Tow-Behind Lawn Groomers and Certain Parts Thereof From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 26928-26929 [2020-09670]

Download as PDF 26928 Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Notices Dated: April 30, 2020. Joseph Laroski, Deputy Assistant Secretary for Policy and Negotiations. pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), AgriFab, Inc. (domestic interested party) filed with Commerce a timely and complete notice of intent to participate in the sunset review,2 and a timely and adequate substantive response.3 Commerce did not receive a substantive response from any respondent interested party. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order.4 Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margin of Dumping Likely To Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2020–09671 Filed 5–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–939] Tow-Behind Lawn Groomers and Certain Parts Thereof From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on towbehind lawn groomers and certain parts thereof from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping, at the level indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable May 6, 2020. FOR FURTHER INFORMATION CONTACT: Dakota Potts, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0223. SUPPLEMENTARY INFORMATION: AGENCY: Background After publication of the notice of initiation of this sunset review of the AD order on tow-behind lawn groomers and certain parts thereof from China,1 1 See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 (January 2, 2020); see also Antidumping Duty Order: Certain Tow Behind Lawn Groomers and Certain Parts Thereof from the People’s Republic of China, 74 FR 38395 (August 3, 2009) (Order). VerDate Sep<11>2014 19:08 May 05, 2020 Jkt 250001 Scope of the Order The merchandise covered by the order is certain non-motorized tow-behind lawn groomers, manufactured from any material, and certain parts thereof, from China. The lawn groomers that are the subject of this order are currently classifiable in the Harmonized Tariff schedule of the United States (‘‘HTSUS’’) statistical reporting numbers 8432.41.0000, 8432.42.0000, 8432.80.0000, 8432.80.0010, 8432.90.0060, 8432.90.0081, 8479.89.9496, 8479.90.9496, and 9603.50.0000. These HTSUS provisions are given for reference and customs purposes only, and the description of merchandise is dispositive for determining the scope of the product included in this order.5 Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping in the event of revocation of the Order and the magnitude of the dumping margins likely to prevail if the Order were to be revoked, is provided in the accompanying Issues and Decision Memorandum.6 A list of the topics 2 See Domestic Interested Party’s Letter, ‘‘Second Five-Year (‘‘Sunset’’) Review of Antidumping Duty Order on Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from The People’s Republic of China; Notice of Intent to Participate,’’ dated January 16, 2020. 3 See Domestic Interested Party’s Letter, ‘‘Second Five-Year (‘‘Sunset’’) Review of Antidumping Duty Order on Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from The People’s Republic of China; Agri-Fab’s Response to Notice of Initiation,’’ dated January 31, 2020 (Substantive Response). 4 For a complete description of the background of this sunset review of the Order, see Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Second Sunset Review of the Antidumping Duty Order on Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 The full scope of the Order is included in the Issues and Decision Memorandum. 6 Id. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed on the internet at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weightedaverage dumping margins up to 386.28 percent. Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials, or conversion to judicial protective, orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218 and 19 CFR 351.221(c)(5)(ii). Dated: April 30, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margin of Dumping Likely To Prevail E:\FR\FM\06MYN1.SGM 06MYN1 Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Notices VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2020–09670 Filed 5–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–011] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty order on Certain Crystalline Silicon Photovoltaic Products (certain solar products) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies as indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable May 6, 2020. FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3870. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 18, 2015, Commerce published its CVD order on certain solar products from China in the Federal Register.1 On January 2, 2020, Commerce initiated the first sunset review of the countervailing duty order covering certain solar products from China, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 Commerce received notices of intent to participate in this sunset review from SunPower Manufacturing Oregon, LLC (SunPower) and Hanwha Q CELLS USA, Inc. (Q Cells) (collectively, the domestic interested parties), within the 15-day period specified in 19 CFR 1 See Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 (January 2, 2020) (Notice of Initiation). VerDate Sep<11>2014 19:08 May 05, 2020 Jkt 250001 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as producers of certain solar products. Commerce received adequate substantive responses to the Notice of Initiation from the domestic interested parties within the 30-day period specified in 19 CFR 351.218(d)(3)(i).4 On February 25, 2020, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive a substantive response from respondent interested parties.5 In accordance with section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order on certain solar products from China. Scope of the Order The products covered by the Order is certain solar products, which are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. A full description of the scope of the Order is contained in the accompanying Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of countervailable subsidies and the net countervailable subsidy likely to prevail if the Order were revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this 3 See SunPower’s Letter, ‘‘Crystalline Silicon Photovoltaic Products from China and Taiwan: Intent to Participate in Sunset Reviews,’’ dated January 13, 2020; see also Q Cells’ Letter, ‘‘Crystalline Silicon Photovoltaic Products from People Republic of China and Taiwan: Hanwha Q CELLS USA, Inc.’s Notice of Intent to Participate in Sunset Reviews,’’ dated January 17, 2020. 4 See SunPower’s Letter, ‘‘Crystalline Silicon Photovoltaic Products from China and Taiwan Sunset Reviews: Substantive Response of SPMOR,’’ dated February 3, 2020; see also Q Cells’ Letter, ‘‘Certain Crystalline Silicon Photovoltaic Products from China and Taiwan, Inv. Nos. 701–TA–511 and 731–TA–1246 and 1247 (1st Sunset Review); Hanwha Q CELLS USA, Inc.’s Substantive,’’ dated February 3, 2020. 5 See Commerce’s Letter, ‘‘Sunset Review Initiated on January 2, 2020,’’ dated February 25, 2020. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the First Expedited Sunset Review of the Antidumping Duty Orders on Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 26929 public memorandum, which is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https:// enforcement.trade.gov/frn/index.html. A list of the issues discussed in the decision memorandum is attached at the Appendix to this notice. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the countervailing duty Order on certain solar products from China would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: 27.65 percent for Wuxi Suntech Power Co., Ltd. (Wuxi Suntech); 33.50 percent for Changzhou Trina Solar Energy Co., Ltd. (Trina Solar); and 33.58 percent for all others. Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties Commerce is issuing and publishing the final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: May 1, 2020. Joseph A. Laroski Jr., Deputy Assistant Secretary for Policy and Negotiations. Appendix List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues VII. Final Results of Sunset Review E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Pages 26928-26929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09670]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-939]


