Certain Walk-Behind Snow Throwers and Parts Thereof From the People's Republic of China: Initiation of Countervailing Duty Investigation, 22022-22026 [2021-08633]

Download as PDF 22022 Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices trade names.7 The CIT directed Commerce on remand to provide further explanation of its continued denial of SR status to Frozen Seafoods Factory No. 32 and Seafoods and Foodstuff Factory or reconsider its determination.8 In its second remand redetermination, issued on December 4, 2020, Commerce complied with the CIT’s order and, under respectful protest, reversed the Final Results determination wherein Commerce denied SR status to Frozen Seafoods Factory No. 32 and to Seafoods and Foodstuff Factory.9 As a result, Commerce assigned these factories Thuan Phuoc’s SR of 4.58 percent as determined in the Final Results. The CIT sustained Commerce’s second remand redetermination on April 14, 2021.10 Cash Deposit Requirements Because Frozen Seafoods Factory No. 32 and Seafoods and Foodstuff Factory have a superseding cash deposit rate, i.e., there has been a final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate. Liquidation of Suspended Entries Timken Notice as In its decision in clarified by Diamond Sawblades,12 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s April 14, 2021 judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Timken,11 Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to the SR status for Frozen Seafoods Factory No. 32 and Seafoods and Foodstuff Factory. Specifically, Commerce is granting SR status to Frozen Seafoods Factory No. 32 and Seafoods and Foodstuff Factory, as trade names of Thuan Phuoc, for purposes of the 2016–2017 administrative review. Consequently, we are revising the weighted-average dumping margin assigned to these two 7 See Sao Ta Foods Joint Stock Company et.al. v. United States, 475 F. Supp. 3d 1283, 1289–93 (CIT 2020). 8 Id. at 1293. 9 See Final Results of Redetermination Pursuant to Court Remand, dated December 4, 2020 (Remand II), available at https://enforcement.trade.gov/ remands/20-135.pdf. 10 See Sao Ta Foods Joint Stock Company et.al. v. United States, Consol. Court No, 18–00205, Slip. Op. 21–42 (CIT 2021). 11 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 12 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 exporters, for the period February 1, 2016, through January 31, 2017, from the Vietnam-wide rate of 25.76 percent to 4.58 percent, which was the rate assigned to non-individually examined companies that qualified for a SR in the Final Results.13 18:01 Apr 23, 2021 Jkt 253001 At this time, Commerce remains enjoined by CIT order from liquidating entries that were exported by Thuan Phuoc, aka Frozen Seafoods Factory No. 32, aka Seafoods and Foodstuff Factory, and were entered, or withdrawn from warehouse, for consumption during the period February 1, 2016, through January 31, 2017. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise exported by Frozen Seafoods Factory No. 32 and Seafoods and Foodstuff Factory at the abovenoted 4.58 percent rate, in accordance with 19 CFR 351.212.14 DEPARTMENT OF COMMERCE International Trade Administration [C–570–142] Certain Walk-Behind Snow Throwers and Parts Thereof From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable April 19, 2021. FOR FURTHER INFORMATION CONTACT: Alex Cipolla or Kate Sliney, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4956 or (202) 482–0324, respectively. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On March 30, 2021, the Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of certain walkbehind 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).1 The Petition was accompanied by an antidumping duty (AD) petition concerning imports of snow throwers from China. Between April 1 and 9, 2021, Commerce requested supplemental information pertaining to certain aspects of the Petition in separate supplemental questionnaires and a phone call with the petitioner.2 On April 7 and 13, 2021, the petitioner filed timely responses to these requests for additional information.3 Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: April 20, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. [FR Doc. 2021–08640 Filed 4–23–21; 8:45 am] BILLING CODE 3510–DS–P 13 See Final Results, 83 FR at 46705. injunctions have been filed in connection with this litigation, covering exporters other than Frozen Seafoods Factory No. 32 and Seafoods and Foodstuff Factory. Commerce also intends to issue appropriate instructions to CBP upon dissolution of these injunctions. 14 Two PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 1 See Petitioner’s Letter, ‘‘Certain Walk-Behind Snow Throwers and Parts Thereof from the People’s Republic of China: Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated March 30, 2021 (the Petition). 2 See Commerce’s Letters, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Walk-Behind Snow Throwers and Parts Thereof from the People’s Republic of China: Supplemental Questions,’’ dated April 1, 2021; ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain WalkBehind Snow Throwers and Parts Thereof from the People’s Republic of China: Supplemental Questions,’’ dated April 2, 2021 (General Issues Supplemental); and Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated April 9, 2021 (Phone Call with Petitioner’s Counsel). 3 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: Supplemental Questionnaire Response Volume III,’’ dated April 7, 2021; ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Walk-Behind E:\FR\FM\26APN1.SGM 26APN1 Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of snow throwers in China and that such imports are materially injuring, or threatening material injury to, the domestic industry producing snow throwers in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is supported by information reasonably available to the petitioner. 