Notice2021-26428
Walk-Behind Snow Throwers From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
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
December 7, 2021
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigations Nos. 701-TA-666 and 731-TA-1558 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine 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 walk-behind snow throwers from China, provided for in subheading 8430.20.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair- value.
Full Text
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<title>Federal Register, Volume 86 Issue 232 (Tuesday, December 7, 2021)</title>
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[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69294-69295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26428]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-666 and 731-TA-1558 (Final)]
Walk-Behind Snow Throwers From China; Scheduling of the Final
Phase of Countervailing Duty and Anti-Dumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigations Nos.
701-TA-666 and 731-TA-1558 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine 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 walk-behind snow throwers from China,
provided for in subheading 8430.20.00 of the Harmonized Tariff Schedule
of the United States, preliminarily determined by the Department of
Commerce (``Commerce'') to be subsidized and sold at less-than-fair-
value.
DATES: November 5, 2021.
FOR FURTHER INFORMATION CONTACT: Stamen Borisson (202-205-3125),
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 (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``gas-powered, walk-behind snow throwers
(also known as snow blowers), which are snow moving machines that are
powered by internal combustion engines and primarily pedestrian-
controlled. The scope of these investigations covers certain snow
throwers (also known as snow blowers), 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 snow throwing. Subject merchandise
also includes finished and unfinished snow throwers that are further
processed in a third country or in the United States, including, but
not limited to, assembly or any other processing that would not
otherwise remove the merchandise from the scope of these investigations
if performed in the country of manufacture of the in-scope snow
throwers. Specifically excluded is merchandise covered by the scope of
the antidumping and countervailing duty orders on certain vertical
shaft engines between 225cc and 999cc, and parts thereof from the
People's Republic of China. Also specifically excluded is merchandise
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 from the People's Republic of China.'' For Commerce's
complete scope and tariff treatment, see 86 FR 61135, November 5, 2021.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of walk-behind snow throwers, and that such products
are being sold in the United States at less than fair value within the
meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on March 30, 2021, by MTD Products
Inc., Valley City, Ohio.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, 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 C (19
CFR part 207).
Participation in the investigations 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 the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
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, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on March 9,
2022, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on March 23,
2022. Information about the place and form of the hearing, including
about how to participate in and/or view the hearing, will be posted on
the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>. Interested parties should check the Commission's
[[Page 69295]]
website periodically for updates. Requests to appear at the hearing
should be filed in writing with the Secretary to the Commission on or
before March 17, 2022. A nonparty who has testimony that may aid the
Commission's deliberations may request permission to present a short
statement at the hearing. All parties and nonparties desiring to appear
at the hearing and make oral presentations should attend a prehearing
conference to be held at 9:30 a.m. on March 21, 2022. Oral testimony
and written materials to be submitted at the public hearing are
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is March 16, 2022. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is March
30, 2022. In addition, any person who has not entered an appearance as
a party to the investigations may submit a written statement of
information pertinent to the subject of the investigations, including
statements of support or opposition to the petition, on or before March
30, 2022. On April 15, 2022, the Commission will make available to
parties all information on which they have not had an opportunity to
comment. Parties may submit final comments on this information on or
before April 19, 2022, but such final comments must not contain new
factual information and must otherwise comply with Sec. 207.30 of the
Commission's rules. All written submissions must conform with the
provisions of Sec. 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of Sec. Sec.
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
<a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>,
elaborates upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's 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.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: December 1, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-26428 Filed 12-6-21; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on December 7, 2021.
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