Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2020-2021, 51269-51271 [2023-16580]
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
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reporting burden. The purpose of this
notice is to allow for 60 days of public
comment on the proposed extension of
the Survey of Housing Starts, Sales, and
Completions, prior to the submission of
the information collection request (ICR)
to OMB for approval.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before October 2, 2023.
ADDRESSES: Interested persons are
invited to submit written comments by
email to Thomas.J.Smith@census.gov.
Please reference Survey of Housing
Starts, Sales, and Completions in the
subject line of your comments. You may
also submit comments, identified by
Docket Number USBC–2023–0005, to
the Federal e-Rulemaking Portal: https://
www.regulations.gov. All comments
received are part of the public record.
No comments will be posted to https://
www.regulations.gov for public viewing
until after the comment period has
closed. Comments will generally be
posted without change. All Personally
Identifiable Information (for example,
name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information. You may submit
attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF
file formats.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed William
Abriatis, U.S. Census Bureau, Economic
Indicators Division, (301) 763–3686, or
william.m.abriatis@census.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The U.S. Census Bureau plans to
request a three-year extension of the
current Office of Management and
Budget (OMB) clearance of the Survey
of Housing Starts, Sales and
Completions, also known as the Survey
of Construction (SOC). The SOC collects
monthly data on new residential
construction from a sample of owners or
builders. The Census Bureau uses the
Computer-Assisted Personal
Interviewing (CAPI) electronic
questionnaires SOC–QI/SF.1 and SOC–
QI/MF.1 to collect data on start and
completion dates of construction,
physical characteristics of the structure
(floor area, number of bathrooms, type
of heating system, etc), and if
applicable, date of sale, sales price, and
type of financing. The SOC provides
widely used measures of construction
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activity, including the economic
indicators Housing Starts and Housing
Completions, which are from the New
Residential Construction series, and
New Residential Sales. The current
clearance for this survey is scheduled to
expire on March 31, 2024.
We sample approximately 1,780 new
buildings each month (approximately
21,363 per year). We inquire about the
progress of each building multiple times
until it is completed (and a sales
contract is signed, if it is a single-family
house that is built for sale). For singlefamily buildings, we conduct an average
of 8.2 interviews and for multifamily
buildings, we conduct an average of 6.4
interviews. The total number of
interviews conducted from 2020
through 2022 was averaged and for
single-family buildings is approximately
112,471 annually and for multifamily
buildings is about 48,941 annually. Each
interview takes 5 minutes on average.
Therefore, the total annual burden is
13,451 hours.
II. Method of Collection
The Census Bureau uses its field
representatives to collect the data. The
field representatives conduct interviews
to obtain data.
III. Data
OMB Control Number: 0607–0110.
Form Number(s): SOC–QI.SF.1 and
SOC–QI/MF.1.
Type of Review: Regular submission.
Request for an Extension without
Change of a Currently Approved
Collection.
Affected Public: Individuals or
households; Business or other for-profit
organizations.
Estimated Number of Respondents:
21,363.
Estimated Time per Response: 5
minutes.
Estimated Total Annual Burden
Hours: 13,451.
Estimated Total Annual Cost to
Public: $0. (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C. 131
and 182.
