Certain Large Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof, From the People's Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty Order, 12623-12625 [2021-04476]
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: February 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–04412 Filed 3–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–119]
Certain Large Vertical Shaft Engines
Between 225cc and 999cc, and Parts
Thereof, From the People’s Republic of
China: Amended Final Antidumping
Duty Determination and Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty (AD) order on certain large vertical
shaft engines between 225cc and 999cc,
and parts thereof (large vertical shaft
engines) from the People’s Republic of
China (China). In addition, Commerce is
amending its final determination to
correct a ministerial error with respect
to the final dumping rate determination
for Loncin Motor Co., Ltd. (Loncin) and,
therefore, is also amending its final
determination as to the rate applicable
to the separate rate companies.
DATES: Applicable March 4, 2021.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3945.
SUPPLEMENTARY INFORMATION:
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act, as
amended (the Act), on January 11, 2021,
Commerce published its Final
Determination in the less-than-fair-value
(LTFV) investigation of imports of large
vertical shaft engines from China.1 On
1 See Certain Large 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
VerDate Sep<11>2014
20:27 Mar 03, 2021
Jkt 253001
January 12, 2021, Commerce received
ministerial error allegations with respect
to Loncin in the Final Determination.2
No other party made an allegation of
ministerial errors. See the ‘‘Analysis of
Ministerial Error Allegations’’ section of
this notice for further discussion. After
reviewing the allegations, we determine
that the Final Determination included a
ministerial error with respect to
Loncin’s final rate determination.
Therefore, we made certain changes, as
described below, to the Final
Determination.
On February 24, 2021, the ITC
notified Commerce of its final
determination, pursuant to section
735(d) of the Act, that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of large vertical shaft
engines from China.3
Scope of the Order
The products covered by this order
are large vertical shaft engines from
China. For a complete description of the
scope of this order, see the appendix to
this notice.
Amendment to Final Determination
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ 4 Pursuant to 19
CFR 351.224(e), and as explained
further in the Ministerial Error
Memorandum 5 issued concurrently
with this notice, Commerce is amending
the Final Determination to reflect the
correction of a ministerial error in the
final estimated weighted-average
dumping margin calculated for Loncin.6
Correction of this error changes the final
rate determined for Loncin, and also
changes the rate applicable to the
separate rate companies.
Final Affirmative Critical Circumstances
Determination, 86 FR 1936 (January 11, 2021) (Final
Determination), and accompanying Issues and
Decision Memorandum (IDM).
2 Id.
3 See ITC Notification Letter, Investigation No.
701–TA–637 and 731–TA–1471 (Final), dated
February 24, 2021 (ITC Notification Letter).
4 See section 735(e) of the Act; see also 19 CFR
351.224(f).
5 See Memorandum, ‘‘Antidumping Duty
Investigation of Certain Vertical Shaft Engines
Between 225cc and 999cc, and Parts Thereof, from
China: Allegation of Ministerial Errors in Final
Determination of AD Investigation,’’ dated
concurrently with, and hereby adopted by, this
notice (Ministerial Error Memorandum).
6 Id.
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12623
AD Order
On February 24, 2021, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination in this investigation, in
which it found that an industry in the
United States is materially injured by
reason of imports of large vertical shaft
engines from China.7 Therefore, in
accordance with section 735(c)(2) of the
Act, Commerce is issuing this AD order.
Because the ITC determined that large
vertical shaft engines from China are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from China, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of large vertical shaft
engines from China. In addition, the ITC
made a negative finding concerning
critical circumstances with regard to
imports of large vertical engines from
China that are sold in the United States
at LTFV. As a result, these imports will
not be subject to retroactive
antidumping duties.8 With the
exception of entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final affirmative injury
determinations, as further described
below, antidumping duties will be
assessed on unliquidated entries of large
vertical shaft engines entered, or
withdrawn from warehouse, for
consumption, on or after August 19,
2020, the date of publication of the
Preliminary Determination.9
Suspension of Liquidation
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 735(c)(1)(B) of
the Act, Commerce will instruct CBP to
continue to suspend liquidation on all
relevant entries of large vertical shaft
engines from China. These instructions
7 See
ITC Notification Letter.
8 Id.
9 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).
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12624
Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margin indicated in the tables below.
Accordingly, effective on the date of
publication in the Federal Register of
the notice of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
subject merchandise, a cash deposit
equal to the rates listed below.
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
regard to antidumping duties,
unliquidated entries of large vertical
shaft engines from China entered, or
withdrawn from warehouse, for
consumption after January 4, 2021, the
final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final affirmative
injury determination in the Federal
Register. Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC’s final determination in the Federal
Register.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average
dumping margin
(percent)
Cash deposit
rate (adjusted
for export
subsidy offset)
(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.
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.
185.65
336.26
173.42
323.91
274.24
274.24
274.24
261.93
261.93
261.93
China-Wide Entity ........................................................................................................................................
