Certain Tow-Behind Lawn Groomers and Certain Parts Thereof From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 29180-29183 [E9-14471]
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29180
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
comment the following document
identifier: File No. 1032–1917–01.
DEPARTMENT OF COMMERCE
Kate
Swails or Tammy Adams, (301) 713–
2289.
[C–570–940]
FOR FURTHER INFORMATION CONTACT:
The
subject amendment to Permit No. 1032–
1917 is requested under the authority of
the Marine Mammal Protection Act of
1972, as amended (16 U.S.C. 1361 et
seq.), and the regulations governing the
taking and importing of marine
mammals (50 CFR part 216).
Permit No. 1032–1917, issued on
September 4, 2007 (72 FR 51621),
authorizes the permit holder to continue
long-term studies of the Weddell seal
(Leptonychotes weddellii) population in
the Erebus Bay, McMurdo Sound, Ross
Sea, and White Island areas of
Antarctica. Up to 325 adults and 800
pups may be captured annually.
Animals may be weighed, tissued
sampled, flipper tagged, and released.
Annually up to 2000 Weddell, 50
crabeater (Lobodon carcinophagus), and
50 leopard (Hydrurga leptonyx) seals
may be incidentally disturbed as a result
of the research activities. The permit
authorizes up to 4 (2 adults and 2 pups)
Weddell seal research-related
mortalities annually. The permit holder
is requesting the permit be amended to
include authorization for use of a small
temperature logging tag on pups. The
additional tag would be used to measure
the amount of time pups spend in the
water. This information would be used
as part of the mass dynamics studies.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
mstockstill on PROD1PC66 with NOTICES
SUPPLEMENTARY INFORMATION:
Dated: June 16, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–14476 Filed 6–18–09; 8:45 am]
BILLING CODE 3510–22–S
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International Trade Administration
Certain Tow-Behind Lawn Groomers
and Certain Parts Thereof From the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) has determined that
countervailable subsidies are being
provided to producers and exporters of
certain tow-behind lawn groomers (lawn
groomers) and certain parts thereof from
the People’s Republic of China (PRC).
For information on the estimated
countervailing duty rates, please see the
‘‘Suspension of Liquidation’’ section,
below.
EFFECTIVE DATE:
June 19, 2009.
FOR FURTHER INFORMATION CONTACT:
Gene Calvert or Jun Jack Zhao, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3586 and (202)
482–1396, respectively.
SUPPLEMENTARY INFORMATION:
Period of Investigation
The period for which we are
measuring subsidies, i.e., the period of
investigation (POI), is January 1, 2007
through December 31, 2007.
Case History
The following events have occurred
since the announcement of the
preliminary determination, which was
published in the Federal Register on
November 24, 2008. See Certain TowBehind Lawn Groomers and Certain
Parts Thereof from the People’s
Republic of China: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Countervailing Duty Determination with
Final Antidumping Duty Determination,
73 FR 70971 (November 24, 2008)
(Preliminary Determination).
The Department issued several
supplemental questionnaires to the
Government of the People’s Republic of
China (GOC), Princeway Furniture
(Dong Guan) Co., Ltd. and Princeway
Limited (collectively, Princeway) and
Jiashan Superpower Tools Co., Ltd.
(Superpower). The Department received
responses to these questionnaires in
November and December 2008. Public
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versions of the questionnaires and
responses, as well as the various
memoranda cited below, are available at
the Department’s Central Records Unit
(Room 1117 in the HCHB Building)
(hereafter referred to as ‘‘CRU’’).
From January 5 through January 21,
2009, we conducted verification of the
questionnaire responses submitted by
the GOC, Superpower and Princeway.
We issued verification reports on
February 27, 2009. See Verification of
the Questionnaire Responses Submitted
by the Government of the People’s
Republic of China (GOC), Verification of
the Questionnaire Responses Submitted
by Princeway Furniture (Dong Guan)
Co., Ltd. & Princeway Limited, and
Verification of the Questionnaire
Responses Submitted by Jiashan
Superpower Tools Co., Ltd.
