[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Notices]
[Pages 65375-65376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26188]
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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: Final Results of the Expedited First
Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce
(``the Department'') finds that revocation of the antidumping duty
(``AD'') order on certain tow-behind lawn groomers and certain parts
thereof (``lawn groomers'') from the People's Republic of China
(``PRC'') would be likely to lead to continuation or recurrence of
dumping. The magnitude of the dumping margins likely to prevail is
indicated in the ``Final Results of Sunset Review'' section of this
notice.
DATES: Effective Date: November 4, 2014.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6412.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2009, the Department published the AD order on lawn
groomers from the PRC.\1\ On July 1, 2014, the Department published the
notice of initiation of the sunset review of this AD order, pursuant to
section 751(c) of the Act.\2\ On July 15, 2014, pursuant to 19 CFR
351.218(d)(1), the Department received a timely and complete notice of
intent to participate in the sunset review of the order from Agri-Fab,
Inc. (``Domestic Producer''). On July 31, 2014, pursuant to 19 CFR
351.218(d)(3), Domestic Producer filed a timely and adequate
substantive response. The Department did not receive substantive
responses from any respondent interested party. As a result, pursuant
to section 751(c)(3)(B) of the Tariff Act of 1930 (``Act'') and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of this AD order.
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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) (``Antidumping Duty Order'').
\2\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 37292
(July 1, 2014) (``Sunset Initiation'').
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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 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).
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. For the full scope of this order, see the accompanying I&D
Memorandum, which is hereby adopted by this notice.\3\
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\3\ See ``Issues and Decision Memorandum for the Expedited First
Sunset Review of the Antidumping Duty Order on Certain Tow-Behind
Lawn Groomers and Certain Parts Thereof from the People's Republic
of China,'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, dated
concurrently with this notice (``I&D Memorandum'').
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[[Page 65376]]
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review is
provided in the accompanying I&D Memorandum. The issues discussed in
the I&D Memorandum include the likelihood of continuation or recurrence
of dumping and the magnitude of the dumping margins likely to prevail
if the order is revoked. The I&D Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at htpp://
iaacess.trade.gov, and is available in the Central Records Unit, room
7046 of the main Department of Commerce building. In addition, a
complete version of the I&D Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed I&D Memorandum and the
electronic version of the I&D Memorandum are identical in content.
Final Results of Sunset Reviews
Pursuant to section 752(c)(3) of the Act, the Department determines
that revocation of the AD order on lawn groomers from the PRC would be
likely to lead to continuation or recurrence of dumping at weighted-
average margins up to 386.28 percent.\4\
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\4\ 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).
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Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: October 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-26188 Filed 11-3-14; 8:45 am]
BILLING CODE 3510-DS-P