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 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 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 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.
Excluded from the scope is a multifunction cart that combines, among others, the capabilities of a wheelbarrow and dolly. The product comprises a steel frame that can be converted from vertical to horizontal functionality, two wheels toward the lower end of the frame and two removable handles near the top. In addition to a foldable projection edge in its extended position, it includes a permanently attached steel tub or barrow. This product is currently available under proprietary trade names such as the “Aerocart."
Sources: 69 FR 70122 (December 2, 2004).
80 FR 18812 (April 8, 2015) - - the final excluded product listed below pertains to this latter FR notice
Note that HTSUS numbers are subject to change.
Dept of Commerce Scope Rulings (CBP instruction # and CBP instruction date, and brief description):
#9083204 (03/24/2009) central purchasing's accessory cart for breaker hammer (replaces #9079203, 03/20/2009)
#9079202 (03/20/2009) faultless starch/bon ami co. RuXXac and RuXXac Long hand trucks
#6066212 (03/07/2006) certain accessory carts for breaker hammers
#6167205 (06/16/2006) certain models of welding carts (see also #0127301, 05/07/2010, which indicates Depts ruling affirmed by court)
#6200212 (07/19/2006) certain black and decker workmate
#6355613 (12/21/2006) certain vertex deluxe garden cart (the Dept's Feb. 21, 2006 ruling replaced Feb. 15, 2005 original ruling)
#7165210 (06/14/2007) certain bond street stebco portable slide-flat carts
#7172202 (06/21/2007) certain ameristep deer carts
#8137201 (05/16/2008) certain welcom magna cart
#8246202 (08/13/2008) fiskars' allbarrow
#8288205 (10/14/2008) central purchasing's welding cart item number 65939
#8291204 (10/17/2008) total trolley's horizontal trolley
#8311207 (11/06/2008) yukon track folding sportsman's cart
#8319204 (11/14/2008) conair's "Ladderkart"
#8337201 (12/02/2008) reisenthel accessories' "Carrycruiser"
#8337206 (12/02/2008) american lawn mower company collect-it-garden waste remover
#0203301 (07/22/2010) Northern Tool & Equipment Co. high-axle torch cart item number 164771
#9008211 (01/08/2009): Eastman Outdoors Inc. deer cart
#9064201 (03/05/2009): Corporate Express Inc. luggage cart model number CEB 31210
#9064202 (03/05/2009): Corporate Express Inc. luggage cart model number CEB 31490
#1326303 (11/22/2011) : Safco "stowaway cart" and "stow and go cart" (corrects message #9345001 (12/11/2009)
#9156210 (06/05/2009): Samsonite Micro Mover Luggage Cart and American Tourister Swing Wheel Luggage Cart
#9160201 (06/09/2009): Samsonite Compact Luggage Cart
#9160202 (06/09/2009): Invacare HP5001 E-Cylinder Cart
#9160203 (06/09/2009): Invacare XPO120 Portable Oxygen Concentrator Cart
#9345002 (12/11/2009): Simon, Evers & Co. relius solutions aluminum fold away truck
#9345002 (12/11/2009): Simon, Evers & Co. relius tray shelf utility carts
#9345002 (12/11/2009): Simon, Evers & Co. solid platform dollies
#9345002 (12/11/2009): Simon, Evers & Co. economical steel carts
#9345002 (12/11/2009): Simon, Evers & Co. flush platform dollies
#0060306 (03/01/2010); repeated in #0105307 (04/15/2010): E & B Giftware's ML6275D Luggage Cart
#0103301 (04/13/2010): Packard Professional Distribution Foldable Hand Truck (Model FHT200)
#0113304 (04/23/2010): Pelray International LLC's Janitor Carts (Model D-011)
#0113304 (04/23/2010): Pelray International LLC's Large Dinner Trolley with bucket (Model D-012A)
#0113304 (04/23/2010): Pelray International LLC's Large Dinner Trolley without bucket (Model D-012)
#0113304 (04/23/2010): Pelray International LLC's Small Dinner Trolley with bucket (Model D-013A)
#0113304 (04/23/2010): Pelray International LLC's Small Dinner Trolley without bucket (Model D-013)
#0203301 (07/22/2010): Northern Tool & Equipment's "High Axle Torch Cart No. 164771"
#1259311 (09/16/2011): MC2 Magna Cart (final ruling)
#1259310 (09/16/2011): MCI Magna Cart (final ruling)
#1361301 (12/27/2011): LDL Imports "Dual Purpose Cart"
#3130303 (05/10/2013): MCK Magna Cart (amended final ruling); see also #3189303 (07/08/2013) and #3220306 (08/08/2013)
#3183304 (07/02/2013): ACE Hardware Corporation's "Ace Trading Luggage Cart"
#4066302 (03/07/2014): Harp Shoppe Trolley
#4106301 (04/16/2014): Honeywell Eyewash Cart
#4107307 (04/17/2014): Winntec Cart
#5103302 (04/13/2015): NPS Public Furniture Corp. Chair Dolly
#5121303 (05/01/2015): Bond Street Luggage Cart 390008
#6139307 (05/18/2016): Rittenhouse Pot Mover, Item Number PM100
#6147305 (05/26/2016): Apollo Plant Mover
In addition, as noted in 69 FR 60980, the Department has addressed certain requests in the following memoranda: "Scope Exclusion/Clarification Requests: Angelus Manufacturing; Custom Carts LLC; Illinois Tool Works, Inc.; Qingdao Huatian Hand Truck Co., Ltd; WelCom Products Inc.; and LL King Corporation" from Susan Kuhbach to Jeffrey May (September 3, 2004) and "Scope Exclusion/Clarification Requests: Alton Industries, Inc.; Safco Products Company; A. J. Wholesale Distributors, Inc.; and Wilmar Corporation" from Susan Kuhbach to Jeffrey May (October 6, 2004).
Scope Rulings Made Between April 1, 2015 and June 31, 2015
Requestor: National Public Seating (NPS); NPS’ Banquet Stack Chair Dolly is within the scope of the order because it possesses all the essential physical characteristics of subject hand trucks; April 6, 2015. |