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,
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51269
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. 2023–16584 Filed 8–2–23; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–130]
Certain Walk-Behind Lawn Mowers and
Parts Thereof From the People’s
Republic of China: Preliminary Results
of Countervailing Duty Administrative
Review and Rescission of Review, in
Part; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain walkbehind lawn mowers and parts thereof
(lawn mowers) from the People’s
Republic of China (China) during the
period or review (POR), October 30,
2020, through December 31, 2021.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Natasia Harrison or Harrison Tanchuck,
AGENCY:
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
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) 482–1240 or
(202) 482–7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 13, 2021, Commerce
published the Order in the Federal
Register.1 On September 6, 2022,
Commerce published in the Federal
Register the notice of initiation of an
administrative review of the Order for
the period October 30, 2020, through
December 31, 2021.2 On August 1, 2022,
we received timely requests for an
administrative review from exporters
and/or producers: Zhejiang Amerisun
Technology Co., Ltd (Zhejiang
Amerisun), Zhejiang Dobest Power
Tools Co., Ltd. (Zhejiang Dobest),
Ningbo Daye Garden Machinery Co.,
Ltd. (Ningbo Daye), Daye North
America, Inc., and Ningbo Lingyue
Intelligent Equipment Co. Ltd. (Ningbo
Lingyue).3 As explained below, on
October 1, 2022, Zhejiang Amerisun and
Zhejiang Dobest timely withdrew their
requests for an administrative review of
themselves.4 On October 18, 2022,
Commerce selected Ningbo Daye as the
mandatory respondent in this
administrative review.5 On March 2,
2023, Commerce extended the deadline
for these preliminary results until July
28, 2023.6
Scope of the Order
The products covered by the Order
are lawn mowers from China. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. On October 1, 2022,
Zhejiang Amerisun and Zhejiang Dobest
timely withdrew their requests for an
administrative review of themselves.8
No other party requested a review of
these companies. Therefore, in
accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this
administrative review of the Order with
respect to these two companies. For
additional information regarding this
determination, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we preliminarily find
that there is a subsidy, i.e., a financial
contribution that gives rise to a benefit
to the recipient and that the subsidy is
specific.9
In reaching these preliminary results,
Commerce relied on facts otherwise
available, with the application of
adverse inferences, pursuant to section
776 of the Act. For further information,
see ‘‘Use of Facts Otherwise Available
and Application of Adverse Inferences’’
in the accompanying Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the
following net countervailable subsidy
rates for the period October 30, 2020,
through December 31, 2021:
Producer/exporter
Subsidy rate
in 2020
(percent ad
valorem)
Subsidy rate
in 2021
(percent ad
valorem)
Ningbo Daye Garden Machinery Co., Ltd.10 ...........................................................................................................
10.58
9.46
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
above for the producer/exporters shown
above. Consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
upon issuance of the final results,
ddrumheller on DSK120RN23PROD with NOTICES1
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.7 A list of the
topics included in the Preliminary
Decision Memorandum is included as
the appendix to this notice. The
Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
1 See 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) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463, 54474 (September 6, 2022).
3 See Ningbo Daye’s Letter, ‘‘Request for
Administrative Review,’’ dated August 1, 2023; see
also Zhejiang Amerisun and Zhejiang Dobest’s
Letter, ‘‘Request for Administrative Review,’’ dated
August 1, 2022.
4 See Zhejiang Amerisun’s Letter, ‘‘Withdrawal of
Request for Administrative Review,’’ dated October
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Commerce will determine, and the U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue these
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).
1, 2022 (Zhejiang Amerisun’s Withdrawal of
Review Request); see also Zhejiang Dobest’s Letter,
‘‘Withdrawal of Request for Administrative
Review,’’ dated October 1, 2022 (Zhejiang Dobest’s
Withdrawal of Review Request).
5 See Memorandum, ‘‘Mandatory Respondent
Identification,’’ dated October 18, 2022.
6 See Memorandum ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated March 2, 2023.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review, Rescission of Review in
Part, 2020–2021: Certain Walk-Behind Lawn
Mowers and Parts Thereof from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
8 See Zhejiang Amerisun’s Withdrawal of Review
Request and Zhejiang Dobest’s Withdrawal of
Review Request.
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
10 This rate applies to Ningbo Daye and its crossowned companies: Zhejiang Jindaye Holdings
Limited and Ningbo Lingyue.
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
For the companies for which we have
rescinded this administrative review,
we will instruct CBP to assess
countervailing duties on all appropriate
entries at a rate equal to the cash deposit
of estimated countervailing duties
required at the time of entry, or
withdrawn from warehouse, for
consumption, during the period October
30, 2020, through December 31, 2021, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions directly to CBP no earlier
than 35 days after the date of
publication of this notice in the Federal
Register.
