Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38395 

business purposes related to 

establishing and enforcing trademark 

rights. Information relating to the 

registration of a trademark is made 

publicly available by the USPTO. The 

release of information in a letter of 

protest is controlled and may be 

available upon request only. 

Affected Public: Business or other forprofit; not-for-profit institutions. 

Frequency: On occasion. 

Respondent’s Obligation: Voluntary. 

OMB Desk Officer: Nicholas A. Fraser, 

e-mail: 

Nicholas_A._Fraser@omb.eop.gov. 

Once submitted, the request will be 

publically available in electronic format 

through the Information Collection 

Review page at http://www.reginfo.gov. 

Paper copies can be obtained by: 

• E-mail: Susan.Fawcett@uspto.gov. 

Include ‘‘0651–0060 National Medal of 

Technology and Innovation Nomination 

Application copy request’’ in the subject 

line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan K. Fawcett. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, Administrative Management 

Group, U.S. Patent and Trademark 

Office, P.O. Box 1450, Alexandria, VA 

22313–1450. 

Written comments and 

recommendations for the proposed 

information collection should be sent on 

or before September 2, 2009 to Nicholas 

A. Fraser, OMB Desk Officer, via e-mail 

at Nicholas_A._Fraser@omb.eop.gov or 

by fax to 202–395–5167, marked to the 

attention of Nicholas A. Fraser. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer, Administrative 

Management Group. 

[FR Doc. E9–18357 Filed 7–31–09; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–939] 

Certain Tow Behind Lawn Groomers 

and Certain Parts Thereof from the 

People’s Republic of China: 

Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (the Department) and the 

International Trade Commission 

(‘‘ITC’’), the Department is issuing an 

antidumping duty order on certain tow 

behind lawn groomers and certain parts 

thereof (lawn groomers) from the 

People’s Republic of China (‘‘PRC’’). 

EFFECTIVE DATE: August 3, 2009 

FOR FURTHER INFORMATION CONTACT: 

Karine Gziryan, Thomas Martin or 

Zhulieta Willbrand, AD/CVD 

Operations, Office 4, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–4081, (202) 482– 

3936, and (202) 482–3147 respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 735(d) 

and 777(i)(1) of the Tariff Act of 1930, 

as amended (‘‘the Act’’), on March 31, 

2009, the Department published in the 

Federal Register its final determination 

in the instant investigation. 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). 

On July 27, 2009, the ITC notified the 

Department of its final determination, 

pursuant to section 705(b)(1)(A)(i) of the 

Act, that an industry in the United 

States is materially injured by reason of 

subsidized imports of subject 

merchandise from the PRC. See Tow– 

Behind Lawn Groomers From China, 

Investigation Nos. 701–TA–457 and 

731–TA–1153 (Final), USITC 

Publication 4090 (July 2009). 

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 


sroberts on DSKD5P82C1PROD with NOTICES
38396 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

1Namely, entries of lawn groomers from the PRC 

entered, or withdrawn from warehouse, for 

consumption after July 27, 2009, and before the date 

of publication of the ITC’s final injury 

determination in the Federal Register. 

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 

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. 

Provisional Measures 

Section 733(d) of the Act states that 

suspension of liquidation ordered 

pursuant to an affirmative preliminary 

determination may not remain in effect 

for more than four months except where 

exporters representing a significant 

proportion of exports of the subject 

merchandise request the Department to 

extend that four-month period to no 

more than six months. At the request of 

two exporters that accounted for a 

significant proportion of exports of lawn 

groomers, we extended the four-month 

period to no more than six months. See 

Certain Tow Behind Lawn Groomers 

and Certain Parts Thereof from the 

People’s Republic of China: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination, 74 FR 4929, 4936 

(January 28, 2009) (‘‘Preliminary 

Determination’’). In this investigation, 

the six-month period beginning on the 

date of the publication of the 

Preliminary Determination (i.e., January 

28, 2009) ended on July 27, 2009. 

Section 737 of the Act states that 

definitive duties are to begin on the date 

of publication of the ITC’s final injury 

determination. Therefore, in accordance 

with section 733(d) of the Act, we have 

instructed U.S. Customs and Border 

Protection (‘‘CBP’’) to terminate 

suspension of liquidation and to 

liquidate without regard to antidumping 

duties (i.e., release all bonds and refund 

all cash deposits), unliquidated entries 

of lawn groomers from the PRC entered, 

or withdrawn from warehouse, for 

consumption after July 27, 2009, and 

before the date of publication of the 

ITC’s final injury determination in the 

Federal Register. Suspension of 

liquidation will resume on the date of 

publication of the ITC’s final injury 

determination in the Federal Register. 

Antidumping Duty Order 

On July 27, 2009, in accordance with 

section 735(d) of the Act, the ITC 

notified the Department of its final 

determination, pursuant to section 

735(b)(1)(A)(i) of the Act, that an 

industry in the United States is 

materially injured by reason of less– 

than-fair–value imports of subject 

merchandise from the PRC. Therefore, 

in accordance with section 736(a)(1) of 

the Act, the Department will direct CBP 

to assess, upon further instruction by 

the Department, antidumping duties 

equal to the amount by which the 

normal value of the merchandise 

exceeds the export price of the 

merchandise for all relevant entries of 

lawn groomers from the PRC. Except for 

the entries noted above,1 these 

antidumping duties will be assessed on 

all unliquidated entries of lawn 

groomers from the PRC entered, or 

withdrawn from the warehouse, for 

consumption on or after January 28, 

2009, the date on which the Department 

published its Preliminary 

Determination. See Preliminary 

Determination. 

