MESSAGE NO: 2160111
DATE: 06 08 1992
CATEGORY: CVD
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
C - 570 - 816
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
06 05 1992
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: FINAL NEGATIVE COUNTERVAILING DUTY DETERMINATION:
OSCILLATING AND CEILING FRANS FROM THE PEOPLE'S REPUBLIC
OF CHINA
1.
THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER
ON
JUNE
5,
1992, NOTICE
OF
ITS
FINAL 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.
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 ELECTRIC FANS THAT DIRECT
A DOWNWARD AND/OR UPWARD FLOW
OF
AIR
USING
A
FAN BLADE/MOTOR
UNIT.
CEILING
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.
NO ENTRIES SHOULD HAVE BEEN SUSPENDED FOR COUNTERVAILING DUTY
PURPOSES.
THERE
IS
HOWEVER,
A
CONCURRENT ANTIDUMPING
CASE.
ENTRIES SHOULD BE SUSPENDED UNDER
THE ANTIDUMPING CASE UNLESS OR
UNTIL LIQUIDATION INSTRUCTIONS ARE RECEIVED.
4.
IF
THERE ARE
ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY
SHOULD CONTACT
THE
IMPORT SPECIALISTS DIVISION,
OTHER
AGENCY BRANCH, CUSTOMS HEADQUARTERS (202-566-8651), 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