[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Notices]
[Pages 30683-30684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10901]
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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: Postponement of
Preliminary Determination in the Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 20, 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 April 7, 2020, the Department of Commerce (Commerce) initiated a
countervailing duty (CVD) investigation of imports of certain vertical
shaft engines between 99cc and up to 225cc, and parts thereof, from the
People's Republic of China.\1\ Currently, the preliminary determination
is due no later than June 11, 2020.
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\1\ 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) (Initiation Notice).
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Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a CVD
investigation within 65 days after the date on which Commerce initiated
the investigation. However, section 703(c)(1) of the Act permits
Commerce to postpone the preliminary determination until no later than
130 days after the date on which Commerce initiated the investigation
if: (A) The petitioner makes a timely request for a postponement; or
(B) Commerce concludes that the parties concerned are cooperating, that
the investigation is extraordinarily complicated, and that additional
time is necessary to make a preliminary determination. Under 19 CFR
351.205(e), the petitioner must submit a request for postponement 25
days or more before the scheduled date of the preliminary determination
and must state the reasons for the request. Commerce will grant the
request unless it finds compelling reasons to deny the request.\2\
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\2\ See 19 CFR 351.205(e).
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On May 12, 2020, the petitioner \3\ submitted a timely request that
Commerce postpone the preliminary CVD determination.\4\ The petitioner
requests postponement of the preliminary determination because the
[[Page 30684]]
current deadline does not provide adequate time for Commerce to receive
questionnaire responses and issue deficiency questionnaires, especially
in light of the global COVID-19 pandemic. Furthermore, the petitioner
stated that additional time will permit interested parties sufficient
time to develop the record in this investigation.\5\
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\3\ The petitioner is Briggs and Stratton Corporation.
\4\ See Petitioner's Letter, ``Certain Vertical Shaft Engines
Between 99cc and 225cc, and Parts Thereof, from China: Request to
Postpone Preliminary Determination,'' dated May 12, 2020.
\5\ Id.
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In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary determination,
and Commerce finds no compelling reason to deny the request. Therefore,
in accordance with section 703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the preliminary determination to August 17,
2020, the next business day after 130 days after the date on which this
investigation was initiated.\6\ Pursuant to section 705(a)(1) of the
Act and 19 CFR 351.210(b)(1), the deadline for the final determination
of this investigation will continue to be 75 days after the date of the
preliminary determination.
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\6\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on Saturday, August 15, 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).
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This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: May 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-10901 Filed 5-19-20; 8:45 am]
BILLING CODE 3510-DS-P