Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof, From the People's Republic of China: Initiation of Anti-Circumvention Inquiry of Antidumping and Countervailing Duty Orders-60cc up to 99cc Engines, 51866-51868 [2021-20170]
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51866
Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
ASSISTANCE—Continued
[8/17/2021 through 9/7/2021]
Date accepted for
investigation
Firm name
Firm address
Rose Electronics Distributing Company,
LLC.
RoMan Manufacturing, Inc .....................
2030 Ringwood Avenue, San Jose, CA
95131.
861 47th Street Southwest, Wyoming,
MI 49509.
374 Central Avenue, Taneyville, MO
65759.
17485 Highway 22, Dallas, OR 97338
Positive Connection, Inc ........................
Chateau Bianca, Inc ...............................
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.8 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Bryan Borlik,
Director.
[FR Doc. 2021–20180 Filed 9–16–21; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–124, C–570–125]
Certain Vertical Shaft Engines Between
99cc and up to 225cc, and Parts
Thereof, From the People’s Republic of
China: Initiation of Anti-Circumvention
Inquiry of Antidumping and
Countervailing Duty Orders—60cc up
to 99cc Engines
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to allegations of
circumvention from Briggs & Stratton,
LLC, the Department of Commerce
(Commerce) is initiating an anticircumvention inquiry to determine
whether imports of small vertical shaft
engines with displacements between
60cc and up to 99cc (60cc up to 99cc
engines) from the People’s Republic of
AGENCY:
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8/24/2021
The firm manufactures batteries.
8/30/2021
The firm manufactures electrical equipment.
The firm manufactures wire harnesses
for electrical circuits.
The firm produces wine.
9/2/2021
9/7/2021
China (China) are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
certain vertical shaft engines between
99cc and up to 225cc, and parts thereof
(small vertical engines) from China.
DATES: Effective September 17, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin Luberda or Paul Litwin, 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) 482–2185 and (202) 482–6002,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 30, 2021, Briggs & Stratton,
LLC, the petitioner in the AD and CVD
investigations, requested that Commerce
initiate anti-circumvention inquiries
with regard to 60cc up to 99cc engines
that are exported to the United States
from China.1 The petitioner alleges that
60cc up to 99cc engines constitute
merchandise altered in form or
appearance in such minor respects that
it should be included within the scope
of the Orders 2 pursuant to section
781(c) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR
351.225(i). In addition, the petitioner
alleges that 60cc up to 99cc engines are
later-developed merchandise and
should be included within the scope of
the Orders pursuant to section 781(d) of
the Act and 19 CFR 351.225(j). On
August 27, 2021, MTD Products Inc.
(MTD), an original equipment
manufacturer (OEM) and importer,
1 See Petitioner’s Letter, ‘‘Certain Vertical Shaft
Engines Between 99cc and 225cc, and Parts Thereof
from China/Request for Anti-Circumvention
Inquiries Pursuant to Section 781(c) and/or 781(d)
of the Tariff Act of 1930,’’ dated July 30, 2021
(Circumvention Allegation).
2 See Certain Vertical Shaft Engines Between 99cc
and Up to 225cc, and Parts Thereof from the
People’s Republic of China: Antidumping and
Countervailing Duty Orders, 86 FR 23675 (May 4,
2021) (Orders).
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Sfmt 4703
Product(s)
submitted comments requesting that
Commerce reject the petitioner’s request
to initiate an anti-circumvention
inquiry.3 On September 3, 2021, the
petitioner submitted comments on
MTD’s request to decline initiating an
anti-circumvention inquiry.4
Scope of the Orders
The products subject to these Orders
are small vertical engines from China.
For a complete description of the scope
of the Orders, see the appendix.
Merchandise Subject to the AntiCircumvention Inquiry
This anti-circumvention inquiry
covers small vertical shaft engines with
displacements between 60cc and up to
99cc produced in China and exported to
the United States.
