Certain Vertical Shaft Engines Between 99cc and Up To 225cc, and Parts Thereof, From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders-Dual-Piston Engines, 12656-12657 [2023-04046]
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12656
Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices
Committee members, the Committee
suggests that presenters forward the
public presentation materials prior to
the meeting to Ms. Springer via email.
For more information, contact Ms.
Springer via email.
Yvette Springer,
Committee Liaison Officer.
combustion chamber, of the type
designed by FNA, produced in, and
exported from China.2 We invited
parties to comment on the Preliminary
Determination. For a complete
description of the events that followed
the Preliminary Determination, see the
Issues and Decision Memorandum.3
[FR Doc. 2023–04105 Filed 2–27–23; 8:45 am]
Scope of the Orders
BILLING CODE P
The merchandise subject to the
Orders is small vertical engines from
China. For a complete description of the
scope of the Orders, see the Issues and
Decision Memorandum.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–124, C–570–125]
Certain Vertical Shaft Engines Between
99cc and Up To 225cc, and Parts
Thereof, From the People’s Republic of
China: Affirmative Final Determination
of Circumvention of the Antidumping
and Countervailing Duty Orders—DualPiston Engines
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of dual-piston engines with a
single, common combustion chamber, of
the type designed by FNA Group, Inc.
(FNA), produced in, and exported from
the People’s Republic of China (China),
constitute later-developed merchandise
that is circumventing the antidumping
duty (AD) and countervailing duty
(CVD) orders on certain vertical shaft
engines between 99cc and up to 225cc,
and parts thereof (small vertical
engines), from China. Commerce is also
applying this affirmative circumvention
finding on a country-wide basis.
DATES: Applicable February 28, 2023.
FOR FURTHER INFORMATION CONTACT: Paul
Gill, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5673.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES
Background
On September 29, 2022, Commerce
published the Preliminary
Determination of the circumvention
inquiry of the AD and CVD orders on
small vertical engines from China 1 with
respect to imports of dual-piston
engines with a single, common
1 See
Certain Vertical Shaft Engines Between 99cc
and Up To 225cc, and Parts Thereof from the
People’s Republic of China: Antidumping and
Countervailing Duty Orders, 86 FR 23675 (May 4,
2021) (Orders).
VerDate Sep<11>2014
18:37 Feb 27, 2023
Jkt 259001
Affirmative Final Determination of
Circumvention
Consistent with the Preliminary
Determination,5 Commerce continues to
determine that imports of dual-piston
engines with a single, common
combustion chamber, of the type
designed by FNA, produced in, and
exported from China, constitute laterdeveloped merchandise that is
circumventing the Orders, pursuant to
section 781(d) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.226(k). Commerce also continues to
apply this affirmative circumvention
finding on a country-wide basis.
Merchandise Subject to the
Circumvention Inquiry
Liquidation of Entries
In the Preliminary Determination,
Commerce stated it would instruct U.S.
This circumvention inquiry covers
Customs and Border Protection (CBP) to
dual-piston engines with a single,
suspend liquidation of, and collect cash
common combustion chamber, of the
type designed by FNA, produced in, and deposits on, imports of dual-piston
engines with a single, common
exported from China, that otherwise
combustion chamber, of the type
meet the scope of the Orders. The dualdesigned by FNA, produced in, and
piston engines subject to this
exported from China, that were entered,
circumvention inquiry have a common
or withdrawn from warehouse, for
combustion chamber shared by two
consumption on or after April 25, 2022
cylinders that contain pistons working
(i.e., the date of the initiation of this
4
in unison.
inquiry).6 On October 26, 2022,
Commerce rescinded the administrative
Analysis of Comments Received
review of the AD order for the period
All issues raised in the case and
July 23, 2020, through April 30, 2022.7
rebuttal briefs are addressed in the
Accordingly, the administrative review
Issues and Decision Memorandum. A
covering entries that would have been
list of the issues raised is attached in the suspended had they entered from April
25, 2022, through April 30, 2022, has
appendix to this notice. The Issues and
been rescinded.
