Certain Walk-Behind Snow Throwers and Parts Thereof From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 22026-22031 [2021-08629]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Notices]
[Pages 22026-22031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08629]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-141]


Certain Walk-Behind Snow Throwers and Parts Thereof From the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation

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

DATES: Applicable April 19, 2021.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Charles Doss, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 482-4474, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On March 30, 2021, the Department of Commerce (Commerce) received 
an antidumping duty (AD) petition concerning imports of certain walk-
behind snow throwers and parts thereof (snow throwers) from the 
People's Republic of China (China) filed in proper form on behalf of 
MTD Products Inc. (the petitioner), a domestic producer of snow 
throwers.\1\ The Petition was accompanied by a countervailing duty 
(CVD) petition concerning imports of snow throwers from China.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Certain Walk-Behind Snow 
Throwers from the People's Republic of China,'' dated March 30, 2021 
(the Petition).
    \2\ Id.
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    On April 2 and 9, 2021, Commerce requested supplemental information 
pertaining to certain aspects of the Petition in separate supplemental 
questionnaires and a phone call with

[[Page 22027]]

the petitioner.\3\ On April 7 and 13, 2021, the petitioner filed timely 
responses to these requests for additional information.\4\
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    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Walk-
Behind Snow Throwers and Parts Thereof from the People's Republic of 
China: Supplemental Questions,'' dated April 2, 2021 (General Issues 
Supplemental Questionnaire); ``Petition for the Imposition of 
Antidumping Duties on Imports of Certain Walk-Behind Snow Throwers 
and Parts Thereof from the People's Republic of China: Supplemental 
Questions Regarding Volume II (Antidumping Duty Allegation) of the 
Petition,'' dated April 2, 2021; see also Memorandum, ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Certain Walk-Behind Snow Throwers and Parts Thereof from 
the People's Republic of China: Phone Call with Counsel to the 
Petitioner,'' dated April 9, 2021 (Phone Call with Petitioner's 
Counsel).
    \4\ See Petitioner's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Certain Walk-Behind Snow 
Throwers from the People's Republic of China: General Issues 
Supplemental Questionnaire Response Volume I,'' dated April 7, 2021 
(First General Issues Supplement); ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Certain Walk-Behind Snow 
Throwers from the People's Republic of China: Supplemental 
Questionnaire Response Volume II,'' dated April 7, 2021 (China AD 
Supplement); and ``Petitions for the Imposition of Antidumping and 
Countervailing Duties on Certain Walk-Behind Snow Throwers from the 
People's Republic of China: General Issues Second Supplemental 
Questionnaire Response Volume I,'' dated April 13, 2021 (Second 
General Issues Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of snow throwers 
from China are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) within the meaning of section 731 of the 
Act and that imports of such products are materially injuring, or 
threatening material injury to, the domestic snow thrower industry in 
the United States. Consistent with section 732(b)(1) of the Act, the 
Petition is accompanied by information reasonably available to the 
petitioner supporting the allegation.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support for the initiation 
of the requested AD investigation.\5\
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    \5\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is July 1, 2020, 
through December 31, 2020.

Scope of the Investigation

    The merchandise covered by this investigation is snow throwers from 
China. For a full description of the scope of this investigation, see 
the appendix to this notice.

Comments on the Scope of the Investigation

    On April 2 and 7, 2021, Commerce requested further information from 
the petitioner regarding the proposed scope to ensure that the scope 
language in the Petition is an accurate reflection of the products for 
which the domestic industry is seeking relief.\6\ On April 13, 2021, 
the petitioner revised the scope.\7\ The description of the merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \6\ See General Issues Supplemental Questionnaire at 3; see also 
Phone Call with Petitioner's Counsel at 1-2.
    \7\ See Second General Issues Supplement at 1 and Exhibit SSI-1.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\9\ To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on May 10, 2021, which is the next business day after 20 calendar 
days from the signature date of this notice.\10\ Any rebuttal comments, 
which may include factual information, must be filed by 5:00 p.m. ET on 
May 20, 2021, which is 10 calendar days from the initial comment 
deadline.\11\
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ Commerce's practice dictates that where a deadline falls on 
a weekend or Federal holiday (in this instance, May 9, 2021), the 
appropriate deadline is the next business day. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).
    \11\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigation be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All scope submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\12\ An electronically filed document must be 
received successfully in its entirety by the time and date it is due.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of snow throwers to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOPs) accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaires, all 
product characteristics comments must be filed by 5:00 p.m. ET on May 
10, 2021, which is the next business day after 20 calendar days from 
the signature date of this notice.\13\ Any rebuttal comments, which may 
include factual information, must be filed by 5:00 p.m. ET on May 20, 
2021, which is ten calendar days after the initial comment deadline. 
All comments and submissions to Commerce must be filed electronically 
using ACCESS, as explained above, on the record of the AD 
investigation.
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    \13\ See 19 CFR 351.303(b).