Legal Framework
Section 781(c) of the Act provides that
Commerce may find circumvention of
an AD or CVD order when merchandise
of the same class or kind as
merchandise has been ‘‘altered in form
or appearance in minor respects . . .
whether or not included in the same
tariff classification.’’ Section 781(c)(2) of
the Act provides an exception that
‘‘{p}aragraph 1 shall not apply with
respect to altered merchandise if the
administering authority determines that
it would be unnecessary to consider the
altered merchandise within the scope of
the {order}.’’
While the Act is silent as to what
factors to consider in determining
whether alterations are properly
considered ‘‘minor,’’ the legislative
history of this provision indicates that
there are certain factors that should be
considered before reaching a
circumvention determination. In
conducting a circumvention inquiry
3 See MTD’s Letter, ‘‘Request to Reject AntiCircumvention Inquiry Request,’’ dated August 27,
2021.
4 See Petitioner’s Letter, ‘‘Comments on Request
to Reject Anti-Circumvention Inquiry Request,’’
dated September 3, 2021.
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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices
under section 781(c) of the Act,
Commerce has generally relied upon
‘‘such criteria as the overall physical
characteristics of the merchandise, the
expectations of the ultimate users, the
use of the merchandise, the channels of
marketing and the cost of any
modification relative to the total value
of the imported products.’’ 5 Concerning
the allegation of minor alteration under
section 781(c) of the Act and 19 CFR
351.225(i), Commerce examines such
factors as: (1) Overall physical
characteristics; (2) expectations of
ultimate users; (3) use of merchandise;
(4) channels of marketing; and (5) cost
of any modification relative to the value
of the imported products.6
Section 781(d) of the Act provides
that Commerce may initiate an anticircumvention inquiry to determine
whether merchandise developed after
an AD or CVD investigation is within
the scope of the order(s). In conducting
later-developed merchandise inquiries
under section 781(d)(1) of the Act,
Commerce will evaluate whether: (1)
The general physical characteristics of
the merchandise subject to the inquiry
are the same as subject merchandise
covered by the order(s); (2) the
expectations of the ultimate purchasers
of the merchandise subject to the
inquiry are no different to the
expectations of the ultimate purchasers
of subject merchandise; (3) the ultimate
use of the inquiry merchandise and
subject merchandise are the same; (4)
the channels of trade of both products
are the same; and (5) there are any
differences in the advertisement and
display of both products.7 First,
however, Commerce applies a
commercial availability test to
determine whether the merchandise
subject to the inquiry was commercially
available at the time of the
investigation(s) (i.e., the product was
present in the commercial market or the
product was tested and ready for
commercial production).8
5 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Initiation of Anti-Circumvention
Inquiry of Antidumping Duty Order, 83 FR 5405
(February 7, 2018) (citing S. Rep. No. 71, 100th
Cong., 1st Sess. 100 (1987)).
6 Id.; and Deacero S.A. de C.V. v. United States,
817 F.3d 1332 (Fed. Cir. 2016)
7 See section 781(d)(1) of the Act.
8 See Later-Developed Anticircumvention Inquiry
of the Antidumping Duty Order on Petroleum Wax
Candles from the People’s Republic of China:
Affirmative Preliminary Determination of
Circumvention of Antidumping Duty Order, 71 FR
32033, 32035 (June 2, 2006), unchanged in LaterDeveloped Merchandise Anticircumvention Inquiry
of the Antidumping Duty Order on Petroleum Wax
Candles from the People’s Republic of China:
Affirmative Final Determination of Circumvention
of the Antidumping Duty Order, 71 FR 59075
(October 6, 2006).
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Analysis
After analyzing the record evidence
and the petitioner’s allegation, we
determine that there is sufficient
information to warrant the initiation of
a minor alterations anti-circumvention
inquiry, pursuant to section 781(c) of
the Act and 19 CFR 351.225(i).
