Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86529-86532 [2020-28852]
Download as PDF
<![CDATA[
86529
Notices
Federal Register
Vol. 85, No. 250
Wednesday, December 30, 2020
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Notice of Request for Renewal of a
Currently Approved Information
Collection; Correction
Office of the Assistant
Secretary for Civil Rights.
ACTION: Notice; correction.
AGENCY:
The Department of
Agriculture published a notice in the
Federal Register on November 25, 2020
(OMB Control Number: 0508–0002),
concerning request for comments on the
renewal of a currently approved
information collection. The notice
contained an incorrect date.
FOR FURTHER INFORMATION CONTACT:
Denise A. Banks, 202–260–3978
SUMMARY:
Correction
In the Federal Register of November
25, 2020, in FR Volume 85, No. 228, on
page 75283, in the second column,
correct the ‘‘Expiration Date of
Approval:’’ to February 28, 2021.
Dated: December 15, 2020.
Devon Westhill,
Deputy Assistant Secretary for Civil Rights.
[FR Doc. 2020–28799 Filed 12–29–20; 8:45 am]
BILLING CODE 3410–18–P
DEPARTMENT OF AGRICULTURE
Submission for OMB Review;
Comment Request
December 22, 2020.
The Department of Agriculture has
submitted the following information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Comments are
requested regarding whether the
collection of information is necessary
for the proper performance of the
functions of the agency, including
VerDate Sep<11>2014
17:47 Dec 29, 2020
Jkt 253001
whether the information will have
practical utility; the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; ways to enhance the
quality, utility and clarity of the
information to be collected; and ways to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Comments regarding this information
collection received by January 29, 2021
will be considered. 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.
An agency may not conduct or
sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
potential persons who are to respond to
the collection of information that such
persons are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
behaviors and minimize the incidence
of foodborne illness.
Need and Use of the Information:
OPACE plans to conduct two sets of
focus groups with consumers to collect
qualitative information on the following
topics: (1) Consumers’ understanding
and response to food recalls and (2)
consumers’ understanding and use of
manufacturer cooking instructions on
not-ready-to-eat (NRTE) meat and
poultry products. A survey
questionnaire will be used to screen
participants for eligibility. Without the
information, FSIS will not have the
needed information to effectively
communicate with the public and
improve consumers’ food safety
behaviors. The lack of information will
impede the Agency’s ability to provide
more useful information to consumers
to help reduce foodborne illness in the
United States.
Description of Respondents:
Individuals or households.
Number of Respondents: 1,280.
Frequency of Responses: Reporting:
One time.
Total Burden Hours: 411.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2020–28800 Filed 12–29–20; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF COMMERCE
Food Safety and Inspection Service
International Trade Administration
Title: Focus Group Research to Inform
Consumer Food Safety Education and
Outreach.
OMB Control Number: 0583–NEW.
Summary of Collection: The Food
Safety and Inspection Service (FSIS) has
been delegated the authority to exercise
the functions of the Secretary (7 CFR
2.18, 2.53), as specified in the Federal
Meat Inspection Act (FMIA) (21 U.S.C.
601, et seq.). This statute mandates that
FSIS protect the public by verifying that
meat products are safe, wholesome,
unadulterated, and properly labeled and
packaged.
FSIS’s Office of Public Affairs and
Consumer Education (OPACE) develops
consumer education programs
concerning the safe handling,
preparation, and storage of meat,
poultry, and processed egg products to
improve consumer food handling
[A–570–129]
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
Certain Walk-Behind Lawn Mowers and
Parts Thereof From the People’s
Republic of China: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain walk-behind lawn mowers
and parts thereof (lawn mowers) from
the People’s Republic of China (China)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is October 1, 2019 through March
31, 2020. Interested parties are invited
AGENCY:
E:\FR\FM\30DEN1.SGM
30DEN1
86530
Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
to comment on this preliminary
determination.
DATES: Applicable December 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Marc Castillo or Fred Baker, 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) 482–0519 or (202) 482–2924.
