10964 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 

11For 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 fullyassembled 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., ‘‘drumstyle’’ 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.’’ 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–5426 Filed 3–12–09; 8:45 am] 

BILLING CODE 7020–02–P 

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. 

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

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. Hearingimpaired 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. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 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 AgriFab, 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 

INTERNATIONAL TRADE 

COMMISSION 

Temporary Change to Filing 

Procedures 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The United States 

International Trade Commission 

(Commission) hereby notifies all users 

of its Electronic Document Information 

System (EDIS) that the system will not 

be available for use from 6 p.m. on 

Thursday, March 26, 2009, until 6 a.m. 

on Monday, March 30, 2009. Alternative 

filing procedures will apply, as outlined 

below. 

DATES: March 26–March 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Telephone inquiries should be directed 

to EDIS Help (202–205–3347) or Docket 

Services (202–205–1802). E-mail 

inquiries should be directed to 

(Edishelp@usitc.gov). Written inquiries 

should be directed to Marilyn R. Abbott, 

Secretary, United States International 

Trade Commission, 500 E Street, SW., 

Room 112, Washington, DC 20436. At 


sroberts on PROD1PC70 with NOTICES