Tow-Behind Lawn Groomers and Certain Parts Thereof From the 
People's Republic of China: Final Results of the Expedited Second 
Sunset Review of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the antidumping duty (AD) order on tow-behind lawn groomers and certain 
parts thereof from the People's Republic of China (China) would be 
likely to lead to continuation or recurrence of dumping, at the level 
indicated in the ``Final Results of Sunset Review'' section of this 
notice.

DATES: Applicable May 6, 2020.

FOR FURTHER INFORMATION CONTACT: Dakota Potts, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0223.

SUPPLEMENTARY INFORMATION:

Background

    After publication of the notice of initiation of this sunset review 
of the AD order on tow-behind lawn groomers and certain parts thereof 
from China,\1\ pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act), Agri-Fab, Inc. (domestic interested party) filed 
with Commerce a timely and complete notice of intent to participate in 
the sunset review,\2\ and a timely and adequate substantive 
response.\3\ Commerce did not receive a substantive response from any 
respondent interested party. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of the Order.\4\
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 
(January 2, 2020); see also Antidumping Duty Order: Certain Tow 
Behind Lawn Groomers and Certain Parts Thereof from the People's 
Republic of China, 74 FR 38395 (August 3, 2009) (Order).
    \2\ See Domestic Interested Party's Letter, ``Second Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Certain Tow-Behind 
Lawn Groomers and Certain Parts Thereof from The People's Republic 
of China; Notice of Intent to Participate,'' dated January 16, 2020.
    \3\ See Domestic Interested Party's Letter, ``Second Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Certain Tow-Behind 
Lawn Groomers and Certain Parts Thereof from The People's Republic 
of China; Agri-Fab's Response to Notice of Initiation,'' dated 
January 31, 2020 (Substantive Response).
    \4\ For a complete description of the background of this sunset 
review of the Order, see Memorandum, ``Issues and Decision 
Memorandum for the Expedited Second Sunset Review of the Antidumping 
Duty Order on Certain Tow-Behind Lawn Groomers and Certain Parts 
Thereof from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is certain non-motorized tow-
behind lawn groomers, manufactured from any material, and certain parts 
thereof, from China. The lawn groomers that are the subject of this 
order are currently classifiable in the Harmonized Tariff schedule of 
the United States (``HTSUS'') statistical reporting numbers 
8432.41.0000, 8432.42.0000, 8432.80.0000, 8432.80.0010, 8432.90.0060, 
8432.90.0081, 8479.89.9496, 8479.90.9496, and 9603.50.0000. These HTSUS 
provisions are given for reference and customs purposes only, and the 
description of merchandise is dispositive for determining the scope of 
the product included in this order.\5\
---------------------------------------------------------------------------

    \5\ The full scope of the Order is included in the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the Order and the magnitude of the dumping 
margins likely to prevail if the Order were to be revoked, is provided 
in the accompanying Issues and Decision Memorandum.\6\ A list of the 
topics discussed in the Issues and Decision Memorandum is attached as 
an appendix to this notice. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed on the internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

Final Results of Sunset Review

    Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would be likely to 
lead to continuation or recurrence of dumping, and that the magnitude 
of the dumping margins likely to prevail would be weighted-average 
dumping margins up to 386.28 percent.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective, orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218 and 19 CFR 351.221(c)(5)(ii).

    Dated: April 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margin of Dumping Likely To Prevail

[[Page 26929]]

VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-09670 Filed 5-5-20; 8:45 am]
 BILLING CODE 3510-DS-P