[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6049-6051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02199]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-939]
Certain Lawn Groomers and Certain Parts Thereof From the People's
Republic of China: Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(the ``ITC'') that revocation of the antidumping duty order on certain
lawn groomers and certain parts thereof (``lawn groomers'') from the
People's Republic of China (``PRC'') would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the antidumping duty order.
DATES: Effective Date: February 4, 2015.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th
[[Page 6050]]
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On June 19, 2009, the Department published its final determination
in the less-than-fair-value (``LTFV'') investigation of lawn groomers
from the PRC.\1\ On August 3, 2009, the Department published the AD
order on imports of lawn groomers from the PRC.\2\ There have been no
administrative reviews since issuance of the Order. There have been no
related findings or rulings (e.g., changed circumstances review, scope
ruling, duty absorption review) since issuance of the Order.
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\1\ 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) (``Final
Determination'').
\2\ 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'').
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On July 1, 2014, the Department initiated the first five-year
(``sunset'') review of the antidumping duty order on certain lawn
groomers and certain parts thereof from the People's Republic of China
(``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the ``Act'').\3\ As a result of its review, the Department
determined that revocation of the antidumping duty order on lawn
groomers from the PRC would likely lead to a continuation or recurrence
of dumping and, therefore, notified the ITC of the magnitude of the
margins likely to prevail should the order be revoked.\4\ On January
28, 2015, the ITC published its determination, pursuant to section
751(c) of the Act, that revocation of the antidumping duty order on
lawn groomers from the PRC would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\5\
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\3\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 37292
(July 1, 2014) (``Sunset Initiation'').
\4\ See Certain Tow-Behind Lawn Groomers and Certain Parts
Thereof From the People's Republic of China: Final Results of
Expedited First Sunset Review of the Antidumping Duty Order, 79 FR
65375 (November 4, 2014) and accompanying Issues and Decision
Memorandum.
\5\ See Certain Tow-Behind Lawn Groomers and Parts Thereof from
China, 80 FR 4591 (January 28, 2015); Certain Tow-Behind Lawn
Groomers and Parts Thereof from China (Investigation No. 731-TA-1153
(Review), USITC Publication 4516 (January 2015).
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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).
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 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 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
[[Page 6051]]
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.
Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the antidumping duty order would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
order on lawn groomers from the PRC. U.S. Customs and Border Protection
will continue to collect antidumping duty cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise. The
effective date of the continuation of the order will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, the Department intends to
initiate the next five-year review of the order not later than 30 days
prior to the fifth anniversary of the effective date of continuation.
This five-year (``sunset'') review and this notice are in
accordance with section 751(c) of the Act and published pursuant to
section 777(i)(1) of the Act.
Dated: January 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-02199 Filed 2-3-15; 8:45 am]
BILLING CODE 3510-DS-P