Notice2023-04439
Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Notice of Intent To Rescind Circumvention Inquiry on the Antidumping and Countervailing 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
March 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) notifies interested parties that it intends to rescind a circumvention inquiry to determine whether certain lawn mowers assembled or completed in the United States by attaching Chinese cutting deck shells (attached to at least one significant non-engine component) to internal combustion engines are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People's Republic of China (China). Interested parties are invited to comment on this intent to rescind.
Full Text
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<title>Federal Register, Volume 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13434-13435]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04439]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-129, C-570-130]
Certain Walk-Behind Lawn Mowers and Parts Thereof From the
People's Republic of China: Notice of Intent To Rescind Circumvention
Inquiry on the Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) notifies interested
parties that it intends to rescind a circumvention inquiry to determine
whether certain lawn mowers assembled or completed in the United States
by attaching Chinese cutting deck shells (attached to at least one
significant non-engine component) to internal combustion engines are
circumventing the antidumping duty (AD) and countervailing duty (CVD)
orders on certain walk-behind lawn mowers and parts thereof (lawn
mowers) from the People's Republic of China (China). Interested parties
are invited to comment on this intent to rescind.
DATES: Applicable March 3, 2023.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Natasia Harrison, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5760 or (202)
482-1240, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 27, 2022, Commerce initiated a circumvention inquiry to
determine whether certain lawn mowers assembled or completed in the
United States by attaching Chinese cutting deck shells (attached to at
least one significant non-engine component) to internal combustion
engines are circumventing the AD and CVD orders on lawn mowers from
China under section 781(a) of the Tariff Act of 1930, as amended (the
Act).\1\ On December 12,
[[Page 13435]]
2022, in accordance with 19 CFR 351.226(f)(2), Ningbo Daye Garden
Machinery Co., Ltd., Ningbo Lingyue Intelligent Equipment Co., Ltd.,
and Daye North America, Inc. (collectively, Daye) submitted comments
and factual information in response to the Initiation Notice.\2\ On
January 10, 2023, in accordance with 19 CFR 351.226(f)(2), MTD Products
Inc. and its parent company, Stanley Black & Decker, Inc.
(collectively, the petitioner), filed comments and factual information
to rebut, clarify, or correct the comments and information submitted by
Daye on December 12, 2022.\3\ The preliminary determination of this
circumvention inquiry is currently due on March 27, 2023.\4\
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\1\ See Certain Walk-Behind Lawn Mowers and Parts Thereof from
the People's Republic of China: Initiation of a Circumvention
Inquiry on the Antidumping and Countervailing Duty Orders, 87 FR
65033 (October 27, 2022) (Initiation Notice), and accompanying
Circumvention Initiation Memorandum; see also Certain Walk-Behind
Lawn Mowers and Parts Thereof from the People's Republic of China
and the Socialist Republic of Vietnam: Antidumping Duty Orders, 86
FR 36703 (July 13, 2021); and Certain Walk-Behind Lawn Mowers and
Parts Thereof from the People's Republic of China: Countervailing
Duty Order and Amended Final Affirmative Countervailing Duty
Determination, 86 FR 36702 (July 13, 2021) (collectively, Orders).
\2\ See Daye's Letter, ``Daye's Comments and Submission of
Factual Information in Response to the Department's Circumvention
Inquiry Initiation'' dated December 12, 2022.
\3\ See Petitioner's Letter, ``Comments and Factual Information
Submitted by MTD Products, Inc and Stanley Black & Decker, Inc. to
Rebut, Clarify, or Correct Daye's Submission of Factual
Information,'' dated January 10, 2023. MTD Products, Inc. was the
petitioner in the investigation. See Certain Walk-Behind Lawn Mowers
and Parts Thereof from the People's Republic of China and the
Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 37417 n.1 (June 22, 2020).
\4\ See 19 CFR 351.226(e)(1); and Initiation Notice, 87 FR at
65035.
