Certain Large Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof From the People's Republic of China: Preliminary Results and Rescission, in Part, of the Antidumping Duty Administrative Review; 2020-2022, 76178-76181 [2022-26946]

Download as PDF 76178 Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Notices and Winema RAC, Hood and Willamette RAC, Gifford Pinchot RAC, North Mt. Baker-Snoqualmie RAC, Northeast Oregon Forests RAC, Olympic Peninsula RAC, Rogue and Umpqua RAC, Siskiyou (OR) RAC, Siuslaw RAC, SnohomishSouth Mt. Baker Snoqualmie RAC, Southeast Washington Forest RAC, Wenatchee-Okanogan RAC send to: Yewah Lau, Pacific Northwest Regional Office, Forest Service, 295142 Highway 101 South, Quilcene, Washington 98379, at 360–981–9101. Southern Regional Office—Region 8 Alabama RAC, Cherokee RAC, Daniel Boone RAC, Davy Crockett RAC, Florida National Forests RAC, Francis MarionSumter RAC, Kisatchie RAC, OzarkOuachita RAC, Sabine-Angelina RAC, National Forest in Mississippi RAC, Virginia RAC send to: Sheila Holified, Southern Regional Coordinator, Forest Service, 1720 Peachtree Road, Northwest, Atlanta, Georgia 30309, at 205–517–9033. lotter on DSK11XQN23PROD with NOTICES1 Eastern Regional Office—Region 9 Allegheny RAC, Chippewa National Forest RAC, Eleven Point RAC, Hiawatha RAC, Huron-Manistee RAC, North Wisconsin RAC, Ottawa, Superior RAC, West Virginia RAC send to: David Scozzafave, Eastern Regional Coordinator, Forest Service, 626 East Wisconsin Avenue, Milwaukee, Wisconsin 53202, at 414–297–3602. Alaska Regional Office—Region 10 Kenai Peninsula-Anchorage Borough RAC, North Tongass RAC, Prince William Sound RAC, South Tongass RAC send to: Nicole Olsen, Alaska Regional Coordinator, Forest Service, 709 West 9th Street, Room 561C, Juneau, Alaska 99801–1807, 907–586– 7836. Equal opportunity practices in accordance with USDA’s policies will be followed in all appointments to the Committee. To ensure that the recommendations of the Committee have taken in account the needs of the diverse groups served by USDA, membership shall include to the extent possible, individuals with demonstrated ability to represent minorities, women, and person with disabilities. USDA is an equal opportunity provider, employer, and lender. USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, VerDate Sep<11>2014 16:56 Dec 12, 2022 Jkt 259001 in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Dated: December 7, 2022. Cikena Reid, USDA Committee Management Officer. [FR Doc. 2022–27006 Filed 12–12–22; 8:45 am] Dated: December 7, 2022. Andrew McGilvray, Executive Secretary. [FR Doc. 2022–26988 Filed 12–12–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration BILLING CODE 3411–15–P [A–570–119] DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–215–2022] Foreign-Trade Zone 18—San Jose, California, Application for Subzone, Tesla, Inc., Oakland, California An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the City of San Jose, grantee of FTZ 18, requesting an expansion of Subzone 18G on behalf of Tesla, Inc., located in Oakland, California. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on December 7, 2022. The applicant is now requesting to expand Subzone 18G to include an additional site: Site 25 (8.79 acres)— 8350 Pardee Drive, Oakland, Alameda County. The expanded subzone would be subject to the existing activation limit of FTZ 18. In accordance with the FTZ Board’s regulations, Qahira El-Amin of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is January 23, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to February 6, 2023. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Qahira El-Amin at Qahira.El-Amin@ trade.gov. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Certain Large Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof From the People’s Republic of China: Preliminary Results and Rescission, in Part, of the Antidumping Duty Administrative Review; 2020– 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S Department of Commerce (Commerce) is conducting the administrative review of the antidumping duty order on certain large vertical shaft engines between 225cc and 999cc, and parts thereof (large vertical shaft engines) from the People’s Republic of China (China). The period of review (POR) is August 19, 2020, through February 28, 2022. Commerce preliminarily determines that Honda Power Products (China) Co., Ltd. (Honda) failed to establish its eligibility for a separate rate and, therefore, is part of the China-wide entity. We are also rescinding this review with respect to Chongqing Rato Technology Co., Ltd. (Chongqing Rato) and Loncin Motor Co., Ltd (Loncin). We invite interested parties to comment on these preliminary results. DATES: Applicable December 13, 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. AGENCY: SUPPLEMENTARY INFORMATION: Background On March 3, 2022, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on