CSMS 9034201·Trade policy·February 3, 2009·View on csms.cbp.gov ↗

NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDMP DUTY INVESTIGATION OF CERTAIN TOW BEHIND LAWN GROOMERS AND CERTAIN PARTS FROM CHINA (A-570-939)

Plain-English explanation

CSMS 9034201 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on February 3, 2009. It carries the official CBP guidance brokers and importers must follow for the topic — "NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDMP DUTY INVESTIGATION OF CERTAIN TOW BEHIND LAWN GROOMERS AND CERTAIN PARTS FROM CHINA (A-570-939)". It links to 3 AD/CVD cases in Tandom's catalog. CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Linked AD/CVD cases(3)

Cases referenced or affected by this CSMS message

A-570-930 A-570-939 C-570-940

Message body

Full text as published by U.S. Customs and Border Protection

MESSAGE NO: 9034201 DATE: 02 03 2009 CATEGORY: ADA TYPE: PRE REFERENCE: REFERENCE DATE: CASES: A - 570 - 939 - - - - - - - - - - PERIOD COVERED: 01 28 2009 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDMP DUTY INVESTIGATION OF CERTAIN TOW BEHIND LAWN GROOMERS AND CERTAIN PARTS FROM CHINA (A-570-939) 1. ON 01/28/2009, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE AND THE POSTPONEMENT OF THE FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN TOW BEHIND LAWN GROOMERS (LAWN GROOMERS) AND CERTAIN PARTS THEREOF, FROM THE PEOPLES REPUBLIC OF CHINA (PRC) (74 FR 4929). 2. THE SCOPE OF THIS INVESTIGATION COVERS CERTAIN NON-MOTORIZED LAWN GROOMERS, MANUFACTURED FROM ANY MATERIAL, AND CERTAIN PARTS THEREOF. LAWN GROOMERS ARE DEFINED AS LAWN SWEEPERS, AERATORS, DETHATCHERS, AND SPREADERS. UNLESS SPECIFICALLY EXCLUDED, LAWN GROOMERS THAT ARE DESIGNED TO PERFORM AT LEAST ONE OF THE FUNCTIONS LISTED ABOVE ARE INCLUDED IN THE SCOPE OF THIS INVESTIGATION, EVEN IF THE LAWN GROOMER IS DESIGNED TO PERFORM ADDITIONAL NON-SUBJECT FUNCTIONS (E.G., MOWING). ALL LAWN GROOMERS ARE DESIGNED TO INCORPORATE A HITCH, OF ANY CONFIGURATION, WHICH ALLOWS THE PRODUCT TO BE TOWED BEHIND A VEHICLE. LAWN GROOMERS THAT ARE DESIGNED TO INCORPORATE BOTH A HITCH AND A PUSH HANDLE, OF ANY TYPE, ARE ALSO COVERED BY THE SCOPE OF THIS INVESTIGATION. THE HITCH AND HANDLE MAY BE PERMANENTLY ATTACHED OR REMOVABLE, AND THEY MAY BE ATTACHED ON OPPOSITE SIDES OR ON THE SAME SIDE OF THE LAWN GROOMER. LAWN GROOMERS DESIGNED TO INCORPORATE A HITCH, BUT WHERE THE HITCH IS NOT ATTACHED TO THE LAWN GROOMER, ARE ALSO INCLUDED IN THE SCOPE OF THE INVESTIGATION. LAWN SWEEPERS CONSIST OF A FRAME, AS WELL AS A SERIES OF BRUSHES ATTACHED TO AN AXLE OR SHAFT WHICH ALLOWS THE BRUSHING COMPONENT TO ROTATE. LAWN SWEEPERS ALSO INCLUDE A CONTAINER (WHICH IS A RECEPTACLE INTO WHICH DEBRIS SWEPT FROM THE LAWN OR TURF IS DEPOSITED) SUPPORTED BY THE FRAME. AERATORS CONSIST OF A FRAME, AS WELL AS AN AERATING COMPONENT THAT IS ATTACHED TO AN AXLE OR WHICH ALLOWS THE AERATING COMPONENT