On May 13, 2009, we issued our postpreliminary determination regarding the
‘‘Provision of Hot-Rolled Steel at Less
Than Adequate Remuneration,’’ ‘‘Export
Incentive Payments Characterized as
VAT Rebates,’’ ‘‘Patent Subsidy
Authorized by the Administration Rule
for Patent Specific Fund of Jiashan
County, SHAN KE [2006] No. 58,’’
‘‘Foreign Trade Assistance Subsidy
(Exhibition Attendance Incentive Policy
of Jiashan County: Article II.24 of SZF
132),’’ and ‘‘Amortization of Startup
Costs Under Article 49 of the FIE Tax
Regulations.’’ See Memorandum to
Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration,
‘‘Countervailing Duty Investigation of
Certain Tow-Behind Lawn Groomers
and Certain Parts Thereof from the
People’s Republic of China’’ (May 13,
2009).
We received a case brief from the GOC
on May 20, 2009. Agri-Fab, Inc.
(Petitioner) and respondent companies
did not submit case briefs or rebuttal
briefs. On December 23, 2008, the GOC
submitted a timely request for a hearing
pursuant to 19 CFR 351.310(c). On May
27, 2009, the GOC withdrew its request
for a hearing.
Scope of the Investigation
The scope of this investigation covers
certain non-motorized tow behind 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 this
investigation, even if the lawn groomer
is designed to perform additional nonsubject functions (e.g., mowing).
All lawn groomers are designed to
incorporate a hitch, of any
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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
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 this investigation. 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
investigation.
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 investigation. 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
investigation.
Also included in the scope of the
investigation 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
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16:25 Jun 18, 2009
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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 investigation.
Modular unit chassis, 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
investigation. 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 this
investigation. For purposes of this
investigation, ‘‘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, defined as a complete hitch
assembly comprising of at least the
following two major hitch
components, tubing and a hitch
plate regardless of the absence of
minor components such as pin or
fasteners. Individual hitch
component parts, such as tubing,
hitch plates, pins or fasteners are
not covered by the scope.
The major components or parts of
lawn groomers that are individually
covered by this investigation under the
term ‘‘certain parts thereof’’ are: (1)
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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 this investigation are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) statistical reporting numbers
8432.40.0000, 8432.80.0000,
8432.80.0010, 8432.90.0030,
8432.90.0080, 8479.89.9896,
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 this investigation.
Scope Comments
On December 30, 2008, and on
January 7, 2009, Brinly–Hardy Company
(Brinly–Hardy), a domestic producer of
the merchandise under consideration,
submitted comments on the scope of the
investigation. Specifically, Brinly–
Hardy requested that the scope be
revised to define one of the eight listed
‘‘major components,’’ specifically a
hitch, as a complete hitch assembly,
with all necessary components. Brinly–
Hardy requested that individual
components such as tubing, hitch plates
or pins, not be covered by the scope.
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On January 12, 2009, Petitioner
submitted comments in response to
Brinly–Hardy’s request. Petitioner
agreed that a hitch should be defined,
but stated that a hitch should be defined
as consisting of its own major
components, i.e., tubing and a hitch
plate, rather than all necessary
components. Petitioner stated that the
absence of minor components such as a
hitch pin or fasteners is not intended to
remove a hitch assembly from the
definition of a hitch.
We have received no further
comments on the scope of the
investigation. Thus, we are making a
final determination that hitches are
defined as a complete hitch assembly
comprising of at least the following two
major hitch components, tubing and a
hitch plate regardless of the absence of
minor components such as pin or
fasteners. The revised scope language is
included in the ‘‘Scope of the
Investigation’’ section, above. See also
Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration, ‘‘Issues and Decision
Memorandum for the Final
Determination in the Countervailing
Duty Investigation of Certain TowBehind Lawn Groomers and Certain
Parts Thereof from the People’s
Republic of China’’ (June 12, 2009)
(hereafter referred to as the ‘‘Decision
Memorandum’’), which is hereby
adopted by this notice, at Comment 12.
