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Commission Regulation (EC) No 52/2009 of 21 January 2009 initiating a ‘new exporter’ review of Council Regulation (EC) No 1174/2005 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
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A review of Regulation (EC) No 1174/2005 is hereby initiated pursuant to Article 11(4) of Regulation (EC) No 384/96 in order to determine if and to what extent the imports of hand pallet trucks and their essential parts falling within CN codes ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427 90 00 11, 8427 90 00 19, 8431 20 00 11 and 8431 20 00 19) originating in the People’s Republic of China, produced and sold for export to the Community by Crown Equipment (Suzhou) Co. Ltd (TARIC additional code A929) should be subject to the anti-dumping duty imposed by Regulation (EC) No 1174/2005. For the purpose of this Regulation, hand pallet trucks shall be trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (high lifters), (ii) to stack one pallet above the other (stackers), (iii) to lift the load to a working level (scissor lifts) or (iv) to lift and to weigh the loads (weighing trucks).
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