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 with respect to the initiation of the requested CVD investigation.4 Period of Investigation Because the Petition was filed on March 30, 2021, the period of investigation is January 1, 2020, through December 31, 2020.5 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 Scope of the Investigation On April 2 and 9, 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. Snow Throwers from the People’s Republic of China: General Issues Supplemental Questionnaire Response Volume I,’’ dated April 7, 2021 (First General Issues 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). 4 See ‘‘Determination of Industry Support for the Petition’’ section, infra. 5 See 19 CFR 351.204(b)(2). 6 See General Issues Supplemental 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. VerDate Sep<11>2014 18:01 Apr 23, 2021 Jkt 253001 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,9 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope 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. Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time 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 comments must also be filed on the record of the concurrent AD investigation. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance (E&C)’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.11 An electronically filed document must be received successfully 8 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 10 See 19 CFR 351.303(b). Commerce’s practice dictates that where a deadline falls on a weekend or Federal holiday, the appropriate deadline is the next business day (in this instance, February 22, 2021). 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 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 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. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 22023 in its entirety by the time and date it is due. Consultations Pursuant to section 702(b)(4)(A)(ii) of the Act, on March 31, 2021, we invited representatives of the GOC for consultations with respect to the CVD petition. We held the consultations via a conference call on April 13, 2021.12 Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(1) 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 702(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,13 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 12 See Memorandum, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Walk-Behind Snow Throwers and Parts Thereof from the People’s Republic of China: Consultations with Officials from the Government of China,’’ dated April 13, 2021. 13 See section 771(10) of the Act. E:\FR\FM\26APN1.SGM 26APN1 22024 Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices differences do not render the decision of either agency contrary to law.14 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.15 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.16 In determining whether the petitioner has standing under section 702(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 2020.17 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.18 The petitioner compared its shipments to the estimated total 2020 14 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)). 15 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. 16 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Checklist, ‘‘Countervailing 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 CVD 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). 17 See Second General Issues Supplement at 2 and Exhibit SSI–2. 18 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. VerDate Sep<11>2014 18:01 Apr 23, 2021 Jkt 253001 shipments of the domestic like product for the entire domestic industry.19 We relied on data provided by the petitioner for purposes of measuring industry support.20 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.21 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).22 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(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.23 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(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.24 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.25 Injury Test Because China is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from China materially injure, or threaten material injury to, a U.S. industry. 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 CVD Initiation Checklist at Attachment II. 22 Id.; see also section 702(c)(4)(D) of the Act. 23 See China CVD Initiation Checklist at Attachment II. 24 Id. 25 Id. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Allegations and Evidence of Material Injury and Causation The petitioner alleges that the imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.26 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.27 We assessed the 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.28 Initiation of CVD Investigation Based upon our examination of the Petition and supplemental responses, we find that the Petition meets the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of snow throwers from China benefit from countervailable subsidies conferred by the GOC. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on all but one of the alleged programs. For a full discussion of the basis for our decision to initiate on each program, see China CVD Initiation Checklist. The initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary 26 See Petition at Volume I at 22–23 and Exhibit I–8; see also General Issues Supplement at 9. 27 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. 