Walk-Behind Lawn Mowers from China and Vietnam; Inv. Nos. 701-TA-648 and 731-TA-1521-1522 (Final)

=== Orders - CVD - China === 36702 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Notices 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 86 FR 27379 (May 20, 2021) (Final Determination), and accompanying Issues and Decision Memorandum. 2 See Ningbo Daye’s Letter, ‘‘Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China, Case No. C–570–130: Ningbo Daye’s Ministerial Error Comments,’’ dated May 24, 2021 (Ministerial Error Allegations). 3 See ITC’s Letter, ‘‘Notification of ITC Final Determination,’’ dated July 6, 2021 (ITC Notification Letter). 4 See Ministerial Error Allegations. 5 See Memorandum, ‘‘Countervailing Duty Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Allegation of Ministerial Error in the Final Determination,’’ dated June 17, 2021 (Ministerial Error Memorandum) at 1–2. 6 See ITC Notification Letter. 7 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 85 FR 68848 (October 30, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. DEPARTMENT OF COMMERCE International Trade Administration [C–570–130] 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 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty (CVD) order on certain walk- behind lawn mowers and parts thereof (lawn mowers) from the People’s Republic of China (China). In addition, Commerce is amending its final determination with respect to lawn mowers from China to correct a ministerial error. DATES : Applicable July 13, 2021. FOR FURTHER INFORMATION CONTACT : Tyler Weinhold or Moses Song at (202) 482–1121 or (202) 482–7885, respectively. AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION : Background On May 20, 2021, Commerce published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of lawn mowers from China. 1 Respondent company, Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye) submitted a timely allegation on the record that Commerce made a ministerial error in the final CVD determination on lawn mowers from China.2 Section 705(e) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224(f) define ministerial errors as errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which Commerce considers ministerial. We reviewed the allegation and determined that we made a ministerial error in the final CVD determination on lawn mowers from China. See ‘‘Amendment to the Final Determination’’ section below for further discussion. On July 6, 2021, the ITC notified Commerce of its affirmative final determination that, pursuant to sections 705(b)(1)(A)(i) and 705(d) of the Act, an industry in the United States is materially injured by reason of subsidized imports of subject merchandise from China.3 Scope of the Order The products covered by this order are lawn mowers from China. For a complete description of the scope of this order, see the appendix to this notice. Amendment to the Final Determination On May 24, 2021, Ningbo Daye submitted a timely ministerial error allegation regarding the Final Determination.4 Commerce reviewed the record and on June 17, 2021, issued a memorandum acknowledging that the error alleged by Ningbo Daye constituted a ministerial error within the meaning of section 705(e) of the Act and 19 CFR 351.224(f). 5 Specifically, Commerce found that it had incorrectly transcribed certain data pertaining to Ningbo Daye’s outstanding loans, which resulted in an error in the subsidy rate calculation. Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Determination to reflect the correction of the ministerial error described in the Ministerial Error Memorandum. Based on the correction, the subsidy rate for Ningbo Daye changed from 14.17 percent to 13.67 percent ad valorem. Because the all- others rate is calculated using a weighted average of the individual estimated subsidy rates calculated for mandatory respondents, including Ningbo Daye’s ad valorem subsidy rate, the all-others rate also changed from 16.29 percent to 15.95 percent. Countervailing Duty Order On July 6, 2021, in accordance with section 705(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of lawn mowers from China.6 Therefore, in accordance with section 705(c)(2) of the Act, Commerce is issuing this CVD order. Because the ITC determined that imports of lawn mowers from China are materially injuring a U.S. industry, unliquidated entries of such merchandise from China, entered or withdrawn from warehouse for consumption, are subject to the assessment of CVDs. Therefore, in accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, CVDs for all relevant entries of lawn mowers from China which are entered, or withdrawn from warehouse, for consumption on or after October 30, 2020, the date of publication of the Preliminary Determination,7 but will not include entries occurring after the expiration of the provisional measures period and before the publication of the ITC’s final injury determination under section 705(b) of the Act, as further described in the ‘‘Provisional Measures’’ section of this notice. Continuation of Suspension of Liquidation and Cash Deposits Except as noted in the ‘‘Provisional Measures’’ section of this notice, in accordance with section 706(a)(1) of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of lawn mowers from China. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the net countervailable subsidy rates indicated in the table below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s final affirmative injury determination, CBP must require, at the same time as importers would deposit estimated normal customs duties on subject merchandise, a cash deposit equal to the rates listed in the table below. VerDate Sep<11>2014 17:47 Jul 12, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1 jbell on DSKJLSW7X2PROD with NOTICES 36703Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Notices 8 Commerce determined that, pursuant to 19 CFR 351.525(b)(6)(vi), cross-ownership exists between Ningbo Daye Garden Machinery Co. Ltd. and Zhejiang Jingaye Holdings Ltd. 9 See Preliminary Determination. 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 27384 (May 20, 2021); see also Certain Walk-Behind Lawn Mowers and Parts Thereof from the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 27382 (May 20, 2021). Company Subsidy rate (percent) Zhejiang Amerisun Technology Co., Ltd ................................... 20.98 Ningbo Daye Garden Machinery Co., Ltd 8 ................................. 13.67 All Others .................................... 15.95 Provisional Measures Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months. Commerce published the Preliminary Determination on October 30, 2021.9 The provisional measures period, beginning on the date of publication of the Preliminary Determination, ended on February 26, 2021. Therefore, in accordance with section 703(d) of the Act and our practice, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to CVDs, unliquidated entries of lawn mowers from China entered, or withdrawn from warehouse, for consumption after February 26, 2021, the final day on which the provisional measures were in effect, until and through the day preceding the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determination in the Federal Register. Notification to Interested Parties This notice constitutes the CVD order with respect to lawn mowers from China pursuant to section 706(a) of the Act. Interested parties can find a list of CVD orders currently in effect at http:// enforcement.trade.gov/stats/ iastats1.html. This amended final determination and order is issued and published in accordance with sections 705(d) and 706(a) of the Act and 19 CFR 351.211(b) and 351.224(e). Dated: July 8, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix Scope of the Order The merchandise covered by this order consists of certain rotary walk-behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of this order covers certain walk-behind lawn mowers, whether self-propelled or non-self-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this order are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk- behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For Walk-Behind Power Lawn Mowers under 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this order. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this order. For purposes of this order, an unfinished and/or unassembled lawn mower means, at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this order. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this order regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the antidumping and countervailing duty orders on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the antidumping or countervailing duty orders on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this order. The lawn mowers subject to this order are typically at subheading: 8433.11.0050. Lawn mowers subject to this order may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under this order is dispositive. [FR Doc. 2021–14839 Filed 7–12–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–129, A–552–830] Certain Walk-Behind Lawn Mowers and Parts Thereof From the People’s Republic of China and the Socialist Republic of Vietnam: Antidumping Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty orders on certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People’s Republic of China (China) and the Socialist Republic of Vietnam (Vietnam). DATES : Applicable July 13, 2021. FOR FURTHER INFORMATION CONTACT : Marc Castillo or Fred Baker at 202–482– 0519 and 202–482–2924, respectively (China), and Frank Schmitt or Mark Flessner at 202–482–4880 and 202–482– 6312, respectively (Vietnam); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION : Background On May 20, 2021, Commerce published its affirmative final determinations in the less-than-fair- value (LTFV) investigations of lawn mowers from China and Vietnam. 1 On July 6, 2021, the ITC notified Commerce of its final determinations, pursuant to section 735(d) of the Tariff Act of 1930, as amended (the Act), that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of lawn mowers from VerDate Sep<11>2014 17:47 Jul 12, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Orders - AD/CVD - China - Vietnam === 36703Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Notices 8 Commerce determined that, pursuant to 19 CFR 351.525(b)(6)(vi), cross-ownership exists between Ningbo Daye Garden Machinery Co. Ltd. and Zhejiang Jingaye Holdings Ltd. 9 See Preliminary Determination. 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 27384 (May 20, 2021); see also Certain Walk-Behind Lawn Mowers and Parts Thereof from the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 27382 (May 20, 2021). Company Subsidy rate (percent) Zhejiang Amerisun Technology Co., Ltd ................................... 20.98 Ningbo Daye Garden Machinery Co., Ltd 8 ................................. 13.67 All Others .................................... 15.95 Provisional Measures Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months. Commerce published the Preliminary Determination on October 30, 2021.9 The provisional measures period, beginning on the date of publication of the Preliminary Determination, ended on February 26, 2021. Therefore, in accordance with section 703(d) of the Act and our practice, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to CVDs, unliquidated entries of lawn mowers from China entered, or withdrawn from warehouse, for consumption after February 26, 2021, the final day on which the provisional measures were in effect, until and through the day preceding the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determination in the Federal Register. Notification to Interested Parties This notice constitutes the CVD order with respect to lawn mowers from China pursuant to section 706(a) of the Act. Interested parties can find a list of CVD orders currently in effect at http:// enforcement.trade.gov/stats/ iastats1.html. This amended final determination and order is issued and published in accordance with sections 705(d) and 706(a) of the Act and 19 CFR 351.211(b) and 351.224(e). Dated: July 8, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix Scope of the Order The merchandise covered by this order consists of certain rotary walk-behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of this order covers certain walk-behind lawn mowers, whether self-propelled or non-self-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this order are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk- behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For Walk-Behind Power Lawn Mowers under 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this order. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this order. For purposes of this order, an unfinished and/or unassembled lawn mower means, at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this order. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this order regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the antidumping and countervailing duty orders on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the antidumping or countervailing duty orders on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this order. The lawn mowers subject to this order are typically at subheading: 8433.11.0050. Lawn mowers subject to this order may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under this order is dispositive. [FR Doc. 2021–14839 Filed 7–12–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–129, A–552–830] Certain Walk-Behind Lawn Mowers and Parts Thereof From the People’s Republic of China and the Socialist Republic of Vietnam: Antidumping Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty orders on certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People’s Republic of China (China) and the Socialist Republic of Vietnam (Vietnam). DATES : Applicable July 13, 2021. FOR FURTHER INFORMATION CONTACT : Marc Castillo or Fred Baker at 202–482– 0519 and 202–482–2924, respectively (China), and Frank Schmitt or Mark Flessner at 202–482–4880 and 202–482– 6312, respectively (Vietnam); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION : Background On May 20, 2021, Commerce published its affirmative final determinations in the less-than-fair- value (LTFV) investigations of lawn mowers from China and Vietnam. 1 On July 6, 2021, the ITC notified Commerce of its final determinations, pursuant to section 735(d) of the Tariff Act of 1930, as amended (the Act), that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of lawn mowers from VerDate Sep<11>2014 17:47 Jul 12, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1 jbell on DSKJLSW7X2PROD with NOTICES 36704 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Notices 2 See ITC Notification Letter, Investigation Nos. 701–TA–648 731–TA–1521–1522 (Final), dated July 6, 2021. 3 Id. 4 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 86529 (December 30, 2020) (China Preliminary Determination). 5 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 86534 (December 30, 2020) (Vietnam Preliminary Determination). 6 See China Preliminary Determination; see also Vietnam Preliminary Determination. 