Decision Memorandum is a public
For any unliquidated entries of dualdocument and is filed electronically via
piston engines with a single, common
Enforcement and Compliance’s
combustion chamber, of the type
Antidumping and Countervailing Duty
designed by FNA, produced in, and
Centralized Electronic Service System
exported from China, that entered as
(ACCESS). ACCESS is available to
non-AD/CVD type entries (e.g., type 01)
registered users at https://
access.trade.gov. In addition, a complete that were shipped and/or entered, or
withdrawn from warehouse, for
version of the Issues and Decision
consumption in the United States after
Memorandum can be accessed directly
April 25, 2022, importers should file a
at https://access.trade.gov/public/
Post Summary Correction with CBP, in
FRNoticesListLayout.aspx.
accordance with CBP’s regulations
regarding the conversion of such entries
2 See Certain Vertical Shaft Engines Between 99cc
from non-AD/CVD case numbers to AD/
and Up To 225cc, and Parts Thereof, from the
People’s Republic of China: Affirmative Preliminary CVD type entries (e.g., type 01 to type
03). For such shipments, the Post
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders-Dual- Summary Corrections should be
Piston Engines; Rescission in Part, 87 FR 59059
completed as soon as practicable, but no
(September 29, 2022) (Preliminary Determination),
later than 45 days after the publication
and accompanying Preliminary Decision
of this notice in the Federal Register.
Memorandum (PDM).
3 See Memorandum, ‘‘Certain Vertical Shaft
Importers should report those AD/CVD
Engines Between 99cc and 225cc from the People’s
type entries of merchandise under the
Republic of China: Issues and Decision
AD/CVD case numbers of the Orders on
Memorandum for Circumvention Inquiry—Dualsmall vertical engines from China (i.e.,
Piston Engines,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 See Petitioner’s Letter, ‘‘Request for AntiCircumvention Inquiry Pursuant to Section 781(c)
and/or Section 781(d) of the Tariff Act of 1930,’’
dated March 4, 2022, at 2–3.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
5 See
Preliminary Determination PDM.
87 FR at 59060.
7 See Rescission of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
64764 (October 26, 2022).
6 Id.,
E:\FR\FM\28FEN1.SGM
28FEN1
Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices
A–570–124, C–570–125) or appropriate
third-country case numbers (i.e., A–
201–996, C–201–997). The importer
must pay case deposits on those entries
consistent with the regulations
governing post summary corrections
that require the payment of additional
duties.
Commerce intends to instruct CBP to
assess ADs and/or CVDs on all
appropriate entries of dual-piston
engines with a single, common
combustion chamber, of the type
designed by FNA, produced in, and
exported from China, during the periods
of review noted above at rates equal to
the applicable cash deposit of estimated
ADs or CVDs in effect at the time of
entry, or withdrawal of merchandise
from warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue assessment instructions no earlier
than 35 days after the publication of this
notice in the Federal Register. 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).
ddrumheller on DSK120RN23PROD with NOTICES
Continuation of Suspension of
Liquidation
In accordance with 19 CFR
351.225(l)(3), Commerce will direct CBP
to continue to suspend liquidation of
dual-piston engines with a single,
common combustion chamber, of the
type designed by FNA, produced in, and
exported from China, that are entered,
or withdrawn from warehouse, for
consumption on or after April 25, 2022
(i.e., the date of the initiation of this
inquiry).8 Pursuant to 19 CFR
351.225(l)(3), Commerce will also
instruct CBP to require cash deposits of
estimated duties equal to the AD and
CVD rates in effect for small vertical
engines for each unliquidated entry of
dual-piston engines with a single,
common combustion chamber, of the
type designed by FNA, produced in, and
exported from China, that are entered,
or withdrawn from warehouse, for
consumption on or after April 25, 2022.
The suspension of liquidation and cash
deposit instructions will remain in
effect until further notice.
Administrative Protective Order
This notice serves as the only
reminder to all parties subject to the
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
8 Id.
VerDate Sep<11>2014
18:37 Feb 27, 2023
Jkt 259001
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of the
APO is a sanctionable violation.
Notification to Interested Parties
This determination is published in
accordance with section 781(d) of the
Act and 19 CFR 351.226(g)(2) and (k).
Dated: February 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Merchandise Subject to the
Circumvention Inquiry
IV. Scope of the Orders
V. Discussion of the Issues
Comment 1: The Commercial Availability
of Dual-Piston Engines
Comment 2: Whether Dual-Piston Engines
are the Same Merchandise as In-Scope
Engines
VI. Recommendation
[FR Doc. 2023–04046 Filed 2–27–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–835]
Furfuryl Alcohol From the People’s
Republic of China: Continuation of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations
by the U.S. Department of Commerce
(Commerce) and the U.S. International
Trade Commission (ITC) that revocation
of the antidumping duty (AD) order on
furfuryl alcohol from the People’s
Republic of China (China) would likely
lead to a continuation or recurrence of
dumping and material injury to an
industry in the United States,
Commerce is publishing this notice of
continuation of the AD order on furfuryl
alcohol from China.