Injury Test
Because the PRC is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Tariff
Act of 1930, as amended (the Act), the
International Trade Commission (ITC) is
required to determine pursuant to
section 701(a)(2) of the Act whether
imports of the subject merchandise from
the PRC materially injure, or threaten
material injury to, a United States
industry. On August 21, 2008, the ITC
published its preliminary determination
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of allegedly
subsidized imports from the PRC of
subject merchandise. See Certain TowBehind Lawn Groomers and Parts
Thereof From China Determinations, 73
FR 49489 (August 21, 2008); and Certain
Tow-Behind Lawn Groomers and Parts
Thereof from China (Preliminary),
USITC Pub. 4028, Inv. Nos. 701–TA–
457 and 731–TA–1153 (August 2008).
Analysis of Comments Received
All issues raised in the case brief
submitted by the GOC are addressed in
the Decision Memorandum. Attached to
this notice as an Appendix is a list of
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17:28 Jun 18, 2009
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the issues that parties have raised and
to which we have responded in the
Decision Memorandum. Parties can find
this public memorandum in the
Department’s CRU. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the internet at https://ia.ita.doc.gov/
frn/. The paper copy and electronic
version of the Decision Memorandum
are identical in content.
Use of Adverse Facts Available
For purposes of this final
determination, we have continued to
rely on facts available and have again
used adverse inferences in accordance
with sections 776(a) and (b) of the Act
to determine the countervailable
subsidy rates for the following five
companies that provided no response to
the Department’s ‘‘quantity and value’’
questionnaire issued during the
respondent selection process: Qingdao
Hundai Tools Co., Ltd., Qingdao Taifa
Group Co., Ltd., Maxchief Investments
Ltd., Qingdao EA Huabang Instrument
Co., Ltd., and World Factory Inc.
(collectively, non-h;cooperative
companies). A full discussion of our
decision to apply adverse facts available
(AFA) is presented in the Decision
Memorandum in the section ‘‘Use of
Facts Otherwise Available and Adverse
Facts Available.’’ On this basis, we
determine that the AFA countervailable
subsidy rate for the five non–
cooperating companies is 264.98
percent ad valorem.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we have
calculated an individual rate for the
companies under investigation,
Superpower and Princeway. Section
705(c)(5)(A)(i) of the Act states that for
companies not investigated, we will
determine an all others rate equal to the
weighted average countervailable
subsidy rates established for exporters
and producers individually
investigated, excluding any zero and de
minimis countervailable subsidy rates,
and any rates determined entirely under
section 776 of the Act. As Princeway’s
rate was de minimis, it is not included
in the all others rate.
Exporter/Manufacturer
Princeway Furniture
(Dong Guan) Co.,
Ltd. and Princeway
Limited .......................
Jiashan Superpower
Tools Co., Ltd ...........
Maxchief Investments
Ltd .............................
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Exporter/Manufacturer
Qingdao EA Huabang
Instrument Co., Ltd ...
Qingdao Hundai Tools
Co., Ltd .....................
Qingdao Taifa Group
Co., Ltd .....................
World Factory, Inc ........
All Others ......................
Net Subsidy Rate
264.98%
264.98%
264.98%
264.98%
13.30%
In accordance with section 703(d) of
the Act, we instructed U.S. Customs and
Border Protection to discontinue the
suspension of liquidation for
countervailing duty purposes for subject
merchandise entered on or after March
24, 2009, but to continue the suspension
of liquidation of entries made from
November 24, 2008 through March 23,
2009.
We will issue a countervailing duty
order and reinstate the suspension of
liquidation under section 706(a) of the
Act if the ITC issues a final affirmative
injury determination, and will require a
cash deposit of estimated countervailing
duties for such entries of merchandise
in the amounts indicated above, except
for Princeway, which has a de minimis
rate and will be excluded from an order.
This exclusion will apply only to
subject merchandise both produced and
exported by Princeway. If the ITC
determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated and
all estimated duties deposited or
securities posted as a result of the
suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an Administrative Protective
Order (APO), without the written
consent of the Assistant Secretary for
Import Administration.