28 See CVD 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). E:\FR\FM\26APN1.SGM 26APN1 Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices determination no later than 65 days after the date of this initiation. Respondent Selection The petitioner named 36 companies in China as producers/exporters of snow throwers.29 Commerce intends to follow its standard practice in CVD investigations and calculate companyspecific subsidy rates in this investigation. In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce’s resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) entry data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) numbers listed in the ‘‘Scope of the Investigation,’’ in the appendix. On April 19, 2021, Commerce released CBP data on imports of snow throwers from China under administrative protective order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment on the CBP data must do so within three business days of the publication date of the notice of initiation of this investigation.30 We further stated that we will not accept rebuttal comments. Interested parties must submit applications for disclosure under 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 date noted above. Commerce intends to finalize its decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC 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). 29 See Petition at Volume I at Exhibit I–5. Memorandum, ‘‘Countervailing Duty Petition on Certain Walk-Behind Snow Throwers and Parts Thereof from the People’s Republic of China: Release of U.S. Customs and Border Protection Entry Data,’’ dated April 19, 2021. 30 See VerDate Sep<11>2014 18:01 Apr 23, 2021 Jkt 253001 ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(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.31 A negative ITC determination will result in the investigation being terminated.32 Otherwise, this investigation will proceed according to statutory and regulatory time limits. 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 33 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.34 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. 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 351.301.35 For submissions that are due 31 See section 703(a)(1) of the Act. 32 Id. 33 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 35 See 19 CFR 351.302. 34 See PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 22025 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, Commerce 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 untimelyfiled requests for the extension of time limits. Parties should review Commerce’s regulations concerning the extension of time limits prior to submitting extension requests or factual information in this investigation.36 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.37 Parties must use the certification formats provided in 19 CFR 351.303(g).38 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305. Parties wishing to participate in this investigation should ensure that they meet the requirements of document submission procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)).39 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.40 36 See 19 CFR 351; see also 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. 37 See section 782(b) of the Act. 38 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 39 See Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 40 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\26APN1.SGM 26APN1 22026 Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Notices This notice is issued and published pursuant to sections 702 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, walkbehind 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-selfpropelled, 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 subassembly 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 VerDate Sep<11>2014 18:01 Apr 23, 2021 Jkt 253001 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. 2021–08633 Filed 4–23–21; 8:45 am] BILLING CODE 3510–DS–P name of this company is Zhenjiang Zhonglian I/E Co., Ltd. Notification to Interested Parties This notice is issued and published in accordance with section 706(a) of the Tariff Act of 1930, as amended, and 19 CFR 351.211(b). Dated: April 20, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–08635 Filed 4–23–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration DEPARTMENT OF COMMERCE International Trade Administration [A–570–131, C–570–132] [A–570–141] Twist Ties From the People’s Republic of China: Antidumping and Countervailing Duty Orders; Correction Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice; correction. AGENCY: The Department of Commerce (Commerce) published a notice in the Federal Register of April 14, 2021, regarding the antidumping duty (AD) and countervailing duty (CVD) orders on twist ties from the People’s Republic of China (China). This notice contained the incorrect name of one of the companies subject to the CVD order. FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1993. SUPPLEMENTARY INFORMATION: SUMMARY: Correction In the Federal Register of April 14, 2021, in FR Doc 2021–07630, on page 19604, in the second column, correct the name of the fifth company listed in the ‘‘Company’’ table to be Zhenjiang Zhonglian I/E Co., Ltd. Background On April 14, 2021, Commerce published in the Federal Register the AD and CVD orders on twist ties from China.1 We misspelled the name of the fifth company in the ‘‘Company’’ table subject to the CVD order as Zhenjiang Zhonglian VE Co., Ltd. The correct 1 See Twist Ties from the People’s Republic of China: Antidumping and Countervailing Duty Orders, 86 FR 19602 (April 14, 2021). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Certain Walk-Behind Snow Throwers and Parts Thereof From the People’s Republic of China: Initiation of LessThan-Fair-Value Investigation 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. AGENCY: SUPPLEMENTARY INFORMATION: The Petition On March 30, 2021, the Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of certain walkbehind 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 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 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. E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Notices]
[Pages 22022-22026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08633]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-142]