TO ROTATE. THE SHAFT AERATING COMPONENT IS MADE UP OF A SET OF KNIVES FIXED TO A PLATE (KNOWN AS A PLUG AERATOR), A SERIES OF DISCS WITH PROTRUDING SPIKES(A SPIKE AERATOR), OR ANY OTHER CONFIGURATION, THAT ARE DESIGNED TO CREATE HOLES OR CAVITIES IN A LAWN OR TURF SURFACE. DETHATCHERS CONSIST OF A FRAME, AS WELL AS A SERIES OF TINES DESIGNED TO REMOVE MATERIAL (E.G., DEAD GRASS OR LEAVES) OR OTHER DEBRIS FROM THE LAWN OR TURF. THE DETHATCHER TINES ARE ATTACHED TO AND SUSPENDED FROM THE FRAME. LAWN SPREADERS CONSIST OF A FRAME, AS WELL AS A HOPPER (I.E., A CONTAINER OF ANY SIZE, SHAPE, OR MATERIAL) THAT HOLDS A MEDIA TO BE SPREAD ON THE LAWN OR TURF. THE MEDIA CAN BE DISTRIBUTED BY MEANS OF A ROTATING SPREADER PLATE THAT BROADCASTS THE MEDIA (BROADCAST SPREADER), A ROTATING AGITATOR THAT ALLOWS THE MEDIA TO BE RELEASED AT A CONSISTENT RATE (DROP SPREADER), OR ANY OTHER CONFIGURATION. LAWN DETHATCHERS WITH A NET FULLY-ASSEMBLED WEIGHT (I.E., WITHOUT PACKING, ADDITIONAL WEIGHTS, OR ACCESSORIES) OF 100 POUNDS OR LESS ARE COVERED BY THE SCOPE OF THE INVESTIGATION. OTHER LAWN GROOMERS-SWEEPERS, AERATORS, AND SPREADERS WITH A NET FULLY- ASSEMBLED WEIGHT (I.E., WITHOUT PACKING, ADDITIONAL WEIGHTS, OR ACCESSORIES) OF 200 POUNDS OR LESS ARE COVERED BY THE SCOPE OF THE INVESTIGATION. ALSO INCLUDED IN THE SCOPE OF THE INVESTIGATION ARE MODULAR UNITS, CONSISTING OF A CHASSIS THAT IS DESIGNED TO INCORPORATE A HITCH, WHERE THE HITCH MAY OR MAY NOT BE INCLUDED, WHICH ALLOWS MODULES THAT PERFORM SWEEPING, AERATING, DETHATCHING, OR SPREADING OPERATIONS TO BE INTERCHANGED. MODULAR UNITS WHEN IMPORTED WITH ONE OR MORE LAWN GROOMING MODULES WITH A FULLY ASSEMBLED NET WEIGHT (I.E., WITHOUT PACKING, ADDITIONAL WEIGHTS, OR ACCESSORIES) OF 200 POUNDS OR LESS WHEN INCLUDING A SINGLE MODULE, ARE INCLUDED IN THE SCOPE OF THE INVESTIGATION. MODULAR UNIT 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 INVESTIGATION. WHEN IMPORTED SEPARATELY, MODULES THAT ARE DESIGNED TO PERFORM SUBJECT LAWN GROOMING FUNCTIONS (I.E., SWEEPING, AERATING, DETHATCHING, OR SPREADING), WITH A FULLY ASSEMBLED NET WEIGHT (I.E., WITHOUT PACKING, ADDITIONAL WEIGHTS, OR ACCESSORIES) OF 75 POUNDS OR LESS, AND THAT ARE IMPORTED WITH OR WITHOUT A HITCH, ARE ALSO COVERED BY THE SCOPE. LAWN GROOMERS, ASSEMBLED OR UNASSEMBLED, ARE COVERED BY THIS INVESTIGATION. FOR PURPOSES OF THIS INVESTIGATION, UNASSEMBLED LAWN GROOMERS CONSIST OF EITHER 1) ALL PARTS NECESSARY TO MAKE A FULLY ASSEMBLED LAWN GROOMER, OR 2) ANY COMBINATION OF PARTS, CONSTITUTING A LESS THAN COMPLETE, UNASSEMBLED LAWN GROOMER, WITH A MINIMUM OF TWO OF THE FOLLOWING MAJOR COMPONENTS: 1) AN ASSEMBLED OR UNASSEMBLED BRUSH HOUSING DESIGNED TO BE USED IN A LAWN SWEEPER, WHERE A BRUSH HOUSING IS DEFINED AS A COMPONENT HOUSING THE BRUSH ASSEMBLY, AND CONSISTING OF A WRAPPER WHICH COVERS THE BRUSH ASSEMBLY AND TWO END PLATES ATTACHED TO THE WRAPPER; 2) A SWEEPER BRUSH; 