Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination, 1936-1939 [2021-00213]
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1936
Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on all appropriate
entries. Because Commerce is
rescinding this administrative review in
its entirety, the entries to which this
administrative review pertained shall be
assessed at rates equal to the cash
deposit of estimated countervailing
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: January 5, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–00272 Filed 1–8–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–119]
jbell on DSKJLSW7X2PROD with NOTICES
Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof
From the People’s Republic of China:
Final Affirmative Determination of
Sales at Less Than Fair Value and
Final Affirmative Critical
Circumstances Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain vertical shaft engines between
225cc and 999cc, and parts thereof
AGENCY:
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(vertical shaft engines) 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 is July 1, 2019
through December 31, 2019.
DATES: Applicable January 11, 2021.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala and Jacqueline Arrowsmith, AD/
CVD Operations, Office VII, U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3945
and (202) 482–5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2020, Commerce
published its Preliminary Determination
of sales at LTFV of from China.1 For a
complete description of the events that
followed the Preliminary Determination,
see the Issues and Decision
Memorandum.2 A list of topics included
in the Issues and Decision
Memorandum is included as Appendix
II to this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Scope Comments
On September 18, 2020, the Toro
Company/Toro Purchasing Company
(Toro) submitted scope comments.3 On
September 25, 2020, Kohler Co. (Kohler)
filed rebuttal scope comments.4
1 See Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof, from the
People’s Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of Provisional
Measures, 85 FR 51015 (August 19, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Certain Vertical Shaft
Engines Between 225cc and 999cc, and Parts
Thereof from the People’s Republic of China:
Decision Memorandum for the Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Critical Circumstances
Determination,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Toro’s Letter, ‘‘Certain Vertical Shaft
Engines from the People’s Republic of China: Letter
in Lieu of Brief on Scope Issues,’’ dated September
18, 2020.
4 See Kohler’s Letter, ‘‘Certain Vertical Shaft
Engines Between 225cc and 999cc from the People’s
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Commerce addressed these comments in
its Final Scope Determination
Memorandum.5 We have not changed
the scope of the investigation.
Scope of the Investigation
The products covered by this
investigation are vertical shaft engines
from China. For a complete description
of the scope of the investigation, see
Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are discussed in the Issues
and Decision Memorandum. A list of
the issues raised in the Issues and
Decision Memorandum is attached to
this notice as Appendix II.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the margin calculations. For
a discussion of these changes, see the
Issues and Decision Memorandum.
Final Affirmative Determination of
Critical Circumstances
We find that critical circumstances
exist for imports of vertical shaft
engines from China for Loncin Motor
Co., Ltd. (Loncin), Chongqing Zongshen
General Power Machine Co., Ltd.
(Zongshen), all non-individually
investigated companies, and the Chinawide entity pursuant to sections
735(a)(3)(A) and (B) of the Act and 19
CFR 351.206.6
Separate Rate Companies
For this Final Determination, we
determine that the evidence placed on
the record of this investigation by
Loncin, Zongshen, Chongqing Rato
Technology Co., Ltd., Jialing-Honda
Motors Co., Ltd., and Yamaha Motor
Powered Products demonstrates an
absence of de jure and de facto
government control under the criteria
identified in Sparklers and Silicon
Carbide.7 Accordingly, Commerce
Republic of China: Letter in Lieu of Scope Rebuttal
Brief,’’ dated September 25, 2020.
5 See Memorandum, ‘‘Certain Vertical Shaft
Engines Between 225cc and 999cc, and Parts
Thereof, from China:
Final Scope Decision Memorandum,’’ dated
concurrently with this final determination.
6 See Issues and Decision Memorandum at 7 and
Comment 16.
7 See Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588 (May 6, 1991) (Sparklers); see
also Notice of Final Determination of Sales at Less
Than Fair Value: Silicon Carbide from the People’s
Republic of China, 59 FR 22585 (May 2, 1994)
(Silicon Carbide).
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
continues to grant separate rates to each
of these companies.
China-Wide Rate
In selecting the adverse facts available
(AFA) rate for the China-wide entity,
Commerce’s practice is to select a rate
that is sufficiently adverse to ensure that
the uncooperative party does not obtain
a more favorable result by failing to
cooperate than if it had fully
cooperated.8 Specifically, it is
Commerce’s practice to select, as an
AFA rate, the higher of: (a) The highest
dumping margin alleged in the petition;
or (b) the highest calculated dumping
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.13
Accordingly, we have assigned
combination rates to certain companies,
as provided in the ‘‘Final
Determination’’ section below.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Producer
Exporter
Loncin Motor Co., Ltd ...................................................