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For a full discussion of the basis for our intent to rescind this
circumvention inquiry, see the Memorandum of Intent to Rescind.\5\ A
list of topics discussed in the Memorandum of Intent to Rescind is
included as the appendix to this notice. The Memorandum of Intent to
Rescind is a public document and is on file 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 Memorandum of Intent to Rescind can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Certain Walk-Behind Lawn Mowers and Parts
Thereof from the People's Republic of China: Memorandum of Intent to
Rescind Circumvention Inquiry on the Antidumping and Countervailing
Duty Orders,'' dated concurrently with, and hereby adopted by, this
notice (Memorandum of Intent to Rescind).
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Scope of the Orders
The products covered by these Orders are lawn mowers from China. A
full description of the scope of the Orders is provided in the
Memorandum of Intent to Rescind.
Merchandise Subject to the Circumvention Inquiry
The merchandise subject to this circumvention inquiry are lawn
mower sub-assemblies imported from China and comprised of a cutting
deck shell attached to at least one other significant non-engine
component, such as, but not limited to, a handle, wheels, grass catcher
bag, or an electronic starter. These sub-assemblies are assembled or
completed in the United States by attaching internal combustion engines
to produce rotary walk-behind lawn mowers of the type that would be
subject to the Orders.\6\ The 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. Cutting deck shells are typically entered
under Harmonized Tariff Schedule of the United States (HTSUS)
subheading 8433.11 or 8433.90.
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\6\ This inquiry does not include lawn mowers assembled or
completed in the United States using small vertical engines from
China that are covered by the scope of the antidumping and
countervailing duty orders on certain vertical shaft engines between
99cc and up to 225 cc, and parts thereof. See Initiation Notice, 87
FR at 65034 n.11.
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Intent To Rescind Circumvention Inquiry
As explained above, this circumvention inquiry covers cutting deck
shells attached to at least one other significant non-engine component,
such as, but not limited to, a handle, wheels, grass catcher bag, or an
electronic starter. We find that the inquiry merchandise is excluded
from the scope of the orders because it is not imported as ``at a
minimum, a sub-assembly comprised of an engine and a cutting deck shell
attached to one another.'' We also find that it is not appropriate to
conduct a circumvention inquiry on such excluded merchandise.
Therefore, Commerce intends to rescind this circumvention inquiry, in
accordance with 19 CFR 351.226(f)(6). For more explanation, see the
Memorandum of Intent to Rescind.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1), Commerce notified U.S. Customs
and Border Protection (CBP) of the initiation of this circumvention
inquiry and directed CBP to continue the suspension of liquidation of
entries of products subject to the circumvention inquiry that were
already subject to the suspension of liquidation under the Orders and
to apply the cash deposit rate that would be applicable if the products
were determined to be covered by the scope of the Orders.\7\ If
Commerce rescinds this circumvention inquiry pursuant to 19 CFR
351.226(f)(6), Commerce will inform CBP accordingly and instruct CBP to
continue to suspend entries of lawn mowers from China that are subject
to the Orders at the applicable rate(s) in effect on the date of entry
until specific liquidation instructions are issued.
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\7\ See CBP Message No. 2305407, dated November 1, 2022.
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Public Comment
Interested parties are invited to comment on this notice of intent
to rescind this circumvention inquiry. Interested parties may submit
comments no later than 14 days after the date of publication of this
notice and rebuttal comments, limited to issues raised in the comments,
no later than seven days after the time limit for filing comments.
Parties who submit comments or rebuttal comments in this circumvention
inquiry 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.\8\
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\8\ See generally 19 CFR 351.309(c)(2) and (d)(2) for guidance.
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Commerce will issue a final decision in this circumvention inquiry,
in which we will address comments submitted by parties.
Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Circumvention Initiation Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Intent to Rescind the Circumvention Inquiry
VI. Recommendation
[FR Doc. 2023-04439 Filed 3-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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