[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8835-8840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03104]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-120]


Certain Vertical Shaft Engines Between 223cc and 999cc, and Parts 
Thereof From the People's Republic of China: Initiation of 
Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable February 4, 2020.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION:

The Petition

    On January 15, 2020, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
certain vertical shaft engines between 223cc and 999cc, and parts 
thereof (vertical shaft engines) from the People's Republic of China 
(China) filed in proper form on behalf of the Coalition of American 
Vertical Engine Producers and its individual members (the petitioner or 
the Coalition).\1\ The Petition was accompanied by an antidumping duty 
(AD) petition concerning imports of vertical shaft engines from China.
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Certain Vertical Shaft 
Engines Between 225cc and 999cc, and Parts Thereof from the People's 
Republic of China,'' dated January 15, 2020 (the Petition).
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    On January 17, 2020, Commerce requested supplemental information 
pertaining to certain aspects of the Petition,\2\ to which the 
petitioner filed its response on January 22, 2020.\3\ On January 27, 
2020, Commerce had a phone conversation with the petitioner requesting 
that it address certain

[[Page 8836]]

issues.\4\ The petitioner filed responses to these requests on January 
29, 2020.\5\
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    \2\ See Commerce's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Vertical 
Shaft Engines Between 223cc and 999cc, and Parts Thereof from the 
People's Republic of China: Supplemental Questions,'' dated January 
17, 2020.
    \3\ See Petitioner's Letter, ``Response to Supplemental 
Questions Concerning Volume I of the Petitions for the Imposition of 
Antidumping and Countervailing Duties Pursuant to Sections 701 and 
731 of the Tariff Act of 1930, As Amended on Certain Vertical Shaft 
Engines Between 223cc and 999cc, and Parts Thereof from the People's 
Republic of China,'' dated January 22, 2020 (General Issues 
Supplement).
    \4\ See Memorandum, ``Certain Vertical Shaft Engines Between 
223cc and 999cc, and Parts Thereof from the People's Republic of 
China: Call to Counsel,'' dated January 27, 2020.
    \5\ See Petitioner's Letter, ``Certain Vertical Shaft Engines 
Between 225cc and 999cc, and Parts Thereof from the People's 
Republic of China: Responses to Second Supplemental Questions 
Concerning Volume I of the Petitions,'' dated January 29, 2020 
(Second General Issues Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of vertical shaft 
engines in China, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing 
vertical shaft engines in the United States. Consistent with section 
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs 
on which we are initiating a CVD investigation, the Petition is 
supported by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in sections 771(9)(C) and (E) of the Act. Commerce also finds 
that the petitioner demonstrated sufficient industry support with 
respect to the initiation of the requested CVD investigation.\6\
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    \6\ See ``Information Relating to the Degree of Industry Support 
for the Petition'' section, infra.
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Period of Investigation

    Because the Petition was filed on January 15, 2020, the period of 
investigation (POI) is January 1, 2019 through December 31, 2019.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The merchandise covered by this investigation is vertical shaft 
engines from China. For a full description of the scope of this 
investigation, see the appendix to this notice.

Comments on Scope of the Investigation

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on February 24, 2020, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on March 5, 2020, which is 
10 calendar days from the initial comment deadline.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must also be filed 
on the record of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided it the 
opportunity for consultations with respect to the CVD Petition.\12\ The 
GOC did not request consultations.
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    \12\ See Commerce's Letter, ``Certain Vertical Shaft Engines 
Between 225cc and 999cc, and Parts Thereof from the People's 
Republic of China: Invitation for Consultation to Discuss the 
Countervailing Duty Petition,'' dated January 15, 2020.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
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    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like,

[[Page 8837]]