7 See, e.g., Certain Corrosion-Resistant Steel Products from India, India, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 (July 25, 2016). China, and is threatened with material injury by reason of LTFV imports of lawn mowers from Vietnam.2 Scope of the Orders The products covered by these orders are lawn mowers from China and Vietnam. For a complete description of the scope of these orders, see the appendix to this notice. Antidumping Duty Orders On July 6, 2021, in accordance with sections 735(b)(1)(A)(i)–(ii) and 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of imports of lawn mowers from China, and is threatened with material injury by reason of imports of lawn mowers from Vietnam.3 Therefore, in accordance with section 735(c)(2) of the Act, we are issuing these antidumping duty orders. Because the ITC determined that imports of lawn mowers from China are materially injuring a U.S. industry and imports of lawn mowers from Vietnam are threatening material injury to a U.S. industry, unliquidated entries of such merchandise from China and Vietnam, which are entered, or withdrawn from warehouse, for consumption are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of lawn mowers from China and Vietnam. With respect to China, antidumping duties will be assessed on unliquidated entries of lawn mowers from China entered, or withdrawn from warehouse, for consumption on or after December 30, 2020, the date of publication of the China Preliminary Determination. 4 With respect to Vietnam, because the ITC’s final determination is based on the threat of material injury, other than threat of material injury described in section 736(b)(1) of the Act, duties shall be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination, pursuant to section 736(b)(2) of the Act. In addition, section 736(b)(2) of the Act requires CBP to release any bond or other security, and refund any cash deposit made of estimated antidumping duties posted since Commerce’s preliminary antidumping duty determination. Accordingly, Commerce will direct CBP to terminate the suspension of liquidation for entries of lawn mowers from Vietnam entered, or withdrawn from warehouse, for consumption prior to the publication of the ITC final determination in the Federal Register. Commerce will also instruct CBP to refund any cash deposits made with respect to entries of lawn mowers from Vietnam entered, or withdrawn from warehouse, for consumption on or after December 30, 2020, (the date of publication of the Vietnam Preliminary Determination 5), but before June 28, 2021 (the date suspension of liquidation was discontinued in accordance with section 733(d) of the Act). Suspension of Liquidation In accordance with section 736 of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of lawn mowers from China, which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s final determination in the Federal Register. Commerce will also instruct CBP to reinstitute the suspension of liquidation of lawn mowers from Vietnam, effective the date of publication of the ITC’s final determination in the Federal Register, and to assess, upon further instruction by Commerce, pursuant to section 736(a)(1) of the Act, antidumping duties for each entry of the subject merchandise equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the tables below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the rates listed below. Provisional Measures Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four- month period to no more than six months. At the request of exporters that account for a significant proportion of lawn mowers from China and Vietnam, Commerce extended the four-month period to six months in each of these investigations. Commerce published the preliminary determinations in these investigations on December 30, 2020.6 The extended provisional measures period, beginning on the date of publication of the Preliminary Determinations, ended on June 27, 2021. Therefore, in accordance with section 733(d) of the Act and our practice,7 Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of lawn mowers from China and Vietnam entered, or withdrawn from warehouse, for consumption after June 27, 2021, the final day on which the provisional measures were in effect, until and through the day preceding the date of publication of the ITC’s final affirmative injury determinations in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determinations in the Federal Register. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins are as follows: China VerDate Sep<11>2014 17:47 Jul 12, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1 jbell on DSKJLSW7X2PROD with NOTICES 36705Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Notices Producer Exporter Estimated weighted- average dumping margin (percent) Cash deposit rates (adjusted for subsidy offsets) (percent) Ningbo Daye Garden Machinery Co., Ltd .................... Ningbo Daye Garden Machinery Co., Ltd .................... 98.73 88.14 Chongqing Dajiang Power Equipment Co., Ltd ........... Chongqing Dajiang Power Equipment Co., Ltd ........... 98.73 88.17 MTD Machinery (Suzhou) Co., Ltd .............................. MTD Machinery (Suzhou) Co., Ltd .............................. 98.73 88.17 Qianjiang Group Wenling Jennfeng Industry, Inc ........ Sumec Hardware & Tools Co., Ltd .............................. 98.73 88.17 Sumec Hardware & Tools Co., Ltd .............................. Sumec Hardware & Tools Co., Ltd .............................. 98.73 88.17 Zhejiang KC Mechanical & Electrical Co., Ltd ............. Sumec Hardware & Tools Co., Ltd .............................. 98.73 88.17 Zhejiang Dobest Power Tools Co., Ltd ........................ Zhejiang Amerisun Technology Co., Ltd ...................... 98.73 88.17 Zhejiang Dobest Power Tools Co., Ltd ........................ Zhejiang Dobest Power Tools Co., Ltd ........................ 98.73 88.17 Zhejiang YAT Electrical Appliance Co., Ltd ................. Zhejiang YAT Electrical Appliance Co., Ltd ................. 98.73 88.17 Zhejiang Zhongjian Technology Co., Ltd ..................... Zhejiang Zhongjian Technology Co., Ltd ..................... 98.73 88.17 China-Wide Entity ......................................................... ....................................................................................... 274.29 263.75 Vietnam Producer Exporter Estimated weighted- average dumping margin (percent) Ducar Technology Co., Ltd ........................................................ Ducar Technology Co., Ltd ........................................................ 148.35 Vietnam-Wide Entity ................................................................... ..................................................................................................... 176.37 Notification to Interested Parties This notice constitutes the antidumping duty orders with respect to lawn mowers from China and Vietnam pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/ stats/iastats1.html. These antidumping duty orders are published in accordance with sections 735(e) and 736(a) of the Act, and 19 CFR 351.224(e) and 19 CFR 351.211(b). Dated: July 8, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix—Scope of the Orders The merchandise covered by these orders consists of certain rotary walk-behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of these orders covers certain walk-behind lawn mowers, whether self-propelled or non-self-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of these orders are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk- behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For Walk-Behind Power Lawn Mowers under 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of these orders. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of these orders. For purposes of these orders, an unfinished and/or unassembled lawn mower means, at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of these orders. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of these orders regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the antidumping and countervailing duty orders on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the antidumping or countervailing duty orders on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of these orders. The lawn mowers subject to these orders are typically at subheading: 8433.11.0050. Lawn mowers subject to these orders may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under these orders is dispositive. [FR Doc. 2021–14840 Filed 7–12–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–427–831] Methionine From France: Antidumping Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing an antidumping VerDate Sep<11>2014 17:47 Jul 12, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - China === This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. Notices Federal Register 86529 Vol. 85, No. 250 Wednesday, December 30, 2020 DEPARTMENT OF AGRICULTURE Office of the Secretary Notice of Request for Renewal of a Currently Approved Information Collection; Correction AGENCY : Office of the Assistant Secretary for Civil Rights. ACTION : Notice; correction. SUMMARY : The Department of Agriculture published a notice in the Federal Register on November 25, 2020 (OMB Control Number: 0508–0002), concerning request for comments on the renewal of a currently approved information collection. The notice contained an incorrect date. FOR FURTHER INFORMATION CONTACT : Denise A. Banks, 202–260–3978 Correction In the Federal Register of November 25, 2020, in FR Volume 85, No. 228, on page 75283, in the second column, correct the ‘‘Expiration Date of Approval:’’ to February 28, 2021. Dated: December 15, 2020. Devon Westhill, Deputy Assistant Secretary for Civil Rights. [FR Doc. 2020–28799 Filed 12–29–20; 8:45 am] BILLING CODE 3410–18–P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request December 22, 2020. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Comments are requested regarding whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the agency’s estimate of burden including the validity of the methodology and assumptions used; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments regarding this information collection received by January 29, 2021 will be considered. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Food Safety and Inspection Service Title: Focus Group Research to Inform Consumer Food Safety Education and Outreach. OMB Control Number: 0583–NEW. Summary of Collection: The Food Safety and Inspection Service (FSIS) has been delegated the authority to exercise the functions of the Secretary (7 CFR 2.18, 2.53), as specified in the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601, et seq.). This statute mandates that FSIS protect the public by verifying that meat products are safe, wholesome, unadulterated, and properly labeled and packaged. FSIS’s Office of Public Affairs and Consumer Education (OPACE) develops consumer education programs concerning the safe handling, preparation, and storage of meat, poultry, and processed egg products to improve consumer food handling behaviors and minimize the incidence of foodborne illness. Need and Use of the Information: OPACE plans to conduct two sets of focus groups with consumers to collect qualitative information on the following topics: (1) Consumers’ understanding and response to food recalls and (2) consumers’ understanding and use of manufacturer cooking instructions on not-ready-to-eat (NRTE) meat and poultry products. A survey questionnaire will be used to screen participants for eligibility. Without the information, FSIS will not have the needed information to effectively communicate with the public and improve consumers’ food safety behaviors. The lack of information will impede the Agency’s ability to provide more useful information to consumers to help reduce foodborne illness in the United States. Description of Respondents: Individuals or households. Number of Respondents: 1,280. Frequency of Responses: Reporting: One time. Total Burden Hours: 411. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. 2020–28800 Filed 12–29–20; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–129] Certain Walk-Behind Lawn Mowers and Parts Thereof From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2019 through March 31, 2020. Interested parties are invited VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 86530 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 1 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 (June 15, 2020). 2 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Respondent Selection,’’ dated August 12, 2020. 3 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 85 FR 48506 (August 11, 2020). 4 See Memorandum, ‘‘Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Decision Memorandum for Preliminary Affirmative Determination of Sales at Less Than Fair Value,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 6 See Initiation Notice. 7 See Memorandum, ‘‘Request for Comments Regarding Scope Overlap,’’ dated November 6, 2020. 8 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Lawn Mowers from the People’s Republic of China and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice. 9 See Initiation Notice, 85 FR at 37421. 10 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. to comment on this preliminary determination. DATES : Applicable December 30, 2020. FOR FURTHER INFORMATION CONTACT : Marc Castillo or Fred Baker, 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) 482–0519 or (202) 482–2924. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on June 15, 2020. 1 We selected Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye) as the mandatory respondent. 2 On August 11, 2020, Commerce postponed the preliminary determination of this investigation, and the revised deadline is now December 22, 2020. 3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II 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 http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are lawn mowers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).6 No interested party commented on the scope of the investigation within the allotted time period. However, on November 6, 2020, Commerce solicited comments from interested parties regarding the overlap in the scope of the antidumping (AD) and countervailing duty (CVD) investigations of lawn mowers from China and the AD investigation of lawn mowers from the Socialist Republic of Vietnam with the scope of the AD and CVD investigations of certain vertical shaft engines and parts thereof from China.7 Certain interested parties submitted comments and rebuttal comments. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Determination Memorandum. 8 As a result of our analysis of comments received, we have preliminarily revised the scope of the investigation. See Appendix I. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a). Because China is a non-market economy within the meaning of section 771(18) of the Act, Commerce has calculated normal value in accordance with section 773(c) of the Act. In addition, Commerce has relied on facts available under section 776(a) of the Act to determine the cash deposit rate assigned to the China-wide entity. Furthermore, pursuant to sections 776(a) and (b) of the Act, because the China-wide entity did not cooperate to the best of its ability in responding to the Commerce’s request for data, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for the China-wide entity. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice, Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation.9 Policy Bulletin 05.1 describes this practice. 10 In this investigation, we calculated producer/exporter combination rates for respondents eligible for separate rates. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer Exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Ningbo Daye Garden Machinery Co., Ltd .................... Ningbo Daye Garden Machinery Co., Ltd .................... 67.95 57.36 Chongqing Dajiang Power Equipment Co., Ltd ........... Chongqing Dajiang Power Equipment Co., Ltd ........... 67.95 57.39 MTD Machinery (Suzhou) Co., Ltd .............................. MTD Machinery (Suzhou) Co., Ltd .............................. 67.95 57.39 Qianjiang Group Wenling Jennfeng Industry Inc ......... Sumec Hardware & Tools Co., Ltd .............................. 67.95 57.39 VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 86531Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 11 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements); Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 12 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). Producer Exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Sumec Hardware & Tools Co., Ltd .............................. Sumec Hardware & Tools Co., Ltd .............................. 67.95 57.39 Zhejiang KC Mechanical & Electrical Co., Ltd ............. Sumec Hardware & Tools Co., Ltd .............................. 67.95 57.39 Zhejiang Dobest Power Tools Co., Ltd ........................ Zhejiang Amerisun Technology Co., Ltd ...................... 67.95 57.39 Zhejiang Dobest Power Tools Co., Ltd ........................ Zhejiang Dobest Power Tools Co., Ltd ........................ 67.95 57.39 Zhejiang YAT Electrical Appliance Co., Ltd ................. Zhejiang YAT Electrical Appliance Co., Ltd ................. 67.95 57.39 Zhejiang Zhongjian Technology Co., Ltd ..................... Zhejiang Zhongjian Technology Co., Ltd ..................... 67.95 57.39 China-Wide Entity ......................................................... ....................................................................................... 84.26 73.72 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise, as described in the scope of the investigation section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above, as follows: (1) For the producer/ exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/ exporters of subject merchandise that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted- average dumping margin established for the China-wide entity; and (3) for all third-county exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or China-wide entity) that supplied that third-country exporter. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the calculated estimated weighted-average dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the Preliminary Determination section’s chart of estimated weighted-average dumping margins above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for the passed-through domestic subsidies or for export subsidies at the time the CVD provisional measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an on- site examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written comments will be provided to interested parties at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.11 Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice. 12 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. 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, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date and time of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 86532 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 13 See Petitioner’s Letter, ‘‘Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Request for Postponement of Final Determination,’’ dated December 7, 2020. 14 See Ningbo Daye’s Letter, ‘‘Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China, Case No. A–570–129: Request to Postpone Final Determination,’’ dated December 9, 2020. event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On December 7, 2020, and December 9, 2020, pursuant to 19 CFR 351.210(e), MTD Products, Inc. (the petitioner) 13 and respondent Ningbo Daye,14 respectively, requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months. In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 22, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation consists of certain rotary walk- behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of the investigation covers certain walk-behind lawn mowers, whether self-propelled or non- self-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts (kw). These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission (CPSC) Safety Standard For Walk-Behind Power Lawn Mowers under the 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency (EPA) air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to this investigation may also enter under HTSUS 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Product Characteristics VII. Discussion of the Methodology VIII. Currency Conversion IX. Adjustment Under Section 777(A)(F) of the Act X. Adjustment to Cash Deposit Rate for Export Subsidies XI. ITC Notification XII. Recommendation [FR Doc. 2020–28852 Filed 12–29–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–810] Stainless Steel Bar From India: Amended Final Results of Antidumping Duty Administrative Review; 2018–2019 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on stainless steel bar (SS Bar) from India to correct a ministerial error. DATES : Applicable December 30, 2020. FOR FURTHER INFORMATION CONTACT : Hermes Pinilla or Allison Hollander, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington DC 20230; telephone: (202) 482–3477 or (202) 482–2805, respectively. VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - Vietnam === 86534 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 1 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 37426 (June 22, 2020) (Initiation Notice). 2 See Memorandum, ‘‘Antidumping Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the Socialist Republic of Vietnam: Identification of Mandatory Respondent,’’ dated July 29, 2020. 3 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 85 FR 48506 (August 11, 2020). 4 See Memorandum, ‘‘Certain Walk-Behind Lawn Mowers from the Socialist Republic of Vietnam: Decision Memorandum for Preliminary Affirmative Determination of Sales at Less Than Fair Value,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 6 See Initiation Notice. 7 See Memorandum, ‘‘Request for Comments Regarding Scope Overlap,’’ dated November 6, 2020. 8 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Lawn Mowers from the People’s Republic of China and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these amended final results of review in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). Dated: December 22, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–28829 Filed 12–29–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–830] Certain Walk-Behind Lawn Mowers and Parts Thereof From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that certain walk-behind lawn mowers and parts thereof (lawn mowers) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2019 through March 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES : Applicable December 30, 2020. FOR FURTHER INFORMATION CONTACT : Frank Schmitt or Mark Flessner, 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) 482–4880 or (202) 482–6312, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on June 22, 2020. 1 We selected Ducar Technology Co., Ltd. (Ducar) as the mandatory respondent. 2 On August 11, 2020, Commerce postponed the preliminary determination of this investigation, and the revised deadline is now December 22, 2020. 3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II 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 http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are certain walk-behind lawn mowers and parts thereof from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). 6 No interested party commented on the scope of the investigation within the allotted time period. However, on November 6, 2020, Commerce solicited comments from interested parties regarding the overlap in the scope of the antidumping (AD) and countervailing duty (CVD) investigations of lawn mowers and the scope of the AD and CVD investigations of certain vertical shaft engines and parts thereof from China, and certain interested parties submitted comments and rebuttal comments.7 For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Determination Memorandum.8 As a result of our analysis of comments received, we have preliminarily revised the scope of the investigation. See Appendix I. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act and constructed export prices in accordance with section 772(b) of the Act. Because Vietnam is a non-market economy, within the meaning of section 771(18) of the Act, Commerce has calculated normal value in accordance with section 773(c) of the Act. In addition, Commerce has relied on facts available under section 776(a) of the Act to determine the cash deposit rate assigned to the Vietnam-wide entity. Furthermore, pursuant to sections 776(a) and (b) of the Act, because the Vietnam-wide entity did not cooperate to the best of its ability in responding to Commerce’s request for data, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences, for the Vietnam- wide entity. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 86535Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 9 See Initiation Notice at 85 FR 12506. 10 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. 11 The Vietnam-wide entity includes Techtronic Cordless GP, a producer or exporter of merchandise under consideration that was issued, but did not respond to, Commerce’s Q&V Questionnaire. 12 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). Combination Rates In the Initiation Notice,9 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.10 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer Exporter Estimated weighted- average dumping margin (percent) Ducar Technology Co., Ltd ........................................................ Ducar Technology Co., Ltd ........................................................ 183.87 Vietnam-Wide Entity 11 ............................................................... ..................................................................................................... 221.34 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise, as described in the scope of the investigation section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above, as follows: (1) For the producer/ exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Vietnam producers/ exporters of subject merchandise that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted- average dumping margin established for the Vietnam-wide entity; and (3) for all third-county exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Vietnam producer/exporter combination (or Vietnam-wide entity) that supplied that third-country exporter. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an on- site examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written comments on non-scope issues will be announced on a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.12 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.13 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. 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, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date and time of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 30, 2020, and December 7, 2020, pursuant to 19 CFR 351.210(e), VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 86536 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 14 See Ducar’s Letter, ‘‘Certain Walk-Behind Lawn Mowers from Vietnam: Conditional Request for Extension of Final Determination,’’ dated November 30, 2020. 15 See Petitioner’s Letter, ‘‘Walk-Behind Lawn Mowers and Parts Thereof from the Socialist Republic of Vietnam: Request for Postponement of Final Determination,’’ dated December 7, 2020. the respondent Ducar 14 and MTD Products, Inc. (the petitioner),15 respectively, requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 6 months. In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 22, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation consists of certain rotary walk- behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of this investigation covers certain walk-behind lawn mowers, whether selfpropelled or non- self-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For Walk- Behind Power Lawn Mowers under the 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to these investigations may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Product Characteristics VII. Affiliation VIII. Discussion of the Methodology IX. Currency Conversion X. ITC Notification XI. Recommendation [FR Doc. 2020–28853 Filed 12–29–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration United States-Mexico-Canada Agreement (USMCA), Article 10.12; Binational Panel Review: Notice of Request for Panel Review AGENCY : United States Section, USMCA Secretariat, International Trade Administration, Department of Commerce. ACTION : Notice of USMCA request for panel review. SUMMARY : A Request for Panel Review was filed on behalf of CGC Inc. with the Canadian Section of the USMCA Secretariat on November 26, 2020, pursuant to USMCA Article 10.12. Panel Review was requested of the decision to not conduct an interim review made by the CITT with respect to Certain Gypsum Board, Sheet, or Panel originating in or exported from the United States of America. The decision to not conduct an interim review was published in the Canada Gazette on October 31, 2020. The USMCA Secretariat has assigned case number CDA–USA–2020–10.12–01 to this request. FOR FURTHER INFORMATION CONTACT : Vidya Desai, Acting United States Secretary, USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION : Article 10.12 of Chapter 10 of USMCA provides a dispute settlement mechanism involving trade remedy determinations issued by the Government of the United States, the Government of Canada, and the Government of Mexico. Following a Request for Panel Review, a Binational Panel is composed to provide judicial review of the trade remedy determination being challenged and then issue a binding Panel Decision. There are established Rules of VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 ──────────────────────────────────────────────────────────── === Determination - CVD - Preliminary - China === 68848 Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices 7 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 8 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). 9 See section 782(b) of the Act; see also Final Rule; and the frequently asked questions regarding the Final Rule, available at https:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 10 See 19 CFR 351.302. 