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
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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