AD/CVD message 3147111 - FINAL DETERMINATIONS IN THE ANTIDUMPING DUTY INVESTIGATIONS OF PROFESSIONAL ELECTRIC CUTTING/SANDING/ GRINDING TOOLS FM JAPAN (A-588-210 & A-588-211)

3147111
May 27, 1993
Active

Category: Antidumping • Type: Final Determination • Cases: A-588-210 A-588-211

MESSAGE NO: 3147111 DATE: 05 27 1993
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 210 A - 588 - 211
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PERIOD COVERED: 05 26 1993 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: FINAL DETERMINATIONS IN THE ANTIDUMPING DUTY
INVESTIGATIONS OF PROFESSIONAL ELECTRIC CUTTING/SANDING/
GRINDING TOOLS FM JAPAN (A-588-210 & A-588-211)

1. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ON MAY 26, 1993, NOTICE OF ITS FINAL 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 MITER
SAWS AND COMPOUND MITER SAWS, 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" PECTS AND PESGTS ARE INCLUDED WITHIN THE
SCOPE OF THESE INVESTIGATIONS. "CORDED" PROFESSIONAL ELECTRIC
POWER TOOLS (PEPTS), 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 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 PREDOMINANT 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" PEPT.

"CORDLESS" PEPTS, FOR THE PURPOSES OF THESE PURPOSES OF THESE
INVESTIGATIONS, CONSIST OF THOSE CORDLESS ELECTRIC POWER TOOLS
HAVING A VOLTAGE OF 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.

PESGTS ARE CURRENTLY CLASSIFIABLE UNDER THE FOLLOWING SUBHEADINGS
OF THE HTSUS: 8508.80.00.10, 8508.80.00.15, 8508.80.00.25 AND
8508.80.00.35. ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTIONS OF THE
SCOPE OF THESE PROCEEDINGS ARE DISPOSITIVE.

PLEASE SEE PARAGRAPHS 5, 6, 7, 8 AND 9 FOR A LISTING OF
COMPANY-SPECIFIC PRODUCTS EXCLUDED FROM THESE INVESTIGATIONS.

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. THE U.S. CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRIES OF PECTS AND PESGTS FRO JAPAN THAT ARE
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER
MAY 26, 1993, AND SHALL REQUIRE A CASH DEPOSIT OR POSTING OF A
BOND EQUAL TO THE APPROPRIATE ESTIMATED FINAL MARGIN PERCENTAGES
LISTED BELOW:

MANUFACTURER/PRODUCER/ IDENTIFICATION WEIGHTED-AVERAGE
EXPORTER NUMBER MARGIN PERCENTGAGE

MAKITA CORPORATION A-588-210-001 54.43% PECTS

ALL OTHERS A-588-210-000 54.43% PECTS

MAKITA CORPORATION A-588-211-001 46.75% PESGTS

ALL OTHERS A-588-211-000 46.75% 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

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

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

9035 FINISHING SANDER
9035N FINISHING SANDER
9036 FINISHING SANDER
9200YBK WAX-MATE
9200YR WAX-MATE
9200YV WAX-MATE
9200Y WAX-MATE
9514B FINISHING SANDER
B04550 ORBITAL SANDER
B04550Z ORBITAL SANDER
B05000 ORBITAL SANDER

M901 FINISHING SANDER
M903 FINISHING SANDER
M904 FINISHING 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

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

ATTACHMENT 2-D

8. THE FOLLOWING IS A LIST OF TOOLS IMPORTED BY AMADA CUTTING
TECHNOLOGIES WHICH ARE EXCLUDED FROM THE SCOPE OF THESE
INVESTIGATIONS.

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

9. THE FOLLOWING IS A LIST OF TOOLS IMPORTED BY PAUL GESSWEIN
COMPANY WHICH ARE EXCLUDED FROM THE SCOPE OF THESE INVESTIGATIONS

HAND HELD CUTTING AND SANDING/GRINDING TOOLS

PAUL GESSWEIN COMPANY

MODEL # TYPE OF TOOL

Z-15X HIGH TORQUE ROTARY #510-2170
Z-30X GENERAL PURPOSE ROTARY #510-2180
Z-20X SLIMLINE ROTARY #510-2177
Z-35X SLIMLINE ROTARY #510-2187
Z-55X SUPER HIGH SPEED ROTARY #510-2190
RX-15X RIGHT ANGLE ROTARY #510-2120
RZ-15X RIGHT ANGLE ROTARY #510-2120
SZX PROFILER #510-2140
CZ-15X CONTRA ANGLE ROTARY #510-2125
BZX BELT SANDER #510-2130
Z-2X RECIPRO #510-2150
Z-6X RECIPRO #510-2160
Z-SLX SLENDER HEAD #501-2220
Z-ANX ANGEL HEAD #510-2240
Z-CNX ANGLE HEAD #510-2250
Z-STX STANDARD HEAD #510-2200
Z-ARX AIR HEAD #510-2210
Z-HDX HEAVY DUTY HEAD #510-2230

Z-M15X MOTOR ASSEMBLY #510-2175
Z-M30X MOTOR ASSEMBLY #510-2185
Z-M20X MOTOR ASSEMBLY #510-2178
Z-M35X MOTOR ASSEMBLY #510-2188
Z-M55X MOTOR ASSEMBLY #510-2195

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 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