large vertical shaft engines from China 1 for 1 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 E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 the POR.2 On March 30, 2022, Honda and American Honda Motor Co., Inc. self-requested a review of Honda’s imports of subject merchandise during the POR.3 On March 31, 2022, Chongqing Rato self-requested a review of its sales of subject merchandise during the POR.4 Also on March 31, 2022, the Toro Company (Toro), a U.S. importer of large vertical shaft engines from China, requested a review of Loncin, a producer and exporter of subject merchandise.5 Subsequently, we initiated an administrative review of the Order with respect to Chongqing Rato,6 Loncin,7 and Honda.8 On June 7, 2022, Toro timely withdrew its review request of Loncin.9 On June 17, 2022, we placed on the record U.S. Customs and Border Protection (CBP) entry data under administrative protective order (APO) for all interested parties having APO access and provided interested parties the opportunity to comment on the CBP data and respondent selection.10 No party commented on the CBP data or respondent selection. On July 18, 2022, Chonqqing Rato timely withdrew its request for an administrative review.11 Antidumping Duty Order, 86 FR 12623 (March 4, 2021) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 87 FR 12086 (March 3, 2022). 3 See Honda’s Letter, ‘‘Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof from the People’s Republic of China: Request for Administrative Review,’’ dated March 30, 2022. 4 See Chongqing Rato’s Letter, ‘‘Certain Vertical Shaft Engines Between 225CC and 999CC, and Parts Thereof, from the People’s Republic of China: Request for Administrative Review,’’ dated March 31, 2022. 5 See Toro’s Letter, ‘‘Vertical Shaft Engines between 225cc and 999cc, and Parts Thereof, from the People’s Republic of China: Request for Review—2020–2022 Review Period,’’ dated March 31, 2022. 6 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 29280 (May 13, 2022). 7 Id. 8 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 35165 (June 9, 2022) (Honda Initiation Notice). 9 See Toro’s Letter, ‘‘Vertical Shaft Engines between 225cc and 999cc, and Parts Thereof, from the People’s Republic of China: Withdrawal of Request for Review—2020–2022 Review Period,’’ dated June 7, 2022. 10 See Memorandum, ‘‘Customs Entries from August 19, 2020 through February 28, 2022,’’ dated June 17, 2022. 11 See Chongqing Rato’s Letter, ‘‘Certain Vertical Shaft Engines Between 225CC and 999CC, and Parts Thereof, from the People’s Republic of China: Withdrawal of Request for Administrative Review,’’ dated July 18, 2022. VerDate Sep<11>2014 16:56 Dec 12, 2022 Jkt 259001 Scope of the Order The scope of 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 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 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 76179 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. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if all parties that requested a review withdraw their requests within 90 days of the publication date of the notice of initiation of the requested review in the Federal Register. On June 7, 2022, Toro withdrew its review request of Loncin.12 On July 18, 2022, Chonqqing Rato withdrew its request for an administrative review of its own entries.13 Because no other party requested a review of Loncin and Chongqing Rato, consistent with 19 CFR 351.213(d)(1), Commerce is rescinding this review with respect to Chongqing Rato and Loncin. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213. Preliminary Results of Review The deadline for Honda to submit a no-shipment certification, separate rate application (SRA), or separate rate certification (SRC) was July 11, 2022.14 12 See Toro’s Letter, ‘‘Certain Vertical Shaft Engines between 225cc and 999cc, and Parts Thereof, from the People’s Republic of China: Withdrawal of Request for Review—2020–2022 Review Period,’’ dated June 7, 2022. 13 See Chongqing Rato’s Letter, ‘‘Certain Vertical Shaft Engines Between 225CC and 999CC, and Parts Thereof, from the People’s Republic of China: Withdrawal of Request for Administrative Review,’’ dated July 18, 2022. 