3) AN AERATOR OR DETHATCHER WEIGHT TRAY, OR SIMILAR COMPONENT DESIGNED TO ALLOW WEIGHTS OF ANY SORT TO BE ADDED TO THE UNIT; 4) A SPREADER HOPPER; 5) A ROTATING SPREADER PLATE OR AGITATOR, OR OTHER COMPONENT DESIGNED FOR DISTRIBUTING MEDIA IN A LAWN SPREADER; 6) DETHATCHER TINES; 7) AERATOR SPIKES, PLUGS, OR OTHER AERATING COMPONENT; OR 8) A HITCH. THE MAJOR COMPONENTS OR PARTS OF LAWN GROOMERS THAT ARE INDIVIDUALLY COVERED BY THIS INVESTIGATION UNDER THE TERM CERTAIN PARTS THEREOF ARE: (1) BRUSH HOUSINGS, WHERE THE WRAPPER AND END PLATES INCORPORATING THE BRUSH ASSEMBLY MAY BE INDIVIDUAL PIECES OR A SINGLE PIECE; AND (2) WEIGHT TRAYS, OR SIMILAR COMPONENTS DESIGNED TO ALLOW WEIGHTS OF ANY SORT TO BE ADDED TO A DETHATCHER OR AN AERATOR UNIT. THE PRODUCTS FOR WHICH RELIEF IS SOUGHT SPECIFICALLY EXCLUDE THE FOLLOWING: 1) AGRICULTURAL IMPLEMENTS DESIGNED TO WORK (E.G., CHURN, BURROW, TILL, ETC.) SOIL, SUCH AS CULTIVATORS, HARROWS, AND PLOWS; 2) LAWN OR FARM CARTS AND WAGONS THAT DO NOT GROOM LAWNS; 3) GROOMING PRODUCTS INCORPORATING A MOTOR OR AN ENGINE FOR THE PURPOSE OF OPERATING AND/OR PROPELLING THE LAWN GROOMER; 4) LAWN GROOMERS THAT ARE DESIGNED TO BE HAND HELD OR ARE DESIGNED TO BE ATTACHED DIRECTLY TO THE FRAME OF A VEHICLE, RATHER THAN TOWED; 5) PUSH LAWN GROOMING PRODUCTS THAT INCORPORATE A PUSH HANDLE RATHER THAN A HITCH, AND WHICH ARE DESIGNED SOLELY TO BE MANUALLY OPERATED; 6) DETHATCHERS WITH A NET ASSEMBLED WEIGHT (I.E., WITHOUT PACKING, ADDITIONAL WEIGHTS, OR ACCESSORIES) OF MORE THAN 100 POUNDS, OR LAWN GROOMERS- SWEEPERS, AERATORS, AND SPREADERS WITH A NET FULLY-ASSEMBLED WEIGHT(I.E., WITHOUT PACKING, ADDITIONAL WEIGHTS, OR ACCESSORIES) OF MORE THAN 200 POUNDS; AND 7) LAWN ROLLERS DESIGNED TO FLATTEN GRASS AND TURF, INCLUDING LAWN ROLLERS WHICH INCORPORATE AN AERATOR COMPONENT (E.G., DRUM-STYLE SPIKE AERATORS). THE LAWN GROOMERS THAT ARE THE SUBJECT OF THIS INVESTIGATION ARE CURRENTLY CLASSIFIABLE IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) STATISTICAL REPORTING NUMBERS 8432.40.0000, 8432.80.0000, 8432.80.0010, 8432.90.0030, 8432.90.0080, 8479.89.9896, 8479.89.9897, 8479.90.9496, AND 9603.50.0000. THESE HTSUS PROVISIONS ARE GIVEN FOR REFERENCE AND CUSTOMS PURPOSES ONLY, AND THE DESCRIPTION OF MERCHANDISE IS DISPOSITIVE FOR DETERMINING THE SCOPE OF THE PRODUCT INCLUDED IN THIS INVESTIGATION. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-570-939. 4. FOR IMPORTS OF LAWN GROOMERS AND CERTAIN PARTS THEREOF FROM PRC, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/28/2009. EFFECTIVE 01/28/2009 CBP SHALL REQUIRE, FOR ENTRIES OF LAWN GROOMERS AND CERTAIN PARTS THEREOF FROM THE EXPORTER/PRODUCER COMBINATIONS LISTED BELOW, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE ANTIDUMPING DUTY MARGINS SHOWN BELOW: EXPORTER: PRINCEWAY LIMITED ("LTD.") PRODUCER: PRINCEWAY FURNITURE (DONG GUAN) CO., LTD. CASE NUMBER: A-570-930-001 DUTY MARGIN: 12.07 