Chongqing Zongshen General Power Machine Co.,
Ltd.
Chongqing Rato Technology Co., Ltd ..........................
Jialing-Honda Motors Co., Ltd ......................................
Yamaha Motor Powered Products Jiangsu Co., Ltd ....
China-Wide Entity .........................................................
Loncin Motor Co. Ltd ....................................................
Chongqing Zongshen General Power Machine Co.,
Ltd.
Chongqing Rato Technology Co., Ltd ..........................
Jialing-Honda Motors Co., Ltd ......................................
Yamaha Motor Powered Products Jiangsu Co., Ltd ....
.......................................................................................
Cash
deposit rate
(adjusted
for export
subsidy offset)
(percent)
177.65
336.26
165.42
324.93
270.95
270.95
270.95
468.33
259.17
259.17
259.17
457.00
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all appropriate entries of
vertical shaft engines from China, as
described in the appendix to this notice,
which were entered, or withdrawn from
warehouse, for consumption on or after
August 19, 2019, the date of publication
of the Preliminary Determination of this
investigation in the Federal Register.
Further, Commerce will instruct CBP to
require a cash deposit equal to the
estimated amount by which the normal
value exceeds the U.S. price as shown
above.
Section 735(c)(4) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of:
(a) The date which is 90 days before the
date on which the suspension of
liquidation was first ordered; or (b) the
date on which notice of initiation of the
investigation was published. As
discussed in the Issues and Decision
Memorandum, Commerce finds that
critical circumstances exist for Loncin,
Zongshen, all non-individually
investigated companies, and the Chinawide entity. In accordance with section
733(c)(4) of the Act, the suspension of
liquidation shall continue to apply to all
unliquidated entries of merchandise
from Loncin, all non-individually
investigated companies, and the Chinawide entity that were entered, or
withdrawn from warehouse, for
consumption on or after May 21, 2020,
which is 90 days before the publication
of the Preliminary Determination. In
addition, based on our final affirmative
critical circumstances determination for
Zongshen,14 suspension of liquidation
shall apply to all unliquidated entries of
merchandise from Zongshen, that were
entered, or withdrawn from warehouse,
for consumption on or after May 21,
2020, which is 90 days before the
publication of the Preliminary
Determination.
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
8 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination: Purified Carboxymethyl
Cellulose from Finland, 69 FR 77216 (December 27,
2004), unchanged in Notice of Final Determination
of Sales at Less Than Fair Value: Purified
Carboxymethyl Cellulose from Finland, 70 FR
28279 (May 17, 2005).
9 See, e.g., Certain Stilbenic Optical Brightening
Agents from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 77
FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value:
Certain Cold-Rolled Flat-Rolled Carbon Quality
Steel Products from the People’s Republic of China,
65 FR 34660 (May 31, 2000), and accompanying
Issues and Decision Memorandum.
10 See Preliminary Decision Memorandum at 15–
18.
11 Id.
12 See Memorandum, ‘‘Corroboration of the
Adverse Facts Available Rate for the Final
Determination in the Antidumping Duty
Investigation of Certain Vertical Shaft Engines
Between 225cc and 999cc, and Parts Thereof, from
the People’s Republic of China,’’ dated concurrently
with this notice.
13 See Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof from the
People’s Republic of China: Initiation of
Antidumping Duty Investigation, 85 FR 8809
(February 18, 2020) (Initiation Notice).
