Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Notice of Rescission of Circumvention Inquiry on the Antidumping and Countervailing Duty Orders, 47108-47110 [2023-15529]
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47108
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices
Company
Subsidy rate—
2020
(percent
ad valorem)
Subsidy rate—
2021
(percent ad
valorem)
Bridgestone Tire Manufacturing Vietnam, LLC ...............................................................................................
1.26
0.00
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends, upon
publication of the final results, to
instruct U.S. Customs and Border
Protection (CBP) to collect cash deposits
of estimated countervailing duties in the
amounts calculated in the final results
of this review for the company listed
above, on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this administrative review. If
the rate calculated in the final results for
2021 is zero or de minimis, no cash
deposit will be required on shipments of
the subject merchandise entered or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed
companies, CBP will continue to collect
cash deposits of estimated
countervailing duties at the all-others
rate (i.e., 6.46 percent) 10 or the most
recent company-specific rate applicable
to the company, as appropriate. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Upon issuance of the final results of
this administrative review, consistent
with section 751(a)(1) of the Act and 19
CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review. For
Sailun and KTCI, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at the
rate equal to the cash deposit of
estimated countervailing duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
period November 10, 2020, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i). With respect to
KTV, entries produced and/or exported
by KTV during the period November 10,
2020, through December 31, 2021, are
enjoined from liquidation; 11 as a result,
we will issue the appropriate
10 See
Order, 86 FR at 38014.
KTV Statutory Injunction Instructions
dated November 2, 2022, CBP Message 2306402.
11 See
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19:06 Jul 20, 2023
Jkt 259001
liquidation instructions for KTV once
the statutory injunction is lifted.
For Bridgestone Tire Manufacturing
Vietnam, LLC (Bridgestone), the only
company subject to this review,
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review 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).
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to parties in this proceeding within five
days after public announcement of the
preliminary results in accordance with
19 CFR 351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than seven days after the date for
filing case briefs.12 Parties who submit
case or rebuttal briefs in this proceeding
are encouraged to submit with each
argument: (1) a statement of the issue,
(2) a brief summary of the argument,
and (3) a table of authorities.13 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.15
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
15 See 19 CFR 351.310(c).
PO 00000
12 See
13 See
Frm 00010
Fmt 4703
Sfmt 4703
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. If a
request for a hearing is made, we will
inform parties of the scheduled date and
time for the hearing.
Unless extended, we intend to issue
the final results of this administrative
review, including the results of our
analysis of the issues raised by the
parties in their case briefs, no later than
120 days after the date of publication of
this notice in the Federal Register,
pursuant to section 751(a)(3)(A) of the
Act.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(d)(4) and
351.221(b)(4).
Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of the CVD Law to Imports
from Vietnam
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023–15530 Filed 7–20–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–129, C–570–130]
Certain Walk-Behind Lawn Mowers and
Parts Thereof From the People’s
Republic of China: Notice of
Rescission of Circumvention Inquiry
on the Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding a
AGENCY:
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21JYN1
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices
circumvention inquiry regarding
whether certain lawn mowers
assembled or completed in the United
States by attaching Chinese cutting deck
shells (attached to at least one
significant non-engine component) to
internal combustion engines are
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on certain walk-behind lawn
mowers and parts thereof (lawn
mowers) from the People’s Republic of
China (China).
DATES: Applicable July 21, 2023.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Natasia Harrison, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5760 or (202) 482–1240,
respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On March 3, 2023, Commerce
published the notice of intent to rescind
a circumvention inquiry regarding
whether certain lawn mowers
assembled or completed in the United
States by attaching Chinese cutting deck
shells (attached to at least one
significant non-engine component) to
internal combustion engines are
circumventing the AD and CVD orders
on lawn mowers from China under
section 781(a) of the Tariff Act of 1930,
as amended (the Act).1 We invited
interested parties to submit comments
and rebuttals on our intent to rescind.2
On March 17, 2023, MTD Products Inc.
and its parent company, Stanley Black
& Decker, Inc. (collectively, the
petitioner) submitted comments.3 On
1 See Certain Walk-Behind Lawn Mowers and
Parts Thereof from the People’s Republic of China:
Notice of Intent To Rescind Circumvention Inquiry
on the Antidumping and Countervailing Duty
Orders, 88 FR 13434 (March 3, 2023) (Intent to
Rescind), and accompanying Memorandum of
Intent to Rescind; see also Certain Walk-Behind
Lawn Mowers and Parts Thereof from the People’s
Republic of China and the Socialist Republic of
Vietnam: Antidumping Duty Orders, 86 FR 36703
(July 13, 2021); and Certain Walk-Behind Lawn
Mowers and Parts Thereof from the People’s
Republic of China: Countervailing Duty Order and
Amended Final Affirmative Countervailing Duty
Determination, 86 FR 36702 (July 13, 2021)
(collectively, Orders).
