Certain Lawn Groomers and Certain Parts Thereof From the People's Republic of China: Continuation of Antidumping Duty Order, 6049-6051 [2015-02199]
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Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Those procedures apply to
administrative reviews included in this
notice of initiation. Parties wishing to
participate in any of these
administrative reviews should ensure
that they meet the requirements of these
procedures (e.g., the filing of separate
letters of appearance as discussed at 19
CFR 351.103(d)).
Revised Factual Information
Requirements
On April 10, 2013, the Department
published Definition of Factual
Information and Time Limits for
Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10,
2013), which modified two regulations
related to antidumping and
countervailing duty proceedings: The
definition of factual information (19
CFR 351.102(b)(21)), and the time limits
for the submission of factual
information (19 CFR 351.301). The final
rule identifies five categories of factual
information in 19 CFR 351.102(b)(21),
which are summarized as follows: (i)
Evidence submitted in response to
questionnaires; (ii) evidence submitted
in support of allegations; (iii) publicly
available information to value factors
under 19 CFR 351.408(c) or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2); (iv) evidence placed
on the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The final rule
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
final rule also modified 19 CFR 351.301
so that, rather than providing general
time limits, there are specific time limits
based on the type of factual information
being submitted. These modifications
are effective for all segments initiated on
or after May 10, 2013. Please review the
final rule, available at https://
enforcement.trade.gov/frn/2013/
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1304frn/2013-08227.txt, prior to
submitting factual information in this
segment.
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information.4 Parties are hereby
reminded that revised certification
requirements are in effect for company/
government officials as well as their
representatives. All segments of any
antidumping duty or countervailing
duty proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.5 The
Department intends to reject factual
submissions in any proceeding
segments if the submitting party does
not comply with applicable revised
certification requirements.
Revised Extension of Time Limits
Regulation
On September 20, 2013, the
Department modified its regulation
concerning the extension of time limits
for submissions in antidumping and
countervailing duty proceedings: Final
Rule, 78 FR 57790 (September 20, 2013).
The modification clarifies that parties
may request an extension of time limits
before a time limit established under
Part 351 expires, or as otherwise
specified by the Secretary. In general, an
extension request will be considered
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
4 See
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also the frequently
asked questions regarding the Final Rule, available
at https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
5 See
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6049
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://www.gpo.
gov/fdsys/pkg/FR-2013-09-20/html/
2013-22853.htm, prior to submitting
factual information in these segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: January 29, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–02203 Filed 2–3–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–939]
Certain Lawn Groomers and Certain
Parts Thereof From the People’s
Republic of China: Continuation of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission (the
‘‘ITC’’) that revocation of the
antidumping duty order on certain lawn
groomers and certain parts thereof
(‘‘lawn groomers’’) from the People’s
Republic of China (‘‘PRC’’) would likely
lead to a continuation or recurrence of
dumping and material injury to an
industry in the United States, the
Department is publishing a notice of
continuation of the antidumping duty
order.
DATES: Effective Date: February 4, 2015.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
AGENCY:
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Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6412.
SUPPLEMENTARY INFORMATION:
Background
On June 19, 2009, the Department
published its final determination in the
less-than-fair-value (‘‘LTFV’’)
investigation of lawn groomers from the
PRC.1 On August 3, 2009, the
Department published the AD order on
imports of lawn groomers from the
PRC.2 There have been no
administrative reviews since issuance of
the Order. There have been no related
findings or rulings (e.g., changed
circumstances review, scope ruling,
duty absorption review) since issuance
of the Order.
On July 1, 2014, the Department
initiated the first five-year (‘‘sunset’’)
review of the antidumping duty order
on certain lawn groomers and certain
parts thereof from the People’s Republic
of China (‘‘PRC’’) pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the ‘‘Act’’).3 As a result of its
review, the Department determined that
revocation of the antidumping duty
order on lawn groomers from the PRC
would likely lead to a continuation or
recurrence of dumping and, therefore,
notified the ITC of the magnitude of the
margins likely to prevail should the
order be revoked.4 On January 28, 2015,
the ITC published its determination,
pursuant to section 751(c) of the Act,
that revocation of the antidumping duty
order on lawn groomers from the PRC
would likely lead to a continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.5
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Scope of the Order
The scope of this order covers certain
non-motorized tow behind lawn
groomers, manufactured from any
1 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) (‘‘Final
Determination’’).