DATES: Applicable February 28, 2023
FOR FURTHER INFORMATION CONTACT:
Matthew Palmer, 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) 482–1678.
AGENCY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
12657
SUPPLEMENTARY INFORMATION:
Background
On June 21, 1995, Commerce
published the AD order on furfuryl
alcohol from China.1 On July 1, 2022,
Commerce published the notice of
initiation of the fifth sunset review of
the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2
As a result of its expedited review, on
November 2, 2022, Commerce
determined that revocation of the AD
order on furfuryl alcohol from China
would be likely to lead to a continuation
or recurrence of dumping, and,
therefore, notified the ITC of the
magnitude of the margins likely to
prevail should the Order be revoked.3
On February 15, 2023, the ITC
published its determination, pursuant to
section 751(c) of the Act, that revocation
of the existing AD order on furfuryl
alcohol from China would be likely to
lead to a continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.4
Scope of the Order
The merchandise covered by this
Order is furfuryl alcohol
(C4H3OCH2OH). Furfuryl alcohol is a
primary alcohol, and is colorless or pale
yellow in appearance. It is used in the
manufacture of resins and as a wetting
agent and solvent for coating resins,
nitrocellulose, cellulose acetate, and
other soluble dyes. The product subject
to this Order is classifiable under
subheading 2932.13.00 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would be likely to lead to
a continuation or recurrence of
dumping, and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act,
Commerce hereby orders the
1 See Notice of Antidumping Duty Order: Furfuryl
Alcohol from the People’s Republic of China (PRC),
60 FR 32302 (June 21, 1995) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 87
FR 39459 (July 1, 2022).
3 See Furfuryl Alcohol from the People’s Republic
of China: Final Results of Expedited Fifth Sunset
Review of Antidumping Duty Order, 87 FR 66127
(November 2, 2022).
4 See Furfuryl Alcohol from the People’s Republic
of China, Inv. No. 731–TA–703 (Fifth Review),
USITC Publication 5407 (February 2023).
E:\FR\FM\28FEN1.SGM
28FEN1
]]>Agencies
[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12656-12657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04046]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-124, C-570-125]
Certain Vertical Shaft Engines Between 99cc and Up To 225cc, and
Parts Thereof, From the People's Republic of China: Affirmative Final
Determination of Circumvention of the Antidumping and Countervailing
Duty Orders--Dual-Piston Engines
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of dual-piston engines with a single, common combustion
chamber, of the type designed by FNA Group, Inc. (FNA), produced in,
and exported from the People's Republic of China (China), constitute
later-developed merchandise that is circumventing the antidumping duty
(AD) and countervailing duty (CVD) orders on certain vertical shaft
engines between 99cc and up to 225cc, and parts thereof (small vertical
engines), from China. Commerce is also applying this affirmative
circumvention finding on a country-wide basis.
DATES: Applicable February 28, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Gill, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5673.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 2022, Commerce published the Preliminary
Determination of the circumvention inquiry of the AD and CVD orders on
small vertical engines from China \1\ with respect to imports of dual-
piston engines with a single, common combustion chamber, of the type
designed by FNA, produced in, and exported from China.\2\ We invited
parties to comment on the Preliminary Determination. For a complete
description of the events that followed the Preliminary Determination,
see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Certain Vertical Shaft Engines Between 99cc and Up To
225cc, and Parts Thereof from the People's Republic of China:
Antidumping and Countervailing Duty Orders, 86 FR 23675 (May 4,
2021) (Orders).
\2\ See Certain Vertical Shaft Engines Between 99cc and Up To
225cc, and Parts Thereof, from the People's Republic of China:
Affirmative Preliminary Determination of Circumvention of the
Antidumping and Countervailing Duty Orders-Dual-Piston Engines;
Rescission in Part, 87 FR 59059 (September 29, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\3\ See Memorandum, ``Certain Vertical Shaft Engines Between
99cc and 225cc from the People's Republic of China: Issues and
Decision Memorandum for Circumvention Inquiry--Dual-Piston
Engines,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to the Orders is small vertical engines
from China. For a complete description of the scope of the Orders, see
the Issues and Decision Memorandum.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers dual-piston engines with a
single, common combustion chamber, of the type designed by FNA,
produced in, and exported from China, that otherwise meet the scope of
the Orders. The dual-piston engines subject to this circumvention
inquiry have a common combustion chamber shared by two cylinders that
contain pistons working in unison.\4\
---------------------------------------------------------------------------
\4\ See Petitioner's Letter, ``Request for Anti-Circumvention
Inquiry Pursuant to Section 781(c) and/or Section 781(d) of the
Tariff Act of 1930,'' dated March 4, 2022, at 2-3.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised is
attached in the appendix to this notice. The Issues and Decision
Memorandum is a public document and is filed 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.
