Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020-2021, 8169-8170 [2024-02293]
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Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Notices
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: January 31, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–02386 Filed 2–5–24; 8:45 am]
BILLING CODE 3510–DS–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: Final Results of
Countervailing Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Ningbo Daye Garden Machinery Co.,
Ltd. (Ningbo Daye), a producer/exporter
of certain walk-behind lawn mowers
and parts thereof (lawn mowers) from
the People’s Republic of China (China),
received countervailable subsidies
during the period of review (POR),
October 30, 2020, through December 31,
2021.
DATES: Applicable February 6, 2024.
FOR FURTHER INFORMATION CONTACT:
Natasia Harrison or Harrison Tanchuck,
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:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On August 3, 2023, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register and invited interest
parties to comment.1 We received
timely-filed case briefs from the
Government of China (GOC) and Ningbo
1 See
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, 88 FR 51269 (August 3, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
VerDate Sep<11>2014
18:15 Feb 05, 2024
Jkt 262001
Daye.2 On November 17, 2023,
Commerce extended the deadline for
issuing these final results to January 30,
2024.3 For a complete description of the
events that occurred since the
publication of the Preliminary Results,
see the Issues and Decision
Memorandum.4
Scope of the Order 5
The merchandise covered by the
Order is lawn mowers from China. For
a complete description of the scope of
the Order, see the Issues and Decision
Memorandum.6
8169
countervailable, we find that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.7 For a full
description of the methodology
underlying Commerce’s conclusions,
including any determination that relied
upon the use of adverse facts available,
pursuant to sections 776(a) and (b) of
the Act, see the Issues and Decision
Memorandum.
Final Results of Administrative Review
We determine the following net
countervailable subsidy rate exists for
the period October 30, 2020, through
December 31, 2021:
Analysis of Comments Received
All issues raised by interested parties
in their case briefs are addressed in the
Issues and Decision Memorandum. A
Subsidy
Subsidy
rate for the rate for the
list of the topics discussed in the Issues
period
period
and Decision Memorandum is provided
October
January 1,
in the appendix to this notice. The
30, 2020,
2021,
Issues and Decision Memorandum is a
Company
through
through
public document and is on file
December December
31, 2020
31, 2021
electronically via Enforcement and
(percent
(percent
Compliance’s Antidumping and
ad
ad
Countervailing Duty Centralized
valorem)
valorem)
Electronic Service System (ACCESS).
Ningbo Daye GarACCESS is available to registered users
den Machinery
at https://access.trade.gov. In addition, a
Co., Ltd.8 ...........
9.12
8.57
complete version of the Issues and
Decision Memorandum can be accessed
Disclosure
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Commerce intends to disclose to the
calculations performed in connection
Changes Since the Preliminary Results
with the final results of review within
Based on our analysis of the
five days of a public announcement or,
comments received from interested
if there is no public announcement,
parties and the evidence on the record,
within five days of the date of
we revised the calculation of the net
publication of the notice of final results
countervailable subsidy rate for Ningbo
in the Federal Register, in accordance
Daye. For a full description of these
with 19 CFR 351.224(b).
revisions, see the Issues and Decision
Assessment Rates
Memorandum.
Pursuant to section 751(a)(2)(C) of the
Methodology
Act and 19 CFR 351.212(b)(2),
Commerce conducted this
Commerce has determined, and U.S.
administrative review in accordance
Customs and Border Protection (CBP)
with section 751(a)(1)(A) of the Tariff
shall assess, countervailing duties on all
Act of 1930, as amended (the Act). For
appropriate entries of subject
each of the subsidy programs found
merchandise covered by this review.
Commerce intends to issue assessment
2 See GOC’s Letter, ‘‘Case Brief,’’ dated September
instructions to CBP no earlier than 35
12, 2023; Ningbo Daye’s Letter, ‘‘Ningbo Daye’s
days after the date of publication of the
Case Brief,’’ dated September 12, 2023.
3 See Memorandum, ‘‘Extension of Deadline for
final results of this review in the
Final Results of Countervailing Duty Administrative Federal Register. If a timely summons is
Review; 2020–2021,’’ dated November 17, 2023.
filed at the U.S. Court of International
4 See Memorandum, ‘‘Issues and Decision
Trade, the assessment instructions will
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
direct CBP not to liquidate relevant
Certain Walk-Behind Lawn Mowers and Parts
entries until the time for parties to file
Thereof from the People’s Republic of China; 2020–
a request for a statutory injunction has
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
5 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).