Return or Destruction of Proprietary
Information
Net Subsidy Rate
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
0.56% (de minimis)
destruction of proprietary information
13.30% disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
264.98% written notification of the return/
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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
Dated: June 12, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
List of Comments and Issues in the
Decision Memorandum
Comment 1: Application of CVD Law to
a Country that the Department Treats as
an NME in a Parallel AD Investigation
Comment 2: Double Counting/
Overlapping Remedies
Comment 3: Cut–off Date for
Countervailing Subsidies
Comment 4: Discount Rate Used for
Benefit Calculations
Comment 5: Public Authority Status of
Hot–Rolled Steel Producer
Comment 6: Preferential Tax Policies for
Enterprises with Foreign Investment
(Two Free, Three Half Program)
Comment 7: Refund of Enterprise
Income Taxes on FIE Profits Reinvested
in an Export Oriented Enterprise
Comment 8: Import Tariff and VAT
Exemptions for Encouraged Industries
Importing Equipment for Domestic
Operations
Comment 9: Export Incentive Payments
Characterized as ‘‘VAT Rebates’’
Comment 10: Amortization of Startup
Costs in the PRC Tax Law
Comment 11: Calculation of the All
Others Rate
Comment 12: Whether to Clarify the
Scope Language for Hitches
[FR Doc. E9–14471 Filed 6–18–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
The Manufacturing Council: Meeting
mstockstill on PROD1PC66 with NOTICES
AGENCY: International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
SUMMARY: The Manufacturing Council
will hold an introductory meeting with
the Secretary of Commerce to discuss
topics related to the U.S. manufacturing
sector.
DATES: June 23, 2009.
Time: TBD.
Location: TBD.
FOR FURTHER INFORMATION CONTACT: J.
Marc Chittum, The Manufacturing
Jkt 217001
Gaithersburg, Maryland 20899. Please
note registration and admittance
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
Dated: June 15, 2009.
J. Marc Chittum,
Executive Secretary, The Manufacturing
Council.
[FR Doc. E9–14392 Filed 6–18–09; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Tanya Brewer, T: (301) 975–4534, E:
tbrewer@nist.gov.
The National Institute of Standards
and Technology (NIST), in cooperation
with the Australian Federal Government
agency, Centrelink, will hold a public
workshop on July 13–15, 2009, at the
NIST Gaithersburg campus. The
workshop is open to the public but
requires registration. The goal of the 3day workshop is to explore potential
commercial implementations of the
Protocol for Lightweight Authentication
of Identity (PLAID) and the potential
usefulness of this protocol to U.S.
Federal agencies.
PLAID public resources are available
from the following site: https://
www.govdex.gov.au. The principle of
the workshop is that each attending
vendor has two days, with the
assistance of Centrelink, to ‘‘port’’
existing source code, or develop new
code for their device or card. All the
information vendors need will be
available to them ahead of the workshop
on the www.govdex.gov.au site. Vendors
may obtain as much or as little
assistance as they please from other
vendors in the workshop. (Card vendors
might, for instance, assist device
vendors.)
On the third day, end-users are
invited to view the efforts of all of the
vendors. Each vendor will use their
space to demonstrate their PLAID
implementation to attendees. Attendees
are invited to interact with the vendors
and discuss their PLAID
implementation.
This workshop is open to the public,
but all attendees, vendors and others,
must pre-register in advance. All
visitors to the NIST campus are required
to register in advance. No late or sameday registrations will be accepted for
this reason. All attendees must present
a government-issued ID when gaining
access to the campus. There is no
registration fee. Please submit your
name, time of arrival, e-mail address
and phone number to Tanya Brewer or
Annie Sokol, and one of them will
provide you with further logistics
information. Non-U.S. citizens must
also submit their country of citizenship,
title, employer/sponsor, and address.
The registration deadline is July 7, 2009.
Tanya Brewer’s e-mail address is
DEPARTMENT OF COMMERCE
APPENDIX
17:28 Jun 18, 2009
Council, Room 4043, 1401 Constitution
Avenue, NW., Washington, DC 20230;
telephone: 202–482–4501; and e-mail:
Marc.Chittum@mail.doc.gov.
BILLING CODE 3510–DR–P
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This determination is published
pursuant to sections 705(d) and 777(i) of
the Act.
VerDate Nov<24>2008
29183
National Institute of Standards and
Technology
Announcing a Workshop on the
Protocol for Lightweight
Authentication of Identity (PLAID)
AGENCY: National Institute of Standards
and Technology, Commerce.
ACTION: Notice of public workshop.
