Walk-Behind Lawn Mowers From China and Vietnam, 36304-36305 [2021-14649]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 36304 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 6, 2021, ordered that — (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) Whether there is a violation of subsection (a)(1)(C) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of the Asserted Trademarks, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (b) whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, or in the sale of certain products identified in paragraph (2), by reason of false designation of source or trademark dilution, the threat or effect of which is to destroy or substantially injure an industry in the United States; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘casual footwear with holes in the upper and such footwear’s packaging’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Crocs, Inc., 13601 Via Varra, Broomfield, Colorado 80020. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Cape Robbin Inc., 1943 West Mission Blvd., Bldg. F, Pomona, CA 91766 VerDate Sep<11>2014 17:01 Jul 08, 2021 Jkt 253001 Bijora, Inc., d/b/a Akira, 200 N Fairfield Ave., Chicago, IL 60612 Dr. Leonard’s Healthcare Corp. d/b/a Carol Wright, 100 Nixon Ln., Edison, NJ 08837 Crocsky, 1401 Lavaca St., Austin, TX 78701 Fullbeauty Brands Inc. d/b/a Kingsize, 1 New York Plaza, New York, NY 10004 Hawkins Footwear, Sports, Military & Dixie Store, 6083 New Jesup Hwy., Suite J, Brunswick, GA 31523 Hobibear Shoes and Clothing Ltd., 173 N 17th Ct., Brighton, CO 80601 Hobby Lobby Stores, Inc., 707 SW 44th St., Oklahoma City, OK 73179 Ink Tee, 811 Wilshire Blvd., Los Angeles, CA 90017 La Modish Boutique, 1773 W San Bernardino Rd., Suite B25, West Covina, CA 91790 Legend Footwear, Inc., d/b/a Wild Diva, 19445 E Walnut Drive North, City of Industry, CA 91789 Loeffler Randall Inc., 588 Broadway, Ste. 1203, New York, NY 10012 Maxhouse Rise Ltd., Flat A, 25/F, United Centre, 95 Queensway, Hong Kong PW Shoes, Inc. a/k/a P&W, 5830 Grand Ave., 3a, Maspeth, NY 11378 SG Footwear Meser Grp. Inc. a/k/a S. Goldberg & Co., 3 University Plz #400, Hackensack, NJ 07601 Shoe-Nami, Inc., 91 Westbank Expressway, Gretna, LA 70053 Skechers USA, Inc., 228 Manhattan Beach Blvd., Manhattan Beach, CA 90266 Star Bay Group Inc., 390–400 Railroad Ave., Hackensack, NJ 07601 Yoki Fashion International LLC, 1410 Broadway, Suite 1005, New York, NY 10018 Quanzhou ZhengDe Network Corp., d/b/a Amoji, Rm. C–409, No. 2 YanZhi Gallery, Licheng District, Quanzhou, Fujian Province, China 362002 718 Closeouts, 1181 Liberty Ave., Brooklyn, NY 11208 Royal Deluxe Accessories, LLC, 165 Spring St., New Providence, NJ 07974 Fujian Huayuan Well Import and Export Trade Co., Ltd., Rm. 02, Connector of Hongyuan Building 1 and 2, No. 246 Hualin Road, Huada Residential District, Gulou District, Fuzhou, Fujian Province, China 350001 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: July 6, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–14653 Filed 7–8–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–648 and 731– TA–1521–1522 (Final)] Walk-Behind Lawn Mowers From China and Vietnam Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of walk-behind lawn mowers from China found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). E:\FR\FM\09JYN1.SGM 09JYN1 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices government of China, and threatened with material injury by reason of imports of walk-behind lawn mowers from Vietnam found by Commerce to be sold at LTFV, provided for in subheading 8433.11.00 of the Harmonized Tariff Schedule of the United States. Background jbell on DSKJLSW7X2PROD with NOTICES The Commission instituted these investigations effective May 26, 2020, following receipt of petitions filed with the Commission and Commerce by MTD Products, Inc., Valley City, Ohio. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of walk-behind lawn mowers from China were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and that imports of walk-behind lawn mowers from China and Vietnam were sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on January 29, 2021 (86 FR 7565). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through video conference on May 18, 2021. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on July 6, 2021. The views of the Commission are contained in USITC Publication 5209 (July 2021), entitled Walk-Behind Lawn Mowers from China and Vietnam: Investigation Nos. 701–TA–648 and 731–TA–1521–1522 (Final). By order of the Commission. Issued: July 6, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–14649 Filed 7–8–21; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:01 Jul 08, 2021 Jkt 253001 INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1545 (Final)] Utility Scale Wind Towers From Spain; Scheduling of the Final Phase of AntiDumping Duty Investigation United States International Trade Commission. ACTION: Notice. AGENCY: DATES: June 25, 2021. Julie Duffy ((202) 708–2579), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Effective March 19, 2021, the Commission established a general schedule for the conduct of the final phase of its investigations on utility scale wind towers (‘‘wind towers’’) from India, Malaysia, and Spain (86 FR 20197, April 16, 2021), following preliminary determinations by the U.S. Department of Commerce (‘‘Commerce’’) that imports of subject wind towers from India and Malaysia were subsidized by the governments of India and Malaysia (86 FR 15887, March 25, 2021; and 86 FR 15897, March 25, 2021) and imports of subject wind towers from Spain were being sold in the United States at less than fair value (86 FR 17354, April 2, 2021). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on April 16, 2021 (86 FR 20197). Counsel for the Wind Tower Trade Coalition withdrew its previously filed request to appear at the hearing, after no other parties submitted a request to appear, and indicated a willingness to submit written responses to any Commission questions in lieu of an actual hearing. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 36305 Consequently, since no party to the investigation requested a hearing, the Commission canceled its hearing in connection with these investigations (86 FR 31730). Parties to these investigations responded to written questions posed by the Commission in their posthearing briefs. Commerce has issued a final affirmative countervailing duty determination with respect to wind towers from Malaysia (86 FR 30593, June 9, 2021). The Commission is scheduled to issue its final determination as to whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of wind towers from Malaysia provided for in subheadings 7308.20.00 and 8502.31.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) that have been found by Commerce to be subsidized by the government of Malaysia by July 26, 2021. Commerce recently has issued a final affirmative antidumping duty determination with respect to wind towers from Spain (86 FR 33656, June 25, 2021). Accordingly, the Commission currently is issuing a supplemental schedule for its antidumping duty investigation on imports of wind towers from Spain. This supplemental schedule is as follows: The deadline for filing supplemental party comments on Commerce’s final antidumping duty determination is July 7, 2021. Supplemental party comments may address only Commerce’s final antidumping duty determination regarding imports of wind towers from Spain. These supplemental final comments may not contain new factual information and may not exceed five (5) pages in length. The supplemental staff report in the final phase of this investigation regarding subject imports from Spain will be placed in the nonpublic record on July 19, 2021, and a public version will be issued thereafter. For further information concerning these investigations see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless E:\FR\FM\09JYN1.SGM 09JYN1

Agencies

[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36304-36305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14649]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-648 and 731-TA-1521-1522 (Final)]


Walk-Behind Lawn Mowers From China and Vietnam

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that an industry in the United States is materially injured by 
reason of imports of walk-behind lawn mowers from China found by the 
U.S. Department of Commerce (``Commerce'') to be sold in the United 
States at less than fair value (``LTFV'') and to be subsidized by the

[[Page 36305]]

government of China, and threatened with material injury by reason of 
imports of walk-behind lawn mowers from Vietnam found by Commerce to be 
sold at LTFV, provided for in subheading 8433.11.00 of the Harmonized 
Tariff Schedule of the United States.
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    \1\ The record is defined in Sec.  207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
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Background

    The Commission instituted these investigations effective May 26, 
2020, following receipt of petitions filed with the Commission and 
Commerce by MTD Products, Inc., Valley City, Ohio. The final phase of 
the investigations was scheduled by the Commission following 
notification of preliminary determinations by Commerce that imports of 
walk-behind lawn mowers from China were subsidized within the meaning 
of section 703(b) of the Act (19 U.S.C. 1671b(b)) and that imports of 
walk-behind lawn mowers from China and Vietnam were sold at LTFV within 
the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the 
scheduling of the final phase of the Commission's investigations and of 
a public hearing to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register on January 29, 2021 (86 FR 7565). In 
light of the restrictions on access to the Commission building due to 
the COVID-19 pandemic, the Commission conducted its hearing through 
video conference on May 18, 2021. All persons who requested the 
opportunity were permitted to participate.
    The Commission made these determinations pursuant to Sec. Sec.  
705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 
1673d(b)). It completed and filed its determinations in these 
investigations on July 6, 2021. The views of the Commission are 
contained in USITC Publication 5209 (July 2021), entitled Walk-Behind 
Lawn Mowers from China and Vietnam: Investigation Nos. 701-TA-648 and 
731-TA-1521-1522 (Final).

    By order of the Commission.
    Issued: July 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-14649 Filed 7-8-21; 8:45 am]
BILLING CODE 7020-02-P