PERCENT EXPORTER: JIANSHAN SUPERPOWER TOOLS CO., LTD. PRODUCER: JIANSHAN SUPERPOWER TOOLS CO., LTD. CASE NUMBER: A-570-939-002 DUTY MARGIN: 324.28 PERCENT EXPORTER: QINGDAO HUATIAN TRUCK CO., LTD. PRODUCER: QINGDAO HUATIAN TRUCK CO., LTD. CASE NUMBER: A-570-939-003 DUTY MARGIN: 168.18 EXPORTER: NANTONG D & B MACHINERY CO., LTD. PRODUCER: NANTONG D & B MACHINERY CO., LTD. CASE NUMBER: A-570-939-004 DUTY MARGIN: 168.18 PERCENT PRC-ENTITY CASE NUMBER: A-570-939-000 DUTY MARGIN: 324.43 PERCENT JIASHAN SUPERPOWER TOOLS CO., LTD'S CASH DEPOSIT RATE HAS BEEN ADJUSTED FOR THE 0.15 PERCENT EXPORT SUBSIDY RATE DETERMINED FOR JIASHAN SUPERPOWER TOOLS CO., LTD. IN THE COMPANION PRELIMINARY AFFIRMATIVE COUNTERVAILING DUTY DETERMINATION OF LAWN GROOMERS AND CERTAIN PARTS THEREOF FROM THE PRC (73 FR 70971, 11/24/2008) (C-570-940-002). IN ADDITION, FOR ALL SEPARATE-RATE RECIPIENTS THAT WERE NOT SELECTED AS MANDATORY RESPONDENTS, WE ARE REQUIRING AN ANTIDUMPING CASH DEPOSIT OR THE POSTING OF A BOND FOR EACH ENTRY EQUAL TO THE AVERAGE OF THE MARGINS CALCULATED FOR THE MANDATORY RESPONDENTS (I.E., PRINCEWAY LTD./PRINCEWAY FURNITURE (DONG GUAN) CO., LTD. AND JIASHAN SUPERPOWER TOOLS CO., LTD.), ADJUSTED FOR THEIR RESPECTIVE EXPORT SUBSIDY RATES. 5. FOR ALL OTHER ENTRIES OF LAWN GROOMERS AND CERTAIN PARTS THEREOF FROM PRC, THE FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY: A. FOR ALL PRC EXPORTERS OF LAWN GROOMERS AND CERTAIN PARTS THEREOF FROM PRC, WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING RATE WILL BE THE PRC-WIDE RATE. B. FOR ALL NON-PRC EXPORTERS OF LAWN GROOMERS AND CERTAIN PARTS THEREOF FROM PRC WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING RATE WILL BE THE RATE APPLICABLE TO THE PRODUCER/EXPORTER COMBINATIONS THAT SUPPLIED THAT NON-PRC EXPORTER. 6. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS. 7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O4: TEM). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE

Frequently asked questions

What is CSMS 9034201?

CSMS 9034201 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDMP DUTY INVESTIGATION OF CERTAIN TOW BEHIND LAWN GROOMERS AND CERTAIN PARTS FROM CHINA (A-570-939)". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 9034201 published?

CBP published CSMS 9034201 on February 3, 2009. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Which AD/CVD cases does CSMS 9034201 affect?

CSMS 9034201 references 3 AD/CVD cases (A-570-930, A-570-939, C-570-940). The links on this page take you to each linked order with its current scope, rates, and history.

Is the CBP CSMS the legally binding instruction?

Learn more

Tandom guides relevant to CBP CSMS messages

Trade compliance APIs in broker workflows

Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.

Open resource

Find the right manufacturer or exporter rate in an AD/CVD order

Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.