[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Notices]
[Pages 42324-42328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16627]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-940]


Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from 
the People's Republic of China: Initiation of Countervailing Duty 
Investigation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: July 21, 2008.

FOR FURTHER INFORMATION CONTACT: Gene Calvert or Paul Matino, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-
3586 and (202) 482-4146, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On June 24, 2008, the Department of Commerce (the Department) 
received a petition filed in proper form by Agri-Fab, Inc. 
(petitioner), domestic producers of certain tow-behind lawn groomers 
and certain parts thereof (lawn groomers) from the People's Republic of 
China (PRC). On June 27, 2008, the Department issued requests for 
additional information and clarification of certain areas of the 
petition involving general issues and the countervailable subsidy 
allegations. Based on the Department's request, petitioner timely filed 
additional information concerning the petition on July 2, 2008. On June 
27 and July 7, 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 scope on July 9, 2008. In addition, petitioner 
provided an additional clarification of the scope of the Petition on 
July 10, 2009. See 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,'' July 11, 2008.
    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), petitioner alleges that manufacturers, producers, or 
exporters of lawn groomers in the PRC received countervailable 
subsidies within the meaning of section 701 of the Act, and that 
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 it is an interested party as defined 
in section 771(9)(C) of the Act, and petitioner has demonstrated 
sufficient industry support with respect to the countervailing duty 
investigation that it is requesting the Department to initiate (see 
infra, ``Determination of Industry Support for the Petition'').

Period of Investigation

    The anticipated period of investigation (POI) is calendar year 
2007. See 19 CFR 351.204(b)(2).

Scope of the Investigation

    The merchandise covered by this investigation is certain lawn 
groomers and certain parts thereof. See Attachment I to this notice for 
a complete description of the merchandise covered by this 
investigation.

Comments on Scope of the Investigation

    During our review of the petition, we discussed the scope with 
petitioner to ensure that it is an accurate reflection of the 
merchandise for which the domestic industry is seeking relief. 
Moreover, as discussed in the preamble to the regulations (see 
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 
27323 (May 19, 1997)), we are setting aside a period for interested 
parties to raise issues regarding product coverage. 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, 14\th\ Street and 
Constitution Avenue, N.W., 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.
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    \1\ Twenty calendar days after the date of signature is Sunday, 
August 3, 2008.
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Consultations

    Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department 
invited representatives of the Government of the People's Republic of 
China (the GOC) for consultations with respect to the countervailing 
duty petition. The Department held these consultations on July 9, 2008. 
See Memorandum to the File, Petition on Certain Tow Behind Lawn 
Grooming Products and Certain Parts Therof from the People's Republic 
of China: Consultations with the Government of the People's Republic of 
China, July 11, 2008 and on file in the Central Records Unit (CRU), 
Room 1117 of the main Commerce Building.

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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

[[Page 42325]]

petition. Moreover, section 702(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 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 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 title.'' 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 Countervailing Duty Investigation Initiation Checklist: 
Certain Tow Behind Lawn Groomers and Certain Parts Thereof from the 
People's Republic of China (Initiation Checklist), Industry Support at 
Attachment II, on file in the CRU.
    In determining whether petitioner has standing (i.e., those 
domestic workers and producers 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 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 702(c)(4)(D) of the Act. Second, 
the domestic producers (or workers) have met the statutory criteria for 
industry support under section 702(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. 
Finally, the domestic producers (or workers) have met the statutory 
criteria for industry support under section 702(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 702(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 countervailing duty investigation 
that it is requesting the Department initiate. See Initiation Checklist 
at Attachment II (Analysis of Industry Support for the Petition).

Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to these investigations. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that imports of lawn groomers from the PRC are 
benefitting from countervailable subsidies and that such imports are 
causing or threaten to cause, material injury to the domestic industry 
producing lawn groomers. In addition, petitioner alleges that 
subsidized imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.
    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).