SUPPLEMENTARY INFORMATION:
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on June 15, 2020.1 We selected Ningbo
Daye Garden Machinery Co., Ltd.
(Ningbo Daye) as the mandatory
respondent.2 On August 11, 2020,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now December
22, 2020.3 For a complete description of
the events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included 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/.
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 No interested
party commented on the scope of the
investigation within the allotted time
period. However, on November 6, 2020,
Commerce solicited comments from
interested parties regarding the overlap
in the scope of the antidumping (AD)
and countervailing duty (CVD)
investigations of lawn mowers from
China and the AD investigation of lawn
mowers from the Socialist Republic of
Vietnam with the scope of the AD and
CVD investigations of certain vertical
shaft engines and parts thereof from
China.7 Certain interested parties
submitted comments and rebuttal
comments. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Determination
Memorandum.8 As a result of our
analysis of comments received, we have
preliminarily revised the scope of the
investigation. See Appendix I.
Scope of the Investigation
The products covered by this
investigation are lawn mowers from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a). Because China is a
non-market economy within the
meaning of section 771(18) of the Act,
Commerce has calculated normal value
in accordance with section 773(c) of the
Act.
In addition, Commerce has relied on
facts available under section 776(a) of
the Act to determine the cash deposit
rate assigned to the China-wide entity.
Furthermore, pursuant to sections
776(a) and (b) of the Act, because the
China-wide entity did not cooperate to
the best of its ability in responding to
the Commerce’s request for data,
Commerce preliminarily has relied
upon facts otherwise available, with
adverse inferences, for the China-wide
entity. For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation.9
Policy Bulletin 05.1 describes this
practice.10 In this investigation, we
calculated producer/exporter
combination rates for respondents
eligible for separate rates.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Producer
Exporter
Ningbo Daye Garden Machinery Co., Ltd ....................
Chongqing Dajiang Power Equipment Co., Ltd ...........
MTD Machinery (Suzhou) Co., Ltd ..............................
Qianjiang Group Wenling Jennfeng Industry Inc .........
Ningbo Daye Garden Machinery Co., Ltd ....................
Chongqing Dajiang Power Equipment Co., Ltd ...........
MTD Machinery (Suzhou) Co., Ltd ..............................
Sumec Hardware & Tools Co., Ltd ..............................
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 15, 2020).
2 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Certain Walk-Behind Lawn Mowers
and Parts Thereof from the People’s Republic of
China: Respondent Selection,’’ dated August 12,
2020.
3 See 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
VerDate Sep<11>2014
17:47 Dec 29, 2020
Jkt 253001
Less-Than-Fair-Value Investigations, 85 FR 48506
(August 11, 2020).
4 See Memorandum, ‘‘Certain Walk-Behind Lawn
Mowers and Parts Thereof from the People’s
Republic of China: Decision Memorandum for
Preliminary Affirmative Determination of Sales at
Less Than Fair Value,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See Memorandum, ‘‘Request for Comments
Regarding Scope Overlap,’’ dated November 6,
2020.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
67.95
67.95
67.95
67.95
Cash deposit
rate
(adjusted for
subsidy
offsets)
(percent)
57.36
57.39
57.39
57.39
8 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Lawn Mowers
from the People’s Republic of China and the
Socialist Republic of Vietnam: Preliminary Scope
Decision Memorandum,’’ dated concurrently with
this notice.
9 See Initiation Notice, 85 FR at 37421.
10 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
Estimated
weightedaverage
dumping
margin
(percent)
Producer
Exporter
Sumec Hardware & Tools Co., Ltd ..............................
Zhejiang KC Mechanical & Electrical Co., Ltd .............
Zhejiang Dobest Power Tools Co., Ltd ........................
Zhejiang Dobest Power Tools Co., Ltd ........................
Zhejiang YAT Electrical Appliance Co., Ltd .................
Zhejiang Zhongjian Technology Co., Ltd .....................
China-Wide Entity .........................................................
Sumec Hardware & Tools Co., Ltd ..............................
