[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37426-37429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13384]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-130]
Certain Walk-Behind Lawn Mowers and Parts Thereof From the
People's Republic of China: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 15, 2020.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Jacob
Garten, 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) 482-1280
or (202) 482-3342, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On May 26, 2020, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
certain walk-behind lawn mowers and parts thereof (lawn mowers) from
the People's Republic of China (China) filed in proper form on behalf
of MTD Products, Inc. (the petitioner).\1\ The Petition was accompanied
by an antidumping duty (AD) petition concerning imports of lawn mowers
from China and the Socialist Republic of Vietnam.
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\1\ 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 (the Petition).
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On May 29, 2020, Commerce requested supplemental information
pertaining to certain aspects of the Petition,\2\ to which the
petitioner filed responses on June 2, 2020.\3\
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\2\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Walk-
Behind Lawn Mowers and Parts Thereof from the People's Republic of
China and the Socialist Republic of Vietnam: General Issues
Supplemental Questions,'' and ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Walk-Behind Lawn Mowers
and Parts Thereof from the People's Republic of China: Supplemental
Questions,'' both dated May 29, 2020.
\3\ See Petitioner's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Certain Walk-Behind Lawn Mowers
from the People's Republic of China and the Socialist Republic of
Vietnam, and Countervailing Duties from the People's Republic of
China: General Issues Supplemental Questions Response Volume I,''
(General Issues Supplement), and ``Petitions for the Imposition of
Countervailing Duties on Imports of Certain Walk-Behind Lawn Mowers
from the People's Republic of China: Supplemental Questionnaire
Response Volume IV,'' both dated June 2, 2020.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of lawn mowers in
China and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing lawn mowers in the
United States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is supported by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigation.\4\
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\4\ See ``Determination of Industry Support for the Petition''
section, infra.
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Period of Investigation
Because the Petition was filed on May 26, 2020, the period of
investigation (POI) is January 1, 2019 through December 31, 2019.\5\
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\5\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The merchandise covered by this investigation is lawn mowers from
China. For a full description of the scope of this investigation, see
the appendix to this notice.
Comments on Scope of the Investigation
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\6\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\7\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on July 6, 2020, which is 20 calendar days from the signature date
of this notice.\8\ Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on July 16, 2020, which is
10 calendar days from the initial comment deadline.\9\
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\6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\8\ Commerce's practice dictates that where a deadline falls on
a weekend or Federal holiday, the appropriate deadline is the next
business day (in this instance, May 11, 2020). 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).
\9\ See 19 CFR 351.303(b).
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must also be filed
on the record of the concurrent AD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's (E&C's) Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
unless an exception applies.\10\ An electronically filed document must
be received successfully
[[Page 37427]]
in its entirety by the time and date it is due.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it the
opportunity for consultations with respect to the CVD Petition.\11\ The
GOC requested consultations, which were held on June 12, 2020.\12\
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\11\ See Commerce's Letter, ``Certain Walk-Behind Lawn Mowers
and Parts Thereof from the People's Republic of China: Invitation
for Consultation to Discuss the Countervailing Duty Petition,''
dated June 1, 2020.
\12\ See Memorandum, ``Certain Walk-Behind Lawn Mowers and Parts
Thereof from the People's Republic of China Countervailing Duty
Petition: Consultations with the Government of the People's Republic
of China,'' dated June 15, 2020.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989),
cert. denied 492 U.S. 919 (1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\15\ Based on our analysis of the information
submitted on the record, we have determined that lawn mowers, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\16\
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\15\ See Volume I of the Petition at 18-24.
\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: Certain
Walk-Behind Lawn Mowers from the People's Republic of China (China
CVD Initiation Checklist) at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Certain Walk-Behind Lawn Mowers from the People's Republic
of China and the Socialist Republic of Vietnam (Attachment II). This
checklist is dated concurrently with this notice and on file
electronically via ACCESS.
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On June 10, 2020, we received comments on industry support from
Sumec Hardware & Tools Co., Ltd. (Sumec), a Chinese producer of subject
merchandise, and Merotec Inc (Merotec), an importer of subject
merchandise.\17\ The petitioner responded to the industry support
comments on June 11, 2020.\18\ On June 12, 2020, we received
surrebuttal comments from Sumec and Merotec with regard to the
petitioner's June 11, 2020 comments.\19\ The petitioner responded to
these surrebuttal industry support comments on June 15, 2020.\20\
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\17\ See Sumec and Merotec's Letter, ``Walk-Behind Lawn Mowers
and Parts Thereof from the People's Republic of China, Request to
the Department to Poll the Industry,'' dated June 10, 2020.
\18\ See Petitioner's Letter, ``Investigations on Certain Walk-
Behind Lawn Mowers from the People's Republic of China and the
Socialist Republic of Vietnam, and Countervailing Duties from the
People's Republic of China, Inv. Nos. 731-1521-1522 and 701-TA-648
(Preliminary): Response to Sumec Hardware & Tools Co., Ltd.'s
Request to the Department to Poll the Industry,'' dated June 11,
2019.
\19\ See Sumec and Merotec's Letter, ``Walk-Behind Lawn Mowers
and Parts Thereof from the People's Republic of China, Reply to
Petitioner's Response to the Request to Poll the Industry,'' dated
June 12, 2020.
