Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 27384-27387 [2021-10674]

Download as PDF 27384 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For WalkBehind Power Lawn Mowers under 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small nonroad spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means, at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A cutting deck shell is the portion of the lawn mower— typically of aluminum or steel—that houses and protects a user from a rotating blade. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to these investigations may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 VI. Vietnam-Wide Rate VII. Changes Since the Preliminary Determination VIII. Discussion of the Issues Comment 1: Surrogate Value for Drive Rod Comment 2: Surrogate Value for Rear Cover Shaft Comment 3: Surrogate Value for Side Deflector Pole Comment 4: Surrogate Value for Blade Adapter Comment 5: Surrogate Value for Blade Washer IX. Recommendation [FR Doc. 2021–10672 Filed 5–19–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–129] Certain Walk-Behind Lawn Mowers and Parts Thereof From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2019, through March 31, 2020. AGENCY: DATES: Applicable May 20, 2021. Fred Baker or Marc Castillo, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2924 or (202) 482–0519, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On December 30, 2020, Commerce published its Preliminary Determination of sales at LTFV of lawn mowers from China.1 For a complete description of the events that followed the Preliminary 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 86529 (December 30, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 Determination, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. Scope Comments On December 22, 2020, Commerce issued the Preliminary Scope Decision Memorandum in which it determined to modify the language of the scope by excluding from the scope of these investigations lawnmowers that contain an engine covered by the scope of the ongoing AD and CVD proceedings on small vertical engines from China to address the overlap in the scopes of these proceedings.3 Subsequently, we received comments from interested parties regarding the Preliminary Scope Decision Memorandum; we address these comments in the Final Scope Decision Memorandum.4 As a result of our analysis, the scope of the investigation, as contained in the Preliminary Scope Decision Memorandum, remains unchanged. Scope of the Investigation The products covered by this investigation are certain walk-behind lawn mowers and parts thereof from the People’s Republic of China. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Antidumping Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Lawn Mowers from the People’s Republic of China and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 22, 2020 (Preliminary Scope Decision Memorandum), uploaded to ACCESS on February 9, 2021. 4 See Memorandum, ‘‘Antidumping Duty and Countervailing Duty Investigations of Certain WalkBehind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Scope Comments Decision Memorandum for the Final Determinations,’’ dated concurrently with this memorandum (Final Scope Decision Memorandum). E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).5 the margin for separate rate companies.6 Thus, there is no basis to reconsider our preliminary determinations with respect to separate rate status, and we have continued to grant these parties a separate rate in this final determination. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. China-Wide Entity Rate and the Use of Adverse Facts Available Separate Rate Companies No party commented on our preliminary separate rate determinations with respect to the mandatory respondent and the nonindividually examined companies, or on the methodology applied to calculate Commerce continues to find that the use of facts available is warranted in determining the rate for the China-wide entity pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Act. As discussed in the Issues and Decision Memorandum, Commerce finds that the use of adverse facts available (AFA) is warranted with respect to the China-wide entity because the China-wide entity did not cooperate to the best of its ability to comply with our requests for information and, accordingly, we applied adverse 27385 inferences in selecting from the facts available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a). For the final determination, as AFA, we are assigning to the China-wide entity a rate of 274.29 percent, which is a rate from the Petition.7 We find this rate to be corroborated in accordance with section 776(c) of the Act.8 Combination Rates Consistent with the Preliminary Determination and Policy Bulletin 05.1,9 Commerce calculated combination (producer/exporter) rates for the respondents that are eligible for a separate rate in this investigation. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: Estimated weighted-average dumping margin (percent) Producer Exporter Ningbo Daye Garden Machinery Co., Ltd ............ Chongqing Dajiang Power Equipment Co., Ltd ... MTD Machinery (Suzhou) Co., Ltd ....................... Qianjiang Group Wenling Jennfeng Industry Inc Sumec Hardware & Tools Co., Ltd ...................... Zhejiang KC Mechanical & Electrical Co., Ltd ..... Zhejiang Dobest Power Tools Co., Ltd ................ Zhejiang Dobest Power Tools Co., Ltd ................ Zhejiang YAT Electrical Appliance Co., Ltd ......... Zhejiang Zhongjian Technology Co., Ltd ............. China-Wide Entity ................................................. Ningbo Daye Garden Machinery Co., Ltd ............ Chongqing Dajiang Power Equipment Co., Ltd ... MTD Machinery (Suzhou) Co., Ltd ...................... Sumec Hardware & Tools Co., Ltd ...................... Sumec Hardware & Tools Co., Ltd ...................... Sumec Hardware & Tools Co., Ltd ...................... Zhejiang Amerisun Technology Co., Ltd .............. Zhejiang Dobest Power Tools Co., Ltd ................ Zhejiang YAT Electrical Appliance Co., Ltd ......... Zhejiang Zhongjian Technology Co., Ltd ............. ............................................................................... 98.73 98.73 98.73 98.73 98.73 98.73 98.73 98.73 98.73 98.73 274.29 Cash deposit rate (adjusted for subsidy offsets) (percent) 88.14 88.17 88.17 88.17 88.17 88.17 88.17 88.17 88.17 88.17 263.75 In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of lawn mowers from China, as described in the appendix to this notice, which were entered, or withdrawn from warehouse, for consumption on or after December 30, 2020, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the weightedaverage amount by which the normal value exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/ producer combinations listed in the table above will be the rate identified in the table; (2) for all combinations of Chinese exporters/producers of subject merchandise that have not received their own separate rate above, the cash deposit rate will be the cash deposit rate established for the China-wide entity; and (3) for all non-Chinese exporters of subject merchandise which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/producer combination that supplied that non-Chinese exporter. These suspension of liquidation instructions will remain in effect until further notice. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted—average dumping 5 See Commerce’s Letter, dated February 26, 2021; see also Ningbo Daye Letter, ‘‘Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China, Case No. A–570–129: Response to Questions 1–4 of Questionnaire in Lieu of Verification,’’ dated March 8, 2021; ‘‘Certain WalkBehind Lawn Mowers and Parts Thereof from the People’s Republic of China, Case No. A–570–129: Response to Questionnaire in Lieu of Verification,’’ dated March 8, 2021. 6 See Preliminary Determination PDM at 10–15. 7 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping Duties on Certain WalkBehind Lawn Mowers from the People’s Republic of China and the Socialist Republic of Vietnam and Countervailing Duties on Certain Walk-Behind Lawn Mowers from the People’s Republic of China,’’ dated May 26, 2020; and Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Certain Walk-Behind Lawn Mowers from the People’s Republic of China: Supplemental Questionnaire Response Volume II,’’ dated June 2, 2020 at Exhibit S–II–6. 8 See Issues and Decision Memorandum. 9 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at https://enforcement.trade.gov/policy/bull05-1.pdf. Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 27386 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce makes an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated weighted-average dumping margin by the appropriate rates. In this final determination, we have determined that parties have not met the criteria to qualify for a domestic pass-through adjustment.10 However, we have continued to adjust the cash deposit rates for Ningbo Daye, all nonindividually-examined companies, and the China-wide entity for export subsidies found in the companion CVD investigation by the appropriate export subsidy rates 11 as indicated in the above chart. However, suspension of liquidation of provisional measures in the companion CVD case has been discontinued effective February 27, 2021; 12 therefore, we are not instructing CBP to collect cash deposits based upon the adjusted estimated weighted-average dumping margin for those export subsidies at this time. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of subject merchandise from China no later than 45 days after our final 10 See Memorandum, ‘‘Antidumping Duty Investigation of Certain Walk-Behind Lawn Mowers from the People’s Republic of China; PostPreliminary Determination,’’ dated February 11, 2021 at 3; Issues and Decision Memorandum at ‘‘Adjustment under Section 777A(f) of the Act.’’ 11 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, dated concurrently with this notice. 12 See instructions issued to CBP, Message Number 1060404, dated 03/01/2021, publicly available at https://aceservices.cbp.dhs.gov/ adcvdweb/#. VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: May 14, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. Appendix I—Scope of the Investigation The merchandise covered by this investigation consists of certain rotary walkbehind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of this investigation covers certain walk-behind lawn mowers, whether self-propelled or nonself-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For WalkBehind Power Lawn Mowers under 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small nonroad spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means, at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A cutting deck shell is the portion of the lawn mower— typically of aluminum or steel—that houses and protects a user from a rotating blade. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to this investigation may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. China-Wide Rate VII. Adjustment Under Section 777A(f) of the Act VIII. Adjustments to Cash Deposit Rates for Export Subsidies IX. Changes Since the Preliminary Determination X. Discussion of the Issues Comment 1: Financial Statements Comment 2: Global Trade Atlas (GTA) Data from Turkey Comment 3: Surrogate Value for Grass Catcher Bags E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices Comment 4: Movement Expense Adjustments to Import Statistics Comment 5: Surrogate Value for Triangle Belt Comment 6: Ministerial Errors Comment 7: Close-Supplier Relationship Comment 8: Due Process Comment 9: Assignment of Fujian Spring to the China-Wide Entity XI. Recommendation [FR Doc. 2021–10674 Filed 5–19–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Conference on Weights and Measures 106th Annual Meeting National Institute of Standards and Technology, Commerce. ACTION: Notice. AGENCY: The 106th Annual Meeting of the National Conference on Weights and Measures (NCWM) will be held using a combined video conferencing platform for on-line attendance, and in-person at the Hyatt Regency Rochester in