Sumec Hardware & Tools Co., Ltd ..............................
Zhejiang Amerisun Technology Co., Ltd ......................
Zhejiang Dobest Power Tools Co., Ltd ........................
Zhejiang YAT Electrical Appliance Co., Ltd .................
Zhejiang Zhongjian Technology Co., Ltd .....................
.......................................................................................
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation 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, as discussed below. Further,
pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash
deposit equal to the weighted average
amount by which normal value exceeds
U.S. price, as indicated in the chart
above, as follows: (1) For the producer/
exporter combinations listed in the table
above, the cash deposit rate is equal to
the estimated weighted-average
dumping margin listed for that
combination in the table; (2) for all
combinations of Chinese producers/
exporters of subject merchandise that
have not established eligibility for their
own separate rates, the cash deposit rate
will be equal to the estimated weightedaverage dumping margin established for
the China-wide entity; and (3) for all
third-county exporters of subject
merchandise not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
producer/exporter combination (or
China-wide entity) that supplied that
third-country exporter.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce has offset the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). Any
such adjusted rates may be found in the
VerDate Sep<11>2014
17:47 Dec 29, 2020
Jkt 253001
Preliminary Determination section’s
chart of estimated weighted-average
dumping margins above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication 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. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance. A
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
67.95
67.95
67.95
67.95
67.95
67.95
84.26
86531
Cash deposit
rate
(adjusted for
subsidy
offsets)
(percent)
57.39
57.39
57.39
57.39
57.39
57.39
73.72
timeline for the submission of case
briefs and written comments will be
provided to interested parties at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline date for case briefs.11 Note that
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.12
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.
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 time and
date to be determined. Parties should
confirm the date and time of the hearing
two days before the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\30DEN1.SGM
30DEN1
86532
Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On December 7, 2020, and December
9, 2020, pursuant to 19 CFR 351.210(e),
MTD Products, Inc. (the petitioner) 13
and respondent Ningbo Daye,14
respectively, requested that Commerce
postpone the final determination and
that provisional measures be extended
to a period not to exceed six months. In
accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii),
because (1) the preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. 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
whether these imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
13 See Petitioner’s Letter, ‘‘Walk-Behind Lawn
Mowers and Parts Thereof from the People’s
Republic of China: Request for Postponement of
Final Determination,’’ dated December 7, 2020.
14 See Ningbo Daye’s Letter, ‘‘Certain WalkBehind Lawn Mowers and Parts Thereof from the
People’s Republic of China, Case No. A–570–129:
Request to Postpone Final Determination,’’ dated
December 9, 2020.
VerDate Sep<11>2014
17:47 Dec 29, 2020
Jkt 253001
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 22, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation consists of certain rotary walkbehind lawn mowers, which are grass-cutting
machines that are powered by internal
combustion engines. The scope of the
investigation covers certain walk-behind
lawn mowers, whether self-propelled or nonself-propelled, whether finished or
unfinished, whether assembled or
unassembled, and whether containing any
additional features that provide for functions
in addition to mowing.
Walk-behind lawn mowers within the
scope of this investigation are only those
powered by an internal combustion engine
with a power rating of less than 3.7 kilowatts
(kw). These internal combustion engines are
typically spark ignition, single or multiple
cylinder, air cooled, internal combustion
engines with vertical power take off shafts
with a maximum displacement of 196cc.
Walk-behind lawn mowers covered by this
scope typically must be certified and comply
with the Consumer Products Safety
Commission (CPSC) Safety Standard For
Walk-Behind Power Lawn Mowers under the
16 CFR part 1205. However, lawn mowers
that meet the physical descriptions above,
but are not certified under 16 CFR part 1205
remain subject to the scope of this
proceeding.
The internal combustion engines of the
lawn mowers covered by this scope typically
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.
However, lawn mowers that meet the
physical descriptions above but that do not
have engines certified under 40 CFR part
1054 or other parts of subchapter U remain
subject to the scope of this proceeding.
