Certain Walk-Behind Snow Throwers and Parts Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 17984-17987 [2022-06557]
Download as PDF
<![CDATA[
17984
Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Notices
Total
estimated
time
(hours)
Type of respondent
(annual)
Number of respondents
Hours per response
Number of
responses
per year
System Lead Entities/Backbone Organizations ........
Training Providers .....................................................
1.5 hours .........................
5 minutes per participant
2 (Semiannual)
4 (Quarterly) .....
150
3,333
Participants ................................................................
50 * ..................................
200 (serving 10,000 participants) *.
10,000 * ...........................
10 minutes .......................
1 (One-time) .....
1,666
Total ...................................................................
10,250 * ...........................
..........................................
...........................
5,150
* The number of responses should be considered estimates given the Good Jobs Challenge intended impact. Given investment alignment and
program priorities are founded on equity, there could be lower number of stakeholders participating given their efforts to work with individuals
most underserved.
Estimated Total Annual Cost to
Public: $303,953 (cost assumes
application of U.S. Bureau of Labor
Statistics third quarter 2021 mean
hourly employer costs for employee
compensation for professional and
related occupations of $59.02).
Respondent’s Obligation: Mandatory
for System Lead Entities/Backbone
Organizations and Training Providers.
Legal Authority: The Public Works
and Economic Development Act of 1965
(42 U.S.C. 3121 et seq.).
lotter on DSK11XQN23PROD with NOTICES1
V. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
VerDate Sep<11>2014
17:01 Mar 28, 2022
Jkt 256001
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2022–06599 Filed 3–28–22; 8:45 am]
BILLING CODE 3510–34–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–141]
Certain Walk-Behind Snow Throwers
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 snow throwers and
parts thereof (snow throwers) 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
July 1, 2020, through December 31,
2020.
DATES: Applicable March 29, 2022.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn or Laurel LaCivita, 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) 482–5848 or (202) 482–4243,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 26, 2021, Commerce
published its Preliminary Determination
of sales at LTFV of snow throwers from
China, in which we also postponed this
final determination until 135 days after
the date of publication of the
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
preliminary determination, pursuant to
section 735(a)(2) of the Tariff Act of
1930, as amended (the Act).1 A
summary of the events that occurred
since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.2
The Issues and Decision
Memorandum is a public document and
is available 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are snow throwers from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
There have been no scope comments
since the Preliminary Determination. As
a result, Commerce has made no
changes to the scope of this
investigation since the Preliminary
Determination.
1 See Certain Walk-Behind Snow Throwers 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 61135 (November 5, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Antidumping Duty Determination in the Less-ThanFair-Value Investigation of Certain Walk-Behind
Snow Throwers and Parts Thereof from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\29MRN1.SGM
29MRN1
17985
Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
discussed in the Issues and Decision
Memorandum. A list of the issues raised
by parties and responded to by
Commerce in the Issues and Decision
Memorandum is attached to this notice
as Appendix II.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
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 Act.3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and additional
information obtained since our
Preliminary Determination, we made
certain changes to the margin
calculations for Zhejiang Zhouli
Separate Rate Companies
No party commented on our
preliminary separate rate
determinations with respect to the
mandatory respondents and the nonindividually examined companies; thus,
we find no basis to reconsider our
preliminary determinations with respect
to separate rate status, and we have
continued to grant these companies
separate rates in this final
determination.
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 Chinawide entity because the China-wide
entity failed to cooperate by not acting
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 the China-wide entity
a dumping margin of 223.07 percent,
which represents highest individual
dumping margin calculated for Zhejiang
Zhouli.4 Because this rate is not
secondary information, but rather is
based on information obtained in the
course of the investigation, Commerce
need not corroborate this rate pursuant
to section 776(c) of the Act.5
Combination Rates
Consistent with the Preliminary
Determination, Commerce calculated
exporter/producer combination rates for
the respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.6
Final Determination
The estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Zhejiang Zhouli Industrial Co., Ltd ...............................
