Notice2023-04046
Certain Vertical Shaft Engines Between 99cc and Up To 225cc, and Parts Thereof, From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders-Dual-Piston Engines
Primary source
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Published
February 28, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of dual-piston engines with a single, common combustion chamber, of the type designed by FNA Group, Inc. (FNA), produced in, and exported from the People's Republic of China (China), constitute later-developed merchandise that is circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines), from China. Commerce is also applying this affirmative circumvention finding on a country-wide basis.
Full Text
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<title>Federal Register, Volume 88 Issue 39 (Tuesday, February 28, 2023)</title>
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[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12656-12657]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04046]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-124, C-570-125]
Certain Vertical Shaft Engines Between 99cc and Up To 225cc, and
Parts Thereof, From the People's Republic of China: Affirmative Final
Determination of Circumvention of the Antidumping and Countervailing
Duty Orders--Dual-Piston Engines
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of dual-piston engines with a single, common combustion
chamber, of the type designed by FNA Group, Inc. (FNA), produced in,
and exported from the People's Republic of China (China), constitute
later-developed merchandise that is circumventing the antidumping duty
(AD) and countervailing duty (CVD) orders on certain vertical shaft
engines between 99cc and up to 225cc, and parts thereof (small vertical
engines), from China. Commerce is also applying this affirmative
circumvention finding on a country-wide basis.
DATES: Applicable February 28, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Gill, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5673.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 2022, Commerce published the Preliminary
Determination of the circumvention inquiry of the AD and CVD orders on
small vertical engines from China \1\ with respect to imports of dual-
piston engines with a single, common combustion chamber, of the type
designed by FNA, produced in, and exported from China.\2\ We invited
parties to comment on the Preliminary Determination. For a complete
description of the events that followed the Preliminary Determination,
see the Issues and Decision Memorandum.\3\
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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:
Antidumping and Countervailing Duty Orders, 86 FR 23675 (May 4,
2021) (Orders).
\2\ See Certain Vertical Shaft Engines Between 99cc and Up To
225cc, and Parts Thereof, from the People's Republic of China:
Affirmative Preliminary Determination of Circumvention of the
Antidumping and Countervailing Duty Orders-Dual-Piston Engines;
Rescission in Part, 87 FR 59059 (September 29, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\3\ See Memorandum, ``Certain Vertical Shaft Engines Between
99cc and 225cc from the People's Republic of China: Issues and
Decision Memorandum for Circumvention Inquiry--Dual-Piston
Engines,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Orders
The merchandise subject to the Orders is small vertical engines
from China. For a complete description of the scope of the Orders, see
the Issues and Decision Memorandum.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers dual-piston engines with a
single, common combustion chamber, of the type designed by FNA,
produced in, and exported from China, that otherwise meet the scope of
the Orders. The dual-piston engines subject to this circumvention
inquiry have a common combustion chamber shared by two cylinders that
contain pistons working in unison.\4\
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\4\ See Petitioner's Letter, ``Request for Anti-Circumvention
Inquiry Pursuant to Section 781(c) and/or Section 781(d) of the
Tariff Act of 1930,'' dated March 4, 2022, at 2-3.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised is
attached in the appendix to this notice. The Issues and Decision
Memorandum is a public document and is filed electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Affirmative Final Determination of Circumvention
Consistent with the Preliminary Determination,\5\ Commerce
continues to determine that imports of dual-piston engines with a
single, common combustion chamber, of the type designed by FNA,
produced in, and exported from China, constitute later-developed
merchandise that is circumventing the Orders, pursuant to section
781(d) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.226(k). Commerce also continues to apply this affirmative
circumvention finding on a country-wide basis.
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\5\ See Preliminary Determination PDM.
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Liquidation of Entries
In the Preliminary Determination, Commerce stated it would instruct
U.S. Customs and Border Protection (CBP) to suspend liquidation of, and
collect cash deposits on, imports of dual-piston engines with a single,
common combustion chamber, of the type designed by FNA, produced in,
and exported from China, that were entered, or withdrawn from
warehouse, for consumption on or after April 25, 2022 (i.e., the date
of the initiation of this inquiry).\6\ On October 26, 2022, Commerce
rescinded the administrative review of the AD order for the period July
23, 2020, through April 30, 2022.\7\ Accordingly, the administrative
review covering entries that would have been suspended had they entered
from April 25, 2022, through April 30, 2022, has been rescinded.
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\6\ Id., 87 FR at 59060.
\7\ See Rescission of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 64764 (October 26, 2022).
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For any unliquidated entries of dual-piston engines with a single,
common combustion chamber, of the type designed by FNA, produced in,
and exported from China, that entered as non-AD/CVD type entries (e.g.,
type 01) that were shipped and/or entered, or withdrawn from warehouse,
for consumption in the United States after April 25, 2022, importers
should file a Post Summary Correction with CBP, in accordance with
CBP's regulations regarding the conversion of such entries from non-AD/
CVD case numbers to AD/CVD type entries (e.g., type 01 to type 03). For
such shipments, the Post Summary Corrections should be completed as
soon as practicable, but no later than 45 days after the publication of
this notice in the Federal Register. Importers should report those AD/
CVD type entries of merchandise under the AD/CVD case numbers of the
Orders on small vertical engines from China (i.e.,
[[Page 12657]]
A-570-124, C-570-125) or appropriate third-country case numbers (i.e.,
A-201-996, C-201-997). The importer must pay case deposits on those
entries consistent with the regulations governing post summary
corrections that require the payment of additional duties.
Commerce intends to instruct CBP to assess ADs and/or CVDs on all
appropriate entries of dual-piston engines with a single, common
combustion chamber, of the type designed by FNA, produced in, and
exported from China, during the periods of review noted above at rates
equal to the applicable cash deposit of estimated ADs or CVDs in effect
at the time of entry, or withdrawal of merchandise from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue assessment instructions no earlier than 35 days after
the publication of this notice in the Federal Register. If a timely
summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
Continuation of Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(3), Commerce will direct CBP
to continue to suspend liquidation of dual-piston engines with a
single, common combustion chamber, of the type designed by FNA,
produced in, and exported from China, that are entered, or withdrawn
from warehouse, for consumption on or after April 25, 2022 (i.e., the
date of the initiation of this inquiry).\8\ Pursuant to 19 CFR
351.225(l)(3), Commerce will also instruct CBP to require cash deposits
of estimated duties equal to the AD and CVD rates in effect for small
vertical engines for each unliquidated entry of dual-piston engines
with a single, common combustion chamber, of the type designed by FNA,
produced in, and exported from China, that are entered, or withdrawn
from warehouse, for consumption on or after April 25, 2022. The
suspension of liquidation and cash deposit instructions will remain in
effect until further notice.
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\8\ Id.
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Administrative Protective Order
This notice serves as the only reminder to all parties subject to
the administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and terms of the APO is a sanctionable violation.
Notification to Interested Parties
This determination is published in accordance with section 781(d)
of the Act and 19 CFR 351.226(g)(2) and (k).
Dated: February 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Merchandise Subject to the Circumvention Inquiry
IV. Scope of the Orders
V. Discussion of the Issues
Comment 1: The Commercial Availability of Dual-Piston Engines
Comment 2: Whether Dual-Piston Engines are the Same Merchandise
as In-Scope Engines
VI. Recommendation
[FR Doc. 2023-04046 Filed 2-27-23; 8:45 am]
BILLING CODE 3510-DS-P
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