For purposes of this investigation, an
unfinished and/or unassembled lawn mower
means at a minimum, a sub-assembly
comprised of an engine and a cutting deck
shell attached to one another. A cutting deck
shell is the portion of the lawn mower—
typically of aluminum or steel—that houses
and protects a user from a rotating blade.
Importation of the subassembly whether or
not accompanied by, or attached to,
additional components such as a handle,
blade(s), grass catching bag, or wheel(s)
constitute an unfinished lawn mower for
purposes of this investigation. The inclusion
in a third country of any components other
than the mower subassembly does not
remove the lawn mower from the scope.
Lawn mowers that meet the physical
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
description above are covered by the scope
of this investigation regardless of the origin
of its engine, unless such lawn mowers
contain an engine that is covered by the
scope of the ongoing proceedings on certain
vertical shaft engines between 99cc and up
to 225cc, and parts thereof (small vertical
engines) from China. If the proceedings on
small vertical engines from China are
terminated, the lawn mowers containing
small vertical engines from China will be
covered by the scope of this proceeding.
The lawn mowers subject to this
investigation are typically at subheading:
8433.11.0050. Lawn mowers subject to this
investigation may also enter under HTSUS
8407.90.1010 and 8433.90.1090. The HTSUS
subheadings are 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Product Characteristics
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Adjustment Under Section 777(A)(F) of
the Act
X. Adjustment to Cash Deposit Rate for
Export Subsidies
XI. ITC Notification
XII. Recommendation
[FR Doc. 2020–28852 Filed 12–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Stainless Steel Bar From India:
Amended Final Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the administrative review of
the antidumping duty (AD) order on
stainless steel bar (SS Bar) from India to
correct a ministerial error.
DATES: Applicable December 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Allison Hollander,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–3477 or
(202) 482–2805, respectively.
AGENCY:
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86529-86532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28852]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-129]
Certain Walk-Behind Lawn Mowers and Parts Thereof From the
People's Republic of China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain walk-behind lawn mowers and parts thereof (lawn mowers)
from the People's Republic of China (China) are being, or are likely to
be, sold in the United States at less than fair value (LTFV). The
period of investigation (POI) is October 1, 2019 through March 31,
2020. Interested parties are invited
[[Page 86530]]
to comment on this preliminary determination.
DATES: Applicable December 30, 2020.
FOR FURTHER INFORMATION CONTACT: Marc Castillo or Fred Baker, 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) 482-0519 or (202) 482-2924.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on June 15,
2020.\1\ We selected Ningbo Daye Garden Machinery Co., Ltd. (Ningbo
Daye) as the mandatory respondent.\2\ On August 11, 2020, Commerce
postponed the preliminary determination of this investigation, and the
revised deadline is now December 22, 2020.\3\ For a complete
description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\4\ A list of
topics included 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 the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\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 15, 2020).
\2\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Certain Walk-Behind Lawn Mowers and Parts Thereof from the People's
Republic of China: Respondent Selection,'' dated August 12, 2020.
\3\ See 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, 85 FR 48506 (August 11, 2020).
\4\ See Memorandum, ``Certain Walk-Behind Lawn Mowers and Parts
Thereof from the People's Republic of China: Decision Memorandum for
Preliminary Affirmative Determination of Sales at Less Than Fair
Value,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are lawn mowers 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,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ No interested party
commented on the scope of the investigation within the allotted time
period. However, on November 6, 2020, Commerce solicited comments from
interested parties regarding the overlap in the scope of the
antidumping (AD) and countervailing duty (CVD) investigations of lawn
mowers from China and the AD investigation of lawn mowers from the
Socialist Republic of Vietnam with the scope of the AD and CVD
investigations of certain vertical shaft engines and parts thereof from
China.\7\ Certain interested parties submitted comments and rebuttal
comments. For a summary of the product coverage comments and rebuttal
responses submitted to the record for this investigation, and
accompanying discussion and analysis of all comments timely received,
see the Preliminary Scope Determination Memorandum.\8\ As a result of
our analysis of comments received, we have preliminarily revised the
scope of the investigation. See Appendix I.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
\7\ See Memorandum, ``Request for Comments Regarding Scope
Overlap,'' dated November 6, 2020.