However, we determine that initiation
of a later-developed merchandise anticircumvention inquiry, pursuant to
section 781(d) of the Act and 19 CFR
351.225(j), is not warranted. For a full
discussion of the basis for our decision
to initiate a minor alterations anticircumvention inquiry, but not a laterdeveloped merchandise anticircumvention inquiry, see the Initiation
Decision Memorandum.9 The Initiation
Decision Memorandum is a public
document, 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 Initiation Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Conclusion
Commerce will determine whether
the merchandise subject to the inquiry
(as described in the ‘‘Merchandise
Subject to the Anti-Circumvention
Inquiry’’ section above) is
circumventing the Orders such that it
should be included within the scope of
the Orders, pursuant to section 781(c) of
the Act and 19 CFR 351.225(i).
In accordance with 19 CFR
351.225(l)(2), if Commerce issues a
preliminary affirmative determination,
we will then instruct U.S. Customs and
Border Protection to suspend
liquidation and require a cash deposit of
estimated duties, at the applicable rate,
for each unliquidated entry of the
merchandise at issue entered or
withdrawn from warehouse for
consumption on or after the date of
initiation of the inquiry.
Commerce will establish a schedule
for questionnaires and comments on the
issues related to the inquiry. In
accordance with section 781(f) of the
Act, to the maximum extent practicable,
Commerce intends to issue its final
determination within 300 days of the
date of publication of this initiation.
9 See ‘‘Decision Memorandum for Initiation of
Anti-Circumvention Inquiry,’’ dated concurrently
with and hereby adopted by this notice (Initiation
Decision Memorandum).
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51867
Notification to Interested Parties
This notice is published in
accordance with sections 781(c) of the
Act and 19 CFR 351.225(i).
Dated: September 13, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders
consists of spark-ignited, non-road, vertical
shaft engines, whether finished or
unfinished, whether assembled or
unassembled, whether mounted or
unmounted, primarily for walk-behind lawn
mowers. Engines meeting this physical
description may also be for other non-handheld outdoor power equipment, including
but not limited to, pressure washers. The
subject engines are spark ignition, singlecylinder, air cooled, internal combustion
engines with vertical power take off shafts
with a minimum displacement of 99 cubic
centimeters (cc) and a maximum
displacement of up to, but not including,
225cc. Typically, engines with displacements
of this size generate gross power of between
1.95 kilowatts (kw) to 4.75 kw.
Engines covered by this scope normally
must comply with and be certified under
Environmental Protection Agency (EPA) 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.
Engines that otherwise meet the physical
description of the scope but are not certified
under 40 CFR part 1054 and are not certified
under other parts of subchapter U of the EPA
air pollution controls are not excluded from
the scope of this proceeding. Engines that
may be certified under both 40 CFR part 1054
as well as other parts of subchapter U remain
subject to the scope of this proceeding.
Certain small vertical shaft engines,
whether or not mounted on non-hand-held
outdoor power equipment, including but not
limited to walk-behind lawn mowers and
pressure washers, are included in the scope.
However, if a subject engine is imported
mounted on such equipment, only the engine
is covered by the scope. Subject merchandise
includes certain small vertical shaft engines
produced in the subject country whether
mounted on outdoor power equipment in the
subject country or in a third country. Subject
engines are covered whether or not they are
accompanied by other parts.
For purposes of these orders, an unfinished
engine covers at a minimum a sub-assembly
comprised of, but not limited to, the
following components: Crankcase,
crankshaft, camshaft, piston(s), and
connecting rod(s). Importation of these
components together, whether assembled or
unassembled, and whether or not
accompanied by additional components such
as a sump, carburetor spacer, cylinder
head(s), valve train, or valve cover(s),
constitutes an unfinished engine for purposes
of these orders. The inclusion of other
products such as spark plugs fitted into the
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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices
cylinder head or electrical devices (e.g.,
ignition coils) for synchronizing with the
engine to supply tension current does not
remove the product from the scope. The
inclusion of any other components not
identified as comprising the unfinished
engine subassembly in a third country does
not remove the engine from the scope.
