Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof, From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 52086-52089 [2020-18529]

Download as PDF 52086 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Notices Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a teleconference meeting of the Nevada Advisory Committee (Committee) to the Commission will be held at 1:00 p.m. (Pacific Time) Wednesday, September 9, 2020. The purpose of the meeting is to vote on a statement of concern regarding voting access during the COVID–19 pandemic and vote on topic of study. DATES: The meeting will be held on Wednesday, September 9, 2020 at 1:00 p.m. PT. ADDRESSES: Public Call Information: Dial: 800–367–2403, Conference ID: 3569544 FOR FURTHER INFORMATION CONTACT: Ana Victoria Fortes (DFO) at afortes@ usccr.gov or (202) 681–0857. SUPPLEMENTARY INFORMATION: This meeting is available to the public through the following toll-free call-in number: 800–367–2403, conference ID number: 3569544. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over landline connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–877–8339 and providing the Service with the conference call number and conference ID number. Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the Western Regional Office, U.S. Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012 or email Ana Victoria Fortes at afortes@usccr.gov. Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at https:// www.facadatabase.gov/FACA/FACA PublicViewCommitteeDetails?id= a10t0000001gzlJAAQ. Records generated from this meeting may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meeting. Persons interested in the jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:31 Aug 21, 2020 Jkt 250001 work of this Committee are directed to the Commission’s website, https:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome II. Review Statement of Concern III. Vote on Topic of Study IV. Public Comment V. Adjournment Dated: August 19, 2020. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2020–18550 Filed 8–21–20; 8:45 am] BILLING CODE P COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Mississippi Advisory Committee to the U.S. Commission on Civil Rights U.S. Commission on Civil Rights. ACTION: Announcement of meeting. AGENCY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Mississippi Advisory Committee (Committee) will hold a meeting on Friday October 2, 2020 at 12:00 p.m. Central time. The Committee will discuss their next topic of civil rights study in Mississippi. DATES: The meeting will take place on Friday October 2, 2020 at 12:00 p.m. Central Time. Public Call Information: Dial: 800– 367–2403, Confirmation Code: 6227086 FOR FURTHER INFORMATION CONTACT: Melissa Wojnaroski, DFO, at mwojnaroski@usccr.gov or (312) 353– 8311 SUMMARY: Members of the public may listen to this discussion through the above call in number. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–877– 8339 and providing the Service with the conference call number and confirmation code. Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Regional Programs Unit, U.S. Commission on Civil Rights, 230 S Dearborn, Suite 2120, Chicago, IL 60604. They may also be faxed to the Commission at (312) 353–8324, or emailed to Corrine Sanders at csanders@ usccr.gov. Persons who desire additional information may contact the Regional Programs Unit at (312) 353– 8311. Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Mississippi Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome and roll call II. Discussion: Civil Rights in Mississippi III. Public comment IV. Next steps V. Adjournment Dated: August 19, 2020. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2020–18551 Filed 8–21–20; 8:45 am] BILLING CODE P SUPPLEMENTARY INFORMATION: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [C–570–125] Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof, From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines AGENCY: E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Notices that countervailable subsidies are being provided to producers and exporters of certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines), from the People’s Republic of China (China). The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES: Applicable August 24, 2020. FOR FURTHER INFORMATION CONTACT: Ajay Menon or Adam Simons, 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) 482–1993 or (202) 482–6172, respectively. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with NOTICES Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 14, 2020.1 On May 20, 2020, Commerce postponed the preliminary determination of this investigation to August 17, 2020.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of 1 See Certain Vertical Shaft Engines between 99cc and up to 225cc, and Parts Thereof from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 85 FR 20667 (April 14, 2020) (Initiation Notice). 2 See Certain Vertical Shaft Engines between 99cc and up to 225cc, and Parts Thereof, from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 85 FR 30683 (May 20, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof, from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 16:31 Aug 21, 2020 Jkt 250001 the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are small vertical engines between 99cc and up to 225cc, and parts thereof, from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e. , scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the scope comments submitted on the record of this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Memorandum.6 Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice to exclude commercial engines. See revised scope in Appendix I. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e. , a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.7 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.8 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Certain Vertical Shaft Engines Between 99cc and Up To 225cc, and Parts Thereof from the People’s Republic of China: Scope Comments Decision Memorandum for the Preliminary Determination,’’ dated August 17, 2020. 7See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 8See sections 776(a) and (b) of the Act. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 52087 Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final countervailing duty (CVD) determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of small vertical engines from China based on a request made by the petitioner.9 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than December 28, 2020, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated countervailable subsidy rates for Chongqing Kohler Engines Ltd. (Chongqing Kohler) and Chongqing Zongshen General Power Machine Co. Ltd. (Chongqing Zongshen) that are not zero, de minimis , or based entirely on facts otherwise available. Commerce calculated the all-others rate using a simple average of the individual estimated subsidy rates calculated for the examined respondents.10 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: 9 See Petitioner’s Letter, ‘‘Certain Vertical Shaft Engines Between 99cc and Up To 225cc, and Parts Thereof, From the People’s Republic of China: Petitioner’s Request for Alignment of the Final Countervailing Duty and Antidumping Duty Final Determinations,’’ dated August 4, 2020. 10 We calculated the all-others rate using the simple average of Chongqing Kohler and Chongqing Zongshen’s subsidy rates. 11 As discussed in the Preliminary Decision Memorandum, Commerce has found the following company to be cross-owned with Chongqing Kohler: Kohler (China) Investment Company. 12 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Chongqing Zongshen: Chongqing Zongshen Power Machinery Co., Ltd.; Zong Shen Industrial Group; Chongqing Zongshen Automobile Air Intake System Manufacturing Co., Ltd.; Chongqing Zongshen High Speed Boat Development Co., Ltd.; Chongqing Zong E:\FR\FM\24AUN1.SGM Continued 24AUN1 52088 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Notices Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests Chongqing Kohler Engines should contain the party’s name, Ltd.11 ................................. 13.45 address, and telephone number, the Chongqing Zongshen General Power Machine Co.12 21.29 number of participants, whether any All Others .............................. 17.37 participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce Suspension of Liquidation intends to hold the hearing at a date and In accordance with section time to be determined. Parties should 703(d)(1)(B) and (d)(2) of the Act, confirm by telephone the date, time, and Commerce will direct U.S. Customs and location of the hearing two days before Border Protection (CBP) to suspend the scheduled date. liquidation of entries of subject Parties are reminded that briefs and merchandise as described in the scope hearing requests are to be filed of the investigation section entered, or electronically using ACCESS and that withdrawn from warehouse, for electronically filed documents must be consumption on or after the date of received successfully in their entirety by publication of this notice in the Federal 5 p.m. Eastern Time on the due date. Register. Further, pursuant to 19 CFR Note that Commerce has temporarily 351.205(d), Commerce will instruct CBP modified certain of its requirements for to require a cash deposit equal to the serving documents containing business rates indicated above. proprietary information, until further notice.14 Disclosure Commerce intends to disclose its International Trade Commission calculations and analysis performed to Notification interested parties in this preliminary In accordance with section 703(f) of determination within five days of its the Act, Commerce will notify the public announcement, or if there is no International Trade Commission (ITC) of public announcement, within five days its determination. If the final of the date of this notice in accordance determination is affirmative, the ITC with 19 CFR 351.224(b). will determine before the later of 120 Verification days after the date of this preliminary As provided in section 782(i)(1) of the determination or 45 days after the final determination. Act, Commerce intends to verify the information relied upon in making its Notification to Interested Parties final determination. This determination is issued and Public Comment published pursuant to sections 703(f) Case briefs or other written comments and 777(i) of the Act and 19 CFR 351.205(c). may be submitted to the Assistant Secretary for Enforcement and Dated: August 17, 2020. Compliance no later than seven days Jeffrey I. Kessler, after the date on which the last Assistant Secretary for Enforcement and verification report is issued in this Compliance. investigation. Rebuttal briefs, limited to Appendix I issues raised in case briefs, may be submitted no later than seven days after Scope of the Investigation the deadline date for case briefs.13 The merchandise covered by this Pursuant to 19 CFR 351.309(c)(2) and investigation consists of spark-ignited, non(d)(2), parties who submit case briefs or road, vertical shaft engines, whether finished rebuttal briefs in this investigation are or unfinished, whether assembled or unassembled, whether mounted or encouraged to submit with each unmounted, primarily for walk-behind lawn argument: (1) A statement of the issue; mowers. Engines meeting this physical (2) a brief summary of the argument; description may also be for other non-handand (3) a table of authorities. held outdoor power equipment, including Pursuant to 19 CFR 351.310(c), but not limited to, pressure washers. The interested parties who wish to request a subject engines are spark ignition, singlehearing, limited to issues raised in the cylinder, air cooled, internal combustion case and rebuttal briefs, must submit a engines with vertical power take off shafts written request to the Assistant with a minimum displacement of 99 cubic Secretary for Enforcement and centimeters (cc) and a maximum jbell on DSKJLSW7X2PROD with NOTICES Company Subsidy rate (percent) displacement of up to, but not including, Shen Electrical Appliance Co., Ltd.; and Chongqing Dajiang Power Equipment Co., Ltd. 13 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:31 Aug 21, 2020 Jkt 250001 14 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 225cc. Typically, engines with displacements of this size generate gross power of between 1.95 kilowatts (kw) to 4.75 kw. Engines covered by this scope normally must comply with and be certified under Environmental Protection Agency (EPA) air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small nonroad spark-ignition engines and equipment. Engines that otherwise meet the physical description of the scope but are not certified under 40 CFR part 1054 and are not certified under other parts of subchapter U of the EPA air pollution controls are not excluded from the scope of this proceeding. Engines that may be certified under both 40 CFR part 1054 as well as other parts of subchapter U remain subject to the scope of this proceeding. Certain small vertical shaft engines, whether or not mounted on non-hand-held outdoor power equipment, including