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 85 FR 37426 (June 22, 2020) (Initiation Notice). 2 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 85 FR 46587 (August 3, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of 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). Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). Factual Information Requirements Commerce’s regulations identify five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). These regulations require any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the Final Rule,7 available at https://enforcement.trade.gov/frn/ 2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.8 Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information using the formats provided at the end of the Final Rule.9 Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable certification requirements. Extension of Time Limits Regulation Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by Commerce.10 In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) Q&V questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This policy also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. Please review the Final Rule, available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: October 26, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–24051 Filed 10–29–20; 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: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The 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). The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES : Applicable October 30, 2020. FOR FURTHER INFORMATION CONTACT : Moses Song or Tyler Weinhold, 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) 482–7885 or (202) 482–1121, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on June 22, 2020. 1 On August 3, 2020, Commerce postponed the preliminary determination of this investigation to October 23, 2020. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1 jbell on DSKJLSW7X2PROD with NOTICES 68849Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices 4 See Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof, from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 85 FR 52086 (August 24, 2020); see also Certain Vertical Shaft Engines Between 99cc and Up to 225cc, and Parts Thereof, from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances, in Part, 85 FR 66932 (October 21, 2020). 5 Id. 6 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 7 See Initiation Notice. 8 On September 23, 2020, Ningbo Daye requested permission to file comments on the scope language in the Initiation Notice. Commerce rejected this request because it was submitted after the deadline. 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 See sections 776(a) and (b) of the Act. 11 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Walk-Behind Lawn Mowers from China: Request to Align Final Countervailing Duty Determination with the Companion Antidumping Duty Final Determination,’’ dated October 15, 2020. 12 We calculated the all-others rate as the weighted average of the estimated subsidy rates for Ningbo Daye and Zhejiang Amerisun, using their publicly ranged U.S. export sales value for the subject merchandise because it is closer to the weighted average of the estimated subsidy rates calculated for the mandatory using their business proprietary export sales values than the simple average of the estimated subsidy rates. 13 Commerce preliminarily determines that the following company is cross-owned with Ningbo Daye Garden Machinery Co., Ltd.: Zhejiang Jindaye Holdings Limited. See Preliminary Decision Memorandum at 36. This rate applies to all cross- owned companies. discussed in the Preliminary Decision Memorandum is included as Appendix II 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 http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are lawn mowers from China. For a complete description of the scope of this investigation, see Appendix I. At the time of the filing of the petition, there were ongoing antidumping (AD) and countervailing duty (CVD) investigations on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines), from China. 4 The scope of the small vertical engines from China investigations covers engines ‘‘whether mounted or unmounted, primarily for walk-behind lawn mowers. Engines meeting this physical description may also be for other non- handheld outdoor power equipment, including but not limited to, pressure washers.’’ The small vertical engines scope also provides that ‘‘if a subject engine is imported mounted on such equipment, only the engine is covered by the scope. Subject merchandise includes certain small vertical shaft engines produced in the subject country whether mounted on outdoor power equipment in the subject country or in a third country.’’ 5 This creates an overlap between the scopes of these proceedings. Therefore, for the purpose of Customs and Border Protection (CBP)’s administration, where the engine of a lawn mower is also covered by the scope of the small vertical engines from China CVD proceeding, parties are instructed to enter their merchandise under the CVD case number associated with the small vertical engines proceedings (C–570–125) and post CVDs in accordance with the cash deposit rates applicable in that case. Specifically, at this time, the CVDs will be applicable to the value of the small vertical engine, not the residual value of the mower. We are making no change to the scope of this proceeding at this time. As discussed below, we will be setting aside a separate period of time for parties to comment on this issue. Scope Comments In accordance with the preamble to Commerce’s regulations,6 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).7 No interested parties timely commented on the scope of the investigation and thus Commerce is not changing the scope language as it appeared in the Initiation Notice.8 Commerce will be setting aside a separate period of time for parties to comment on the issue of the overlap in the scopes of the lawn mowers and small vertical engines AD and CVD proceedings. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.9 In making these findings, Commerce is relying, in part, on facts available. Because we find that one or more respondents failed to cooperate by not acting to the best of their ability to respond to Commerce’s requests for information, Commerce drew an adverse inference where appropriate in selecting from among the facts otherwise available. 10 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of lawn mowers from China based on a request made by the petitioner.11 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than March 8, 2021, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated countervailable subsidy rates for Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye) and Zhejiang Amerisun Technology Co. (Zhejiang Amerisun) that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using the mandatory respondents’ publicly ranged U.S. export sales values for the subject merchandise.12 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1 jbell on DSKJLSW7X2PROD with NOTICES 68850 Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices 14 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements); Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 15 See Temporary Rule. Company Subsidy rate (percent) Zhejiang Amerisun Tech- nology Co., Ltd .................. 22.74 Ningbo Daye Garden Ma- chinery Co., Ltd13 ............. 14.68 All Others .............................. 17.19 Suspension of Liquidation In accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose to interested parties its calculations and analysis performed in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification Commerce is currently unable to conduct on-site verification of the information relied upon in making its final determination in this investigation. Accordingly, we intend to take additional steps in lieu of on-site verification. Commerce will notify interested parties of any additional documentation or information required. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Commerce will notify interested parties of the deadline for the submission of case briefs. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs. 14 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. 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, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Parties are reminded that briefs and hearing requests are to be filed electronically using ACCESS and that electronically filed documents must be received successfully in their entirety by 5 p.m. Eastern Time on the due date. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.15 International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: October 23, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation consists of certain rotary walk- behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of the investigation cover certain walk-behind lawn mowers, whether self-propelled or non-self- propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For Walk- Behind Power Lawn Mowers under the 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower sub-assembly does not remove the lawn mower from the scope. A lawn mower is within the scope of this investigation regardless of the origin of its engine. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to this investigation may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Injury Test V. Diversification of China’s Economy VI. Use of Facts Otherwise Available and Adverse Inferences VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1 jbell on DSKJLSW7X2PROD with NOTICES 68851Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof, from the People’s Republic of China,’’ dated March 18, 2020 (the Petition). 2 See Certain Vertical Shaft Engines Between 99cc and Up To 225cc, and Parts Thereof from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 85 FR 20667 (April 14, 2020). 3 See Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof, from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 85 FR 52086 (August 24, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 4 See Petitioner’s Letter, ‘‘Certain Vertical Shaft Engines Between 99cc and Up To 225cc, and Parts Thereof, from the People’s Republic of China: Critical Circumstances Allegation,’’ dated September 24, 2020 (Critical Circumstances Allegation). 5 The final determination for this CVD investigation is currently due no later than December 28, 2020. 6 See 19 CFR 351.206(c)(2)(ii). In this case, 30 days after the petitioner submitted the allegation would place the deadline on Saturday, October 24, 2020. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 7 See Critical Circumstances Allegation at Exhibit 1. 8 Id. 9 Id. at 4–5. 10 Commerce limits its critical circumstances findings to those subsidies contingent upon export performance or use of domestic over imported goods (i.e., those prohibited under Article 3 of the SCM Agreement). See, e.g., Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination: Carbon and Certain Alloy Steel Wire from Germany, 67 FR 55808, 55809–10 (August 30, 2002). 11 See 19 CFR 351.206(i). 12 See 19 CFR 351.206(h)(2). 13 See Preliminary Determination PDM at 29; see also Memorandum, ‘‘Countervailing Duty Continued VII. Subsidies Valuation VIII. Benchmarks and Interest Rates IX. Analysis of Programs X. Calculation of the All-Others Rate XI. Recommendation [FR Doc. 2020–24050 Filed 10–29–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–125] Certain Vertical Shaft Engines Between 99cc and Up to 225cc, and Parts Thereof From the People’s Republic of China: Preliminary Affirmative Determination of Critical Circumstances, in Part, in the Countervailing Duty Investigation AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that critical circumstances exist, in part, with respect to imports of certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from certain producers and exporters from the People’s Republic of China (China). DATES : Applicable October 30, 2020. FOR FURTHER INFORMATION CONTACT : Ajay Menon or Adam Simons, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1993 or (202) 482–6172, respectively. SUPPLEMENTARY INFORMATION : Background On March 18, 2020, Commerce received a countervailing duty (CVD) petition concerning imports of small vertical engines from China filed in proper form on behalf of the petitioner, Briggs & Stratton Corporation. 1 On April 7, 2020, we initiated this investigation, 2 and on August 24, 2020, we published an affirmative Preliminary Determination.3 Commerce selected Chongqing Kohler Engines Ltd. (Chongqing Kohler) and Chongqing Zongshen General Power Machine Co. (Chongqing Zongshen) as the individually-examined respondents in this investigation. On September 24, 2020, the petitioner alleged that critical circumstances exist with respect to imports of small vertical engines from China, pursuant to section 703(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206. 4 In accordance with section 703(e)(1) of the Act and 19 CFR 351.206(c)(1), because the petitioner submitted its critical circumstance allegations more than 30 days before the scheduled date of the final determination, 5 Commerce will make a preliminary finding as to whether there is a reasonable basis to believe or suspect that critical circumstances exist. Commerce will issue its preliminary finding of critical circumstances within 30 days after the petitioner submits the allegation. 6 Period of Investigation (POI) The POI is January 1, 2019 through December 31, 2019. Critical Circumstances Allegation The petitioner alleges that there was a massive increase of imports of small vertical engines from China and provided monthly import data for the period January 2020 through June 2020.7 The petitioner states that a comparison of total imports, by quantity, for the base period January 2020 through March 2020 to the comparison period April 2020 through June 2020, shows that imports of small vertical engines from China increased by 37.01 percent, 8 which is ‘‘massive’’ under 19 CFR 351.206(h)(2). The petitioner also alleges that there is a reasonable basis to believe that there are subsidies in this investigation which are inconsistent with the Subsidies and Countervailing Measures Agreement of the World Trade Organization (SCM Agreement).9 Critical Circumstances Analysis Section 703(e)(1) of the Act provides that Commerce will preliminarily determine that critical circumstances exist in a CVD investigation if there is a reasonable basis to believe or suspect that: (A) The alleged countervailable subsidy is inconsistent with the SCM Agreement; 10 and (B) there have been massive imports of the subject merchandise over a relatively short period. In determining whether there are ‘‘massive imports’’ over a ‘‘relatively short period,’’ pursuant to section 703(e)(1)(B) of the Act and 19 CFR 351.206(h) and (i), Commerce normally compares the import volumes of the subject merchandise for at least three months immediately preceding the filing of the petition (i.e., the base period) to a comparable period of at least three months following the filing of the petition (i.e., the comparison period). However, the regulations also provide that if Commerce finds that importers, or exporters or producers, had reason to believe, at some time prior to the beginning of the proceeding, that a proceeding was likely, Commerce may consider a period of not less than three months from the earlier time.11 Imports must increase by at least 15 percent during the comparison period to be considered massive. 