MESSAGE NO: 3147111 DATE: 5/27/1993

CATEGORY: ADA TYPE: FIN

REFERENCE: REFERENCE DATE:

CASES: A-588-210, A-588-211

PERIOD COVERED:

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS, DISTRICT DIRECTORS, AREA
AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: FINAL DETERMINATIONS IN THE ANTIDUMPING DUTY, INVESTIGATIONS OF
PROFESSIONAL ELECTRIC CUTTING/SANDING/, GRINDING TOOLS FM JAPAN
(A-588-210 & A-588-211)

1\. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL REGISTER ON
MAY 26, 1993, NOTICE OF ITS FINAL DETERMINATIONS THAT PECTS AND PESGTS
FROM JAPAN ARE BEING, OR ARE LIKELY TO BE SOLD IN THE UNITED STATES AT
LESS THAN FAIR VALUE.

2\. THESE INVESTIGATIONS COVER TWO CLASSES OR KINDS OF MERCHANDISE,
PECTS AND PESGTS. THE TOOLS MAY BE ASSEMBLED OR UNASSEMBLED AND CORDED
OR CORDLESS.

THE TERM \"ELECTRIC\" ENCOMPASSES ELECTROMECHANICAL DEVICES, INCLUDING
TOOLS WITH ELECTRONIC VARIABLE SPEED FEATURES.

THE TERM \"ASSEMBLED\" INCLUDES UNFINISHED OR INCOMPLETE ARTICLES, WHICH
HAVE THE ESSENTIAL CHARACTERISTICS OF THE FINISHED OR COMPLETE TOOL.

THE TERM \"UNASSEMBLED\" MEANS COMPONENTS, WHICH WHEN TAKEN AS A WHOLE,
CAN BE CONVERTED INTO THE FINISHED OR UNFINISHED OR INCOMPLETE TOOL
THROUGH SIMPLE ASSEMBLY OPERATIONS, E.G., KITS.

PECTS HAVE BLADES OR OTHER CUTTING DEVICES USED FOR CUTTING WOOD, METAL,
AND OTHER MATERIALS. PECTS INCLUDE CHOP SAWS, CIRCULAR SAWS, JIG SAWS,
RECIPROCATING SAWS, MITER SAWS, PORTABLE BAND SAWS, CUT-OFF MACHINES,
SHEARS, NIBBLERS, PLANERS, ROUTERS, JOINERS, JOINTERS, METAL CUTTING
SAWS, AND SIMILAR CUTTING TOOLS.

PESGTS HAVE MOVING ABRASIVE SURFACES USED PRIMARILY FOR GRINDING,
SCRAPING, CLEANING, DEBURRING, AND POLISHING WOOD, METAL, AND OTHER
MATERIALS. PESGTS INCLUDE ANGLE GRINDERS, FINISHING SANDERS, DISC
SANDERS, ORBITAL SANDERS, BELT SANDERS, POLISHERS, STRAIGHT GRINDERS,
DIE GRINDERS, AND SIMILAR SANDING/GRINDING TOOLS.

THE PRODUCTS SUBJECT TO THESE INVESTIGATIONS INCLUDE ALL HAND-HELD PECTS
AND PESGTS AND CERTAIN BENCH-TOP, HAND-OPERATED PECTS.

HAND-OPERATED TOOLS ARE DESIGNED SO THAT ONLY THE FUNCTIONAL OR MOVING
PART IS HELD AND MOVED BY HAND WHILE IN USE, THE WHOLE BEING DESIGNED TO
REST ON A TABLE TOP, BENCH, OR OTHER SURFACE. BENCH-TOP TOOLS, ARE SMALL
STATIONARY TOOLS THAT CAN BE MOUNTED OR PLACED ON A TABLE OR BENCH. THEY
ARE GENERALLY DISTINGUISHABLE FROM OTHER STATIONARY TOOLS BY SIZE AND
EASE OF MOVEMENT.

THE SCOPE OF THE PECT INVESTIGATION INCLUDES ONLY THE FOLLOWING
BENCH-TOP, HAND-OPERATED TOOLS: CUT-OFF SAWS; PVC SAWS; CHOP SAWS;
CUT-OFF MACHINES, CURRENTLY CLASSIFIABLE UNDER SUBHEADING 8461 OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS); ALL TYPES OF
MITER SAWS, INCLUDING SLIDE COMPOUND MITER SAWS AND COMPOUND MITER SAWS,
CURRENTLY CLASSIFIABLE UNDER SUBHEADING 8465 OF THE HTSUS;AND BAND SAWS
WITH DETACHABLE BASES, ALSO CURRENTLY CLASSIFIABLE UNDER SUBHEADING 8465
OF THE HTSUS.

