Certain Tow Behind Lawn Groomers and Certain Parts Thereof From the People's Republic of China: Initiation of Antidumping Duty Investigation, 42315-42321 [E8-16625]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Notices]
[Pages 42315-42321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16625]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-939]


Certain Tow Behind Lawn Groomers and Certain Parts Thereof From 
the People's Republic of China: Initiation of Antidumping Duty 
Investigation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: July 21, 2008.

[[Page 42316]]


FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3936 or (202) 482-5831, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On June 24, 2008, the Department of Commerce (``the Department'') 
received a Petition concerning imports of certain non-motorized tow 
behind lawn groomers and certain parts thereof (``lawn groomers'') from 
the People's Republic of China (``PRC'') filed in proper form by Agri-
Fab Inc. (``Agri-Fab'', hereafter referred to as ``Petitioner''). See 
Petition for the Imposition of Antidumping Duties: Certain Tow Behind 
Lawn Groomers and Parts Thereof from the People's Republic of China, 
dated June 24, 2008 (``Petition''). On June 27, July 3, July 7, and 
July 8, 2008, the Department issued requests for additional information 
and clarification of certain areas of the Petition. Based on the 
Department's requests, Petitioner filed supplemental information on the 
following topics: general issues (i.e., scope, injury, and industry 
support) and U.S. price and normal value (``NV'') calculations on July 
1, 2008; U.S. price and NV calculations on July 8, 2008; and scope and 
certain revisions to NV calculations on July 9, 2008. In addition, 
Petitioner provided additional information regarding an adjustment to 
NV on July 9, 2008, and additional clarification of the scope of the 
Petition on July 10, 2008. See Memorandum from Mark Manning, Program 
Manager, to the File, ``Phone Conversation With Agri-Fab Concerning 
Line-Item in Normal Value Calculation,'' dated July 9, 2008; and 
Memorandum from Maisha Cryor, Senior International Trade Compliance 
Analyst, to the File, ``Request to Agri-Fab, Inc. via Telephone 
Conversation, July 10, 2008.'' Petitioner also provided additional 
information on industry support on July 10, 2008. See Memorandum from 
Meredith A.W. Rutherford to the File, Petitions for the Imposition of 
Antidumping and Countervailing Duties--Certain Tow Behind Lawn Groomers 
and Certain Parts Thereof from the People's Republic of China: Phone 
Call with Petitioner Regarding Industry Support, dated July 9, 2008. 
Lastly, Petitioner provided an additional clarification to the scope on 
July 11, 2008. See Memorandum from Maisha Cryor, Senior International 
Trade Compliance Analyst, to the File, ``Scope Clarification,'' dated 
July 11, 2008.
    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (``the Act''), Petitioner alleges that imports of lawn groomers 
from the PRC are being, or are likely to be, sold in the United States 
at less than fair value, within the meaning of section 731 of the Act, 
and that such imports are materially injuring, or threatening material 
injury to, an industry in the United States.
    The Department finds that Petitioner filed this Petition on behalf 
of the domestic industry because Petitioner is an interested party as 
defined in section 771(9)(C) of the Act, and has demonstrated 
sufficient industry support with respect to the antidumping duty 
investigation. See ``Determination of Industry Support for the 
Petition'' section, infra.

Period of Investigation

    The period of investigation (``POI'') is October 1, 2007, through 
March 31, 2008. See 19 CFR 351.204(b)(1).

Scope of Investigation

    The merchandise covered by this investigation is certain lawn 
groomers and certain parts thereof. See Appendix I to this notice for a 
complete description of the merchandise covered by this investigation.

Comments on Scope of Investigation

    During our review of the Petition, we discussed the scope with 
Petitioner to ensure that it is an accurate reflection of the products 
for which the domestic industry is seeking relief. Moreover, as 
discussed in the preamble to the regulations, we are setting aside a 
period for interested parties to raise issues regarding product 
coverage. See Antidumping Duties; Countervailing Duties; Final Rule, 62 
FR 27296, 27323 (May 19, 1997). The Department encourages all 
interested parties to submit such comments by August 4, 2008, which is 
21 calendar days from the date of signature of this notice.\1\ Comments 
should be addressed to Import Administration's APO/Dockets Unit, Room 
1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, 
NW., Washington, DC 20230. The period of scope consultations is 
intended to provide the Department with ample opportunity to consider 
all comments and to consult with parties prior to the issuance of the 
preliminary determination.
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    \1\ Twenty calendar days after the date of signature is Sunday, 
August 3, 2008.
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Comments on Product Characteristics for Antidumping Duty Questionnaire