but not limited to walk-behind lawn mowers and pressure washers, are included in the scope. However, if a subject engine is imported mounted on such equipment, only the engine is covered by the scope. Subject merchandise includes certain small vertical shaft engines produced in the subject country whether mounted on outdoor power equipment in the subject country or in a third country. Subject engines are covered whether or not they are accompanied by other parts. For purposes of this investigation, an unfinished engine covers at a minimum a sub-assembly comprised of, but not limited to, the following components: Crankcase, crankshaft, camshaft, piston(s), and connecting rod(s). Importation of these components together, whether assembled or unassembled, and whether or not accompanied by additional components such as a sump, carburetor spacer, cylinder head(s), valve train, or valve cover(s), constitutes an unfinished engine for purposes of this investigation. The inclusion of other products such as spark plugs fitted into the cylinder head or electrical devices (e.g. , ignition coils) for synchronizing with the engine to supply tension current does not remove the product from the scope. The inclusion of any other components not identified as comprising the unfinished engine subassembly in a third country does not remove the engine from the scope. Specifically excluded from the scope of the investigation are ‘‘Commercial’’ or ‘‘Heavy Commercial’’ engines under 40 CFR 1054.107 and 1054.135 that have (1) a displacement of 160 cc or greater, (2) a cast iron cylinder liner, (3) an automatic compression release, and (4) a muffler with at least three chambers and volume greater than 400 cc. The engines subject to this investigation are predominantly classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 8407.90.1010. The engine subassemblies that are subject to this investigation enter under HTSUS 8409.91.9990. The mounted engines that are subject to this investigation enter under HTSUS 8433.11.0050, 8433.11.0060, and 8424.30.9000. Engines subject to this investigation may also enter under HTSUS 8407.90.1020, 8407.90.9040, and 8407.90.9060. The HTSUS subheadings are E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Notices provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Injury Test V. Diversification of China’s Economy VI. Use of Facts Otherwise Available and Adverse Inferences VII. Subsidies Valuation VIII. Benchmarks and Interest Rates IX. Analysis of Programs X. Conclusion [FR Doc. 2020–18529 Filed 8–21–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology jbell on DSKJLSW7X2PROD with NOTICES Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Manufacturing Extension Partnership (MEP) Client Impact Survey The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. Public comments were previously requested via the Federal Register on May 27, 2020 during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: National Institute of Standards and Technology (NIST). Title: Manufacturing Extension Partnership (MEP) Client Impact Survey. OMB Control Number 0693–0021. Form Number(s): None. Type of Request: Revision and extension of current information collection. Number of Respondents: 13,000. Average Hours per Response: 12 minutes. Burden Hours: 2,600. Needs and Uses: The objective of the NIST Manufacturing Extension VerDate Sep<11>2014 16:31 Aug 21, 2020 Jkt 250001 Partnership Program (MEP) is to enhance productivity, technological performance, and strengthen the global competitiveness of small-and mediumsized U.S.-based manufacturing firms. Through this client impact survey, the MEP will collect data necessary for program accountability; analysis and research into the effectiveness of the MEP program; reports to stakeholders; GPRA; continuous improvement efforts; knowledge sharing across the MEP system; and identification of best practices. Collection of this data is needed in order to comply with the MEP charter, as mandated by Congress. Affected Public: Private sector. Frequency: Annually. Respondent’s Obligation: Voluntary. Legal Authority: Not applicable. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection or the OMB Control Number 0693–0021. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2020–18495 Filed 8–21–20; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA400] Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The Mid-Atlantic Fishery Management Council’s (Council) Scientific and Statistical Committee (SSC) will hold a meeting. DATES: The meeting will be held on Tuesday, September 8, 2020, from 12:30 p.m. through 5:30 p.m., and Wednesday, SUMMARY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 52089 September 9, 2020, from 8:30 a.m. through 1 p.m. See SUPPLEMENTARY INFORMATION for agenda details. The meeting will take place over webinar with a telephone-only connection option. Details on how to connect to the webinar by computer and by telephone will be available at: https:// www.mafmc.org/ssc. Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331; website: www.mafmc.org. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. The purpose of this meeting is to review the most recent survey and fishery data and the previously recommended 2021 ABC for spiny dogfish. The SSC will consider revising the 2021 ABC recommendation and recommend an ABC for the 2022 fishing year utilizing the Council’s new risk policy. The SSC will also review the most recent survey and fishery data and the previously recommended 2021 ABC for chub mackerel. The SSC will discuss the possible scientific uncertainty considerations due to missing catch and survey data in 2020 due to COVID–19 restrictions. The SSC will also discuss the science implications and fishery interactions associated with offshore wind development. The SSC will also provide feedback and direction for increased application of the Mid-Atlantic State of the Ecosystem report by the SSC. The SSC will also receive updates on a number of topics, including: The development of a new SSC socioeconomic workgroup, future stock assessment schedule, possible topics for the joint Council/SSC meeting, and research priorities. In addition, the SSC may take up any other business as necessary. A detailed agenda and background documents will be made available on the Council’s website (www.mafmc.org) prior to the meeting. SUPPLEMENTARY INFORMATION: Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526–5251, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Notices]
[Pages 52086-52089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18529]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-125]


