[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38399-38401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18595]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-940]


Certain Tow-Behind Lawn Groomers and Certain Parts Thereof From 
the People's Republic of China: Countervailing 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 U.S. International Trade Commission 
(ITC), the Department is issuing a countervailing duty order on certain 
tow-behind lawn groomers and certain parts thereof (lawn groomers) from 
the People's Republic of China (PRC).

DATES: Effective Date: August 3, 2009.

FOR FURTHER INFORMATION CONTACT: Gene Calvert or Jun Jack Zhao, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3586 and (202) 482-1396, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on June 19, 2009, the Department published its final 
determination in the countervailing duty investigation of lawn groomers 
from the PRC. See Certain Tow-Behind Lawn Groomers and Certain Parts 
Thereof From the People's Republic of China: Final Affirmative 
Countervailing Duty Determination, 74 FR 29180 (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 Certain 
Tow-Behind Lawn Groomers from China, USITC Pub. 4090, Investigation 
Nos. 701-TA-457 and 731-TA-1153 (Final) (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

[[Page 38400]]

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 chassis, 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 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.

Countervailing Duty Order

    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 as a result of 
subsidized imports of lawn groomers from the PRC. As a result of the 
ITC's final determination, in accordance with section 706(a) of the 
Act, the Department will direct U.S. Customs and Border Protection 
(CBP) to assess, upon further instruction by the Department, 
countervailing duties on all unliquidated entries of lawn groomers from 
the PRC entered, or withdrawn from warehouse, for consumption on or 
after November 24, 2008, the date on which the Department published its 
preliminary affirmative countervailing duty determination in the 
Federal Register, and before March 24, 2009, the date on which the 
Department instructed CBP to discontinue the suspension of liquidation 
in accordance with section 703(d) of the Act. See Certain Tow-Behind 
Lawn Groomers and Certain Parts Thereof From the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination, 73 FR 70971 (November 24, 2008). 
Section 703(d) of the Act states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Entries of lawn groomers made on or after March 
24, 2009, and prior to the date of publication of the ITC's final 
determination in the Federal Register, are not liable for the 
assessment of

[[Page 38401]]

countervailing duties, due to the Department's discontinuation, 
effective March 24, 2009, of the suspension of liquidation.
    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation for lawn 
groomers from the PRC, effective the date of publication of the ITC's 
notice of final determination in the Federal Register, and to assess, 
upon further advice by the Department pursuant to section 706(a)(1) of 
the Act, countervailing duties for each entry of the subject 
merchandise in an amount based on the net countervailable subsidy rates 
for the subject merchandise, except for subject merchandise entered by 
Princeway Furniture (Dong Guan) Co., Ltd. and Princeway Limited, whose 
net subsidy rate is de minimis and, hence, is excluded from this order. 
This exclusion will apply only to subject merchandise both produced and 
exported by Princeway Furniture (Dong Guan) Co., Ltd. and Princeway 
Limited. On or after the date of publication of the ITC's final injury 
determination in the Federal Register, CBP must require,\1\ at the same 
time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the rates noted below:
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    \1\ With the exception of Princeway Furniture (Dong Guan) Co., 
and Princeway Limited whose net subsidy was de minimis, and, hence, 
is excluded from this order. This exclusion will apply only to 
subject merchandise both produced and exported by Princeway 
Furniture (Dong Guan) Co., Ltd. and Princeway Limited.

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                                                             Net subsidy
                   Exporter/manufacturer                        rate
                                                              (percent)
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Princeway Furniture (Dong Guan) Co., Ltd. and Princeway          \a\0.56
 Limited\a\...............................................
Jiashan Superpower Tools Co., Ltd.........................         13.30
Maxchief Investments Ltd..................................        264.98
Qingdao EA Huabang Instrument Co., Ltd....................        264.98
Qingdao Hundai Tools Co., Ltd.............................        264.98
Qingdao Taifa Group Co., Ltd..............................        264.98
World Factory, Inc........................................        264.98
All Others................................................         13.30
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\a\ De minimis.

    This notice constitutes the countervailing duty order with respect 
to lawn groomers from the PRC pursuant to section 706(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 countervailing duty orders currently in effect.
    This countervailing duty order is issued and published in 
accordance with sections 705(c)(2), 706(a) and 777(i)(1) of the Act, 
and 19 CFR 351.211.

    Dated: July 29, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-18595 Filed 7-31-09; 8:45 am]
BILLING CODE 3510-DS-P