6 See Issues and Decision Memorandum at 2–3.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
7 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.
8 This rate applies to Ningbo Daye and its crossowned companies: Zhejiang Jindaye Holdings
Limited and Ningbo Lingyue.
E:\FR\FM\06FEN1.SGM
06FEN1
8170
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Notices
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amount indicated above for the period
January 1, 2021, through December 31,
2021, 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. For
all non-reviewed firms subject to the
Order, Commerce will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
most recent company-specific or allothers rate (i.e., 15.95 percent) 9
applicable to the company, as
appropriate. These cash deposit
requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an 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 the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates,
and Benchmarks for Measuring
Adequacy of Remuneration
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
9 See
Order, 86 FR at 36703.
VerDate Sep<11>2014
18:15 Feb 05, 2024
Jkt 262001
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
the Export Buyer’s Credit Program
(EBCP)
Comment 2: Whether Commerce Should
Apply AFA to find that the Provision of
Electricity for Less Than Adequate
Remuneration (LTAR) is Specific
Comment 3: Whether Individually-Owned
Cold-Rolled Steel (CRS) Input Suppliers
Are Government Authorities
Comment 4: Whether Commerce Should
Change the Domestic Inland Freight
Benchmarks Used to Measure the Benefit
from the Provision of CRS for LTAR
Comment 5: Whether Commerce Made
Certain Errors in the Benefit Calculations
for the Provision of CRS for LTAR and
the Provision of Electricity for LTAR
Programs
X. Recommendation
[FR Doc. 2024–02293 Filed 2–5–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Open Meeting of the Internet of Things
Advisory Board
National Institute of Standards
and Technology (NIST).
ACTION: Notice of open meeting.
AGENCY:
The Internet of Things (IoT)
Advisory Board will meet Tuesday,
February 27 and Wednesday, February
28, 2024 from 11:00 a.m. until 5:00 p.m.,
eastern time. Both sessions will be open
to the public.
DATES: The Internet of Things (IoT)
Advisory Board will meet Tuesday,
February 27 and Wednesday, February
28, 2024 from 11:00 a.m. until 5:00 p.m.,
eastern time.
ADDRESSES: The meeting will be virtual
via Webex webcast hosted by the
National Cybersecurity Center of
Excellence (NCCoE) at NIST. Please note
registration instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Barbara Cuthill, Information Technology
Laboratory, National Institute of
Standards and Technology, Telephone:
(301) 975–3273, Email address:
barbara.cuthill@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. 1001 et seq.,
notice is hereby given that the IoT
Advisory Board will hold open meetings
on Tuesday, February 27 and
Wednesday, February 28, 2024 from
11:00 a.m. until 5:00 p.m., eastern time.
Both sessions will be open to the public.
The IoT Advisory Board is authorized
SUMMARY:
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
by section 9204(b)(5) of the William M.
(Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021
(Pub. L. 116–283) and advises the IoT
Federal Working Group convened by the
Secretary of Commerce pursuant to
Section 9204(b)(1) of the Act on matters
related to the Federal Working Group’s
activities. Details regarding the IoT
Advisory Board’s activities are available
at https://www.nist.gov/itl/appliedcybersecurity/nist-cybersecurity-iotprogram/internet-things-advisory-board.
The agenda for the February, 2024
meeting is expected to focus on
reviewing final editing of the IoT
Advisory Board’s report for the IoT
Federal Working Group and the
recommendations in that report.
The recommendations and
discussions are expected to focus on the
specific focus areas for the report cited
in the legislation and the charter:
• Smart traffic and transit technologies
• Augmented logistics and supply
chains
• Sustainable infrastructure
• Precision agriculture
• Environmental monitoring
• Public safety
• Health care
In addition, the IoT Advisory Board
may discuss other elements that the
legislation called for in the report:
• whether adequate spectrum is
available to support the growing
Internet of Things and what legal or
regulatory barriers may exist to
providing any spectrum needed in the
future;
• policies, programs, or multistakeholder activities that—
Æ promote or are related to the
privacy of individuals who use or are
affected by the Internet of Things;
Æ may enhance the security of the
Internet of Things, including the
security of critical infrastructure;
Æ may protect users of the Internet of
Things; and
Æ may encourage coordination among
Federal agencies with jurisdiction over
the Internet of Things
Note that agenda items may change
without notice. The final agendas will
be posted on the IoT Advisory Board
web page: https://www.nist.gov/itl/
applied-cybersecurity/nistcybersecurity-iot-program/internetthings-advisory-board.