Certain Walk-Behind Snow Throwers and Parts Thereof From the 
People's Republic of China: Initiation of Countervailing Duty 
Investigation

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

DATES: Applicable April 19, 2021.

FOR FURTHER INFORMATION CONTACT: Alex Cipolla or Kate Sliney, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4956 or (202) 482-0324, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On March 30, 2021, the Department of Commerce (Commerce) received a 
countervailing duty (CVD) 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).\1\ The Petition was accompanied by 
an antidumping duty (AD) petition concerning imports of snow throwers 
from China.
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Certain Walk-Behind Snow Throwers 
and Parts Thereof from the People's Republic of China: Petitions for 
the Imposition of Antidumping and Countervailing Duties,'' dated 
March 30, 2021 (the Petition).
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    Between April 1 and 9, 2021, Commerce requested supplemental 
information pertaining to certain aspects of the Petition in separate 
supplemental questionnaires and a phone call with the petitioner.\2\ On 
April 7 and 13, 2021, the petitioner filed timely responses to these 
requests for additional information.\3\
---------------------------------------------------------------------------

    \2\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Certain Walk-Behind Snow 
Throwers and Parts Thereof from the People's Republic of China: 
Supplemental Questions,'' dated April 1, 2021; ``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); and Memorandum, ``Phone Call 
with Counsel to the Petitioner,'' dated April 9, 2021 (Phone Call 
with Petitioner's Counsel).
    \3\ 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: Supplemental 
Questionnaire Response Volume III,'' dated April 7, 2021; 
``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); 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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[[Page 22023]]

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of snow throwers in 
China and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing snow throwers in 
the United States. Consistent with section 702(b)(1) of the Act and 19 
CFR 351.202(b), for those alleged programs on which we are initiating a 
CVD investigation, the Petition is supported by information reasonably 
available to the petitioner.
    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 with respect to the 
initiation of the requested CVD investigation.\4\
---------------------------------------------------------------------------

    \4\ See ``Determination of Industry Support for the Petition'' 
section, infra.
---------------------------------------------------------------------------

Period of Investigation

    Because the Petition was filed on March 30, 2021, the period of 
investigation is January 1, 2020, through December 31, 2020.\5\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

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 Scope of the Investigation

    On April 2 and 9, 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.
---------------------------------------------------------------------------

    \6\ See General Issues Supplemental 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.
---------------------------------------------------------------------------

    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,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope 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.
---------------------------------------------------------------------------

    \8\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b). Commerce's practice dictates that 
where a deadline falls on a weekend or Federal holiday, the 
appropriate deadline is the next business day (in this instance, 
February 22, 2021). 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).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time 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 comments must also be 
filed on the record of the concurrent AD investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\11\ An electronically filed document must be 
received successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \11\ 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 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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Consultations

    Pursuant to section 702(b)(4)(A)(ii) of the Act, on March 31, 2021, 
we invited representatives of the GOC for consultations with respect to 
the CVD petition. We held the consultations via a conference call on 
April 13, 2021.\12\
---------------------------------------------------------------------------

    \12\ See Memorandum, ``Petition for the Imposition of 
Countervailing Duties on Imports of Certain Walk-Behind Snow 
Throwers and Parts Thereof from the People's Republic of China: 
Consultations with Officials from the Government of China,'' dated 
April 13, 2021.
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(1) 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 702(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,\13\ 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

[[Page 22024]]

differences do not render the decision of either agency contrary to 
law.\14\
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    \13\ See section 771(10) of the Act.
    \14\ 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)).
---------------------------------------------------------------------------

    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.\15\ 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.\16\
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    \15\ 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.
    \16\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Countervailing 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 CVD 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).
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(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.\17\ 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.\18\ The petitioner compared 
its shipments to the estimated total 2020 shipments of the domestic 
like product for the entire domestic industry.\19\ We relied on data 
provided by the petitioner for purposes of measuring industry 
support.\20\
---------------------------------------------------------------------------