most similar in characteristics and uses with, the article subject to 
an investigation under this title.'' Thus, the reference point from 
which the domestic like product analysis begins is ``the article 
subject to an investigation'' (i.e., the class or kind of merchandise 
to be investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\15\ Based on our analysis of the information 
submitted on the record, we have determined that vertical shaft 
engines, as defined in the scope, constitute a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\16\
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    \15\ See Volume I of the Petition, at 16-17; see also General 
Issues Supplement at 3-5.
    \16\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklist: Certain 
Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof 
from the People's Republic of China (China AD Initiation Checklist) 
at Attachment II, ``Analysis of Industry Support for the Antidumping 
and Countervailing Duty Petitions Covering Certain Vertical Shaft 
Engines Between 225cc and 999cc, and Parts Thereof from the People's 
Republic of China'' (Attachment II), dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Commerce building.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided 
2019 shipments of the domestic like product for members of the 
Coalition.\17\ The petitioner estimated the production of the domestic 
like product for the entire domestic industry based on U.S. shipment 
data, export data, and its own knowledge of the industry, because 
shipments and production of vertical shaft engines correlate with one 
another and shipments are a reasonable proxy for production in the 
vertical shaft engines industry.\18\ The petitioner compared the 2019 
shipments of the Coalition to the estimated total shipments of the 
domestic like product for the entire domestic industry.\19\ We relied 
on data provided by the petitioner for purposes of measuring industry 
support.\20\
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    \17\ See Volume I of the Petition, at 2-3 and Exhibits I-5 and 
I-6; see also General Issues Supplement at 6-9 and Exhibits Supp-I-2 
and Supp-I-3; and Second General Issues Supplement, at Exhibit 
2Supp-I-2.
    \18\ See Volume I of the Petition, at Exhibit I-6; see also 
General Issues Supplement, at 6-9 and Exhibits Supp-I-2 and Supp-I-
3; and Second General Issues Supplement, at Exhibit 2Supp-I-2.
    \19\ See General Issues Supplement, at 6-9 and Exhibits Supp-I-2 
and Supp-I-3.
    \20\ See Volume I of the Petition, at 2-3 and Exhibits I-5 and 
I-6; see also General Issues Supplement at 6-9 and Exhibits Supp-I-2 
and Supp-I-3; and Second General Issues Supplement, at Exhibit 
2Supp-I-2. For further discussion, see China AD Initiation 
Checklist, at Attachment II.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, the Second General Issues Supplement, and other information 
readily available to Commerce indicates that the petitioner has 
established industry support for the Petition.\21\ First, the Petition 
established support from domestic producers (or workers) accounting for 
more than 50 percent of the total production of the domestic like 
product and, as such, Commerce is not required to take further action 
in order to evaluate industry support (e.g., polling).\22\ Second, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 702(c)(4)(A)(i) of the Act because the 
domestic producers (or workers) who support the Petition account for at 
least 25 percent of the total production of the domestic like 
product.\23\ Finally, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(ii) 
of the Act because the domestic producers (or workers) who support the 
Petition account for more than 50 percent of the production of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the Petition.\24\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\25\
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    \21\ See China AD Initiation Checklist, at Attachment II.
    \22\ See section 702(c)(4)(D) of the Act; see also China AD 
Initiation Checklist, at Attachment II.
    \23\ See China AD Initiation Checklist, at Attachment II.
    \24\ Id.
    \25\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to these investigations. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\26\ In CVD petitions, 
section 771(24)(B) of the Act provides that imports of subject 
merchandise from developing and least developed countries must exceed 
the negligibility threshold of four percent.
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    \26\ See Volume I of the Petition, at 23-24.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; and a decline in the domestic industry's 
financial performance and profitability.\27\ We have assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as cumulation, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\28\
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    \27\ Id. at 13-15, 22-35, and Exhibits I-5 and I-11 through I-
24.
    \28\ See China AD Initiation Checklist, at Attachment III, 
``Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Vertical Shaft Engines Between 225cc and 999cc, and Parts 
thereof from the People's Republic of China'' (Attachment III).
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Initiation of CVD Investigation

    Based upon the examination of the Petition on vertical shaft 
engines from China, we find that the Petition meets the requirements of 
section 702 of the Act. Therefore, we are initiating a CVD 
investigation to determine whether imports of vertical shaft engines 
from China benefit from countervailable subsidies conferred by the GOC. 
Based on our review of the Petition, we find that there is sufficient 
information to initiate a CVD investigation on each of the alleged 
programs. For a full discussion of the basis for our decision to 
initiate on each program, see China CVD Initiation Checklist.\29\ A 
public

[[Page 8838]]

version of the initiation checklist for this investigation is available 
on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.
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    \29\ See Countervailing Duty Investigation Initiation Checklist: 
Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts 
Thereof from the People's Republic of China (China CVD Initiation 
Checklist), dated concurrently with this notice and on file 
electronically via ACCESS, at 7. Access to documents filed via 
ACCESS is also available in the Central Records Unit, Room B8024 of 
the main Commerce building.
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Critical Circumstances