14 See Issues and Decision Memorandum at 38–
39.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final determination in the Federal
Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of
Liquidation
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margin of any respondent in the
investigation.9
In the Preliminary Determination, we
relied on AFA in determining the
dumping margin for the China-wide
entity.10 As explained in the
Preliminary Determination, Zhejiang
Xingyu Industry Trade, Suzhou
Honbase MAC, and Wenling Jennfeng
Industries Inc. did not respond to our
requests for information.11 We have
relied on AFA to determine the
dumping margin of 468.33 percent for
the China-wide entity for this final
determination.12
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
makes an affirmative determination for
domestic subsidy pass-through or export
subsidies, Commerce offsets the
calculated estimated weighted-average
dumping margin by the appropriate
rates. Commerce continues to find that
neither Zongshen nor Loncin qualifies
for a double-remedy adjustment.15
However, we have continued to adjust
the cash deposit rates for Loncin,
Zongshen, all non-individuallyexamined companies, and the Chinawide entity for export subsidies in the
companion CVD investigation by the
appropriate export subsidy rates 16 as
indicated in the above chart. However,
suspension of liquidation of provisional
measures in the companion CVD case
has been discontinued effective October
17, 2020; therefore, we are not
instructing CBP to collect cash deposits
based upon the adjusted estimated
weighted-average dumping margin for
those export subsidies at this time.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which NV exceeds
U.S. price as follows: (1) For all
combinations of exporters/producers of
merchandise under consideration that
have not received their own separate
rate, the cash-deposit rate will be the
cash deposit rate established for the
China-wide entity; and (2) for all nonChinese exporters of the merchandise
under consideration which have not
received their own separate rate above,
the cash-deposit rate will be the cash
deposit rate applicable to the Chinese
exporter/producer combination that
supplied that non-Chinese exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
jbell on DSKJLSW7X2PROD with NOTICES
International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because the final determination
in this proceeding is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
15 Id.
at 37.
Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof from the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination and Final
Negative Critical Circumstances Determination,
dated concurrently with this notice.
16 See
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importation of vertical shaft engines
from China before the later of 120 days
after our preliminary determination or
45 days after our final determination. If
the ITC determines that material injury
or threat of material injury does not
exist, the proceeding will be terminated,
and all cash deposits will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise,
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: January 4, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix II
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation consists of spark-ignited, nonroad, vertical shaft engines, whether finished
or unfinished, whether assembled or
unassembled, primarily for riding lawn
mowers and zero-turn radius lawn mowers.
Engines meeting this physical description
may also be for other non-hand-held outdoor
power equipment such as, including but not
limited to, tow-behind brush mowers,
grinders, and vertical shaft generators. The
subject engines are spark ignition, single or
multiple cylinder, air cooled, internal
combustion engines with vertical power take
off shafts with a minimum displacement of
225 cubic centimeters (cc) and a maximum
displacement of 999cc. Typically, engines
with displacements of this size generate gross
power of between 6.7 kilowatts (kw) to 42
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
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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.
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 an oil pan, manifold, 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 modules, ignition coils) for
synchronizing with the motor 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.
The engines subject to this investigation
are typically classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
at subheadings: 8407.90.1020, 8407.90.1060,
and 8407.90.1080. The engine subassemblies
that are subject to this investigation enter
under HTSUS 8409.91.9990. Engines subject
to this investigation may also enter under
HTSUS 8407.90.9060 and 8407.90.9080. The
HTSUS subheadings are provided for
convenience and customs purposes only, and
the written description of the merchandise
under investigation is dispositive.
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List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Changes Since the Preliminary
Determination
VII. China-Wide Entity and the Use of Facts
Available and Adverse Inferences
VIII. Affirmative Determination of Critical
Circumstances
IX. Discussion of Issues
Comment 1: Whether Commerce Should
Change the Surrogate Value for the
Composite Magnetic Flywheel Input
Comment 2: Whether Commerce Should
Change the Surrogate Value for
Polypropylene Plastic Material
Comment 3: Whether Commerce Should
Change the Surrogate Value for Cast
Aluminum Crankcases
Comment 4: Whether Commerce Should
Change the Surrogate Value for Ignition
Coils
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Comment 5: Whether Commerce Should
Change the Surrogate Value for Balance
Shafts
Comment 6: Whether Commerce Should
Change the Surrogate Values for Guide
Hoods, Engine Shrouds, and Throttle
Governors
Comment 7: Whether Commerce Should
Change the Surrogate Value for Cylinder
Liners
Comment 8: Whether Commerce Should
Change the Surrogate Value for Governor
Gears
Comment 9: Whether Commerce Should
Change the Surrogate Values for Throttle
Linkages, Throttle Linkage Clamps,
Cotter Pins, and Certain Other Inputs
Comment 10: Whether Commerce should
Continue to use the Financial Statements
of Alarko Carrier Sanayi ve Ticaret A.S.
to Calculate Surrogate Financial Ratios
Comment 11: Whether Commerce Should
Change the Surrogate Value for U.S.
Inland Freight
Comment 12: Whether Commerce Should
Change the Surrogate Value for U.S. Rail
Freight
Comment 13: Whether Commerce Should
Change the Surrogate Value for U.S.