    The Department is requesting comments from interested parties 
regarding the appropriate physical characteristics of lawn groomers to 
be reported in response to the Department's antidumping questionnaire. 
This information will be used to identify the key physical 
characteristics of the subject merchandise to allow respondents to 
accurately report the relevant factors of production, as well as 
develop appropriate product reporting criteria, in accordance with the 
Department's non-market economy (``NME'') methodology, as described in 
the ``Normal Value'' section, infra.
    Interested parties may provide any information or comments that 
they believe are relevant to the development of an accurate listing of 
physical characteristics. Specifically, interested parties may provide 
comments as to which characteristics are appropriate to use as: (1) 
General product characteristics; and (2) product reporting criteria. 
The Department notes that it is not always appropriate to use all 
product characteristics as product reporting criteria. While there may 
be some physical product characteristics that manufacturers use to 
describe lawn groomers, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics of lawn groomers.
    In order to consider the suggestions of interested parties in 
developing and issuing the antidumping duty questionnaire, the 
Department must receive public comments at the above-referenced address 
by August 4, 2008, and receive rebuttal comments by August 11, 2008.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total

[[Page 42317]]

production of the domestic like product, the Department shall: (i) Poll 
the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A), or 
(ii) determine industry support using a statistically valid sampling 
method.
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission 
(``ITC''), which is responsible for determining whether ``the domestic 
industry'' has been injured, must also determine what constitutes a 
domestic like product in order to define the industry. While both the 
Department and the ITC must apply the same statutory definition 
regarding the domestic like product (section 771(10) of the Act), they 
do so for different purposes and pursuant to a separate and distinct 
authority. In addition, the Department's determination is subject to 
limitations of time and information. Although this may result in 
different definitions of the like product, such differences do not 
render the decision of either agency contrary to law. See USEC, Inc. v. 
United States, 132 F. Supp. 2d 1, 8 (CIT 2001), citing Algoma Steel 
Corp. Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 
865 F.2d 240 (Fed. Cir. 1989), cert. denied 492 U.S. 919 (1989).
    Section 771(10) of the Act defines the ``domestic like product'' as 
``a product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this subtitle.'' Thus, the reference point from which the 
domestic like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, Petitioner does not offer 
a definition of domestic like product distinct from the scope of the 
investigation. Based on our analysis of the information submitted on 
the record, we have determined that certain tow behind lawn groomers 
and certain lawn groomer parts constitute a single domestic like 
product; and we have analyzed industry support in terms of that 
domestic like product. For a discussion of the domestic like product 
analysis in this case, see ``Antidumping Duty Investigation Initiation 
Checklist: Certain Tow Behind Lawn Groomers and Certain Parts Thereof 
from the People's Republic of China (``Initiation Checklist''), 
Analysis of Industry Support for the Petition at Attachment II, on file 
in the Central Records Unit (``CRU''), Room 1217 of the main Department 
of Commerce building.
    With regard to section 732(c)(4)(A) of the Act, in determining 
whether Petitioner has standing (i.e., the domestic workers and 
producer supporting the Petition account for (1) at least 25 percent of 
the total production of the domestic like product and (2) more than 50 
percent of the production of the domestic like product produced by that 
portion of the industry expressing support for, or opposition to, the 
Petition), we considered the industry support data contained in the 
Petition with reference to the domestic like product as defined in the 
``Scope of Investigation'' section, above. To establish industry 
support, Petitioner provided its sales volume of the domestic like 
product for calendar year 2007, and compared that to total sales volume 
of the domestic like product for the industry. Petitioner stated that 
it ``used sales volumes * * * as a surrogate for production, because it 
does not have access to the actual production data of other domestic 
{lawn groomer{time}  producers.'' See Petition, Volume 1, at 2. We have 
relied upon the data Petitioner provided for purposes of measuring 
industry support. For further discussion, see Initiation Checklist at 
Attachment II (Analysis of Industry Support for the Petition).
    The Department's review of the data provided in the Petition, 
supplemental submissions, and other information readily available to 
the Department indicates that Petitioner has established industry 
support. First, the Petition establishes support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, the Department is 
not required to take further action in order to evaluate industry 
support (e.g., polling). See section 732(c)(4)(D) of the Act and PRC 
Initiation Checklist at Attachment II (Analysis of Industry Support for 
the Petition). Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product. See Initiation Checklist at Attachment II 
(Analysis of Industry Support for the Petition). Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition. Accordingly, the Department determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act. See Initiation Checklist at Attachment II 
(Analysis of Industry Support for the Petition).
    The Department finds that Petitioner filed the Petition on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act and has demonstrated sufficient 
industry support with respect to the antidumping investigation that it 
is requesting the Department initiate. See PRC Initiation Checklist at 
Attachment II (Analysis of Industry Support for the Petition).

Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that the U.S. industry producing the domestic 
like product is being materially injured, or is threatened with 
material injury, by reason of the imports of the subject merchandise 
sold at less than NV. Petitioner contends that the industry's injured 
condition is illustrated by reduced market share, underselling and 
price depressing and suppressing effects, lost sales and revenue, 
reduced production and capacity utilization, reduced shipments, reduced 
employment, and an overall decline in financial performance. We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, and causation, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation. See 
Initiation Checklist at Attachment III (Analysis of Injury Allegations 
and Evidence of Material Injury and Causation).

Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which the Department based its decision to 
initiate this investigation of imports of lawn groomers from the PRC. 
The sources of data for the deductions and adjustments relating to the 
U.S. price, and the factors of production are also discussed in the 
initiation checklist. See Initiation Checklist. Should the need arise 
to use any of this information as facts available under

[[Page 42318]]

section 776 of the Act in our preliminary or final determination, we 
will reexamine the information and revise the margin calculations, if 
appropriate.

Export Price

    Petitioner relied on one U.S. price quote for lawn groomers 
manufactured in the PRC and offered for sale in the United States. The 
price quoted was for one type of lawn groomer, i.e., lawn sweeper, 
falling within the scope of the Petition. See Petition, Volume II, at 8 
and Exhibit II-1. Petitioner deducted foreign inland freight and 
foreign brokerage and handling from this price. See Petition, Volume 
II, at 7-8 and Exhibit II-2.

