AD: China Tow Behind Lawn Groomers & Parts
The International Trade Administration has made a final 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 is directing U.S. Customs and Border Protection to continue to suspend liquidation of 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 revised AD duty rates listed below, for entries of subject merchandise with a time of entry on or after June 19, 2009:
| Exporter | Final AD Rate |
|---|---|
| Nantong D & B Machinery Co., Ltd. 1 | 154.72% (from 168.18%) |
| Qingdao Huatian Truck Co., Ltd. 2 | 154.72% (from 168.18%) |
| China-wide Entity (including Superpower and Princeway)3 | 386.28% (from 324.43%) |
1 Nantong D & B Machinery Co., Ltd. exports and manufactures subject merchandise.
2 Qingdao Huatian Truck Co., Ltd. exports and manufactures subject merchandise
3Jiashan Superpower Tools Co., Ltd. (Superpower) and Princeway Furniture (Dong Guan) Co., Ltd. and Princeway Limited (Princeway) withdrew from participation after the preliminary determination. Their preliminary AD rates were: Superpower, 324.28%;. Princeway, 12.07%.
AD Duty Order to be Issued if ITC finds Injury/Threat of Injury
Within 45 days, the International Trade Commission will determine whether the domestic industry in the U.S. is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise.
If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the ITA will issue an AD duty order.
Final Changes to the Scope of the Investigation
In the list of major components of subject merchandise, since the initiation of the investigation, the ITA added a definition for major component number 8, "Hitch," as follows:
"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 ITA also added HTS numbers 8432.80.0010 and 8479.89.9896 to the scope of the investigation. (See final determination for the complete scope). 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 ITT's Online Archives or 01/29/09 news, 09012935, for BP summary of the preliminary AD duty determination.
See today's ITT, 09061945, for BP summary of the ITA's companion final affirmative CV duty determination.)
ITA contact - Karine Gziryan (202) 482-4081
ITA notice (FR Pub 06/19/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-14470.pdf
ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-tblg-final-061509.pdf