Specifically excluded from the scope of
these orders are ‘‘Commercial’’ or ‘‘Heavy
Commercial’’ engines under 40 CFR 1054.107
and 1054.135 that have (1) a displacement of
160 cc or greater, (2) a cast iron cylinder
liner, (3) an automatic compression release,
and (4) a muffler with at least three chambers
and volume greater than 400 cc.
The engines subject to these orders are
predominantly classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
at subheading 8407.90.1010. The engine
subassemblies that are subject to this
investigation enter under HTSUS
8409.91.9990. The mounted engines that are
subject to this investigation enter under
HTSUS 8433.11.0050, 8433.11.0060, and
8424.30.9000. Engines subject to this
investigation may also enter under HTSUS
8407.90.1020, 8407.90.9040, and
8407.90.9060. The HTSUS subheadings are
provided for convenience and customs
purposes only, and the written description of
the merchandise is dispositive.
[FR Doc. 2021–20170 Filed 9–16–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Domestic and International
Client Export Services and Customized
Forms Renewal
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on July 6, 2021,
during a 60-day comment period. This
notice allows for an additional 30 days
for public comments.
Agency: International Trade
Administration, U.S. Commercial
Service, Commerce.
Title: Domestic and International
Client Export Services and Customized
Forms.
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16:19 Sep 16, 2021
Jkt 253001
OMB Control Number: 0625–0143.
Form Number(s): ITA–4096P.
Type of Request: Renewal submission
(extension of a current information
collection).
Number of Respondents: 200,000.
Average Hours per Response: 10
minutes.
Burden Hours: 33,333 (annual).
Needs and Uses: The International
Trade Administration’s (ITA) U.S.
Commercial Service (CS) is mandated
by Congress to broaden and deepen the
U.S. exporter base. The CS
accomplishes this by providing
counseling, programs, and services to
help U.S. organizations export and
conduct business in overseas markets.
This information collection package
enables the CS to provide appropriate
export services to U.S. exporters and
international buyers.
The Commercial Service (CS) offers a
variety of services to enable clients to
begin exporting/importing or to expand
existing exporting/importing efforts.
Clients may learn about our services
from business related entities such as
the National Association of
Manufacturers, Federal Express, State
Economic Development offices, the
internet or word of mouth. The CS
provides a standard set of services to
assist clients with identifying potential
overseas partners, establishing meeting
programs with appropriate overseas
business contacts, and providing due
diligence reports on potential overseas
business partners. The CS also provides
other export-related services considered
to be of a ‘‘customized nature’’ because
they do not fit into the standard set of
CS export services but are driven by
unique business needs of individual
clients.
The dissemination of international
market information and potential
business opportunities for U.S.
exporters are critical components of the
Commercial Service’s export assistance
programs and services. U.S. companies
conveniently access and indicate their
interest in these services by completing
the appropriate forms via ITA and CS
U.S. Export Assistance Center websites.
The CS works closely with clients to
educate them about the exporting/
importing process and to help prepare
them for exporting/importing. When a
client is ready to begin the exporting/
importing process our field staff provide
counseling to assist in the development
of an exporting strategy. We provide feebased, export-related services designed
to help client export/import. The type of
export-related service that is proposed
to a client depends upon a client’s
business goals and where they are in the
export/import process. Some clients are
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at the beginning of the export process
and require assistance with identifying
potential distributors, whereas other
clients may be ready to sign a contract
with a potential distributor and require
due diligence assistance.
Before the CS can provide exportrelated services to clients, such as
assistance with identifying potential
partners or providing due diligence,
specific information is required to
determine the client’s business
objectives and needs. For example,
before we can provide a service to
identify potential business partners, we
need to know whether the client would
like a potential partner to have specific
technical qualifications, coverage in a
specific market, English or foreign
language ability or warehousing
requirements. This information
collection is designed to elicit such data
so that appropriate services can be
proposed and conducted to most
effectively meet the client’s exporting
goals. Without these forms the CS is
unable to provide services when
requested by clients.
