MESSAGE NO: 3005112
DATE: 01 05 1993
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 210
A - 588 - 211
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PERIOD COVERED:
01 04 1993
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: PRELIMINARY DETERMINATIONS ON PROFESSIONAL ELECTRIC
CUTTING TOOLS (PECTS) AND PROFESSIONAL ELECTRIC SANDING
TOOLS (PESGTS) FROM JAPAN (010493 IS FED. REG. DATE)
1. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ON JANUARY 4, 1993, NOTICE OF ITS PRELIMINARY
DETERMINATIONS THAT PECTS AND PESGTS FROM JAPAN ARE BEING, OR ARE
LIKELY TO BE SOLD IN THE UNITED STATES AT LESS THAN FAIR VALUE.
2. THESE INVESTIGATIONS COVER TWO CLASSES OR KINDS OF
MERCHANDISE, PECTS AND PESGTS.
THE TOOLS MAY BE ASSEMBLED OR
UNASSEMBLED AND CORDED OR CORDLESS.
THE TERM "ELECTRIC" ENCOMPASSES ELECTROMECHANICAL DEVICES,
INCLUDING TOOLS WITH ELECTRONIC VARIABLE SPEED FEATURES.
THE TERM "ASSEMBLED" INCLUDES UNFINISHED OR INCOMPLETE ARTICLES,
WHICH HAVE THE ESSENTIAL CHARACTERISTICS OF THE FINISHED OR
COMPLETE TOOL.
THE TERM "UNASSEMBLED" MEANS COMPONENTS, WHICH WHEN TAKEN AS A
WHOLE, CAN BE CONVERTED INTO THE FINISHED OR UNFINISHED OR
INCOMPLETE TOOL THROUGH SIMPLE ASSEMBLY OPERATIONS, E.G., KITS.
PECTS HAVE BLADES OR OTHER
CUTTING DEVICES USED FOR CUTTING
WOOD, METAL, AND OTHER MATERIALS.
PECTS INCLUDE CHOP SAWS,
CIRCULAR SAWS, JIG SAWS, RECIPROCATING
SAWS, MITER SAWS,
PORTABLE BAND SAWS, CUT-OFF MACHINES, SHEARS, NIBBLERS, PLANERS,
ROUTERS, JOINERS, JOINTERS, METAL CUTTING SAWS, AND SIMILAR
CUTTING TOOLS.
PESGTS HAVE MOVING ABRASIVE SURFACES USED PRIMARILY FOR GRINDING,
SCRAPING, CLEANING, DEBURRING, AND POLISHING WOOD, METAL, AND
OTHER MATERIALS.
PESGTS INCLUDE ANGLE GRINDERS, FINISHING
SANDERS, DISC SANDERS, ORBITAL SANDERS, BELT SANDERS, POLISHERS,
STRAIGHT GRINDERS, DIE GRINDERS, AND SIMILAR SANDING/GRINDING
TOOLS.
THE PRODUCTS SUBJECT TO THESE INVESTIGATIONS INCLUDE ALL
HAND-HELD PECTS AND PESGTS AND CERTAIN BENCH-TOP, HAND-OPERATED
PECTS.
HAND-OPERATED TOOLS ARE DESIGNED SO THAT ONLY THE FUNCTIONAL OR
MOVING PART IS HELD AND MOVED BY HAND WHILE IN USE, THE WHOLE
BEING DESIGNED TO REST ON A TABLE TOP, BENCH, OR OTHER SURFACE.
BENCH-TOP TOOLS, ARE SMALL STATIONARY TOOLS THAT CAN BE MOUNTED
OR PLACED ON A TABLE OR BENCH.
THEY ARE GENERALLY
DISTINGUISHABLE FROM OTHER STATIONARY TOOLS BY SIZE AND EASE OF
MOVEMENT.
