[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Notices]
[Page 42315-42321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy08-25]
=======================================================================
-----------------------------------------------------------------------
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: Initiation of Antidumping Duty
Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 21, 2008.
[[Page 42316]]
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3936 or (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On June 24, 2008, the Department of Commerce (``the Department'')
received a Petition concerning imports of certain non-motorized tow
behind lawn groomers and certain parts thereof (``lawn groomers'') from
the People's Republic of China (``PRC'') filed in proper form by Agri-
Fab Inc. (``Agri-Fab'', hereafter referred to as ``Petitioner''). See
Petition for the Imposition of Antidumping Duties: Certain Tow Behind
Lawn Groomers and Parts Thereof from the People's Republic of China,
dated June 24, 2008 (``Petition''). On June 27, July 3, July 7, and
July 8, 2008, the Department issued requests for additional information
and clarification of certain areas of the Petition. Based on the
Department's requests, Petitioner filed supplemental information on the
following topics: general issues (i.e., scope, injury, and industry
support) and U.S. price and normal value (``NV'') calculations on July
1, 2008; U.S. price and NV calculations on July 8, 2008; and scope and
certain revisions to NV calculations on July 9, 2008. In addition,
Petitioner provided additional information regarding an adjustment to
NV on July 9, 2008, and additional clarification of the scope of the
Petition on July 10, 2008. See Memorandum from Mark Manning, Program
Manager, to the File, ``Phone Conversation With Agri-Fab Concerning
Line-Item in Normal Value Calculation,'' dated July 9, 2008; and
Memorandum from Maisha Cryor, Senior International Trade Compliance
Analyst, to the File, ``Request to Agri-Fab, Inc. via Telephone
Conversation, July 10, 2008.'' Petitioner also provided additional
information on industry support on July 10, 2008. See Memorandum from
Meredith A.W. Rutherford to the File, Petitions for the Imposition of
Antidumping and Countervailing Duties--Certain Tow Behind Lawn Groomers
and Certain Parts Thereof from the People's Republic of China: Phone
Call with Petitioner Regarding Industry Support, dated July 9, 2008.
Lastly, Petitioner provided an additional clarification to the scope on
July 11, 2008. See Memorandum from Maisha Cryor, Senior International
Trade Compliance Analyst, to the File, ``Scope Clarification,'' dated
July 11, 2008.
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (``the Act''), Petitioner alleges that imports of lawn groomers
from the PRC are being, or are likely to be, sold in the United States
at less than fair value, within the meaning of section 731 of the Act,
and that such imports are materially injuring, or threatening material
injury to, an industry in the United States.
The Department finds that Petitioner filed this Petition on behalf
of the domestic industry because Petitioner is an interested party as
defined in section 771(9)(C) of the Act, and has demonstrated
sufficient industry support with respect to the antidumping duty
investigation. See ``Determination of Industry Support for the
Petition'' section, infra.
Period of Investigation
The period of investigation (``POI'') is October 1, 2007, through
March 31, 2008. See 19 CFR 351.204(b)(1).
Scope of Investigation
The merchandise covered by this investigation is certain lawn
groomers and certain parts thereof. See Appendix I to this notice for a
complete description of the merchandise covered by this investigation.
Comments on Scope of Investigation
During our review of the Petition, we discussed the scope with
Petitioner to ensure that it is an accurate reflection of the products
for which the domestic industry is seeking relief. Moreover, as
discussed in the preamble to the regulations, we are setting aside a
period for interested parties to raise issues regarding product
coverage. See Antidumping Duties; Countervailing Duties; Final Rule, 62
FR 27296, 27323 (May 19, 1997). The Department encourages all
interested parties to submit such comments by August 4, 2008, which is
21 calendar days from the date of signature of this notice.\1\ Comments
should be addressed to Import Administration's APO/Dockets Unit, Room
1870, U.S. Department of Commerce, 14th Street and Constitution Avenue,
NW., Washington, DC 20230. The period of scope consultations is
intended to provide the Department with ample opportunity to consider
all comments and to consult with parties prior to the issuance of the
preliminary determination.
---------------------------------------------------------------------------
\1\ Twenty calendar days after the date of signature is Sunday,
August 3, 2008.
---------------------------------------------------------------------------
Comments on Product Characteristics for Antidumping Duty Questionnaire
The Department is requesting comments from interested parties
regarding the appropriate physical characteristics of lawn groomers to
be reported in response to the Department's antidumping questionnaire.
