Notice2024-23695
Certain Vertical Shaft Engines Between 99cc and Up to 225cc and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
Primary source
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Published
October 15, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On October 2, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Zhejiang Amerisun Technology Co., Ltd. v. United States, Court No. 23-00011, sustaining the U.S. Department of Commerce's (Commerce) remand redetermination pertaining to the scope ruling for the antidumping and countervailing duty orders on certain vertical shaft engines between 99cc and up to 225cc and parts thereof from the People's Republic of China finding modified vertical shaft engines, such as the modified R210-S engine manufactured by Chongqing Rato Technology Co., Ltd. (Chongqing Rato) to be excluded from the orders. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's scope ruling, and that Commerce is amending the scope ruling to find that certain engines, such as Chongqing Rato's R210-S engine, manufactured by Chongqing Rato is excluded from the orders.
Full Text
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<title>Federal Register, Volume 89 Issue 199 (Tuesday, October 15, 2024)</title>
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[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Notices]
[Pages 82985-82986]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23695]
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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: Notice of Court
Decision Not in Harmony With Final Scope Ruling and Notice of Amended
Final Scope Ruling Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 2, 2024, the U.S. Court of International Trade
(CIT) issued its final judgment in Zhejiang Amerisun Technology Co.,
Ltd. v. United States, Court No. 23-00011, sustaining the U.S.
Department of Commerce's (Commerce) remand redetermination pertaining
to the scope ruling for the antidumping and countervailing duty orders
on certain vertical shaft engines between 99cc and up to 225cc and
parts thereof from the People's Republic of China finding modified
vertical shaft engines, such as the modified R210-S engine manufactured
by Chongqing Rato Technology Co., Ltd. (Chongqing Rato) to be excluded
from the orders. Commerce is notifying the public that the CIT's final
judgment is not in harmony with Commerce's scope ruling, and that
Commerce is amending the scope ruling to find that certain engines,
such as Chongqing Rato's R210-S engine, manufactured by Chongqing Rato
is excluded from the orders.
DATES: Applicable October 12, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay K. Menon, 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) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
On December 22, 2022, Commerce found that modified vertical shaft
engines, such as the R210-S engine manufactured by Chongqing Rato, were
included in the scope of the orders.\1\
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\1\ See Memorandum, ``Scope Ruling on Modified Vertical Shaft
Engines,'' dated December 22, 2022 (Final Scope Ruling).
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Zhejiang Amerisun Technology, Co., Ltd. appealed Commerce's Final
Scope Ruling. On February 20, 2024, the CIT remanded the Final Scope
Ruling to Commerce, holding that: (1) because the scope does not
specify that a right-angle gearbox connected to the horizontal
crankshaft may be part of the engine, Commerce's finding that the scope
did not contain an exhaustive list of components that may comprise an
engine was unsupported by substantial evidence and not in accordance
with law; (2) the Wikipedia articles submitted by Briggs & Stratton
Corporation (the petitioner) on which Commerce relied to support its
factual conclusions were unreliable and irrelevant; and (3) an academic
article submitted by the petitioner on which Commerce also relied to
support its factual conclusions was irrelevant because it did not
specifically address walk-behind lawn mowers or discuss secondary drive
shafts.\2\
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\2\ See Zhejiang Amerisun Technology Co., Ltd. v. United States,
687 F. Supp. 3d 1282 (CIT 2024).
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In its final remand redetermination, issued in April 2024, Commerce
found that certain engines, such as Chongqing Rato's R210-S engine at
issue in the Final Scope Ruling to be excluded from the scope of the
orders.\3\ The CIT sustained Commerce's final redetermination.\4\
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\3\ See Final Results of Redetermination Pursuant to Court
Remand, Zhejiang Amerisun Technology Co., Ltd. v. United States,
Consol. Court No. 23-00011, Slip Op. 24-20 (CIT February 20, 2024),
dated April 11, 2024, available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\4\ See Zhejiang Amerisun Technology Co., Ltd. v. United States,
Court No. 23-00011, Slip. Op. 24-104 (CIT October 2, 2024).
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Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a
[[Page 82986]]
``conclusive'' court decision. The CIT's October 2, 2024, judgment
constitutes a final decision of the CIT that is not in harmony with
Commerce's Final Scope Ruling. Thus, this notice is published in
fulfillment of the publication requirements of Timken.
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\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling
In accordance with the CIT's October 2, 2024, final judgment,
Commerce is amending its Final Scope Ruling and finds that the scope of
the orders does not cover the products addressed in the Final Scope
Ruling.
Liquidation of Suspended Entries
Commerce will instruct U.S. Customs and Border Protection (CBP)
that, pending any appeals, the cash deposit rate will be zero percent
for the modified R210-S engine manufactured by Chongqing Rato. In the
event that the CIT's final judgment is not appealed or is upheld on
appeal, Commerce will instruct CBP to liquidate entries of the modified
R210-S engine manufactured by Chongqing Rato without regard to
antidumping and countervailing duties and to lift suspension of
liquidation of such entries.
At this time, Commerce remains enjoined by CIT from liquidating
entries excluded from the scope of the orders by the Final Scope
Ruling. These entries will remain enjoined pursuant to the terms of the
injunction during the pendency of any appeals process.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: October 8, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-23695 Filed 10-11-24; 8:45 am]
BILLING CODE 3510-DS-P
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