\8\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Lawn Mowers from the People's Republic of China
and the Socialist Republic of Vietnam: Preliminary Scope Decision
Memorandum,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a). Because China is a non-market economy
within the meaning of section 771(18) of the Act, Commerce has
calculated normal value in accordance with section 773(c) of the Act.
In addition, Commerce has relied on facts available under section
776(a) of the Act to determine the cash deposit rate assigned to the
China-wide entity. Furthermore, pursuant to sections 776(a) and (b) of
the Act, because the China-wide entity did not cooperate to the best of
its ability in responding to the Commerce's request for data, Commerce
preliminarily has relied upon facts otherwise available, with adverse
inferences, for the China-wide entity. For a full description of the
methodology underlying Commerce's preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, Commerce stated that it would calculate
producer/exporter combination rates for the respondents that are
eligible for a separate rate in this investigation.\9\ Policy Bulletin
05.1 describes this practice.\10\ In this investigation, we calculated
producer/exporter combination rates for respondents eligible for
separate rates.
---------------------------------------------------------------------------
\9\ See Initiation Notice, 85 FR at 37421.
\10\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate
average (adjusted for
Producer Exporter dumping subsidy
margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Ningbo Daye Garden Machinery Co., Ltd......... Ningbo Daye Garden Machinery 67.95 57.36
Co., Ltd.
Chongqing Dajiang Power Equipment Co., Ltd.... Chongqing Dajiang Power 67.95 57.39
Equipment Co., Ltd.
MTD Machinery (Suzhou) Co., Ltd............... MTD Machinery (Suzhou) Co., Ltd. 67.95 57.39
Qianjiang Group Wenling Jennfeng Industry Inc. Sumec Hardware & Tools Co., Ltd. 67.95 57.39
[[Page 86531]]
Sumec Hardware & Tools Co., Ltd............... Sumec Hardware & Tools Co., Ltd. 67.95 57.39
Zhejiang KC Mechanical & Electrical Co., Ltd.. Sumec Hardware & Tools Co., Ltd. 67.95 57.39
Zhejiang Dobest Power Tools Co., Ltd.......... Zhejiang Amerisun Technology 67.95 57.39
Co., Ltd.
Zhejiang Dobest Power Tools Co., Ltd.......... Zhejiang Dobest Power Tools Co., 67.95 57.39
Ltd.
Zhejiang YAT Electrical Appliance Co., Ltd.... Zhejiang YAT Electrical 67.95 57.39
Appliance Co., Ltd.
Zhejiang Zhongjian Technology Co., Ltd........ Zhejiang Zhongjian Technology 67.95 57.39
Co., Ltd.
China-Wide Entity............................. ................................ 84.26 73.72
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
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,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted average amount by which normal value
exceeds U.S. price, as indicated in the chart above, as follows: (1)
For the producer/exporter combinations listed in the table above, the
cash deposit rate is equal to the estimated weighted-average dumping
margin listed for that combination in the table; (2) for all
combinations of Chinese producers/exporters of subject merchandise that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
county exporters of subject merchandise not listed in the table above,
the cash deposit rate is the cash deposit rate applicable to the
Chinese producer/exporter combination (or China-wide entity) that
supplied that third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the Preliminary Determination section's chart of
estimated weighted-average dumping margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication 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.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance. A
timeline for the submission of case briefs and written comments will be
provided to interested parties at a later date. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline date for case briefs.\11\ Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information until further notice.\12\
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.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
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 time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the
[[Page 86532]]
event of an affirmative preliminary determination, a request for such
postponement is made by exporters who account for a significant
proportion of exports of the subject merchandise, or in the event of a
negative preliminary determination, a request for such postponement is
made by the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce
requires that requests by respondents for postponement of a final
antidumping determination be accompanied by a request for extension of
provisional measures from a four-month period to a period not more than
six months in duration.