2 See Intent to Rescind, 88 FR at 13435.
3 See Petitioner’s Letter, ‘‘Comments of MTD
Products, Inc and Stanley Black & Decker, Inc. in
Opposition to the Notice of Intent to Rescind the
Anticircumvention Inquiry,’’ dated March 17, 2023.
MTD Products, Inc. was the petitioner in the
underlying investigations. See Certain Walk-Behind
Lawn Mowers and Parts Thereof from the People’s
Republic of China and the Socialist Republic of
Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 37417, n.1 (June 22, 2020).
VerDate Sep<11>2014
19:06 Jul 20, 2023
Jkt 259001
47109
(HTSUS) subheading 8433.11 or
8433.90.
March 24, 2023, Ningbo Daye Garden
Machinery Co., Ltd., Ningbo Lingyue
Intelligent Equipment Co., Ltd., and
Daye North America, Inc. (collectively,
Daye) submitted rebuttal comments.4
For a full discussion of the basis for
our rescission of this circumvention
inquiry, see the Decision
Memorandum.5 A list of topics
discussed in the Decision Memorandum
is included as the appendix to this
notice. The 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 Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
As explained above, this
circumvention inquiry covers cutting
deck shells attached to at least one other
significant non-engine component, such
as, but not limited to, a handle, wheels,
grass catcher bag, or an electronic
starter. We find that the inquiry
merchandise is specifically excluded
from the scope of the Orders because it
is not imported as ‘‘at a minimum, a
sub-assembly comprised of an engine
and a cutting deck shell attached to one
another.’’ 7 We also find that it is not
appropriate to conduct a circumvention
inquiry on such specifically excluded
merchandise. Therefore, Commerce is
rescinding this circumvention inquiry,
in accordance with 19 CFR
351.226(f)(6). For more explanation, see
the Decision Memorandum.
Scope of the Orders
Suspension of Liquidation
The products covered by these Orders
are lawn mowers from China. A full
description of the scope of the Orders is
provided in the Decision Memorandum.
Pursuant to 19 CFR 351.226(l)(1),
Commerce notified U.S. Customs and
Border Protection (CBP) of the initiation
of this circumvention inquiry and
directed CBP to continue the suspension
of liquidation of entries of products
subject to the circumvention inquiry
that were already subject to the
suspension of liquidation under the
Orders and to apply the cash deposit
rate that would be applicable if the
products were determined to be covered
by the scope of the Orders.8 Because we
are now rescinding this inquiry,
Commerce will inform CBP accordingly
and instruct CBP to continue to suspend
entries of lawn mowers from China that
are subject to the Orders at the
applicable rate(s) in effect on the date of
entry until specific liquidation
instructions are issued.
Merchandise Subject to the
Circumvention Inquiry
The merchandise subject to this
circumvention inquiry are lawn mower
sub-assemblies imported from China
and comprised of a cutting deck shell
attached to at least one other significant
non-engine component, such as, but not
limited to, a handle, wheels, grass
catcher bag, or an electronic starter.
These sub-assemblies are assembled or
completed in the United States by
attaching internal combustion engines
to produce rotary walk-behind lawn
mowers of the type that would be
subject to the Orders.6 The cutting deck
shell is the portion of the lawn mower—
typically of aluminum or steel—that
houses and protects a user from a
rotating blade. Cutting deck shells are
typically entered under Harmonized
Tariff Schedule of the United States
4 See Daye’s Letter, ‘‘Response to Petitioner’s
Comments in Opposition to the Notice of Intent to
Rescind the Anticircumvention Inquiry,’’ dated
March 24, 2023.
5 See Memorandum, ‘‘Certain Walk-Behind Lawn
Mowers and Parts Thereof from the People’s
Republic of China: Rescission of Circumvention
Inquiry on the Antidumping and Countervailing
Duty Orders,’’ dated concurrently with, and hereby
adopted by, this notice (Decision Memorandum).
6 This inquiry does not include lawn mowers
assembled or completed in the United States using
small vertical engines from China that are covered
by the scope of the antidumping and countervailing
duty orders on certain vertical shaft engines
between 99cc and up to 225 cc, and parts thereof.
See Initiation Notice, 87 FR at 65034, n.11.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Rescission of Circumvention Inquiry
Notification to Interested Parties
This notice is issued and published in
accordance with 19 CFR 351.226(f)(6).
Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Decision
Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the
Circumvention Inquiry
V. Discussion of the Issue
7 See
Decision Memorandum at 2.
CBP Message No. 2305407, dated November
1, 2022.
8 See
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47110
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices
Comment: Whether to Rescind this
Circumvention Inquiry
VI. Recommendation
[FR Doc. 2023–15529 Filed 7–20–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Recipient Reporting
Information Collection
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before September 19, 2023.