Subsidy Allegations

    Section 702(b) of the Act requires the Department to initiate a 
countervailing duty proceeding whenever an interested

[[Page 42326]]

party files a petition on behalf of an industry that: (1) alleges the 
elements necessary for an imposition of a duty under section 701(a) of 
the Act and (2) is accompanied by information reasonably available to 
petitioner supporting the allegations. The Department has examined the 
countervailing duty petition on certain lawn groomers and parts thereof 
from the PRC and found that it complies with the requirements of 
section 702(b) of the Act. Therefore, in accordance with section 702(b) 
of the Act, we are initiating a countervailing duty investigation to 
determine whether manufacturers, producers, or exporters of certain 
lawn groomers and parts thereof from the PRC receive countervailable 
subsidies. For a discussion of evidence supporting our initiation 
determination, see Initiation Checklist.
    We are including in our investigation the following programs 
alleged in the petition to have provided countervailable subsidies to 
producers and exporters of the subject merchandise:
A. National Preferential Income Tax Programs
    1. Preferential Tax Policies for Enterprises with Foreign 
Investment (Two Free, Three Half Program)
    2. Income Tax Reductions for Export-Oriented Enterprises
    3. Refund of Enterprise Income Taxes on FIE Profits Reinvested in 
an Export-Oriented Enterprise
B. Value Added Tax (VAT) and Indirect Tax Programs at the National 
Level
    1. Income Tax Credits for FIEs Purchasing Domestically Produced 
Equipment
    2. Income Tax Credits on Purchases of Domestically-Produced 
Equipment by Domestically Owned Companies
    3. VAT refunds for FIEs Purchasing Domestically Produced Equipment
    4. Import Tariff and VAT Exemptions for Encouraged Industries 
Importing Equipment for Domestic Operations
    5. Export Incentive Payments Characterized as ``VAT Rebates''
C. Provision of Hot-Rolled Steel at Less Than Adequate Remuneration
D. Provincial and Local Income Tax Programs
    1. Reduced Income Taxes Based on Geographic Location (Zhejiang and 
Shandong Provinces)
    2. Income Tax Preferential Programs for FIEs in Zhejiang Province
    3. VAT Refunds for Encouraged FIEs Purchasing Domestic Equipment in 
Zhejiang Province
    4. VAT and Import Tariff Rebates for Encouraged FIEs Purchasing 
Imported Equipment in Zhejiang Province
    5. Export-Based ``Reward'' Subsidies for Enterprises in Zhejiang 
Province
    6. Refunds of Legal Fees Paid in Antidumping and Countervailing 
Duty Investigations in Zhejiang Province and Jiashan County
    7. Income Tax Programs in Huimin Industrial Park in Zhejiang 
Province
    8. Export-Based ``Reward'' Subsidies for Enterprises in Huimin 
Industrial Park in Zhejiang Province
    9. VAT and Import Tariff Rebates for Encouraged FIEs Purchasing 
Imported Equipment in Huimin Industrial Park in Zhejiang Province
    10. Income Tax Programs in the Hangzhou Export Processing Zone in 
Zhejiang Province
    11. Export Incentive Payments in the Form of VAT Rebates for 
Companies Located in the Hangzhou Export Processing Zone in Zhejiang 
Province
E. Preferential Policies and Benefits for Enterprises Located in 
Shandong Province
    1. Provision of Land for Less Than Adequate Remuneration for 
Export-Oriented FIEs for Enterprises Located in Shandong Province
F. Preferential Policies and Benefits in Qingdao Municipality
    1. Income Tax Programs for FIEs Located in Qingdao Municipality
    2. Income Tax Offsets and/or Refunds for FIEs Purchasing Domestic 
Equipment in Qingdao Municipality
    3. VAT and Import Tariff Rebates for Encouraged FIEs Purchasing 
Imported Equipment in Qingdao Municipality
    4. Provision of Land for Less Than Adequate Remuneration for 
Export-Oriented FIEs Located in Qingdao Municipality
G. Preferential Policies and Benefits for Enterprises Located in the 
Lingang Processing Industrial Zone in Qingdao Municipality
    1. Income Tax Programs in the Lingang Processing Industrial Zone
    2. VAT and Import Tariff Rebates for Encouraged FIEs Purchasing 
Imported Equipment in the Lingang Processing Industrial Zone
    For further information explaining why the Department is 
investigating these programs, see Initiation Checklist.
We are not including in our investigation the following programs 
alleged to benefit producers and exporters of the subject merchandise 
in the PRC.
1. Preferential Loans Pursuant to the Iron and Steel Policy
2. Preferential Lending Policies in Pursuant to Provincial Five-Year 
Plans (Shandong and Zhejiang Provinces)
For further explanation of the Department's decision not to investigate 
these programs, see Initiation Checklist.

