[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37426-37429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13384]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-130]


Certain Walk-Behind Lawn Mowers 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 June 15, 2020.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Jacob 
Garten, 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) 482-1280 
or (202) 482-3342, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On May 26, 2020, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
certain walk-behind lawn mowers and parts thereof (lawn mowers) from 
the People's Republic of China (China) filed in proper form on behalf 
of MTD Products, Inc. (the petitioner).\1\ The Petition was accompanied 
by an antidumping duty (AD) petition concerning imports of lawn mowers 
from China and the Socialist Republic of Vietnam.
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping Duties on Certain Walk-Behind Lawn Mowers from the 
People's Republic of China and the Socialist Republic of Vietnam and 
Countervailing Duties on Certain Walk-Behind Lawn Mowers from the 
People's Republic of China,'' dated May 26, 2020 (the Petition).
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    On May 29, 2020, Commerce requested supplemental information 
pertaining to certain aspects of the Petition,\2\ to which the 
petitioner filed responses on June 2, 2020.\3\
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    \2\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Walk-
Behind Lawn Mowers and Parts Thereof from the People's Republic of 
China and the Socialist Republic of Vietnam: General Issues 
Supplemental Questions,'' and ``Petition for the Imposition of 
Countervailing Duties on Imports of Certain Walk-Behind Lawn Mowers 
and Parts Thereof from the People's Republic of China: Supplemental 
Questions,'' both dated May 29, 2020.
    \3\ See Petitioner's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Certain Walk-Behind Lawn Mowers 
from the People's Republic of China and the Socialist Republic of 
Vietnam, and Countervailing Duties from the People's Republic of 
China: General Issues Supplemental Questions Response Volume I,'' 
(General Issues Supplement), and ``Petitions for the Imposition of 
Countervailing Duties on Imports of Certain Walk-Behind Lawn Mowers 
from the People's Republic of China: Supplemental Questionnaire 
Response Volume IV,'' both dated June 2, 2020.
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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 lawn mowers in 
China and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing lawn mowers 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 section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigation.\4\
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    \4\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because the Petition was filed on May 26, 2020, the period of 
investigation (POI) is January 1, 2019 through December 31, 2019.\5\
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    \5\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The merchandise covered by this investigation is lawn mowers 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).\6\ 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,\7\ 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 July 6, 2020, which is 20 calendar days from the signature date 
of this notice.\8\ Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on July 16, 2020, which is 
10 calendar days from the initial comment deadline.\9\
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    \6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \7\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \8\ Commerce's practice dictates that where a deadline falls on 
a weekend or Federal holiday, the appropriate deadline is the next 
business day (in this instance, May 11, 2020). See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).
    \9\ 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 investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's (E&C's) Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
unless an exception applies.\10\ An electronically filed document must 
be received successfully

[[Page 37427]]

in its entirety by the time and date it is due.
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    \10\ 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_on_Electronic_Filing_Procedures.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.\11\ The 
GOC requested consultations, which were held on June 12, 2020.\12\
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    \11\ See Commerce's Letter, ``Certain Walk-Behind Lawn Mowers 
and Parts Thereof from the People's Republic of China: Invitation 
for Consultation to Discuss the Countervailing Duty Petition,'' 
dated June 1, 2020.
    \12\ See Memorandum, ``Certain Walk-Behind Lawn Mowers and Parts 
Thereof from the People's Republic of China Countervailing Duty 
Petition: Consultations with the Government of the People's Republic 
of China,'' dated June 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), 
cert. denied 492 U.S. 919 (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, 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 lawn mowers, 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 18-24.
    \16\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Countervailing Duty Investigation Initiation Checklist: Certain 
Walk-Behind Lawn Mowers from the People's Republic of China (China 
CVD Initiation Checklist) at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Certain Walk-Behind Lawn Mowers from the People's Republic 
of China and the Socialist Republic of Vietnam (Attachment II). This 
checklist is dated concurrently with this notice and on file 
electronically via ACCESS.
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    On June 10, 2020, we received comments on industry support from 
Sumec Hardware & Tools Co., Ltd. (Sumec), a Chinese producer of subject 
merchandise, and Merotec Inc (Merotec), an importer of subject 
merchandise.\17\ The petitioner responded to the industry support 
comments on June 11, 2020.\18\ On June 12, 2020, we received 
surrebuttal comments from Sumec and Merotec with regard to the 
petitioner's June 11, 2020 comments.\19\ The petitioner responded to 
these surrebuttal industry support comments on June 15, 2020.\20\
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    \17\ See Sumec and Merotec's Letter, ``Walk-Behind Lawn Mowers 
and Parts Thereof from the People's Republic of China, Request to 
the Department to Poll the Industry,'' dated June 10, 2020.
    \18\ See Petitioner's Letter, ``Investigations on Certain Walk-
Behind Lawn Mowers from the People's Republic of China and the 
Socialist Republic of Vietnam, and Countervailing Duties from the 
People's Republic of China, Inv. Nos. 731-1521-1522 and 701-TA-648 
(Preliminary): Response to Sumec Hardware & Tools Co., Ltd.'s 
Request to the Department to Poll the Industry,'' dated June 11, 
2019.
    \19\ See Sumec and Merotec's Letter, ``Walk-Behind Lawn Mowers 
and Parts Thereof from the People's Republic of China, Reply to 
Petitioner's Response to the Request to Poll the Industry,'' dated 
June 12, 2020.
    \20\ See Petitioner's Letter, ``Investigations on Certain Walk-
Behind Lawn Mowers from the People's Republic of China and the 
Socialist Republic of Vietnam, and Countervailing Duties from the 
People's Republic of China, Inv. Nos. 731-1521-1522 and 701-TA-648 
(Preliminary): Response to Sumec Hardware & Tools Co., Ltd.'s Reply 
to Petitioner's Response to the Request to Poll the Industry,'' 
dated June 15, 2019.
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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 its 
2019 shipments of the domestic like product.\21\ To estimate the 2019 
shipments for the entire U.S. lawn mowers industry, the petitioner 
relied on 2019 shipment data reported by the Outdoor Power Equipment 
Institute and made certain adjustments to reflect total shipments by 
U.S. producers of lawn mowers.\22\ The petitioner estimated the 
production of the domestic like product for the entire domestic 
industry based on shipment data, because production data for the entire 
domestic industry are not available, and shipments are a close 
approximation of production in the lawn mowers industry.\23\ We relied 
on data provided by the petitioner for purposes of measuring industry 
support.\24\
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    \21\ See Volume I of the Petition at 4-5 and Exhibit I-2; see 
also General Issues Supplement at 7 and Exhibit S-I-5.
    \22\ See Volume I of the Petition at 4-5 and Exhibit I-1, I-2, 
and I-23; see also General Issues Supplement at 7 and Exhibit S-I-5.
    \23\ See Volume I of the Petition at 4-5 and Exhibit I-23.
    \24\ Id. at 4-5 and Exhibits I-1, I-2, and I-23; see also 
General Issues Supplement at 7 and Exhibit S-I-5. For further 
discussion, see Attachment II of the China CVD Initiation Checklist.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\25\ 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.,