Certain Vertical Shaft Engines Between 99cc and up to 225cc, and 
Parts Thereof, From the People's Republic of China: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines

[[Page 52087]]

that countervailable subsidies are being provided to producers and 
exporters of certain vertical shaft engines between 99cc and up to 
225cc, and parts thereof (small vertical engines), from the People's 
Republic of China (China). The period of investigation is January 1, 
2019 through December 31, 2019. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable August 24, 2020.

FOR FURTHER INFORMATION CONTACT: Ajay Menon or Adam Simons, 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) 482-1993 or (202) 482-6172, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on April 14, 
2020.\1\ On May 20, 2020, Commerce postponed the preliminary 
determination of this investigation to August 17, 2020.\2\ For a 
complete description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\3\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix II to this notice. The Preliminary 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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Vertical Shaft Engines between 99cc and up to 
225cc, and Parts Thereof from the People's Republic of China: 
Initiation of Countervailing Duty Investigation, 85 FR 20667 (April 
14, 2020) (Initiation Notice).
    \2\ See Certain Vertical Shaft Engines between 99cc and up to 
225cc, and Parts Thereof, from the People's Republic of China: 
Postponement of Preliminary Determination in the Countervailing Duty 
Investigation, 85 FR 30683 (May 20, 2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Certain 
Vertical Shaft Engines Between 99cc and up to 225cc, and Parts 
Thereof, from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are small vertical 
engines between 99cc and up to 225cc, and parts thereof, from China. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e. , scope).\5\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice. For a summary of the scope comments 
submitted on the record of this preliminary determination, and 
accompanying discussion and analysis of all comments timely received, 
see the Preliminary Scope Memorandum.\6\ Commerce is preliminarily 
modifying the scope language as it appeared in the Initiation Notice to 
exclude commercial engines. See revised scope in Appendix I.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Antidumping and Countervailing Duty 
Investigations of Certain Vertical Shaft Engines Between 99cc and Up 
To 225cc, and Parts Thereof from the People's Republic of China: 
Scope Comments Decision Memorandum for the Preliminary 
Determination,'' dated August 17, 2020.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e. , a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\7\
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that one or more respondents 
did not act to the best of their ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\8\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See sections 776(a) and (b) of the Act.
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Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final countervailing duty (CVD) determination in this 
investigation with the final determination in the companion antidumping 
duty (AD) investigation of small vertical engines from China based on a 
request made by the petitioner.\9\ Consequently, the final CVD 
determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
December 28, 2020, unless postponed.
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    \9\ See Petitioner's Letter, ``Certain Vertical Shaft Engines 
Between 99cc and Up To 225cc, and Parts Thereof, From the People's 
Republic of China: Petitioner's Request for Alignment of the Final 
Countervailing Duty and Antidumping Duty Final Determinations,'' 
dated August 4, 2020.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce calculated individual estimated 
countervailable subsidy rates for Chongqing Kohler Engines Ltd. 
(Chongqing Kohler) and Chongqing Zongshen General Power Machine Co. 
Ltd. (Chongqing Zongshen) that are not zero, de minimis , or based 
entirely on facts otherwise available. Commerce calculated the all-
others rate using a simple average of the individual estimated subsidy 
rates calculated for the examined respondents.\10\
---------------------------------------------------------------------------