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[[Page 22028]]

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\16\ Based on our analysis of the information 
submitted on the record, we have determined that snow throwers, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\17\
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    \16\ See Petition at Volume I at 18-22 and Exhibits I-13, I-15 
and I-19; see also First General Issues Supplement at 5-6.
    \17\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Antidumping Duty Investigation Initiation Checklist: 
Certain Walk-Behind Snow Throwers and Parts Thereof from the 
People's Republic of China'' dated concurrently with this notice and 
on file electronically via ACCESS (China AD Initiation Checklist) at 
Attachment II, Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering Certain Walk-Behind Snow 
Throwers and Parts Thereof from the People's Republic of China 
(Attachment II).
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own shipments of snow throwers in 2020.\18\ The petitioner estimated 
the production of the domestic like product for the entire industry 
based on shipment data, because production data for the entire domestic 
industry are not available, and shipments are a close approximation of 
production in the snow throwers industry.\19\ The petitioner compared 
its shipments to the estimated total 2020 shipments of the domestic 
like product for the entire domestic industry.\20\ We relied on data 
provided by the petitioner for purposes of measuring industry 
support.\21\
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    \18\ See Second General Issues Supplement at 2 and Exhibit SSI-
2.
    \19\ See Petition at Volume I at 4-6 and Exhibits I-1, I-7, and 
I-19; see also First General Issues Supplement at 7-8 and Exhibit 
SI-3; and Second General Issues Supplement at 2-4 and Exhibits SS1-2 
and SS1-4.
    \20\ See Petition at Volume I at 4-6 and Exhibits I-1, I-7, and 
I-19; see also First General Issues Supplement at 7-8 and Exhibit 
SI-3; and Second General Issues Supplement at 2-4 and Exhibits SS1-2 
and SS1-4.
    \21\ See Petition at Volume I at 4-6 and Exhibits I-1, I-7, and 
I-19; see also First General Issues Supplement at 7-8 and Exhibit 
SI-3; and Second General Issues Supplement at 2-4 and Exhibits SS1-2 
and SS1-4.
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\22\ First, the 
Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not required to take 
further action in order to evaluate industry support (e.g., 
polling).\23\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\24\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\25\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 732(b)(1) of the 
Act.\26\
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    \22\ See China AD Initiation Checklist at Attachment II.
    \23\ Id.; see also section 732(c)(4)(D) of the Act.
    \24\ See China AD Initiation Checklist at Attachment II.
    \25\ Id.
    \26\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\27\
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    \27\ See Petition at Volume I at 22-23 and Exhibit I-8; see also 
First General Issues Supplement at 9.
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    The petitioner contends that the industry's injured condition is 
illustrated by significant and increasing volume and market share of 
subject imports; lost sales and revenues; underselling and price 
depression and/or suppression; and decline in profitability, employment 
variables, capital expenditures, and capacity utilization.\28\ We 
assessed the

[[Page 22029]]

allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\29\
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    \28\ See Petition at Volume I at 22-34 and Exhibits I-7, I-9 
through I-11, I-17, I-18, and I-21 through I-23; see also First 
General Issues Supplement at 3, 9 and Exhibits SI-1 and SI-5; see 
also Second General Issues Supplement at 4-5 and Exhibit SSI-3.
    \29\ See AD Initiation Checklist at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Certain Walk-
Behind Snow Throwers and Parts Thereof from the People's Republic of 
China (Attachment III).
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate the AD investigation 
of imports of snow throwers from China. The sources of data for the 
deductions and adjustments relating to U.S. price and normal value (NV) 
are discussed in greater detail in the AD Initiation Checklist.

U.S. Price

    The petitioner based export price (EP) on a transaction-specific 
average unit value (AUV) derived from official U.S. import statistics 
for imports under HTSUS 8430.20.0060 obtained from the ITC's Dataweb 
and tied to ship manifest data from Datamyne.\30\ The petitioner made 
adjustments for movement and other expenses, where appropriate.\31\
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    \30\ See the AD Initiation Checklist.
    \31\ Id.
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Normal Value