THE SCOPE OF THE PECT INVESTIGATION INCLUDES ONLY THE FOLLOWING
BENCH-TOP, HAND-OPERATED TOOLS:
CUT-OFF SAWS; PVC SAWS; CHOP
SAWS; CUT-OFF MACHINES, CURRENTLY CLASSIFIABLE UNDER SUBHEADING
8461 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (
HTSUS); ALL TYPES OF MITER SAWS, INCLUDING SLIDE COMPOUND SAWS,
CURRENTLY CLASSIFIABLE UNDER SUBHEADING 8465 OF THE HTSUS; AND
BAND SAWS WITH DETACHABLE BASES, ALSO CURRENTLY CLASSIFIABLE
UNDER SUBHEADING 8465 OF THE HTSUS; AND BAND SAWS WITH DETACHABLE
BASES, ALSO CURRENTLY CLASSIFIABLE UNDER SUBHEADING 8465 OF THE
HTSUS.
THESE INVESTIGATION DO NOT INCLUDE:
PROFESSIONAL ELECTRIC DRILLING/FASTENING TOOLS;
LAWN AND GARDEN TOOLS;
HEAT GUNS;
PAINT AND WALLPAPER STRIPPERS; AND
CHAIN SAWS, CURRENTLY CLASSIFIABLE UNDER SUBHEADING 8508 OF
THE HTSUS.
PARTS OR COMPONENTS OF PECTS AND PESGTS WHEN THEY ARE IMPORTED AS
KITS, OR AS ACCESSORIES IMPORTED TOGETHER WITH COVERED TOOLS.
ARE INCLUDED WITHIN THE SCOPE OF THESE INVESTIGATIONS.
"CORDED" AND "CORDLESS" CONSUMER ELECTRIC CUTTING TOOLS AND
CONSUMER ELECTRIC SANDING/GRINDING TOOLS ARE NOT INCLUDED WITHIN
THE SCOPE OF THESE INVESTIGATIONS.
"CORDED" CONSUMER ELECTRIC
POWER TOOLS (CEPTS), WHICH ARE DRIVEN BY ELECTRICAL CURRENT
PASSED THROUGH A POWER CORD, ARE, FOR PURPOSES OF THESE
INVESTIGATIONS, DEFINED AS POWER TOOLS WHICH HAVE AT LEAST FIVE
OF THE FOLLOWING SEVEN CHARACTERISTICS:
(1) THE PREDOMINANT USE OF SLEEVE OR PLAIN BEARINGS (I.E., A
MAJORITY OR GREATER NUMBER OF THE BEARINGS IN THE TOOL ARE SLEEVE
OR PLAIN BEARINGS);
(2) SPUR OR STRAIGHT LEVEL GEARING;
(3) A THEROM-PLASTIC JACKETED POWER SUPPLY CORD WITH A LENGTH OF
LESS THAN EIGHT FEET;
(4) A POWER SUPPLY CORD RESTRAINED BY A MOLDED-ON CORD PROTECTOR;
(5) THE ABSENCE OF USER-SERVICEABLE MOTOR BRUSHES;
(6) THE PREDOMINANT USE OF NON-HEAT TREATED TRANSMISSION PARTS
(I.E., A MAJORITY OR GREATER NUMBER OF THE TRANSMISSION PARTS IN
THE TOOL ARE NOT HEAT TREATED); AND
(7) THE PRESENCE OF ONLY ONE COIL PER SLOT ARMATURE.
IF A "CORDED" CEPT POSSESSES ONLY SIX OF THE SEVEN
CHARACTERISTICS, THEN THE TOOL MUST HAVE AT LEAST FOUR OF THE SIX
CHARACTERISTICS.
"CORDLESS" CEPTS ARE DISTINGUISHABLE FROM PROFESSIONAL ELECTRIC
"CORDLESS" TOOLS BY VOLTAGE.
WE PRELIMINARILY FIND THAT THE
VOLTAGE OF "CORDLESS" CEPTS DOES NOT EXCEED 7.2 VOLTS.
ANY
CORDLESS CUTTING OR SANDING/GRINDING TOOL OVER 7.2 VOLTS IS
COVERED.
