Certain Tow-Behind Lawn Groomers and Certain Parts Thereof From the People's Republic of China: Countervailing Duty Order, 38399-38401 [E9-18595]
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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
duties on those entries at a rate equal to
the cash deposit of (or bond for)
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: July 29, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–18474 Filed 7–31–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Availability of Seats for the Florida
Keys National Marine Sanctuary
Advisory Council
sroberts on DSKD5P82C1PROD with NOTICES
AGENCY: Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice and request for
applications.
SUMMARY: The ONMS is seeking
applications for the following vacant
seats on the Florida Keys National
Marine Sanctuary Advisory Council:
Citizen at Large—Lower Keys (member),
Citizen at Large—Lower Keys
(alternate), Citizen at Large—Middle
Keys (member), Conservation and
Environment [1 of 2] (member),
Conservation and Environment [2 of 2]
(member), Conservation and
Environment [2 of 2] (alternate),
Diving—Lower Keys (member),
Diving—Lower Keys (alternate),
Education and Outreach (member),
Education and Outreach (alternate),
Fishing—Charter Fishing Flats Guide
(member), Fishing—Charter Fishing
Flats Guide (alternate), Fishing—
Commercial—Shell/Scale (member),
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(alternate), South Florida Ecosystem
Restoration (alternate), Submerged
Cultural Resources (member),
Submerged Cultural Resources
(alternate), Tourism—Upper Keys
(member) and Tourism Upper Keys
(alternate). Applicants are chosen based
upon their particular expertise and
experience in relation to the seat for
which they are applying; community
and professional affiliations; philosophy
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regarding the protection and
management of marine resources; and
possibly the length of residence in the
area affected by the sanctuary.
Applicants who are chosen as members
should expect to serve 3-year terms,
pursuant to the council’s Charter.
DATES: Applications are due by August
21, 2009.
ADDRESSES: Application kits may be
obtained from Lilli Ferguson, Florida
Keys National Marine Sanctuary, 33
East Quay Rd., Key West, FL 33040.
Completed applications should be sent
to the same address.
FOR FURTHER INFORMATION CONTACT: Lilli
Ferguson, Florida Keys National Marine
Sanctuary, 33 East Quay Rd., Key West,
FL 33040; (305) 292–0311 x245;
Lilli.Ferguson@noaa.gov.
SUPPLEMENTARY INFORMATION: Per the
council’s Charter, if necessary, terms of
appointment may be changed to provide
for staggered expiration dates or
member resignation mid term.
Authority: 16 U.S.C. 1431, et seq.
(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
Dated: July 16, 2009.
Daniel J. Basta,
Director, Office of National Marine
Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. E9–17845 Filed 7–31–09; 8:45 am]
BILLING CODE 3510–NK–M
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:
Countervailing Duty Order
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
U.S. International Trade Commission
(ITC), the Department is issuing a
countervailing duty order on certain
tow-behind lawn groomers and certain
parts thereof (lawn groomers) from the
People’s Republic of China (PRC).
DATES: Effective Date: August 3, 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
PO 00000
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38399
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–3586 and (202)
482–1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on June 19, 2009, the Department
published its final determination in the
countervailing duty investigation of
lawn groomers from the PRC. See
Certain Tow-Behind Lawn Groomers
and Certain Parts Thereof From the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination, 74 FR 29180 (June 19,
2009).
On July 27, 2009, the ITC notified the
Department of its final determination,
pursuant to section 705(b)(1)(A)(i) of the
Act, that an industry in the United
States is materially injured by reason of
subsidized imports of subject
merchandise from the PRC. See Certain
Tow-Behind Lawn Groomers from
China, USITC Pub. 4090, Investigation
Nos. 701–TA–457 and 731–TA–1153
(Final) (July 2009).
Scope of the Order
The scope of this order 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 order,
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 this order. 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 order.
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
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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
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 fullyassembled weight (i.e., without packing,
additional weights, or accessories) of
100 pounds or less are covered by the
scope of the order. 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
order.
Also included in the scope of the
order 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 order. 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 order.
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 order.
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For purposes of this order,
‘‘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 order 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 scope of this order specifically
excludes 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
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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 order 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 order.
Countervailing Duty Order
On July 27, 2009, the ITC notified the
Department of its final determination,
pursuant to section 705(b)(1)(A)(i) of the
Act, that an industry in the United
States is materially injured as a result of
subsidized imports of lawn groomers
from the PRC. As a result of the ITC’s
final determination, in accordance with
section 706(a) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, countervailing duties on all
unliquidated entries of lawn groomers
from the PRC entered, or withdrawn
from warehouse, for consumption on or
after November 24, 2008, the date on
which the Department published its
preliminary affirmative countervailing
duty determination in the Federal
Register, and before March 24, 2009, the
date on which the Department
instructed CBP to discontinue the
suspension of liquidation in accordance
with section 703(d) of the Act. 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).
