Certain Walk-Behind Snow Throwers and Parts Thereof From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 46825-46826 [2021-17866]

Download as PDF Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a violation subject to sanction. Notification to Interested Parties Commerce is issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). [FR Doc. 2021–17888 Filed 8–19–21; 8:45 am] Dated: August 16, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. BILLING CODE 3510–DS–P Appendix I International Trade Administration List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Surrogate Country V. Discussion of the Issues Comment 1: Valuation of Diamond Input Comment 2: Whether to Apply Total Adverse Facts Available to Chengdu Huifeng Comment 3: Whether to Apply Total Adverse Facts Available to Wuhan Wanbang VI. Recommendation [A–570–141] DEPARTMENT OF COMMERCE Appendix II khammond on DSKJM1Z7X2PROD with NOTICES Hebei XMF Tools Group Co., Ltd. Henan Huanghe Whirlwind Co., Ltd. Henan Huanghe Whirlwind International Co., Ltd. Hong Kong Hao Xin International Group Limited Hubei Changjiang Precision Engineering Materials Technology Co., Ltd. Hubei Sheng Bai Rui Diamond Tools Co., Ltd. Huzhou Gu’s Import & Export Co., Ltd. Jiangsu Huachang Diamond Tools Manufacturing Co., Ltd. Jiangsu Inter-China Group Corporation Jiangsu Youhe Tool Manufacturer Co., Ltd. Orient Gain International Limited Pantos Logistics (HK) Company Limited Pujiang Talent Diamond Tools Co., Ltd. Qingdao Hyosung Diamond Tools Co., Ltd. Qingyuan Shangtai Diamond Tools Co., Ltd. Qingdao Shinhan Diamond Industrial Co., Ltd. Quanzhou Zhongzhi Diamond Tool Co., Ltd. Rizhao Hein Saw Co., Ltd. Saint-Gobain Abrasives (Shanghai) Co., Ltd. Shanghai Jingquan Industrial Trade Co., Ltd. Shanghai Starcraft Tools Co., Ltd. Sino Tools Co., Ltd. Wuhan Baiyi Diamond Tools Co., Ltd. Wuhan Sadia Trading Co., Ltd. Wuhan ZhaoHua Technology Co., Ltd. Xiamen ZL Diamond Technology Co., Ltd. ZL Diamond Technology Co., Ltd. ZL Diamond Tools Co., Ltd. Companies that are subject to this administrative review and considered to be part of the China-wide entity are: ASHINE Diamond Tools Co., Ltd. Danyang City Ou Di Ma Tools Co., Ltd. Danyang Hantronic Import & Export Co., Ltd. Danyang Huachang Diamond Tools Manufacturing Co., Ltd. Danyang Like Tools Manufacturing Co., Ltd. Danyang NYCL Tools Manufacturing Co., Ltd. Danyang Tsunda Diamond Tools Co., Ltd. Guilin Tebon Superhard Material Co., Ltd. Hangzhou Deer King Industrial and Trading Co., Ltd. Hangzhou Kingburg Import & Export Co., Ltd. VerDate Sep<11>2014 17:27 Aug 19, 2021 Jkt 253001 Certain Walk-Behind Snow Throwers and Parts Thereof From the People’s Republic of China: Postponement of Preliminary Determination in the LessThan-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable August 20, 2021. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Brendan Quinn, 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) 482–4243 or (202) 482–5848, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On April 19, 2021, the Department of Commerce (Commerce) initiated a lessthan-fair- value (LTFV) investigation of imports of certain walk-behind snow throwers and parts thereof (snow throwers) from the People’s Republic of PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 46825 China.1 Currently, the preliminary determination is due no later than September 7, 2021.2 Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On August 6, 2021, the petitioner 3 submitted a timely request that Commerce postpone the preliminary determination in the LTFV investigation.4 The petitioner states that a postponement is necessary to provide Commerce with adequate time to collect and analyze questionnaire responses from the mandatory respondent, Zhejiang Zhouli Industrial Co., Ltd. (Zhejiang Zhouli), to review data to identify deficiencies, and to investigate fully the extent to which Zhejiang Zhouli has engaged in LTFV sales of the 1 See Certain Walk-Behind Snow Throwers and Parts Thereof from the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation, 86 FR 22026 (April 26, 2021). 2 The current deadline for the preliminary determination falls on September 6, 2021. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 3 The petitioner in this investigation is MTD Products Incorporated (MTD), a domestic producer of snow throwers. 4 See Petitioner’s Letter, ‘‘Antidumping Duty Investigation of Certain Walk-Behind Snow Throwers and Parts Thereof from the People’s Republic of China: Petitioner’s Request to Postpone the Preliminary Determination,’’ dated August 6, 2021. E:\FR\FM\20AUN1.SGM 20AUN1 46826 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices subject merchandise based on a comprehensive preliminary record.5 For the reasons stated above and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination by 50 days (i.e., 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination no later than October 26, 2021. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: August 16, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–17866 Filed 8–19–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–133, C–570–134] Certain Metal Lockers and Parts Thereof From the People’s Republic of China: Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on the affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on certain metal lockers and AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES 5 Id. VerDate Sep<11>2014 17:27 Aug 19, 2021 Jkt 253001 parts thereof (metal lockers) from the People’s Republic of China (China). DATES: Applicable August 20, 2021. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Patrick Barton at (202) 482–4243 or (202) 482–0012, respectively (AD), and Alex Cipolla or Charles Doss at (202) 482–4956 or (202) 482–4474, respectively (CVD); AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the Act), on July 7, 2021, Commerce published its affirmative final determinations in the CVD and less-than-fair-value (LTFV) investigations of metal lockers from China.1 On August 13, 2021, the ITC notified Commerce of its final determinations, pursuant to sections 705(d) and 735(d) of the Act, that an industry in the United States is materially injured by reason of subsidized and LTFV imports of metal lockers from China, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.2 Scope of the Orders The products covered by these orders are metal lockers from China. For a full description of the scope of these orders,see the Appendix to this notice. 1 See Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 35737 (July 7, 2021) (LTFV Final Determination); and Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 86 FR 35741 (July 7, 2021). 2 See ITC Notification Letter, Investigation Nos. 701–TA–639 and 641–642 and 731–TA–1475–1479, 1481–1483, and 1485–1492 (Final) dated August 13, 2021 (ITC Notification Letter). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 AD Order As stated above, on August 13, 2021, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of metal lockers from China that are sold in the United States at LTFV.3 Therefore, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing this AD order. Because the ITC determined that LTFV imports of metal lockers from China are materially injuring a U.S. industry, unliquidated entries of subject merchandise from China, entered or withdrawn from warehouse, for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce intends to direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise for all relevant entries of metal lockers from China. Antidumping duties will be assessed on unliquidated entries of metal lockers from China entered, or withdrawn from warehouse, for consumption on or after February 11, 2021, the date of publication of the AD Preliminary Determination, but will not include entries occurring after the expiration of the provision measures period and before publication of the ITC’s final injury determination, as further described below.4 3 See ITC Notification Letter. Certain Metal Lockers 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, 86 FR 9051 (February 11, 2021) (AD Preliminary Determination). 4 See E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Notices]
[Pages 46825-46826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17866]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-141]


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

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

DATES: Applicable August 20, 2021.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Brendan Quinn, 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) 482-4243 or (202) 
482-5848, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 19, 2021, the Department of Commerce (Commerce) initiated 
a less-than-fair- value (LTFV) investigation of imports of certain 
walk-behind snow throwers and parts thereof (snow throwers) from the 
People's Republic of China.\1\ Currently, the preliminary determination 
is due no later than September 7, 2021.\2\
---------------------------------------------------------------------------

    \1\ See Certain Walk-Behind Snow Throwers and Parts Thereof from 
the People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation, 86 FR 22026 (April 26, 2021).
    \2\ The current deadline for the preliminary determination falls 
on September 6, 2021. Commerce's practice dictates that where a 
deadline falls on a weekend or federal holiday, the appropriate 
deadline is the next business day. See Notice of Clarification: 
Application of ``Next Business Day'' Rule for Administrative 
Determination Deadlines Pursuant to the Tariff Act of 1930, As 
Amended, 70 FR 24533 (May 10, 2005).
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Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
    On August 6, 2021, the petitioner \3\ submitted a timely request 
that Commerce postpone the preliminary determination in the LTFV 
investigation.\4\ The petitioner states that a postponement is 
necessary to provide Commerce with adequate time to collect and analyze 
questionnaire responses from the mandatory respondent, Zhejiang Zhouli 
Industrial Co., Ltd. (Zhejiang Zhouli), to review data to identify 
deficiencies, and to investigate fully the extent to which Zhejiang 
Zhouli has engaged in LTFV sales of the

[[Page 46826]]

subject merchandise based on a comprehensive preliminary record.\5\
---------------------------------------------------------------------------

    \3\ The petitioner in this investigation is MTD Products 
Incorporated (MTD), a domestic producer of snow throwers.
    \4\ See Petitioner's Letter, ``Antidumping Duty Investigation of 
Certain Walk-Behind Snow Throwers and Parts Thereof from the 
People's Republic of China: Petitioner's Request to Postpone the 
Preliminary Determination,'' dated August 6, 2021.
    \5\ Id.
---------------------------------------------------------------------------

    For the reasons stated above and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary 
determination by 50 days (i.e., 190 days after the date on which this 
investigation was initiated). As a result, Commerce will issue its 
preliminary determination no later than October 26, 2021. In accordance 
with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the 
deadline for the final determination of this investigation will 
continue to be 75 days after the date of the preliminary determination, 
unless postponed at a later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: August 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-17866 Filed 8-19-21; 8:45 am]
BILLING CODE 3510-DS-P
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