Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 48506-48507 [2020-17532]

Download as PDF 48506 Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 / Notices the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determinations no later than October 27, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: August 5, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–17531 Filed 8–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–039] Certain Amorphous Silica Fabric From the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on certain amorphous silica fabric (silica fabric) from the People’s Republic of China (China) for the period January 1, 2019, through December 31, 2019, based on the timely withdrawal of the request for review. DATES: Applicable August 11, 2020. FOR FURTHER INFORMATION CONTACT: Natasia Harrison, 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) 482–1240. SUPPLEMENTARY INFORMATION: AGENCY: 2020, Commerce received a timely request, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), from Auburn Manufacturing, Inc. (the petitioner), to conduct an administrative review of this CVD order with respect to 89 companies.2 Based upon this request, on May 6, 2020, in accordance with section 751(a) of the Act, Commerce published in the Federal Register a notice of initiation of administrative review for this CVD order.3 On July 7, 2020, the petitioner timely withdrew its request for an administrative review for all of the 89 companies.4 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. The petitioner, the only party that requested administrative reviews, withdrew its requests for review for all companies within the applicable deadline. Accordingly, we are rescinding in its entirety the administrative review of the CVD order on silica fabric from China covering the period January 1, 2019, to December 31, 2019, in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess CVDs on all appropriate entries at a rate equal to the cash deposit of estimated CVDs required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2019, to December 31, 2019, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice in the Federal Register. Notification to Importers This notice serves as the only reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of CVDs prior to liquidation of the relevant entries during this review period. Background On March 2, 2020, Commerce published a notice of opportunity to request an administrative review of the CVD order on silica fabric from China for the period January 1, 2019, through December 31, 2019.1 On March 31, 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity VerDate Sep<11>2014 17:02 Aug 10, 2020 Jkt 250001 to Request Administrative Review, 85 FR 12267 (March 2, 2020). 2 See Petitioner’s Letter, ‘‘Certain Amorphous Silica Fabric from the People’s Republic of China,’’ dated March 31, 2020. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 26931 (May 6, 2020) (Initiation Notice). 4 See Petitioner’s Letter, ‘‘Amorphous Silica Fabric from the People’s Republic of China,’’ dated July 7, 2020. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Failure to comply with this requirement could result in the presumption that reimbursement of the CVDs occurred and the subsequent assessment of doubled CVDs. Notification Regarding Administrative Protective Order 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 an APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/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. This notice is issued and published in accordance with sections 751 of the Act and 19 CFR 351.213(d)(4). Dated: August 5, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–17471 Filed 8–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–129, A–552–830] Certain Walk-Behind Lawn Mowers and Parts Thereof From the People’s Republic of China and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable August 11, 2020. FOR FURTHER INFORMATION CONTACT: Marc Castillo at (202) 482–0519 (People’s Republic of China (China)), and Frank Schmitt at (202) 482–4880 (Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 15, 2020, the Department of Commerce (Commerce) initiated lessthan-fair-value (LTFV) investigations of imports of certain walk-behind lawn mowers and parts thereof (lawn E:\FR\FM\11AUN1.SGM 11AUN1 Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 / Notices mowers) from China and Vietnam.1 Currently, the preliminary determinations are due no later than November 2, 2020. Postponement of Preliminary Determinations Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (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, the petitioner 2 submitted a timely request that Commerce postpone the preliminary determinations in these LTFV investigations.3 The petitioner requested that the preliminary determinations be postponed so that Commerce can develop the record in these investigations, review all questionnaire responses and new factual information, and to permit thorough investigations and the calculation of the most accurate dumping margins.4 For the reasons stated above, and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR 37417 (June 22, 2020) (Initiation Notice). 2 The petitioner is MTD Products Inc. 3 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. 4 Id. VerDate Sep<11>2014 17:02 Aug 10, 2020 Jkt 250001 issue its preliminary determinations no later than December 22, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations in these investigations will continue to be 75 days after the date of publication of the preliminary determinations, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: August 5, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–17532 Filed 8–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–953] Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of the 2015 Administrative Review and Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice of Court Decision. AGENCY: On July 31, 2020, the United States Court of International Trade (the Court) sustained the Department of Commerce’s (Commerce’s) remand redetermination pertaining to the 2015 administrative review of the countervailing duty (CVD) order on narrow woven ribbons with woven selvedge (ribbons) from the People’s Republic of China (China). Commerce is notifying the public that the Court has made a final judgment that is not in harmony with the final results of the 2015 administrative review, and that Commerce is amending the final results of the 2015 administrative review with respect to Yama Ribbons and Bows Co., Ltd. (Yama). DATES: Applicable August 17, 2020. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova and Ian Hamilton, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1280 and (202) 482–4798, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 48507 Background On March 14, 2018, Commerce published the Final Results pertaining to mandatory respondent Yama.1 The period of review (POR) is January 1, 2015 through December 31, 2015. In the Final Results, Commerce found that the use of adverse facts available (AFA) was warranted in determining the countervailability of the Export Buyer’s Credit Program (EBCP) because the Government of China (GOC) did not provide the requested information needed to allow Commerce to fully analyze this program and, thus, did not cooperate to the best of its ability in response to our information requests.2 Yama challenged Commerce’s determination to apply AFA with respect to this program in the Final Results. On December 30, 2019, the Court remanded the Final Results to Commerce to reconsider our decision to apply AFA with respect to the EBCP.3 On February 28, 2020, Commerce reconsidered its decision to apply AFA in evaluating Yama’s use of the EBCP and determined, under protest, that Yama did not use the EBCP program.4 Accordingly, Commerce calculated a revised subsidy rate of 12.83 percent for Yama.5 On July 31, 2020, the Court sustained Commerce’s Remand Results and entered final judgment.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the Court of Appeals for the Federal Circuit (Federal Circuit) held that, pursuant to section 516A of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision.9 The 1 See Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2015, 83 FR 11177 (March 14, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See Final Results IDM at Comment 2. 3 See Yama Ribbons and Bows Co. v. United States, 419 F. Supp. 3d 1341 (CIT 2019). 4 See Final Results of Redetermination Pursuant to Court Remand, Consol. Ct. No. 18–00054, Slip Op. 19–173 (February 28, 2020) (Remand Results). 5 Id. at 4. 6 See Yama Ribbons and Bows Co. v. United States, Ct. No. 18–00054, Slip Op. 20–107 (CIT July 31, 2020). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 9 See sections 516A(c) and (e) of the Act. E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48506-48507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17532]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-129, A-552-830]