Affirmative Final Determination of Circumvention
Consistent with the Preliminary Determination,\5\ Commerce
continues to determine that imports of dual-piston engines with a
single, common combustion chamber, of the type designed by FNA,
produced in, and exported from China, constitute later-developed
merchandise that is circumventing the Orders, pursuant to section
781(d) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.226(k). Commerce also continues to apply this affirmative
circumvention finding on a country-wide basis.
---------------------------------------------------------------------------
\5\ See Preliminary Determination PDM.
---------------------------------------------------------------------------
Liquidation of Entries
In the Preliminary Determination, Commerce stated it would instruct
U.S. Customs and Border Protection (CBP) to suspend liquidation of, and
collect cash deposits on, imports of dual-piston engines with a single,
common combustion chamber, of the type designed by FNA, produced in,
and exported from China, that were entered, or withdrawn from
warehouse, for consumption on or after April 25, 2022 (i.e., the date
of the initiation of this inquiry).\6\ On October 26, 2022, Commerce
rescinded the administrative review of the AD order for the period July
23, 2020, through April 30, 2022.\7\ Accordingly, the administrative
review covering entries that would have been suspended had they entered
from April 25, 2022, through April 30, 2022, has been rescinded.
---------------------------------------------------------------------------
\6\ Id., 87 FR at 59060.
\7\ See Rescission of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 64764 (October 26, 2022).
---------------------------------------------------------------------------
For any unliquidated entries of dual-piston engines with a single,
common combustion chamber, of the type designed by FNA, produced in,
and exported from China, that entered as non-AD/CVD type entries (e.g.,
type 01) that were shipped and/or entered, or withdrawn from warehouse,
for consumption in the United States after April 25, 2022, importers
should file a Post Summary Correction with CBP, in accordance with
CBP's regulations regarding the conversion of such entries from non-AD/
CVD case numbers to AD/CVD type entries (e.g., type 01 to type 03). For
such shipments, the Post Summary Corrections should be completed as
soon as practicable, but no later than 45 days after the publication of
this notice in the Federal Register. Importers should report those AD/
CVD type entries of merchandise under the AD/CVD case numbers of the
Orders on small vertical engines from China (i.e.,
[[Page 12657]]
A-570-124, C-570-125) or appropriate third-country case numbers (i.e.,
A-201-996, C-201-997). The importer must pay case deposits on those
entries consistent with the regulations governing post summary
corrections that require the payment of additional duties.
Commerce intends to instruct CBP to assess ADs and/or CVDs on all
appropriate entries of dual-piston engines with a single, common
combustion chamber, of the type designed by FNA, produced in, and
exported from China, during the periods of review noted above at rates
equal to the applicable cash deposit of estimated ADs or CVDs in effect
at the time of entry, or withdrawal of merchandise from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue assessment instructions no earlier than 35 days after
the publication of this notice in the Federal Register. 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).
Continuation of Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(3), Commerce will direct CBP
to continue to suspend liquidation of dual-piston engines with a
single, common combustion chamber, of the type designed by FNA,
produced in, and exported from China, that are entered, or withdrawn
from warehouse, for consumption on or after April 25, 2022 (i.e., the
date of the initiation of this inquiry).\8\ Pursuant to 19 CFR
351.225(l)(3), Commerce will also instruct CBP to require cash deposits
of estimated duties equal to the AD and CVD rates in effect for small
vertical engines for each unliquidated entry of dual-piston engines
with a single, common combustion chamber, of the type designed by FNA,
produced in, and exported from China, that are entered, or withdrawn
from warehouse, for consumption on or after April 25, 2022. The
suspension of liquidation and cash deposit instructions will remain in
effect until further notice.
---------------------------------------------------------------------------
\8\ Id.
---------------------------------------------------------------------------
Administrative Protective Order
This notice serves as the only reminder to all parties subject to
the administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and terms of the APO is a sanctionable violation.
Notification to Interested Parties
This determination is published in accordance with section 781(d)
of the Act and 19 CFR 351.226(g)(2) and (k).
Dated: February 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Merchandise Subject to the Circumvention Inquiry
IV. Scope of the Orders
V. Discussion of the Issues
Comment 1: The Commercial Availability of Dual-Piston Engines
Comment 2: Whether Dual-Piston Engines are the Same Merchandise
as In-Scope Engines
VI. Recommendation
[FR Doc. 2023-04046 Filed 2-27-23; 8:45 am]
BILLING CODE 3510-DS-P