Rochester, New York, from Sunday, July 18, 2021, through Friday, July 23, 2021. This notice contains information about significant items on the NCWM Committee agendas but does not include all agenda items. As a result, the items are not consecutively numbered. DATES: The 106th Annual Meeting will be held from Sunday, July 18, 2021, through Friday, July 23, 2021. The meeting schedule will be available on the NCWM website at www.ncwm.com. ADDRESSES: This meeting will be held using a combined video conferencing (virtual) platform and in-person at the Hyatt Regency Rochester, 125 E Main St., Rochester, New York 14604. FOR FURTHER INFORMATION CONTACT: Dr. Douglas Olson, NIST, Office of Weights and Measures (OWM), 100 Bureau Drive, Stop 2600, Gaithersburg, MD 20899–2600. You may also contact Dr. Olson at (301) 975–2956 or by email at douglas.olson@nist.gov. The meeting is open to the public, but a paid registration is required. Please see the NCWM website (www.ncwm.com) to view the meeting agendas, registration forms, and hotel reservation information. SUMMARY: SUPPLEMENTARY INFORMATION: Publication of this notice on the NCWM’s behalf is undertaken as a public service and does not itself constitute an endorsement by the National Institute of Standards and Technology (NIST) of the content of the VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 notice. NIST participates in the NCWM as an NCWM member and pursuant to 15 U.S.C. 272(b)(10) and (c)(4) and in accordance with Federal policy (e.g., OMB Circular A–119 ‘‘Federal Participation in the Development and Use of Voluntary Consensus Standards’’). The NCWM is an organization of weights and measures officials of the states, counties, and cities of the United States, and representatives from the private sector and federal regulatory agencies. These meetings can bring these government officials together with representatives of business, industry, trade associations, and consumer organizations to discuss proposed laws and regulations and other subjects related to the field of weights and measures technology, administration, and enforcement. NIST hosted the first meeting of the NCWM in 1905. Since then, the conference has provided a model of cooperation between Federal, State, and local governments and the private sector. NIST participates to encourage cooperation between federal agencies and the states in the development of legal metrology requirements. NIST also promotes uniformity in state laws, regulations, and testing procedures used in the regulatory control of commercial weighing and measuring devices, packaged goods, and for other trade and commerce issues. The NCWM has established multiple Committees, Task Groups, and other working bodies to address legal metrology issues of interest to regulatory officials, industry, consumers, and others. The following are brief descriptions of some of the significant agenda items that will be considered by some of the NCWM Committees at the NCWM Annual Meeting. Comments will be taken on these and other issues during several public comment sessions. At this stage, the items are proposals. This meeting will also have a voting session to ratify results of the 105th NCWM Annual Meeting virtual Vote. 85 FR 77170 (Dec. 1, 2020). The NCWM was unable to conduct an in-person meeting due to the COVID–19 pandemic and therefore held the 105th Annual Meeting using a video conferencing platform. Under the NCWM Bylaws and Roberts Rules of Order in effect at the time of the 105th NCWM Annual Meeting, items approved by a virtual vote are effective upon ratification at the next in-person meeting. NCWM petitioned the District Court of Lancaster County, Nebraska and received a court order allowing conducting virtual votes to ratify the results of the 105th NCWM Annual PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 27387 Meeting and to conduct virtual votes of all items of the 106th Annual Meeting. These notices are intended to make interested parties aware of these development projects and to make them aware that reports on the status of the project will be given at the 2021 Annual Meeting. The notices are also presented to invite the participation of manufacturers, experts, consumers, users, and others who may be interested in these efforts. The Specifications and Tolerances Committee (S&T Committee) will consider proposed amendments to NIST Handbook 44, ‘‘Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices’’ (NIST HB 44). Those items address weighing and measuring devices used in commercial applications, that is, devices that are used to buy from or sell to the public or used for determining the quantity of products or services sold among businesses. Issues on the agenda of the NCWM Laws and Regulations Committee (L&R Committee) relate to proposals to amend NIST Handbook 130, ‘‘Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality’’ (NIST HB 130) and NIST Handbook 133, ‘‘Checking the Net Contents of Packaged Goods’’ (NIST HB 133). NCWM S&T Committee (S&T 106th Annual Meeting) The following items are proposals to amend NIST HB 44: Block 2 Items (B2) Define True Value for Use in Error Calculations BLK–2: (SCL–20.3, SCL–20.4, SCL–20.5, SCL–20.6, SCL–20.7, and SCL–20.8) The S&T Committee will further consider a proposal that has been designated as an ‘‘Assigned’’ item, meaning that further development will be done by a Task Group formed by the NCWM. The Task Group assigned to this item has submitted a ‘‘Final Report’’ to the Committee; however, the Task Group noted also that the report may benefit from further vetting. This ‘‘block’’ proposal includes six individual items related to the application of requirements based on that application to either ‘‘e’’ (the verification scale division) or ‘‘d’’ (the minimum scale division). Adoption of this proposal will have a significant effect on the regulation of scales, particularly where the values of ‘‘e’’ and ‘‘d’’ are not equal. E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Notices]
[Pages 27384-27387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10674]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-129]