Ningbo Scojet Import & Export Trade Co., Ltd ............
Sumec Hardware and Tools Co., Ltd ...........................
Zhejiang Amerisun Technology Co., Ltd ......................
Zhejiang KC Mechanical & Electrical Co., Ltd .............
China-Wide Entity .........................................................
Zhejiang Zhouli Industrial Co., Ltd ...............................
Ninghai Yiyi Garden Tools Co., Ltd .............................
Zhejiang KC Mechanical & Electrical Co., Ltd .............
Zhejiang Dobest Power Tools Co., Ltd ........................
Zhejiang KC Mechanical & Electrical Co., Ltd .............
.......................................................................................
Disclosure
We intend to disclose to interested
parties the calculations and analysis
performed in this final determination
within five days of any public
announcement, or, if there is no public
announcement in the Federal Register,
within five days of the date of the
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
lotter on DSK11XQN23PROD with NOTICES1
Industrial Co., Ltd. (Zhejiang Zhouli).
For a discussion of these changes, see
the Issues and Decision Memorandum.
3 See Commerce’s Letter, ‘‘Certain Walk-Behind
Snow Throwers and Parts Thereof from the People’s
Republic of China: Questionnaire in Lieu of
Verification,’’ dated November 23, 2021; see also
Zhejiang Zhouli’s Letters, ‘‘Certain Walk-Behind
Snow Throwers from the People’s Republic China:
Submission of Minor Corrections Before
Verification,’’ dated November 30, 2021; and
‘‘Certain Walk-Behind Snow Throwers and Parts
Thereof from the People’s Republic China:
Submission of Zhejiang Zhouli’s Response in Lieu
of Verification,’’ dated November 30, 2021.
VerDate Sep<11>2014
17:01 Mar 28, 2022
Jkt 256001
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we intend to
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
snow throwers from China, as described
in Appendix I to this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after November
5, 2021, the date of publication of the
4 See Memorandum, ‘‘Antidumping Duty
Investigation of Certain Walk-Behind Snow
Throwers and Parts Thereof from the People’s
Republic of China: Analysis Memorandum for the
Final Determination: Zhejiang Zhouli Industrial
Co., Ltd.,’’ dated concurrently with this notice, at
Attachment 3, page 243.
5 See Preliminary Determination PDM at 18
(explaining that because Commerce is applying a
calculated margin to the China-wide entity, it is not
using secondary information as the basis of any
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
163.27
163.27
163.27
163.27
163.27
223.07
Cash deposit
rate
(adjusted for
subsidy
offsets)
(percent)
142.19
142.19
142.19
142.19
142.19
201.99
Preliminary Determination of this
investigation in the Federal Register.
Furthermore, pursuant to section
735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce
intends to 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
margins. As a consequence, it is not necessary to
conduct a corroboration analysis for this
determination).
6 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.
E:\FR\FM\29MRN1.SGM
29MRN1
17986
Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
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
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. Commerce continues to find that
Zhejiang Zhouli, and all nonindividually-examined companies
found eligible for a separate rate qualify
for a double-remedy adjustment.7
Further, we have continued to adjust the
cash deposit rates for Zhejiang Zhouli,
all non-individually-examined separate
rate companies, and the China-wide
entity for export subsidies in the
companion CVD investigation by the
appropriate export subsidy rates as
indicated in the above chart. However,
suspension of liquidation according to
provisional measures in the companion
CVD case has been discontinued
effective January 8, 2022; therefore, we
are not instructing CBP to collect cash
deposits based upon the adjusted
estimated weighted-average dumping
margin for those export subsidies and
double remedy adjustment at this time.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. 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
snow throwers from China no later than
7 See
Preliminary Determination PDM at 26.
VerDate Sep<11>2014
17:01 Mar 28, 2022
Jkt 256001
45 days after our final determination. If
the ITC determines that material injury
or threat of material injury does not
exist, the proceeding will be terminated,
and all cash deposits will be refunded.
