Notice2022-10789
Certain Walk-Behind Snow Throwers and Parts Thereof From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders
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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
May 19, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on certain walk-behind snow throwers and parts thereof (snow throwers) from the People's Republic of China (China).
Full Text
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<title>Federal Register, Volume 87 Issue 97 (Thursday, May 19, 2022)</title>
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[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30448-30450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10789]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-141, C-570-142]
Certain Walk-Behind Snow Throwers and Parts Thereof From the
People's Republic of China: Antidumping Duty and Countervailing Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on certain walk-behind snow throwers
and parts thereof (snow throwers) from the People's Republic of China
(China).
DATES: Applicable May 19, 2022.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita (AD) and Joy Zhang
(CVD), AD/CVD Operations, Office III, Enforcement and Compliance, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-5848 or 202-482-1168, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on March 29, 2022, Commerce published its
affirmative final determination of sales at less than fair value (LTFV)
and its affirmative final determination that countervailable subsidies
are being provided to producers and exporters of snow throwers from
China.\1\
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\1\ See Certain Walk-Behind Snow Throwers from the People's
Republic of China: Final Affirmative Determination of Sales at Less
Than Fair Value, 87 FR 17984 (March 29, 2022); see also Certain
Walk-Behind Snow Throwers from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, 87 FR 17987 (March
29, 2022).
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On May 11, 2022, pursuant to sections 705(d) and 735(d) of the Act,
the ITC notified Commerce of its final affirmative determinations that
an industry in the United States is materially injured by reason of
LTFV imports and subsidized imports of snow throwers from China, within
the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the
Act.\2\
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\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated May 11, 2022 (ITC Notification Letter).
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Scope of the Orders
The products covered by these orders are snow throwers from China.
For a full description of the scope of the orders, see the appendix to
this notice.
AD Order
As stated above, on May 11, 2022, in accordance with section 735(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 735(b)(1)(A)(i) of the Act by reason of imports of
snow throwers from China that are sold in the United States at LTFV.\3\
Therefore, in accordance with section 735(c)(2) of the Act, we are
issuing this AD order. Because the ITC determined that imports of snow
throwers 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 antidumping duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce intends to 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 snow throwers from China. Antidumping duties will
be assessed on unliquidated entries of snow throwers from China
entered, or withdrawn from warehouse, for consumption on or after
November 5, 2021, the date of publication of the AD Preliminary
Determination, but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.\4\
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\4\ See Certain Walk-Behind Snow Throwers from the People's
Republic of China: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of the Final Determination and
Extension of Provisional Measures, 86 FR 61135 (November 5, 2021)
(AD Preliminary Determination).
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Continuation of Suspension of Liquidation--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, in accordance with section 735(c)(1)(B)
[[Page 30449]]
of the Act, Commerce intends to instruct CBP to continue to suspend
liquidation on all relevant entries of snow throwers from China. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the table below, adjusted by the relevant subsidy offsets. 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 normally deposit estimated
customs duties on subject merchandise, a cash deposit equal to the
rates listed in the table below.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter Producer average dumping subsidy offsets)
margin (percent) (percent)
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Zhejiang Zhouli Industrial Co., Ltd...... Zhejiang Zhouli Industrial 163.27 142.19
Co., Ltd.
Ningbo Scojet Import & Export Trade Co., Ninghai Yiyi Garden Tools 163.27 142.19
Ltd. Co., Ltd.
Sumec Hardware and Tools Co., Ltd........ Zhejiang KC Mechanical & 163.27 142.19
Electrical Co., Ltd.
Zhejiang Amerisun Technology Co., Ltd.... Zhejiang Dobest Power Tools 169.27 142.19
Co., Ltd.
Zhejiang KC Mechanical & Electrical Co., Zhejiang KC Mechanical & 169.27 142.19
Ltd. Electrical Co., Ltd.
China-Wide Entity........................ ........................... 223.07 201.99
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Provisional Measures--AD
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 snow throwers from China, Commerce extended the four-month period to
six months in this AD investigation. Commerce published the AD
Preliminary Determination on November 5, 2021.\5\
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\5\ See AD Preliminary Determination.
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The extended provisional measures period, beginning on the date of
publication of the AD Preliminary Determination, ended on May 3, 2022.
Therefore, in accordance with section 733(d) of the Act and our
practice, Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of snow throwers from China entered, or withdrawn
from warehouse, for consumption after May 3, 2022, 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.
