Certain Tow Behind Lawn Groomers and Certain Parts Thereof from the People's Republic of China: Antidumping Duty Order, 38395-38397 [E9-18599]

Download as PDF 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 http://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 VerDate Nov<24>2008 16:05 Jul 31, 2009 Jkt 217001 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 VerDate Nov<24>2008 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 Frm 00006 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. E:\FR\FM\03AUN1.SGM 03AUN1 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. VerDate Nov<24>2008 16:05 Jul 31, 2009 Jkt 217001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 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]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-939]


Certain Tow Behind Lawn Groomers and Certain Parts Thereof from 
the People's Republic of China: 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.
---------------------------------------------------------------------------

    \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