Notice2024-02293
Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 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
February 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye), a producer/ exporter of certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People's Republic of China (China), received countervailable subsidies during the period of review (POR), October 30, 2020, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8169-8170]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02293]
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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: Final Results of Countervailing Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye), a producer/
exporter of certain walk-behind lawn mowers and parts thereof (lawn
mowers) from the People's Republic of China (China), received
countervailable subsidies during the period of review (POR), October
30, 2020, through December 31, 2021.
DATES: Applicable February 6, 2024.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck,
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 August 3, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited interest
parties to comment.\1\ We received timely-filed case briefs from the
Government of China (GOC) and Ningbo Daye.\2\ On November 17, 2023,
Commerce extended the deadline for issuing these final results to
January 30, 2024.\3\ For a complete description of the events that
occurred since the publication of the Preliminary Results, see the
Issues and Decision Memorandum.\4\
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\1\ See 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, 88 FR 51269 (August 3, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See GOC's Letter, ``Case Brief,'' dated September 12, 2023;
Ningbo Daye's Letter, ``Ningbo Daye's Case Brief,'' dated September
12, 2023.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2020-2021,'' dated
November 17, 2023.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Certain Walk-Behind Lawn Mowers and Parts Thereof from the People's
Republic of China; 2020-2021,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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\5\ 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).
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The merchandise covered by the Order is lawn mowers from China. For
a complete description of the scope of the Order, see the Issues and
Decision Memorandum.\6\
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\6\ See Issues and Decision Memorandum at 2-3.
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Analysis of Comments Received
All issues raised by interested parties in their case briefs are
addressed in the Issues and Decision Memorandum. A list of the topics
discussed in the Issues and Decision Memorandum is provided in the
appendix to this notice. The Issues and 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 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>.
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties and the evidence on the record, we revised the calculation of
the net countervailable subsidy rate for Ningbo Daye. For a full
description of these revisions, see the Issues and Decision Memorandum.
Methodology
Commerce conducted 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 find that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying
Commerce's conclusions, including any determination that relied upon
the use of adverse facts available, pursuant to sections 776(a) and (b)
of the Act, see the Issues and Decision Memorandum.
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\7\ 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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Final Results of Administrative Review
We determine the following net countervailable subsidy rate exists
for the period October 30, 2020, through December 31, 2021:
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\8\ This rate applies to Ningbo Daye and its cross-owned
companies: Zhejiang Jindaye Holdings Limited and Ningbo Lingyue.
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Subsidy Subsidy
rate for rate for
the period the period
October 30, January 1,
2020, 2021,
Company through through
December December
31, 2020 31, 2021
(percent ad (percent ad
valorem) valorem)
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Ningbo Daye Garden Machinery Co., Ltd.\8\..... 9.12 8.57
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Disclosure
Commerce intends to disclose to the calculations performed in
connection with the final results of review within five days of a
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise covered by this review. Commerce intends
to issue assessment 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
[[Page 8170]]
expired (i.e., within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount indicated above for the period
January 1, 2021, through December 31, 2021, 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
administrative review. For all non-reviewed firms subject to the Order,
Commerce will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate (i.e., 15.95 percent) \9\ applicable to the company, as
appropriate. These cash deposit requirements, effective upon
publication of these final results, shall remain in effect until
further notice.
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\9\ See Order, 86 FR at 36703.
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Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: January 30, 2024.
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. Changes Since the Preliminary Results
IV. Scope of the Order
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit Program (EBCP)
Comment 2: Whether Commerce Should Apply AFA to find that the
Provision of Electricity for Less Than Adequate Remuneration (LTAR)
is Specific
Comment 3: Whether Individually-Owned Cold-Rolled Steel (CRS)
Input Suppliers Are Government Authorities
Comment 4: Whether Commerce Should Change the Domestic Inland
Freight Benchmarks Used to Measure the Benefit from the Provision of
CRS for LTAR
Comment 5: Whether Commerce Made Certain Errors in the Benefit
Calculations for the Provision of CRS for LTAR and the Provision of
Electricity for LTAR Programs
X. Recommendation
[FR Doc. 2024-02293 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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