Certain Tow Behind Lawn Groomers and Certain Parts Thereof from the People's Republic of China: Antidumping Duty Order, 38395-38397 [E9-18599]
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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
business purposes related to
establishing and enforcing trademark
rights. Information relating to the
registration of a trademark is made
publicly available by the USPTO. The
release of information in a letter of
protest is controlled and may be
available upon request only.
Affected Public: Business or other forprofit; not-for-profit institutions.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Nicholas A. Fraser,
e-mail:
Nicholas_A._Fraser@omb.eop.gov.
Once submitted, the request will be
publically available in electronic format
through the Information Collection
Review page at https://www.reginfo.gov.
Paper copies can be obtained by:
• E-mail: Susan.Fawcett@uspto.gov.
Include ‘‘0651–0060 National Medal of
Technology and Innovation Nomination
Application copy request’’ in the subject
line of the message.
• Fax: 571–273–0112, marked to the
attention of Susan K. Fawcett.
• Mail: Susan K. Fawcett, Records
Officer, Office of the Chief Information
Officer, Administrative Management
Group, U.S. Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA
22313–1450.
Written comments and
recommendations for the proposed
information collection should be sent on
or before September 2, 2009 to Nicholas
A. Fraser, OMB Desk Officer, via e-mail
at Nicholas_A._Fraser@omb.eop.gov or
by fax to 202–395–5167, marked to the
attention of Nicholas A. Fraser.
behind lawn groomers and certain parts
thereof (lawn groomers) from the
People’s Republic of China (‘‘PRC’’).
EFFECTIVE DATE: August 3, 2009
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan, Thomas Martin or
Zhulieta Willbrand, 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) 482–4081, (202) 482–
3936, and (202) 482–3147 respectively.
SUPPLEMENTARY INFORMATION:
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer, Administrative
Management Group.
[FR Doc. E9–18357 Filed 7–31–09; 8:45 am]
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
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–939]
sroberts on DSKD5P82C1PROD with NOTICES
Certain Tow Behind Lawn Groomers
and Certain Parts Thereof from the
People’s Republic of China:
Antidumping 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
International Trade Commission
(‘‘ITC’’), the Department is issuing an
antidumping duty order on certain tow
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16:05 Jul 31, 2009
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Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (‘‘the Act’’), on March 31,
2009, the Department published in the
Federal Register its final determination
in the instant investigation. See Certain
Tow Behind Lawn Groomers and
Certain Parts Thereof from the People’s
Republic of China: Final Determination
of Sales at Less Than Fair Value, 74 FR
29167 (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 Tow–
Behind Lawn Groomers From China,
Investigation Nos. 701–TA–457 and
731–TA–1153 (Final), USITC
Publication 4090 (July 2009).
Scope of the Order
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38395
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
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
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 order.
When imported separately, modules
E:\FR\FM\03AUN1.SGM
03AUN1
sroberts on DSKD5P82C1PROD with NOTICES
38396
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
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
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16:05 Jul 31, 2009
Jkt 217001
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.
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation ordered
pursuant to an affirmative preliminary
determination may not remain in effect
for more than four months except where
exporters representing a significant
proportion of exports of the subject
merchandise request the Department to
extend that four-month period to no
more than six months. At the request of
two exporters that accounted for a
significant proportion of exports of lawn
groomers, we extended the four-month
period to no more than six months. See
Certain Tow Behind Lawn Groomers
and Certain Parts Thereof from the
People’s Republic of China: Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 74 FR 4929, 4936
(January 28, 2009) (‘‘Preliminary
Determination’’). In this investigation,
the six-month period beginning on the
date of the publication of the
Preliminary Determination (i.e., January
28, 2009) ended on July 27, 2009.
Section 737 of the Act states that
definitive duties are to begin on the date
of publication of the ITC’s final injury
determination. Therefore, in accordance
with section 733(d) of the Act, we have
PO 00000
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Fmt 4703
Sfmt 4703
instructed U.S. Customs and Border
Protection (‘‘CBP’’) to terminate
suspension of liquidation and to
liquidate without regard to antidumping
duties (i.e., release all bonds and refund
all cash deposits), unliquidated entries
of lawn groomers from the PRC entered,
or withdrawn from warehouse, for
consumption after July 27, 2009, and
before the date of publication of the
ITC’s final injury determination in the
Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final injury
determination in the Federal Register.