Normal Value

    Petitioner notes that the PRC is a non-market economy country 
(``NME'') and that no determination to the contrary has yet been made 
by the Department. See Petition, Volume II, at 2. The Department has 
previously examined the PRC's market status and determined that NME 
status should continue for the PRC. See Memorandum from the Office of 
Policy to David M. Spooner, Assistant Secretary for Import 
Administration, regarding The People's Republic of China Status as a 
Non-Market Economy, dated May 15, 2006 (available online at https://
ia.ita.doc.gov/download/prc-nme-status/prc-nme-status-memo.pdf). In 
addition, in recent investigations, the Department has continued to 
determine that the PRC is an NME country. See Final Determination of 
Sales at Less Than Fair Value and Partial Affirmative Determination of 
Critical Circumstances: Certain Polyester Staple Fiber From the 
People's Republic of China, 72 FR 19690 (April 19, 2007); Final 
Determination of Sales at Less Than Fair Value: Certain Activated 
Carbon from the People's Republic of China, 72 FR 9508 (March 2, 2007).
    In accordance with section 771(18)(C)(i) of the Act, the 
presumption of NME status remains in effect until revoked by the 
Department. The presumption of NME status for the PRC has not been 
revoked by the Department and, therefore, remains in effect for 
purposes of the initiation of this investigation. Accordingly, the NV 
of the product is appropriately based on factors of production valued 
in a surrogate market economy country, in accordance with section 
773(c) of the Act. In the course of this investigation, all parties 
will have the opportunity to provide relevant information related to 
the issues of the PRC's NME status and the granting of separate rates 
to individual exporters.
    Petitioner argues that India is the appropriate surrogate country 
for the PRC because it is at a comparable level of economic development 
and it is a significant producer of comparable merchandise, 
specifically hand trucks. See Petition, Volume II, at 3. Petitioner 
asserts that no potential surrogate countries manufacture lawn 
groomers. See Petition, Volume II, at 2. Based on the information 
provided by Petitioner, the Department believes that the use of India 
as a surrogate country is appropriate for purposes of initiation. 
However, after initiation of the investigation, interested parties will 
have the opportunity to submit comments regarding surrogate country 
selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an 
opportunity to submit publicly available information to value factors 
of production within 40 days after the date of publication of the 
preliminary determination.
    Petitioner calculated NV and a dumping margin for the U.S. price, 
discussed above, using the Department's NME methodology as required by 
19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. Petitioner calculated NV 
based on its own consumption rates for producing 42-inch lawn sweepers 
in 2007. See Petition, Volume II, at 5, and Initiation Checklist. 
Petitioner states that its production experience is representative of 
the production process used in the PRC because all of the material 
inputs and processing are unlikely to be materially different for a 
Chinese producer of lawn groomers. See Petition, Volume II, at 3-5.
    Petitioner valued the factors of production based on reasonably 
available, public surrogate country data, including official Indian 
government import statistics and sources recently used in other PRC 
proceedings conducted by the Department. Since Petitioner was unable to 
find input prices contemporaneous with the POI for electricity and gas, 
it adjusted for inflation using the wholesale price index for India, as 
published by the International Monetary Fund, International Financial 
Statistics. See July 8, 2008, supplemental to the Petition, at Exhibit 
3. In addition, Petitioner made currency conversions, where necessary, 
based on the POI-average rupee/U.S. dollar exchange rate, as reported 
on the Department's Web site. See Petition, Volume II, at Exhibit II-4. 
Petitioner calculated a labor cost for the PRC based upon its own 
experience. See Petition, Volume II, at 6. To value labor, Petitioner 
used a labor rate of $1.04 per hour, as published on the Department's 
Web site, in accordance with the Department's regulations. See 19 CFR 
351.408(c)(3) and the Initiation Checklist. For purposes of initiation, 
the Department determines that the surrogate values used by Petitioner 
are reasonably available and, thus, acceptable for purposes of 
initiation.
    Petitioner based factory overhead expenses, selling, general and 
administrative expenses, and profit, based on the experience of Rexello 
Castors Private Ltd. (``Rexello''), an Indian manufacturer of 
comparable merchandise, namely hand trucks. See Petition, Volume II, at 
7. For purposes of initiation, the Department finds Petitioner's use of 
Rexello's most recently available financial statement to calculate the 
surrogate financial ratios appropriate.

Fair Value Comparison

    Based on the data provided by Petitioner, there is reason to 
believe that imports of lawn groomers from the PRC are being, or are 
likely to be, sold in the United States at less than fair value. Based 
on comparisons of EP to NV, calculated in accordance with section 
773(c) of the Act, the revised estimated dumping margin for lawn 
groomers from the PRC is 154.72 percent. See Initiation Checklist at 
II-9.

Initiation of Antidumping Investigation

    Based upon the examination of the Petition on lawn groomers from 
the PRC, the Department finds that the Petition meets the requirements 
of section 732 of the Act. Therefore, we are initiating an antidumping 
duty investigation to determine whether imports of lawn groomers from 
the PRC are being, or are likely to be, sold in the United States at 
less than fair value. In accordance with section 733(b)(1)(A) of the 
Act, unless postponed, we will make our preliminary determination no 
later than 140 days after the date of this initiation.

Respondent Selection

    In this investigation, the Department will request quantity and 
value information from all known exporters and producers identified in 
the Petition. The quantity and value data received from NME exporters/
producers will be used as the basis to select the mandatory 
respondents.The Department requires that the respondents submit a 
response to both the quantity and value questionnaire and the separate-
rate application by the respective deadlines in order to receive 
consideration for separate-rate status. See Circular Welded Austenitic 
Stainless Pressure Pipe From the People's Republic of

[[Page 42319]]

China: Initiation of Antidumping Duty Investigation, 73 FR 10221, 10225 
(February 26, 2008); and Initiation of Antidumping Duty Investigation: 
Certain Artist Canvas From the People's Republic of China, 70 FR 21996, 
21999 (April 28, 2005). Appendix II of this notice contains the 
quantity and value questionnaire that must be submitted by all NME 
exporters/producers no later than August 4, 2008. In addition, the 
Department will post the quantity and value questionnaire along with 
filing instructions on the Import Administration Web site, at https://
ia.ita.doc.gov/ia-highlights-and-news.html. The Department will send 
the quantity and value questionnaire to those PRC companies identified 
in the July 8, 2008, supplement to the Petition, at Exhibit 2.