14 See Honda Initiation Notice, 87 FR at 35167 (‘‘If a producer or exporter named in this notice of initiation had no exports, sales, or entries during {POR}, it must notify Commerce within 30 days of publication of this notice in the Federal Register . . . . Separate Rate Applications are due to Commerce no later than 30 calendar days after publication of this Federal Register notice.’’). Thirty calendar days after the Honda Initiation Notice published was Saturday, July 9, 2022. Commerce’s practice dictates that, where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See E:\FR\FM\13DEN1.SGM Continued 13DEN1 76180 Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Notices Honda did not submit an SRA or SRC. Thus, Commerce preliminarily determines that Honda has not demonstrated its eligibility for separate rate status and, therefore, Honda is part of the China-wide entity. China-Wide Entity Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative review.15 Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity. In this administrative review, no party requested a review of the China-wide entity and we have not self-initiated a review of the China-wide entity. Because no review of the Chinawide entity is being conducted, the China-wide entity’s entries are not subject to the review, and the rate applicable to the NME entity is not subject to change as a result of this review. The weighted-average dumping margin previously determined for the China-wide entity is 456.10 percent.16 lotter on DSK11XQN23PROD with NOTICES1 Public Comment Interested parties are invited to comment on the preliminary results and may submit case briefs or written comments, filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), within 30 days after the date of publication of these preliminary results of review.17 ACCESS is available to registered users at https://access.trade.gov. Rebuttal briefs, limited to issues raised in the case briefs, must be filed within seven days after the time limit for filing case briefs.18 Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a brief summary of the argument, and a table of authorities.19 Note that Commerce has Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 15 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Non-Market Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). 16 See Order, 86 FR at 12624. 17 See 19 CFR 351.309(c)(1)(ii). 18 See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 19 See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:56 Dec 12, 2022 Jkt 259001 temporarily modified certain portions of its requirements for serving documents containing business proprietary information, until further notice.20 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days of the date of publication of this notice.21 Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, parties will be notified of the time and date for a hearing to be held.22 Commerce intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, unless extended, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results of this review, Commerce will determine, and CBP will assess, antidumping duties on all appropriate entries covered by this review.23 We intend to instruct CBP to liquidate entries containing subject merchandise exported by Honda, if we continue to determine in the final results Honda to be part of the China-wide entity, at the China-wide entity rate of 456.1 percent.24 For Chongqing Rato and Loncin, for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period August 19, 2020, through February 28, 2022, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final rescission of this review in the Federal Register for Chongching Rato and Loncin, and no earlier than 35 days after the date of publication of the final results of this review in the Federal Register for Honda. If a timely summons is filed at 20 See Temporary Rule, 85 FR at 41363. 19 CFR 351.310(c). 22 See 19 CFR 310(d). 23 See 19 CFR 351.212(b)(1). 24 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 21 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided for by section 751(a)(2)(C) of the Act: (1) for Honda, if it is found to not be eligible for a separate rate in the final results of review, then its cash deposit rate will be the rate applicable for the China-wide entity; (2) for previously investigated or reviewed Chinese and non-Chinese exporters who are not under review in this segment of the proceeding but who have separate rates, the cash deposit rate will continue to be the exporter specific rate published for the most recent period; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the China-wide rate of 456.10 percent; and (4) for all nonChinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to Chinese exporter(s) that supplied that nonChinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. Notification to Interested Parties This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d) and 19 CFR 351.221(b)(4). E:\FR\FM\13DEN1.SGM 13DEN1 76181 Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Notices Dated: December 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–26946 Filed 12–12–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp From India: Notice of Court Decision Not in Harmony With the Final Results in the Antidumping Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 6, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Z.A. Sea Foods Private Limited v. United States, Consol. Court No. 21–00031, sustaining the Department of Commerce’s (Commerce’s) first remand results pertaining to the administrative review