This information will be used to identify the key physical
characteristics of the subject merchandise to allow respondents to
accurately report the relevant factors of production, as well as
develop appropriate product reporting criteria, in accordance with the
Department's non-market economy (``NME'') methodology, as described in
the ``Normal Value'' section, infra.
Interested parties may provide any information or comments that
they believe are relevant to the development of an accurate listing of
physical characteristics. Specifically, interested parties may provide
comments as to which characteristics are appropriate to use as: (1)
General product characteristics; and (2) product reporting criteria.
The Department notes that it is not always appropriate to use all
product characteristics as product reporting criteria. While there may
be some physical product characteristics that manufacturers use to
describe lawn groomers, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics of lawn groomers.
In order to consider the suggestions of interested parties in
developing and issuing the antidumping duty questionnaire, the
Department must receive public comments at the above-referenced address
by August 4, 2008, and receive rebuttal comments by August 11, 2008.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total
[[Page 42317]]
production of the domestic like product, the Department shall: (i) Poll
the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A), or
(ii) determine industry support using a statistically valid sampling
method.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission
(``ITC''), which is responsible for determining whether ``the domestic
industry'' has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both the
Department and the ITC must apply the same statutory definition
regarding the domestic like product (section 771(10) of the Act), they
do so for different purposes and pursuant to a separate and distinct
authority. In addition, the Department's determination is subject to
limitations of time and information. Although this may result in
different definitions of the like product, such differences do not
render the decision of either agency contrary to law. See USEC, Inc. v.
United States, 132 F. Supp. 2d 1, 8 (CIT 2001), citing Algoma Steel
Corp. Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd
865 F.2d 240 (Fed. Cir. 1989), cert. denied 492 U.S. 919 (1989).
Section 771(10) of the Act defines the ``domestic like product'' as
``a product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this subtitle.'' Thus, the reference point from which the
domestic like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, Petitioner does not offer
a definition of domestic like product distinct from the scope of the
investigation. Based on our analysis of the information submitted on
the record, we have determined that certain tow behind lawn groomers
and certain lawn groomer parts constitute a single domestic like
product; and we have analyzed industry support in terms of that
domestic like product. For a discussion of the domestic like product
analysis in this case, see ``Antidumping Duty Investigation Initiation
Checklist: Certain Tow Behind Lawn Groomers and Certain Parts Thereof
from the People's Republic of China (``Initiation Checklist''),
Analysis of Industry Support for the Petition at Attachment II, on file
in the Central Records Unit (``CRU''), Room 1217 of the main Department
of Commerce building.
With regard to section 732(c)(4)(A) of the Act, in determining
whether Petitioner has standing (i.e., the domestic workers and
producer supporting the Petition account for (1) at least 25 percent of
the total production of the domestic like product and (2) more than 50
percent of the production of the domestic like product produced by that
portion of the industry expressing support for, or opposition to, the
Petition), we considered the industry support data contained in the
Petition with reference to the domestic like product as defined in the
``Scope of Investigation'' section, above. To establish industry
support, Petitioner provided its sales volume of the domestic like
product for calendar year 2007, and compared that to total sales volume
of the domestic like product for the industry. Petitioner stated that
it ``used sales volumes * * * as a surrogate for production, because it
does not have access to the actual production data of other domestic
{lawn groomer{time} producers.'' See Petition, Volume 1, at 2. We have
relied upon the data Petitioner provided for purposes of measuring
industry support. For further discussion, see Initiation Checklist at
Attachment II (Analysis of Industry Support for the Petition).
The Department's review of the data provided in the Petition,
supplemental submissions, and other information readily available to
the Department indicates that Petitioner has established industry
support. First, the Petition establishes support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, the Department is
not required to take further action in order to evaluate industry
support (e.g., polling). See section 732(c)(4)(D) of the Act and PRC
Initiation Checklist at Attachment II (Analysis of Industry Support for
the Petition). Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product. See Initiation Checklist at Attachment II
(Analysis of Industry Support for the Petition). Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition. Accordingly, the Department determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act. See Initiation Checklist at Attachment II
(Analysis of Industry Support for the Petition).
The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because it is an interested party as defined
in section 771(9)(C) of the Act and has demonstrated sufficient
industry support with respect to the antidumping investigation that it
is requesting the Department initiate. See PRC Initiation Checklist at
Attachment II (Analysis of Industry Support for the Petition).
Allegations and Evidence of Material Injury and Causation
Petitioner alleges that the U.S. industry producing the domestic
like product is being materially injured, or is threatened with
material injury, by reason of the imports of the subject merchandise
sold at less than NV. Petitioner contends that the industry's injured
condition is illustrated by reduced market share, underselling and
price depressing and suppressing effects, lost sales and revenue,
reduced production and capacity utilization, reduced shipments, reduced
employment, and an overall decline in financial performance. We have
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, and causation, and we have
determined that these allegations are properly supported by adequate
evidence and meet the statutory requirements for initiation. See
Initiation Checklist at Attachment III (Analysis of Injury Allegations
and Evidence of Material Injury and Causation).
Allegations of Sales at Less Than Fair Value
The following is a description of the allegations of sales at less
than fair value upon which the Department based its decision to
initiate this investigation of imports of lawn groomers from the PRC.
The sources of data for the deductions and adjustments relating to the
U.S. price, and the factors of production are also discussed in the
initiation checklist. See Initiation Checklist. Should the need arise
to use any of this information as facts available under
[[Page 42318]]
section 776 of the Act in our preliminary or final determination, we
will reexamine the information and revise the margin calculations, if
appropriate.
Export Price
Petitioner relied on one U.S. price quote for lawn groomers
manufactured in the PRC and offered for sale in the United States. The
price quoted was for one type of lawn groomer, i.e., lawn sweeper,
falling within the scope of the Petition. See Petition, Volume II, at 8
and Exhibit II-1. Petitioner deducted foreign inland freight and
foreign brokerage and handling from this price. See Petition, Volume
II, at 7-8 and Exhibit II-2.
Normal Value
Petitioner notes that the PRC is a non-market economy country
(``NME'') and that no determination to the contrary has yet been made
by the Department. See Petition, Volume II, at 2. The Department has
previously examined the PRC's market status and determined that NME
status should continue for the PRC. See Memorandum from the Office of
Policy to David M. Spooner, Assistant Secretary for Import
Administration, regarding The People's Republic of China Status as a
Non-Market Economy, dated May 15, 2006 (available online at http://
ia.ita.doc.gov/download/prc-nme-status/prc-nme-status-memo.pdf). In
addition, in recent investigations, the Department has continued to
determine that the PRC is an NME country. See Final Determination of
Sales at Less Than Fair Value and Partial Affirmative Determination of
Critical Circumstances: Certain Polyester Staple Fiber From the
People's Republic of China, 72 FR 19690 (April 19, 2007); Final
Determination of Sales at Less Than Fair Value: Certain Activated
Carbon from the People's Republic of China, 72 FR 9508 (March 2, 2007).
In accordance with section 771(18)(C)(i) of the Act, the
presumption of NME status remains in effect until revoked by the
Department. The presumption of NME status for the PRC has not been
revoked by the Department and, therefore, remains in effect for
purposes of the initiation of this investigation. Accordingly, the NV
of the product is appropriately based on factors of production valued
in a surrogate market economy country, in accordance with section
773(c) of the Act. In the course of this investigation, all parties
will have the opportunity to provide relevant information related to
the issues of the PRC's NME status and the granting of separate rates
to individual exporters.
Petitioner argues that India is the appropriate surrogate country
for the PRC because it is at a comparable level of economic development
and it is a significant producer of comparable merchandise,
specifically hand trucks. See Petition, Volume II, at 3. Petitioner
asserts that no potential surrogate countries manufacture lawn
groomers. See Petition, Volume II, at 2. Based on the information
provided by Petitioner, the Department believes that the use of India
as a surrogate country is appropriate for purposes of initiation.
However, after initiation of the investigation, interested parties will
have the opportunity to submit comments regarding surrogate country
selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an
opportunity to submit publicly available information to value factors
of production within 40 days after the date of publication of the
preliminary determination.
Petitioner calculated NV and a dumping margin for the U.S. price,
discussed above, using the Department's NME methodology as required by
19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. Petitioner calculated NV
based on its own consumption rates for producing 42-inch lawn sweepers
in 2007. See Petition, Volume II, at 5, and Initiation Checklist.
Petitioner states that its production experience is representative of
the production process used in the PRC because all of the material
inputs and processing are unlikely to be materially different for a
Chinese producer of lawn groomers. See Petition, Volume II, at 3-5.
Petitioner valued the factors of production based on reasonably
available, public surrogate country data, including official Indian
government import statistics and sources recently used in other PRC
proceedings conducted by the Department. Since Petitioner was unable to
find input prices contemporaneous with the POI for electricity and gas,
it adjusted for inflation using the wholesale price index for India, as
published by the International Monetary Fund, International Financial
Statistics. See July 8, 2008, supplemental to the Petition, at Exhibit
3. In addition, Petitioner made currency conversions, where necessary,
based on the POI-average rupee/U.S. dollar exchange rate, as reported
on the Department's Web site. See Petition, Volume II, at Exhibit II-4.
Petitioner calculated a labor cost for the PRC based upon its own
experience. See Petition, Volume II, at 6. To value labor, Petitioner
used a labor rate of $1.04 per hour, as published on the Department's
Web site, in accordance with the Department's regulations. See 19 CFR
351.408(c)(3) and the Initiation Checklist. For purposes of initiation,
the Department determines that the surrogate values used by Petitioner
are reasonably available and, thus, acceptable for purposes of
initiation.
Petitioner based factory overhead expenses, selling, general and
administrative expenses, and profit, based on the experience of Rexello
Castors Private Ltd. (``Rexello''), an Indian manufacturer of
comparable merchandise, namely hand trucks. See Petition, Volume II, at
7. For purposes of initiation, the Department finds Petitioner's use of
Rexello's most recently available financial statement to calculate the
surrogate financial ratios appropriate.
Fair Value Comparison
Based on the data provided by Petitioner, there is reason to
believe that imports of lawn groomers from the PRC are being, or are
likely to be, sold in the United States at less than fair value. Based
on comparisons of EP to NV, calculated in accordance with section
773(c) of the Act, the revised estimated dumping margin for lawn
groomers from the PRC is 154.72 percent. See Initiation Checklist at
II-9.
Initiation of Antidumping Investigation
Based upon the examination of the Petition on lawn groomers from
the PRC, the Department finds that the Petition meets the requirements
of section 732 of the Act. Therefore, we are initiating an antidumping
duty investigation to determine whether imports of lawn groomers from
the PRC are being, or are likely to be, sold in the United States at
less than fair value. In accordance with section 733(b)(1)(A) of the
Act, unless postponed, we will make our preliminary determination no
later than 140 days after the date of this initiation.
Respondent Selection
In this investigation, the Department will request quantity and
value information from all known exporters and producers identified in
the Petition. The quantity and value data received from NME exporters/
producers will be used as the basis to select the mandatory
respondents.The Department requires that the respondents submit a
response to both the quantity and value questionnaire and the separate-
rate application by the respective deadlines in order to receive
consideration for separate-rate status. See Circular Welded Austenitic
Stainless Pressure Pipe From the People's Republic of
[[Page 42319]]
China: Initiation of Antidumping Duty Investigation, 73 FR 10221, 10225
(February 26, 2008); and Initiation of Antidumping Duty Investigation:
Certain Artist Canvas From the People's Republic of China, 70 FR 21996,
21999 (April 28, 2005). Appendix II of this notice contains the
quantity and value questionnaire that must be submitted by all NME
exporters/producers no later than August 4, 2008. In addition, the
Department will post the quantity and value questionnaire along with
filing instructions on the Import Administration Web site, at http://
ia.ita.doc.gov/ia-highlights-and-news.html. The Department will send
the quantity and value questionnaire to those PRC companies identified
in the July 8, 2008, supplement to the Petition, at Exhibit 2.
Separate Rates
In order to obtain separate-rate status in NME investigations,
exporters and producers must submit a separate-rate status application.
See Policy Bulletin 05.1: Separate-Rates Practice and Application of
Combination Rates in Antidumping Investigations involving Non-Market
Economy Countries (April 5, 2005) (Separate Rates/Combination Rates
Bulletin), available on the Department's Web site at http://
ia.ita.doc.gov/policy/bull05-1.pdf. The specific requirements for
submitting the separate-rate application in this investigation are
outlined in detail in the application itself, available on the
Department's Web site at http://ia.ita.doc.gov/ia-highlights-and-
news.html on the date of publication of this initiation notice in the
Federal Register. The separate-rate application will be due 60 days
from the date of publication of this initiation notice in the Federal
Register. As noted in the ``Respondent Selection'' section above, the
Department requires that respondents submit a response to both the
quantity and value questionnaire and the separate-rate application by
the respective deadlines in order to receive consideration for
separate-rate status.
Use of Combination Rates in an NME Investigation
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in this
investigation. The Separate Rates/Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME investigations will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.
See Separate Rates/Combination Rates Bulletin, at 6.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the representatives of the Government of the PRC. We will
attempt to provide a copy of the public version of the Petition to the
foreign producers/exporters, consistent with 19 CFR 351.203(c)(2).
International Trade Commission Notification
We have notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the International Trade Commission
The ITC will preliminarily determine, no later than August 8, 2008,
whether there is a reasonable indication that imports of lawn groomers
from the PRC are materially injuring, or threatening material injury
to, a U.S. industry. A negative ITC determination with respect to this
investigation will result in the investigation being terminated;
otherwise, this investigation will proceed according to statutory and
regulatory time limits.
This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: July 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
Scope of the Investigations \2\--Lawn Groomers From the People's
Republic of China
---------------------------------------------------------------------------
\2\ The scope is applicable to both the antidumping duty and
countervailing duty investigations of lawn groomers from the
People's Republic of China.
---------------------------------------------------------------------------
The scope of these investigations covers 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
[[Page 42320]]
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, 8432.90.0030, 8432.90.0080,
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.
Appendix II
Where it is not practicable to examine all known producers/
exporters of subject merchandise, section 777A(c)(2) of the Tariff
Act of 1930 (as amended) permits us to investigate (1) a sample of
exporters, producers, or types of products that is statistically
valid based on the information available at the time of selection,
or (2) exporters and producers accounting for the largest volume and
value of the subject merchandise that can reasonably be examined.
In the charts below, please provide the total quantity (in
pieces) and total value (in U.S. dollars) of all your sales of
merchandise covered by the scope of this investigation (see Appendix
I of this notice), produced in the PRC, and exported/shipped to the
United States during the period October 1, 2007, through March 31,
2008.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dethatchers Sweepers Aerators Spreaders
-----------------------------------------------------------------------------------------------------------------------
Market Total Total Total Total
Total Terms of value Total Terms of value Total Terms of value Total Terms of value
quantity sale (USD) quantity sale (USD) quantity sale (USD) quantity sale (USD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
United States
1. Export Price Sales...........
2. a. Exporter name.............
b. Address......................
c. Contact......................
d. Phone No.....................
e. Fax No.......................
3. Constructed Export Price
Sales..........................
4. Further Manufactured Sales...
Total Sales.................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Quantity and Value of All Lawn Groomers and Parts Thereof
----------------------------------------------------------------------------------------------------------------
Total quantity Total value
Market (pieces) Terms of sale (U.S. dollars)
----------------------------------------------------------------------------------------------------------------
United States
1. Export Price Sales..................................... ................
2. a. Exporter name....................................... ................
b. Address................................................ ................
c. Contact................................................ ................
d. Phone No............................................... ................
e. Fax No................................................. ................
3. Constructed Export Price Sales......................... ................
4. Further Manufactured Sales............................. ................
Total Sales........................................... ................
----------------------------------------------------------------------------------------------------------------
[[Page 42321]]
Total Quantity
Please report quantity on a piece basis.
Terms of Sales
Please report all sales on the same terms, such as ``free on
board'' at port of export.
Total Value
All sales values should be reported in U.S. dollars. Please
provide any exchange rates used and their respective dates and
sources.
Export Price Sales
Generally, a U.S. sale is classified as an export price sale
when the first sale to an unaffiliated customer occurs before
importation into the United States.
Please include any sales exported by your company directly to
the United States.
Please include any sales exported by your company to a third-
country market economy reseller where you had knowledge that the
merchandise was destined to be resold to the United States.
If you are a producer of subject merchandise, please include any
sales manufactured by your company that were subsequently exported
by an affiliated exporter to the United States.
Please do not include any sales of merchandise manufactured in
Hong Kong in your figures.
Constructed Export Price Sales
Generally, a U.S. sale is classified as a constructed export
price sale when the first sale to an unaffiliated customer occurs
after importation. However, if the first sale to the unaffiliated
customer is made by a person in the United States affiliated with
the foreign exporter, constructed export price applies even if the
sale occurs prior to importation.
Please include any sales exported by your company directly to
the United States.
Please include any sales exported by your company to a third-
country market economy reseller where you had knowledge that the
merchandise was destined to be resold to the United States.
If you are a producer of subject merchandise, please include any
sales manufactured by your company that were subsequently exported
by an affiliated exporter to the United States.
Please do not include any sales of merchandise manufactured in
Hong Kong in your figures.
Further Manufactured Sales
Further manufacture or assembly (including re-packing) sales
(``further manufactured sales'') refers to merchandise that
undergoes further manufacture or assembly in the United States
before being sold to the first unaffiliated customer.
Further manufacture or assembly costs include amounts incurred
for direct materials, labor and overhead, plus amounts for general
and administrative expense, interest expense, and additional packing
expense incurred in the country of further manufacture, as well as
all costs involved in moving the product from the U.S. port of entry
to the further manufacturer.
[FR Doc. E8-16625 Filed 7-18-08; 8:45 am]
BILLING CODE 3510-DS-P