If the ITC determines that material
injury or threat of material injury does
exist, Commerce will issue an
antidumping duty 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
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
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: March 21, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation consists of gas-powered, walkbehind snow throwers (also known as snow
blowers), which are snow moving machines
that are powered by internal combustion
engines and primarily pedestrian-controlled.
The scope of the investigation covers certain
snow throwers (also known as snow
blowers), whether self-propelled or non-selfpropelled, whether finished or unfinished,
whether assembled or unassembled, and
whether containing any additional features
that provide for functions in addition to
snow throwing. Subject merchandise also
includes finished and unfinished snow
throwers that are further processed in a third
country or in the United States, including,
but not limited to, assembly or any other
processing that would not otherwise remove
the merchandise from the scope of this
investigation if performed in the country of
manufacture of the in-scope snow throwers.
Walk-behind snow throwers subject to the
scope of this investigation are powered by
internal combustion engines which are
typically spark ignition, single or multiple
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
cylinder, and air-cooled with power take off
shafts.
For the purposes of this investigation, an
unfinished and/or unassembled snow
thrower means at a minimum, a subassembly
comprised of an engine, auger housing (i.e.,
intake frame), and an auger (or ‘‘auger
paddle’’) packaged or imported together. An
intake frame is the portion of the snow
thrower—typically of aluminum or steel—
that houses and protects an operator from a
rotating auger and is the intake point for the
snow. Importation of the subassembly
whether or not accompanied by, or attached
to, additional components including, but not
limited to, handle(s), impeller(s), chute(s),
track tread(s), or wheel(s) constitutes an
unfinished snow thrower for purposes of this
investigation. The inclusion in a third
country of any components other than the
snow thrower sub-assembly does not remove
the snow thrower from the scope. A snow
thrower is within the scope of this
investigation regardless of the origin of its
engine.
Specifically excluded is merchandise
covered by the scope of the antidumping and
countervailing duty orders on certain vertical
shaft engines between 225cc and 999cc, and
parts thereof from the People’s Republic of
China. See Certain Vertical Shaft Engines
Between 225cc and 999cc, and Parts Thereof,
from the People’s Republic of China:
Amended Final Antidumping Duty
Determination and Antidumping Duty Order,
86 FR 12623 (March 4, 2021) and Certain
Vertical Shaft Engines Between 225cc and
999cc, and Parts Thereof from the People’s
Republic of China: Countervailing Duty
Order and Amended Final Affirmative
Countervailing Duty Determination, 86 FR
12619 (March 4, 2021).
Also specifically excluded is merchandise
covered by the scope of the antidumping and
countervailing duty orders on certain vertical
shaft engines between 99cc and Up to 225cc,
and parts thereof from the People’s Republic
of China. 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 023675 (May 4, 2021).
The snow throwers subject to this
investigation are typically entered under
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 8430.20.0060.
Certain parts of snow throwers subject to this
investigation may also enter under HTSUS
8431.49.9095. The HTSUS subheadings are
provided for convenience and customs
purposes only, and the written description of
the merchandise under investigation is
dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. China-Wide Rate
VI. Changes Since the Preliminary
Determination
VII. Discussion of the Issues
E:\FR\FM\29MRN1.SGM
29MRN1
Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Notices
Comment 1: China’s Designation as a NonMarket Economy
Comment 2: Selection of the Primary
Surrogate Country
Comment 3: Selection of Surrogate
Financial Statements
Comment 4: The Calculation of Surrogate
Financial Ratios
Comment 5: Selection of Surrogate Values
for Gasoline Engines
Comment 6: Selection of Surrogate Values
for Tires and Wheel Hubs
Comment 7: Zhejiang Zhouli’s By-Product
Offset
VIII. Recommendation
[FR Doc. 2022–06557 Filed 3–28–22; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Investigation
The products covered by this
investigation are snow throwers from
China. For a complete description of the
scope of this investigation, see
Appendix I.
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–142]
Certain Walk-Behind Snow Throwers
and Parts Thereof From the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain walk-behind snow throwers and
parts thereof (snow throwers) from the
People’s Republic of China (China). The
period of investigation is January 1,
2020, through December 31, 2020.
