AD/CV: China Tow-Behind Lawn Groomers and Parts

China AD - Q&V Questionnaires Due Aug 4th, Separate-Rate Apps Due Sept 19th

In the AD investigation, the ITA will request quantity and value (Q&V) information from all known exporters and producers identified in the petition. The quantity and value data received from these non-market economy (NME) exporters/producers will be used as the basis to select the mandatory respondents. The ITA requests that Q&V questionnaires be submitted no later than August 4, 2008. The AD questionnaire is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-tblg/prc-tblg-qv-ltr-ad-071508.pdf.

The ITA requires exporters and producers seeking separate-rate status in the AD investigation to submit a separate-rate application by September 19, 2008. The application is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-tblg/prc-tblg-sra-ad-071508.pdf.

The ITA requires that the respondents submit a response to both the Q&V questionnaire and a separate-rate application by the respective deadlines in order to receive consideration for separate-rate status.

China CV - Q&V Questionnaires Due July 28th

The ITA also requires that respondents in the CV investigation submit a response to a Q&V questionnaire. The responses in the CV investigation must be submitted by all exporters/producers no later than July 28, 2008. The CV questionnaire is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-tblg/prc-tblg-qv-ltr-cvd-071508.pdf.

China AD - Comments on Physical Characteristics Due August 4th

The ITA is also requesting comments by August 4, 2008 from interested parties regarding the appropriate physical characteristics of lawn groomers to be reported in response to the AD 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 ITA's NME methodology. (Rebuttal comments must be received by August 11, 2008.)

Scope of the Investigations

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 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.

HTS classification. The lawn groomers that are the subject of these investigations are currently classifiable in the Harmonized Tariff Schedule of the U.S. (HTS) 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 HTS 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.

Exclusions from the Scope of the Investigations.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).

- comments on the physical characteristics are due by 08/04/08, with rebuttal comments due by 08/11/08

- comments on the scope of the AD/CV investigations are due by 08/04/08

- Q&V questionnaires for the AD investigation are due 08/04/08

- Q&V questionnaires for the CV investigation are due 07/28/08

- separate-rate applications for the AD investigation are due 09/19/08

- ITA's preliminary AD duty determination due no later than 12/01/08

-ITA's preliminary CV duty determination due no later than 09/17/08

- International Trade Commission's preliminary AD/CV injury determinations due no later than 08/08/08

ITA China AD notice (FR Pub 07/21/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-16625.pdf

ITA China CV notice (FR Pub 07/21/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-16627.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet_prc-tblg-init-071508.pdf