[[Page 37428]]

polling).\26\ 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.\27\ 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.\28\ 
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.\29\
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    \25\ See Attachment II of the China CVD Initiation Checklist.
    \26\ Id.; see also section 702(c)(4)(D) of the Act.
    \27\ See Attachment II of the China CVD Initiation Checklist.
    \28\ Id.
    \29\ 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 this investigation. 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.\30\
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    \30\ See Volume I of the Petition at 24-25 and Exhibit I-8.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
declining market share; underselling and price depression and 
suppression; lost sales and revenues; declines in shipments, capacity 
utilization, and capital expenditures; plant closures and declines in 
employment variables; and declining profitability.\31\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\32\
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    \31\ Id. at 27-40 and Exhibits I-8 through I-11, I-20 through I-
22, and I-24; see also General Issues Supplement at 2 and Exhibit S-
I-1.
    \32\ See China CVD Initiation Checklists at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Walk-Behind Lawn Mowers and Parts Thereof from the 
People's Republic of China and the Socialist Republic of Vietnam 
(Attachment III).
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Initiation of CVD Investigation

    Based upon our examination of the Petition and supplemental 
responses, 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 lawn mowers 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 all but one of the alleged programs.\33\ For a 
full discussion of the basis for our decision to initiate on each 
program, see China CVD Initiation Checklist. A public 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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    \33\ We are also limiting the investigation on two other 
programs for lack of supporting information as to certain aspects of 
the allegations.
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Respondent Selection

    The petitioner named 46 companies in China as producers/exporters 
of lawn mowers.\34\ 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 U.S. Customs and Border 
Protection (CBP) data for U.S. imports of lawn mowers 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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    \34\ See Volume I of the Petition at 17.
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    On June 11, 2020, Commerce released CBP data on imports of lawn 
mowers 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.\35\ We further stated that we will not accept 
rebuttal comments.
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    \35\ See Memorandum, ``Certain Walk-Behind Lawn Mowers, and 
Parts Thereof, from the People's Republic of China Countervailing 
Duty Petition: Release of Customs Data from U.S. Customs and Border 
Protection,'' dated June 11, 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 E&C's 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)(4)(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).

ITC Notification

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

Preliminary Determination 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 lawn mowers from China are materially 
injuring, or threatening material injury to, a U.S. industry.\36\ A 
negative ITC determination will result in the investigation being 
terminated.\37\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \36\ See section 703(a)(1) of the Act.
    \37\ 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

[[Page 37429]]

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). Section 
351.301(b) of Commerce's regulations requires any party, when 
submitting factual information, to specify under which subsection of 19 
CFR 351.102(b)(21) the information is being submitted \38\ 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.\39\ 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. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
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    \38\ See 19 CFR 351.301(b).
    \39\ 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.\40\ 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, stand-alone submission; under limited circumstances we 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.
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    \40\ See 19 CFR 351.302.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\41\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\42\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \41\ See section 782(b) of the Act.
    \42\ 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. 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)). Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
July 17, 2020, unless extended.\43\
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    \43\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 29615 (May 18, 2020).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: June 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by this investigation consists of 
certain rotary walk-behind lawn mowers, which are grass-cutting 
machines that are powered by internal combustion engines. The scope 
of the investigation cover certain walk-behind lawn mowers, whether 
self-propelled or non-self-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. 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 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 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. 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 sub-assembly comprised 
of an engine and a cutting deck shell attached to one another. A 
cutting deck shell is the portion of the lawn mower--typically of 
aluminum or steel--that 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, blade(s), 
grass catching bag, or wheel(s) constitute an unfinished lawn mower 
for purposes of this investigation. The inclusion in a third country 
of any components other than the mower sub-assembly does not remove 
the lawn mower from the scope. A lawn mower is within the scope of 
this investigation regardless of the origin of its engine.
    The lawn mowers subject to this investigation are typically at 
subheading: 8433.11.0050. Lawn mowers subject to this investigation 
may also enter under Harmonized Tariff Schedule of the United States 
(HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are 
provided for convenience and customs purposes only, and the written 
description of the merchandise under investigation is dispositive.

[FR Doc. 2020-13384 Filed 6-19-20; 8:45 am]
BILLING CODE 3510-DS-P