DATES: Applicable March 29, 2022.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla or Joy Zhang, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4956 or (202) 482–1168,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
lotter on DSK11XQN23PROD with NOTICES1
On September 10, 2021, Commerce
published the Preliminary
Determination in the Federal Register.1
A summary of the events that occurred
since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
1 See Certain Walk-Behind Snow Throwers and
Parts Thereof from the People’s Republic of China:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 86 FR 50696 (September 10, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
VerDate Sep<11>2014
17:01 Mar 28, 2022
Jkt 256001
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. A list of
topics discussed in the Issues and
Decision Memorandum is included at
Appendix II. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope Comments
There have been no scope comments
since the Preliminary Determination. As
a result, Commerce has made no
changes to the scope of this
investigation since the Preliminary
Determination.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the 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 by parties, and
to which we responded in the Issue and
Decision Memorandum, is attached to
this notice at Appendix II.
17987
available (AFA), pursuant to sections
776(a) and (b) of the Act. For a full
discussion of our application of AFA,
see the Preliminary Determination and
the section ‘‘Use of Facts Otherwise
Available and Adverse Inferences’’ in
the accompanying Issues and Decision
Memorandum.4
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
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 Act.5
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties, as
well as additional information collected
subsequent to the Preliminary
Determination, we made certain changes
to Zhejiang Zhouli Industrial Co., Ltd.
(Zhejiang Zhouli)’s subsidy rate
calculations, the rate for noncooperating respondents, and the allothers rate. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.3 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce is relying on facts otherwise
available, including adverse facts
In accordance with section
705(c)(5)(A) of the Act, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of
the Act, if the individual estimated
countervailable subsidy rates
established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely on facts otherwise available,
Commerce may use ‘‘any reasonable
method’’ to establish the estimated
subsidy rate for all other producers or
exporters. All three companies selected
2 See Memorandum, ‘‘Certain Walk-Behind Snow
Throwers and Parts Thereof from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
4 See Preliminary Decision Memorandum at ‘‘Use
of Facts Otherwise Available and Adverse
Inferences;’’ see also Issues and Decision
Memorandum at ‘‘Use of Facts Otherwise Available
and Adverse Inferences.’’
5 See Commerce’s Letter, ‘‘Certain Walk-Behind
Snow Throwers and Parts Thereof from the People’s
Republic of China: Zhejiang Zhouli Industrial Co.
Ltd.: In Lieu of Verification Questionnaire,’’ dated
October 11, 2021.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
E:\FR\FM\29MRN1.SGM
29MRN1
]]>Agencies
[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 17984-17987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06557]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-141]
Certain Walk-Behind Snow Throwers 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 snow throwers and parts thereof (snow throwers)
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 July 1, 2020, through December 31, 2020.
DATES: Applicable March 29, 2022.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn or Laurel LaCivita, 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) 482-5848 or (202)
482-4243, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 26, 2021, Commerce published its Preliminary
Determination of sales at LTFV of snow throwers from China, in which we
also postponed this final determination until 135 days after the date
of publication of the preliminary determination, pursuant to section
735(a)(2) of the Tariff Act of 1930, as amended (the Act).\1\ A summary
of the events that occurred since Commerce published the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, may be found in the Issues and
Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Walk-Behind Snow Throwers 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
61135 (November 5, 2021) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Antidumping Duty Determination in the Less-Than-
Fair-Value Investigation of Certain Walk-Behind Snow Throwers 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
available 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://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this investigation are snow throwers from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
There have been no scope comments since the Preliminary
Determination. As a result, Commerce has made no changes to the scope
of this investigation since the Preliminary Determination.