Brokerage
Comment 14: Whether Commerce Should
Change the Surrogate Value for Ocean
Freight
Comment 15: Whether Commerce Should
Make a Double Remedy Pass-Through
Adjustment
Comment 16: Whether Commerce Should
Limit its Massive Surge Analysis to a
Three-Month Relatively Short Period
X. Recommendation
[FR Doc. 2021–00213 Filed 1–8–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA757]
North Pacific Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The North Pacific Fishery
Management Council (Council) and its
advisory committees will meet February
1, 2021 through February 12, 2021.
DATES: The Council’s Scientific and
Statistical Committee (SSC) will begin at
8 a.m. on Monday, February 1, 2021 and
continue through Friday, February 5,
2021. The Council’s Advisory Panel
(AP) will begin at 8 a.m. on Monday,
February 1, 2021 and continue through
Friday, February 5, 2021. The Council
will meet on Friday, February 5, 2021,
from 8 a.m. to 5 p.m.; and from 8 a.m.
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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to 5 p.m. on Monday, February 8, 2021
through Friday, February 12, 2021. All
times listed are Alaska Standard Time.
ADDRESSES: The meetings will be by
webconference. Join online through the
links at https://www.npfmc.org/
upcoming-council-meetings.
Council address: North Pacific
Fishery Management Council, 1007 W
3rd Ave., Anchorage, AK 99501–2252;
telephone: (907) 271–2809. Instructions
for attending the meeting via
webconference are given under
Connection Information, below.
FOR FURTHER INFORMATION CONTACT:
Diana Evans, Council staff; telephone:
(907) 271–2809 and email:
diana.evans@noaa.gov. For technical
support please contact our
administrative staff, email:
npfmc.admin@noaa.gov.
SUPPLEMENTARY INFORMATION:
Agenda
Monday, February 1, 2021 Through
Friday, February 5, 2021
The SSC agenda will include the
following issues:
(1) Crab PSC Limit Reductions—
Preliminary/Initial Review
(2) BSAI Crab—Norton Sound red king
crab specifications, Plan Team/
Workshop report
(3) Small Sablefish Release—Initial
Review
(4) Marine mammal status—Review
(5) Bering Sea Fishery Ecosystem Plan:
(a) FEP Team report, (b) FEP
Taskforce on Climate Change
workplan, (c) FEP Taskforce on
Local Knowledge/Traditional
Knowledge/Subsistence update, (d)
Ecosystem Committee report
(6) Groundfish and Crab Economic
SAFE reports—Review
(7) EFP Applications and Reports (a)
Review halibut excluder
application, (b) Review NBS
application (T), (c) Receive report
on AI pollock EFP
(8) SSC prioritization and planning
(9) SSC Workshop to review the
groundfish specifications risk table
The agenda is subject to change, and
the latest version will be posted at
https://meetings.npfmc.org/Meeting/
Details/1852 prior to the meeting, along
with meeting materials.
In addition to providing ongoing
scientific advice for fishery management
decisions, the SSC functions as the
Council’s primary peer review panel for
scientific information, as described by
the Magnuson-Stevens Act section
302(g)(1)(e), and the National Standard
2 guidelines (78 FR 43066). The peer
review process is also deemed to satisfy
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the requirements of the Information
Quality Act, including the OMB Peer
Review Bulletin guidelines.
Monday, February 1, 2021 Through
Friday, February 5, 2021
The Advisory Panel agenda will
include the following issues:
(1) Small Sablefish Release—Initial
Review
(2) BSAI Pacific cod Pot Catcher
Processor LLP License
Endorsements—Final Action
(3) Standardized Bycatch Reporting
Methodology—Initial/Final Action
(4) Crab PSC Limit Reductions—
Preliminary/Initial Review
(5) BSAI Crab—Norton Sound red king
crab specifications, Plan Team/
Workshop report
(6) Community Engagement Committee
Final Recommendations—Review
(7) EFP Applications and Reports (a)
Review halibut excluder
application, (b) Review NBS
application (T)
(8) Bering Sea Fishery Ecosystem Plan:
(a) FEP Team report, (b) FEP
Taskforce on Climate Change
workplan, (c) FEP Taskforce on
Local Knowledge/Traditional
Knowledge/Subsistence update, (d)
Ecosystem Committee report
(9) Staff Tasking
Friday, February 5, 2021
The Council agenda will include the
following issues. The Council may take
appropriate action on any of the issues
identified.