PLEASE SEE PARAGRAPHS 5, 6, AND 7 FOR A LISTING OF
COMPANY-SPECIFIC PRODUCTS EXCLUDED FROM THESE INVESTIGATIONS.
WE HAVE EXAMINED THE COMMENTS OF ALL PARTIES IN REACHING THESE
PRELIMINARY DETERMINATIONS.
NONETHELESS, GIVEN THE COMPLICATED
NATURE OF THESE ISSUES, WE INVITE ALL PARTIES TO COMMENT ON OUR
PRELIMINARY DETERMINATION OF THE SCOPE OF THESE PROCEEDINGS.
WE
ARE ESPECIALLY INTERESTED IN COMMENTS REGARDING CRITERIA DEFINING
"CORDED" PROFESSIONAL POWER TOOLS, RATHER THAN "CORDED" CEPTS,
AND ADDITIONAL CRITERIA THAT SHOULD BE CONSIDERED IN
DISTINGUISHING PROFESSIONAL AND CONSUMER CORDLESS TOOLS.
SUCH
COMENTS SHOULD BE SUBMITTED TO THE DEPARTMENT NOT LATER THAN
FEBRUARY 1, 1993.
PECTS ARE CURRENTLY CLASSIFIABLE UNDER THE FOLLOWING SUBHEADINGS
OF THE HTSUS:
8508.20.00.20, 8508.20.00.70, 8508.20.00.90,
8461.50.00.20, 8465.91.00.35, 8508.80.00.55 AND 8508.80.00.65.
PESGTS ARE CURRENTLY CLASSIFIABLE UNDER THE FOLLOWING SUBHEADINGS
OF THE HTSUS:
8508.80.00.10, 8508.80.00.15, 8508.80.00.25,
8508.80.00.35, AND 8508.80.00.90.
ALTHOUGH THE HTSUS SUBHEADINGS
ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN
DISCRIPTIONS OF THE SCOPES OF THESE PROCEEDINGS ARE DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN
ASSIGNED THE FOLLOWING INVESTIGATION NUMBER A-588-823.
THIS
NUMBER SHOULD BE USED WHEN DEALING WITH THE DEPARTMENT OF
COMMERCE ONLY.
THE CUSTOMS IDENTIFICATION NUMBERS (BELOW) ARE TO
BE USED FOR CUSTOMS IDENTIFICATION PURPOSES.
4.
FOR ALL EXPORTS OF PECTS AND PESGTS FROM JAPAN.
THE CUSTOMS
SERVICE SHALL SUSPEND LIQUIDATION OF SUCH MERCHANDISE THAT IS
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OF AFTER
JANUARY 4, 1993, AND SHALL REQUIRE A CASH DEPOSIT OR POSTING OF A
BOND EQUAL TO THE APPROPRIATE ESTIMATED PRELIMINARY MARGIN
PERCENTAGES LISTED BELOW:
MANUFACTURER/PRODUCER/
IDENTIFICATION
WEIGHTED-AVERAGE
EXPORTER
NUMBER
MARGIN PERCENTGAGE
MAKITA CORPORATION
A-588-210-001
41.17%
PECTS
ALL OTHERS
A-588-210-000
41.17%
PECTS
MAKITA CORPORATION
A-588-211-001
38.98%
PESGTS
ALL OTHERS
A-588-211-000
38.98%
PESGTS
5.