    The petitioner alleges, based on trade statistics, that there is a 
reasonable basis to believe or suspect that critical circumstances 
exist with regard to imports of vertical shaft engines from China.\30\
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    \30\ See Volume IV of the Petition, at 3-6.
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    Section 703(e)(1) of the Act provides that if a petitioner alleges 
critical circumstances, Commerce will find that such circumstances 
exist, at any time after the date of initiation, when there is a 
reasonable basis to believe or suspect: (A) That ``the alleged 
countervailable subsidy'' is inconsistent with the Agreement on 
Subsidies and Countervailing Measures (SCM Agreement) of the World 
Trade Organization, and (B) that ``there have been massive imports of 
the subject merchandise over a relatively short period.'' Section 
351.206(h)(2) of the Commerce's regulations provides that, generally, 
imports must increase by at least 15 percent during the ``relatively 
short period'' to be considered ``massive,'' and section 351.206(i) 
defines a ``relatively short period'' as normally being the period 
beginning on the date the proceeding begins (i.e., the date the 
petition is filed) \31\ and ending at least three months later.\32\ The 
regulations also provide, however, that, if Commerce ``finds that 
importers, or exporters or producers, had reason to believe, at some 
time prior to the beginning of the proceeding, that a proceeding was 
likely,'' Commerce ``may consider a period of not less than three 
months from that earlier time.'' \33\
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    \31\ See 19 CFR 351.102(b)(40) (providing that a proceeding 
begins on the date of the filing of a petition).
    \32\ See 19 CFR 351.206(i).
    \33\ Id.
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    The petitioner alleges that Chinese vertical shaft engine producers 
benefit from numerous Chinese government subsidies, which include 
subsidies that are contingent upon export performance, subsidies for 
inputs provided for less than adequate remuneration (LTAR), tax 
benefits, and export incentives.\34\ Specifically, the GOC supported 
vertical shaft engines producers and exporters through the provision of 
aluminum and pig iron for LTAR, GOC subsidies for the development of 
famous export brands and China world top brands, export credits granted 
under the catalogue of Chinese high-tech products for export, and the 
provision of land at LTAR.\35\
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    \34\ See Volume III of the Petition, at 11-59.
    \35\ Id at 15, 22, 39 and 56-57.
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    The petitioner also asserts that there have been massive imports of 
vertical shaft engines over a relatively short period. Based on the 
petitioner's calculation, the imports of engines in the classification 
that most closely approximates vertical shaft engines surged 35.7 
percent between June 2019 through November 2019 against the same period 
in calendar year 2018.\36\ The petitioner chose these base and 
comparison periods in order to account for seasonality and the unusual 
circumstances caused by the imposition of 25 percent Section 301 
duties, in accordance with 19 CFR 351.206(h)(1)(ii). The petitioner 
asserts that, because the surge in imports constituted more than a 15 
percent change, import volumes of vertical shaft engines are massive, 
as defined in Commerce's regulations.
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    \36\ See Volume IV of the Petition, at 6.
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    The petitioner requests that the Commerce make a preliminary 
finding of critical circumstances within 45 days of the filing of the 
Petition.\37\ Section 702(e) of the Act states that if ``at any time 
after the initiation of an investigation under this subtitle, the 
administering authority finds a reasonable basis to suspect that the 
alleged countervailable subsidy is inconsistent with the {SCM{time}  
Agreement, the administering authority may request the Commissioner of 
Customs to compile information on an expedited basis regarding entries 
of the subject merchandise.''
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    \37\ Id. at 11.
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    Taking into consideration the foregoing, we will analyze this 
matter further. We will monitor imports of vertical shaft engines from 
China and may request that U.S. Customs and Border Protection (CBP) 
compile information on an expedited basis regarding entries of subject 
merchandise.\38\ If, at any time, the criteria for a finding of 
critical circumstances are established, we will issue a critical 
circumstances determination at the earliest possible date.\39\
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    \38\ See section 702(e) of the Act.
    \39\ See Change in Policy Regarding Timing of Issuance of 
Critical Circumstances Determinations, 63 FR 55364 (October 15, 
1998).
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Respondent Selection

