MESSAGE NO: 2084112
DATE: 03 24 1992
CATEGORY: CVD
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
C - 570 - 816
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
03 23 1992
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: PRELIMINARY NEGATIVE COUNTERVAILING DUTY DETERMINATIONS
OSCILLATING AND CEILING FANS FROM CHINA (PRC)
1.
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON MARCH 23, 1992, NOTICE OF ITS PRELIMINARY DETERMINATION THAT
NO BENEFITS WHICH CONSTITUTE BOUNTIES OR GRANTS WITHIN THE
MEANING OF THE COUNTERVAILING DUTY LAW ARE BEING PROVIDED TO THE
MANUFACTURERS OF OSCILLATING AND CEILING FANS
FROM
THE PEOPLE'S
REPUBLIC OF CHINA.
THE FINAL DETERMINATION IS SCHEDULED FOR
JUNE 1, 1992.
2.
IMPORTS
COVERED
BY
THESE
INVESTIGATIONS
CONSTITUTE
TWO SEPARATE CLASSES OR KINDS
OF MERCHANDISE:
(1) OSCILLATING FANS; AND
(2) CEILING FANS.
OSCILLATING FANS
ARE ELECTRIC FANS THAT DIRECT A
FLOW
OF AIR
USING A
FAN BLADE/MOTOR UNIT THAT PIVOTS BACK AND FORTH ON A
STATIONARY BASE ("OSCILLATES"). OSCILLATING FANS INCORPORATE A
SELF CONTAINED ELECTRIC MOTOR OF AN OUTPUT NOT EXCEEDING 125
WATTS.
CEILING FANS
ARE DESIGNED FOR PERMANENT OR SEMI-PERMANENT
INSTALLATION. WINDOW
FANS, INDUSTRIAL OSCILLATING FANS,
INDUSTRIAL CEILING FANS, AND COMMERCIAL VENTILATOR FANS ARE NOT
INCLUDED WITHIN THE SCOPE OF THESE INVESTIGATIONS.
FURTHERMORE,
INDUSTRIAL CEILING FANS ARE DEFINED AS CEILING FANS THAT MEET SIX
OR MORE OF THE FOLLOWING
CRITERIA IN ANY COMBINATION:
A
MAXIMUM
SPEED OF GREATER THAN
280 REVOLUTIONS PER MINUTE
(RPMS);
A
MINIMUM AIR DELIVER
CAPACITY
OF
8000
CUBIC FEET
PER
MINUTE
CFM); NO REVERSIBLE
MOTOR
SWITCH; CONTROLLED BY
WALL-MOUNTED ELECTRONIC SWITCH;
NO
BUILT-IN MOTOR CONTROLS; NO
DECORATIVE FEATURES; NOT LIGHT ADAPTABLE; FAN BLADES GREATER THAN
52 INCHES
IN DIAMETER; METAL
FAN
BLADES;
DOWNROD
MOUNTING
ONLY-NO HUGGER MOUNTING CAPABILITY; THREE FAN BLADES; FAN
BLADES MOUNTED ON TOP OF MOTOR HOUSING; SINGLE-SPEED MOTOR.
THE HARMONIZED TARIFF SCHEDULE
(HTS) SUBHEADING UNDER
WHICH
OSCILLATING
FANS
ARE
CLASSIFIABLE
IS
8414.51.0090.
THE
HTS SUBHEADING
UNDER
WHICH
CEILING
FANS
ARE
CLASSIFIABLE
IS 8414.51.0030.
ALTHOUGH
THE
HTS SUBHEADINGS
ARE
PROVIDED
FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF
THE SCOPE OF THIS PROCEEDING IS DISPOSITIVE.
3.
FOR
FURTHER
REPORTING
PURPOSES,
THIS COUNTERVAILING
DUTY INVESTIGATION HAS BEEN ASSIGNED INVESTIGATION NUMBER
C-570-816.
4.
IF
THERE ARE
ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS, THEY
SHOULD CONTACT
THE
IMPORT SPECIALISTS
DIVISION, OTHER
AGENCY BRANCH, CUSTOMS HEADQUARTERS (FTS
535-4931), OR BY EMAIL
TO ATTRIBUTE "HQ
OAB."
THE IMPORTING
PUBLIC
AND OTHER INTERESTED PARTIES SHOULD CONTACT ROSS COTJANLE
OR
BETH GRAHAM, OFFICE
OF
COUNTERVAILING
INVESTIGATIONS,
INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT
OF
COMMERCE,
AT
(202)377-3534 OR (202)377-4105, RESPECTIVELY.
5. THERE ARE NO RESTRICTIONS ON DISCLOSING THE ABOVE INFORMATION.
NANCY MCTIERNAN
NOTE: THIS MESSAGE WAS INADVERTENTLY NOT POSTED TO ADIL BECAUSE
THE PERIOD COVERED IN THE HEADER WAS NOT CORRECTLY COMPLETED SO
HAS BEEN POSTED TO ADIL ON DECEMBER 1, 2009. THE ORIGINAL
MESSAGE WAS SENT TO REGIONAL DIRECTORS, COMMERCIAL OPERATIONS,
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS, NOT DIRECTORS,
FIELD OPERATIONS AND PORT DIRECTORS. DIRECTOR, IMPORT
SPECIALIST DIVISION IS NOW SHOWN AS DIRECTOR, SPECIAL
ENFORCEMENT. THE BALANCE OF THE TEXT AND INFORMATION REMAINS
UNCHANGED. THIS MESSAGE WITH THE CORRECTED HEADER HAS BEEN
POSTED TO THE ADD/CVD SEARCH APPLICATION ON CBP.GOV.