Tow-Behind Lawn Groomers and Certain Parts Thereof From the People's Republic of China: Continuation of Antidumping Duty Order, 46586-46587 [2020-16692]
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Federal Register
Vol. 85, No. 149
Monday, August 3, 2020
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[FR Doc. 2020–16786 Filed 7–31–20; 8:45 am]
BILLING CODE 3410–13–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:
Continuation of Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) order on tow-behind lawn
groomers and certain parts thereof
(TBLGs) from the People’s Republic of
China (China) would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of the AD order.
DATES: Applicable August 3, 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.
AGENCY:
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SUPPLEMENTARY INFORMATION:
Background
On August 3, 2009, Commerce
published the AD Order on TBLGs from
China.1 On January 2, 2020, the ITC
instituted its review of the Order.2 Also
on January 2, 2020, Commerce
published the initiation of the second
sunset review of the Order, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).3 Commerce
received timely intent to participate in
this review from Agri-Fab, Inc. (AgriFab), a domestic interested party, within
the deadline specified in 19 CFR
351.218(d)(1)(i).4 On January 31, 2020,
Commerce received a complete and
adequate substantive response from
Agri-Fab within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).5
Commerce received no substantive
responses from respondent interested
parties. Pursuant to section 751(c)(3)(B)
of the Act, Commerce conducted an
expedited (120-day) sunset review of the
Order.6 On May 10, 2019, the ITC
published its notice to conduct an
expedited five-year review of the
Order.7
As a result of its review, Commerce
determined, pursuant to section
751(c)(1) of the Act, that revocation of
the Order on TBLGs from China would
likely lead to continuation or recurrence
of dumping. Commerce therefore
1 See 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 Certain Tow-Behind Lawn Groomers and
Parts Thereof from China Institution of a Five-Year
Review, 85 FR 117 (January 2, 2020).
3 See Initiation of Five-Year (Sunset) Reviews, 85
FR 67 (January 2, 2020).
4 See Agri-Fab’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.
5 See Agri-Fab’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.
6 See 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, 85 FR
26928 (May 6, 2020), and accompanying Issues and
Decision Memorandum (Issues and Decision
Memorandum).
7 See Tow-Behind Lawn Groomers from China;
Scheduling of an Expedited Five-Year Review, 85
FR 34464 (June 4, 2020).
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03AUN1
Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Notices
notified the ITC of the magnitude of the
margin of dumping rates likely to
prevail should this Order be revoked.8
On July 15, 2020, the ITC published
its determination that revocation of the
Order would likely lead to a
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time, pursuant to section 751(c) of the
Act.9
Scope of the Order
Continuation of the Order
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As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of this Order on TBLGs
from China. U.S. Customs and Border
Protection will continue to collect AD
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise.
The effective date of the continuation
of this Order will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year review of this
Order not later than 30 days prior to the
fifth anniversary of the effective date of
continuation.
8 See
Issues and Decision Memorandum.
9 See Certain Tow-Behind Lawn Groomers and
Parts Thereof From China, 85 FR 42919 (July 15,
2020); see also Tow-Behind Lawn Groomers from
China, Inv. 731–TA–1153 (Review), USITC
Publication 5089 (June 2020).
10 The full scope of the Order is included in the
Issues and Decision Memorandum.
20:39 Jul 31, 2020
This five-year sunset review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: July 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–16692 Filed 7–31–20; 8:45 am]
BILLING CODE 3510–DS–P
The merchandise covered by the order
is certain non-motorized tow-behind
lawn groomers, manufactured from any
material, and certain parts thereof, from
China.10 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.
VerDate Sep<11>2014
Notification to Interested Parties
Jkt 250001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–130]
Certain Walk-Behind Lawn Mowers and
Parts Thereof From the People’s
Republic of China: Postponement of
Preliminary Determination in the
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable August 3, 2020.
FOR FURTHER INFORMATION CONTACT:
Moses Song, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7885.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2020, the Department of
Commerce (Commerce) initiated a
countervailing duty (CVD) investigation
on certain walk-behind lawn mowers
and parts thereof from the People’s
Republic of China.1 Currently, the
preliminary determination is due no
later than August 19, 2020.
Postponement of the Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 130 days after the date on which
Commerce initiated the investigation if:
1 See Certain Walk-Behind Lawn Mowers and
Parts Thereof from the People’s Republic of China:
Initiation of Countervailing Duty Investigation, 85
FR 37426 (June 22, 2020).
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46587
(A) The petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On July 22, 2020, MTD Products, Inc.