    Commerce considers China to be an NME country.\32\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of this investigation. Accordingly, NV in 
China is appropriately based on FOPs valued in a surrogate market 
economy country, in accordance with section 773(c) of the Act.
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    \32\ See, e.g., Antidumping Duty Investigation of Certain 
Aluminum Foil from the People's Republic of China: Affirmative 
Preliminary Determination of Sales at Less-Than-Fair Value and 
Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 
2017), and accompanying Preliminary Decision Memorandum at 7-8, 
unchanged in Certain Aluminum Foil from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 83 FR 
9282 (March 5, 2018).
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    The petitioner states that Mexico is an appropriate surrogate 
country for China because Mexico is a market economy country that is at 
a level of economic development comparable to that of China and is a 
significant producer of comparable merchandise.\33\ The petitioner 
submitted publicly-available information from Mexico to value all FOPs, 
with the exception of two inputs for which Mexico did not have 
significant data.\34\ Based on the information provided by the 
petitioner, we determine that it is appropriate to use Mexico as a 
surrogate country for China for initiation purposes.\35\
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    \33\ See Petition at Volume II at 3 and Exhibits II-1, II-2.
    \34\ Id. at 3 and 6 and Exhibits II-1, II-8a, and II-8c. The 
petitioner valued the two missing inputs using data from Brazil, 
also demonstrated to be a significant producer of comparable 
merchandise.
    \35\ Further, we find it appropriate to use Brazilian data in 
the alternative where information from Mexico was unavailable.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selections and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    The petitioner used its own product-specific consumption rates as a 
surrogate to value Chinese manufacturers' FOPs.\36\ Additionally, the 
petitioner calculated factory overhead; selling, general and 
administrative expenses; and profit based on the experience of a 
Mexican producer of comparable merchandise.\37\
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    \36\ Id. at 5.
    \37\ Id. at 3 and 7.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of snow throwers from China are being, or are 
likely to be, sold in the United States at LTFV. Based on a comparison 
of EP to NV, in accordance with sections 772 and 773 of the Act, the 
estimated dumping margin for snow throwers from China is 89.96.\38\
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    \38\ See China AD Supplement at Exhibit SII-3.
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Initiation of LTFV Investigation

    Based upon our examination of the Petition on snow throwers from 
China and supplemental responses, we find that the Petition meets the 
requirements of section 732 of the Act. Therefore, we are initiating an 
AD investigation to determine whether imports of snow throwers from 
China are being, or are likely to be, sold in the United States at 
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 140 days after the date of this initiation.

Respondent Selection

    In the Petition, the petitioner named 36 companies in China as 
producers and/or exporters of snow throwers.\39\
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    \39\ See Petition at Volume I at 16 and Exhibit I-5; and General 
Issues Supplement at Exhibit SI-6.
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    In accordance with our standard practice for respondent selection 
in AD investigations involving NME countries, Commerce selects 
respondents based on quantity and value (Q&V) questionnaires in cases 
where it has determined that the number of companies is large and it 
cannot individually examine each company based upon its resources. 
Therefore, considering the number of producers and exporters identified 
in the Petition, Commerce will solicit Q&V information that can serve 
as a basis for selecting exporters for individual examination in the 
event that Commerce decides to limit the number of respondents 
individually examined pursuant to section 777A(c)(2) of the Act. Since 
there are 36 producers and/or exporters identified in the Petition, 
Commerce has determined to limit the number of Q&V questionnaires that 
it will send out to exporters and producers based on U.S. Customs and 
Border Protection (CBP) data for snow throwers from China during the 
POI under the appropriate Harmonized Tariff Schedule of the United 
States subheadings listed in the ``Scope of the Investigation,'' in the 
appendix. Accordingly, Commerce will send Q&V questionnaires to the 
largest producers and exporters that are identified in the CBP data for 
which there is address information on the record.
    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on E&C's website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Producers and/or exporters of 
snow throwers from China that do not receive Q&V questionnaires may 
still submit a response to the Q&V questionnaire and can obtain a copy 
of the Q&V questionnaire from E&C's website. In accordance with the 
standard practice for respondent selection in AD cases involving NME 
countries, in the event Commerce decides to limit the number of 
respondents individually investigated, Commerce intends to base 
respondent selection on the responses to the Q&V questionnaire that it 
receives.
    Responses to the Q&V questionnaire must be submitted by the 
relevant Chinese producers/exporters no later than 5:00 p.m. ET on May 
3, 2021,