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts indicated for the
producers/exporters listed above for
2021, the second year covered by the
period of review, 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
review. For all non-reviewed firms, CBP
will continue to collect cash deposits of
estimated countervailing duties at the
all-others rate 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.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the publication of these preliminary
results of review in the Federal
Register.11 Rebuttal comments, limited
to issues raised in case briefs, may be
submitted no later than seven days after
the deadline for filing case briefs.12
Parties who submit case or rebuttal
briefs in this administrative review 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 Case and
rebuttal briefs must be filed using
ACCESS.14 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Easter Time on the established deadline.
Note that Commerce has temporarily
11 See
19 CFR 351.309(c).
19 CFR 351.309(d).
13 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
14 See 19 CFR 351.303.
12 See
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17:35 Aug 02, 2023
Jkt 259001
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.15
Pursuant to 19 CFR 351.310(c), parties
who wish to request a hearing, limited
to issues raised in the case and rebuttal
briefs, must do so within 30 days after
the publication of these preliminary
results by submitting a written request
to the Assistant Secretary for
Enforcement and Compliance using
ACCESS. Hearing requests should
contain: (1) the party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of the
issues to be discussed. Issues addressed
at the hearing will be limited to those
raised in briefs. If a request for a hearing
is made, Commerce will inform parties
of the scheduled date for the hearing.16
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, we intend to issue the final results
of this administrative review, including
the results of our analysis of the issues
raised by interested parties in their case
briefs, within 120 days after the
issuance of these preliminary results of
this administrative review.
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 28, 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. Partial Rescission of Administrative
Review
IV. Scope of the Order
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023–16580 Filed 8–2–23; 8:45 am]
BILLING CODE 3510–DS–P
15 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); and Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
16 See 19 CFR 351.310.
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51271
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping duty (AD) and
countervailing duty (CVD) orders with
June anniversary dates. In accordance
with Commerce’s regulations, we are
initiating those administrative reviews.
DATES: Applicable August 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with June
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
With respect to antidumping
administrative reviews, if a producer or
exporter named in this notice of
initiation had no exports, sales, or
entries during the period of review
(POR), it must notify Commerce within
30 days of publication of this notice in
the Federal Register. All submissions
must be filed electronically at https://
access.trade.gov, in accordance with 19
CFR 351.303.1 Such submissions are
subject to verification, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy must be served on every party on
Commerce’s service list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
E:\FR\FM\03AUN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51269-51271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16580]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-130]
Certain Walk-Behind Lawn Mowers and Parts Thereof From the
People's Republic of China: Preliminary Results of Countervailing Duty
Administrative Review and Rescission of Review, in Part; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain walk-behind lawn mowers and parts
thereof (lawn mowers) from the People's Republic of China (China)
during the period or review (POR), October 30, 2020, through December
31, 2021. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 3, 2023.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck,
[[Page 51270]]
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) 482-1240 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION: Background
On July 13, 2021, Commerce published the Order in the Federal
Register.\1\ On September 6, 2022, Commerce published in the Federal
Register the notice of initiation of an administrative review of the
Order for the period October 30, 2020, through December 31, 2021.\2\ On
August 1, 2022, we received timely requests for an administrative
review from exporters and/or producers: Zhejiang Amerisun Technology
Co., Ltd (Zhejiang Amerisun), Zhejiang Dobest Power Tools Co., Ltd.
(Zhejiang Dobest), Ningbo Daye Garden Machinery Co., Ltd. (Ningbo
Daye), Daye North America, Inc., and Ningbo Lingyue Intelligent
Equipment Co. Ltd. (Ningbo Lingyue).\3\ As explained below, on October
1, 2022, Zhejiang Amerisun and Zhejiang Dobest timely withdrew their
requests for an administrative review of themselves.\4\ On October 18,
2022, Commerce selected Ningbo Daye as the mandatory respondent in this
administrative review.\5\ On March 2, 2023, Commerce extended the
deadline for these preliminary results until July 28, 2023.\6\
---------------------------------------------------------------------------
\1\ See 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463, 54474 (September 6, 2022).
