Notice2023-16580
Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2020-2021
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
August 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People's Republic of China (China) during the period or review (POR), October 30, 2020, through December 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 148 (Thursday, August 3, 2023)</title>
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[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51269-51271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16580]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-130]
Certain Walk-Behind Lawn Mowers and Parts Thereof From the
People's Republic of China: Preliminary Results of Countervailing Duty
Administrative Review and Rescission of Review, in Part; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain walk-behind lawn mowers and parts
thereof (lawn mowers) from the People's Republic of China (China)
during the period or review (POR), October 30, 2020, through December
31, 2021. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 3, 2023.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck,
[[Page 51270]]
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) 482-1240 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION: Background
On July 13, 2021, Commerce published the Order in the Federal
Register.\1\ On September 6, 2022, Commerce published in the Federal
Register the notice of initiation of an administrative review of the
Order for the period October 30, 2020, through December 31, 2021.\2\ On
August 1, 2022, we received timely requests for an administrative
review from exporters and/or producers: Zhejiang Amerisun Technology
Co., Ltd (Zhejiang Amerisun), Zhejiang Dobest Power Tools Co., Ltd.
(Zhejiang Dobest), Ningbo Daye Garden Machinery Co., Ltd. (Ningbo
Daye), Daye North America, Inc., and Ningbo Lingyue Intelligent
Equipment Co. Ltd. (Ningbo Lingyue).\3\ As explained below, on October
1, 2022, Zhejiang Amerisun and Zhejiang Dobest timely withdrew their
requests for an administrative review of themselves.\4\ On October 18,
2022, Commerce selected Ningbo Daye as the mandatory respondent in this
administrative review.\5\ On March 2, 2023, Commerce extended the
deadline for these preliminary results until July 28, 2023.\6\
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\1\ See 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463, 54474 (September 6, 2022).
\3\ See Ningbo Daye's Letter, ``Request for Administrative
Review,'' dated August 1, 2023; see also Zhejiang Amerisun and
Zhejiang Dobest's Letter, ``Request for Administrative Review,''
dated August 1, 2022.
\4\ See Zhejiang Amerisun's Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 1, 2022 (Zhejiang Amerisun's
Withdrawal of Review Request); see also Zhejiang Dobest's Letter,
``Withdrawal of Request for Administrative Review,'' dated October
1, 2022 (Zhejiang Dobest's Withdrawal of Review Request).
\5\ See Memorandum, ``Mandatory Respondent Identification,''
dated October 18, 2022.
\6\ See Memorandum ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated March
2, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of the topics included in the Preliminary Decision Memorandum is
included as the appendix to this notice. The Preliminary 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 Preliminary 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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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, Rescission
of Review in Part, 2020-2021: Certain Walk-Behind Lawn Mowers and
Parts Thereof from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The products covered by the Order are lawn mowers from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. On October 1, 2022, Zhejiang
Amerisun and Zhejiang Dobest timely withdrew their requests for an
administrative review of themselves.\8\ No other party requested a
review of these companies. Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this administrative review of the
Order with respect to these two companies. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
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\8\ See Zhejiang Amerisun's Withdrawal of Review Request and
Zhejiang Dobest's Withdrawal of Review Request.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily find that there is a subsidy, i.e., a financial
contribution that gives rise to a benefit to the recipient and that the
subsidy is specific.\9\
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\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In reaching these preliminary results, Commerce relied on facts
otherwise available, with the application of adverse inferences,
pursuant to section 776 of the Act. For further information, see ``Use
of Facts Otherwise Available and Application of Adverse Inferences'' in
the accompanying Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the following net countervailable
subsidy rates for the period October 30, 2020, through December 31,
2021:
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\10\ This rate applies to Ningbo Daye and its cross-owned
companies: Zhejiang Jindaye Holdings Limited and Ningbo Lingyue.
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Subsidy rate in Subsidy rate in
Producer/exporter 2020 (percent 2021 (percent
ad valorem) ad valorem)
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Ningbo Daye Garden Machinery Co., 10.58 9.46
Ltd.\10\.............................
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Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts above for the producer/exporters
shown above. Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and the U.S. Customs and Border Protection (CBP) shall
assess, countervailing duties on all appropriate entries covered by
this review. We intend to issue these instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review 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).
[[Page 51271]]
For the companies for which we have rescinded this administrative
review, we will instruct CBP to assess countervailing duties on all
appropriate entries at a rate equal to the cash deposit of estimated
countervailing duties required at the time of entry, or withdrawn from
warehouse, for consumption, during the period October 30, 2020, through
December 31, 2021, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue appropriate assessment instructions directly to CBP no
earlier than 35 days after the date of publication of this notice in
the Federal Register.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts indicated for the producers/
exporters listed above for 2021, the second year covered by the period
of review, on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this review. For all non-reviewed firms, CBP will
continue to collect cash deposits of estimated countervailing duties at
the all-others rate or the most recent company-specific rate applicable
to the company, as appropriate. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the publication of these preliminary results of review in
the Federal Register.\11\ Rebuttal comments, limited to issues raised
in case briefs, may be submitted no later than seven days after the
deadline for filing case briefs.\12\ Parties who submit case or
rebuttal briefs in this administrative review 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.\13\ Case and rebuttal
briefs must be filed using ACCESS.\14\ An electronically filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Easter Time on the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\15\
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\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\14\ See 19 CFR 351.303.
\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); and 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), parties who wish to request a
hearing, limited to issues raised in the case and rebuttal briefs, must
do so within 30 days after the publication of these preliminary results
by submitting a written request to the Assistant Secretary for
Enforcement and Compliance using ACCESS. Hearing requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of the issues to be discussed.
Issues addressed at the hearing will be limited to those raised in
briefs. If a request for a hearing is made, Commerce will inform
parties of the scheduled date for the hearing.\16\
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\16\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, we intend to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
interested parties in their case briefs, within 120 days after the
issuance of these preliminary results of this administrative review.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: July 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-16580 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 3, 2023.
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