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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices under section 781c of the Act, Commerce has generally relied upon such criteria as the overall physical characteristics of the merchandise, the expectations of the ultimate users, the use of the merchandise, the channels of marketing and the cost of any modification relative to the total value of the imported products. 5 Concerning the allegation of minor alteration under section 781c of the Act and 19 CFR
351.225i, Commerce examines such factors as: 1 Overall physical characteristics; 2 expectations of ultimate users; 3 use of merchandise;
4 channels of marketing; and 5 cost of any modification relative to the value of the imported products.6
Section 781d of the Act provides that Commerce may initiate an anticircumvention inquiry to determine whether merchandise developed after an AD or CVD investigation is within the scope of the orders. In conducting later-developed merchandise inquiries under section 781d1 of the Act, Commerce will evaluate whether: 1
The general physical characteristics of the merchandise subject to the inquiry are the same as subject merchandise covered by the orders; 2 the expectations of the ultimate purchasers of the merchandise subject to the inquiry are no different to the expectations of the ultimate purchasers of subject merchandise; 3 the ultimate use of the inquiry merchandise and subject merchandise are the same; 4
the channels of trade of both products are the same; and 5 there are any differences in the advertisement and display of both products.7 First, however, Commerce applies a commercial availability test to determine whether the merchandise subject to the inquiry was commercially available at the time of the investigations i.e., the product was present in the commercial market or the product was tested and ready for commercial production.8
5 See Carbon and Certain Alloy Steel Wire Rod from Mexico: Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order, 83 FR 5405
February 7, 2018 citing S. Rep. No. 71, 100th Cong., 1st Sess. 100 1987.
6 Id.; and Deacero S.A. de C.V. v. United States, 817 F.3d 1332 Fed. Cir. 2016
7 See section 781d1 of the Act.
8 See Later-Developed Anticircumvention Inquiry of the Antidumping Duty Order on Petroleum Wax Candles from the Peoples Republic of China:
Affirmative Preliminary Determination of Circumvention of Antidumping Duty Order, 71 FR
32033, 32035 June 2, 2006, unchanged in LaterDeveloped Merchandise Anticircumvention Inquiry of the Antidumping Duty Order on Petroleum Wax Candles from the Peoples Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 71 FR 59075
October 6, 2006.

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Analysis After analyzing the record evidence and the petitioners allegation, we determine that there is sufficient information to warrant the initiation of a minor alterations anti-circumvention inquiry, pursuant to section 781c of the Act and 19 CFR 351.225i.
However, we determine that initiation of a later-developed merchandise anticircumvention inquiry, pursuant to section 781d of the Act and 19 CFR
351.225j, is not warranted. For a full discussion of the basis for our decision to initiate a minor alterations anticircumvention inquiry, but not a laterdeveloped merchandise anticircumvention inquiry, see the Initiation Decision Memorandum.9 The Initiation Decision Memorandum is a public document, on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at https
access.trade.gov. In addition, a complete version of the Initiation Decision Memorandum can be accessed directly at http enforcement.trade.gov/frn/.
Conclusion Commerce will determine whether the merchandise subject to the inquiry as described in the Merchandise Subject to the Anti-Circumvention Inquiry section above is circumventing the Orders such that it should be included within the scope of the Orders, pursuant to section 781c of the Act and 19 CFR 351.225i.
In accordance with 19 CFR
351.225l2, if Commerce issues a preliminary affirmative determination, we will then instruct U.S. Customs and Border Protection to suspend liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the merchandise at issue entered or withdrawn from warehouse for consumption on or after the date of initiation of the inquiry.
Commerce will establish a schedule for questionnaires and comments on the issues related to the inquiry. In accordance with section 781f of the Act, to the maximum extent practicable, Commerce intends to issue its final determination within 300 days of the date of publication of this initiation.
9 See Decision Memorandum for Initiation of Anti-Circumvention Inquiry, dated concurrently with and hereby adopted by this notice Initiation Decision Memorandum.

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Notification to Interested Parties This notice is published in accordance with sections 781c of the Act and 19 CFR 351.225i.
Dated: September 13, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.

Appendix Scope of the Orders The merchandise covered by these orders consists of spark-ignited, non-road, vertical shaft engines, whether finished or unfinished, whether assembled or unassembled, whether mounted or unmounted, primarily for walk-behind lawn mowers. Engines meeting this physical description may also be for other non-handheld outdoor power equipment, including but not limited to, pressure washers. The subject engines are spark ignition, singlecylinder, air cooled, internal combustion engines with vertical power take off shafts with a minimum displacement of 99 cubic centimeters cc and a maximum displacement of up to, but not including, 225cc. Typically, engines with displacements of this size generate gross power of between 1.95 kilowatts kw to 4.75 kw.
Engines covered by this scope normally must comply with and be certified under Environmental Protection Agency EPA air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small nonroad spark-ignition engines and equipment.
Engines that otherwise meet the physical description of the scope but are not certified under 40 CFR part 1054 and are not certified under other parts of subchapter U of the EPA
air pollution controls are not excluded from the scope of this proceeding. Engines that may be certified under both 40 CFR part 1054
as well as other parts of subchapter U remain subject to the scope of this proceeding.
Certain small vertical shaft engines, whether or not mounted on non-hand-held outdoor power equipment, including but not limited to walk-behind lawn mowers and pressure washers, are included in the scope.
However, if a subject engine is imported mounted on such equipment, only the engine is covered by the scope. Subject merchandise includes certain small vertical shaft engines produced in the subject country whether mounted on outdoor power equipment in the subject country or in a third country. Subject engines are covered whether or not they are accompanied by other parts.
For purposes of these orders, an unfinished engine covers at a minimum a sub-assembly comprised of, but not limited to, the following components: Crankcase, crankshaft, camshaft, pistons, and connecting rods. Importation of these components together, whether assembled or unassembled, and whether or not accompanied by additional components such as a sump, carburetor spacer, cylinder heads, valve train, or valve covers, constitutes an unfinished engine for purposes of these orders. The inclusion of other products such as spark plugs fitted into the
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