Section 703(d) of the Act states that the
suspension of liquidation pursuant to a
preliminary determination may not
remain in effect for more than four
months. Entries of lawn groomers made
on or after March 24, 2009, and prior to
the date of publication of the ITC’s final
determination in the Federal Register,
are not liable for the assessment of
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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
countervailing duties, due to the
Department’s discontinuation, effective
March 24, 2009, of the suspension of
liquidation.
In accordance with section 706 of the
Act, the Department will direct CBP to
reinstitute the suspension of liquidation
for lawn groomers from the PRC,
effective the date of publication of the
ITC’s notice of final determination in
the Federal Register, and to assess,
upon further advice by the Department
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise, except for subject
merchandise entered by Princeway
Furniture (Dong Guan) Co., Ltd. and
Princeway Limited, whose net subsidy
rate is de minimis and, hence, is
excluded from this order. This
exclusion will apply only to subject
merchandise both produced and
exported by Princeway Furniture (Dong
Guan) Co., Ltd. and Princeway Limited.
On or after the date of publication of the
ITC’s final injury determination in the
Federal Register, CBP must require,1 at
the same time as importers would
normally deposit estimated duties on
this merchandise, a cash deposit equal
to the rates noted below:
Exporter/manufacturer
Princeway Furniture (Dong
Guan) Co., Ltd. and
Princeway Limiteda .............
Jiashan Superpower Tools
Co., Ltd. ..............................
Maxchief Investments Ltd. ......
Qingdao EA Huabang Instrument Co., Ltd. .....................
Qingdao Hundai Tools Co.,
Ltd. ......................................
Qingdao Taifa Group Co., Ltd.
World Factory, Inc. .................
All Others ................................
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a De
Net subsidy
rate
(percent)
a0.56
13.30
264.98
264.98
264.98
264.98
264.98
13.30
minimis.
This notice constitutes the
countervailing duty order with respect
to lawn groomers from the PRC
pursuant to section 706(a) of the Act.
Interested parties may contact the
Department’s Central Records Unit,
Room 1117 of the main Commerce
building, for copies of an updated list of
countervailing duty orders currently in
effect.
1 With
the exception of Princeway Furniture
(Dong Guan) Co., and Princeway Limited whose net
subsidy was de minimis, and, hence, is excluded
from this order. This exclusion will apply only to
subject merchandise both produced and exported
by Princeway Furniture (Dong Guan) Co., Ltd. and
Princeway Limited.
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16:05 Jul 31, 2009
Jkt 217001
This countervailing duty order is
issued and published in accordance
with sections 705(c)(2), 706(a) and
777(i)(1) of the Act, and 19 CFR
351.211.
Dated: July 29, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–18595 Filed 7–31–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[Docket 51–2008]
Foreign–Trade Zone 82, Application for
Subzone Authority, ThyssenKrupp
Steel and Stainless USA, LLC, Notice
of Public Hearing and Reopening of
Comment Period
A public hearing will be held on the
application for subzone authority at the
ThyssenKrupp Steel and Stainless USA,
LLC (ThyssenKrupp) facility in Calvert,
Alabama (73 FR 58535–58536, 10/7/08).
The Commerce examiner will hold the
public hearing on September 10, 2009 at
1:00 p.m., at the Department of
Commerce, Room 4830, 1401
Constitution Ave., NW, Washington, DC
20230. Interested parties should
indicate their intent to participate in the
hearing and provide a summary of their
remarks no later than September 4,
2009.
The comment period for the case
referenced above is being reopened
through September 25, 2009, to allow
interested parties additional time in
which to comment. Rebuttal comments
may be submitted during the subsequent
15-day period, until October 13, 2009.
Submissions (original and one
electronic copy) shall be addressed to
the Board’s Executive Secretary at:
Foreign–Trade Zones Board, U.S.
Department of Commerce, Room 2111,
1401 Constitution Ave. NW,
Washington, DC 20230.
For further information, contact
Elizabeth Whiteman at
ElizabethlWhiteman@ita.doc.gov or
(202) 482–0473.
Dated: July 24, 2009.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9–18475 Filed 7–31–09; 8:45 am]
BILLING CODE 3510–DS–S
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38401
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-year (‘‘Sunset’’)
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) is
automatically initiating a five-year
review (‘‘Sunset Review’’) of the
antidumping duty order listed below.
The International Trade Commission
(‘‘the Commission’’) is publishing
concurrently with this notice its notice
of Institution of Five-year Review which
covers the same order.
EFFECTIVE DATE:
August 3, 2009.
The
Department official identified in the
Initiation of Review section below at
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Ave., NW, Washington, DC 20230. For
information from the Commission
contact Mary Messer, Office of
Investigations, U.S. International Trade
Commission at (202) 205–3193.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting Fiveyear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders, 63 FR 13516 (March 20, 1998)
and 70 FR 62061 (October 28, 2005).
Guidance on methodological or
analytical issues relevant to the
Department’s conduct of Sunset
Reviews is set forth in the Department’s
Policy Bulletin 98.3 - Policies Regarding
the Conduct of Five-year (‘‘Sunset’’)
Reviews of Antidumping and
Countervailing Duty Orders: Policy
Bulletin, 63 FR 18871 (April 16, 1998).
Please note that in the Initiation of Fiveyear (‘‘Sunset’’) Review notice that
published on July 1, 2009 (74 FR
31412), the Department inadvertently
initiated a Sunset Review for the
antidumping duty order on Stainless
Steel Wire Rod from Sweden (A–401–
806). This order was revoked effective
April 23, 2007. Accordingly, the
Department hereby retracts its initiation
of a Sunset Review of the antidumping
duty order on Stainless Steel Wire Rod
from Sweden.
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]]>Agencies
[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38399-38401]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18595]
-----------------------------------------------------------------------
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: Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the U.S. International Trade Commission
(ITC), the Department is issuing a countervailing duty order on certain
tow-behind lawn groomers and certain parts thereof (lawn groomers) from
the People's Republic of China (PRC).
DATES: Effective Date: August 3, 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:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on June 19, 2009, the Department published its final
determination in the countervailing duty investigation of lawn groomers
from the PRC. See Certain Tow-Behind Lawn Groomers and Certain Parts
Thereof From the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 74 FR 29180 (June 19, 2009).
On July 27, 2009, the ITC notified the Department of its final
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an
industry in the United States is materially injured by reason of
subsidized imports of subject merchandise from the PRC. See Certain
Tow-Behind Lawn Groomers from China, USITC Pub. 4090, Investigation
Nos. 701-TA-457 and 731-TA-1153 (Final) (July 2009).
Scope of the Order
The scope of this order 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 order, 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 this order. 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
order.
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
[[Page 38400]]
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 order. 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 order.
Also included in the scope of the order 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 order.
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 order. 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 order.
For purposes of this order, ``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 order 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 scope of this order specifically excludes 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 order 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 order.
Countervailing Duty Order
On July 27, 2009, the ITC notified the Department of its final
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an
industry in the United States is materially injured as a result of
subsidized imports of lawn groomers from the PRC. As a result of the
ITC's final determination, in accordance with section 706(a) of the
Act, the Department will direct U.S. Customs and Border Protection
(CBP) to assess, upon further instruction by the Department,
countervailing duties on all unliquidated entries of lawn groomers from
the PRC entered, or withdrawn from warehouse, for consumption on or
after November 24, 2008, the date on which the Department published its
preliminary affirmative countervailing duty determination in the
Federal Register, and before March 24, 2009, the date on which the
Department instructed CBP to discontinue the suspension of liquidation
in accordance with section 703(d) of the Act. 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).
Section 703(d) of the Act states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Entries of lawn groomers made on or after March
24, 2009, and prior to the date of publication of the ITC's final
determination in the Federal Register, are not liable for the
assessment of
[[Page 38401]]
countervailing duties, due to the Department's discontinuation,
effective March 24, 2009, of the suspension of liquidation.
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute the suspension of liquidation for lawn
groomers from the PRC, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further advice by the Department pursuant to section 706(a)(1) of
the Act, countervailing duties for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise, except for subject merchandise entered by
Princeway Furniture (Dong Guan) Co., Ltd. and Princeway Limited, whose
net subsidy rate is de minimis and, hence, is excluded from this order.
This exclusion will apply only to subject merchandise both produced and
exported by Princeway Furniture (Dong Guan) Co., Ltd. and Princeway
Limited. On or after the date of publication of the ITC's final injury
determination in the Federal Register, CBP must require,\1\ at the same
time as importers would normally deposit estimated duties on this
merchandise, a cash deposit equal to the rates noted below:
---------------------------------------------------------------------------
\1\ With the exception of Princeway Furniture (Dong Guan) Co.,
and Princeway Limited whose net subsidy was de minimis, and, hence,
is excluded from this order. This exclusion will apply only to
subject merchandise both produced and exported by Princeway
Furniture (Dong Guan) Co., Ltd. and Princeway Limited.
------------------------------------------------------------------------
Net subsidy
Exporter/manufacturer rate
(percent)
------------------------------------------------------------------------
Princeway Furniture (Dong Guan) Co., Ltd. and Princeway \a\0.56
Limited\a\...............................................
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
------------------------------------------------------------------------
\a\ De minimis.
This notice constitutes the countervailing duty order with respect
to lawn groomers from the PRC pursuant to section 706(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 1117 of the main Commerce building, for copies of an updated list
of countervailing duty orders currently in effect.
This countervailing duty order is issued and published in
accordance with sections 705(c)(2), 706(a) and 777(i)(1) of the Act,
and 19 CFR 351.211.
Dated: July 29, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-18595 Filed 7-31-09; 8:45 am]
BILLING CODE 3510-DS-P
