Notice2021-14840
Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China and the Socialist Republic of Vietnam: Antidumping Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 13, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 86 Issue 131 (Tuesday, July 13, 2021)</title>
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[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36703-36705]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14840]
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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
[[Page 36704]]
China, and is threatened with material injury by reason of LTFV imports
of lawn mowers from Vietnam.\2\
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\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).
\2\ See ITC Notification Letter, Investigation Nos. 701-TA-648
731-TA-1521-1522 (Final), dated July 6, 2021.
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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.
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\3\ Id.
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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\
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\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).
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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).
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\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).
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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\
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\6\ See China Preliminary Determination; see also Vietnam
Preliminary Determination.
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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.
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\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).
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
China
[[Page 36705]]
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Cash deposit
Estimated rates
weighted- (adjusted for
Producer Exporter average subsidy
dumping margin offsets)
(percent) (percent)
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Ningbo Daye Garden Machinery Co., Ltd......... Ningbo Daye Garden Machinery 98.73 88.14
Co., Ltd.
Chongqing Dajiang Power Equipment Co., Ltd.... Chongqing Dajiang Power 98.73 88.17
Equipment Co., Ltd.
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 98.73 88.17
Co., Ltd.
Zhejiang Dobest Power Tools Co., Ltd.......... Zhejiang Dobest Power Tools Co., 98.73 88.17
Ltd.
Zhejiang YAT Electrical Appliance Co., Ltd.... Zhejiang YAT Electrical 98.73 88.17
Appliance Co., Ltd.
Zhejiang Zhongjian Technology Co., Ltd........ Zhejiang Zhongjian Technology 98.73 88.17
Co., Ltd.
China-Wide Entity............................. ................................ 274.29 263.75
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Vietnam
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Estimated
weighted-
Producer Exporter average
dumping margin
(percent)
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Ducar Technology Co., Ltd......... Ducar Technology 148.35
Co., Ltd.
Vietnam-Wide Entity............... .................... 176.37
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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 <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
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
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</html>Indexed from Federal Register on July 13, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.