THE FOLLOWING IS A LIST OF MAKITA'S PRODUCTS EXPORTED TO THE
UNITED STATES AND EXCLUDED FROM THE SCOPE OF THESE
INVESTIGATIONS:
CORDLESS CUTTING TOOLS:
MAKITA
MODEL NUMBER
TYPE OF TOOL
3700D
TRIMMER
3700DW
TRIMMER
3700DQK
TRIMMER
4307D
JIG SAW
4307DW
JIG SAW
HAND-OPERATED CUTTING TOOLS:
MAKITA
MODEL NUMBER
TYPE OF TOOL
KP300
PLANING MACHINE
LAP300R
PLANING MACHINE
LAP300S
PLANING MACHINE
LAP400
PLANING MACHINE
LA450
PLANING MACHINE
LA450SP
PLANING MACHINE
LA451
PLANING MACHINE
LA451SP
PLANING MACHINE
LB100
BAND SAW
LG200
SHAPING MACHINE
LJ310
PLANING MACHINE
LJ311
PLANING MACHINE
LK510
PLANING MACHINE
LM3001
WOODWORKING MACHINE
LM450
WOODWORKING MACHINE
LM450SP
WOODWORKING MACHINE
LM451
WOODWORKING MACHINE
LM451SP
WOODWORKING MACHINE
LPE500
PLANING MACHINE
LPE650
PLANING MACHINE
LP1802C
WOOD SURFACING MACHINE
LP1802CSP
WOOD SURFACING MACHINE
LP2502C
WOOD SURFACING MACHINE
LP2502CSP
WOOD SURFACING MACHINE
LP2521
WOOD SURFACING MACHINE
LP2523
WOOD SURFACING MACHINE
LP300
WOOD SURFACING MACHINE
NPE450
PLANING MACHINE
SJ350
SCROLL SAW
SJ500
SCROLL SAW
SJ700
SCROLL SAW
2004
PLANER/JOINTER
2006
PLANER/JOINTER
2012
PLANER
2012SP
PLANER
2020
PLANER/JOINTER
2030
PLANER/JOINTER
2030N
PLANER/JOINTER
2030NC
PLANER/JOINTER
2032
PLANER/JOINTER
2033
PLANER/JOINTER
2033C
PLANER/JOINTER
2040
PLANER
2114C
BAND SAW
2116A
BAND SAW
2116ASP
BAND SAW
2116A3
BAND SAW
2116A3SP
BAND SAW
2516
STATIONARY ROUTER
2516C
STATIONARY ROUTER
2516CSP
STATIONARY ROUTER
2516N
STATIONARY ROUTER
2516S
STATIONARY ROUTER
2700
TABLE SAW
2700N
TABLE SAW
2700NTP
TABLE SAW
2708
TABLE SAW
2708W
TABLE SAW
2711
TABLE SAW
5500B
TENONING MACHINE
5500S
TENONING MACHINE
5500SSP
TENONING MACHINE
5500T
TENONING MACHINE
5500T3
TENONING MACHINE
5501
TENONING MACHINE
55013
TENONING MACHINE
55013SP
TENONING MACHINE
7001
CHISEL MORTISER
7300S
CHISEL MORTISER
7304
CHISEL MORTISER
7305
CHISEL MORTISER
7305H
CHISEL MORTISER
7305HKI
CHISEL MORTISER
7305L
CHISEL MORTISER
2031
PLANER
2031NC
PLANER
GARDENING TOOLS:
MAKITA
MODEL NUMBER
TYPE OF TOOL
UH3000
HEDGE TRIMMER
UH3000D
HEDGE TRIMMER
UH3000DW
HEDGE TRIMMER
UH301DW
HEDGE TRIMMER
UH302DW
HEDGE TRIMMER
UH3070DW
HEDGE TRIMMER
UH3500
HEDGE TRIMMER
UH4500
HEDGE TRIMMER
UH4510A
HEDGE TRIMMER
UH4600
HEDGE TRIMMER
UH6300
HEDGE TRIMMER
UM1000D
GRASS SHEAR
UM1000DW
GRASS SHEAR
UM1070DW
GRASS SHEAR
UM1200D
GRASS TRIMMER
UM120DW
GRASS TRIMMER
UM1270DW
GRASS TRIMMER
UM160DW
GRSSS CUTTER
UM1690DW
GRASS CUTTER
UM1691D
GRASS CUTTER
UM1691DQ
GRASS CUTTER
UM1691DW
GRASS CUTTER
UM170
