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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
ASSISTANCEContinued 8/17/2021 through 9/7/2021
Date accepted for investigation
Firm name
Firm address
Rose Electronics Distributing Company, LLC.
RoMan Manufacturing, Inc

2030 Ringwood Avenue, San Jose, CA
95131.
861 47th Street Southwest, Wyoming, MI 49509.
374 Central Avenue, Taneyville, MO
65759.
17485 Highway 22, Dallas, OR 97338

Positive Connection, Inc
Chateau Bianca, Inc

Any party having a substantial interest in these proceedings may request a public hearing on the matter.
A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten 10 calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended.
Please follow the requirements set forth in EDAs regulations at 13 CFR
315.8 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms.
Bryan Borlik, Director.
FR Doc. 202120180 Filed 91621; 8:45 am BILLING CODE 3510WHP

DEPARTMENT OF COMMERCE
International Trade Administration A570124, C570125

Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof, From the Peoples Republic of China: Initiation of Anti-Circumvention Inquiry of Antidumping and Countervailing Duty Orders60cc up to 99cc Engines Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: In response to allegations of circumvention from Briggs & Stratton, LLC, the Department of Commerce Commerce is initiating an anticircumvention inquiry to determine whether imports of small vertical shaft engines with displacements between 60cc and up to 99cc 60cc up to 99cc engines from the Peoples Republic of AGENCY:

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8/24/2021

The firm manufactures batteries.

8/30/2021

The firm manufactures electrical equipment.
The firm manufactures wire harnesses for electrical circuits.
The firm produces wine.

9/2/2021
9/7/2021

China China are circumventing the antidumping duty AD and countervailing duty CVD orders on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof small vertical engines from China.
DATES: Effective September 17, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin Luberda or Paul Litwin, AD/
CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
202 4822185 and 202 4826002, respectively.
SUPPLEMENTARY INFORMATION:

Background On July 30, 2021, Briggs & Stratton, LLC, the petitioner in the AD and CVD
investigations, requested that Commerce initiate anti-circumvention inquiries with regard to 60cc up to 99cc engines that are exported to the United States from China.1 The petitioner alleges that 60cc up to 99cc engines constitute merchandise altered in form or appearance in such minor respects that it should be included within the scope of the Orders 2 pursuant to section 781c of the Tariff Act of 1930, as amended the Act and 19 CFR
351.225i. In addition, the petitioner alleges that 60cc up to 99cc engines are later-developed merchandise and should be included within the scope of the Orders pursuant to section 781d of the Act and 19 CFR 351.225j. On August 27, 2021, MTD Products Inc.
MTD, an original equipment manufacturer OEM and importer, 1 See Petitioners Letter, Certain Vertical Shaft Engines Between 99cc and 225cc, and Parts Thereof from China/Request for Anti-Circumvention Inquiries Pursuant to Section 781c and/or 781d of the Tariff Act of 1930, dated July 30, 2021
Circumvention Allegation.
2 See Certain Vertical Shaft Engines Between 99cc and Up to 225cc, and Parts Thereof from the Peoples Republic of China: Antidumping and Countervailing Duty Orders, 86 FR 23675 May 4, 2021 Orders.

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submitted comments requesting that Commerce reject the petitioners request to initiate an anti-circumvention inquiry.3 On September 3, 2021, the petitioner submitted comments on MTDs request to decline initiating an anti-circumvention inquiry.4
Scope of the Orders The products subject to these Orders are small vertical engines from China.
For a complete description of the scope of the Orders, see the appendix.
Merchandise Subject to the AntiCircumvention Inquiry This anti-circumvention inquiry covers small vertical shaft engines with displacements between 60cc and up to 99cc produced in China and exported to the United States.
Legal Framework Section 781c of the Act provides that Commerce may find circumvention of an AD or CVD order when merchandise of the same class or kind as merchandise has been altered in form or appearance in minor respects . . .
whether or not included in the same tariff classification. Section 781c2 of the Act provides an exception that paragraph 1 shall not apply with respect to altered merchandise if the administering authority determines that it would be unnecessary to consider the altered merchandise within the scope of the order.
While the Act is silent as to what factors to consider in determining whether alterations are properly considered minor, the legislative history of this provision indicates that there are certain factors that should be considered before reaching a circumvention determination. In conducting a circumvention inquiry 3 See MTDs Letter, Request to Reject AntiCircumvention Inquiry Request, dated August 27, 2021.
4 See Petitioners Letter, Comments on Request to Reject Anti-Circumvention Inquiry Request, dated September 3, 2021.

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