[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10964-10965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5427]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-457 (Final) and 731-TA-1153 (Final)]


Tow-Behind Lawn Groomers From China

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation No. 701-TA-457 (Final) 
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) 
(the Act) and the final phase of antidumping investigation No. 731-TA-
1153 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to 
determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
subsidized and less-than-fair-value imports from China of tow-behind 
lawn groomers, provided for in subheadings 8432.40.00, 8432.80.00, 
8432.90.00, 8479.89.98, 8479.90.94, and 9603.50.00 of the Harmonized 
Tariff Schedule of the United States.\11\
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    \11\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as:
    ``* * * Certain non-motorized tow behind lawn groomers (``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 these investigations, 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 these investigations. 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 
investigations. 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 investigations. 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 
investigations. Also included in the scope of the investigations 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 investigations. 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 investigations. 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 these investigations. For purposes of 
these investigations, ``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 these investigations 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 these investigations 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 these investigations.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective Date: January 28, 2009.

FOR FURTHER INFORMATION CONTACT: Jennifer Merrill (202-205-3188), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C.

[[Page 10965]]

1671b) are being provided to manufacturers, producers, or exporters in 
China of tow-behind lawn groomers, and that such products are being 
sold in the United States at less than fair value within the meaning of 
section 733 of the Act (19 U.S.C. 1673b). The investigations were 
requested in a petition filed on June 24, 2008, by Agri-Fab, Inc., 
Sullivan, IL.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on May 21, 
2009, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on June 16, 
2009, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before June 10, 2009. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on June 12, 
2009, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is June 9, 2009. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is June 23, 2009; witness testimony must be filed no later than 
three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before June 23, 2009. On July 8, 2009, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before July 10, 2009, but such final comments 
must not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means, except to the 
extent permitted by section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (November 8, 2002). Even where electronic filing 
of a document is permitted, certain documents must also be filed in 
paper form, as specified in II(C) of the Commission's Handbook on 
Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

     Issued: March 9, 2009.
Marilyn R. Abbott,
 Secretary to the Commission,
 [FR Doc. E9-5427 Filed 3-12-09; 8:45 am]
BILLING CODE 7020-02-P