(1) All B Reports (Executive Director,
NMFS Management, NOAA GC,
NOAA GC, AFSC, ADF&G, USCG,
USFWS, Protective Species Report)
(2) BSAI Pacific cod Pot Catcher
Processor LLP License
Endorsements—Final Action
(3) Standardized Bycatch Reporting
Methodology—Initial/Final Action
Monday, February 8, 2021 Through
Friday, February 12, 2021
The Council agenda will include the
following issues. The Council may take
appropriate action on any of the issues
identified.
(4) AP Report
(5) IPHC Report
(6) Standardized Bycatch Reporting
Methodology Continued—Initial/
Final Action
(7) Community Engagement Committee
Final Recommendations—Review
(8) Small Sablefish Release—Initial
Review
(9) Crab PSC Limit Reductions—
Preliminary/Initial Review
(10) SSC Report
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Notices]
[Pages 1936-1939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00213]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-119]
Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts
Thereof From the People's Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Critical Circumstances Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain vertical shaft engines between 225cc and 999cc, and parts
thereof (vertical shaft engines) 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 is July 1,
2019 through December 31, 2019.
DATES: Applicable January 11, 2021.
FOR FURTHER INFORMATION CONTACT: Leo Ayala and Jacqueline Arrowsmith,
AD/CVD Operations, Office VII, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3945
and (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2020, Commerce published its Preliminary
Determination of sales at LTFV of from China.\1\ For a complete
description of the events that followed the Preliminary Determination,
see the Issues and Decision Memorandum.\2\ A list of topics included in
the Issues and Decision Memorandum is included as Appendix II to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Issues and Decision Memorandum are
identical in content.
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\1\ See Certain Vertical Shaft Engines Between 225cc and 999cc,
and Parts Thereof, from the People's Republic of China: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 51015 (August 19, 2020) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof from the People's Republic of
China: Decision Memorandum for the Final Affirmative Determination
of Sales at Less Than Fair Value and Final Affirmative Critical
Circumstances Determination,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope Comments
On September 18, 2020, the Toro Company/Toro Purchasing Company
(Toro) submitted scope comments.\3\ On September 25, 2020, Kohler Co.
(Kohler) filed rebuttal scope comments.\4\ Commerce addressed these
comments in its Final Scope Determination Memorandum.\5\ We have not
changed the scope of the investigation.
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\3\ See Toro's Letter, ``Certain Vertical Shaft Engines from the
People's Republic of China: Letter in Lieu of Brief on Scope
Issues,'' dated September 18, 2020.
\4\ See Kohler's Letter, ``Certain Vertical Shaft Engines
Between 225cc and 999cc from the People's Republic of China: Letter
in Lieu of Scope Rebuttal Brief,'' dated September 25, 2020.
\5\ See Memorandum, ``Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof, from China:
Final Scope Decision Memorandum,'' dated concurrently with this
final determination.
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Scope of the Investigation
The products covered by this investigation are vertical shaft
engines from China. For a complete description of the scope of the
investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculations. For a discussion of these changes,
see the Issues and Decision Memorandum.
Final Affirmative Determination of Critical Circumstances
We find that critical circumstances exist for imports of vertical
shaft engines from China for Loncin Motor Co., Ltd. (Loncin), Chongqing
Zongshen General Power Machine Co., Ltd. (Zongshen), all non-
individually investigated companies, and the China-wide entity pursuant
to sections 735(a)(3)(A) and (B) of the Act and 19 CFR 351.206.\6\
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\6\ See Issues and Decision Memorandum at 7 and Comment 16.
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Separate Rate Companies
For this Final Determination, we determine that the evidence placed
on the record of this investigation by Loncin, Zongshen, Chongqing Rato
Technology Co., Ltd., Jialing-Honda Motors Co., Ltd., and Yamaha Motor
Powered Products demonstrates an absence of de jure and de facto
government control under the criteria identified in Sparklers and
Silicon Carbide.\7\ Accordingly, Commerce
[[Page 1937]]
continues to grant separate rates to each of these companies.
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\7\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (Sparklers); see also Notice of Final Determination of Sales
at Less Than Fair Value: Silicon Carbide from the People's Republic
of China, 59 FR 22585 (May 2, 1994) (Silicon Carbide).