Separate Rates

    In order to obtain separate-rate status in NME investigations, 
exporters and producers must submit a separate-rate status application. 
See Policy Bulletin 05.1: Separate-Rates Practice and Application of 
Combination Rates in Antidumping Investigations involving Non-Market 
Economy Countries (April 5, 2005) (Separate Rates/Combination Rates 
Bulletin), available on the Department's Web site at https://
ia.ita.doc.gov/policy/bull05-1.pdf. The specific requirements for 
submitting the separate-rate application in this investigation are 
outlined in detail in the application itself, available on the 
Department's Web site at https://ia.ita.doc.gov/ia-highlights-and-
news.html on the date of publication of this initiation notice in the 
Federal Register. The separate-rate application will be due 60 days 
from the date of publication of this initiation notice in the Federal 
Register. As noted in the ``Respondent Selection'' section above, the 
Department requires that respondents submit a response to both the 
quantity and value questionnaire and the separate-rate application by 
the respective deadlines in order to receive consideration for 
separate-rate status.

Use of Combination Rates in an NME Investigation

    The Department will calculate combination rates for certain 
respondents that are eligible for a separate rate in this 
investigation. The Separate Rates/Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME investigations will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.

    See Separate Rates/Combination Rates Bulletin, at 6.

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition have been 
provided to the representatives of the Government of the PRC. We will 
attempt to provide a copy of the public version of the Petition to the 
foreign producers/exporters, consistent with 19 CFR 351.203(c)(2).

International Trade Commission Notification

    We have notified the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the International Trade Commission

    The ITC will preliminarily determine, no later than August 8, 2008, 
whether there is a reasonable indication that imports of lawn groomers 
from the PRC are materially injuring, or threatening material injury 
to, a U.S. industry. A negative ITC determination with respect to this 
investigation will result in the investigation being terminated; 
otherwise, this investigation will proceed according to statutory and 
regulatory time limits.
    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: July 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

Scope of the Investigations \2\--Lawn Groomers From the People's 
Republic of China
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    \2\ The scope is applicable to both the antidumping duty and 
countervailing duty investigations of lawn groomers from the 
People's Republic of China.
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    The scope of these investigations covers certain non-motorized 
tow behind lawn groomers (``lawn groomers''), manufactured from any 
material, and certain parts thereof. Lawn groomers are defined as 
lawn sweepers, aerators, dethatchers, and spreaders. Unless 
specifically excluded, lawn groomers that are designed to perform at 
least one of the functions listed above are included in the scope of 
these investigations, even if the lawn groomer is designed to 
perform additional non-subject functions (e.g., mowing).
    All lawn groomers are designed to incorporate a hitch, of any 
configuration, which allows the product to be towed behind a 
vehicle. Lawn groomers that are designed to incorporate both a hitch 
and a push handle, of any type, are also covered by the scope of 
these investigations. The hitch and handle may be permanently 
attached or removable, and they may be attached on opposite sides or 
on the same side of the lawn groomer. Lawn groomers designed to 
incorporate a hitch, but where the hitch is not attached to the lawn 
groomer, are also included in the scope of the investigations.
    Lawn sweepers consist of a frame, as well as a series of brushes 
attached to an axle or shaft which allows the brushing component to 
rotate. Lawn sweepers also include a container (which is a 
receptacle into which debris swept from the lawn or turf is 
deposited) supported by the frame. Aerators consist of a frame, as 
well as an aerating component that is attached to an axle or shaft 
which allows the aerating component to rotate. The aerating 
component is made up of a set of knives fixed to a plate (known as a 
``plug aerator''), a series of discs with protruding spikes (a 
``spike aerator''), or any other configuration, that are designed to 
create holes or cavities in a lawn or turf surface. Dethatchers 
consist of a frame, as well as a series of tines designed to remove 
material (e.g., dead grass or leaves) or other debris from the lawn 
or turf. The dethatcher tines are attached to and suspended from the 
frame. Lawn spreaders consist of a frame, as well as a hopper (i.e., 
a container of any size, shape, or material) that holds a media to 
be spread on the lawn or turf. The media can be distributed by means 
of a rotating spreader plate that broadcasts the media (``broadcast 
spreader''), a rotating agitator that allows the media to be 
released at a consistent rate (``drop spreader''), or any other 
configuration.
    Lawn dethatchers with a net fully-assembled weight (i.e., 
without packing, additional weights, or accessories) of 100 pounds 
or less are covered by the scope of the investigations. Other lawn 
groomers--sweepers, aerators, and spreaders--with a net fully-
assembled weight (i.e., without packing, additional weights, or 
accessories) of 200 pounds or less are covered by the scope of the 
investigations.
    Also included in the scope of the investigations are modular 
units, consisting of a chassis that is designed to incorporate a 
hitch, where the hitch may or may not be included, which allows 
modules that perform sweeping, aerating, dethatching, or spreading 
operations to be interchanged. Modular units--when imported with one 
or more lawn grooming modules--with a fully assembled net weight 
(i.e., without packing, additional weights, or accessories) of 200 
pounds or less when including a single module, are included in the 
scope of the