[[Page 22030]]

which is two weeks from the signature date of this notice. All Q&V 
questionnaire responses must be filed electronically via ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted 
above.
    Interested parties must submit applications for disclosure under 
Administrative Protective Order (APO) in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
E&C's website at https://enforcement.trade.gov/apo. Comments must be 
filed electronically using ACCESS. An electronically filed document 
must be received successfully, in its entirety, by ACCESS no later than 
5:00 p.m. ET on the deadline noted above. Commerce intends to finalize 
its decisions regarding respondent selection within 20 days of 
publication of this notice.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\40\ 
The specific requirements for submitting a separate-rate application in 
a China investigation are outlined in detail in the application itself, 
which is available on E&C's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 
days after publication of this initiation notice.\41\ Exporters and/or 
producers who submit a separate-rate application and have been selected 
as mandatory respondents will be eligible for consideration for 
separate-rate status only if they respond to all parts of Commerce's AD 
questionnaire as mandatory respondents. Commerce requires that 
respondents from China submit a response to both the Q&V questionnaire 
and the separate-rate application by the respective deadlines in order 
to receive consideration for separate-rate status. Companies not filing 
a timely Q&V questionnaire response will not receive separate rate 
consideration.
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    \40\ See Policy Bulletin 05.1: ``Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving NME Countries,'' (April 5, 2005), available at https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
    \41\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that {Commerce{time}  
will now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the weighted-average of the individually calculated rates. 
This practice is referred to as the application of ``combination 
rates'' because such rates apply to specific combinations of 
exporters and one or more producers. The cash-deposit rate assigned 
to an exporter will apply only to merchandise both exported by the 
firm in question and produced by a firm that supplied the exporter 
during the period of investigation.\42\
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    \42\ See Policy Bulletin 05.1 at 6 (emphasis added).

Distribution of Copies of the AD Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the Government of China via ACCESS. Furthermore, to the 
extent practicable, Commerce will attempt to provide a copy of the 
public version of the Petition to each exporter named in the Petition, 
as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of snow throwers from China are materially 
injuring, or threatening material injury to, a U.S. industry.\43\ A 
negative ITC determination will result in the investigation being 
terminated.\44\ Otherwise, the investigation will proceed according to 
statutory and regulatory time limits.
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    \43\ See section 733(a) of the Act.
    \44\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \45\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\46\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \45\ See 19 CFR 351.301(b).
    \46\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301 or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Commerce's regulations concerning the extension of time 
limits prior to submitting factual information in this 
investigation.\47\
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    \47\ See 19 CFR 351.302, see also, e.g., Extension of Time 
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at 
https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.

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[[Page 22031]]

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\48\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\49\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \48\ See section 782(b) of the Act.
    \49\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
Commerce's document submission procedures (e.g., the filing of letters 
of appearance as discussed at 19 CFR 351.103(d)).\50\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\51\
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    \50\ See Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008).
    \51\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: April 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by this investigation consists of gas-
powered, walk-behind snow throwers (also known as snow blowers), 
which are snow moving machines that are powered by internal 
combustion engines and primarily pedestrian-controlled. The scope of 
the investigation covers certain snow throwers (also known as snow 
blowers), 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 snow throwing. Subject merchandise also 
includes finished and unfinished snow throwers that are further 
processed in a third country or in the United States, including, but 
not limited to, assembly or any other processing that would not 
otherwise remove the merchandise from the scope of this 
investigation if performed in the country of manufacture of the in-
scope snow throwers.
    Walk-behind snow throwers subject to the scope of this 
investigation are powered by internal combustion engines which are 
typically spark ignition, single or multiple cylinder, and air-
cooled with power take off shafts.
    For the purposes of this investigation, an unfinished and/or 
unassembled snow thrower means at a minimum, a sub-assembly 
comprised of an engine, auger housing (i.e., intake frame), and an 
auger (or ``auger paddle'') packaged or imported together. An intake 
frame is the portion of the snow thrower--typically of aluminum or 
steel--that houses and protects an operator from a rotating auger 
and is the intake point for the snow. Importation of the subassembly 
whether or not accompanied by, or attached to, additional components 
including, but not limited to, handle(s), impeller(s), chute(s), 
track tread(s), or wheel(s) constitutes an unfinished snow thrower 
for purposes of this investigation. The inclusion in a third country 
of any components other than the snow thrower sub-assembly does not 
remove the snow thrower from the scope. A snow thrower is within the 
scope of this investigation regardless of the origin of its engine.
    Specifically excluded is merchandise covered by the scope of the 
antidumping and countervailing duty orders on certain vertical shaft 
engines between 225cc and 999cc, and parts thereof from the People's 
Republic of China. See Certain 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, 86 FR 12623 (March 4, 2021) and Certain Vertical Shaft 
Engines Between 225cc and 999cc, and Parts Thereof From the People's 
Republic of China: Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination, 86 FR 12619 (March 4, 
2021).
    The snow throwers subject to this investigation are typically 
entered under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 8430.20.0060. Certain parts of snow throwers 
subject to this investigation may also enter under HTSUS 
8431.49.9095. The HTSUS subheadings are provided for convenience and 
customs purposes only, and the written description of the 
merchandise under investigation is dispositive.

[FR Doc. 2021-08629 Filed 4-23-21; 8:45 am]
BILLING CODE 3510-DS-P