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.