SUMMARY: The National Institute of
Standards and Technology (NIST), in
cooperation with the Australian Federal
Government agency, Centrelink, will
hold a public workshop on July 13–15,
2009, at the NIST Gaithersburg campus.
The workshop is open to the public but
requires registration. The goal of the 3day workshop is to explore potential
commercial implementations of the
Protocol for Lightweight Authentication
of Identity (PLAID) and the potential
usefulness of this protocol to U.S.
Federal agencies.
PLAID public resources are available
from the following site: https://
www.govdex.gov.au.
The principle of the workshop is that
each attending vendor has two days,
with the assistance of Centrelink, to
‘‘port’’ existing source code, or develop
new code for their device or card. All
the information vendors need will be
available to them ahead of the workshop
on the https://www.govdex.gov.au site.
Vendors may obtain as much or as little
assistance as they please from other
vendors in the workshop. (Card vendors
might, for instance, assist device
vendors.)
On the third day, end-users are
invited to view the efforts of all of the
vendors. Each vendor will use their
space to demonstrate their PLAID
implementation to attendees. Attendees
are invited to interact with the vendors
and discuss their PLAID
implementation.
DATES: The workshop will be held on
July 13–15, 2009, 9 a.m. till 5 p.m.
ADDRESSES: The workshop will be held
in the Employees’ Lounge and the
Poster Hallway in the Administration
Building on the NIST Gaithersburg
campus, 100 Bureau Drive,
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
E:\FR\FM\19JNN1.SGM
19JNN1
]]>Agencies
[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Pages 29180-29183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14471]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-940]
Certain Tow-Behind Lawn Groomers and Certain Parts Thereof From
the People's Republic of China: Final Affirmative Countervailing Duty
Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) has determined that
countervailable subsidies are being provided to producers and exporters
of certain tow-behind lawn groomers (lawn groomers) and certain parts
thereof from the People's Republic of China (PRC). For information on
the estimated countervailing duty rates, please see the ``Suspension of
Liquidation'' section, below.
EFFECTIVE DATE: June 19, 2009.
FOR FURTHER INFORMATION CONTACT: Gene Calvert or Jun Jack Zhao, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3586 and (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Period of Investigation
The period for which we are measuring subsidies, i.e., the period
of investigation (POI), is January 1, 2007 through December 31, 2007.
Case History
The following events have occurred since the announcement of the
preliminary determination, which was published in the Federal Register
on November 24, 2008. See Certain Tow-Behind Lawn Groomers and Certain
Parts Thereof from the People's Republic of China: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Countervailing Duty Determination with Final Antidumping Duty
Determination, 73 FR 70971 (November 24, 2008) (Preliminary
Determination).
The Department issued several supplemental questionnaires to the
Government of the People's Republic of China (GOC), Princeway Furniture
(Dong Guan) Co., Ltd. and Princeway Limited (collectively, Princeway)
and Jiashan Superpower Tools Co., Ltd. (Superpower). The Department
received responses to these questionnaires in November and December
2008. Public versions of the questionnaires and responses, as well as
the various memoranda cited below, are available at the Department's
Central Records Unit (Room 1117 in the HCHB Building) (hereafter
referred to as ``CRU'').
From January 5 through January 21, 2009, we conducted verification
of the questionnaire responses submitted by the GOC, Superpower and
Princeway. We issued verification reports on February 27, 2009. See
Verification of the Questionnaire Responses Submitted by the Government
of the People's Republic of China (GOC), Verification of the
Questionnaire Responses Submitted by Princeway Furniture (Dong Guan)
Co., Ltd. & Princeway Limited, and Verification of the Questionnaire
Responses Submitted by Jiashan Superpower Tools Co., Ltd.
On May 13, 2009, we issued our post-preliminary determination
regarding the ``Provision of Hot-Rolled Steel at Less Than Adequate
Remuneration,'' ``Export Incentive Payments Characterized as VAT
Rebates,'' ``Patent Subsidy Authorized by the Administration Rule for
Patent Specific Fund of Jiashan County, SHAN KE [2006] No. 58,''
``Foreign Trade Assistance Subsidy (Exhibition Attendance Incentive
Policy of Jiashan County: Article II.24 of SZF 132),'' and
``Amortization of Startup Costs Under Article 49 of the FIE Tax
Regulations.'' See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration, ``Countervailing Duty
Investigation of Certain Tow-Behind Lawn Groomers and Certain Parts
Thereof from the People's Republic of China'' (May 13, 2009).
