MESSAGE NO: 3196111
DATE: 07 15 1993
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 210
A - 588 - 211
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PERIOD COVERED:
07 12 1993
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: AMENDED FINAL ANTIDUMPING DUTY DETERMINATION AND
ANTIDUMPING DUTY ORDER FOR PECTS AND NEGATIVE FINAL
INJURY DETERMINATION FOR PESGTS
1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JULY 12, 1993, NOTICE OF AN AMENDED FINAL DETERMINATION AND
ANTIDUMPING DUTY ORDER ON PECTS FROM JAPAN.
2.
THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE
COMMERCE DEPARTMENT ON JULY 6, 1993, OF ITS DETERMINATIONS THAT
SALES OF PECTS AT LESS THAN FAIR VALUE MATERIALLY INJURED THE
U.S. DOMESTIC PRODUCERS OF PECTS (A-588-210), BUT SALES OF PESGTS
AT LESS THAN FAIR VALUE DID NOT INJURE, NOR THREATENED MATERIAL
INJURY TO, THE U.S. DOMESTIC PRODUCERS OF PESGTS (A-588-211).
3.
BECAUSE OF THE NEGATIVE INJURY DETERMINATION FOR PESGTS, THE
U.S. CUSTOMS SERVICE SHALL DISCONTINUE SUSPENSION OF LIQUIDATION
OF ONLY PESGTS. ALL ESTIMATED ANTIDUMPING DUTIES DEPOSITED ON
SUCH ENTRIES SHALL BE REFUNDED AND THE APPROPRIATE BONDS OR OTHER
SECURITIES BE RELEASED AT THE TIME OF LIQUIDATION.
4.
DISCONTINUATION OF SUSPENSION OF LIQUIDATION FOR PESGTS IS
ORDERED FORTHE FOLLOWING:
MANUFACTURER/PRODUCER
ID #
EXPORTER
MAKITA CORPORATION
A-588-211-001
ALL OTHERS
A-588-211-000
5.
SINCE THE ITC FOUND MATERIAL INJURY WITH RESPECT TO PECTS IN
ITS FINAL DETERMINATION, THE PRODUCTS COVERED BY THE ANTIDUMPING
DUTY ORDER ARE PROFESSIONAL ELECTRIC CUTTING TOOLS (PECTS).
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.
THE PRODUCTS SUBJECT TO THIS ORDER INCLUDE ALL HAND-HELD PECTS
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 PECTS ORDER 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 MITER
SAWS AND COMPOUND MITER SAWS, CURRENTLY CLASSIFIABLE UNDER
SUBHEADING 8465 OF THE HTSUS; AND PORTABLE BAND SAWS WITH
DETACHABLE BASES, ALSO CURRENTLY CLASSIFIABLE UNDER SUBHEADING
8465 OF THE HTSUS.
THIS ORDER DOES NOT INCLUDE:
PROFESSIONAL SANDING/GRINDING TOOLS;
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 WHEN THEY ARE IMPORTED AS KITS, OR
ASACCESSORIES IMPORTED TOGETHER WITH COVERED TOOLS,
ARE INCLUDED WITHIN THE SCOPE OF THIS ORDER.
"CORDED." AND "CORDLESS" PECTS ARE INCLUDED WITHIN THE SCOPE OF
THIS ORDER.
"CORDED" PECTS, WHICH ARE DRIVEN BY ELECTRICAL
CURRENTPASSED THROUGH A POWER CORD, ARE, FOR PURPOSES OF THIS
ORDER DEFINED AS POWER TOOLS WHICH HAVE AT LEAST FIVE OF THE
FOLLOWING SEVEN CHARACTERISTICS:
(1) THE PREDOMINATE USE OF BALL, NEEDLE OR ROLLER BEARINGS (I.E.,
A MAJORITY OR GREATER NUMBER OF THE BEARINGS IN THE TOOL ARE
BALL, NEEDLE OR ROLLER BEARINGS);
(2) HELICAL, SPIRAL BEVEL OR WORM GEARING:
(3) RUBBER (OR SOME EQUIVALENT MATERIAL WHICH MEETS UL'S
SPECIFICATIONS S OR SJ) JACKETED POWER SUPPLY CORD WITH A
LENGTH OF 8 FEET OR MORE;
(4) A POWER SUPPLY CORD WITH A SEPARATE CORD PROTECTOR;
(5) EXTERNALLY ACCESSIBLE MOTOR BRUSHES;
(6) THE PREDOMINATE USE OF HEAT TREATED TRANSMISSION PARTS (I.E.,
A MAJORITY OR GREATER NUMBER OF THE TRANSMISSION PARTS IN THE
TOOL ARE HEAT TREATED); AND
(7) THE PRESENCE OF MORE THAN ONE COIL PER SLOT ARMATURE.
