Antidumping Duty Order on Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof From the People's Republic of China: Final Results of Changed Circumstances Review, 51966-51967 [2022-18210]
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Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Notices
of a case brief supporting the
Preliminary Results.4
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–119]
Antidumping Duty Order on Certain
Vertical Shaft Engines Between 225cc
and 999cc, and Parts Thereof From the
People’s Republic of China: Final
Results of Changed Circumstances
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) continues to
determine that Honda Power Products
(China) Co., Ltd. (Honda) is the
successor-in-interest to Jialing-Honda
Motors Co., Ltd. (Jialing) and is entitled
to the same cash deposit rate as Jialing
under the antidumping duty (AD) order
on certain vertical shaft engines
between 225cc and 999cc and parts
thereof (vertical shaft engines) from the
People’s Republic of China (China).
AGENCY:
DATES:
Applicable August 24, 2022.
Leo
Ayala or Jacob Saude AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3945 or (202) 482–0981,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
jspears on DSK121TN23PROD with NOTICES
On June 9, 2022, Commerce published
the Preliminary Results 1 of the changed
circumstances review (CCR) of the AD
order on vertical shaft engines from
China.2 In the Preliminary Results, we
provided interested parties with an
opportunity to comment regarding our
Preliminary Results.3 On July 25, 2022,
Honda timely submitted a letter in lieu
1 See Preliminary Results of Changed
Circumstances Review: Antidumping Duty Order on
Certain Vertical Shaft Engines Between 225cc and
999cc, and Parts Thereof from the People’s
Republic of China, 87 FR 35163 (June 9, 2022
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 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); see also Certain Large Vertical Shaft Engines
Between 225cc and 999cc, and Parts Thereof, from
the People’s Republic of China: Notice of Correction
to the Amended Final Antidumping Duty
Determination and Antidumping Duty Order, 86 FR
13694 (March 10, 2021) (Order).
3 See Preliminary Results, 87 FR at 35164.
VerDate Sep<11>2014
19:09 Aug 23, 2022
Jkt 256001
Scope of the Order
The merchandise covered by the
Order consists of spark-ignited, nonroad, vertical shaft engines, whether
finished or unfinished, whether
assembled or unassembled, primarily
for riding lawn mowers and zero-turn
radius lawn mowers. Engines meeting
this physical description may also be for
other non-hand-held outdoor power
equipment such as, including but not
limited to, tow-behind brush mowers,
grinders, and vertical shaft generators.
The subject engines are spark ignition,
single or multiple cylinder, air cooled,
internal combustion engines with
vertical power take off shafts with a
minimum displacement of 225 cubic
centimeters (cc) and a maximum
displacement of 999cc. Typically,
engines with displacements of this size
generate gross power of between 6.7
kilowatts (kw) to 42 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 the Order. 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 the Order.
For purposes of the Order, 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 an oil pan, manifold, cylinder
head(s), valve train, or valve cover(s),
constitutes an unfinished engine for
purposes of this Order. The inclusion of
other products such as spark plugs fitted
into the cylinder head or electrical
devices (e.g., ignition modules, ignition
coils) for synchronizing with the motor
to supply tension current does not
remove the product from the scope. The
4 See Honda Letter, ‘‘Certain Vertical Shaft
Engines Between 225cc and 999cc, and Parts
Thereof from the People’s Republic of China,
Changed Circumstances Review: Letter in Lieu of
Case Brief,’’ dated July 25, 2022.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
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.
The engines subject to the Order are
typically classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) at subheadings: 8407.90.1020,
8407.90.1060, and 8407.90.1080. The
engine subassemblies that are subject to
the Order enter under HTSUS
subheading 8409.91.9990. Engines
subject to the Order may also enter
under HTSUS subheadings
8407.90.9060 and 8407.90.9080. The
HTSUS subheadings are provided for
convenience and customs purposes
only, and the written description of the
merchandise subject to the Order is
dispositive.
Final Results of Changed
Circumstances Review
Having received no comments or
information that calls into question the
Preliminary Results, we continue to find
that Honda is the successor-in-interest
to Jialing and, accordingly, Honda is
entitled to the AD cash deposit rate
previously assigned to Jialing.