On December 7, 2020, and December 9, 2020, pursuant to 19 CFR
351.210(e), MTD Products, Inc. (the petitioner) \13\ and respondent
Ningbo Daye,\14\ respectively, requested that Commerce postpone the
final determination and that provisional measures be extended to a
period not to exceed six months. In accordance with section
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the
preliminary determination is affirmative; (2) the requesting exporter
accounts for a significant proportion of exports of the subject
merchandise; and (3) no compelling reasons for denial exist, Commerce
is postponing the final determination and extending the provisional
measures from a four-month period to a period not greater than six
months. Accordingly, Commerce will make its final determination no
later than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.
---------------------------------------------------------------------------
\13\ See Petitioner's Letter, ``Walk-Behind Lawn Mowers and
Parts Thereof from the People's Republic of China: Request for
Postponement of Final Determination,'' dated December 7, 2020.
\14\ See Ningbo Daye's Letter, ``Certain Walk-Behind Lawn Mowers
and Parts Thereof from the People's Republic of China, Case No. A-
570-129: Request to Postpone Final Determination,'' dated December
9, 2020.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. 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 whether these imports of the subject merchandise are
materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 22, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation consists of
certain rotary walk-behind lawn mowers, which are grass-cutting
machines that are powered by internal combustion engines. The scope
of the investigation covers certain walk-behind lawn mowers, whether
self-propelled or non-self-propelled, whether finished or
unfinished, whether assembled or unassembled, and whether containing
any additional features that provide for functions in addition to
mowing.
Walk-behind lawn mowers within the scope of this investigation
are only those powered by an internal combustion engine with a power
rating of less than 3.7 kilowatts (kw). These internal combustion
engines are typically spark ignition, single or multiple cylinder,
air cooled, internal combustion engines with vertical power take off
shafts with a maximum displacement of 196cc. Walk-behind lawn mowers
covered by this scope typically must be certified and comply with
the Consumer Products Safety Commission (CPSC) Safety Standard For
Walk-Behind Power Lawn Mowers under the 16 CFR part 1205. However,
lawn mowers that meet the physical descriptions above, but are not
certified under 16 CFR part 1205 remain subject to the scope of this
proceeding.
The internal combustion engines of the lawn mowers covered by
this scope typically 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. However, lawn mowers that meet the physical descriptions
above but that do not have engines certified under 40 CFR part 1054
or other parts of subchapter U remain subject to the scope of this
proceeding.
For purposes of this investigation, an unfinished and/or
unassembled lawn mower means at a minimum, a sub-assembly comprised
of an engine and a cutting deck shell attached to one another. A
cutting deck shell is the portion of the lawn mower--typically of
aluminum or steel--that houses and protects a user from a rotating
blade. Importation of the subassembly whether or not accompanied by,
or attached to, additional components such as a handle, blade(s),
grass catching bag, or wheel(s) constitute an unfinished lawn mower
for purposes of this investigation. The inclusion in a third country
of any components other than the mower subassembly does not remove
the lawn mower from the scope. Lawn mowers that meet the physical
description above are covered by the scope of this investigation
regardless of the origin of its engine, unless such lawn mowers
contain an engine that is covered by the scope of the ongoing
proceedings on certain vertical shaft engines between 99cc and up to
225cc, and parts thereof (small vertical engines) from China. If the
proceedings on small vertical engines from China are terminated, the
lawn mowers containing small vertical engines from China will be
covered by the scope of this proceeding.
The lawn mowers subject to this investigation are typically at
subheading: 8433.11.0050. Lawn mowers subject to this investigation
may also enter under HTSUS 8407.90.1010 and 8433.90.1090. The HTSUS
subheadings are 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Product Characteristics
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Adjustment Under Section 777(A)(F) of the Act
X. Adjustment to Cash Deposit Rate for Export Subsidies
XI. ITC Notification
XII. Recommendation
[FR Doc. 2020-28852 Filed 12-29-20; 8:45 am]
BILLING CODE 3510-DS-P