Antidumping Duty Order
On July 27, 2009, in accordance with
section 735(d) of the Act, the ITC
notified the Department of its final
determination, pursuant to section
735(b)(1)(A)(i) of the Act, that an
industry in the United States is
materially injured by reason of less–
than-fair–value imports of subject
merchandise from the PRC. Therefore,
in accordance with section 736(a)(1) of
the Act, the Department will direct CBP
to assess, upon further instruction by
the Department, antidumping duties
equal to the amount by which the
normal value of the merchandise
exceeds the export price of the
merchandise for all relevant entries of
lawn groomers from the PRC. Except for
the entries noted above,1 these
antidumping duties will be assessed on
all unliquidated entries of lawn
groomers from the PRC entered, or
withdrawn from the warehouse, for
consumption on or after January 28,
2009, the date on which the Department
published its Preliminary
Determination. See Preliminary
Determination.
Effective on the date of publication of
the ITC’s final affirmative injury
determination, CBP will require, at the
same time as importers would normally
deposit estimated duties on this
merchandise, a cash deposit based on
the estimated weighted–average
antidumping duty margins listed below.
The cash deposit rate for all exporter–
producer combinations not listed below
will be equal to the estimated weighted–
average antidumping duty margin
applicable to the combination. The
‘‘PRC–wide’’ rate applies to all exporters
of subject merchandise not specifically
listed. The weighted–average dumping
margins are as follows:
1 Namely, entries of lawn groomers from the PRC
entered, or withdrawn from warehouse, for
consumption after July 27, 2009, and before the date
of publication of the ITC’s final injury
determination in the Federal Register.
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38397
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
suspended under section 704 or 734 of
the Act would be likely to lead to
Weighted–Average continuation or recurrence of dumping
Margin (Percent)
or a countervailable subsidy (as the case
may be) and of material injury.
154.72 FOR FURTHER INFORMATION CONTACT:
Hallie Zink, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
154.72 of Commerce, 14th Street & Constitution
Ave., NW, Washington, DC 20230;
telephone (202) 482–6907.
LAWN GROOMERS FROM THE PRC
Exporter and Producer
Nantong D & B Machinery Co., Ltd. ..............
Qingdao Huatian Truck
Co., Ltd., a.k.a.
Qingdao Huatian
Hand Truck Co., Ltd.
PRC–wide Entity (including Jiashan Superpower Tools Co.,
Ltd. and Princeway
Furniture (Dong
Guan) Co., Ltd.) ........
Upcoming Sunset Reviews for
September 2009
386.28
There are no Sunset Reviews
scheduled for initiation in September
This notice constitutes the
2009.
antidumping duty order with respect to
For information on the Department’s
lawn groomers from the PRC pursuant
procedures for the conduct of sunset
to section 736(a) of the Act. Interested
reviews, See 19 CFR 351.218. This
parties may contact the Department’s
Central Records Unit, Room 1117 of the notice is not required by statute but is
published as a service to the
main Commerce building, for copies of
international trading community.
an updated list of antidumping duty
Guidance on methodological or
orders currently in effect.
This order is published in accordance analytical issues relevant to the
Department’s conduct of Sunset
with section 736(a) of the Act and 19
Reviews is set forth in the Department’s
CFR 351.211(b).
Policy Bulletin 98.3, Policies Regarding
Dated: July 29, 2009.
the Conduct of Five-year (‘‘Sunset’’)
Ronald K. Lorentzen,
Reviews of Antidumping and
Acting Assistant Secretary for Import
Countervailing Duty Orders; Policy
Administration.
Bulletin, 63 FR 18871 (April 16, 1998).
[FR Doc. E9–18599 Filed 7–31–09; 8:45 am]
The Notice of Initiation of Five-year
BILLING CODE 3510–DS–S
(‘‘Sunset’’) Reviews provides further
information regarding what is required
of all parties to participate in Sunset
DEPARTMENT OF COMMERCE
Reviews.
Dated: July 23, 2009.
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–18476 Filed 7–31–09; 8:45 am]
BILLING CODE 3510–DS–S
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission
automatically initiate and conduct a
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–4697.
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspension of
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with section
351.213 (2008) of the Department of
Commerce (‘‘the Department’’)
regulations, that the Department
conduct an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review
(‘‘POR’’). We intend to release the CBP
data under Administrative Protective
Order (‘‘APO’’) to all parties having an
APO within five days of publication of
the initiation Federal Register notice.
Therefore, we encourage all parties
interested in commenting on respondent
selection to submit their APO
applications on the date of publication
of the initiation notice, or as soon
thereafter as possible. The Department
invites comments regarding the CBP
data and respondent selection within 10
calendar days of publication of the
initiation Federal Register notice.
Opportunity to Request a Review: Not
later than the last day of August 2009,1
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
August for the following periods:
sroberts on DSKD5P82C1PROD with NOTICES
Period
Antidumping Duty Proceeding
Germany:
Corrosion-Resistant Carbon Steel Flat Products A–428–815 .....................................................................................