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China-Wide Rate
In selecting the adverse facts available (AFA) rate for the China-
wide entity, Commerce's practice is to select a rate that is
sufficiently adverse to ensure that the uncooperative party does not
obtain a more favorable result by failing to cooperate than if it had
fully cooperated.\8\ Specifically, it is Commerce's practice to select,
as an AFA rate, the higher of: (a) The highest dumping margin alleged
in the petition; or (b) the highest calculated dumping margin of any
respondent in the investigation.\9\
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\8\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December
27, 2004), unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland,
70 FR 28279 (May 17, 2005).
\9\ See, e.g., Certain Stilbenic Optical Brightening Agents from
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled
Flat-Rolled Carbon Quality Steel Products from the People's Republic
of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and
Decision Memorandum.
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In the Preliminary Determination, we relied on AFA in determining
the dumping margin for the China-wide entity.\10\ As explained in the
Preliminary Determination, Zhejiang Xingyu Industry Trade, Suzhou
Honbase MAC, and Wenling Jennfeng Industries Inc. did not respond to
our requests for information.\11\ We have relied on AFA to determine
the dumping margin of 468.33 percent for the China-wide entity for this
final determination.\12\
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\10\ See Preliminary Decision Memorandum at 15-18.
\11\ Id.
\12\ See Memorandum, ``Corroboration of the Adverse Facts
Available Rate for the Final Determination in the Antidumping Duty
Investigation of Certain Vertical Shaft Engines Between 225cc and
999cc, and Parts Thereof, from the People's Republic of China,''
dated concurrently with this notice.
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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.\13\ Accordingly, we
have assigned combination rates to certain companies, as provided in
the ``Final Determination'' section below.
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\13\ See Certain Vertical Shaft Engines Between 225cc and 999cc,
and Parts Thereof from the People's Republic of China: Initiation of
Antidumping Duty Investigation, 85 FR 8809 (February 18, 2020)
(Initiation Notice).
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Cash deposit
Estimated rate (adjusted
weighted- for export
Producer Exporter average subsidy
dumping margin offset)
(percent) (percent)
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Loncin Motor Co., Ltd......................... Loncin Motor Co. Ltd............ 177.65 165.42
Chongqing Zongshen General Power Machine Co., Chongqing Zongshen General Power 336.26 324.93
Ltd. Machine Co., Ltd.
Chongqing Rato Technology Co., Ltd............ Chongqing Rato Technology Co., 270.95 259.17
Ltd.
Jialing-Honda Motors Co., Ltd................. Jialing-Honda Motors Co., Ltd... 270.95 259.17
Yamaha Motor Powered Products Jiangsu Co., Ltd Yamaha Motor Powered Products 270.95 259.17
Jiangsu Co., Ltd.
China-Wide Entity............................. ................................ 468.33 457.00
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this final determination within five days
of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of vertical shaft
engines from China, as described in the appendix to this notice, which
were entered, or withdrawn from warehouse, for consumption on or after
August 19, 2019, the date of publication of the Preliminary
Determination of this investigation in the Federal Register. Further,
Commerce will instruct CBP to require a cash deposit equal to the
estimated amount by which the normal value exceeds the U.S. price as
shown above.
Section 735(c)(4) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
The date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. As discussed in the
Issues and Decision Memorandum, Commerce finds that critical
circumstances exist for Loncin, Zongshen, all non-individually
investigated companies, and the China-wide entity. In accordance with
section 733(c)(4) of the Act, the suspension of liquidation shall
continue to apply to all unliquidated entries of merchandise from
Loncin, all non-individually investigated companies, and the China-wide
entity that were entered, or withdrawn from warehouse, for consumption
on or after May 21, 2020, which is 90 days before the publication of
the Preliminary Determination. In addition, based on our final
affirmative critical circumstances determination for Zongshen,\14\
suspension of liquidation shall apply to all unliquidated entries of
merchandise from Zongshen, that were entered, or withdrawn from
warehouse, for consumption on or after May 21, 2020, which is 90 days
before the publication of the Preliminary Determination.
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\14\ See Issues and Decision Memorandum at 38-39.
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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
[[Page 1938]]
makes an affirmative determination for domestic subsidy pass-through or
export subsidies, Commerce offsets the calculated estimated weighted-
average dumping margin by the appropriate rates. Commerce continues to
find that neither Zongshen nor Loncin qualifies for a double-remedy
adjustment.\15\ However, we have continued to adjust the cash deposit
rates for Loncin, Zongshen, all non-individually-examined companies,
and the China-wide entity for export subsidies in the companion CVD
investigation by the appropriate export subsidy rates \16\ as indicated
in the above chart. However, suspension of liquidation of provisional
measures in the companion CVD case has been discontinued effective
October 17, 2020; therefore, we are not instructing CBP to collect cash
deposits based upon the adjusted estimated weighted-average dumping
margin for those export subsidies at this time.