    \10\ We calculated the all-others rate using the simple average 
of Chongqing Kohler and Chongqing Zongshen's subsidy rates.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:
---------------------------------------------------------------------------

    \11\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following company to be cross-owned with 
Chongqing Kohler: Kohler (China) Investment Company.
    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Chongqing Zongshen: Chongqing Zongshen Power Machinery Co., Ltd.; 
Zong Shen Industrial Group; Chongqing Zongshen Automobile Air Intake 
System Manufacturing Co., Ltd.; Chongqing Zongshen High Speed Boat 
Development Co., Ltd.; Chongqing Zong Shen Electrical Appliance Co., 
Ltd.; and Chongqing Dajiang Power Equipment Co., Ltd.

[[Page 52088]]



------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Chongqing Kohler Engines Ltd.\11\.......................           13.45
Chongqing Zongshen General Power Machine Co.\12\........           21.29
All Others..............................................           17.37
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a date and time to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\14\
---------------------------------------------------------------------------

    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: August 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation consists of spark-
ignited, non-road, vertical shaft engines, whether finished or 
unfinished, whether assembled or unassembled, whether mounted or 
unmounted, primarily for walk-behind lawn mowers. Engines meeting 
this physical description may also be for other non-hand-held 
outdoor power equipment, including but not limited to, pressure 
washers. The subject engines are spark ignition, single-cylinder, 
air cooled, internal combustion engines with vertical power take off 
shafts with a minimum displacement of 99 cubic centimeters (cc) and 
a maximum displacement of up to, but not including, 225cc. 
Typically, engines with displacements of this size generate gross 
power of between 1.95 kilowatts (kw) to 4.75 kw.
    Engines covered by this scope normally must comply with and be 
certified under Environmental Protection Agency (EPA) air pollution 
controls title 40, chapter I, subchapter U, part 1054 of the Code of 
Federal Regulations standards for small non-road spark-ignition 
engines and equipment. Engines that otherwise meet the physical 
description of the scope but are not certified under 40 CFR part 
1054 and are not certified under other parts of subchapter U of the 
EPA air pollution controls are not excluded from the scope of this 
proceeding. Engines that may be certified under both 40 CFR part 
1054 as well as other parts of subchapter U remain subject to the 
scope of this proceeding.
    Certain small vertical shaft engines, whether or not mounted on 
non-hand-held outdoor power equipment, including but not limited to 
walk-behind lawn mowers and pressure washers, are included in the 
scope. However, if a subject engine is imported mounted on such 
equipment, only the engine is covered by the scope. Subject 
merchandise includes certain small vertical shaft engines produced 
in the subject country whether mounted on outdoor power equipment in 
the subject country or in a third country. Subject engines are 
covered whether or not they are accompanied by other parts.
    For purposes of this investigation, an unfinished engine covers 
at a minimum a sub-assembly comprised of, but not limited to, the 
following components: Crankcase, crankshaft, camshaft, piston(s), 
and connecting rod(s). Importation of these components together, 
whether assembled or unassembled, and whether or not accompanied by 
additional components such as a sump, carburetor spacer, cylinder 
head(s), valve train, or valve cover(s), constitutes an unfinished 
engine for purposes of this investigation. The inclusion of other 
products such as spark plugs fitted into the cylinder head or 
electrical devices (e.g. , ignition coils) for synchronizing with 
the engine to supply tension current does not remove the product 
from the scope. The inclusion of any other components not identified 
as comprising the unfinished engine subassembly in a third country 
does not remove the engine from the scope.
    Specifically excluded from the scope of the investigation are 
``Commercial'' or ``Heavy Commercial'' engines under 40 CFR 1054.107 
and 1054.135 that have (1) a displacement of 160 cc or greater, (2) 
a cast iron cylinder liner, (3) an automatic compression release, 
and (4) a muffler with at least three chambers and volume greater 
than 400 cc.
    The engines subject to this investigation are predominantly 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheading 8407.90.1010. The engine subassemblies that 
are subject to this investigation enter under HTSUS 8409.91.9990. 
The mounted engines that are subject to this investigation enter 
under HTSUS 8433.11.0050, 8433.11.0060, and 8424.30.9000. Engines 
subject to this investigation may also enter under HTSUS 
8407.90.1020, 8407.90.9040, and 8407.90.9060. The HTSUS subheadings 
are

[[Page 52089]]

provided for convenience and customs purposes only, and the written 
description of the merchandise under investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Injury Test
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Conclusion

 [FR Doc. 2020-18529 Filed 8-21-20; 8:45 am]
 BILLING CODE 3510-DS-P
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