468.33
456.1
Notification to Interested Parties
This notice constitutes the AD order
with respect to large vertical shaft
engines from China pursuant to section
736(a) of the Act. Interested parties can
find a list of AD orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This amended final determination
and AD order is published in
accordance with sections 735(e) and
736(a) of the Act, and 19 CFR 351.224(e)
and 19 CFR 351.211(b).
Dated: February 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Scope of the Order
jbell on DSKJLSW7X2PROD with NOTICES
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
large vertical shaft engines from China,
Commerce extended the four-month
period to six months in this
investigation. Commerce published the
Preliminary Determination in this
investigation on August 19, 2020.10
The extended provisional measures
period, beginning on the date of
publication of the preliminary
determination, ended on January 4,
2021. Therefore, in accordance with
section 733(d) of the Act and our
practice,11 Commerce will instruct CBP
to terminate the suspension of
liquidation and to liquidate, without
The merchandise covered by this order
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
10 See
Preliminary Determination.
e.g., Certain Corrosion-Resistant Steel
Products from India, the People’s Republic of
11 See,
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20:27 Mar 03, 2021
Jkt 253001
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 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 order, 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 order.
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 order 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 order enter under
HTSUS 8409.91.9990. Engines subject to this
order 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
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
description of the merchandise subject to this
order is dispositive.
[FR Doc. 2021–04476 Filed 3–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–879]
Methionine From Japan: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances and 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 methionine from Japan is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is July 1, 2019,
through June 30, 2020. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable March 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Robert Scully, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0572.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
jbell on DSKJLSW7X2PROD with NOTICES
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 August 25, 2020.1 On December 14,
2020, Commerce postponed the
preliminary determination of this
investigation, and the revised deadline
is now February 24, 2021.2 For a
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
1 See Methionine from France, Japan and Spain:
Initiation of Less-than-Fair-Value Investigations, 85
FR 52324 (August 25, 2020) (Initiation Notice).
2 See Methionine from France, Japan and Spain:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 85 FR 80774
(December 14, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Methionine from Japan,’’
dated concurrently with, and hereby adopted by
this notice (Preliminary Decision Memorandum).
VerDate Sep<11>2014
20:27 Mar 03, 2021
Jkt 253001
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.
Scope of the Investigation
The products covered by this
investigation are methionine from
Japan. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act
provides that in the preliminary
determination Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Sumitomo Chemical.
Therefore, for purposes of determining
the all-others rate, and pursuant to
section 735(c)(5)(A) of the Act, we are
using the dumping margin calculated
for Sumitomo Chemical, which is not
zero, de minimis, or determined entirely
under section 776 of the Act. For a full
description of the methodology
underlying Commerce’s analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated constructed export prices in
accordance with section 772(a) of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances exist for Sumitomo
Chemical Company, Ltd. (Sumitomo
Chemical), and for all other producers
and exporters in Japan. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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12625
Sumitomo Chemical Company,
Ltd ...........................................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
135.10
135.10
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 entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), where appropriate,
Commerce will instruct CBP to require
a cash deposit equal to the estimated
weighted-average dumping margin or
the estimated all-others rate, as follows:
(1) The cash deposit rate for the
respondent listed above will be equal to
the company-specific estimated
weighted-average dumping margins
determined in this preliminary
determination; (2) if the exporter is not
a respondent identified above, but the
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]]>Agencies
[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12623-12625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04476]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-119]
Certain Large Vertical Shaft Engines Between 225cc and 999cc, and
Parts Thereof, From the People's Republic of China: Amended Final
Antidumping Duty Determination and Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing an antidumping duty (AD) order on certain large
vertical shaft engines between 225cc and 999cc, and parts thereof
(large vertical shaft engines) from the People's Republic of China
(China). In addition, Commerce is amending its final determination to
correct a ministerial error with respect to the final dumping rate
determination for Loncin Motor Co., Ltd. (Loncin) and, therefore, is
also amending its final determination as to the rate applicable to the
separate rate companies.
DATES: Applicable March 4, 2021.
FOR FURTHER INFORMATION CONTACT: Leo Ayala AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3945.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act,
as amended (the Act), on January 11, 2021, Commerce published its Final
Determination in the less-than-fair-value (LTFV) investigation of
imports of large vertical shaft engines from China.\1\ On January 12,
2021, Commerce received ministerial error allegations with respect to
Loncin in the Final Determination.\2\ No other party made an allegation
of ministerial errors. See the ``Analysis of Ministerial Error
Allegations'' section of this notice for further discussion. After
reviewing the allegations, we determine that the Final Determination
included a ministerial error with respect to Loncin's final rate
determination. Therefore, we made certain changes, as described below,
to the Final Determination.
---------------------------------------------------------------------------
\1\ See Certain Large 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, 86 FR 1936
(January 11, 2021) (Final Determination), and accompanying Issues
and Decision Memorandum (IDM).
\2\ Id.