12 Alleged Countervailable Subsidies Are Inconsistent With the SCM Agreement Chongqing Kohler In the Preliminary Determination, we found that Chongqing Kohler received countervailable subsidies under the ‘‘Export Buyer’s Credit Program’’ program, which was found to be export contingent in the Preliminary Determination.13 Thus, because we VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Final - Vietnam === 27382 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 86534 (December 30, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Antidumping Duty Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Ningbo Daye’s Letter, ‘‘Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam, Case Nos. A–570–129, C–570–130, and A– 552–830: Scope Case Brief,’’ dated February 16, 2021. 4 See Petitioner’s Letter, ‘‘Walk-Behind Lawn Mowers and Parts Thereof from Vietnam: Letter in lieu of Scope Case Brief,’’ dated February 16, 2021. 5 See Briggs & Stratton’s Letter, ‘‘Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Petitioner’s Rebuttal Brief on Scope Issues,’’ dated February 23, 2021. 6 See Petitioner’s Letter, ‘‘Walk-Behind Lawn Mowers and Parts Thereof from Vietnam: Letter in lieu of Scope Rebuttal Brief,’’ dated February 23, 2021. 7 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Scope Comments Decision Memorandum for the Final Determinations,’’ dated concurrently with this memorandum. 8 See Commerce’s Letter to Ducar, dated February 2, 2021; see also Ducar’s Letter, ‘‘Certain Walk- Behind Lawn Mowers from Vietnam: ‘Verification’ Supplemental Questionnaire—Response,’’ dated February 9, 2021. 9 See Preliminary Determination PDM at 13. to be Countervailable Based on Adverse Facts Available Comment 7: Whether Certain Parties did not Receive Due Process and Whether Commerce Should Modify the Cash Deposit Rates for Certain Parties Comment 8: Whether the Provision of Electricity for Less Than Adequate Remuneration Program is Specific Comment 9: Whether Commerce’s Selection of Inland Freight Benchmarks for Ningbo Daye Under the Cold-Rolled Steel for Less Than Adequate Remuneration Program Is Correct Comment 10: Whether Commerce Should Include Negative Transaction Benefit Values in the Calculation of Benefits Under the Cold-Rolled Steel for Less Than Adequate Remuneration and Policy Loans Programs IX. Calculation of the All-Others Rate X. Recommendation [FR Doc. 2021–10673 Filed 5–19–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–830] Certain Walk-Behind Lawn Mowers and Parts Thereof From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that imports of certain walk-behind lawn mowers and parts thereof (lawn mowers) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2019, through March 31, 2020. DATES : Applicable May 20, 2021. FOR FURTHER INFORMATION CONTACT : Frank Schmitt or Mark Flessner, 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) 482–4880 or (202) 482–6312, respectively. SUPPLEMENTARY INFORMATION : Background On December 30, 2020, Commerce published its Preliminary Determination of sales at LTFV of lawn mowers from Vietnam. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 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 http://enforcement.trade.gov/frn/. Scope Comments On February 16, 2021, we received timely filed scope case briefs from Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye) 3 and MTD Products, Inc. (the petitioner). 4 On February 23, 2021, we received timely filed rebuttal scope case briefs from Briggs & Stratton, LLC (Briggs & Stratton) 5 and the petitioner.6 For a summary of the scope briefs and rebuttal scope briefs submitted to the record for this investigation, and accompanying discussion and analysis of the scope briefs and rebuttal scope briefs timely received, see the Final Scope Determination Memorandum.7 As a result of our analysis of these scope briefs and rebuttal scope briefs, we have made no changes to the scope language published in the Preliminary Determination. Scope of the Investigation The products covered by this investigation are certain walk-behind lawn mowers and parts thereof from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). 8 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination Based on our analysis of the comments received, we made certain changes to the margin calculation. For a discussion of these changes, see the Issues and Decision Memorandum. Separate Rate Companies No party commented on our preliminary separate rate determination with respect to the mandatory respondent, Ducar Technology Co., Ltd. (Ducar). 9 Thus, there is no basis to reconsider our preliminary determination with respect to separate rate status, and we have continued to grant Ducar a separate rate in this final determination. Vietnam-Wide Entity Rate and the Use of Adverse Facts Available (AFA) Commerce continues to find that the use of facts available is warranted in determining the rate of the Vietnam- wide entity pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Act. As discussed in the Issues and Decision Memorandum, Commerce finds that the use of AFA is warranted with respect to the Vietnam-wide entity because the VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 27383Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices 10 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. 11 The Vietnam-wide entity includes Techtronic Cordless GP, a producer or exporter of merchandise under consideration that was issued, but did not respond to, Commerce’s quantity and value questionnaire. Vietnam-wide entity did not cooperate to the best of its ability to comply with our requests for information and, accordingly, we applied adverse inferences in selecting from the facts available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a). For the final determination, as AFA, we are assigning to the Vietnam-wide entity the highest transaction-specific dumping margin calculated for Ducar, 176.37 percent. Because this constitutes primary information, the statutory corroboration requirement in section 776(c) of the Act does not apply. Combination Rates Consistent with the Preliminary Determination and Policy Bulletin 05.1,10 Commerce calculated combination (producer/exporter) rates for the single respondent eligible for a separate rate in this investigation, Ducar. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: Producer Exporter Estimated weighted-average dumping margin (percent) Ducar Technology Co., Ltd .................................................... Ducar Technology Co., Ltd .................................................... 148.35 Vietnam-Wide Entity 11 ........................................................... ................................................................................................. 176.37 Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of lawn mowers from Vietnam, as described in the appendix to this notice, which were entered, or withdrawn from warehouse, for consumption on or after December 30, 2020, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the weighted- average amount by which the normal value exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/ producer combinations listed in the table above will be the rate identified in the table; (2) for all combinations of Vietnamese exporters/producers of subject merchandise that have not received their own separate rate above, the cash deposit rate will be the cash deposit rate established for the Vietnam- wide entity; and (3) for all non- Vietnamese exporters of subject merchandise which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Vietnamese exporter/ producer combination that supplied that non-Vietnamese exporter. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of subject merchandise from Vietnam no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the disposition 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 the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: May 14, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. Appendix I—Scope of the Investigation The merchandise covered by this investigation consists of certain rotary walk- behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of this investigation covers certain walk-behind lawn mowers, whether self-propelled or non- self-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 27384 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 86529 (December 30, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Antidumping Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Lawn Mowers from the People’s Republic of China and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 22, 2020 (Preliminary Scope Decision Memorandum), uploaded to ACCESS on February 9, 2021. 4 See Memorandum, ‘‘Antidumping Duty and Countervailing Duty Investigations of Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Scope Comments Decision Memorandum for the Final Determinations,’’ dated concurrently with this memorandum (Final Scope Decision Memorandum). typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For Walk- Behind Power Lawn Mowers under 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means, at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to these investigations may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Vietnam-Wide Rate VII. Changes Since the Preliminary Determination VIII. Discussion of the Issues Comment 1: Surrogate Value for Drive Rod Comment 2: Surrogate Value for Rear Cover Shaft Comment 3: Surrogate Value for Side Deflector Pole Comment 4: Surrogate Value for Blade Adapter Comment 5: Surrogate Value for Blade Washer IX. Recommendation [FR Doc. 2021–10672 Filed 5–19–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–129] Certain Walk-Behind Lawn Mowers and Parts Thereof From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that imports of certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2019, through March 31, 2020. DATES : Applicable May 20, 2021. FOR FURTHER INFORMATION CONTACT : Fred Baker or Marc Castillo, 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) 482–2924 or (202) 482–0519, respectively. SUPPLEMENTARY INFORMATION : Background On December 30, 2020, Commerce published its Preliminary Determination of sales at LTFV of lawn mowers from China. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 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 http://enforcement.trade.gov/ frn/. Scope Comments On December 22, 2020, Commerce issued the Preliminary Scope Decision Memorandum in which it determined to modify the language of the scope by excluding from the scope of these investigations lawnmowers that contain an engine covered by the scope of the ongoing AD and CVD proceedings on small vertical engines from China to address the overlap in the scopes of these proceedings.3 Subsequently, we received comments from interested parties regarding the Preliminary Scope Decision Memorandum; we address these comments in the Final Scope Decision Memorandum. 4 As a result of our analysis, the scope of the investigation, as contained in the Preliminary Scope Decision Memorandum, remains unchanged. Scope of the Investigation The products covered by this investigation are certain walk-behind lawn mowers and parts thereof from the People’s Republic of China. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 ──────────────────────────────────────────────────────────── === Determination - AD - Final - China === 27384 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 86529 (December 30, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Antidumping Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Lawn Mowers from the People’s Republic of China and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 22, 2020 (Preliminary Scope Decision Memorandum), uploaded to ACCESS on February 9, 2021. 4 See Memorandum, ‘‘Antidumping Duty and Countervailing Duty Investigations of Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Scope Comments Decision Memorandum for the Final Determinations,’’ dated concurrently with this memorandum (Final Scope Decision Memorandum). typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For Walk- Behind Power Lawn Mowers under 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means, at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to these investigations may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Vietnam-Wide Rate VII. Changes Since the Preliminary Determination VIII. Discussion of the Issues Comment 1: Surrogate Value for Drive Rod Comment 2: Surrogate Value for Rear Cover Shaft Comment 3: Surrogate Value for Side Deflector Pole Comment 4: Surrogate Value for Blade Adapter Comment 5: Surrogate Value for Blade Washer IX. Recommendation [FR Doc. 2021–10672 Filed 5–19–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–129] Certain Walk-Behind Lawn Mowers and Parts Thereof From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that imports of certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2019, through March 31, 2020. DATES : Applicable May 20, 2021. FOR FURTHER INFORMATION CONTACT : Fred Baker or Marc Castillo, 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) 482–2924 or (202) 482–0519, respectively. SUPPLEMENTARY INFORMATION : Background On December 30, 2020, Commerce published its Preliminary Determination of sales at LTFV of lawn mowers from China. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 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 http://enforcement.trade.gov/ frn/. Scope Comments On December 22, 2020, Commerce issued the Preliminary Scope Decision Memorandum in which it determined to modify the language of the scope by excluding from the scope of these investigations lawnmowers that contain an engine covered by the scope of the ongoing AD and CVD proceedings on small vertical engines from China to address the overlap in the scopes of these proceedings.3 Subsequently, we received comments from interested parties regarding the Preliminary Scope Decision Memorandum; we address these comments in the Final Scope Decision Memorandum. 4 As a result of our analysis, the scope of the investigation, as contained in the Preliminary Scope Decision Memorandum, remains unchanged. Scope of the Investigation The products covered by this investigation are certain walk-behind lawn mowers and parts thereof from the People’s Republic of China. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 27385Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices 5 See Commerce’s Letter, dated February 26, 2021; see also Ningbo Daye Letter, ‘‘Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China, Case No. A–570–129: Response to Questions 1–4 of Questionnaire in Lieu of Verification,’’ dated March 8, 2021; ‘‘Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China, Case No. A–570–129: Response to Questionnaire in Lieu of Verification,’’ dated March 8, 2021. 6 See Preliminary Determination PDM at 10–15. 