Certain Walk-Behind Lawn Mowers and Parts Thereof From the 
People's Republic of China and the Socialist Republic of Vietnam: 
Postponement of Preliminary Determinations in the Less-Than-Fair-Value 
Investigations

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

DATES: Applicable August 11, 2020.

FOR FURTHER INFORMATION CONTACT: Marc Castillo at (202) 482-0519 
(People's Republic of China (China)), and Frank Schmitt at (202) 482-
4880 (Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 15, 2020, the Department of Commerce (Commerce) initiated 
less-than-fair-value (LTFV) investigations of imports of certain walk-
behind lawn mowers and parts thereof (lawn

[[Page 48507]]

mowers) from China and Vietnam.\1\ Currently, the preliminary 
determinations are due no later than November 2, 2020.
---------------------------------------------------------------------------

    \1\ See Certain Walk-Behind Lawn Mowers and Parts Thereof from 
the People's Republic of China and the Socialist Republic of 
Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR 
37417 (June 22, 2020) (Initiation Notice).
---------------------------------------------------------------------------

Postponement of Preliminary Determinations

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (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, the petitioner \2\ submitted a timely request 
that Commerce postpone the preliminary determinations in these LTFV 
investigations.\3\ The petitioner requested that the preliminary 
determinations be postponed so that Commerce can develop the record in 
these investigations, review all questionnaire responses and new 
factual information, and to permit thorough investigations and the 
calculation of the most accurate dumping margins.\4\
---------------------------------------------------------------------------

    \2\ The petitioner is MTD Products Inc.
    \3\ 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.
    \4\ Id.
---------------------------------------------------------------------------

    For the reasons stated above, and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary 
determinations by 50 days (i.e., 190 days after the date on which these 
investigations were initiated). As a result, Commerce will issue its 
preliminary determinations no later than December 22, 2020. In 
accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), 
the deadline for the final determinations in these investigations will 
continue to be 75 days after the date of publication of the preliminary 
determinations, unless postponed at a later date.

Notification to Interested Parties

    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: August 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-17532 Filed 8-10-20; 8:45 am]
BILLING CODE 3510-DS-P

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