---------------------------------------------------------------------------
On February 24, 2021, the ITC notified Commerce of its final
determination, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of large
vertical shaft engines from China.\3\
---------------------------------------------------------------------------
\3\ See ITC Notification Letter, Investigation No. 701-TA-637
and 731-TA-1471 (Final), dated February 24, 2021 (ITC Notification
Letter).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are large vertical shaft engines
from China. For a complete description of the scope of this order, see
the appendix to this notice.
Amendment to Final Determination
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' \4\ Pursuant to 19 CFR 351.224(e), and as explained
further in the Ministerial Error Memorandum \5\ issued concurrently
with this notice, Commerce is amending the Final Determination to
reflect the correction of a ministerial error in the final estimated
weighted-average dumping margin calculated for Loncin.\6\ Correction of
this error changes the final rate determined for Loncin, and also
changes the rate applicable to the separate rate companies.
---------------------------------------------------------------------------
\4\ See section 735(e) of the Act; see also 19 CFR 351.224(f).
\5\ See Memorandum, ``Antidumping Duty Investigation of Certain
Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof,
from China: Allegation of Ministerial Errors in Final Determination
of AD Investigation,'' dated concurrently with, and hereby adopted
by, this notice (Ministerial Error Memorandum).
\6\ Id.
---------------------------------------------------------------------------
AD Order
On February 24, 2021, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination in this
investigation, in which it found that an industry in the United States
is materially injured by reason of imports of large vertical shaft
engines from China.\7\ Therefore, in accordance with section 735(c)(2)
of the Act, Commerce is issuing this AD order. Because the ITC
determined that large vertical shaft engines from China are materially
injuring a U.S. industry, unliquidated entries of such merchandise from
China, entered or withdrawn from warehouse for consumption, are subject
to the assessment of antidumping duties. Therefore, in accordance with
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and
Border Protection (CBP) to assess, upon further instruction by
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of large
vertical shaft engines from China. In addition, the ITC made a negative
finding concerning critical circumstances with regard to imports of
large vertical engines from China that are sold in the United States at
LTFV. As a result, these imports will not be subject to retroactive
antidumping duties.\8\ With the exception of entries occurring after
the expiration of the provisional measures period and before
publication of the ITC's final affirmative injury determinations, as
further described below, antidumping duties will be assessed on
unliquidated entries of large vertical shaft engines entered, or
withdrawn from warehouse, for consumption, on or after August 19, 2020,
the date of publication of the Preliminary Determination.\9\
---------------------------------------------------------------------------
\7\ See ITC Notification Letter.
\8\ Id.
\9\ 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).
---------------------------------------------------------------------------
Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce
will instruct CBP to continue to suspend liquidation on all relevant
entries of large vertical shaft engines from China. These instructions
[[Page 12624]]
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margin indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed below.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of large vertical shaft engines from China, Commerce extended the four-
month period to six months in this investigation. Commerce published
the Preliminary Determination in this investigation on August 19,
2020.\10\
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\10\ See Preliminary Determination.
---------------------------------------------------------------------------
The extended provisional measures period, beginning on the date of
publication of the preliminary determination, ended on January 4, 2021.
Therefore, in accordance with section 733(d) of the Act and our
practice,\11\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of large vertical shaft engines from China
entered, or withdrawn from warehouse, for consumption after January 4,
2021, the final day on which the provisional measures were in effect,
until and through the day preceding the date of publication of the
ITC's final affirmative injury determination in the Federal Register.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determination in
the Federal Register.
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\11\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit rate
weighted-average (adjusted for
Producer Exporter dumping margin export subsidy
(percent) offset) (percent)
----------------------------------------------------------------------------------------------------------------
Loncin Motor Co., Ltd...................... Loncin Motor Co. Ltd......... 185.65 173.42
Chongqing Zongshen General Power Machine Chongqing Zongshen General 336.26 323.91
Co., Ltd. Power Machine Co., Ltd.
Chongqing Rato Technology Co., Ltd......... Chongqing Rato Technology 274.24 261.93
Co., Ltd.
Jialing-Honda Motors Co., Ltd.............. Jialing-Honda Motors Co., Ltd 274.24 261.93
Yamaha Motor Powered Products Jiangsu Co., Yamaha Motor Powered Products 274.24 261.93
Ltd. Jiangsu Co., Ltd.
----------------------------------------------------------------------------------------------------------------
China-Wide Entity......................................................... 468.33 456.1
----------------------------------------------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the AD order with respect to large vertical
shaft engines from China pursuant to section 736(a) of the Act.
Interested parties can find a list of AD orders currently in effect at
https://enforcement.trade.gov/stats/iastats1.html.
This amended final determination and AD order is published in
accordance with sections 735(e) and 736(a) of the Act, and 19 CFR
351.224(e) and 19 CFR 351.211(b).
Dated: February 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Order
The merchandise covered by this order 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 order, 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 order. 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 order 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 order enter under
HTSUS 8409.91.9990. Engines subject to this order 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
[[Page 12625]]
description of the merchandise subject to this order is dispositive.
[FR Doc. 2021-04476 Filed 3-3-21; 8:45 am]
BILLING CODE 3510-DS-P