Application of the Countervailing Duty Law to the PRC

    The Department has treated the PRC as a non-market economy (NME) 
country in all past antidumping duty investigations and administrative 
reviews. In accordance with section 771(18)(C)(i) of the Act, any 
determination that a country is an NME country shall remain in effect 
until revoked by the administering authority. See, e.g., Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, (TRBs) From the 
People's Republic of China: Preliminary Results of 2001-2002 
Administrative Review and Partial Rescission of Review, 68 FR 7500 
(February 14, 2003), unchanged in TRBs from the People's Republic of 
China: Final Results of 2001-2002 Administrative Review, 68 FR 70488 
(December 18, 2003). In the final affirmative countervailing duty 
determination on coated free sheet paper from the PRC, the Department 
determined that the current nature of the PRC economy does not create 
obstacles to applying the necessary criteria in the CVD law. See Coated 
Free Sheet Paper from the People's Republic of China: Final Affirmative 
Countervailing Duty Determination, 72 FR 60645 (October 25, 2007), and 
the accompanying Issues and Decision Memorandum at Comment 1; see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic of 
China: Final Affirmative Countervailing Duty Determination and Final 
Affirmative Determination of Critical Circumstances, 73 FR 31966 (June 
5, 2008) and accompanying Issues and Decision Memorandum at Comment 1. 
Therefore, because petitioner has provided sufficient information to 
support its allegations to meet the statutory criteria for initiating a 
countervailing duty investigation of certain tow behind lawn groomers 
and parts thereof from the PRC, initiation of a countervailing duty 
investigation is warranted in this case.

[[Page 42327]]

Respondent Selection

    To determine the total and relative volume and value of import data 
for each potential respondent, the Department normally relies on 
Customs and Border Protection import data for the POI. However, in the 
instant proceeding, the Harmonized Tariff Schedule of the United States 
(HTSUS) categories that include subject merchandise are very broad, and 
include products other than products subject to this investigation. 
Further, imports of subject merchandise, as estimated by petitioner, 
account for only 3.8 percent by value of imports under the relevant 
HTSUS categories. Therefore, because of the unique circumstances of 
this case, the Department will issue ``Quantity and Value 
Questionnaires'' to potential respondents for the purposes of 
respondent selection.
    The Department requires that the respondents submit a response to 
the quantity and value questionnaire. See, e.g., Circular Welded 
Austenitic Stainless Pressure Pipe from the People's Republic of China: 
Initiation of Antidumping Duty Investigation, 73 FR 10221, 10225 
(February 26, 2008). This response must be submitted by all exporters/
producers no later than July 28, 2008. The Department will post the 
quantity and value questionnaire along with the filing instructions on 
the Import Administration's website, 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.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act, a copy of 
the public version of the petition has been provided to the GOC. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the petition to each exporter named in the petition, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    We have notified the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, by no later than August 8, 
2008, whether there is reasonable indication that imports of subsidized 
certain tow behind lawn groomers and parts thereof from the PRC are 
causing material injury, or threatening to cause material injury, to a 
U.S. industry.
    See Section 703(a)(2) of the Act. A negative ITC determination will 
result in the investigation being terminated; otherwise, the 
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 Secretaryfor Import Administration.

Appendix I

Scope of the Countervailing Duty Investigation Lawn Groomers from the 
People's Republic of China

    The scope of this investigation 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 this 
investigation, 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 
investigation. 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 investigation.
    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 investigation. 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 investigation.
    Also included in the scope of the investigation 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 
investigation. 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 
investigation. For purposes of this investigation, ``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

[[Page 42328]]

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 this investigation 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 this investigation 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 this 
petition.
[FR Doc. E8-16627 Filed 7-18-08; 8:45 am]
BILLING CODE 3510-DS-S