2 See Certain Tow Behind Lawn Groomers and
Certain Parts Thereof from the People’s Republic of
China: Antidumping Duty Order, 74 FR 38395
(August 3, 2009) (‘‘Antidumping Duty Order’’).
3 See Initiation of Five-Year (‘‘Sunset’’) Review, 79
FR 37292 (July 1, 2014) (‘‘Sunset Initiation’’).
4 See Certain Tow-Behind Lawn Groomers and
Certain Parts Thereof From the People’s Republic of
China: Final Results of Expedited First Sunset
Review of the Antidumping Duty Order, 79 FR
65375 (November 4, 2014) and accompanying
Issues and Decision Memorandum.
5 See Certain Tow-Behind Lawn Groomers and
Parts Thereof from China, 80 FR 4591 (January 28,
2015); Certain Tow-Behind Lawn Groomers and
Parts Thereof from China (Investigation No. 731–
TA–1153 (Review), USITC Publication 4516
(January 2015).
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18:18 Feb 03, 2015
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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 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
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Sfmt 4703
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
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
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Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
Continuation of the Order
As a result of the determinations by
the Department and the ITC that
revocation of the antidumping duty
order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
antidumping order on lawn groomers
from the PRC. U.S. Customs and Border
Protection will continue to collect
antidumping duty cash deposits at the
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18:18 Feb 03, 2015
Jkt 235001
rates in effect at the time of entry for all
imports of subject merchandise. The
effective date of the continuation of the
order will be the date of publication in
the Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, the Department
intends to initiate the next five-year
review of the order not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
This five-year (‘‘sunset’’) review and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: January 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–02199 Filed 2–3–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–849]
Certain Cut-to-Length Carbon Steel
Plate From the People’s Republic of
China: Final Results of the Expedited
Third Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(‘‘the Department’’) finds that revocation
of the antidumping duty (‘‘AD’’) order
on certain cut-to-length carbon steel
plate (‘‘CTL plate’’) from the People’s
Republic of China (‘‘PRC’’) would be
likely to lead to continuation or
recurrence of dumping. The magnitude
of the dumping margins likely to prevail
is indicated in the ‘‘Final Results of
Sunset Review’’ section of this notice.
DATES: Effective Date: February 4, 2015.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3518.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 21, 2003, the Department
published the AD order on CTL plate
from the PRC.1 On October 1, 2014, the
1 See
Suspension Agreement on Certain Cut-toLength Carbon Steel Plate from the People’s
Republic of China; Termination of Suspension
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6051
Department published a notice of
initiation of the sunset review of this
AD order, pursuant to section 751(c) of
the Act.2 On October 9, 15 and 16, 2014,
pursuant to 19 CFR 351.218(d)(1), the
Department received timely and
complete notices of intent to participate
in the sunset review of the order from
SSAB Enterprises LLC (‘‘SSAB’’),
ArcelorMittal USA LLC (‘‘ArcelorMittal
USA’’), Nucor Corporation (‘‘Nucor’’),
and Evraz Oregon Steel (‘‘Evraz
Oregon’’) and Evraz Claymont Steel
(‘‘Evraz Claymont’’) (collectively
‘‘Domestic Interested Parties’’). On
October 31, 2014, pursuant to 19 CFR
351.218(d)(3), Domestic Interested
Parties filed timely and adequate
substantive responses. The Department
did not receive substantive responses
from any respondent interested party.
As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department
conducted an expedited (120-day)
sunset review of the Order.