of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from India covering the period February 1, 2018, through January 31, 2019. Commerce is notifying the public that the CIT’s final judgment in this case is not in harmony with Commerce’s final results in the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to Z A Sea Foods Pvt. Ltd. (ZA Sea Foods), B-One Business House Pvt. Ltd., Hari Marine Private Limited, Magnum Export, Megaa Moda Pvt. Ltd., Milsha Agro Exports Private Limited, Sea Foods Private Limited, Shimpo Exports Private Limited, Five Star Marine Exports Private Limited, HN Indigos Private Limited, RSA Marines, and Zeal Aqua Limited. AGENCY: Applicable December 16, 2022. FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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) 482–4682. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 DATES: Background On December 29, 2020, Commerce published its final results in the 2018– 2019 AD administrative review of VerDate Sep<11>2014 16:56 Dec 12, 2022 Jkt 259001 shrimp from India.1 Commerce calculated a weighted-average dumping margin of 3.06 percent for ZA Sea Foods and assigned a dumping margin of 3.06 percent to B-One Business House Pvt. Ltd., Hari Marine Private Limited, Magnum Export, Megaa Moda Pvt. Ltd., Milsha Agro Exports Private Limited, Sea Foods Private Limited, Shimpo Exports Private Limited, Five Star Marine Exports Private Limited, HN Indigos Private Limited, RSA Marines, and Zeal Aqua Limited (the other Indian shrimp respondents).2 ZA Sea Foods and the other Indian shrimp respondents appealed Commerce’s Final Results. On April 19, 2022, the CIT remanded the Final Results, finding that Commerce’s decision to reject ZA Sea Foods’ third country sales and rely on constructed value (CV) for the calculation of normal value (NV) was not supported by substantial evidence.3 In its final remand redetermination, issued in July 2022, Commerce determined that there was insufficient record evidence to find that ZA Sea Foods’ third country Vietnamese sales were unrepresentative and unsuitable for use in the calculation of NV and recalculated the weighted-average dumping margin for ZA Sea Foods by relying on ZA Sea Foods’ third country Vietnamese sales during the period of review.4 As a result, Commerce calculated a revised weighted-average dumping margin for ZA Sea Foods of 1.73 percent. Moreover, as a result of Commerce’s recalculation of the weighted-average dumping margin for ZA Sea Foods, Commerce revised the review-specific average rate assigned to the other Indian shrimp respondents to 1.73 percent. The CIT sustained Commerce’s Final Remand Results.5 Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the Court of Appeals for the Federal Circuit held 1 See Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019, 85 FR 85580 (December 29, 2020) (Final Results). 2 Id. at 85581. 3 See Z.A. Sea Foods Private Ltd. v. United States, Slip Op. 22–36, Consol. Court No. 21–00031 (CIT 2022). 4 See Final Results of Redetermination Pursuant to Court Remand, Consol. Court No. No. 21–00031, dated July 18, 2022 (Final Remand Results) at 1. 5 See Z.A. Sea Foods Private Limited et al v. United States, Slip Op. 22–136, Consol. Court No. 21–00031 (CIT 2022). 6 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision.8 The CIT’s December 6, 2022, judgment in this case constitutes a final decision of that court that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to ZA Sea Foods and the other Indian shrimp respondents as follows: Exporter/producer Weightedaverage dumping margin (percent) Z.A. Sea Foods Pvt. Ltd ............. B-One Business House Pvt. Ltd Hari Marine Private Limited ........ Magnum Export .......................... Megaa Moda Pvt. Ltd ................. Milsha Agro Exports Private Limited .......................................... Sea Foods Private Limited ......... Shimpo Exports Private Limited Five Star Marine Exports Private Limited ..................................... HN Indigos Private Limited ......... RSA Marines .............................. Zeal Aqua Limited ...................... 1.73 1.73 1.73 1.73 1.73 1.73 1.73 1.73 1.73 1.73 1.73 1.73 Cash Deposit Requirements Commerce will issue revised cash deposit instruction to U.S. Customs and Border Protection (CBP). Because Hari Marine Private Limited, HN Indigos Private Limited, Megaa Moda Pvt. Ltd., Milsha Agro Exports Private Limited, RSA Marines, Shimpo Exports Private Limited, and Zeal Aqua Limited have a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to CBP for these those producers/exporters. This notice will not affect the current cash deposit rate for them. For all exporters/producers that do not have a superseding cash deposit rate, Commerce will issue revised cash deposit instructions to CBP. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were produced and exported 8 See E:\FR\FM\13DEN1.SGM sections 516A(c) and (e) of the Act. 13DEN1

