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CV: China Tow Behind Lawn Groomers & Parts

The International Trade Administration has made a final affirmative countervailing duty determination that countervailable subsidies are being provided to producers and exporters of certain tow behind lawn groomers and certain parts thereof from China.

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CV Liquidation Suspended Through March 23, 2009

The ITA has instructed U.S. Customs and Border Protection to continue the suspension of liquidation for CV duty purposes of entries of subject merchandise from November 24, 2008, through March 23, 2009.

CV Liquidation Reinstated and No Cash/Bonding as of March 24, 2009

The ITA has also instructed CBP to discontinue the suspension of liquidation for CV duty purposes, and the collection of CV duty cash deposits or bonds for subject merchandise entered on or after March 24, 2009.

(See ITT's Online Archives or 03/31/09 news, 09033145, for BP summary of CBP's discontinuation of the suspension of liquidation and cash deposit requirements.)

CV Liquidation to be Suspended Again, Cash Deposit, if CV Order Issued

The ITA will issue a CV order, reinstate the CV suspension of liquidation, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV duty rates listed below if the ITC issues a final affirmative injury determination:

(If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.)

Exporter/Manufacturer
Princeway Furniture (Dong Guan) Co., Ltd. and Princeway Limited (collectively, Princeway)
Jiashan Superpower Tools Co., Ltd.
Maxchief Investments Ltd.
Qingdao EA Huabang Instrument Co., Ltd.
Qingdao Hundai Tools Co., Ltd.
Qingdao Taifa Group Co., Ltd.
World Factory, Inc.
All others

1 These rates are both de minimis and as a result, Princeway is expected to continue to be excluded from the investigation and not subject to suspension of liquidation or cash deposit/bond requirements.

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 today's issue of ITT, 09061950, for BP summary of the ITA's final affirmative determination in the companion antidumping duty investigation.

See ITT's Online Archives or 11/25/08 news, 08112535, for BP summary of the preliminary CV duty determination. See.)

ITA contact - Gene Calvert (202) 482-3586

ITA notice (FR Pub 06/19/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-14471.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-tblg-final-061509.pdf