Certain Walk-Behind Lawn Mowers and Parts Thereof From the 
People's Republic of China: Final Affirmative Determination of Sales at 
Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of certain walk-behind lawn mowers and parts thereof (lawn mowers) from 
the People's Republic of China (China) are being, or are likely to be, 
sold in the United States at less than fair value (LTFV). The period of 
investigation is October 1, 2019, through March 31, 2020.

DATES: Applicable May 20, 2021.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Marc Castillo, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-0519, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 30, 2020, Commerce published its Preliminary 
Determination of sales at LTFV of lawn mowers from China.\1\ For a 
complete description of the events that followed the Preliminary 
Determination, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Certain Walk-Behind Lawn Mowers and Parts Thereof from 
the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 85 FR 
86529 (December 30, 2020) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Antidumping Investigation of Certain 
Walk-Behind Lawn Mowers and Parts Thereof from the People's Republic 
of China,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/.

Scope Comments

    On December 22, 2020, Commerce issued the Preliminary Scope 
Decision Memorandum in which it determined to modify the language of 
the scope by excluding from the scope of these investigations 
lawnmowers that contain an engine covered by the scope of the ongoing 
AD and CVD proceedings on small vertical engines from China to address 
the overlap in the scopes of these proceedings.\3\ Subsequently, we 
received comments from interested parties regarding the Preliminary 
Scope Decision Memorandum; we address these comments in the Final Scope 
Decision Memorandum.\4\ As a result of our analysis, the scope of the 
investigation, as contained in the Preliminary Scope Decision 
Memorandum, remains unchanged.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Antidumping and Countervailing Duty 
Investigations of Lawn Mowers from the People's Republic of China 
and the Socialist Republic of Vietnam: Preliminary Scope Decision 
Memorandum,'' dated December 22, 2020 (Preliminary Scope Decision 
Memorandum), uploaded to ACCESS on February 9, 2021.
    \4\ See Memorandum, ``Antidumping Duty and Countervailing Duty 
Investigations of Certain Walk-Behind Lawn Mowers and Parts Thereof 
from the People's Republic of China and the Socialist Republic of 
Vietnam: Scope Comments Decision Memorandum for the Final 
Determinations,'' dated concurrently with this memorandum (Final 
Scope Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are certain walk-behind 
lawn mowers and parts thereof from the People's Republic of China. For 
a complete description of the scope of this investigation, see Appendix 
I.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation.