ADDRESSES: Interested persons are
invited to submit written comments by
mail to Liz Reinhart, Management
Analyst, National Institute of Standards
and Technology, PRAcomments@
doc.gov. Please reference Recipient
Reporting Information Collection OMB
Control Number 0693–xxxx in the
subject line of your comments. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Cierra
Bean, Business Operations Specialist,
CHIPS Program Office, askchips@
chips.gov.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
I. Abstract
The CHIPS Incentives Program is
authorized by Title XCIX—Creating
Helpful Incentives to Produce
Semiconductors for America of the
William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal
VerDate Sep<11>2014
19:06 Jul 20, 2023
Jkt 259001
Year 2021 (Pub. L. 116–283, referred to
as the CHIPS Act or Act), as amended
by the CHIPS Act of 2022 (Division A
of Pub. L. 117–167). The CHIPS
Incentives Program is administered by
the CHIPS Program Office (CPO) within
the National Institute of Standards and
Technology (NIST) of the United States
Department of Commerce (Department).
The CPO is considering collecting key
data and information from recipients of
CHIPS funding for the purposes of
monitoring progress and performance
on selected projects; ensuring
compliance with the terms of an award;
general programmatic financial
management activities; and executing
long-term program evaluation
initiatives. CPO intends to collect key
data and information in three primary
categories: metrics, milestones, and
reports. Metrics are quantitative
measures that describe project progress
or impact, and milestones are discrete
action steps that are tied to target dates.
Examples of data or information
collected in the metric category may
include but are not limited to number of
jobs created, wafer starts per month,
cumulative obligations, number of new
customers contracts, or percentage of
total childcare seats filled. Examples of
milestone data or information collected
may include but are not limited to
construction milestones (e.g., permit
issuance, utilities installation, fab
groundbreaking, fab completion, etc.) or
production go-live. Reports describe
progress or details of a given content
area in a narrative fashion.
The frequency and granularity of data
and information collection is still under
development by CPO. CPO will aim for
a balance of utility to the government
and burden on the recipient when
determining the data and information to
collect.
II. Method of Collection
CPO intends to collect data from
recipients electronically, although other
methods, e.g., interviews, email, etc.,
may also be leveraged. The primary data
collection tool will be Salesforce, which
CPO leverages for the application
process and will leverage for
communication with recipients post
award.
III. Data
OMB Control Number: 0693–XXXX.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
100.
Estimated Time per Response: 12
hours.
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Fmt 4703
Sfmt 4703
Estimated Total Annual Burden
Hours: 1,200 hours.
Estimated Total Annual Cost to
Public: $56,784.
Respondent’s Obligation: Mandatory
to be eligible for CHIPS Act funding.
Legal Authority: CHIPS Act of 2022
(Division A of Pub. L. 117–167) (the
Act).
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–15537 Filed 7–20–23; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD164]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
E:\FR\FM\21JYN1.SGM
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Agencies
[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47108-47110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15529]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-129, C-570-130]
Certain Walk-Behind Lawn Mowers and Parts Thereof From the
People's Republic of China: Notice of Rescission of Circumvention
Inquiry on the Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding a
[[Page 47109]]
circumvention inquiry regarding whether certain lawn mowers assembled
or completed in the United States by attaching Chinese cutting deck
shells (attached to at least one significant non-engine component) to
internal combustion engines are circumventing the antidumping duty (AD)
and countervailing duty (CVD) orders on certain walk-behind lawn mowers
and parts thereof (lawn mowers) from the People's Republic of China
(China).
DATES: Applicable July 21, 2023.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Natasia Harrison, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5760 or (202)
482-1240, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2023, Commerce published the notice of intent to
rescind a circumvention inquiry regarding whether certain lawn mowers
assembled or completed in the United States by attaching Chinese
cutting deck shells (attached to at least one significant non-engine
component) to internal combustion engines are circumventing the AD and
CVD orders on lawn mowers from China under section 781(a) of the Tariff
Act of 1930, as amended (the Act).\1\ We invited interested parties to
submit comments and rebuttals on our intent to rescind.\2\ On March 17,
2023, MTD Products Inc. and its parent company, Stanley Black & Decker,
Inc. (collectively, the petitioner) submitted comments.\3\ On March 24,
2023, Ningbo Daye Garden Machinery Co., Ltd., Ningbo Lingyue
Intelligent Equipment Co., Ltd., and Daye North America, Inc.