THESE INVESTIGATION DO NOT INCLUDE:

PROFESSIONAL ELECTRIC DRILLING/FASTENING TOOLS; LAWN AND GARDEN TOOLS;
HEAT GUNS; PAINT AND WALLPAPER STRIPPERS; AND CHAIN SAWS, CURRENTLY
CLASSIFIABLE UNDER SUBHEADING 8508 OF THE HTSUS.

PARTS OR COMPONENTS OF PECTS AND PESGTS WHEN THEY ARE IMPORTED AS KITS,
OR AS ACCESSORIES IMPORTED TOGETHER WITH COVERED TOOLS, ARE INCLUDED
WITHIN THE SCOPE OF THESE INVESTIGATIONS.

\"CORDED\" AND \"CORDLESS\" PECTS AND PESGTS ARE INCLUDED WITHIN THE
SCOPE OF THESE INVESTIGATIONS. \"CORDED\" PROFESSIONAL ELECTRIC POWER
TOOLS (PEPTS), WHICH ARE DRIVEN BY ELECTRICAL CURRENT PASSED THROUGH A
POWER CORD, ARE, FOR PURPOSES OF THESE INVESTIGATIONS, DEFINED AS POWER
TOOLS WHICH HAVE AT LEAST FIVE OF THE FOLLOWING SEVEN CHARACTERISTICS:

\(1\) THE PREDOMINANT USE OF BALL, NEEDLE OR ROLLER BEARINGS (I.E., A
MAJORITY OR GREATER NUMBER OF THE BEARINGS IN THE TOOL ARE BALL, NEEDLE
OR ROLLER BEARINGS);

\(2\) HELICAL, SPIRAL BEVEL OR WORM GEARING:

\(3\) RUBBER (OR SOME EQUIVALENT MATERIAL WHICH MEETS UL\'S
SPECIFICATIONS S OR SJ) JACKETED POWER SUPPLY CORD WITH A LENGTH OF 8
FEET OR MORE;

\(4\) A POWER SUPPLY CORD WITH A SEPARATE CORD PROTECTOR;

\(5\) EXTERNALLY ACCESSIBLE MOTOR BRUSHES;

\(6\) THE PREDOMINANT USE OF HEAT TREATED TRANSMISSION PARTS (I.E., A
MAJORITY OR GREATER NUMBER OF THE TRANSMISSION PARTS IN THE TOOL ARE
HEAT TREATED); AND

\(7\) THE PRESENCE OF MORE THAN ONE COIL PER SLOT ARMATURE.

IF ONLY SIX OF THE ABOVE SEVEN CHARACTERISTICS ARE APPLICABLE TO A
PARTICULAR \"CORDED\" TOOL, THEN THAT TOOL MUST HAVE AT LEAST FOUR OF
THE SIX CHARACTERISTICS TO BE CONSIDERED A \"CORDED\" PEPT.

\"CORDLESS\" PEPTS, FOR THE PURPOSES OF THESE PURPOSES OF THESE
INVESTIGATIONS, CONSIST OF THOSE CORDLESS ELECTRIC POWER TOOLS HAVING A
VOLTAGE OF GREATER THAN 7.2 VOLTS AND A BATTERY RECHARGE TIME OF ONE
HOUR OR LESS.

PECTS ARE CURRENTLY CLASSIFIABLE UNDER THE FOLLOWING SUBHEADINGS OF THE
HTSUS: 8508.20.00.20, 8508.20.00.70, 8508.20.00.90, 8461,50,00.20,
8465.91.00.35, 8508.80.00.55, 8508.80.00.65 AND 8508.80.00.90.

PESGTS ARE CURRENTLY CLASSIFIABLE UNDER THE FOLLOWING SUBHEADINGS OF THE
HTSUS: 8508.80.00.10, 8508.80.00.15, 8508.80.00.25 AND 8508.80.00.35.
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES, OUR WRITTEN DESCRIPTIONS OF THE SCOPE OF THESE PROCEEDINGS ARE
DISPOSITIVE.

PLEASE SEE PARAGRAPHS 5, 6, 7, 8 AND 9 FOR A LISTING OF COMPANY-SPECIFIC
PRODUCTS EXCLUDED FROM THESE INVESTIGATIONS.

3\. FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN ASSIGNED THE
FOLLOWING INVESTIGATION NUMBER A-588-823. THIS NUMBER SHOULD BE USED
WHEN DEALING WITH THE DEPARTMENT OF COMMERCE ONLY. THE CUSTOMS
IDENTIFICATION NUMBERS (BELOW) ARE TO BE USED FOR CUSTOMS IDENTIFICATION
PURPOSES.

4\. THE U.S. CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF
ALL ENTRIES OF PECTS AND PESGTS FRO JAPAN THAT ARE ENTERED OR WITHDRAWN
FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER MAY 26, 1993, AND SHALL
REQUIRE A CASH DEPOSIT OR POSTING OF A BOND EQUAL TO THE APPROPRIATE
ESTIMATED FINAL MARGIN PERCENTAGES LISTED BELOW:

MANUFACTURER/PRODUCER/ IDENTIFICATION WEIGHTED-AVERAGE EXPORTER NUMBER
MARGIN PERCENTGAGE

MAKITA CORPORATION A-588-210-001 54.43% PECTS

ALL OTHERS A-588-210-000 54.43% PECTS

MAKITA CORPORATION A-588-211-001 46.75% PESGTS

ALL OTHERS A-588-211-000 46.75% PESGTS

5\. THE FOLLOWING IS A LIST OF MAKITA\'S PRODUCTS EXPORTED TO THE UNITED
STATES AND EXCLUDED FROM THE SCOPE OF THESE INVESTIGATIONS:

CORDLESS CUTTING TOOLS:

MAKITA MODEL NUMBER TYPE OF TOOL 3700D TRIMMER 3700DW TRIMMER 3700DQK
TRIMMER 4307D JIG SAW 4307DW JIG SAW

CORDED CUTTING TOOLS:

MAKITA MODEL NUMBER TYPE OF TOOL

4320 JIG SAW

HAND-OPERATED CUTTING TOOLS:

MAKITA MODEL NUMBER TYPE OF TOOL

B180 BAND SAW B181 BAND SAW KP300 PLANING MACHINE LAP300R PLANING
MACHINE LAP300S PLANING MACHINE LAP400 PLANING MACHINE LA450 PLANING
MACHINE LA450SP PLANING MACHINE LA451 PLANING MACHINE LA451SP PLANING
MACHINE LB100 BAND SAW LG200 SHAPING MACHINE LJ310 PLANING MACHINE LJ311
PLANING MACHINE LK510 PLANING MACHINE LM3001 WOODWORKING MACHINE LM450
WOODWORKING MACHINE LM450SP WOODWORKING MACHINE LM451 WOODWORKING
MACHINE LM451SP WOODWORKING MACHINE LPE500 PLANING MACHINE LPE650
PLANING MACHINE LP1802C WOOD SURFACING MACHINE LP1802CSP WOOD SURFACING
MACHINE LP2502C WOOD SURFACING MACHINE LP2502CSP WOOD SURFACING MACHINE
LP2521 WOOD SURFACING MACHINE LP2523 WOOD SURFACING MACHINE LP300 WOOD
SURFACING MACHINE NPE450 PLANING MACHINE PP180 PUNCHER SJ350 SCROLL SAW
SJ500 SCROLL SAW SJ700 SCROLL SAW 2004 PLANER/JOINTER 2006
PLANER/JOINTER 2012 PLANER 2012SP PLANER 2020 PLANER/JOINTER 2030
PLANER/JOINTER 2030N PLANER/JOINTER 2030NC PLANER/JOINTER 2032
PLANER/JOINTER 2033 PLANER/JOINTER 2033C PLANER/JOINTER 2040 PLANER
2114C BAND SAW 2116A BAND SAW 2116ASP BAND SAW 2116A3 BAND SAW 2116A3SP
BAND SAW 2516 STATIONARY ROUTER 2516C STATIONARY ROUTER 2516CSP
STATIONARY ROUTER 2516N STATIONARY ROUTER 2516S STATIONARY ROUTER 2700
TABLE SAW 2700N TABLE SAW 2700NTP TABLE SAW 2708 TABLE SAW 2708W TABLE
SAW 2711 TABLE SAW 5500B TENONING MACHINE 5500S TENONING MACHINE 5500SSP
TENONING MACHINE 5500T TENONING MACHINE 5500T3 TENONING MACHINE 5501
TENONING MACHINE 55013 TENONING MACHINE 55013SP TENONING MACHINE 7001
CHISEL MORTISER 7300S CHISEL MORTISER 7304 CHISEL MORTISER 7305 CHISEL
MORTISER 7305H CHISEL MORTISER 7305HKI CHISEL MORTISER 7305L CHISEL
MORTISER 2031 PLANER 2031NC PLANER

