Mobile Utility Fans Outside Scope of Chinese Handcart AD Order, Commerce Finds

A mobile utility fan imported by HKC is not subject to antidumping duties on hand trucks from China (A-570-891), according to a scope ruling issued by the Commerce Department in April. Commerce found that although the mobile fan matched several characteristics of the hand trucks, it lacked a horizontal projecting edge or toe plate that could slide under loads for lifting or moving.

The ruling concerns a portable fan on industrial wheels. It has a vertical steel frame with a handle at the top of the frame and two wheels at the bottom. The frame includes the fan, an LED light, an electrical outlet strip, a plastic tool storage and organization tray, and a fold-down tray for transporting bags and tool boxes. The tray is made of 1-inch thick round bars that fold down to form a platform 3 inches off the ground. HKC said that Commerce has consistently found that products without a horizontal projecting edge or toe plate able to slide under a load for lifting or moving were outside the scope of the order.

The plain language of the 2004 order covers hand trucks and specifically identifies four distinguishing physical characteristics. Covered merchandise must contain a vertically disposed frame, one or more handles at or near the upper section of the frame, at least two wheels at or near the frame's base and a horizontal projecting edge or toe plate. Commerce found that although the mobile utility fan met the first three characteristics, its foldable tray is suitable for carrying only lightweight items.