IF ONLY SIX OF THE ABOVE SEVEN CHARACTERISTICS ARE APPLICABLE TO
A PARTICULAR "CORDED" TOOL, THEN THAT TOOL MUST HAVE AT LEAST
FOUR OF THE SIX CHARACTERISTICS TO BE CONSIDERED A "CORDED" PECT.
"CORDLESS" PECTS, FOR THE PURPOSES OF THIS ORDER, CONSIST OF
THOSE CORDLESS ELECTRIC POWER TOOLS HAVING A VOLTAGE GREATER THAN
7.2 VOLTS AND A BATTERY RECHARGE TIME OF ONE HOUR OR LESS.
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, 8508.80.00.65 AND
8508.80.00.90.
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS
ORDER IS DISPOSITIVE.
PLEASE SEE PARAGRAPHS 9, 10, 11, AND 12 FOR A LISTING OF
COMPANY-SPECIFIC PRODUCTS EXCLUDED FROM THIS ORDER.
6.
FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
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 AND BLUE LINE REPORTS.
7.
BLUE LINE REPORTS ARE REQUIRED FOR WAREHOUSE WITHDRAWALS FOR
CONSUMPTION.
8.
THE U.S. CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRIES OF PECTS FROM JAPAN THAT ARE ENTERED
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JANUARY
4, 1993.
IN ADDITION, EFFECTIVE JULY 12, 1993, CUSTOMS OFFICIALS
SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE ESTIMATED MARGIN
PERCENTAGES LISTED BELOW FOR ALL ENTRIES OF THE SUBJECT
MERCHANDISE OR WITHDRAWALS FROM WAREHOUSE, FOR CONSUMPTION ON AND
AFTER JULY 12, 1993.
MANUFACTURER/PRODUCER/
IDENTIFICATION
WEIGHTED-AVERAGE
EXPORTER
NUMBER
MARGIN PERCENTGAGE
MAKITA CORPORATION
A-588-210-001
54.52%
ALL OTHERS
A-588-210-000
54.52%
9.
THE FOLLOWING IS A LIST OF MAKITA'S PRODUCTS EXPORTED TO
THEUNITED STATES AND EXCLUDED FROM THE SCOPE OF THIS ORDER:
CORDLESS CUTTING TOOLS:
MAKITA
MODEL NUMBER
TYPE OF TOOL
3700D
TRIMMER
3700DW
TRIMMER
3700DQK
TRIMMER
4307D
JIG SAW
4307DW
JIG SAW
CORDED CUTTING TOOLS:
MAKITA
MODEL NUMBER
TYPE OF TOOL
4320
JIG SAW
HAND-OPERATED CUTTING TOOLS:
MAKITA
MODEL NUMBER
TYPE OF TOOL
B180
BAND SAW
B181
BAND SAW
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
PP180
PUNCHER
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
10.
THE FOLLOWING IS A LIST OF RYOBI'S PRODUCTS EXPORTED TO THE
UNITED STATES AND EXCLUDED FROM THIS ORDER:
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
11.
THE FOLLOWING IS A LIST OF HITACHI'S PRODUCTS EXPORTED TO
THE UNITED STATES AND EXCLUDED FROM THIS ORDER:
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
12.
THE FOLLOWING IS A LIST OF TOOLS IMPORTED BY AMADA CUTTING
TECHNOLOGIES WHICH ARE EXCLUDED FROM THE SCOPE OF THIS ORDER.
HAND OPERATED CUTTING TOOLS
AMADA CUTTING TECHNOLOGIES
MODEL #
TYPE OF TOOL
HFA-250W
BAND SAW
HFA-400W
BAND SAW
HFA-500
BAND SAW
HFA-700
BAND SAW
HA-250W
BAND SAW
HA-400W
BAND SAW
HA-500
BAND SAW
HA-700
BAND SAW
H-250SA
BAND SAW
H-250D
BAND SAW
H-400
BAND SAW
H-650H
BAND SAW
H-700
BAND SAW
H-1080
BAND SAW
H-1300(L)
BAND SAW
H-650HD
BAND SAW
HK-800
BAND SAW
HKA-800
BAND SAW
H-900HD
BAND SAW
13. 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, VIA 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