[[Page 27385]]

However, we took additional steps in lieu of an on-site verification to 
verify the information relied upon in making this final determination, 
in accordance with section 782(i) of the Tariff Act of 1930, as amended 
(the Act).\5\
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, dated February 26, 2021; see also 
Ningbo Daye Letter, ``Certain Walk-Behind Lawn Mowers and Parts 
Thereof from the People's Republic of China, Case No. A-570-129: 
Response to Questions 1-4 of Questionnaire in Lieu of 
Verification,'' dated March 8, 2021; ``Certain Walk-Behind Lawn 
Mowers and Parts Thereof from the People's Republic of China, Case 
No. A-570-129: Response to Questionnaire in Lieu of Verification,'' 
dated March 8, 2021.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
A list of the issues raised in the Issues and Decision Memorandum is 
attached to this notice as Appendix II.

Separate Rate Companies

    No party commented on our preliminary separate rate determinations 
with respect to the mandatory respondent and the non-individually 
examined companies, or on the methodology applied to calculate the 
margin for separate rate companies.\6\ Thus, there is no basis to 
reconsider our preliminary determinations with respect to separate rate 
status, and we have continued to grant these parties a separate rate in 
this final determination.
---------------------------------------------------------------------------

    \6\ See Preliminary Determination PDM at 10-15.
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China-Wide Entity Rate and the Use of Adverse Facts Available

    Commerce continues to find that the use of facts available is 
warranted in determining the rate for the China-wide entity pursuant to 
sections 776(a)(1) and (a)(2)(A)-(C) of the Act. As discussed in the 
Issues and Decision Memorandum, Commerce finds that the use of adverse 
facts available (AFA) is warranted with respect to the China-wide 
entity because the China-wide entity did not cooperate to the best of 
its ability to comply with our requests for information and, 
accordingly, we applied adverse inferences in selecting from the facts 
available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a). 
For the final determination, as AFA, we are assigning to the China-wide 
entity a rate of 274.29 percent, which is a rate from the Petition.\7\ 
We find this rate to be corroborated in accordance with section 776(c) 
of the Act.\8\
---------------------------------------------------------------------------

    \7\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping Duties on Certain Walk-Behind Lawn Mowers from the 
People's Republic of China and the Socialist Republic of Vietnam and 
Countervailing Duties on Certain Walk-Behind Lawn Mowers from the 
People's Republic of China,'' dated May 26, 2020; and Petitioner's 
Letter, ``Petitions for the Imposition of Antidumping Duties on 
Imports of Certain Walk-Behind Lawn Mowers from the People's 
Republic of China: Supplemental Questionnaire Response Volume II,'' 
dated June 2, 2020 at Exhibit S-II-6.
    \8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Combination Rates

    Consistent with the Preliminary Determination and Policy Bulletin 
05.1,\9\ Commerce calculated combination (producer/exporter) rates for 
the respondents that are eligible for a separate rate in this 
investigation.
---------------------------------------------------------------------------