Consequently, Commerce will instruct
U.S. Customs and Border Protection to
suspend liquidation of all shipments of
subject merchandise exported by Honda
and entered, or withdrawn from
warehouse, for consumption on or after
the publication date of this notice in the
Federal Register at the AD cash deposit
rate in effect for Jialing. This cash
deposit requirement shall remain in
effect until further notice.
Administrative Protective Order
This notice serves as a final reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as
amended, and 19 CFR 351.216(e).
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Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Notices
Dated: August 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
see the Issues and Decision
Memorandum.2
Scope of the Order 3
The product covered by the Order is
cabinets from China. A full description
of the scope of the Order is contained
in the Issues and Decision
Memorandum.
[FR Doc. 2022–18210 Filed 8–23–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–107]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Final
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to the producers and exporters
subject to the administrative review of
wooden cabinets and vanities and
components thereof (cabinets) from the
People’s Republic of China (China)
during the period of review (POR)
August 12, 2019, through December 31,
2020. Commerce is also rescinding the
review with respect to four companies
that had no reviewable entries during
the POR.
DATES: Applicable August 24, 2022.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410.
SUPPLEMENTARY INFORMATION:
AGENCY:
jspears on DSK121TN23PROD with NOTICES
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on May 6, 2022,
and invited interested parties to
comment.1 On June 6, 2022, we received
timely case briefs from the American
Kitchen Cabinet Alliance (the
petitioner) and Dalian Hualing Wood
Co., Ltd. (Hualing). On June 13, 2022,
we received timely rebuttal briefs from
the petitioner and from Hualing. For a
complete description of the events that
occurred since the Preliminary Results,
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Preliminary Results of Countervailing Duty
Administrative Review, Rescission and Intent To
Rescind Administrative Review, in Part; 2019–2020,
87 FR 27099 (May 6, 2022) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum (PDM).
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19:09 Aug 23, 2022
Jkt 256001
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of the issues raised by
interested parties and to which
Commerce responded in the Issues and
Decision Memorandum is provided in
the Appendix to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments in case and
rebuttal briefs and record evidence,
Commerce made certain changes from
the Preliminary Results with regard to
the calculation of Hualing’s program
rates. As a result of the changes to
Hualing’s program rates, the final rate
for Jiangsu Xiangsheng Bedtime
Furniture Co., Ltd., and Senke
Manufacturing Company (i.e., the nonselected respondents) and the final total
adverse facts available (AFA) rates for
Nantong Aershin Cabinet Co., Ltd. (i.e.,
the non-cooperative mandatory
respondent) also changed. These
changes are explained in the Issues and
Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found to be
countervailable, Commerce finds that
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Wooden Cabinets and Vanities and Components
Thereof from the People’s Republic of China; 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Countervailing Duty Order, 85 FR 22134
(April 21, 2020) (Order).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
51967
there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.4 For a full description of the
methodology underlying all of
Commerce’s conclusions, including any
determination that relied upon the use
of AFA pursuant to section 776(a) and
(b) of the Act, see the Issues and
Decision Memorandum.
Rescission of Administrative Review, in
Part
It is Commerce’s practice to rescind
an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(3),
when there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.5
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the CVD
assessment rate calculated for the
review period.6 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate
at the CVD assessment rate calculated
for the review period.7
As noted in the Preliminary Results,
according to the CBP import data, the
following four companies subject to this
review did not have reviewable entries
of subject merchandise during the POR
for which liquidation is suspended: (1)
Guangzhou Nuolande Import and
Export Co., Ltd.; (2) Linyi Kaipu
Furniture Co., Ltd.; (3) Shandong
Longsen Woods Co., Ltd.; and (4)
Zhoushan For-strong Wood Co., Ltd.
Accordingly, in the Preliminary Results,
Commerce stated its intention to rescind
the review with respect to these
companies in the final results. We
continue to find these companies had
no reviewable entries of subject
merchandise during the POR for which
liquidation is suspended. Because there
is no evidence on the record of this
segment of the proceeding to indicate
that these companies had entries,
exports, or sales of subject merchandise
to the United States during the POR, we
are rescinding this review with respect
to these companies, consistent with 19
CFR 351.213(d)(3).
4 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.