Public Participation: Written
comments and requests to present
comments orally to the IoT Advisory
Board from the public are invited and
may be submitted electronically by
email to Barbara Cuthill at the contact
information indicated in the FOR
FURTHER INFORMATION CONTACT section of
E:\FR\FM\06FEN1.SGM
06FEN1
]]>Agencies
[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8169-8170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02293]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-130]
Certain Walk-Behind Lawn Mowers and Parts Thereof From the
People's Republic of China: Final Results of Countervailing Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye), a producer/
exporter of certain walk-behind lawn mowers and parts thereof (lawn
mowers) from the People's Republic of China (China), received
countervailable subsidies during the period of review (POR), October
30, 2020, through December 31, 2021.
DATES: Applicable February 6, 2024.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck,
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 August 3, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited interest
parties to comment.\1\ We received timely-filed case briefs from the
Government of China (GOC) and Ningbo Daye.\2\ On November 17, 2023,
Commerce extended the deadline for issuing these final results to
January 30, 2024.\3\ For a complete description of the events that
occurred since the publication of the Preliminary Results, see the
Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See 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, 88 FR 51269 (August 3, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See GOC's Letter, ``Case Brief,'' dated September 12, 2023;
Ningbo Daye's Letter, ``Ningbo Daye's Case Brief,'' dated September
12, 2023.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2020-2021,'' dated
November 17, 2023.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Certain Walk-Behind Lawn Mowers and Parts Thereof from the People's
Republic of China; 2020-2021,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ 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).
---------------------------------------------------------------------------
The merchandise covered by the Order is lawn mowers from China. For
a complete description of the scope of the Order, see the Issues and
Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum at 2-3.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised by interested parties in their case briefs are
addressed in the Issues and Decision Memorandum. A list of the topics
discussed in the Issues and Decision Memorandum is provided in the
appendix to this notice. The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties and the evidence on the record, we revised the calculation of
the net countervailable subsidy rate for Ningbo Daye. For a full
description of these revisions, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we find that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying
Commerce's conclusions, including any determination that relied upon
the use of adverse facts available, pursuant to sections 776(a) and (b)
of the Act, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ 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.
---------------------------------------------------------------------------
Final Results of Administrative Review
We determine the following net countervailable subsidy rate exists
for the period October 30, 2020, through December 31, 2021:
---------------------------------------------------------------------------
\8\ This rate applies to Ningbo Daye and its cross-owned
companies: Zhejiang Jindaye Holdings Limited and Ningbo Lingyue.
------------------------------------------------------------------------
Subsidy Subsidy
rate for rate for
the period the period
October 30, January 1,
2020, 2021,
Company through through
December December
31, 2020 31, 2021
(percent ad (percent ad
valorem) valorem)
------------------------------------------------------------------------
Ningbo Daye Garden Machinery Co., Ltd.\8\..... 9.12 8.57
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to the calculations performed in
connection with the final results of review within five days of a
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise covered by 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
[[Page 8170]]
expired (i.e., within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount indicated above for the period
January 1, 2021, through December 31, 2021, 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. For all non-reviewed firms subject to the Order,
Commerce will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate (i.e., 15.95 percent) \9\ applicable to the company, as
appropriate. These cash deposit requirements, effective upon
publication of these final results, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\9\ See Order, 86 FR at 36703.
---------------------------------------------------------------------------
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: January 30, 2024.
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. Changes Since the Preliminary Results
IV. Scope of the Order
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit Program (EBCP)
Comment 2: Whether Commerce Should Apply AFA to find that the
Provision of Electricity for Less Than Adequate Remuneration (LTAR)
is Specific
Comment 3: Whether Individually-Owned Cold-Rolled Steel (CRS)
Input Suppliers Are Government Authorities
Comment 4: Whether Commerce Should Change the Domestic Inland
Freight Benchmarks Used to Measure the Benefit from the Provision of
CRS for LTAR
Comment 5: Whether Commerce Made Certain Errors in the Benefit
Calculations for the Provision of CRS for LTAR and the Provision of
Electricity for LTAR Programs
X. Recommendation
[FR Doc. 2024-02293 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P