Effective on the date of publication of 

the ITC’s final affirmative injury 

determination, CBP will require, at the 

same time as importers would normally 

deposit estimated duties on this 

merchandise, a cash deposit based on 

the estimated weighted–average 

antidumping duty margins listed below. 

The cash deposit rate for all exporter– 

producer combinations not listed below 

will be equal to the estimated weighted– 

average antidumping duty margin 

applicable to the combination. The 

‘‘PRC–wide’’ rate applies to all exporters 

of subject merchandise not specifically 

listed. The weighted–average dumping 

margins are as follows: 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38397 

1Or the next business day, if the deadline falls 

on a weekend, federal holiday or any other day 

when the Department is closed. 

LAWN GROOMERS FROM THE PRC 

Exporter and Producer Weighted–Average 

Margin (Percent) 

Nantong D & B Machinery Co., Ltd. .............. 154.72 

Qingdao Huatian Truck 

Co., Ltd., a.k.a. 

Qingdao Huatian 

Hand Truck Co., Ltd. 154.72 

PRC–wide Entity (including Jiashan Superpower Tools Co., 

Ltd. and Princeway 

Furniture (Dong 

Guan) Co., Ltd.) ........ 386.28 

This notice constitutes the 

antidumping duty order with respect to 

lawn groomers from the PRC pursuant 

to section 736(a) of the Act. Interested 

parties may contact the Department’s 

Central Records Unit, Room 1117 of the 

main Commerce building, for copies of 

an updated list of antidumping duty 

orders currently in effect. 

This order is published in accordance 

with section 736(a) of the Act and 19 

CFR 351.211(b). 

Dated: July 29, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–18599 Filed 7–31–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Advance Notification of 

Sunset Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

Background 

Every five years, pursuant to section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) and the 

International Trade Commission 

automatically initiate and conduct a 

review to determine whether revocation 

of a countervailing or antidumping duty 

order or termination of an investigation 

suspended under section 704 or 734 of 

the Act would be likely to lead to 

continuation or recurrence of dumping 

or a countervailable subsidy (as the case 

may be) and of material injury. 

FOR FURTHER INFORMATION CONTACT: 

Hallie Zink, AD/CVD Operations, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street & Constitution 

Ave., NW, Washington, DC 20230; 

telephone (202) 482–6907. 

Upcoming Sunset Reviews for 

September 2009 

There are no Sunset Reviews 

scheduled for initiation in September 

2009. 

For information on the Department’s 

procedures for the conduct of sunset 

reviews, See 19 CFR 351.218. This 

notice is not required by statute but is 

published as a service to the 

international trading community. 

Guidance on methodological or 

analytical issues relevant to the 

Department’s conduct of Sunset 

Reviews is set forth in the Department’s 

Policy Bulletin 98.3, Policies Regarding 

the Conduct of Five-year (‘‘Sunset’’) 

Reviews of Antidumping and 

Countervailing Duty Orders; Policy 

Bulletin, 63 FR 18871 (April 16, 1998). 

The Notice of Initiation of Five-year 

(‘‘Sunset’’) Reviews provides further 

information regarding what is required 

of all parties to participate in Sunset 

Reviews. 

Dated: July 23, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–18476 Filed 7–31–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Sheila E. Forbes, Office of AD/CVD 

Operations, Customs Unit, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230, 

telephone: (202) 482–4697. 

Background 

Each year during the anniversary 

month of the publication of an 

antidumping or countervailing duty 

order, finding, or suspension of 

investigation, an interested party, as 

defined in section 771(9) of the Tariff 

Act of 1930, as amended (‘‘the Act’’), 

may request, in accordance with section 

351.213 (2008) of the Department of 

Commerce (‘‘the Department’’) 

regulations, that the Department 

conduct an administrative review of that 

antidumping or countervailing duty 

order, finding, or suspended 

investigation. 

Respondent Selection 

In the event the Department limits the 

number of respondents for individual 

examination for administrative reviews 

initiated pursuant to requests made for 

the orders identified below, the 

Department intends to select 

respondents based on U.S. Customs and 

Border Protection (‘‘CBP’’) data for U.S. 

imports during the period of review 

(‘‘POR’’). We intend to release the CBP 

data under Administrative Protective 

Order (‘‘APO’’) to all parties having an 

APO within five days of publication of 

the initiation Federal Register notice. 

Therefore, we encourage all parties 

interested in commenting on respondent 

selection to submit their APO 

applications on the date of publication 

of the initiation notice, or as soon 

thereafter as possible. The Department 

invites comments regarding the CBP 

data and respondent selection within 10 

calendar days of publication of the 

initiation Federal Register notice. 

Opportunity to Request a Review: Not 

later than the last day of August 2009,1

interested parties may request 

administrative review of the following 

orders, findings, or suspended 

investigations, with anniversary dates in 

August for the following periods: 

Period 

Antidumping Duty Proceeding 

Germany: 

Corrosion-Resistant Carbon Steel Flat Products A–428–815 ..................................................................................... 8/1/08—7/31/09 


sroberts on DSKD5P82C1PROD with NOTICES