LAWN MOWER
UM230
LAWN MOWER
UM2301
GRASS CUTTER
UM2320
GRASS CUTTER
UM250
GRASS CUTTER
UM3010
LAWN MOWER
UM3100
LAWN MOWER
UM350
GRASS CUTTER
UM3520
GRASS CUTTER
4601DW
PRUNING SHEAR
4603DW
PRUNING SHEAR
4610D
PRUNING SHEAR
4610DW
PRUNING SHEAR
UH301D
HEDGE TRIMMER
UH6310A
HEDGE TRIMMER
CORDLESS SANDING/GRINDING TOOLS:
MAKITA
MODEL NUMBER
TYPE OF TOOL
9500D
GRINDER
9500DW
GRINDER
9035D
FINISHING SANDER
9035DW
FINISHING SANDER
9200D
POLISHER
9200DW
POLISHER
CORDED SANDING/GRINDING TOOLS:
MAKITA
MODEL NUMBER
TYPE OF TOOL
9036
FINISHING SANDER
9200YBK
WAX-MATE
9200YR
WAX-MATE
9200YV
WAX-MATE
9200Y
WAX-MATE
B04550
ORBITAL SANDER
B04550Z
ORBITAL SANDER
B05000
ORBITAL SANDER
HAND OPERATED SANDING/GRINDING TOOLS:
MAKITA
MODEL NUMBER
TYPE OF TOOL
GL500
KNIFE GRINDING MACHINE
9300
BENCH GRINDER
9306
BENCH GRINDER
9306S
BENCH GRINDER
9306SW
BENCH GRINDER
9308
BENCH GRINDER
9800
BENCH GRINDER
9803
SAW BLADE SHARPENER
9804
KNIFE GRINDER
9820
ELECTRIC SHARPENER
98201
ELECTRIC SHARPENER
98202
ELECTRIC SHARPENER
6.
THE FOLLOWING IS A LIST OF RYOBI'S PRODUCTS EXPORTED TO THE
UNITED STATES AND EXCLUDED FROM THESE INVESTIGATIONS:
CORDLESS SANDING/GRINDING TOOLS
RYOBI
MODEL NUMBER
TYPE OF TOOL
B0S40
ORBITAL SANDER
HAND-OPERATED CUTTING TOOLS
RYOBI
MODEL NUMBER
TYPE OF TOOL
AH115
PLANER-JOINTER
AP10
PLANER-JOINTER
AP125
PLANER-JOINTER
BS50N
BAND SAW
BS1100
BAND SAW
BT2500
TABLE SAW
BT3000
WOOD CUTTING SYSTEM
CM30A
CHAIN MORTISER
DM25A
CHISEL MORTISER
JP155
JOINTER-PLANER
RA200
RADIAL ARM SAW MACHINE
SC160
SCROLL SAW
W201S
BEAM SAW
7.
THE FOLLOWING IS A LIST OF HITACHI'S PRODUCTS EXPORTED TO THE
UNITED STATES AND EXCLUDED FROM THESE INVESTIGATIONS:
HAND-OPERATED CUTTING TOOLS
HITACHI
MODEL NUMBER
TYPE OF TOOL
C12Y
TABLE SAW
CB75F
BAND SAW
CB100F
BAND SAW
CB18FA
BAND SAW
F1000A
PLANER-JOINTER
P12R
PLANING MACHINE
P12RA
PLANING MACHINE
P100F
PLANING MACHINE
GARDENING TOOLS
HITACHI
MODEL NUMBER
TYPE OF TOOL
FCH66
HEDGE TRIMMER
FH35SA
HEDGE TRIMMER
FH45
HEDGE TRIMMER
HAND-OPERATED SANDING/GRINDING TOOLS
HITACHI
MODEL NUMBER
TYPE OF TOOL
NTG150
BENCH GRINDER
GT13
BENCH GRINDER
GT15
BENCH GRINDER
GT21
BENCH GRINDER
8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE REFERRED TO THE IMPORT SPECIALIST
DIVISION, OTHER AGENCY BRANCH, CUSTOMS HEADQUARTERS
BY E-MAIL
ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT BRIAN SMITH OF THE OFFICE OF ANTIDUMPING
INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
TELEPHONE (202) 482-1766.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN