MESSAGE NO: 3005112 DATE: 1/5/1993

CATEGORY: ADA TYPE: PRE

REFERENCE: REFERENCE DATE:

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

PERIOD COVERED: 01/04/1993

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: PRELIMINARY DETERMINATIONS ON PROFESSIONAL ELECTRIC, CUTTING TOOLS
(PECTS) AND PROFESSIONAL ELECTRIC SANDING, TOOLS (PESGTS) FROM JAPAN
(010493 IS FED. REG. DATE)

1\. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL REGISTER ON
JANUARY 4, 1993, NOTICE OF ITS PRELIMINARY 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 SAWS, CURRENTLY CLASSIFIABLE UNDER
SUBHEADING 8465 OF THE HTSUS; AND BAND SAWS WITH DETACHABLE BASES, ALSO
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\" CONSUMER ELECTRIC CUTTING TOOLS AND CONSUMER
ELECTRIC SANDING/GRINDING TOOLS ARE NOT INCLUDED WITHIN THE SCOPE OF
THESE INVESTIGATIONS. \"CORDED\" CONSUMER ELECTRIC POWER TOOLS (CEPTS),
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 SLEEVE OR PLAIN BEARINGS (I.E., A MAJORITY
OR GREATER NUMBER OF THE BEARINGS IN THE TOOL ARE SLEEVE OR PLAIN
BEARINGS);

\(2\) SPUR OR STRAIGHT LEVEL GEARING;

\(3\) A THEROM-PLASTIC JACKETED POWER SUPPLY CORD WITH A LENGTH OF LESS
THAN EIGHT FEET;

\(4\) A POWER SUPPLY CORD RESTRAINED BY A MOLDED-ON CORD PROTECTOR;

\(5\) THE ABSENCE OF USER-SERVICEABLE MOTOR BRUSHES;

\(6\) THE PREDOMINANT USE OF NON-HEAT TREATED TRANSMISSION PARTS (I.E.,
A MAJORITY OR GREATER NUMBER OF THE TRANSMISSION PARTS IN THE TOOL ARE
NOT HEAT TREATED); AND

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

IF A \"CORDED\" CEPT POSSESSES ONLY SIX OF THE SEVEN CHARACTERISTICS,
THEN THE TOOL MUST HAVE AT LEAST FOUR OF THE SIX CHARACTERISTICS.

\"CORDLESS\" CEPTS ARE DISTINGUISHABLE FROM PROFESSIONAL ELECTRIC
\"CORDLESS\" TOOLS BY VOLTAGE. WE PRELIMINARILY FIND THAT THE VOLTAGE OF
\"CORDLESS\" CEPTS DOES NOT EXCEED 7.2 VOLTS. ANY CORDLESS CUTTING OR
SANDING/GRINDING TOOL OVER 7.2 VOLTS IS COVERED. PLEASE SEE PARAGRAPHS
5, 6, AND 7 FOR A LISTING OF COMPANY-SPECIFIC PRODUCTS EXCLUDED FROM
THESE INVESTIGATIONS.

WE HAVE EXAMINED THE COMMENTS OF ALL PARTIES IN REACHING THESE
PRELIMINARY DETERMINATIONS. NONETHELESS, GIVEN THE COMPLICATED NATURE OF
THESE ISSUES, WE INVITE ALL PARTIES TO COMMENT ON OUR PRELIMINARY
DETERMINATION OF THE SCOPE OF THESE PROCEEDINGS. WE ARE ESPECIALLY
INTERESTED IN COMMENTS REGARDING CRITERIA DEFINING \"CORDED\"
PROFESSIONAL POWER TOOLS, RATHER THAN \"CORDED\" CEPTS, AND ADDITIONAL
CRITERIA THAT SHOULD BE CONSIDERED IN DISTINGUISHING PROFESSIONAL AND
CONSUMER CORDLESS TOOLS. SUCH COMENTS SHOULD BE SUBMITTED TO THE
DEPARTMENT NOT LATER THAN FEBRUARY 1, 1993. 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 AND 8508.80.00.65. PESGTS ARE CURRENTLY
CLASSIFIABLE UNDER THE FOLLOWING SUBHEADINGS OF THE HTSUS:
8508.80.00.10, 8508.80.00.15, 8508.80.00.25, 8508.80.00.35, AND
8508.80.00.90. ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN DISCRIPTIONS OF THE SCOPES
OF THESE PROCEEDINGS ARE DISPOSITIVE.

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\. FOR ALL EXPORTS OF PECTS AND PESGTS FROM JAPAN. THE CUSTOMS SERVICE
SHALL SUSPEND LIQUIDATION OF SUCH MERCHANDISE THAT IS ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OF AFTER JANUARY 4, 1993,
AND SHALL REQUIRE A CASH DEPOSIT OR POSTING OF A BOND EQUAL TO THE
APPROPRIATE ESTIMATED PRELIMINARY MARGIN PERCENTAGES LISTED BELOW:

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

MAKITA CORPORATION A-588-210-001 41.17% PECTS

ALL OTHERS A-588-210-000 41.17% PECTS

MAKITA CORPORATION A-588-211-001 38.98% PESGTS

ALL OTHERS A-588-211-000 38.98% 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

HAND-OPERATED CUTTING TOOLS:

MAKITA MODEL NUMBER TYPE OF TOOL 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 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 9036
FINISHING SANDER 9200YBK WAX-MATE 9200YR WAX-MATE 9200YV WAX-MATE 9200Y
WAX-MATE B04550 ORBITAL SANDER B04550Z ORBITAL SANDER B05000 ORBITAL
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 W201S
BEAM 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

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 BY 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