7 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping Duties on Certain Walk- Behind Lawn Mowers from the People’s Republic of China and the Socialist Republic of Vietnam and Countervailing Duties on Certain Walk-Behind Lawn Mowers from the People’s Republic of China,’’ dated May 26, 2020; and Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Certain Walk-Behind Lawn Mowers from the People’s Republic of China: Supplemental Questionnaire Response Volume II,’’ dated June 2, 2020 at Exhibit S–II–6. 8 See Issues and Decision Memorandum. 9 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).5 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. Separate Rate Companies No party commented on our preliminary separate rate determinations with respect to the mandatory respondent and the non- individually examined companies, or on the methodology applied to calculate the margin for separate rate companies.6 Thus, there is no basis to reconsider our preliminary determinations with respect to separate rate status, and we have continued to grant these parties a separate rate in this final determination. China-Wide Entity Rate and the Use of Adverse Facts Available Commerce continues to find that the use of facts available is warranted in determining the rate for the China-wide entity pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Act. As discussed in the Issues and Decision Memorandum, Commerce finds that the use of adverse facts available (AFA) is warranted with respect to the China-wide entity because the China-wide entity did not cooperate to the best of its ability to comply with our requests for information and, accordingly, we applied adverse inferences in selecting from the facts available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a). For the final determination, as AFA, we are assigning to the China-wide entity a rate of 274.29 percent, which is a rate from the Petition.7 We find this rate to be corroborated in accordance with section 776(c) of the Act.8 Combination Rates Consistent with the Preliminary Determination and Policy Bulletin 05.1,9 Commerce calculated combination (producer/exporter) rates for the respondents that are eligible for a separate rate in this investigation. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: Producer Exporter Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Ningbo Daye Garden Machinery Co., Ltd ............ Ningbo Daye Garden Machinery Co., Ltd ............ 98.73 88.14 Chongqing Dajiang Power Equipment Co., Ltd ... Chongqing Dajiang Power Equipment Co., Ltd ... 98.73 88.17 MTD Machinery (Suzhou) Co., Ltd ....................... MTD Machinery (Suzhou) Co., Ltd ...................... 98.73 88.17 Qianjiang Group Wenling Jennfeng Industry Inc Sumec Hardware & Tools Co., Ltd ...................... 98.73 88.17 Sumec Hardware & Tools Co., Ltd ...................... Sumec Hardware & Tools Co., Ltd ...................... 98.73 88.17 Zhejiang KC Mechanical & Electrical Co., Ltd ..... Sumec Hardware & Tools Co., Ltd ...................... 98.73 88.17 Zhejiang Dobest Power Tools Co., Ltd ................ Zhejiang Amerisun Technology Co., Ltd .............. 98.73 88.17 Zhejiang Dobest Power Tools Co., Ltd ................ Zhejiang Dobest Power Tools Co., Ltd ................ 98.73 88.17 Zhejiang YAT Electrical Appliance Co., Ltd ......... Zhejiang YAT Electrical Appliance Co., Ltd ......... 98.73 88.17 Zhejiang Zhongjian Technology Co., Ltd ............. Zhejiang Zhongjian Technology Co., Ltd ............. 98.73 88.17 China-Wide Entity ................................................. ............................................................................... 274.29 263.75 Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of lawn mowers from China, as described in the appendix to this notice, which were entered, or withdrawn from warehouse, for consumption on or after December 30, 2020, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the weighted- average amount by which the normal value exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/ producer combinations listed in the table above will be the rate identified in the table; (2) for all combinations of Chinese exporters/producers of subject merchandise that have not received their own separate rate above, the cash deposit rate will be the cash deposit rate established for the China-wide entity; and (3) for all non-Chinese exporters of subject merchandise which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/producer combination that supplied that non-Chinese exporter. These suspension of liquidation instructions will remain in effect until further notice. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted—average dumping VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 27386 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices 10 See Memorandum, ‘‘Antidumping Duty Investigation of Certain Walk-Behind Lawn Mowers from the People’s Republic of China; Post- Preliminary Determination,’’ dated February 11, 2021 at 3; Issues and Decision Memorandum at ‘‘Adjustment under Section 777A(f) of the Act.’’ 11 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, dated concurrently with this notice. 12 See instructions issued to CBP, Message Number 1060404, dated 03/01/2021, publicly available at https://aceservices.cbp.dhs.gov/ adcvdweb/#. margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce makes an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated weighted-average dumping margin by the appropriate rates. In this final determination, we have determined that parties have not met the criteria to qualify for a domestic pass-through adjustment. 10 However, we have continued to adjust the cash deposit rates for Ningbo Daye, all non- individually-examined companies, and the China-wide entity for export subsidies found in the companion CVD investigation by the appropriate export subsidy rates 11 as indicated in the above chart. However, suspension of liquidation of provisional measures in the companion CVD case has been discontinued effective February 27, 2021; 12 therefore, we are not instructing CBP to collect cash deposits based upon the adjusted estimated weighted-average dumping margin for those export subsidies at this time. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of subject merchandise from China no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition 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 the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: May 14, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. Appendix I—Scope of the Investigation The merchandise covered by this investigation consists of certain rotary walk- behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of this investigation covers certain walk-behind lawn mowers, whether self-propelled or non- self-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For Walk- Behind Power Lawn Mowers under 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means, at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to this investigation may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. China-Wide Rate VII. Adjustment Under Section 777A(f) of the Act VIII. Adjustments to Cash Deposit Rates for Export Subsidies IX. Changes Since the Preliminary Determination X. Discussion of the Issues Comment 1: Financial Statements Comment 2: Global Trade Atlas (GTA) Data from Turkey Comment 3: Surrogate Value for Grass Catcher Bags VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 27387Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices Comment 4: Movement Expense Adjustments to Import Statistics Comment 5: Surrogate Value for Triangle Belt Comment 6: Ministerial Errors Comment 7: Close-Supplier Relationship Comment 8: Due Process Comment 9: Assignment of Fujian Spring to the China-Wide Entity XI. Recommendation [FR Doc. 2021–10674 Filed 5–19–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Conference on Weights and Measures 106th Annual Meeting AGENCY : National Institute of Standards and Technology, Commerce. ACTION : Notice. SUMMARY : The 106th Annual Meeting of the National Conference on Weights and Measures (NCWM) will be held using a combined video conferencing platform for on-line attendance, and in-person at the Hyatt Regency Rochester in Rochester, New York, from Sunday, July 18, 2021, through Friday, July 23, 2021. This notice contains information about significant items on the NCWM Committee agendas but does not include all agenda items. As a result, the items are not consecutively numbered. DATES : The 106th Annual Meeting will be held from Sunday, July 18, 2021, through Friday, July 23, 2021. The meeting schedule will be available on the NCWM website at www.ncwm.com. ADDRESSES : This meeting will be held using a combined video conferencing (virtual) platform and in-person at the Hyatt Regency Rochester, 125 E Main St., Rochester, New York 14604. FOR FURTHER INFORMATION CONTACT : Dr. Douglas Olson, NIST, Office of Weights and Measures (OWM), 100 Bureau Drive, Stop 2600, Gaithersburg, MD 20899–2600. You may also contact Dr. Olson at (301) 975–2956 or by email at douglas.olson@nist.gov. The meeting is open to the public, but a paid registration is required. Please see the NCWM website (www.ncwm.com) to view the meeting agendas, registration forms, and hotel reservation information. SUPPLEMENTARY INFORMATION : Publication of this notice on the NCWM’s behalf is undertaken as a public service and does not itself constitute an endorsement by the National Institute of Standards and Technology (NIST) of the content of the notice. NIST participates in the NCWM as an NCWM member and pursuant to 15 U.S.C. 272(b)(10) and (c)(4) and in accordance with Federal policy (e.g., OMB Circular A–119 ‘‘Federal Participation in the Development and Use of Voluntary Consensus Standards’’). The NCWM is an organization of weights and measures officials of the states, counties, and cities of the United States, and representatives from the private sector and federal regulatory agencies. These meetings can bring these government officials together with representatives of business, industry, trade associations, and consumer organizations to discuss proposed laws and regulations and other subjects related to the field of weights and measures technology, administration, and enforcement. NIST hosted the first meeting of the NCWM in 1905. Since then, the conference has provided a model of cooperation between Federal, State, and local governments and the private sector. NIST participates to encourage cooperation between federal agencies and the states in the development of legal metrology requirements. NIST also promotes uniformity in state laws, regulations, and testing procedures used in the regulatory control of commercial weighing and measuring devices, packaged goods, and for other trade and commerce issues. The NCWM has established multiple Committees, Task Groups, and other working bodies to address legal metrology issues of interest to regulatory officials, industry, consumers, and others. The following are brief descriptions of some of the significant agenda items that will be considered by some of the NCWM Committees at the NCWM Annual Meeting. Comments will be taken on these and other issues during several public comment sessions. At this stage, the items are proposals. This meeting will also have a voting session to ratify results of the 105th NCWM Annual Meeting virtual Vote. 85 FR 77170 (Dec. 1, 2020). The NCWM was unable to conduct an in-person meeting due to the COVID–19 pandemic and therefore held the 105th Annual Meeting using a video conferencing platform. Under the NCWM Bylaws and Roberts Rules of Order in effect at the time of the 105th NCWM Annual Meeting, items approved by a virtual vote are effective upon ratification at the next in-person meeting. NCWM petitioned the District Court of Lancaster County, Nebraska and received a court order allowing conducting virtual votes to ratify the results of the 105th NCWM Annual Meeting and to conduct virtual votes of all items of the 106th Annual Meeting. These notices are intended to make interested parties aware of these development projects and to make them aware that reports on the status of the project will be given at the 2021 Annual Meeting. The notices are also presented to invite the participation of manufacturers, experts, consumers, users, and others who may be interested in these efforts. The Specifications and Tolerances Committee (S&T Committee) will consider proposed amendments to NIST Handbook 44, ‘‘Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices’’ (NIST HB 44). Those items address weighing and measuring devices used in commercial applications, that is, devices that are used to buy from or sell to the public or used for determining the quantity of products or services sold among businesses. Issues on the agenda of the NCWM Laws and Regulations Committee (L&R Committee) relate to proposals to amend NIST Handbook 130, ‘‘Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality’’ (NIST HB 130) and NIST Handbook 133, ‘‘Checking the Net Contents of Packaged Goods’’ (NIST HB 133). NCWM S&T Committee (S&T 106th Annual Meeting) The following items are proposals to amend NIST HB 44: Block 2 Items (B2) Define True Value for Use in Error Calculations BLK–2: (SCL–20.3, SCL–20.4, SCL–20.5, SCL–20.6, SCL–20.7, and SCL–20.8) The S&T Committee will further consider a proposal that has been designated as an ‘‘Assigned’’ item, meaning that further development will be done by a Task Group formed by the NCWM. The Task Group assigned to this item has submitted a ‘‘Final Report’’ to the Committee; however, the Task Group noted also that the report may benefit from further vetting. This ‘‘block’’ proposal includes six individual items related to the application of requirements based on that application to either ‘‘e’’ (the verification scale division) or ‘‘d’’ (the minimum scale division). Adoption of this proposal will have a significant effect on the regulation of scales, particularly where the values of ‘‘e’’ and ‘‘d’’ are not equal. VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 ──────────────────────────────────────────────────────────── === Determination - CVD - Final - China === 27379Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Continued 40I subject to the existing activation limit of FTZ 40, on behalf of Swagelok Company, in Eastlake, Ohio. The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (86 FR 15455–15456, March 23, 2021). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to expand Subzone 40I was approved on May 14, 2021, subject to the FTZ Act and the Board’s regulations, including Section 400.13, and further subject to FTZ 40’s 2,000-acre activation limit. Dated: May 14, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–10614 Filed 5–19–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–40–2021] Foreign-Trade Zone (FTZ) 107—Polk County, Iowa; Notification of Proposed Production Activity Cycle Force Group, LLC (Electric and Non-Electric Cycles), Ames, Iowa Cycle Force Group, LLC (Cycle Force) submitted a notification of proposed production activity to the FTZ Board for its facilities in Ames, Iowa. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on May 13, 2021. A separate application has been submitted for FTZ designation at the company’s facilities under FTZ 107. The facilities are used for production of bicycles, electric bicycles, tricycles, and quadracycles. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Cycle Force from customs duty payments on the foreign-status components used in export production. On its domestic sales, for the foreign- status materials/components noted below, Cycle Force would be able to choose the duty rates during customs entry procedures that apply to bicycles (electric, children’s, BMX, mountain, folding, and road racing), tricycles, and quadracycles (duty rate ranges from duty-free to 11.00%). Cycle Force would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The components and materials sourced from abroad include: Plastic water bottles; cables (derailleur; brake); handlebar tape (plastic; rubber; leather; suede); bicycle tires; rubber rim strips (natural; synthetic); bicycle inner tubes; baskets (woven wicker; plastic; steel wire); glass mirrors; bicycle chains; carriers and racks (iron; steel; aluminum; steel wire; vinyl covered wire); bike spoke nipples (brass; aluminum); non-electric bells; electric bike motors; lithium-ion batteries; battery or generator powered lighting; complete frames (aluminum; steel; magnesium; carbon fiber); front forks for mountain, road, BMX, and children’s bicycles; alloy or steel eyelets, bosses, and plugs for frame building; pre-cut sets of steel tubing for frames; rims and spokes (aluminum; steel; carbon fiber); aluminum hubs (quick-release; two- speed; three-speed); hubs with more than three speeds (steel; composite); freewheel sprockets (single speed; multi-speed); brakes and brake levers (caliper; cantilever); brakes (hub type; disk; linear pull); saddles or seats for bicycles; pedals; cotterless cranks; levers (click-style shift; derailleur); twist grip shifters; derailleurs; aluminum handlebar stems; shifters for three-speed hubs; fenders (polycarbonate; plastic; steel; aluminum; lead); handlebars (steel; aluminum; carbon fiber); kickstands (steel; aluminum); rear suspension shocks; chain guards; chain tension adjustors; bicycle headsets for stems and forks; wide-angle reflectors; seat posts; chain tensioners; and, assembled wheels (duty rate ranges from duty-free to 10%). The request indicates that certain materials/components are subject to duties under Section 232 of the Trade Expansion Act of 1962 (Section 232) or Section 301 of the Trade Act of 1974 (Section 301), depending on the country of origin. The applicable Section 232 and Section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is June 29, 2021. A copy of the notification will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Juanita Chen at juanita.chen@trade.gov or 202–482–1378. Dated: May 17, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–10676 Filed 5–19–21; 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 Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) 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). DATES : Applicable May 20, 2021. FOR FURTHER INFORMATION CONTACT : Moses Song or Tyler Weinhold, 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) 482–7885 or (202) 482–1121, respectively. SUPPLEMENTARY INFORMATION : Background The petitioner in this investigation is MTD Products, Inc. In addition to the Government of China (GOC), the mandatory respondents in this investigation are Zhejiang Amerisun Technology Co., Ltd. (Zhejiang Amerisun) and Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye). On October 30, 2020, Commerce published in the Federal Register the Preliminary Determination and aligned this final determination with the final antidumping duty (AD) determination, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4)(i). 1 On VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 27380 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices Determination with Final Antidumping Duty Determination, 85 FR 68848 (October 30, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Analysis of Uncreditworthiness Allegations,’’ dated March 5, 2021 (Post-Preliminary Determination). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Lawn Mowers from the People’s Republic of China and the Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum,’’ dated December 22, 2020 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Scope Comments Decision Memorandum for the Final Determinations’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). 6 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. 7 See Preliminary Decision Memorandum at ‘‘Use of Facts Otherwise Available and Adverse Inferences’’; see also Issues and Decision Memorandum at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ 8 See Post-Preliminary Determination. 9 See Commerce’s Letters, ‘‘Countervailing Duty Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: In Lieu of On-Site Verification Questionnaire,’’ dated February 27, 2021; and ‘‘Countervailing Duty Investigation of Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China: In Lieu of On-Site Verification Questionnaire—Ningbo Daye Garden Machinery Co., Ltd.,’’ dated March 5, 2021. 10 See Preliminary Determination, 85 FR at 68849; see also Memorandum, ‘‘Countervailing Duty Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China; Revised All-Others Calculation for the Final Determination,’’ dated concurrently with this memorandum. 11 Commerce has found that the following company is cross-owned with Ningbo Daye Garden Machinery Co., Ltd.: Zhejiang Jindaye Holdings Limited. This rate applies to all cross-owned companies. March 5, 2021, Commerce issued a Post- Preliminary Determination regarding the petitioner’s creditworthiness allegations. 2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice. 3 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 http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. Period of Investigation The period of investigation is January 1, 2019, through December 31, 2019. Scope of the Investigation The products covered by this investigation are lawn mowers from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this and the concurrent AD investigation, Commerce received scope comments from interested parties. On December 22, 2020, Commerce issued a Preliminary Scope Decision Memorandum to address these comments, and modified the scope language as it appeared in the Preliminary Determination to address the scope overlap issue between the lawn mowers proceedings and the antidumping and countervailing duty investigations of certain vertical shaft engines between 99cc and up to 225cc, and parts thereof from China.4 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum. 5 In the Final Scope Decision Memorandum, Commerce is not modifying the scope language as it appeared in the Preliminary Scope Decision Memorandum. See Appendix I for the final scope of this investigation. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties raised is attached to this notice at Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce is relying, in part, on facts otherwise available, including adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of AFA, see the Preliminary Determination and the section ‘‘Use of Facts Otherwise Available and Adverse Inference’’ in the accompanying Issues and Decision Memorandum.7 Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, as well as additional information collected in questionnaires issued subsequent to the Preliminary Determination, and our Post-Preliminary Determination, 8 we made certain changes to subsidy rate calculations for Zhejiang Amerisun and Ningbo Daye. For a discussion of these changes, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act.9 All-Others Rate We continue to calculate the all- others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents (Zhejiang Amerisun and Ningbo Daye) using each company’s publicly-ranged data for the value of their exports to the United States of subject merchandise.10 Final Determination Commerce determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent) Zhejiang Amerisun Technology Co., Ltd ................................... 20.98 Ningbo Daye Garden Machinery Co., Ltd.11 ............................... 14.17 All Others .................................... 16.29 Disclosure Commerce intends to disclose to interested parties its calculations and analysis performed in this final determination within five days of its public announcement, or if there is no public announcement, within five days VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 27381Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices of the date of publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise from China that were entered, or withdrawn from warehouse, for consumption, effective October 30, 2020, which is the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, effective February 27, 2021, we instructed CBP to discontinue the suspension of liquidation of all entries at that time, but to continue the suspension of liquidation of all entries between October 30, 2020, and February 26, 2021. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, and continue to require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of the final affirmative determination that countervailable subsidies are being provided to producers and exporters of lawn mowers from China. Because the final determination in this proceeding is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured or threatened with material injury. In addition, we are making available to the ITC all non- privileged and nonproprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding APO In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the 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/ 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 violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 771(i) of the Act, and 19 CFR 351.210(c). Dated: May 14, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. Appendix I—Scope of the Investigation The merchandise covered by this investigation consists of certain rotary walk- behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of this investigation covers certain walk-behind lawn mowers, whether self-propelled or non- self-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For Walk- Behind Power Lawn Mowers under 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small non- road spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means, at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A 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. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to this investigation may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. Appendix II—List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Subsidies Valuation VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Analysis of Comments Comment 1: Whether Individually-Owned Cold-Rolled Steel Input Suppliers are ‘‘Authorities’’ Comment 2: Whether the Application of Facts Available is Warranted in Constructing Benchmark Inland Freight Charges Used for the Benefit Calculation for Zhejiang Amerisun under the Provision of Cold-Rolled Steel for Less Than Adequate Remuneration Program Comment 3: Whether Commerce Committed a Ministerial Error in the Benefit Calculation for a Certain Subsidy Reported by Zhejiang Amerisun Comment 4: Whether Commerce Should Remove Inland Freight and Value Added Tax from the Cold-Rolled Steel Benchmark under the Provision of Cold- Rolled Steel for Less Than Adequate Remuneration Program Comment 5: Whether Commerce Improperly Found that Zhejiang Dobest was Uncreditworthy in 2017 and 2018 Comment 6: Whether Commerce Should Find the Export Buyers Credit Program VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 27382 Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Notices 1 See Certain Walk-Behind Lawn Mowers and Parts Thereof From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 86534 (December 30, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Antidumping Duty Investigation of Certain Walk-Behind Lawn Mowers and Parts Thereof from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Ningbo Daye’s Letter, ‘‘Certain Walk-Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam, Case Nos. A–570–129, C–570–130, and A– 552–830: Scope Case Brief,’’ dated February 16, 2021. 4 See Petitioner’s Letter, ‘‘Walk-Behind Lawn Mowers and Parts Thereof from Vietnam: Letter in lieu of Scope Case Brief,’’ dated February 16, 2021. 5 See Briggs & Stratton’s Letter, ‘‘Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Petitioner’s Rebuttal Brief on Scope Issues,’’ dated February 23, 2021. 6 See Petitioner’s Letter, ‘‘Walk-Behind Lawn Mowers and Parts Thereof from Vietnam: Letter in lieu of Scope Rebuttal Brief,’’ dated February 23, 2021. 7 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Certain Walk- Behind Lawn Mowers and Parts Thereof from the People’s Republic of China and the Socialist Republic of Vietnam: Scope Comments Decision Memorandum for the Final Determinations,’’ dated concurrently with this memorandum. 8 See Commerce’s Letter to Ducar, dated February 2, 2021; see also Ducar’s Letter, ‘‘Certain Walk- Behind Lawn Mowers from Vietnam: ‘Verification’ Supplemental Questionnaire—Response,’’ dated February 9, 2021. 9 See Preliminary Determination PDM at 13. to be Countervailable Based on Adverse Facts Available Comment 7: Whether Certain Parties did not Receive Due Process and Whether Commerce Should Modify the Cash Deposit Rates for Certain Parties Comment 8: Whether the Provision of Electricity for Less Than Adequate Remuneration Program is Specific Comment 9: Whether Commerce’s Selection of Inland Freight Benchmarks for Ningbo Daye Under the Cold-Rolled Steel for Less Than Adequate Remuneration Program Is Correct Comment 10: Whether Commerce Should Include Negative Transaction Benefit Values in the Calculation of Benefits Under the Cold-Rolled Steel for Less Than Adequate Remuneration and Policy Loans Programs IX. Calculation of the All-Others Rate X. Recommendation [FR Doc. 2021–10673 Filed 5–19–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–830] Certain Walk-Behind Lawn Mowers and Parts Thereof From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that imports of certain walk-behind lawn mowers and parts thereof (lawn mowers) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2019, through March 31, 2020. DATES : Applicable May 20, 2021. FOR FURTHER INFORMATION CONTACT : Frank Schmitt or Mark Flessner, 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) 482–4880 or (202) 482–6312, respectively. SUPPLEMENTARY INFORMATION : Background On December 30, 2020, Commerce published its Preliminary Determination of sales at LTFV of lawn mowers from Vietnam. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 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 http://enforcement.trade.gov/frn/. Scope Comments On February 16, 2021, we received timely filed scope case briefs from Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye) 3 and MTD Products, Inc. (the petitioner). 4 On February 23, 2021, we received timely filed rebuttal scope case briefs from Briggs & Stratton, LLC (Briggs & Stratton) 5 and the petitioner.6 For a summary of the scope briefs and rebuttal scope briefs submitted to the record for this investigation, and accompanying discussion and analysis of the scope briefs and rebuttal scope briefs timely received, see the Final Scope Determination Memorandum.7 As a result of our analysis of these scope briefs and rebuttal scope briefs, we have made no changes to the scope language published in the Preliminary Determination. Scope of the Investigation The products covered by this investigation are certain walk-behind lawn mowers and parts thereof from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). 