\3\ See Ningbo Daye's Letter, ``Request for Administrative
Review,'' dated August 1, 2023; see also Zhejiang Amerisun and
Zhejiang Dobest's Letter, ``Request for Administrative Review,''
dated August 1, 2022.
\4\ See Zhejiang Amerisun's Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 1, 2022 (Zhejiang Amerisun's
Withdrawal of Review Request); see also Zhejiang Dobest's Letter,
``Withdrawal of Request for Administrative Review,'' dated October
1, 2022 (Zhejiang Dobest's Withdrawal of Review Request).
\5\ See Memorandum, ``Mandatory Respondent Identification,''
dated October 18, 2022.
\6\ See Memorandum ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated March
2, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of the topics included in the Preliminary Decision Memorandum is
included as the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, Rescission
of Review in Part, 2020-2021: Certain Walk-Behind Lawn Mowers and
Parts Thereof from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are lawn mowers from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. On October 1, 2022, Zhejiang
Amerisun and Zhejiang Dobest timely withdrew their requests for an
administrative review of themselves.\8\ No other party requested a
review of these companies. Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this administrative review of the
Order with respect to these two companies. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Zhejiang Amerisun's Withdrawal of Review Request and
Zhejiang Dobest's Withdrawal of Review Request.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily find that there is a subsidy, i.e., a financial
contribution that gives rise to a benefit to the recipient and that the
subsidy is specific.\9\
---------------------------------------------------------------------------
\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
In reaching these preliminary results, Commerce relied on facts
otherwise available, with the application of adverse inferences,
pursuant to section 776 of the Act. For further information, see ``Use
of Facts Otherwise Available and Application of Adverse Inferences'' in
the accompanying Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the following net countervailable
subsidy rates for the period October 30, 2020, through December 31,
2021:
---------------------------------------------------------------------------
\10\ This rate applies to Ningbo Daye and its cross-owned
companies: Zhejiang Jindaye Holdings Limited and Ningbo Lingyue.
------------------------------------------------------------------------
Subsidy rate in Subsidy rate in
Producer/exporter 2020 (percent 2021 (percent
ad valorem) ad valorem)
------------------------------------------------------------------------
Ningbo Daye Garden Machinery Co., 10.58 9.46
Ltd.\10\.............................
------------------------------------------------------------------------
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts above for the producer/exporters
shown above. Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and the U.S. Customs and Border Protection (CBP) shall
assess, countervailing duties on all appropriate entries covered by
this review. We intend to issue these 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).
[[Page 51271]]
For the companies for which we have rescinded this administrative
review, we will instruct CBP to assess countervailing duties on all
appropriate entries at a rate equal to the cash deposit of estimated
countervailing duties required at the time of entry, or withdrawn from
warehouse, for consumption, during the period October 30, 2020, through
December 31, 2021, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue appropriate assessment instructions directly to CBP no
earlier than 35 days after the date of publication of this notice in
the Federal Register.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts indicated for the producers/
exporters listed above for 2021, the second year covered by the period
of review, 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 review. For all non-reviewed firms, CBP will
continue to collect cash deposits of estimated countervailing duties at
the all-others rate 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.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the publication of these preliminary results of review in
the Federal Register.\11\ Rebuttal comments, limited to issues raised
in case briefs, may be submitted no later than seven days after the
deadline for filing case briefs.\12\ Parties who submit case or
rebuttal briefs in this administrative review 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\ Case and rebuttal
briefs must be filed using ACCESS.\14\ An electronically filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Easter Time on the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\15\
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\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\14\ See 19 CFR 351.303.
\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), parties who wish to request a
hearing, limited to issues raised in the case and rebuttal briefs, must
do so within 30 days after the publication of these preliminary results
by submitting a written request to the Assistant Secretary for
Enforcement and Compliance using ACCESS. Hearing requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of the issues to be discussed.
Issues addressed at the hearing will be limited to those raised in
briefs. If a request for a hearing is made, Commerce will inform
parties of the scheduled date for the hearing.\16\
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\16\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, we intend to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
interested parties in their case briefs, within 120 days after the
issuance of these preliminary results of this administrative review.
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 28, 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. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-16580 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P