[[Page 17985]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. 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 Act.\3\
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Certain Walk-Behind Snow Throwers
and Parts Thereof from the People's Republic of China: Questionnaire
in Lieu of Verification,'' dated November 23, 2021; see also
Zhejiang Zhouli's Letters, ``Certain Walk-Behind Snow Throwers from
the People's Republic China: Submission of Minor Corrections Before
Verification,'' dated November 30, 2021; and ``Certain Walk-Behind
Snow Throwers and Parts Thereof from the People's Republic China:
Submission of Zhejiang Zhouli's Response in Lieu of Verification,''
dated November 30, 2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since our Preliminary Determination, we made
certain changes to the margin calculations for Zhejiang Zhouli
Industrial Co., Ltd. (Zhejiang Zhouli). For a discussion of these
changes, see the Issues and Decision Memorandum.
Separate Rate Companies
No party commented on our preliminary separate rate determinations
with respect to the mandatory respondents and the non-individually
examined companies; thus, we find no basis to reconsider our
preliminary determinations with respect to separate rate status, and we
have continued to grant these companies separate rates in this final
determination.
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 failed to cooperate by not acting
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 the China-
wide entity a dumping margin of 223.07 percent, which represents
highest individual dumping margin calculated for Zhejiang Zhouli.\4\
Because this rate is not secondary information, but rather is based on
information obtained in the course of the investigation, Commerce need
not corroborate this rate pursuant to section 776(c) of the Act.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Antidumping Duty Investigation of Certain
Walk-Behind Snow Throwers and Parts Thereof from the People's
Republic of China: Analysis Memorandum for the Final Determination:
Zhejiang Zhouli Industrial Co., Ltd.,'' dated concurrently with this
notice, at Attachment 3, page 243.
\5\ See Preliminary Determination PDM at 18 (explaining that
because Commerce is applying a calculated margin to the China-wide
entity, it is not using secondary information as the basis of any
margins. As a consequence, it is not necessary to conduct a
corroboration analysis for this determination).
---------------------------------------------------------------------------
Combination Rates
Consistent with the Preliminary Determination, Commerce calculated
exporter/producer combination rates for the respondents that are
eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\6\
---------------------------------------------------------------------------
\6\ 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
The estimated weighted-average dumping margins are as follows:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter Producer average for subsidy
dumping margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Zhejiang Zhouli Industrial Co., Ltd........... Zhejiang Zhouli Industrial Co., 163.27 142.19
Ltd.
Ningbo Scojet Import & Export Trade Co., Ltd.. Ninghai Yiyi Garden Tools Co., 163.27 142.19
Ltd.
Sumec Hardware and Tools Co., Ltd............. Zhejiang KC Mechanical & 163.27 142.19
Electrical Co., Ltd.
Zhejiang Amerisun Technology Co., Ltd......... Zhejiang Dobest Power Tools Co., 163.27 142.19
Ltd.
Zhejiang KC Mechanical & Electrical Co., Ltd.. Zhejiang KC Mechanical & 163.27 142.19
Electrical Co., Ltd.
China-Wide Entity............................. ................................ 223.07 201.99
----------------------------------------------------------------------------------------------------------------
Disclosure
We intend to disclose to interested parties the calculations and
analysis performed in this final determination within five days of any
public announcement, or, if there is no public announcement in the
Federal Register, within five days of the date of the publication of
this notice to parties in this proceeding 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 intend to
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of snow throwers from
China, as described in Appendix I to this notice, which were entered,
or withdrawn from warehouse, for consumption on or after November 5,
2021, the date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Furthermore, pursuant to section 735(c)(1)(B)(ii) of the Act, upon
the publication of this notice, Commerce intends to 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
[[Page 17986]]
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 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. Commerce continues to find that
Zhejiang Zhouli, and all non-individually-examined companies found
eligible for a separate rate qualify for a double-remedy adjustment.\7\
Further, we have continued to adjust the cash deposit rates for
Zhejiang Zhouli, all non-individually-examined separate rate companies,
and the China-wide entity for export subsidies in the companion CVD
investigation by the appropriate export subsidy rates as indicated in
the above chart. However, suspension of liquidation according to
provisional measures in the companion CVD case has been discontinued
effective January 8, 2022; therefore, we are not instructing CBP to
collect cash deposits based upon the adjusted estimated weighted-
average dumping margin for those export subsidies and double remedy
adjustment at this time.
