[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56769-56771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22631]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-940]
Tow Behind Lawn Groomers and Parts and Thereof From the People's
Republic of China: Final Results of Sunset Review and Revocation of
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
DATES: Effective September 23, 2014.
SUMMARY: On July 1, 2014, the Department of Commerce (the Department)
initiated the first sunset review of the countervailing duty order on
tow behind lawn groomers and parts from the People's Republic of China.
See Initiation of Five-Year (``Sunset'') Review, 79 FR 37292 (July 1,
2014) (Initiation). Because the domestic interested parties did not
participate in this sunset review, the Department is revoking the
countervailing duty order.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5255.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2009, the Department issued the countervailing duty
order on tow-behind lawn groomers and parts from the People's Republic
of China.\1\ On July 1, 2014, the Department initiated the first sunset
review of this order.\2\ We did not receive a notice of intent to
participate from domestic interested parties in this sunset review by
the deadline date.\3\ As a result, the Department determined that no
domestic interested party intends to participate in the sunset review,
and on July 21, 2014, we notified the International Trade Commission in
writing that we did not receive a notice of intent to participate from
domestic interested parties.
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\1\ See Certain Tow Behind Lawn Groomers and Certain Parts
Thereof from the People's Republic of China: Antidumping Duty Order,
74 FR 38395 (August 3, 2009).
\2\ See Initiation.
\3\ See 19 CFR 351.218(d)(1)(iii)(A).
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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
[[Page 56770]]
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 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.
Determination To Revoke
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.218(d)(1)(iii)(B)(3), if no domestic interested party files a
notice of intent to participate, the Department shall, within 90 days
after the initiation of the review, issue a final determination
revoking the order. Because domestic interested parties did
[[Page 56771]]
not file a notice of intent to participate in this sunset review, the
Department finds that no domestic party is participating in this sunset
review. Therefore, consistent with 19 CFR 351.222(i)(2)(i) and section
751(d)(2) of the Act, we are revoking this countervailing duty order
effective August 3, 2014, the fifth anniversary of the date the
Department published the countervailing duty order.
Cash Deposit and Assessment of Duties
Pursuant to sections 751(d)(2) of the Act and 19 CFR
351.222(i)(2)(i), the Department will instruct U.S. Customs and Border
Protection (CBP) to terminate the suspension of liquidation of the
merchandise subject to this order entered, or withdrawn from warehouse,
on or after August 3, 2014. The Department intends to notify CBP 15
days after publication of this notice to terminate the suspension of
liquidation and to discontinue the collection of cash deposits on
entries of the subject merchandise, entered or withdrawn from
warehouse, on or after August 3, 2014. Entries of subject merchandise
prior to the effective date of revocation will continue to be subject
to suspension of liquidation and countervailing duty deposit
requirements. The Department will complete any pending administrative
review of this order and conduct administrative review of subject
merchandise entered prior to the effective date of revocation in
response to appropriately filed requests for review.
The Department is issuing and publishing the final results and this
notice in accordance with sections 751(c) and 777(i)(1) of the Act.
Dated: September 17, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-22631 Filed 9-22-14; 8:45 am]
BILLING CODE 3510-DS-P