(collectively, Daye) submitted rebuttal comments.\4\
---------------------------------------------------------------------------
\1\ See Certain Walk-Behind Lawn Mowers and Parts Thereof from
the People's Republic of China: Notice of Intent To Rescind
Circumvention Inquiry on the Antidumping and Countervailing Duty
Orders, 88 FR 13434 (March 3, 2023) (Intent to Rescind), and
accompanying Memorandum of Intent to Rescind; see also Certain Walk-
Behind Lawn Mowers and Parts Thereof from the People's Republic of
China and the Socialist Republic of Vietnam: Antidumping Duty
Orders, 86 FR 36703 (July 13, 2021); and Certain Walk-Behind Lawn
Mowers and Parts Thereof from the People's Republic of China:
Countervailing Duty Order and Amended Final Affirmative
Countervailing Duty Determination, 86 FR 36702 (July 13, 2021)
(collectively, Orders).
\2\ See Intent to Rescind, 88 FR at 13435.
\3\ See Petitioner's Letter, ``Comments of MTD Products, Inc and
Stanley Black & Decker, Inc. in Opposition to the Notice of Intent
to Rescind the Anticircumvention Inquiry,'' dated March 17, 2023.
MTD Products, Inc. was the petitioner in the underlying
investigations. See Certain Walk-Behind Lawn Mowers and Parts
Thereof from the People's Republic of China and the Socialist
Republic of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 37417, n.1 (June 22, 2020).
\4\ See Daye's Letter, ``Response to Petitioner's Comments in
Opposition to the Notice of Intent to Rescind the Anticircumvention
Inquiry,'' dated March 24, 2023.
---------------------------------------------------------------------------
For a full discussion of the basis for our rescission of this
circumvention inquiry, see the Decision Memorandum.\5\ A list of topics
discussed in the Decision Memorandum is included as the appendix to
this notice. The 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 Decision Memorandum can be accessed
directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Certain Walk-Behind Lawn Mowers and Parts
Thereof from the People's Republic of China: Rescission of
Circumvention Inquiry on the Antidumping and Countervailing Duty
Orders,'' dated concurrently with, and hereby adopted by, this
notice (Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these Orders are lawn mowers from China. A
full description of the scope of the Orders is provided in the Decision
Memorandum.
Merchandise Subject to the Circumvention Inquiry
The merchandise subject to this circumvention inquiry are lawn
mower sub-assemblies imported from China and comprised of a cutting
deck shell attached to at least one other significant non-engine
component, such as, but not limited to, a handle, wheels, grass catcher
bag, or an electronic starter. These sub-assemblies are assembled or
completed in the United States by attaching internal combustion engines
to produce rotary walk-behind lawn mowers of the type that would be
subject to the Orders.\6\ The cutting deck shell is the portion of the
lawn mower--typically of aluminum or steel--that houses and protects a
user from a rotating blade. Cutting deck shells are typically entered
under Harmonized Tariff Schedule of the United States (HTSUS)
subheading 8433.11 or 8433.90.
---------------------------------------------------------------------------
\6\ This inquiry does not include lawn mowers assembled or
completed in the United States using small vertical engines from
China that are covered by the scope of the antidumping and
countervailing duty orders on certain vertical shaft engines between
99cc and up to 225 cc, and parts thereof. See Initiation Notice, 87
FR at 65034, n.11.
---------------------------------------------------------------------------
Rescission of Circumvention Inquiry
As explained above, this circumvention inquiry covers cutting deck
shells attached to at least one other significant non-engine component,
such as, but not limited to, a handle, wheels, grass catcher bag, or an
electronic starter. We find that the inquiry merchandise is
specifically excluded from the scope of the Orders because it is not
imported as ``at a minimum, a sub-assembly comprised of an engine and a
cutting deck shell attached to one another.'' \7\ We also find that it
is not appropriate to conduct a circumvention inquiry on such
specifically excluded merchandise. Therefore, Commerce is rescinding
this circumvention inquiry, in accordance with 19 CFR 351.226(f)(6).
For more explanation, see the Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Decision Memorandum at 2.
---------------------------------------------------------------------------
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1), Commerce notified U.S. Customs
and Border Protection (CBP) of the initiation of this circumvention
inquiry and directed CBP to continue the suspension of liquidation of
entries of products subject to the circumvention inquiry that were
already subject to the suspension of liquidation under the Orders and
to apply the cash deposit rate that would be applicable if the products
were determined to be covered by the scope of the Orders.\8\ Because we
are now rescinding this inquiry, Commerce will inform CBP accordingly
and instruct CBP to continue to suspend entries of lawn mowers from
China that are subject to the Orders at the applicable rate(s) in
effect on the date of entry until specific liquidation instructions are
issued.
---------------------------------------------------------------------------
\8\ See CBP Message No. 2305407, dated November 1, 2022.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with 19 CFR
351.226(f)(6).
Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Discussion of the Issue
[[Page 47110]]
Comment: Whether to Rescind this Circumvention Inquiry
VI. Recommendation
[FR Doc. 2023-15529 Filed 7-20-23; 8:45 am]
BILLING CODE 3510-DS-P