Scope of the Order
The products covered by the order
include hot-rolled carbon steel universal
mill plates (i.e., flat-rolled products
rolled on four faces or in a closed box
pass, of a width exceeding 150
millimeters but not exceeding 1,250
millimeters and of a thickness of not
less than 4 millimeters, not in coils and
without patterns in relief), of
rectangular shape, neither clad, plated
nor coated with metal, whether or not
painted, varnished, or coated with
plastics or other nonmetallic substances;
and certain hot-rolled carbon steel flatrolled products in straight lengths, of
rectangular shape, hot rolled, neither
clad, plated, nor coated with metal,
whether or not painted, varnished, or
coated with plastics or other
nonmetallic substances, 4.75
millimeters or more in thickness and of
a width which exceeds 150 millimeters
and measures at least twice the
thickness, as currently classifiable in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under item
numbers 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, and
7212.50.0000. Included in the order are
flat-rolled products of non-rectangular
Agreement and Notice of Antidumping Duty Order,
68 FR 60081 (October 21, 2003) (‘‘Order’’).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 79
FR 59216 (October 1, 2014) (‘‘Sunset Initiation’’).
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Agencies
[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6049-6051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02199]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-939]
Certain Lawn Groomers and Certain Parts Thereof From the People's
Republic of China: Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(the ``ITC'') that revocation of the antidumping duty order on certain
lawn groomers and certain parts thereof (``lawn groomers'') from the
People's Republic of China (``PRC'') would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the antidumping duty order.
DATES: Effective Date: February 4, 2015.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th
[[Page 6050]]
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On June 19, 2009, the Department published its final determination
in the less-than-fair-value (``LTFV'') investigation of lawn groomers
from the PRC.\1\ On August 3, 2009, the Department published the AD
order on imports of lawn groomers from the PRC.\2\ There have been no
administrative reviews since issuance of the Order. There have been no
related findings or rulings (e.g., changed circumstances review, scope
ruling, duty absorption review) since issuance of the Order.
---------------------------------------------------------------------------
\1\ 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) (``Final
Determination'').
\2\ See Certain Tow Behind Lawn Groomers and Certain Parts
Thereof from the People's Republic of China: Antidumping Duty Order,
74 FR 38395 (August 3, 2009) (``Antidumping Duty Order'').
---------------------------------------------------------------------------
On July 1, 2014, the Department initiated the first five-year
(``sunset'') review of the antidumping duty order on certain lawn
groomers and certain parts thereof from the People's Republic of China
(``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the ``Act'').\3\ As a result of its review, the Department
determined that revocation of the antidumping duty order on lawn
groomers from the PRC would likely lead to a continuation or recurrence
of dumping and, therefore, notified the ITC of the magnitude of the
margins likely to prevail should the order be revoked.\4\ On January
28, 2015, the ITC published its determination, pursuant to section
751(c) of the Act, that revocation of the antidumping duty order on
lawn groomers from the PRC would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\5\
---------------------------------------------------------------------------
\3\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 37292
(July 1, 2014) (``Sunset Initiation'').
\4\ See Certain Tow-Behind Lawn Groomers and Certain Parts
Thereof From the People's Republic of China: Final Results of
Expedited First Sunset Review of the Antidumping Duty Order, 79 FR
65375 (November 4, 2014) and accompanying Issues and Decision
Memorandum.
\5\ See Certain Tow-Behind Lawn Groomers and Parts Thereof from
China, 80 FR 4591 (January 28, 2015); Certain Tow-Behind Lawn
Groomers and Parts Thereof from China (Investigation No. 731-TA-1153
(Review), USITC Publication 4516 (January 2015).
---------------------------------------------------------------------------
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 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
[[Page 6051]]
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.
Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the antidumping duty order would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
order on lawn groomers from the PRC. U.S. Customs and Border Protection
will continue to collect antidumping duty cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise. The
effective date of the continuation of the order will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, the Department intends to
initiate the next five-year review of the order not later than 30 days
prior to the fifth anniversary of the effective date of continuation.
This five-year (``sunset'') review and this notice are in
accordance with section 751(c) of the Act and published pursuant to
section 777(i)(1) of the Act.
Dated: January 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-02199 Filed 2-3-15; 8:45 am]
BILLING CODE 3510-DS-P