5 Id.
6 See 19 CFR 351.212(b)(2).
7 See 19 CFR 351.213(d)(3).
E:\FR\FM\24AUN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 51966-51967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18210]
[[Page 51966]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-119]
Antidumping Duty Order on Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof From the People's Republic of China:
Final Results of Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) continues to
determine that Honda Power Products (China) Co., Ltd. (Honda) is the
successor-in-interest to Jialing-Honda Motors Co., Ltd. (Jialing) and
is entitled to the same cash deposit rate as Jialing under the
antidumping duty (AD) order on certain vertical shaft engines between
225cc and 999cc and parts thereof (vertical shaft engines) from the
People's Republic of China (China).
DATES: Applicable August 24, 2022.
FOR FURTHER INFORMATION CONTACT: Leo Ayala or Jacob Saude AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3945 or (202) 482-0981,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2022, Commerce published the Preliminary Results \1\ of
the changed circumstances review (CCR) of the AD order on vertical
shaft engines from China.\2\ In the Preliminary Results, we provided
interested parties with an opportunity to comment regarding our
Preliminary Results.\3\ On July 25, 2022, Honda timely submitted a
letter in lieu of a case brief supporting the Preliminary Results.\4\
---------------------------------------------------------------------------
\1\ See Preliminary Results of Changed Circumstances Review:
Antidumping Duty Order on Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof from the People's Republic of
China, 87 FR 35163 (June 9, 2022 (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ 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); see also Certain Large Vertical Shaft Engines
Between 225cc and 999cc, and Parts Thereof, from the People's
Republic of China: Notice of Correction to the Amended Final
Antidumping Duty Determination and Antidumping Duty Order, 86 FR
13694 (March 10, 2021) (Order).
\3\ See Preliminary Results, 87 FR at 35164.
\4\ See Honda Letter, ``Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof from the People's Republic of
China, Changed Circumstances Review: Letter in Lieu of Case Brief,''
dated July 25, 2022.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order consists of spark-ignited,
non-road, vertical shaft engines, whether finished or unfinished,
whether assembled or unassembled, primarily for riding lawn mowers and
zero-turn radius lawn mowers. Engines meeting this physical description
may also be for other non-hand-held outdoor power equipment such as,
including but not limited to, tow-behind brush mowers, grinders, and
vertical shaft generators. The subject engines are spark ignition,
single or multiple cylinder, air cooled, internal combustion engines
with vertical power take off shafts with a minimum displacement of 225
cubic centimeters (cc) and a maximum displacement of 999cc. Typically,
engines with displacements of this size generate gross power of between
6.7 kilowatts (kw) to 42 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 the Order. 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 the Order.
For purposes of the Order, 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 an oil pan, manifold, cylinder head(s), valve train, or valve
cover(s), constitutes an unfinished engine for purposes of this Order.
The inclusion of other products such as spark plugs fitted into the
cylinder head or electrical devices (e.g., ignition modules, ignition
coils) for synchronizing with the motor 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.
The engines subject to the Order are typically classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings:
8407.90.1020, 8407.90.1060, and 8407.90.1080. The engine subassemblies
that are subject to the Order enter under HTSUS subheading
8409.91.9990. Engines subject to the Order may also enter under HTSUS
subheadings 8407.90.9060 and 8407.90.9080. The HTSUS subheadings are
provided for convenience and customs purposes only, and the written
description of the merchandise subject to the Order is dispositive.
Final Results of Changed Circumstances Review
Having received no comments or information that calls into question
the Preliminary Results, we continue to find that Honda is the
successor-in-interest to Jialing and, accordingly, Honda is entitled to
the AD cash deposit rate previously assigned to Jialing.
Consequently, Commerce will instruct U.S. Customs and Border
Protection to suspend liquidation of all shipments of subject
merchandise exported by Honda and entered, or withdrawn from warehouse,
for consumption on or after the publication date of this notice in the
Federal Register at the AD cash deposit rate in effect for Jialing.
This cash deposit requirement shall remain in effect until further
notice.
Administrative Protective Order
This notice serves as a final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216(e).
[[Page 51967]]
Dated: August 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-18210 Filed 8-23-22; 8:45 am]
BILLING CODE 3510-DS-P