We received a case brief from the GOC on May 20, 2009. Agri-Fab,
Inc. (Petitioner) and respondent companies did not submit case briefs
or rebuttal briefs. On December 23, 2008, the GOC submitted a timely
request for a hearing pursuant to 19 CFR 351.310(c). On May 27, 2009,
the GOC withdrew its request for a hearing.
Scope of the Investigation
The scope of this investigation covers certain non-motorized tow
behind 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 this investigation, 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
[[Page 29181]]
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 this
investigation. 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 investigation.
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 investigation. 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 investigation.
Also included in the scope of the investigation 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
investigation. Modular unit chassis, 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 investigation. 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 this
investigation. For purposes of this investigation, ``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, defined as a complete hitch assembly comprising of at
least the following two major hitch components, tubing and a hitch
plate regardless of the absence of minor components such as pin or
fasteners. Individual hitch component parts, such as tubing, hitch
plates, pins or fasteners are not covered by the scope.
The major components or parts of lawn groomers that are
individually covered by this investigation 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 this investigation are
currently classifiable in the Harmonized Tariff Schedule of the United
States (HTSUS) statistical reporting numbers 8432.40.0000,
8432.80.0000, 8432.80.0010, 8432.90.0030, 8432.90.0080, 8479.89.9896,
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 this investigation.
Scope Comments
On December 30, 2008, and on January 7, 2009, Brinly-Hardy Company
(Brinly-Hardy), a domestic producer of the merchandise under
consideration, submitted comments on the scope of the investigation.
Specifically, Brinly-Hardy requested that the scope be revised to
define one of the eight listed ``major components,'' specifically a
hitch, as a complete hitch assembly, with all necessary components.
Brinly-Hardy requested that individual components such as tubing, hitch
plates or pins, not be covered by the scope.
[[Page 29182]]
On January 12, 2009, Petitioner submitted comments in response to
Brinly-Hardy's request. Petitioner agreed that a hitch should be
defined, but stated that a hitch should be defined as consisting of its
own major components, i.e., tubing and a hitch plate, rather than all
necessary components. Petitioner stated that the absence of minor
components such as a hitch pin or fasteners is not intended to remove a
hitch assembly from the definition of a hitch.
We have received no further comments on the scope of the
investigation. Thus, we are making a final determination that hitches
are defined as a complete hitch assembly comprising of at least the
following two major hitch components, tubing and a hitch plate
regardless of the absence of minor components such as pin or fasteners.
The revised scope language is included in the ``Scope of the
Investigation'' section, above. See also Memorandum to Ronald K.
Lorentzen, Acting Assistant Secretary for Import Administration,
``Issues and Decision Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain Tow-Behind Lawn Groomers
and Certain Parts Thereof from the People's Republic of China'' (June
12, 2009) (hereafter referred to as the ``Decision Memorandum''), which
is hereby adopted by this notice, at Comment 12.
Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Tariff Act of 1930, as amended (the
Act), the International Trade Commission (ITC) is required to determine
pursuant to section 701(a)(2) of the Act whether imports of the subject
merchandise from the PRC materially injure, or threaten material injury
to, a United States industry. On August 21, 2008, the ITC published its
preliminary determination that there is a reasonable indication that an
industry in the United States is materially injured by reason of
allegedly subsidized imports from the PRC of subject merchandise. See
Certain Tow-Behind Lawn Groomers and Parts Thereof From China
Determinations, 73 FR 49489 (August 21, 2008); and Certain Tow-Behind
Lawn Groomers and Parts Thereof from China (Preliminary), USITC Pub.
4028, Inv. Nos. 701-TA-457 and 731-TA-1153 (August 2008).
Analysis of Comments Received
All issues raised in the case brief submitted by the GOC are
addressed in the Decision Memorandum. Attached to this notice as an
Appendix is a list of the issues that parties have raised and to which
we have responded in the Decision Memorandum. Parties can find this
public memorandum in the Department's CRU. In addition, a complete
version of the Decision Memorandum can be accessed directly on the
internet at https://ia.ita.doc.gov/frn/. The paper copy and electronic
version of the Decision Memorandum are identical in content.