GARDENING TOOLS: MAKITA MODEL NUMBER TYPE OF TOOL UH3000 HEDGE TRIMMER
UH3000D HEDGE TRIMMER UH3000DW HEDGE TRIMMER UH301DW HEDGE TRIMMER
UH302DW HEDGE TRIMMER UH3070DW HEDGE TRIMMER UH3500 HEDGE TRIMMER UH4500
HEDGE TRIMMER UH4510A HEDGE TRIMMER UH4600 HEDGE TRIMMER UH6300 HEDGE
TRIMMER UM1000D GRASS SHEAR UM1000DW GRASS SHEAR UM1070DW GRASS SHEAR
UM1200D GRASS TRIMMER UM120DW GRASS TRIMMER UM1270DW GRASS TRIMMER
UM160DW GRSSS CUTTER UM1690DW GRASS CUTTER UM1691D GRASS CUTTER UM1691DQ
GRASS CUTTER UM1691DW GRASS CUTTER UM170 LAWN MOWER UM230 LAWN MOWER
UM2301 GRASS CUTTER UM2320 GRASS CUTTER UM250 GRASS CUTTER UM3010 LAWN
MOWER UM3100 LAWN MOWER UM350 GRASS CUTTER UM3520 GRASS CUTTER 4601DW
PRUNING SHEAR 4603DW PRUNING SHEAR 4610D PRUNING SHEAR 4610DW PRUNING
SHEAR UH301D HEDGE TRIMMER UH6310A HEDGE TRIMMER

CORDLESS SANDING/GRINDING TOOLS: MAKITA MODEL NUMBER TYPE OF TOOL 9500D
GRINDER 9500DW GRINDER 9035D FINISHING SANDER 9035DW FINISHING SANDER
9200D POLISHER 9200DW POLISHER

CORDED SANDING/GRINDING TOOLS: MAKITA MODEL NUMBER TYPE OF TOOL

9035 FINISHING SANDER 9035N FINISHING SANDER 9036 FINISHING SANDER
9200YBK WAX-MATE 9200YR WAX-MATE 9200YV WAX-MATE 9200Y WAX-MATE 9514B
FINISHING SANDER B04550 ORBITAL SANDER B04550Z ORBITAL SANDER B05000
ORBITAL SANDER

M901 FINISHING SANDER M903 FINISHING SANDER M904 FINISHING SANDER

HAND OPERATED SANDING/GRINDING TOOLS: MAKITA MODEL NUMBER TYPE OF TOOL
GL500 KNIFE GRINDING MACHINE 9300 BENCH GRINDER 9306 BENCH GRINDER 9306S
BENCH GRINDER 9306SW BENCH GRINDER 9308 BENCH GRINDER 9800 BENCH GRINDER
9803 SAW BLADE SHARPENER 9804 KNIFE GRINDER 9820 ELECTRIC SHARPENER
98201 ELECTRIC SHARPENER 98202 ELECTRIC SHARPENER

6\. THE FOLLOWING IS A LIST OF RYOBI\'S PRODUCTS EXPORTED TO THE UNITED
STATES AND EXCLUDED FROM THESE INVESTIGATIONS:

CORDLESS SANDING/GRINDING TOOLS RYOBI MODEL NUMBER TYPE OF TOOL B0S40
ORBITAL SANDER

HAND-OPERATED CUTTING TOOLS RYOBI MODEL NUMBER TYPE OF TOOL AH115
PLANER-JOINTER AP10 PLANER-JOINTER AP125 PLANER-JOINTER BS50N BAND SAW
BS1100 BAND SAW BT2500 TABLE SAW BT3000 WOOD CUTTING SYSTEM CM30A CHAIN
MORTISER DM25A CHISEL MORTISER JP155 JOINTER-PLANER RA200 RADIAL ARM SAW
MACHINE SC160 SCROLL SAW