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
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16:05 Jul 31, 2009
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8/1/08—7/31/09
Agencies
[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38395-38397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18599]
-----------------------------------------------------------------------
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: Antidumping 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 International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on
certain tow behind lawn groomers and certain parts thereof (lawn
groomers) from the People's Republic of China (``PRC'').
EFFECTIVE DATE: August 3, 2009
FOR FURTHER INFORMATION CONTACT: Karine Gziryan, Thomas Martin or
Zhulieta Willbrand, 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) 482-4081, (202) 482-3936, and (202) 482-3147 respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (``the Act''), on March 31, 2009, the Department
published in the Federal Register its final determination in the
instant investigation. See Certain Tow Behind Lawn Groomers and Certain
Parts Thereof from the People's Republic of China: Final Determination
of Sales at Less Than Fair Value, 74 FR 29167 (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 Tow-Behind
Lawn Groomers From China, Investigation Nos. 701-TA-457 and 731-TA-1153
(Final), USITC Publication 4090 (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 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 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 order. When imported separately, modules
[[Page 38396]]
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.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
ordered pursuant to an affirmative preliminary determination may not
remain in effect for more than four months except where exporters
representing a significant proportion of exports of the subject
merchandise request the Department to extend that four-month period to
no more than six months. At the request of two exporters that accounted
for a significant proportion of exports of lawn groomers, we extended
the four-month period to no more than six months. See Certain Tow
Behind Lawn Groomers and Certain Parts Thereof from the People's
Republic of China: Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 74 FR 4929, 4936
(January 28, 2009) (``Preliminary Determination''). In this
investigation, the six-month period beginning on the date of the
publication of the Preliminary Determination (i.e., January 28, 2009)
ended on July 27, 2009.
Section 737 of the Act states that definitive duties are to begin
on the date of publication of the ITC's final injury determination.
Therefore, in accordance with section 733(d) of the Act, we have
instructed U.S. Customs and Border Protection (``CBP'') to terminate
suspension of liquidation and to liquidate without regard to
antidumping duties (i.e., release all bonds and refund all cash
deposits), unliquidated entries of lawn groomers from the PRC entered,
or withdrawn from warehouse, for consumption after July 27, 2009, and
before the date of publication of the ITC's final injury determination
in the Federal Register. Suspension of liquidation will resume on the
date of publication of the ITC's final injury determination in the
Federal Register.
Antidumping Duty Order
On July 27, 2009, in accordance with section 735(d) of the Act, the
ITC notified the Department of its final determination, pursuant to
section 735(b)(1)(A)(i) of the Act, that an industry in the United
States is materially injured by reason of less-than-fair-value imports
of subject merchandise from the PRC. Therefore, in accordance with
section 736(a)(1) of the Act, the Department will direct CBP to assess,
upon further instruction by the Department, antidumping duties equal to
the amount by which the normal value of the merchandise exceeds the
export price of the merchandise for all relevant entries of lawn
groomers from the PRC. Except for the entries noted above,\1\ these
antidumping duties will be assessed on all unliquidated entries of lawn
groomers from the PRC entered, or withdrawn from the warehouse, for
consumption on or after January 28, 2009, the date on which the
Department published its Preliminary Determination. See Preliminary
Determination.
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\1\ Namely, entries of lawn groomers from the PRC entered, or
withdrawn from warehouse, for consumption after July 27, 2009, and
before the date of publication of the ITC's final injury
determination in the Federal Register.
---------------------------------------------------------------------------
Effective on the date of publication of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on this merchandise, a cash
deposit based on the estimated weighted-average antidumping duty
margins listed below. The cash deposit rate for all exporter-producer
combinations not listed below will be equal to the estimated weighted-
average antidumping duty margin applicable to the combination. The
``PRC-wide'' rate applies to all exporters of subject merchandise not
specifically listed. The weighted-average dumping margins are as
follows:
[[Page 38397]]
Lawn Groomers from the PRC
------------------------------------------------------------------------
Weighted-Average
Exporter and Producer Margin (Percent)
------------------------------------------------------------------------
Nantong D & B Machinery Co., Ltd.................... 154.72
Qingdao Huatian Truck Co., Ltd., a.k.a. Qingdao 154.72
Huatian Hand Truck Co., Ltd........................
PRC-wide Entity (including Jiashan Superpower Tools 386.28
Co., Ltd. and Princeway Furniture (Dong Guan) Co.,
Ltd.)..............................................
------------------------------------------------------------------------
This notice constitutes the antidumping duty order with respect to
lawn groomers from the PRC pursuant to section 736(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 antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: July 29, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-18599 Filed 7-31-09; 8:45 am]
BILLING CODE 3510-DS-S