Use of Adverse Facts Available
For purposes of this final determination, we have continued to rely
on facts available and have again used adverse inferences in accordance
with sections 776(a) and (b) of the Act to determine the
countervailable subsidy rates for the following five companies that
provided no response to the Department's ``quantity and value''
questionnaire issued during the respondent selection process: Qingdao
Hundai Tools Co., Ltd., Qingdao Taifa Group Co., Ltd., Maxchief
Investments Ltd., Qingdao EA Huabang Instrument Co., Ltd., and World
Factory Inc. (collectively, non-h;cooperative companies). A full
discussion of our decision to apply adverse facts available (AFA) is
presented in the Decision Memorandum in the section ``Use of Facts
Otherwise Available and Adverse Facts Available.'' On this basis, we
determine that the AFA countervailable subsidy rate for the five non-
cooperating companies is 264.98 percent ad valorem.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have
calculated an individual rate for the companies under investigation,
Superpower and Princeway. Section 705(c)(5)(A)(i) of the Act states
that for companies not investigated, we will determine an all others
rate equal to the weighted average countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero and de minimis countervailable subsidy rates, and
any rates determined entirely under section 776 of the Act. As
Princeway's rate was de minimis, it is not included in the all others
rate.
------------------------------------------------------------------------
Exporter/Manufacturer Net Subsidy Rate
------------------------------------------------------------------------
Princeway Furniture (Dong Guan) Co., Ltd. and 0.56% (de minimis)
Princeway Limited..................................
Jiashan Superpower Tools Co., Ltd................... 13.30%
Maxchief Investments Ltd............................ 264.98%
Qingdao EA Huabang Instrument Co., Ltd.............. 264.98%
Qingdao Hundai Tools Co., Ltd....................... 264.98%
Qingdao Taifa Group Co., Ltd........................ 264.98%
World Factory, Inc.................................. 264.98%
All Others.......................................... 13.30%
------------------------------------------------------------------------
In accordance with section 703(d) of the Act, we instructed U.S.
Customs and Border Protection to discontinue the suspension of
liquidation for countervailing duty purposes for subject merchandise
entered on or after March 24, 2009, but to continue the suspension of
liquidation of entries made from November 24, 2008 through March 23,
2009.
We will issue a countervailing duty order and reinstate the
suspension of liquidation under section 706(a) of the Act if the ITC
issues a final affirmative injury determination, and will require a
cash deposit of estimated countervailing duties for such entries of
merchandise in the amounts indicated above, except for Princeway, which
has a de minimis rate and will be excluded from an order. This
exclusion will apply only to subject merchandise both produced and
exported by Princeway. If the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated and all estimated duties deposited or securities posted as a
result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an Administrative Protective Order (APO), without the written
consent of the Assistant Secretary for Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/
[[Page 29183]]
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: June 12, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
APPENDIX
List of Comments and Issues in the Decision Memorandum
Comment 1: Application of CVD Law to a Country that the Department
Treats as an NME in a Parallel AD Investigation
Comment 2: Double Counting/Overlapping Remedies
Comment 3: Cut-off Date for Countervailing Subsidies
Comment 4: Discount Rate Used for Benefit Calculations
Comment 5: Public Authority Status of Hot-Rolled Steel Producer
Comment 6: Preferential Tax Policies for Enterprises with Foreign
Investment (Two Free, Three Half Program)
Comment 7: Refund of Enterprise Income Taxes on FIE Profits Reinvested
in an Export Oriented Enterprise
Comment 8: Import Tariff and VAT Exemptions for Encouraged Industries
Importing Equipment for Domestic Operations
Comment 9: Export Incentive Payments Characterized as ``VAT Rebates''
Comment 10: Amortization of Startup Costs in the PRC Tax Law
Comment 11: Calculation of the All Others Rate
Comment 12: Whether to Clarify the Scope Language for Hitches
[FR Doc. E9-14471 Filed 6-18-09; 8:45 am]
BILLING CODE 3510-DS-S