Agencies

[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Notices]
[Pages 76178-76181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26946]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-119]


Certain Large Vertical Shaft Engines Between 225cc and 999cc, and 
Parts Thereof From the People's Republic of China: Preliminary Results 
and Rescission, in Part, of the Antidumping Duty Administrative Review; 
2020-2022

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

SUMMARY: The U.S Department of Commerce (Commerce) is conducting the 
administrative review of the antidumping duty order on certain large 
vertical shaft engines between 225cc and 999cc, and parts thereof 
(large vertical shaft engines) from the People's Republic of China 
(China). The period of review (POR) is August 19, 2020, through 
February 28, 2022. Commerce preliminarily determines that Honda Power 
Products (China) Co., Ltd. (Honda) failed to establish its eligibility 
for a separate rate and, therefore, is part of the China-wide entity. 
We are also rescinding this review with respect to Chongqing Rato 
Technology Co., Ltd. (Chongqing Rato) and Loncin Motor Co., Ltd 
(Loncin). We invite interested parties to comment on these preliminary 
results.

DATES: Applicable December 13, 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 March 3, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on large vertical shaft engines from China \1\ 
for

[[Page 76179]]

the POR.\2\ On March 30, 2022, Honda and American Honda Motor Co., Inc. 
self-requested a review of Honda's imports of subject merchandise 
during the POR.\3\ On March 31, 2022, Chongqing Rato self-requested a 
review of its sales of subject merchandise during the POR.\4\ Also on 
March 31, 2022, the Toro Company (Toro), a U.S. importer of large 
vertical shaft engines from China, requested a review of Loncin, a 
producer and exporter of subject merchandise.\5\ Subsequently, we 
initiated an administrative review of the Order with respect to 
Chongqing Rato,\6\ Loncin,\7\ and Honda.\8\ On June 7, 2022, Toro 
timely withdrew its review request of Loncin.\9\
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    \1\ 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) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 12086 (March 3, 
2022).
    \3\ See Honda's Letter, ``Certain Vertical Shaft Engines Between 
225cc and 999cc, and Parts Thereof from the People's Republic of 
China: Request for Administrative Review,'' dated March 30, 2022.
    \4\ See Chongqing Rato's Letter, ``Certain Vertical Shaft 
Engines Between 225CC and 999CC, and Parts Thereof, from the 
People's Republic of China: Request for Administrative Review,'' 
dated March 31, 2022.
    \5\ See Toro's Letter, ``Vertical Shaft Engines between 225cc 
and 999cc, and Parts Thereof, from the People's Republic of China: 
Request for Review--2020-2022 Review Period,'' dated March 31, 2022.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 29280 (May 13, 2022).
    \7\ Id.
    \8\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022) (Honda Initiation 
Notice).
    \9\ See Toro's Letter, ``Vertical Shaft Engines between 225cc 
and 999cc, and Parts Thereof, from the People's Republic of China: 
Withdrawal of Request for Review--2020-2022 Review Period,'' dated 
June 7, 2022.
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    On June 17, 2022, we placed on the record U.S. Customs and Border 
Protection (CBP) entry data under administrative protective order (APO) 
for all interested parties having APO access and provided interested 
parties the opportunity to comment on the CBP data and respondent 
selection.\10\ No party commented on the CBP data or respondent 
selection.
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    \10\ See Memorandum, ``Customs Entries from August 19, 2020 
through February 28, 2022,'' dated June 17, 2022.
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    On July 18, 2022, Chonqqing Rato timely withdrew its request for an 
administrative review.\11\
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    \11\ See Chongqing Rato's Letter, ``Certain Vertical Shaft 
Engines Between 225CC and 999CC, and Parts Thereof, from the 
People's Republic of China: Withdrawal of Request for Administrative 
Review,'' dated July 18, 2022.
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Scope of the Order

    The scope of 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.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if all parties that 
requested a review withdraw their requests within 90 days of the 
publication date of the notice of initiation of the requested review in 
the Federal Register. On June 7, 2022, Toro withdrew its review request 
of Loncin.\12\ On July 18, 2022, Chonqqing Rato withdrew its request 
for an administrative review of its own entries.\13\ Because no other 
party requested a review of Loncin and Chongqing Rato, consistent with 
19 CFR 351.213(d)(1), Commerce is rescinding this review with respect 
to Chongqing Rato and Loncin.
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    \12\ See Toro's Letter, ``Certain Vertical Shaft Engines between 
225cc and 999cc, and Parts Thereof, from the People's Republic of 
China: Withdrawal of Request for Review--2020-2022 Review Period,'' 
dated June 7, 2022.
    \13\ See Chongqing Rato's Letter, ``Certain Vertical Shaft 
Engines Between 225CC and 999CC, and Parts Thereof, from the 
People's Republic of China: Withdrawal of Request for Administrative 
Review,'' dated July 18, 2022.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.213.