The forms ask U.S. exporters standard
questions about their company details,
export experience, information about
the products or services they wish to
export and exporting goals. A few
questions are tailored to a specific
program type and will vary slightly with
each program. CS staff use this
information to gain an understanding of
client’s needs and objectives so that
they can provide appropriate and
effective export assistance tailored to an
exporter’s particular requirements.
Affected Public: Business or other forprofit organizations; Not-for-profit
institutions; State, Local, or Tribal
government; and Federal government.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: Public Law 15 U.S.C.
et seq. and 15 U.S.C. 171 et seq.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
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]]>Agencies
[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Notices]
[Pages 51866-51868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20170]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-124, C-570-125]
Certain Vertical Shaft Engines Between 99cc and up to 225cc, and
Parts Thereof, From the People's Republic of China: Initiation of Anti-
Circumvention Inquiry of Antidumping and Countervailing Duty Orders--
60cc up to 99cc Engines
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to allegations of circumvention from Briggs &
Stratton, LLC, the Department of Commerce (Commerce) is initiating an
anti-circumvention inquiry to determine whether imports of small
vertical shaft engines with displacements between 60cc and up to 99cc
(60cc up to 99cc engines) from the People's Republic of China (China)
are circumventing the antidumping duty (AD) and countervailing duty
(CVD) orders on certain vertical shaft engines between 99cc and up to
225cc, and parts thereof (small vertical engines) from China.
DATES: Effective September 17, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin Luberda or Paul Litwin, 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) 482-2185 and (202)
482-6002, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 30, 2021, Briggs & Stratton, LLC, the petitioner in the AD
and CVD investigations, requested that Commerce initiate anti-
circumvention inquiries with regard to 60cc up to 99cc engines that are
exported to the United States from China.\1\ The petitioner alleges
that 60cc up to 99cc engines constitute merchandise altered in form or
appearance in such minor respects that it should be included within the
scope of the Orders \2\ pursuant to section 781(c) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.225(i). In addition, the
petitioner alleges that 60cc up to 99cc engines are later-developed
merchandise and should be included within the scope of the Orders
pursuant to section 781(d) of the Act and 19 CFR 351.225(j). On August
27, 2021, MTD Products Inc. (MTD), an original equipment manufacturer
(OEM) and importer, submitted comments requesting that Commerce reject
the petitioner's request to initiate an anti-circumvention inquiry.\3\
On September 3, 2021, the petitioner submitted comments on MTD's
request to decline initiating an anti-circumvention inquiry.\4\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Certain Vertical Shaft Engines
Between 99cc and 225cc, and Parts Thereof from China/Request for
Anti-Circumvention Inquiries Pursuant to Section 781(c) and/or
781(d) of the Tariff Act of 1930,'' dated July 30, 2021
(Circumvention Allegation).
\2\ See Certain Vertical Shaft Engines Between 99cc and Up to
225cc, and Parts Thereof from the People's Republic of China:
Antidumping and Countervailing Duty Orders, 86 FR 23675 (May 4,
2021) (Orders).
\3\ See MTD's Letter, ``Request to Reject Anti-Circumvention
Inquiry Request,'' dated August 27, 2021.
\4\ See Petitioner's Letter, ``Comments on Request to Reject
Anti-Circumvention Inquiry Request,'' dated September 3, 2021.
---------------------------------------------------------------------------
Scope of the Orders
The products subject to these Orders are small vertical engines
from China. For a complete description of the scope of the Orders, see
the appendix.
Merchandise Subject to the Anti-Circumvention Inquiry
This anti-circumvention inquiry covers small vertical shaft engines
with displacements between 60cc and up to 99cc produced in China and
exported to the United States.
Legal Framework
Section 781(c) of the Act provides that Commerce may find
circumvention of an AD or CVD order when merchandise of the same class
or kind as merchandise has been ``altered in form or appearance in
minor respects . . . whether or not included in the same tariff
classification.'' Section 781(c)(2) of the Act provides an exception
that ``{p{time} aragraph 1 shall not apply with respect to altered
merchandise if the administering authority determines that it would be
unnecessary to consider the altered merchandise within the scope of the
{order{time} .''
