Notice2023-15529
Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Notice of Rescission of 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
July 21, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding a circumvention inquiry regarding 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).
Full Text
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<title>Federal Register, Volume 88 Issue 139 (Friday, July 21, 2023)</title>
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[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47108-47110]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15529]
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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 Rescission of 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) is rescinding a
[[Page 47109]]
circumvention inquiry regarding 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).
DATES: Applicable July 21, 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 March 3, 2023, Commerce published the notice of intent to
rescind a circumvention inquiry regarding 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\ We invited interested parties to
submit comments and rebuttals on our intent to rescind.\2\ On March 17,
2023, MTD Products Inc. and its parent company, Stanley Black & Decker,
Inc. (collectively, the petitioner) submitted comments.\3\ On March 24,
2023, Ningbo Daye Garden Machinery Co., Ltd., Ningbo Lingyue
Intelligent Equipment Co., Ltd., and Daye North America, Inc.
(collectively, Daye) submitted rebuttal comments.\4\
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\1\ See 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, 88 FR 13434 (March 3, 2023) (Intent to Rescind), and
accompanying Memorandum of Intent to Rescind; 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 Intent to Rescind, 88 FR at 13435.
\3\ See Petitioner's Letter, ``Comments of MTD Products, Inc and
Stanley Black & Decker, Inc. in Opposition to the Notice of Intent
to Rescind the Anticircumvention Inquiry,'' dated March 17, 2023.
MTD Products, Inc. was the petitioner in the underlying
investigations. 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 Daye's Letter, ``Response to Petitioner's Comments in
Opposition to the Notice of Intent to Rescind the Anticircumvention
Inquiry,'' dated March 24, 2023.
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For a full discussion of the basis for our rescission of this
circumvention inquiry, see the Decision Memorandum.\5\ A list of topics
discussed in the Decision Memorandum is included as the appendix to
this notice. The Decision Memorandum 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 Decision Memorandum 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: Rescission of
Circumvention Inquiry on the Antidumping and Countervailing Duty
Orders,'' dated concurrently with, and hereby adopted by, this
notice (Decision Memorandum).
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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 Decision
Memorandum.
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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Rescission of 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
specifically 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.'' \7\ We also find that it
is not appropriate to conduct a circumvention inquiry on such
specifically excluded merchandise. Therefore, Commerce is rescinding
this circumvention inquiry, in accordance with 19 CFR 351.226(f)(6).
For more explanation, see the Decision Memorandum.
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\7\ See Decision Memorandum at 2.
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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.\8\ Because we
are now rescinding this inquiry, 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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\8\ See CBP Message No. 2305407, dated November 1, 2022.
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Notification to Interested Parties
This notice is issued and published in accordance with 19 CFR
351.226(f)(6).
Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Discussion of the Issue
[[Page 47110]]
Comment: Whether to Rescind this Circumvention Inquiry
VI. Recommendation
[FR Doc. 2023-15529 Filed 7-20-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 21, 2023.
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