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\15\ Id. at 37.
\16\ See Certain Vertical Shaft Engines Between 225cc and 999cc,
and Parts Thereof from the People's Republic of China: Final
Affirmative Countervailing Duty Determination and Final Negative
Critical Circumstances Determination, dated concurrently with this
notice.
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Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit equal
to the weighted-average amount by which NV exceeds U.S. price as
follows: (1) For all combinations of exporters/producers of merchandise
under consideration that have not received their own separate rate, the
cash-deposit rate will be the cash deposit rate established for the
China-wide entity; and (2) for all non-Chinese exporters of the
merchandise under consideration which have not received their own
separate rate above, the cash-deposit rate will be the cash deposit
rate applicable to the Chinese exporter/producer combination that
supplied that non-Chinese exporter. These suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports, or sales (or the
likelihood of sales) for importation of vertical shaft engines from
China before the later of 120 days after our preliminary determination
or 45 days after our final determination. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated, and all cash deposits will be refunded.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: January 4, 2021.
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, primarily for riding
lawn mowers and zero-turn radius lawn mowers. Engines meeting this
physical description may also be for other non-hand-held outdoor
power equipment such as, including but not limited to, tow-behind
brush mowers, grinders, and vertical shaft generators. The subject
engines are spark ignition, single or multiple cylinder, air cooled,
internal combustion engines with vertical power take off shafts with
a minimum displacement of 225 cubic centimeters (cc) and a maximum
displacement of 999cc. Typically, engines with displacements of this
size generate gross power of between 6.7 kilowatts (kw) to 42 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.
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 an oil pan, manifold, 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 modules, ignition coils) for
synchronizing with the motor 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.
The engines subject to this investigation are typically
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheadings: 8407.90.1020, 8407.90.1060, and
8407.90.1080. The engine subassemblies that are subject to this
investigation enter under HTSUS 8409.91.9990. Engines subject to
this investigation may also enter under HTSUS 8407.90.9060 and
8407.90.9080. 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Changes Since the Preliminary Determination
VII. China-Wide Entity and the Use of Facts Available and Adverse
Inferences
VIII. Affirmative Determination of Critical Circumstances
IX. Discussion of Issues
Comment 1: Whether Commerce Should Change the Surrogate Value
for the Composite Magnetic Flywheel Input
Comment 2: Whether Commerce Should Change the Surrogate Value
for Polypropylene Plastic Material
Comment 3: Whether Commerce Should Change the Surrogate Value
for Cast Aluminum Crankcases
Comment 4: Whether Commerce Should Change the Surrogate Value
for Ignition Coils
[[Page 1939]]
Comment 5: Whether Commerce Should Change the Surrogate Value
for Balance Shafts
Comment 6: Whether Commerce Should Change the Surrogate Values
for Guide Hoods, Engine Shrouds, and Throttle Governors
Comment 7: Whether Commerce Should Change the Surrogate Value
for Cylinder Liners
Comment 8: Whether Commerce Should Change the Surrogate Value
for Governor Gears
Comment 9: Whether Commerce Should Change the Surrogate Values
for Throttle Linkages, Throttle Linkage Clamps, Cotter Pins, and
Certain Other Inputs
Comment 10: Whether Commerce should Continue to use the
Financial Statements of Alarko Carrier Sanayi ve Ticaret A.S. to
Calculate Surrogate Financial Ratios
Comment 11: Whether Commerce Should Change the Surrogate Value
for U.S. Inland Freight
Comment 12: Whether Commerce Should Change the Surrogate Value
for U.S. Rail Freight
Comment 13: Whether Commerce Should Change the Surrogate Value
for U.S. Brokerage
Comment 14: Whether Commerce Should Change the Surrogate Value
for Ocean Freight
Comment 15: Whether Commerce Should Make a Double Remedy Pass-
Through Adjustment
Comment 16: Whether Commerce Should Limit its Massive Surge
Analysis to a Three-Month Relatively Short Period
X. Recommendation
[FR Doc. 2021-00213 Filed 1-8-21; 8:45 am]
BILLING CODE 3510-DS-P
