Federal Register - January 29, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices Turkey, and the United Arab Emirates:
Investigation Nos. 701TA646 and 731TA15021504, 15081509, 1512, 1514, and 1516 Final.
By order of the Commission.
Issued: January 26, 2021.
Lisa Barton, Secretary to the Commission.
FR Doc. 202101964 Filed 12821; 8:45 am BILLING CODE 702002P
INTERNATIONAL TRADE
COMMISSION
Investigation Nos. 701TA648 and 731
TA15211522 Final
Walk-Behind Lawn Mowers From China and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations United States International Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos.
701TA648 and 731TA15211522
Final pursuant to the Tariff Act of 1930 the Act to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of walk-behind lawn mowers from China and Vietnam, provided for in subheading 8433.11.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce Commerce to be sold in the United States at less than fair value and imports of walk-behind lawn mowers from China preliminarily determined by Commerce to be subsidized by the Government of China sold at less-thanfair-value.
DATES: December 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Nitin Joshi 202 7081669, Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commissions TDD terminal on 202
2051810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 2022052000.
General information concerning the Commission may also be obtained by accessing its internet server https
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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www.usitc.gov. The public record for these investigations may be viewed on the Commissions electronic docket EDIS at https edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.For purposes of these investigations, Commerce has defined the subject merchandise as certain rotary walk-behind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of the investigation covers certain walk-behind lawn mowers, whether self-propelled or nonself-propelled, whether finished or unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing.
Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts kw. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission CPSC Safety Standard For Walk-Behind Power Lawn Mowers under the 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding.
The internal combustion engines of the lawn mowers covered by this scope typically 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. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding.
For purposes of this investigation, an unfinished and/or unassembled lawn mower means at a minimum, a subassembly comprised of an engine and a cutting deck shell attached to one another. A cutting deck shell is the portion of the lawn mowertypically of aluminum or steelthat houses and protects a user from a rotating blade.
Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blades, grass catching bag, or
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wheels constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope.
Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof small vertical engines from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding.
The walk-behind lawn mowers subject to these investigations are typically imported under Harmonized Tariff Schedule of the United States HTSUS statistical reporting number 8433.11.0050. Walk-behind lawn mowers subject to these investigations may also enter under HTSUS statistical reporting numbers 8407.90.1010 and 8433.90.1090. The HTSUS statistical reporting numbers are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive.
Background.The final phase of these investigations is being scheduled pursuant to sections 705b and 731b of the Tariff Act of 1930 19 U.S.C.
1671db and 1673db, as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of 703 of the Act 19 U.S.C.
1671b are being provided to manufacturers, producers, or exporters in China and Vietnam of walk-behind lawn mowers, and that such products are being sold in the United States at less than fair value within the meaning of 733 of the Act 19 U.S.C. 1673b.
The investigations were requested in petitions filed on May 26, 2020, by MTD
Products Inc., Valley City, Ohio.
For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commissions Rules of Practice and Procedure, part 201, subparts A and B
19 CFR part 201, and part 207, subparts A and C 19 CFR part 207.
Participation in the investigations and public service list.Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to
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