\20\ See Petitioner's Letter, ``Investigations on Certain Walk-
Behind Lawn Mowers from the People's Republic of China and the
Socialist Republic of Vietnam, and Countervailing Duties from the
People's Republic of China, Inv. Nos. 731-1521-1522 and 701-TA-648
(Preliminary): Response to Sumec Hardware & Tools Co., Ltd.'s Reply
to Petitioner's Response to the Request to Poll the Industry,''
dated June 15, 2019.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
2019 shipments of the domestic like product.\21\ To estimate the 2019
shipments for the entire U.S. lawn mowers industry, the petitioner
relied on 2019 shipment data reported by the Outdoor Power Equipment
Institute and made certain adjustments to reflect total shipments by
U.S. producers of lawn mowers.\22\ The petitioner estimated the
production of the domestic like product for the entire domestic
industry based on shipment data, because production data for the entire
domestic industry are not available, and shipments are a close
approximation of production in the lawn mowers industry.\23\ We relied
on data provided by the petitioner for purposes of measuring industry
support.\24\
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\21\ See Volume I of the Petition at 4-5 and Exhibit I-2; see
also General Issues Supplement at 7 and Exhibit S-I-5.
\22\ See Volume I of the Petition at 4-5 and Exhibit I-1, I-2,
and I-23; see also General Issues Supplement at 7 and Exhibit S-I-5.
\23\ See Volume I of the Petition at 4-5 and Exhibit I-23.
\24\ Id. at 4-5 and Exhibits I-1, I-2, and I-23; see also
General Issues Supplement at 7 and Exhibit S-I-5. For further
discussion, see Attachment II of the China CVD Initiation Checklist.
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Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\25\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g.,
[[Page 37428]]
polling).\26\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\27\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\28\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\29\
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\25\ See Attachment II of the China CVD Initiation Checklist.
\26\ Id.; see also section 702(c)(4)(D) of the Act.
\27\ See Attachment II of the China CVD Initiation Checklist.
\28\ Id.
\29\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\30\
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\30\ See Volume I of the Petition at 24-25 and Exhibit I-8.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
declining market share; underselling and price depression and
suppression; lost sales and revenues; declines in shipments, capacity
utilization, and capital expenditures; plant closures and declines in
employment variables; and declining profitability.\31\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\32\
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\31\ Id. at 27-40 and Exhibits I-8 through I-11, I-20 through I-
22, and I-24; see also General Issues Supplement at 2 and Exhibit S-
I-1.
\32\ See China CVD Initiation Checklists at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Walk-Behind Lawn Mowers and Parts Thereof from the
People's Republic of China and the Socialist Republic of Vietnam
(Attachment III).
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Initiation of CVD Investigation
Based upon our examination of the Petition and supplemental
responses, we find that the Petition meets the requirements of section
702 of the Act. Therefore, we are initiating a CVD investigation to
determine whether imports of lawn mowers from China benefit from
countervailable subsidies conferred by the GOC. Based on our review of
the Petition, we find that there is sufficient information to initiate
a CVD investigation on all but one of the alleged programs.\33\ For a
full discussion of the basis for our decision to initiate on each
program, see China CVD Initiation Checklist. A public version of the
initiation checklist for this investigation is available on ACCESS. In
accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our preliminary determination no later
than 65 days after the date of this initiation.
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\33\ We are also limiting the investigation on two other
programs for lack of supporting information as to certain aspects of
the allegations.
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Respondent Selection
The petitioner named 46 companies in China as producers/exporters
of lawn mowers.\34\ Commerce intends to follow its standard practice in
CVD investigations and calculate company-specific subsidy rates in this
investigation. In the event Commerce determines that the number of
companies is large and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of lawn mowers from China during
the POI under the appropriate Harmonized Tariff Schedule of the United
States numbers listed in the ``Scope of the Investigation,'' in the
appendix.
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\34\ See Volume I of the Petition at 17.
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On June 11, 2020, Commerce released CBP data on imports of lawn
mowers from China under administrative protective order (APO) to all
parties with access to information protected by APO and indicated that
interested parties wishing to comment on the CBP data must do so within
three business days of the publication date of the notice of initiation
of this investigation.\35\ We further stated that we will not accept
rebuttal comments.
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\35\ See Memorandum, ``Certain Walk-Behind Lawn Mowers, and
Parts Thereof, from the People's Republic of China Countervailing
Duty Petition: Release of Customs Data from U.S. Customs and Border
Protection,'' dated June 11, 2020.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on E&C's website at http://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
Commerce intends to finalize its decisions regarding respondent
selection within 20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. Furthermore, to the extent practicable,
Commerce will attempt to provide a copy of the public version of the
Petition to each exporter named in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of lawn mowers from China are materially
injuring, or threatening material injury to, a U.S. industry.\36\ A
negative ITC determination will result in the investigation being
terminated.\37\ Otherwise, this investigation will proceed according to
statutory and regulatory time limits.
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\36\ See section 703(a)(1) of the Act.
\37\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19
[[Page 37429]]
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). Section
351.301(b) of Commerce's regulations requires any party, when
submitting factual information, to specify under which subsection of 19
CFR 351.102(b)(21) the information is being submitted \38\ 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.\39\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in this
investigation.
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\38\ See 19 CFR 351.301(b).
\39\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\40\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
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 a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests
or factual information in this investigation.
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\40\ See 19 CFR 351.302.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\41\
Parties must use the certification formats provided in 19 CFR
351.303(g).\42\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\41\ See section 782(b) of the Act.
\42\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation should ensure that
they meet the requirements of these procedures (e.g., the filing of
letters of appearance as discussed at 19 CFR 351.103(d)). Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
July 17, 2020, unless extended.\43\
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\43\ See 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 29615 (May 18, 2020).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: June 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--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.
[FR Doc. 2020-13384 Filed 6-19-20; 8:45 am]
BILLING CODE 3510-DS-P