Preliminary Results of Review

    The deadline for Honda to submit a no-shipment certification, 
separate rate application (SRA), or separate rate certification (SRC) 
was July 11, 2022.\14\

[[Page 76180]]

Honda did not submit an SRA or SRC. Thus, Commerce preliminarily 
determines that Honda has not demonstrated its eligibility for separate 
rate status and, therefore, Honda is part of the China-wide entity.
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    \14\ See Honda Initiation Notice, 87 FR at 35167 (``If a 
producer or exporter named in this notice of initiation had no 
exports, sales, or entries during {POR{time} , it must notify 
Commerce within 30 days of publication of this notice in the Federal 
Register . . . . Separate Rate Applications are due to Commerce no 
later than 30 calendar days after publication of this Federal 
Register notice.''). Thirty calendar days after the Honda Initiation 
Notice published was Saturday, July 9, 2022. Commerce's practice 
dictates that, where a deadline falls on a weekend or federal 
holiday, the appropriate deadline is the next business day. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

China-Wide Entity

    Commerce no longer considers the non-market economy (NME) entity as 
an exporter conditionally subject to an antidumping duty administrative 
review.\15\ Accordingly, the NME entity will not be under review unless 
Commerce specifically receives a request for, or self-initiates, a 
review of the NME entity. In this administrative review, no party 
requested a review of the China-wide entity and we have not self-
initiated a review of the China-wide entity. Because no review of the 
China-wide entity is being conducted, the China-wide entity's entries 
are not subject to the review, and the rate applicable to the NME 
entity is not subject to change as a result of this review. The 
weighted-average dumping margin previously determined for the China-
wide entity is 456.10 percent.\16\
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    \15\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Non-Market Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \16\ See Order, 86 FR at 12624.
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs or written comments, filed 
electronically via Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\17\ ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal briefs, limited to issues raised in 
the case briefs, must be filed within seven days after the time limit 
for filing case briefs.\18\ Parties who submit case or rebuttal briefs 
in this proceeding are requested to submit with each argument a 
statement of the issue, a brief summary of the argument, and a table of 
authorities.\19\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\20\
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    \17\ See 19 CFR 351.309(c)(1)(ii).
    \18\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \19\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \20\ See Temporary Rule, 85 FR at 41363.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice.\21\ Requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
and rebuttal briefs. If a request for a hearing is made, parties will 
be notified of the time and date for a hearing to be held.\22\ Commerce 
intends to issue the final results of this administrative review, which 
will include the results of our analysis of all issues raised in the 
case briefs, within 120 days of publication of these preliminary 
results in the Federal Register, unless extended, pursuant to section 
751(a)(3)(A) of the Act.
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    \21\ See 19 CFR 351.310(c).
    \22\ See 19 CFR 310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP will assess, antidumping duties on all appropriate 
entries covered by this review.\23\ We intend to instruct CBP to 
liquidate entries containing subject merchandise exported by Honda, if 
we continue to determine in the final results Honda to be part of the 
China-wide entity, at the China-wide entity rate of 456.1 percent.\24\
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    \23\ See 19 CFR 351.212(b)(1).
    \24\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    For Chongqing Rato and Loncin, for which this review is rescinded, 
antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period August 
19, 2020, through February 28, 2022, in accordance with 19 CFR 
351.212(c)(1)(i).
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final rescission of 
this review in the Federal Register for Chongching Rato and Loncin, and 
no earlier than 35 days after the date of publication of the final 
results of this review in the Federal Register for Honda. If a timely 
summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) for Honda, if it is found to not be eligible for a separate 
rate in the final results of review, then its cash deposit rate will be 
the rate applicable for the China-wide entity; (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters who are not 
under review in this segment of the proceeding but who have separate 
rates, the cash deposit rate will continue to be the exporter specific 
rate published for the most recent period; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the China-
wide rate of 456.10 percent; and (4) for all non-Chinese exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to Chinese exporter(s) that 
supplied that non-Chinese exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d) and 
19 CFR 351.221(b)(4).


[[Page 76181]]


    Dated: December 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-26946 Filed 12-12-22; 8:45 am]
BILLING CODE 3510-DS-P
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