---------------------------------------------------------------------------
\7\ See Preliminary Determination PDM at 26.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. 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 snow throwers
from China no later than 45 days after our final determination. If the
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated, and all cash deposits
will be refunded. If the ITC determines that material injury or threat
of material injury does exist, Commerce will issue an antidumping duty
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 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
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: March 21, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation consists of gas-
powered, walk-behind snow throwers (also known as snow blowers),
which are snow moving machines that are powered by internal
combustion engines and primarily pedestrian-controlled. The scope of
the investigation covers certain snow throwers (also known as snow
blowers), whether self-propelled or non-self-propelled, whether
finished or unfinished, whether assembled or unassembled, and
whether containing any additional features that provide for
functions in addition to snow throwing. Subject merchandise also
includes finished and unfinished snow throwers that are further
processed in a third country or in the United States, including, but
not limited to, assembly or any other processing that would not
otherwise remove the merchandise from the scope of this
investigation if performed in the country of manufacture of the in-
scope snow throwers.
Walk-behind snow throwers subject to the scope of this
investigation are powered by internal combustion engines which are
typically spark ignition, single or multiple cylinder, and air-
cooled with power take off shafts.
For the purposes of this investigation, an unfinished and/or
unassembled snow thrower means at a minimum, a subassembly comprised
of an engine, auger housing (i.e., intake frame), and an auger (or
``auger paddle'') packaged or imported together. An intake frame is
the portion of the snow thrower--typically of aluminum or steel--
that houses and protects an operator from a rotating auger and is
the intake point for the snow. Importation of the subassembly
whether or not accompanied by, or attached to, additional components
including, but not limited to, handle(s), impeller(s), chute(s),
track tread(s), or wheel(s) constitutes an unfinished snow thrower
for purposes of this investigation. The inclusion in a third country
of any components other than the snow thrower sub-assembly does not
remove the snow thrower from the scope. A snow thrower is within the
scope of this investigation regardless of the origin of its engine.
Specifically excluded is merchandise covered by the scope of the
antidumping and countervailing duty orders on certain vertical shaft
engines between 225cc and 999cc, and parts thereof from the People's
Republic of China. See Certain Vertical Shaft Engines Between 225cc
and 999cc, and Parts Thereof, from the People's Republic of China:
Amended Final Antidumping Duty Determination and Antidumping Duty
Order, 86 FR 12623 (March 4, 2021) and Certain Vertical Shaft
Engines Between 225cc and 999cc, and Parts Thereof from the People's
Republic of China: Countervailing Duty Order and Amended Final
Affirmative Countervailing Duty Determination, 86 FR 12619 (March 4,
2021).
Also specifically excluded is merchandise covered by the scope
of the antidumping and countervailing duty orders on certain
vertical shaft engines between 99cc and Up to 225cc, and parts
thereof from the People's Republic of China. 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 023675 (May 4, 2021).
The snow throwers subject to this investigation are typically
entered under Harmonized Tariff Schedule of the United States
(HTSUS) subheading 8430.20.0060. Certain parts of snow throwers
subject to this investigation may also enter under HTSUS
8431.49.9095. The HTSUS subheadings are provided for convenience and
customs purposes only, and the written description of the
merchandise under investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. China-Wide Rate
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
[[Page 17987]]
Comment 1: China's Designation as a Non-Market Economy
Comment 2: Selection of the Primary Surrogate Country
Comment 3: Selection of Surrogate Financial Statements
Comment 4: The Calculation of Surrogate Financial Ratios
Comment 5: Selection of Surrogate Values for Gasoline Engines
Comment 6: Selection of Surrogate Values for Tires and Wheel
Hubs
Comment 7: Zhejiang Zhouli's By-Product Offset
VIII. Recommendation
[FR Doc. 2022-06557 Filed 3-28-22; 8:45 am]
BILLING CODE 3510-DS-P