7\. THE FOLLOWING IS A LIST OF HITACHI\'S PRODUCTS EXPORTED TO THE
UNITED STATES AND EXCLUDED FROM THESE INVESTIGATIONS:

HAND-OPERATED CUTTING TOOLS HITACHI MODEL NUMBER TYPE OF TOOL C12Y TABLE
SAW CB75F BAND SAW CB100F BAND SAW CB18FA BAND SAW F1000A PLANER-JOINTER
P12R PLANING MACHINE P12RA PLANING MACHINE P100F PLANING MACHINE
GARDENING TOOLS HITACHI MODEL NUMBER TYPE OF TOOL FCH66 HEDGE TRIMMER
FH35SA HEDGE TRIMMER FH45 HEDGE TRIMMER

HAND-OPERATED SANDING/GRINDING TOOLS HITACHI MODEL NUMBER TYPE OF TOOL
NTG150 BENCH GRINDER GT13 BENCH GRINDER GT15 BENCH GRINDER GT21 BENCH
GRINDER

ATTACHMENT 2-D

8\. THE FOLLOWING IS A LIST OF TOOLS IMPORTED BY AMADA CUTTING
TECHNOLOGIES WHICH ARE EXCLUDED FROM THE SCOPE OF THESE INVESTIGATIONS.

HAND OPERATED CUTTING TOOLS AMADA CUTTING TECHNOLOGIES

MODEL \# TYPE OF TOOL

HFA-250W BAND SAW HFA-400W BAND SAW HFA-500 BAND SAW HFA-700 BAND SAW
HA-250W BAND SAW HA-400W BAND SAW HA-500 BAND SAW HA-700 BAND SAW
H-250SA BAND SAW H-250D BAND SAW H-400 BAND SAW H-650H BAND SAW H-700
BAND SAW H-1080 BAND SAW H-1300(L) BAND SAW H-650HD BAND SAW HK-800 BAND
SAW HKA-800 BAND SAW H-900HD BAND SAW

9\. THE FOLLOWING IS A LIST OF TOOLS IMPORTED BY PAUL GESSWEIN COMPANY
WHICH ARE EXCLUDED FROM THE SCOPE OF THESE INVESTIGATIONS

HAND HELD CUTTING AND SANDING/GRINDING TOOLS

PAUL GESSWEIN COMPANY

MODEL \# TYPE OF TOOL

Z-15X HIGH TORQUE ROTARY #510-2170 Z-30X GENERAL PURPOSE ROTARY
#510-2180 Z-20X SLIMLINE ROTARY #510-2177 Z-35X SLIMLINE ROTARY
#510-2187 Z-55X SUPER HIGH SPEED ROTARY #510-2190 RX-15X RIGHT ANGLE
ROTARY #510-2120 RZ-15X RIGHT ANGLE ROTARY #510-2120 SZX PROFILER
#510-2140 CZ-15X CONTRA ANGLE ROTARY #510-2125 BZX BELT SANDER #510-2130
Z-2X RECIPRO #510-2150 Z-6X RECIPRO #510-2160 Z-SLX SLENDER HEAD
#501-2220 Z-ANX ANGEL HEAD #510-2240 Z-CNX ANGLE HEAD #510-2250 Z-STX
STANDARD HEAD #510-2200 Z-ARX AIR HEAD #510-2210 Z-HDX HEAVY DUTY HEAD
#510-2230 Z-M15X MOTOR ASSEMBLY #510-2175 Z-M30X MOTOR ASSEMBLY
#510-2185 Z-M20X MOTOR ASSEMBLY #510-2178 Z-M35X MOTOR ASSEMBLY
#510-2188 Z-M55X MOTOR ASSEMBLY #510-2195

8\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE REFERRED TO THE IMPORT SPECIALIST DIVISION,
OTHER AGENCY BRANCH, CUSTOMS HEADQUARTERS VIA E-MAIL ATTRIBUTE \"HQ
OAB.\" THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
BRIAN SMITH OF THE OFFICE OF ANTIDUMPING INVESTIGATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, TELEPHONE (202) 482-1766.

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN