AD: China Tow Behind Lawn Groomers and Parts
The International Trade Administration has made a preliminary affirmative antidumping duty determination that certain tow behind lawn groomers and certain parts thereof from China are being, or are likely to be, sold in the U.S. at less than fair value.
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Combination Rates
The ITA has calculated combination rates for respondents that are eligible for a separate rate in this investigation. (See ITT's Online Archives or 04/11/05 news, 05041110, for BP summary of 2005 policy bulletin outlining this change in practice with regard to AD combination rates for non-market economies (NMEs).)
Suspension of Liquidation
The ITA will instruct U.S. Customs and Border Protection to suspend liquidation of all entries of subject merchandise from China with a time of entry on or after January 28, 2009.
AD Cash Deposit/Bond Instructions
The ITA will also instruct CBP to require a cash deposit or the posting of a bond at the AD rates for the manufacturers/exporters listed below, for entries of subject merchandise from China with a time of entry on or after January 28, 2009:
| Companies | Prelim AD Rate |
|---|---|
| Jiashan Superpower Tools Co., Ltd.,1 as manufacturer and exporter | 324.28% |
| Princeway Furniture (Dong Guan) Co., Ltd., as manufacturer and exporter | 12.07% |
| Nantong D & B Machinery Co., Ltd., as manufacturer and exporter | 168.18% |
| Qingdao Huatian Truck Co., Ltd. , as manufacturer and exporter | 168.18% |
| China-wide entity (for China exporters that have not received their own rate) | 324.43% |
In addition, for all non-China exporters of subject merchandise that have not received their own rate, the AD duty cash deposit rate will be the rate applicable to the China exporter/manufacturer combination that supplied that non-China exporter.
1The ITA notes that it has determined that subject merchandise exported and produced by Jiashan Superpower Tools Co., Ltd., benefited from an export subsidy. As this company is also subject to a preliminary countervailing duty determination, its AD rate above reflects an adjustment for this subsidy. Another adjustment for a second export subsidy for Superpower may be reflected in the AD final determination.
(Nantong and Qingdao are separate rate respondents. Their rates, which are averages of Superpower and Princeway's rates, also reflect an adjustment for Superpower's export subsidy. Princeway did not benefit from an export subsidy.)
Final Determination Postponed, Provisional Measures Extended
The ITA is postponing the final determination and extending provisional measures from a four-month period to not more than six months. As a result, the ITA will make its final determination not later than 135 days after January 28, 2009, and suspension of liquidation will be extended accordingly.
Two HTS Numbers Added for Reference and Customs Purposes
The ITA has amended the scope of investigation to include Harmonized Tariff Schedule numbers 8432.80.0010 and 8479.89.9896 for classification of the subject merchandise.
The ITA notes that 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 the investigation.
(See ITA notice for more information, including the complete scope of the order, etc. See ITT's Online Archives or 07/22/08 news, 08072260, for BP summary of the initiation of the AD and CV duty investigations. See ITT's Online Archives or 11/25/08 news, 08112535, for BP summary of the companion preliminary CV duty determination.)
ITA contact - Karine Gziryan (202) 482-4081
ITA notice (FR Pub 01/28/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-1721.pdf
ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-tblg-prelim-012109.pdf