Notice2022-12425
Preliminary Results of Changed Circumstances Review: Antidumping Duty Order on Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof From the People's Republic of China
Primary source
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Published
June 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Honda Power Products (China) Co., Ltd. (Honda) is the successor- in-interest to Jialing-Honda Motors Co., Ltd. (Jialing) and, accordingly, that subject merchandise produced and exported by Honda should be assigned the cash deposit rate established for subject merchandise produced and exported by Jialing for purposes of the antidumping duty (AD) order on certain vertical shaft engines between 225cc and 999cc, and parts thereof (vertical shaft engines) from the People's Republic of China (China).
Full Text
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<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
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[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35163-35164]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12425]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-119]
Preliminary Results of Changed Circumstances Review: Antidumping
Duty Order on Certain Vertical Shaft Engines Between 225cc and 999cc,
and Parts Thereof From the People's Republic of China
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Honda Power Products (China) Co., Ltd. (Honda) is the successor-
in-interest to Jialing-Honda Motors Co., Ltd. (Jialing) and,
accordingly, that subject merchandise produced and exported by Honda
should be assigned the cash deposit rate established for subject
merchandise produced and exported by Jialing for purposes of the
antidumping duty (AD) order on certain vertical shaft engines between
225cc and 999cc, and parts thereof (vertical shaft engines) from the
People's Republic of China (China).
DATES: Applicable June 9, 2022.
FOR FURTHER INFORMATION CONTACT: Leo Ayala AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3945, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 22, 2022, Commerce published the initiation of a
changed circumstances review (CCR) of the AD order \1\ on vertical
shaft engines from China.\2\ Commerce declined to combine the
Initiation Notice with the preliminary results of the CCR,\3\ citing
the need to issue an additional supplemental questionnaire to Honda
regarding Honda's customer base and supplier relationships. On February
15, 2022, we issued a supplemental questionnaire to Honda requesting
this information.\4\ On March 8, 2022, Honda timely responded to this
supplemental questionnaire.\5\ No other interested party submitted
comments or factual information regarding Honda's request.
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\1\ 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) (Amended Final Determination and Order); see
also Certain Large Vertical Shaft Engines Between 225cc and 999cc,
and Parts Thereof, from the People's Republic of China: Notice of
Correction to the Amended Final Antidumping Duty Determination and
Antidumping Duty Order, 86 FR 13694 (March 10, 2021).
\2\ See Initiation of Antidumping Duty Changed Circumstances
Review: Certain Vertical Shaft Engines Between 225cc and 999cc, and
Parts Thereof from the People's Republic of China, 86 FR 9573
(February 22, 2022) (Initiation Notice).
\3\ See 19 CFR 351.221(c)(3)(ii).
\4\ See Commerce's Letter, ``Certain Vertical Shaft Engines
Between 225cc and 999cc, and Parts Thereof from the People's
Republic of China: Changed Circumstances Review; Second Supplemental
Questionnaire,'' dated February 15, 2022.
\5\ See Honda's Letter, ``Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof from the People's Republic of
China: Changed Circumstances Review; Second Supplemental
Questionnaire,'' dated March 8, 2022.
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Scope of the Order
The products covered by the Order are large vertical shaft engines
from China. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.\6\
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\6\ See Memorandum, ``Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof from the People's Republic of
China: Preliminary Results of the Changed Circumstances Review;
Preliminary Decision Memorandum,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Legal Framework
In determining whether one company is the successor-in-interest to
another company as part of an AD proceeding, Commerce examines several
factors including, but not limited to: (1) management and ownership;
(2) production facilities; (3) supplier relationships; and (4) customer
base.\7\ Although no single, or even several, of these factors will
necessarily provide a dispositive indication of succession, generally,
Commerce will consider a company to be the successor-in-interest if its
resulting operation is not materially dissimilar to that of its
[[Page 35164]]
predecessor.\8\ Thus, if the ``totality of circumstances'' demonstrate
that, with respect to the production and sale of the subject
merchandise, the new company operates as essentially the same business
entity as the prior company, Commerce will assign the successor-in-
interest the cash deposit rate of its predecessor.\9\
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\7\ See, e.g., Ball Bearings and Parts Thereof from France:
Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18,
2010), and accompanying Issues and Decision Memorandum (IDM) at
Comment 1.
\8\ See, e.g., Fresh and Chilled Atlantic Salmon from Norway;
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
\9\ See, e.g., id.; and Brass Sheet and Strip from Canada: Final
Results of Administrative Review, 57 FR 20461 (May 13, 1992), and
accompanying IDM at Comment 1.
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Preliminary Results of Review
We preliminarily determine that Honda is the successor-in-interest
to Jialing for purposes of the Order. Record evidence submitted by
Honda indicates that, based on the totality of the circumstances under
Commerce's successor-in-interest criteria, Honda operates as materially
the same business entity as Jialing with respect to the production and
sale of subject merchandise. In particular, we preliminarily find that
Honda's management and ownership, production facilities, supplier
relationships, and customer base with regard to the subject merchandise
are substantially the same as Jialing's before the name change. For the
complete successor-in-interest analysis, see the Preliminary Decision
Memorandum.
Therefore, based on record evidence, we preliminarily determine
that Honda is the successor-in-interest to Jialing and the cash deposit
rate assigned to Jialing should be the rate for Honda as a result of
our successor-in-interest finding. Should our final results of review
remain the same as these preliminary results of review, Honda will be
assigned the cash deposit rate currently assigned to Jialing with
respect to the subject merchandise (i.e., 261.93 percent).\10\ We will
thus instruct U.S. Customs and Border Protection to suspend liquidation
of entries of vertical shaft engines from China produced and exported
by Honda, effective on the publication date of the final results, at
the cash deposit rate for estimated antidumping duties assigned to
Jialing.
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\10\ 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).
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Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the due date for
case briefs, in accordance with 19 CFR 351.309(d).\11\ Parties who
submit case or rebuttal briefs are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\12\
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\11\ Commerce is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for the filing of rebuttal
briefs.
\12\ See 19 CFR 351.30(c)(2) and (d)(2).
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All comments are to be filed electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) and must be served on interested parties.\13\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\14\ An electronically filed document must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time on the day on which it is due.
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\13\ See generally 19 CFR 351.303.
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of publication of this notice in the Federal
Register. Hearing requests should contain the following information:
(1) The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Parties should confirm
the date and the time of the hearing two days before the scheduled
date.
Final Results of Review
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this CCR no later than 270 days after the date on which this
review was initiated, or within 45 days if all parties agree to the
outcome of the review.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: June 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-12425 Filed 6-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 9, 2022.
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