MESSAGE NO: 2343112
DATE: 12 09 1991
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 205
A - 570 - 206
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PERIOD COVERED:
12 09 1991
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: ANTIDUMPING DUTY ORDERS AND ADMENDMENTS TO FINAL
DETERMINATIONS; OSCILLATING FANS & CEILING FANS
FROM PRC (A-570-205), (A-570-206)
1.
The Department of Commerce published in the Federal Register on
October 25, 1991,
its final determinations of sales at less than
fair value regarding oscillating fans and ceiling fans from the PRC.
On
December 2, 1991, the International Trade Commission notified the
Department that such imports materially injure the respective U.S.
industries.
On December 9, 1991, the Department of Commerce
published in the Federal Register the amended final determinations
and the antidumping duty orders on oscillating fans and ceiling fans
from the PRC.
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 delivery 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.
3.
Oscillating fans are provided for under HTS subheading
8414.51.0090. Ceiling fans are provided for under HTS subheading
8414.51.0030.
The HTS subheadings are provided for convenience and
Customs purposes.
The written description remains dispositive as to
the scope of product coverage.
4. For further reporting purposes these cases have been assigned
investigation number A-570-807.
This number should be used when
dealing with the Department of Commerce only.
The Customs
identification numbers (see below) are to be used for Customs
identification purposes and blue line reports.
5. Based on the results of our amended final determinations, you
should terminate the suspension of liquidation on entries of
oscillating fans by Wuxi Electric Fan Factory.
In addition, you
should release all cash deposits or bonds posted on entries of Wuxi's
oscillating fans.
Based on our amended final determinations, we have
also revised the margin for CEC Electric Mfg Co and the "all others"
rates for both oscillating fans and ceiling fans, as indicated below.
In addition, the U.S. Customs Service
shall suspend or continue to
suspend liquidation of all entries of the following manufacturers,
producers and exporters that (except for those with 0% or de minimis
margins) are entered or withdrawn from warehouse, for consumption
on/or after October 25, 1991, and shall require a cash deposit equal
to the estimated amended final margin percentages listed below:
MANUFACTURER/PRODUCER
CUSTOMS IDFINAL MARGINEXPORTER
NUMBER
PERCENTAGE
Oscillating Fans:
Esteem Industries, Ltd.
A-570-205-001
0.79%
HASM Manufacturing Co.,Ltd
A-570-205-002
0.79%
Holmes Products (Far East) Ltd.
A-570-205-003
0.79%
Super Electric Motor Ltd.
A-570-205-004
0.79%
ASCO General Supplies
(Far East) Ltd.
A-570-205-005
0.79%
Durable Electrical Metal Factory
A-570-205-006
0.22% (excluded)
(de minimis)
Parawind Ltd.
A-570-205-007
0.22% (excluded)
(de minimis)
Paragon Industries (China) Inc.
A-570-205-008
0.00% (excluded)
Polaray Industrial Corp
A-570-205-009
0,00% (excluded)
Polaray Industrial
(Hong Kong) Corp. Ltd.
A-570-205-010
0.00% (excluded)
Wuxi Electric Fan Factory
A-570-205-011
0.35% (excluded)
(de minimis)
Others (Oscillating Fans)
A-570-205-000
0.79%
Ceiling Fans:
CEC Electrical Manufacturing
(International) Company, Ltd.,
A-570-206-001
2.47%
CEC Industries (Shenzhen) Ltd.
A-570-206-002
2.47%
Wing Tat Electric Mfg. Co. Ltd.
A-507-206-003
1.65%
China Miles Co. Ltd.
A-570-206-004
1.65%
Shell Electric Mfg.
(China) Co., Ltd.
A-570-206-005
0.47% (excluded)
(de minimis)
Shell Electric Mfg.
(Holdings) Co., Ltd
A-570-206-006
0.47% (excluded)
(de minimis)
SMC Electric Mfg. Co. (Sian Hua)
A-570-206-007
0.47% excluded)
(de minimis)
Xinhui Electric Motor Factory
A-570-206-008
0.00% (excluded)
Others (Ceiling Fans)
A-570-206-000
2.05%
THE AD/CVD MODULE HAS BEEN UPDATED TO REFLECT THE ABOVE INFORMATION
If there are any questions regarding this matter by Customs Officers,
Please contact via E-Mail, through the Regional
Antidumping/Countervailing Duty Coordinator, the Trade Compliance
Division, Antidumping/Countervailing Duty Branch, using attrbute "HQ
OAB."
All other interested parties (e.g. importers and attorneys)
Office of Antidumping Investigations, Import Administration.
International Trade Administration, U.S. Department of Commerce, (202)
377-4136 or (202) 377-4087, respectively.
Nancy McTiernan