While the Act is silent as to what factors to consider in
determining whether alterations are properly considered ``minor,'' the
legislative history of this provision indicates that there are certain
factors that should be considered before reaching a circumvention
determination. In conducting a circumvention inquiry
[[Page 51867]]
under section 781(c) of the Act, Commerce has generally relied upon
``such criteria as the overall physical characteristics of the
merchandise, the expectations of the ultimate users, the use of the
merchandise, the channels of marketing and the cost of any modification
relative to the total value of the imported products.'' \5\ Concerning
the allegation of minor alteration under section 781(c) of the Act and
19 CFR 351.225(i), Commerce examines such factors as: (1) Overall
physical characteristics; (2) expectations of ultimate users; (3) use
of merchandise; (4) channels of marketing; and (5) cost of any
modification relative to the value of the imported products.\6\
---------------------------------------------------------------------------
\5\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order,
83 FR 5405 (February 7, 2018) (citing S. Rep. No. 71, 100th Cong.,
1st Sess. 100 (1987)).
\6\ Id.; and Deacero S.A. de C.V. v. United States, 817 F.3d
1332 (Fed. Cir. 2016)
---------------------------------------------------------------------------
Section 781(d) of the Act provides that Commerce may initiate an
anti-circumvention inquiry to determine whether merchandise developed
after an AD or CVD investigation is within the scope of the order(s).
In conducting later-developed merchandise inquiries under section
781(d)(1) of the Act, Commerce will evaluate whether: (1) The general
physical characteristics of the merchandise subject to the inquiry are
the same as subject merchandise covered by the order(s); (2) the
expectations of the ultimate purchasers of the merchandise subject to
the inquiry are no different to the expectations of the ultimate
purchasers of subject merchandise; (3) the ultimate use of the inquiry
merchandise and subject merchandise are the same; (4) the channels of
trade of both products are the same; and (5) there are any differences
in the advertisement and display of both products.\7\ First, however,
Commerce applies a commercial availability test to determine whether
the merchandise subject to the inquiry was commercially available at
the time of the investigation(s) (i.e., the product was present in the
commercial market or the product was tested and ready for commercial
production).\8\
---------------------------------------------------------------------------
\7\ See section 781(d)(1) of the Act.
\8\ See Later-Developed Anticircumvention Inquiry of the
Antidumping Duty Order on Petroleum Wax Candles from the People's
Republic of China: Affirmative Preliminary Determination of
Circumvention of Antidumping Duty Order, 71 FR 32033, 32035 (June 2,
2006), unchanged in Later-Developed Merchandise Anticircumvention
Inquiry of the Antidumping Duty Order on Petroleum Wax Candles from
the People's Republic of China: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order, 71 FR 59075 (October 6,
2006).
---------------------------------------------------------------------------
Analysis
After analyzing the record evidence and the petitioner's
allegation, we determine that there is sufficient information to
warrant the initiation of a minor alterations anti-circumvention
inquiry, pursuant to section 781(c) of the Act and 19 CFR 351.225(i).
However, we determine that initiation of a later-developed merchandise
anti-circumvention inquiry, pursuant to section 781(d) of the Act and
19 CFR 351.225(j), is not warranted. For a full discussion of the basis
for our decision to initiate a minor alterations anti-circumvention
inquiry, but not a later-developed merchandise anti-circumvention
inquiry, see the Initiation Decision Memorandum.\9\ The Initiation
Decision Memorandum is a public document, 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 Initiation Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
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\9\ See ``Decision Memorandum for Initiation of Anti-
Circumvention Inquiry,'' dated concurrently with and hereby adopted
by this notice (Initiation Decision Memorandum).
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Conclusion
Commerce will determine whether the merchandise subject to the
inquiry (as described in the ``Merchandise Subject to the Anti-
Circumvention Inquiry'' section above) is circumventing the Orders such
that it should be included within the scope of the Orders, pursuant to
section 781(c) of the Act and 19 CFR 351.225(i).
In accordance with 19 CFR 351.225(l)(2), if Commerce issues a
preliminary affirmative determination, we will then instruct U.S.
Customs and Border Protection to suspend liquidation and require a cash
deposit of estimated duties, at the applicable rate, for each
unliquidated entry of the merchandise at issue entered or withdrawn
from warehouse for consumption on or after the date of initiation of
the inquiry.
Commerce will establish a schedule for questionnaires and comments
on the issues related to the inquiry. In accordance with section 781(f)
of the Act, to the maximum extent practicable, Commerce intends to
issue its final determination within 300 days of the date of
publication of this initiation.
Notification to Interested Parties
This notice is published in accordance with sections 781(c) of the
Act and 19 CFR 351.225(i).
Dated: September 13, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders consists of spark-
ignited, non-road, vertical shaft engines, whether finished or
unfinished, whether assembled or unassembled, whether mounted or
unmounted, primarily for walk-behind lawn mowers. Engines meeting
this physical description may also be for other non-hand-held
outdoor power equipment, including but not limited to, pressure
washers. The subject engines are spark ignition, single-cylinder,
air cooled, internal combustion engines with vertical power take off
shafts with a minimum displacement of 99 cubic centimeters (cc) and
a maximum displacement of up to, but not including, 225cc.
Typically, engines with displacements of this size generate gross
power of between 1.95 kilowatts (kw) to 4.75 kw.
Engines covered by this scope normally must comply with and be
certified under Environmental Protection Agency (EPA) 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. Engines that otherwise meet the physical
description of the scope but are not certified under 40 CFR part
1054 and are not certified under other parts of subchapter U of the
EPA air pollution controls are not excluded from the scope of this
proceeding. Engines that may be certified under both 40 CFR part
1054 as well as other parts of subchapter U remain subject to the
scope of this proceeding.
Certain small vertical shaft engines, whether or not mounted on
non-hand-held outdoor power equipment, including but not limited to
walk-behind lawn mowers and pressure washers, are included in the
scope. However, if a subject engine is imported mounted on such
equipment, only the engine is covered by the scope. Subject
merchandise includes certain small vertical shaft engines produced
in the subject country whether mounted on outdoor power equipment in
the subject country or in a third country. Subject engines are
covered whether or not they are accompanied by other parts.
For purposes of these orders, an unfinished engine covers at a
minimum a sub-assembly comprised of, but not limited to, the
following components: Crankcase, crankshaft, camshaft, piston(s),
and connecting rod(s). Importation of these components together,
whether assembled or unassembled, and whether or not accompanied by
additional components such as a sump, carburetor spacer, cylinder
head(s), valve train, or valve cover(s), constitutes an unfinished
engine for purposes of these orders. The inclusion of other products
such as spark plugs fitted into the
[[Page 51868]]
cylinder head or electrical devices (e.g., ignition coils) for
synchronizing with the engine to supply tension current does not
remove the product from the scope. The inclusion of any other
components not identified as comprising the unfinished engine
subassembly in a third country does not remove the engine from the
scope.
Specifically excluded from the scope of these orders are
``Commercial'' or ``Heavy Commercial'' engines under 40 CFR 1054.107
and 1054.135 that have (1) a displacement of 160 cc or greater, (2)
a cast iron cylinder liner, (3) an automatic compression release,
and (4) a muffler with at least three chambers and volume greater
than 400 cc.
The engines subject to these orders are predominantly classified
in the Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 8407.90.1010. The engine subassemblies that are subject
to this investigation enter under HTSUS 8409.91.9990. The mounted
engines that are subject to this investigation enter under HTSUS
8433.11.0050, 8433.11.0060, and 8424.30.9000. Engines subject to
this investigation may also enter under HTSUS 8407.90.1020,
8407.90.9040, and 8407.90.9060. The HTSUS subheadings are provided
for convenience and customs purposes only, and the written
description of the merchandise is dispositive.
[FR Doc. 2021-20170 Filed 9-16-21; 8:45 am]
BILLING CODE 3510-DS-P