8 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination Based on our analysis of the comments received, we made certain changes to the margin calculation. For a discussion of these changes, see the Issues and Decision Memorandum. Separate Rate Companies No party commented on our preliminary separate rate determination with respect to the mandatory respondent, Ducar Technology Co., Ltd. (Ducar). 9 Thus, there is no basis to reconsider our preliminary determination with respect to separate rate status, and we have continued to grant Ducar a separate rate in this final determination. Vietnam-Wide Entity Rate and the Use of Adverse Facts Available (AFA) Commerce continues to find that the use of facts available is warranted in determining the rate of the Vietnam- wide entity pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Act. As discussed in the Issues and Decision Memorandum, Commerce finds that the use of AFA is warranted with respect to the Vietnam-wide entity because the VerDate Sep<11>2014 17:36 May 19, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 ──────────────────────────────────────────────────────────── === USITC Determination – Final === 36304 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT : Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION : Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 6, 2021, ordered that — (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) Whether there is a violation of subsection (a)(1)(C) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of the Asserted Trademarks, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (b) whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, or in the sale of certain products identified in paragraph (2), by reason of false designation of source or trademark dilution, the threat or effect of which is to destroy or substantially injure an industry in the United States; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘casual footwear with holes in the upper and such footwear’s packaging’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Crocs, Inc., 13601 Via Varra, Broomfield, Colorado 80020. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Cape Robbin Inc., 1943 West Mission Blvd., Bldg. F, Pomona, CA 91766 Bijora, Inc., d/b/a Akira, 200 N Fairfield Ave., Chicago, IL 60612 Dr. Leonard’s Healthcare Corp. d/b/a Carol Wright, 100 Nixon Ln., Edison, NJ 08837 Crocsky, 1401 Lavaca St., Austin, TX 78701 Fullbeauty Brands Inc. d/b/a Kingsize, 1 New York Plaza, New York, NY 10004 Hawkins Footwear, Sports, Military & Dixie Store, 6083 New Jesup Hwy., Suite J, Brunswick, GA 31523 Hobibear Shoes and Clothing Ltd., 173 N 17th Ct., Brighton, CO 80601 Hobby Lobby Stores, Inc., 707 SW 44th St., Oklahoma City, OK 73179 Ink Tee, 811 Wilshire Blvd., Los Angeles, CA 90017 La Modish Boutique, 1773 W San Bernardino Rd., Suite B25, West Covina, CA 91790 Legend Footwear, Inc., d/b/a Wild Diva, 19445 E Walnut Drive North, City of Industry, CA 91789 Loeffler Randall Inc., 588 Broadway, Ste. 1203, New York, NY 10012 Maxhouse Rise Ltd., Flat A, 25/F, United Centre, 95 Queensway, Hong Kong PW Shoes, Inc. a/k/a P&W, 5830 Grand Ave., 3a, Maspeth, NY 11378 SG Footwear Meser Grp. Inc. a/k/a S. Goldberg & Co., 3 University Plz #400, Hackensack, NJ 07601 Shoe-Nami, Inc., 91 Westbank Expressway, Gretna, LA 70053 Skechers USA, Inc., 228 Manhattan Beach Blvd., Manhattan Beach, CA 90266 Star Bay Group Inc., 390–400 Railroad Ave., Hackensack, NJ 07601 Yoki Fashion International LLC, 1410 Broadway, Suite 1005, New York, NY 10018 Quanzhou ZhengDe Network Corp., d/b/a Amoji, Rm. C–409, No. 2 YanZhi Gallery, Licheng District, Quanzhou, Fujian Province, China 362002 718 Closeouts, 1181 Liberty Ave., Brooklyn, NY 11208 Royal Deluxe Accessories, LLC, 165 Spring St., New Providence, NJ 07974 Fujian Huayuan Well Import and Export Trade Co., Ltd., Rm. 02, Connector of Hongyuan Building 1 and 2, No. 246 Hualin Road, Huada Residential District, Gulou District, Fuzhou, Fujian Province, China 350001 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: July 6, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–14653 Filed 7–8–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–648 and 731– TA–1521–1522 (Final)] Walk-Behind Lawn Mowers From China and Vietnam Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of walk-behind lawn mowers from China found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the VerDate Sep<11>2014 17:01 Jul 08, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\09JYN1.SGM 09JYN1 jbell on DSKJLSW7X2PROD with NOTICES 36305Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices government of China, and threatened with material injury by reason of imports of walk-behind lawn mowers from Vietnam found by Commerce to be sold at LTFV, provided for in subheading 8433.11.00 of the Harmonized Tariff Schedule of the United States. Background The Commission instituted these investigations effective May 26, 2020, following receipt of petitions filed with the Commission and Commerce by MTD Products, Inc., Valley City, Ohio. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of walk-behind lawn mowers from China were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and that imports of walk-behind lawn mowers from China and Vietnam were sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on January 29, 2021 (86 FR 7565). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through video conference on May 18, 2021. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on July 6, 2021. The views of the Commission are contained in USITC Publication 5209 (July 2021), entitled Walk-Behind Lawn Mowers from China and Vietnam: Investigation Nos. 701–TA–648 and 731–TA–1521–1522 (Final). By order of the Commission. Issued: July 6, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–14649 Filed 7–8–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1545 (Final)] Utility Scale Wind Towers From Spain; Scheduling of the Final Phase of Anti- Dumping Duty Investigation AGENCY : United States International Trade Commission. ACTION : Notice. DATES : June 25, 2021. FOR FURTHER INFORMATION CONTACT : Julie Duffy ((202) 708–2579), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Effective March 19, 2021, the Commission established a general schedule for the conduct of the final phase of its investigations on utility scale wind towers (‘‘wind towers’’) from India, Malaysia, and Spain (86 FR 20197, April 16, 2021), following preliminary determinations by the U.S. Department of Commerce (‘‘Commerce’’) that imports of subject wind towers from India and Malaysia were subsidized by the governments of India and Malaysia (86 FR 15887, March 25, 2021; and 86 FR 15897, March 25, 2021) and imports of subject wind towers from Spain were being sold in the United States at less than fair value (86 FR 17354, April 2, 2021). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on April 16, 2021 (86 FR 20197). Counsel for the Wind Tower Trade Coalition withdrew its previously filed request to appear at the hearing, after no other parties submitted a request to appear, and indicated a willingness to submit written responses to any Commission questions in lieu of an actual hearing. Consequently, since no party to the investigation requested a hearing, the Commission canceled its hearing in connection with these investigations (86 FR 31730). Parties to these investigations responded to written questions posed by the Commission in their posthearing briefs. Commerce has issued a final affirmative countervailing duty determination with respect to wind towers from Malaysia (86 FR 30593, June 9, 2021). The Commission is scheduled to issue its final determination as to whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of wind towers from Malaysia provided for in subheadings 7308.20.00 and 8502.31.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) that have been found by Commerce to be subsidized by the government of Malaysia by July 26, 2021. Commerce recently has issued a final affirmative antidumping duty determination with respect to wind towers from Spain (86 FR 33656, June 25, 2021). Accordingly, the Commission currently is issuing a supplemental schedule for its antidumping duty investigation on imports of wind towers from Spain. This supplemental schedule is as follows: The deadline for filing supplemental party comments on Commerce’s final antidumping duty determination is July 7, 2021. Supplemental party comments may address only Commerce’s final antidumping duty determination regarding imports of wind towers from Spain. These supplemental final comments may not contain new factual information and may not exceed five (5) pages in length. The supplemental staff report in the final phase of this investigation regarding subject imports from Spain will be placed in the nonpublic record on July 19, 2021, and a public version will be issued thereafter. For further information concerning these investigations see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless VerDate Sep<11>2014 17:01 Jul 08, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\09JYN1.SGM 09JYN1 jbell on DSKJLSW7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Scheduling === 33710 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices Docket Services Division (202–205– 1802), or consult the Commission’s Handbook on Filing Procedures. Confidential Business Information. Any submissions that contain confidential business information must also conform to the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘non-confidential’’ version, and that the confidential business information is clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. As requested by the Committee, the Commission will not include any confidential business information in the report that it sends to the Committee or makes available to the public. However, all information, including confidential business information, submitted in this investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel for cybersecurity purposes. The Commission will not otherwise disclose any confidential business information in a manner that would reveal the operations of the firm supplying the information. Summaries of Written Submissions: The Commission intends to publish summaries of the positions of interested persons in an appendix to the report. Persons wishing to have a summary of their position included in the report should include a summary with their written submission. The summary may not exceed 500 words, should be in a format that can be easily converted to MS Word, and should not include any confidential business information. The summary will be published as provided if it meets these requirements and is germane to the subject matter of the investigation. The Commission will identify the name of the organization furnishing the summary and will include a link to the Commission’s Electronic Document Information System (EDIS) where the full written submission can be found. By order of the Commission. Issued: May 27, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–11760 Filed 6–1–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–648 and 731– TA–1521–1522 (Preliminary)] Walk-Behind Lawn Mowers From China and Vietnam; Institution of Anti- Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701–TA–648 and 731–TA–1521–1522 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of walk-behind lawn mowers from China and Vietnam, provided for in subheading 8433.11.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce (‘‘Commerce’’) extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by July 10, 2020. The Commission’s views must be transmitted to Commerce within five business days thereafter, or by July 17, 2020. DATES : May 26, 2020. FOR FURTHER INFORMATION CONTACT : Nitin Joshi (202) 708–1669), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to a petition filed on May 26, 2020, by MTD Products Inc., Valley City, Ohio. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission is VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 33711Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices conducting its Title VII (antidumping and countervailing duty) preliminary phase staff conferences through submissions of written opening remarks and written testimony, staff questions and written responses to those questions, and postconference briefs. Requests to participate in these written proceedings should be emailed to preliminaryconferences@usitc.gov (DO NOT FILE ON EDIS) on or before June 12, 2020. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to participate by submitting a short statement. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Written submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before June 19, 2020, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written opening remarks and testimony to the Commission on or before June 12, 2020. Staff questions will be provided to the parties on June 16, 2020, and written responses should be submitted to the Commission on or before June 19, 2020. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Certification.—Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of these or related investigations or reviews, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. By order of the Commission. Issued: May 27, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–11762 Filed 6–1–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–506 and 508 and 731–TA–1238–1243 (Review)] Non-Oriented Electrical Steel From China, Germany, Japan, Korea, Sweden, and Taiwan; Scheduling of Full Five-Year Reviews AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the countervailing duty orders on non-oriented electrical steel from China and Taiwan and revocation of the antidumping duty orders on non- oriented electrical steel from China, Germany, Japan, Korea, Sweden, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days. DATES : May 27, 2020. FOR FURTHER INFORMATION CONTACT : Julie Duffy (202–708–2579), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background.—On February 4, 2020, the Commission determined that responses to its notice of institution of the subject five-year reviews were such that full reviews should proceed (85 FR 8325, February 13, 2020); accordingly, full reviews are being scheduled pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements are available from the Office of the Secretary and at the Commission’s website. Participation in the reviews and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in these reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, by 45 days after publication of this notice. A party that filed a notice of appearance following publication of the Commission’s notice of institution of the reviews need not file an additional notice of appearance. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews. For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1 khammond on DSKJM1Z7X2PROD with NOTICES