[[Page 42320]]

investigations. Modular unit chasses, imported without a lawn 
grooming module and with a fully assembled net weight (i.e., without 
packing, additional weights, or accessories) of 125 pounds or less, 
are also covered by the scope of the investigations. When imported 
separately, modules that are designed to perform subject lawn 
grooming functions (i.e., sweeping, aerating, dethatching, or 
spreading), with a fully assembled net weight (i.e., without 
packing, additional weights, or accessories) of 75 pounds or less, 
and that are imported with or without a hitch, are also covered by 
the scope.
    Lawn groomers, assembled or unassembled, are covered by these 
investigations. For purposes of these investigations, ``unassembled 
lawn groomers'' consist of either (1) all parts necessary to make a 
fully assembled lawn groomer, or (2) any combination of parts, 
constituting a less than complete, unassembled lawn groomer, with a 
minimum of two of the following ``major components'':
    (1) An assembled or unassembled brush housing designed to be 
used in a lawn sweeper, where a brush housing is defined as a 
component housing the brush assembly, and consisting of a wrapper 
which covers the brush assembly and two end plates attached to the 
wrapper;
    (2) A sweeper brush;
    (3) An aerator or dethatcher weight tray, or similar component 
designed to allow weights of any sort to be added to the unit;
    (4) A spreader hopper;
    (5) A rotating spreader plate or agitator, or other component 
designed for distributing media in a lawn spreader;
    (6) Dethatcher tines;
    (7) Aerator spikes, plugs, or other aerating component; or
    (8) A hitch.
    The major components or parts of lawn groomers that are 
individually covered by these investigations under the term 
``certain parts thereof'' are: (1) Brush housings, where the wrapper 
and end plates incorporating the brush assembly may be individual 
pieces or a single piece; and (2) weight trays, or similar 
components designed to allow weights of any sort to be added to a 
dethatcher or an aerator unit.
    The products for which relief is sought specifically exclude the 
following: (1) Agricultural implements designed to work (e.g., 
churn, burrow, till, etc.) soil, such as cultivators, harrows, and 
plows; (2) lawn or farm carts and wagons that do not groom lawns; 
(3) grooming products incorporating a motor or an engine for the 
purpose of operating and/or propelling the lawn groomer; (4) lawn 
groomers that are designed to be hand held or are designed to be 
attached directly to the frame of a vehicle, rather than towed; (5) 
``push'' lawn grooming products that incorporate a push handle 
rather than a hitch, and which are designed solely to be manually 
operated; (6) dethatchers with a net assembled weight (i.e., without 
packing, additional weights, or accessories) of more than 100 
pounds, or lawn groomers--sweepers, aerators, and spreaders--with a 
net fully-assembled weight (i.e., without packing, additional 
weights, or accessories) of more than 200 pounds; and (7) lawn 
rollers designed to flatten grass and turf, including lawn rollers 
which incorporate an aerator component (e.g., ``drum-style'' spike 
aerators).
    The lawn groomers that are the subject of these investigations 
are currently classifiable in the Harmonized Tariff Schedule of the 
United States (``HTSUS'') statistical reporting numbers 
8432.40.0000, 8432.80.0000, 8432.90.0030, 8432.90.0080, 
8479.89.9897, 8479.90.9496, and 9603.50.0000. These HTSUS provisions 
are given for reference and customs purposes only, and the 
description of merchandise is dispositive for determining the scope 
of the product included in these investigations.