    \17\ See Second General Issues Supplement at 2 and Exhibit SSI-
2.
    \18\ 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.
    \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.
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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.\21\ 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).\22\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(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.\23\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(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.\24\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\25\
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    \21\ See CVD Initiation Checklist at Attachment II.
    \22\ Id.; see also section 702(c)(4)(D) of the Act.
    \23\ See China CVD Initiation Checklist at Attachment II.
    \24\ Id.
    \25\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the imports of the subject merchandise 
are benefitting from countervailable subsidies and that such imports 
are causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\26\
---------------------------------------------------------------------------

    \26\ See Petition at Volume I at 22-23 and Exhibit I-8; see also 
General Issues Supplement at 9.
---------------------------------------------------------------------------

    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.\27\ We 
assessed the 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.\28\
---------------------------------------------------------------------------

    \27\ 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.
    \28\ See CVD 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).
---------------------------------------------------------------------------

Initiation of CVD Investigation

    Based upon our examination of the Petition and supplemental 
responses, we find that the Petition meets the requirements of section 
702 of the Act. Therefore, we are initiating a CVD investigation to 
determine whether imports of snow throwers from China benefit from 
countervailable subsidies conferred by the GOC. Based on our review of 
the Petition, we find that there is sufficient information to initiate 
a CVD investigation on all but one of the alleged programs. For a full 
discussion of the basis for our decision to initiate on each program, 
see China CVD Initiation Checklist. The initiation checklist for this 
investigation is available on ACCESS. In accordance with section 
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary

[[Page 22025]]

determination no later than 65 days after the date of this initiation.

Respondent Selection

    The petitioner named 36 companies in China as producers/exporters 
of snow throwers.\29\ Commerce intends to follow its standard practice 
in CVD investigations and calculate company-specific subsidy rates in 
this investigation. In the event Commerce determines that the number of 
companies is large and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on U.S. Customs and Border 
Protection (CBP) entry data for U.S. imports under the appropriate 
Harmonized Tariff Schedule of the United States (HTSUS) numbers listed 
in the ``Scope of the Investigation,'' in the appendix.
---------------------------------------------------------------------------

    \29\ See Petition at Volume I at Exhibit I-5.
---------------------------------------------------------------------------

    On April 19, 2021, Commerce released CBP data on imports of snow 
throwers from China under administrative protective order (APO) to all 
parties with access to information protected by APO and indicated that 
interested parties wishing to comment on the CBP data must do so within 
three business days of the publication date of the notice of initiation 
of this investigation.\30\ We further stated that we will not accept 
rebuttal comments. Interested parties must submit applications for 
disclosure under 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.
---------------------------------------------------------------------------

    \30\ See Memorandum, ``Countervailing Duty Petition on Certain 
Walk-Behind Snow Throwers and Parts Thereof from the People's 
Republic of China: Release of U.S. Customs and Border Protection 
Entry Data,'' dated April 19, 2021.
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    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 date noted above. 
Commerce intends to finalize its decisions regarding respondent 
selection within 20 days of publication of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC 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 its initiation, as required by 
section 702(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.\31\ A 
negative ITC determination will result in the investigation being 
terminated.\32\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \31\ See section 703(a)(1) of the Act.
    \32\ 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 \33\ 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.\34\ 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.
---------------------------------------------------------------------------

    \33\ See 19 CFR 351.301(b).
    \34\ 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.\35\ 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, Commerce 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 extension requests or factual information in 
this investigation.\36\
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    \35\ See 19 CFR 351.302.
    \36\ See 19 CFR 351; see also 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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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\37\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\38\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \37\ See section 782(b) of the Act.
    \38\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305. 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of document submission procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).\39\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\40\
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    \39\ See Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008).
    \40\ 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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[[Page 22026]]

    This notice is issued and published pursuant to sections 702 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. 2021-08633 Filed 4-23-21; 8:45 am]
BILLING CODE 3510-DS-P

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