    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

----------------------------------------------------------------------------------------------------------------
                                                                                               Cash deposit rate
                                                                          Estimated weighted-    (adjusted for
                 Producer                             Exporter              average dumping    subsidy offsets)
                                                                           margin (percent)        (percent)
----------------------------------------------------------------------------------------------------------------
Ningbo Daye Garden Machinery Co., Ltd.....  Ningbo Daye Garden Machinery               98.73               88.14
                                             Co., Ltd.
Chongqing Dajiang Power Equipment Co., Ltd  Chongqing Dajiang Power                    98.73               88.17
                                             Equipment Co., Ltd.
MTD Machinery (Suzhou) Co., Ltd...........  MTD Machinery (Suzhou) Co.,                98.73               88.17
                                             Ltd.
Qianjiang Group Wenling Jennfeng Industry   Sumec Hardware & Tools Co.,                98.73               88.17
 Inc.                                        Ltd.
Sumec Hardware & Tools Co., Ltd...........  Sumec Hardware & Tools Co.,                98.73               88.17
                                             Ltd.
Zhejiang KC Mechanical & Electrical Co.,    Sumec Hardware & Tools Co.,                98.73               88.17
 Ltd.                                        Ltd.
Zhejiang Dobest Power Tools Co., Ltd......  Zhejiang Amerisun Technology               98.73               88.17
                                             Co., Ltd.
Zhejiang Dobest Power Tools Co., Ltd......  Zhejiang Dobest Power Tools                98.73               88.17
                                             Co., Ltd.
Zhejiang YAT Electrical Appliance Co., Ltd  Zhejiang YAT Electrical                    98.73               88.17
                                             Appliance Co., Ltd.
Zhejiang Zhongjian Technology Co., Ltd....  Zhejiang Zhongjian                         98.73               88.17
                                             Technology Co., Ltd.
China-Wide Entity.........................  ............................              274.29              263.75
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of the notice of final 
determination in the Federal Register, in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of lawn mowers from 
China, as described in the appendix to this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after December 30, 
2020, the date of publication of the Preliminary Determination of this 
investigation in the Federal Register. Pursuant to section 
735(c)(1)(B)(ii) of the Act, upon the publication of this notice, 
Commerce will instruct CBP to require a cash deposit equal to the 
weighted-average amount by which the normal value exceeds U.S. price as 
follows: (1) The cash deposit rate for the exporter/producer 
combinations listed in the table above will be the rate identified in 
the table; (2) for all combinations of Chinese exporters/producers of 
subject merchandise that have not received their own separate rate 
above, the cash deposit rate will be the cash deposit rate established 
for the China-wide entity; and (3) for all non-Chinese exporters of 
subject merchandise which have not received their own separate rate 
above, the cash deposit rate will be the cash deposit rate applicable 
to the Chinese exporter/producer combination that supplied that non-
Chinese exporter. These suspension of liquidation instructions will 
remain in effect until further notice.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted--average dumping

[[Page 27386]]

margin by the amount of domestic subsidy pass-through and export 
subsidies determined in a companion countervailing duty (CVD) 
proceeding when CVD provisional measures are in effect. Accordingly, 
where Commerce makes an affirmative determination for domestic subsidy 
pass-through or export subsidies, Commerce offsets the calculated 
estimated weighted-average dumping margin by the appropriate rates. In 
this final determination, we have determined that parties have not met 
the criteria to qualify for a domestic pass-through adjustment.\10\ 
However, we have continued to adjust the cash deposit rates for Ningbo 
Daye, all non-individually-examined companies, and the China-wide 
entity for export subsidies found in the companion CVD investigation by 
the appropriate export subsidy rates \11\ as indicated in the above 
chart. However, suspension of liquidation of provisional measures in 
the companion CVD case has been discontinued effective February 27, 
2021; \12\ therefore, we are not instructing CBP to collect cash 
deposits based upon the adjusted estimated weighted-average dumping 
margin for those export subsidies at this time.
---------------------------------------------------------------------------

    \10\ See Memorandum, ``Antidumping Duty Investigation of Certain 
Walk-Behind Lawn Mowers from the People's Republic of China; Post-
Preliminary Determination,'' dated February 11, 2021 at 3; Issues 
and Decision Memorandum at ``Adjustment under Section 777A(f) of the 
Act.''
    \11\ See Certain Walk-Behind Lawn Mowers and Parts Thereof from 
the People's Republic of China: Final Affirmative Countervailing 
Duty Determination, dated concurrently with this notice.
    \12\ See instructions issued to CBP, Message Number 1060404, 
dated 03/01/2021, publicly available at https://aceservices.cbp.dhs.gov/adcvdweb/#.
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order (APO), without the written consent of the Assistant 
Secretary for Enforcement and Compliance. Because the final 
determination in this proceeding is affirmative, in accordance with 
section 735(b)(2) of the Act, the ITC will make its final determination 
as to whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports of 
subject merchandise from China no later than 45 days after our final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an AD order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a violation 
subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: May 14, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation consists of 
certain rotary walk-behind lawn mowers, which are grass-cutting 
machines that are powered by internal combustion engines. The scope 
of this investigation covers certain walk-behind lawn mowers, 
whether self-propelled or non-self-propelled, whether finished or 
unfinished, whether assembled or unassembled, and whether containing 
any additional features that provide for functions in addition to 
mowing.
    Walk-behind lawn mowers within the scope of this investigation 
are only those powered by an internal combustion engine with a power 
rating of less than 3.7 kilowatts. These internal combustion engines 
are typically spark ignition, single or multiple cylinder, air 
cooled, internal combustion engines with vertical power take off 
shafts with a maximum displacement of 196cc. Walk-behind lawn mowers 
covered by this scope typically must be certified and comply with 
the Consumer Products Safety Commission Safety Standard For Walk-
Behind Power Lawn Mowers under 16 CFR part 1205. However, lawn 
mowers that meet the physical descriptions above, but are not 
certified under 16 CFR part 1205 remain subject to the scope of this 
proceeding.
    The internal combustion engines of the lawn mowers covered by 
this scope typically must comply with and be certified under 
Environmental Protection Agency air pollution controls title 40, 
chapter I, subchapter U, part 1054 of the Code of Federal 
Regulations standards for small non-road spark-ignition engines and 
equipment. However, lawn mowers that meet the physical descriptions 
above but that do not have engines certified under 40 CFR part 1054 
or other parts of subchapter U remain subject to the scope of this 
proceeding.
    For purposes of this investigation, an unfinished and/or 
unassembled lawn mower means, at a minimum, a sub-assembly comprised 
of an engine and a cutting deck shell attached to one another. A 
cutting deck shell is the portion of the lawn mower--typically of 
aluminum or steel--that houses and protects a user from a rotating 
blade. Importation of the subassembly whether or not accompanied by, 
or attached to, additional components such as a handle, blade(s), 
grass catching bag, or wheel(s) constitute an unfinished lawn mower 
for purposes of this investigation. The inclusion in a third country 
of any components other than the mower subassembly does not remove 
the lawn mower from the scope. Lawn mowers that meet the physical 
description above are covered by the scope of this investigation 
regardless of the origin of its engine, unless such lawn mowers 
contain an engine that is covered by the scope of the ongoing 
proceedings on certain vertical shaft engines between 99cc and up to 
225cc, and parts thereof (small vertical engines) from China. If the 
proceedings on small vertical engines from China are terminated, the 
lawn mowers containing small vertical engines from China will be 
covered by the scope of this proceeding.
    The lawn mowers subject to this investigation are typically at 
subheading: 8433.11.0050. Lawn mowers subject to this investigation 
may also enter under Harmonized Tariff Schedule of the United States 
(HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are 
provided for convenience and customs purposes only, and the written 
description of the merchandise under investigation is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. China-Wide Rate
VII. Adjustment Under Section 777A(f) of the Act
VIII. Adjustments to Cash Deposit Rates for Export Subsidies
IX. Changes Since the Preliminary Determination
X. Discussion of the Issues
    Comment 1: Financial Statements
    Comment 2: Global Trade Atlas (GTA) Data from Turkey
    Comment 3: Surrogate Value for Grass Catcher Bags

[[Page 27387]]

    Comment 4: Movement Expense Adjustments to Import Statistics
    Comment 5: Surrogate Value for Triangle Belt
    Comment 6: Ministerial Errors
    Comment 7: Close-Supplier Relationship
    Comment 8: Due Process
    Comment 9: Assignment of Fujian Spring to the China-Wide Entity
XI. Recommendation

[FR Doc. 2021-10674 Filed 5-19-21; 8:45 am]
BILLING CODE 3510-DS-P
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