Appendix II

    Where it is not practicable to examine all known producers/
exporters of subject merchandise, section 777A(c)(2) of the Tariff 
Act of 1930 (as amended) permits us to investigate (1) a sample of 
exporters, producers, or types of products that is statistically 
valid based on the information available at the time of selection, 
or (2) exporters and producers accounting for the largest volume and 
value of the subject merchandise that can reasonably be examined.
    In the charts below, please provide the total quantity (in 
pieces) and total value (in U.S. dollars) of all your sales of 
merchandise covered by the scope of this investigation (see Appendix 
I of this notice), produced in the PRC, and exported/shipped to the 
United States during the period October 1, 2007, through March 31, 
2008.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Dethatchers                    Sweepers                      Aerators                      Spreaders
                                 -----------------------------------------------------------------------------------------------------------------------
             Market                                     Total                         Total                         Total                         Total
                                    Total   Terms of    value     Total   Terms of    value     Total   Terms of    value     Total   Terms of    value
                                  quantity    sale      (USD)   quantity    sale      (USD)   quantity    sale      (USD)   quantity    sale      (USD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
          United States
1. Export Price Sales...........
2. a. Exporter name.............
b. Address......................
c. Contact......................
d. Phone No.....................
e. Fax No.......................
3. Constructed Export Price
 Sales..........................
4. Further Manufactured Sales...
    Total Sales.................
--------------------------------------------------------------------------------------------------------------------------------------------------------


                         Total Quantity and Value of All Lawn Groomers and Parts Thereof
----------------------------------------------------------------------------------------------------------------
                                                             Total quantity                        Total value
                          Market                                (pieces)       Terms  of sale    (U.S. dollars)
----------------------------------------------------------------------------------------------------------------
                       United States
1. Export Price Sales.....................................  ................
2. a. Exporter name.......................................  ................
b. Address................................................  ................
c. Contact................................................  ................
d. Phone No...............................................  ................
e. Fax No.................................................  ................
3. Constructed Export Price Sales.........................  ................
4. Further Manufactured Sales.............................  ................
    Total Sales...........................................  ................
----------------------------------------------------------------------------------------------------------------


[[Page 42321]]

Total Quantity

    Please report quantity on a piece basis.

Terms of Sales

    Please report all sales on the same terms, such as ``free on 
board'' at port of export.

Total Value

    All sales values should be reported in U.S. dollars. Please 
provide any exchange rates used and their respective dates and 
sources.

Export Price Sales

    Generally, a U.S. sale is classified as an export price sale 
when the first sale to an unaffiliated customer occurs before 
importation into the United States.
    Please include any sales exported by your company directly to 
the United States.
    Please include any sales exported by your company to a third-
country market economy reseller where you had knowledge that the 
merchandise was destined to be resold to the United States.
    If you are a producer of subject merchandise, please include any 
sales manufactured by your company that were subsequently exported 
by an affiliated exporter to the United States.
    Please do not include any sales of merchandise manufactured in 
Hong Kong in your figures.

Constructed Export Price Sales

    Generally, a U.S. sale is classified as a constructed export 
price sale when the first sale to an unaffiliated customer occurs 
after importation. However, if the first sale to the unaffiliated 
customer is made by a person in the United States affiliated with 
the foreign exporter, constructed export price applies even if the 
sale occurs prior to importation.
    Please include any sales exported by your company directly to 
the United States.
    Please include any sales exported by your company to a third-
country market economy reseller where you had knowledge that the 
merchandise was destined to be resold to the United States.
    If you are a producer of subject merchandise, please include any 
sales manufactured by your company that were subsequently exported 
by an affiliated exporter to the United States.
    Please do not include any sales of merchandise manufactured in 
Hong Kong in your figures.

Further Manufactured Sales

    Further manufacture or assembly (including re-packing) sales 
(``further manufactured sales'') refers to merchandise that 
undergoes further manufacture or assembly in the United States 
before being sold to the first unaffiliated customer.
    Further manufacture or assembly costs include amounts incurred 
for direct materials, labor and overhead, plus amounts for general 
and administrative expense, interest expense, and additional packing 
expense incurred in the country of further manufacture, as well as 
all costs involved in moving the product from the U.S. port of entry 
to the further manufacturer.

[FR Doc. E8-16625 Filed 7-18-08; 8:45 am]
BILLING CODE 3510-DS-P