    The petitioner named 35 companies in China as producers/exporters 
of vertical shaft engines.\40\ Commerce intends to follow its standard 
practice in CVD investigations and calculate company-specific subsidy 
rates in this investigation. In the event Commerce determines that the 
number of companies is large and it cannot individually examine each 
company based upon Commerce's resources, where appropriate, Commerce 
intends to select mandatory respondents based on CBP data for U.S. 
imports of vertical shaft engines from China during the POI under the 
appropriate Harmonized Tariff Schedule of the United States numbers 
listed in the ``Scope of the Investigation,'' in the appendix.
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    \40\ See Volume I of the Petition, at Exhibit I-10.
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    On February 3, 2020, Commerce released CBP data on imports of 
vertical shaft engines from China under administrative protective order 
(APO) to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on the CBP data 
must do so within three business days of the publication date of the 
notice of initiation of this investigation.\41\ We further stated that 
we will not accept rebuttal comments.
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    \41\ See Memorandum, ``Certain Vertical Shaft Engines between 
225cc and 999cc, and Parts Thereof from the People's Republic of 
China Countervailing Duty Petition: Release of U.S. Customs and 
Border Protection Data,'' dated February 3, 2020.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on the Commerce website at http://enforcement.trade.gov/apo.
    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
Commerce intends to finalize its decisions regarding respondent 
selection within 20 days of publication of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS.
    Furthermore, to the extent practicable, Commerce will attempt to 
provide a copy of the public version of the Petition to each exporter 
named in the Petition, as provided under 19 CFR 351.203(c)(2).

[[Page 8839]]

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of vertical shaft engines from China are 
materially injuring or threatening material injury to a U.S. 
industry.\42\ A negative ITC determination will result in the 
investigation being terminated.\43\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \42\ See section 733(a) of the Act.
    \43\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Any party, when submitting factual 
information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted \44\ and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\45\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Please review the regulations prior to 
submitting factual information in this investigation.
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    \44\ See 19 CFR 351.301(b).
    \45\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, standalone submission; under limited circumstances Commerce 
will grant untimely filed requests for the extension of time limits. 
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests 
or factual information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\46\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\47\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \46\ See section 782(b) of the Act.
    \47\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Instructions for filing such 
applications may be found on the Commerce website at http://enforcement.trade.gov/apo.
    On January 22, 2008, Commerce published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in this investigation should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: February 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation consists of spark-
ignited, non-road, vertical shaft engines, whether finished or 
unfinished, whether assembled or unassembled, primarily for riding 
lawn mowers and zero-tum radius lawn mowers. Engines meeting this 
physical description may also be for other non-hand-held outdoor 
power equipment such as, including but not limited to, tow-behind 
brush mowers, grinders, and vertical shaft generators. The subject 
engines are spark ignition, single or multiple cylinder, air cooled, 
internal combustion engines with vertical power take off shafts with 
a minimum displacement of 225 cubic centimeters (cc) and a maximum 
displacement of 999cc. Typically, engines with displacements of this 
size generate gross power of between 6.7 kilowatts (kw) to 42 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 non-road 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.
    For purposes of this investigation, an unfinished engine covers 
at a minimum a sub-assembly comprised of, but not limited to, the 
following components: Crankcase, crankshaft, camshaft, piston(s), 
and connecting rod(s). Importation of these components together, 
whether assembled or unassembled, and whether or not accompanied by 
additional components such as an oil pan, manifold, cylinder 
head(s), valve train, or valve cover(s), constitutes an unfinished 
engine for purposes of this investigation. The inclusion of other 
products such as spark plugs fitted into the cylinder head or 
electrical devices (e.g., ignition modules, ignition coils) for 
synchronizing with the motor to supply tension current does not 
remove the product from the scope. The inclusion of any other 
components not identified as comprising the unfinished engine 
subassembly in a third-country does not remove the engine from the 
scope.
    The engines subject to this investigation are typically 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings: 8407.90.1020, 8407.90.1060, and 
8407.90.1080. The engine subassemblies that are subject to this 
investigation enter under HTSUS 8409.91.9990. Engines subject to 
this investigation may also enter under HTSUS 8407.90.9060 and 
8407.90.9080. The

[[Page 8840]]

HTSUS subheadings are provided for convenience and customs purposes 
only, and the written description of the merchandise under 
investigation is dispositive.

[FR Doc. 2020-03104 Filed 2-14-20; 8:45 am]
BILLING CODE 3510-DS-P