CVD Order
As stated above, on May 11, 2022, in accordance with section 705(d)
of the Act, the ITC notified Commerce of its final determination that
the 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 snow throwers 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 snow throwers from China are
materially injuring a U.S. industry, unliquidated entries of subject
merchandise from China entered, or withdrawn from warehouse, for
consumption, are subject to the assessment of countervailing duties.
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\6\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instruction by Commerce,
countervailing duties for all relevant entries of snow throwers from
China, which are entered, or withdrawn from warehouse, for consumption
on or after September 10, 2021, the date of publication of the CVD
Preliminary Determination, 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--
CVD'' section of this notice.\7\
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\7\ See Certain Walk-Behind Snow Throwers and Parts Thereof from
the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Determination, 86 FR 50696
(September 10, 2021) (CVD Preliminary Determination).
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of snow
throwers from China, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of subject
merchandise in an amount based on the net countervailable subsidy rates
below. On or after the date of publication of the ITC's final injury
determination in the Federal Register, CBP must require, at the same
time as importers would normally deposit estimated customs duties on
this merchandise, a cash deposit equal to the rates listed in the table
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate:
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Subsidy
Company rate
(percent)
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Zhejiang Zhouli Industrial Co................................ 203.06
Changzhou Globe Tools Co., Ltd............................... 203.06
Nanjing Chervon Industry Co., Ltd............................ 203.06
Ningbo Daye Garden Machinery Co., Ltd........................ 203.06
Ningbo Joyo Garden Machinery Co., Ltd........................ 203.06
Ningbo Scojet Import & Export Trading........................ 203.06
TIYA International Co., Ltd.................................. 203.06
Weima Agricultural Machinery Co., Ltd........................ 203.06
Zhejiang Yat Electrical Appliance Co......................... 203.06
All Others................................................... 203.06
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect
[[Page 30450]]
for more than four months. Commerce published the CVD Preliminary
Determination on September 10, 2021.\8\ As such, the four-month period
beginning on the date of the publication of the CVD Preliminary
Determination ended on January 7, 2022.
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\8\ Id.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of snow throwers from China entered, or withdrawn from
warehouse, for consumption, on or after January 7, 2022, the date on
which the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation 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 AD and CVD orders with respect to snow
throwers from China pursuant to sections 706(a) and 736(a) of the Act.
Interested parties can find a list of orders currently in effect at
<a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: May 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise covered by these orders consists of 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 orders
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 orders if performed in the
country of manufacture of the in-scope snow throwers.
Walk-behind snow throwers subject to the scope of these orders
are powered by internal combustion engines which are typically spark
ignition, single or multiple cylinder, and air-cooled with power
take off shafts.
For the purposes of these orders, an unfinished and/or
unassembled snow thrower means at a minimum, a subassembly comprised
of an engine, auger housing (i.e., intake frame), and an auger (or
``auger paddle'') packaged or imported together. An intake frame is
the portion of the snow thrower--typically of aluminum or steel that
houses and protects an operator from a rotating auger and is the
intake point for the snow. Importation of the subassembly whether or
not accompanied by, or attached to, additional components including,
but not limited to, handle(s), impeller(s), chute(s), track
tread(s), or wheel(s) constitutes an unfinished snow thrower for
purposes of these orders. The inclusion in a third country of any
components other than the snow thrower sub-assembly does not remove
the snow thrower from the scope. A snow thrower is within the scope
of these orders regardless of the origin of its engine.
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. See Certain Vertical Shaft Engines Between 225cc
and 999cc, and Parts Thereof, from the People's Republic of China:
Amended Final Antidumping Duty Determination and Antidumping Duty
Order, 86 FR 12623 (March 4, 2021); and Certain Vertical Shaft
Engines Between 225cc and 999cc, and Parts Thereof from the People's
Republic of China: Countervailing Duty Order and Amended Final
Affirmative Countervailing Duty Determination, 86 FR 12619 (March 4,
2021).
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. See Certain Vertical
Shaft Engines Between 99cc and Up to 225cc, and Parts Thereof from
the People's Republic of China: Antidumping and Countervailing Duty
Orders, 86 FR 023675 (May 4, 2021).
The snow throwers subject to these orders are typically entered
under Harmonized Tariff Schedule of the United States (HTSUS)
subheading 8430.20.0060. Certain parts of snow throwers subject to
these orders may also enter under HTSUS 8431.49.9095. 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. 2022-10789 Filed 5-18-22; 8:45 am]
BILLING CODE 3510-DS-P
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