(the petitioner) submitted a timely
request that we fully postpone the
preliminary CVD determination
because: (1) Commerce has not yet
issued supplemental questionnaires to
respondents, and (2) additional time
will be necessary to ensure that
Commerce is able to sufficiently review
all questionnaire responses and new
factual information, and to conduct a
thorough investigation.2
In accordance with 19 CFR
351.205(e), the petitioner has stated the
reasons for requesting a postponement
of the preliminary determination, and
Commerce finds no compelling reason
to deny the request. Therefore, pursuant
to section 703(c)(1)(A) of the Act, we are
extending the due date for the
preliminary determination to no later
than 130 days after the date on which
this investigation was initiated, i.e.,
October 23, 2020. Pursuant to section
705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination will continue to be 75
days after the date of the preliminary
determination.
Notification to Interested Parties
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(l).
Dated: July 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–16689 Filed 7–31–20; 8:45 am]
BILLING CODE 3510–DS–P
2 See Petitioner’s Letter, ‘‘Antidumping
Investigations on Certain Walk-Behind Lawn
Mowers from the People’s Republic of China and
the Socialist Republic of Vietnam, and
Countervailing Duties from the People’s Republic of
China: Petitioner’s Request to Postpone the
Preliminary Determination,’’ dated July 22, 2020.
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Agencies
[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46586-46587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16692]
=======================================================================
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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: Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) order on tow-behind lawn
groomers and certain parts thereof (TBLGs) from the People's Republic
of China (China) would likely lead to a continuation or recurrence of
dumping and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of the AD order.
DATES: Applicable August 3, 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
On August 3, 2009, Commerce published the AD Order on TBLGs from
China.\1\ On January 2, 2020, the ITC instituted its review of the
Order.\2\ Also on January 2, 2020, Commerce published the initiation of
the second sunset review of the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act).\3\ Commerce received
timely intent to participate in this review from Agri-Fab, Inc. (Agri-
Fab), a domestic interested party, within the deadline specified in 19
CFR 351.218(d)(1)(i).\4\ On January 31, 2020, Commerce received a
complete and adequate substantive response from Agri-Fab within the 30-
day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce received
no substantive responses from respondent interested parties. Pursuant
to section 751(c)(3)(B) of the Act, Commerce conducted an expedited
(120-day) sunset review of the Order.\6\ On May 10, 2019, the ITC
published its notice to conduct an expedited five-year review of the
Order.\7\
---------------------------------------------------------------------------
\1\ See 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 Certain Tow-Behind Lawn Groomers and Parts Thereof from
China Institution of a Five-Year Review, 85 FR 117 (January 2,
2020).
\3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67
(January 2, 2020).
\4\ See Agri-Fab'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.
\5\ See Agri-Fab'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.
\6\ See 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, 85 FR 26928 (May
6, 2020), and accompanying Issues and Decision Memorandum (Issues
and Decision Memorandum).
\7\ See Tow-Behind Lawn Groomers from China; Scheduling of an
Expedited Five-Year Review, 85 FR 34464 (June 4, 2020).
---------------------------------------------------------------------------
As a result of its review, Commerce determined, pursuant to section
751(c)(1) of the Act, that revocation of the Order on TBLGs from China
would likely lead to continuation or recurrence of dumping. Commerce
therefore
[[Page 46587]]
notified the ITC of the magnitude of the margin of dumping rates likely
to prevail should this Order be revoked.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
On July 15, 2020, the ITC published its determination that
revocation of the Order would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time, pursuant to section 751(c) of the
Act.\9\
---------------------------------------------------------------------------
\9\ See Certain Tow-Behind Lawn Groomers and Parts Thereof From
China, 85 FR 42919 (July 15, 2020); see also Tow-Behind Lawn
Groomers from China, Inv. 731-TA-1153 (Review), USITC Publication
5089 (June 2020).
---------------------------------------------------------------------------
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.\10\ 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.
---------------------------------------------------------------------------
\10\ The full scope of the Order is included in the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of this Order on TBLGs from
China. U.S. Customs and Border Protection will continue to collect AD
cash deposits at the rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of the continuation of this Order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of this Order not later than 30 days prior to the fifth anniversary of
the effective date of continuation.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
section 751(c) of the Act and published pursuant to section 777(i)(1)
of the Act and 19 CFR 351.218(f)(4).
Dated: July 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-16692 Filed 7-31-20; 8:45 am]
BILLING CODE 3510-DS-P