[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46586-46587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16692]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-939]
Tow-Behind Lawn Groomers and Certain Parts Thereof From the
People's Republic of China: Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) order on tow-behind lawn
groomers and certain parts thereof (TBLGs) from the People's Republic
of China (China) would likely lead to a continuation or recurrence of
dumping and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of the AD order.
DATES: Applicable August 3, 2020.
FOR FURTHER INFORMATION CONTACT: Dakota Potts, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0223.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2009, Commerce published the AD Order on TBLGs from
China.\1\ On January 2, 2020, the ITC instituted its review of the
Order.\2\ Also on January 2, 2020, Commerce published the initiation of
the second sunset review of the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act).\3\ Commerce received
timely intent to participate in this review from Agri-Fab, Inc. (Agri-
Fab), a domestic interested party, within the deadline specified in 19
CFR 351.218(d)(1)(i).\4\ On January 31, 2020, Commerce received a
complete and adequate substantive response from Agri-Fab within the 30-
day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce received
no substantive responses from respondent interested parties. Pursuant
to section 751(c)(3)(B) of the Act, Commerce conducted an expedited
(120-day) sunset review of the Order.\6\ On May 10, 2019, the ITC
published its notice to conduct an expedited five-year review of the
Order.\7\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Certain Tow Behind Lawn Groomers
and Certain Parts Thereof from the People's Republic of China, 74 FR
38395 (August 3, 2009) (Order).
\2\ See Certain Tow-Behind Lawn Groomers and Parts Thereof from
China Institution of a Five-Year Review, 85 FR 117 (January 2,
2020).
\3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67
(January 2, 2020).
\4\ See Agri-Fab's Letter, ``Second Five-Year (`Sunset') Review
of Antidumping Duty Order on Certain Tow-Behind Lawn Groomers and
Certain Parts Thereof from The People's Republic of China; Notice of
Intent to Participate,'' dated January 16, 2020.
\5\ See Agri-Fab's Letter, ``Second Five-Year (`Sunset') Review
of Antidumping Duty Order on Certain Tow-Behind Lawn Groomers and
Certain Parts Thereof from The People's Republic of China; Agri-
Fab's Response to Notice of Initiation,'' dated January 31, 2020.
\6\ See Tow-Behind Lawn Groomers and Certain Parts Thereof from
the People's Republic of China: Final Results of the Expedited
Second Sunset Review of the Antidumping Duty Order, 85 FR 26928 (May
6, 2020), and accompanying Issues and Decision Memorandum (Issues
and Decision Memorandum).
\7\ See Tow-Behind Lawn Groomers from China; Scheduling of an
Expedited Five-Year Review, 85 FR 34464 (June 4, 2020).
---------------------------------------------------------------------------
As a result of its review, Commerce determined, pursuant to section
751(c)(1) of the Act, that revocation of the Order on TBLGs from China
would likely lead to continuation or recurrence of dumping. Commerce
therefore
[[Page 46587]]
notified the ITC of the magnitude of the margin of dumping rates likely
to prevail should this Order be revoked.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
On July 15, 2020, the ITC published its determination that
revocation of the Order would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time, pursuant to section 751(c) of the
Act.\9\
---------------------------------------------------------------------------
\9\ See Certain Tow-Behind Lawn Groomers and Parts Thereof From
China, 85 FR 42919 (July 15, 2020); see also Tow-Behind Lawn
Groomers from China, Inv. 731-TA-1153 (Review), USITC Publication
5089 (June 2020).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is certain non-motorized tow-
behind lawn groomers, manufactured from any material, and certain parts
thereof, from China.\10\ The lawn groomers that are the subject of this
order are currently classifiable in the Harmonized Tariff schedule of
the United States (``HTSUS'') statistical reporting numbers
8432.41.0000, 8432.42.0000, 8432.80.0000, 8432.80.0010, 8432.90.0060,
8432.90.0081, 8479.89.9496, 8479.90.9496, and 9603.50.0000. These HTSUS
provisions are given for reference and customs purposes only, and the
description of merchandise is dispositive for determining the scope of
the product included in this order.
---------------------------------------------------------------------------
\10\ The full scope of the Order is included in the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of this Order on TBLGs from
China. U.S. Customs and Border Protection will continue to collect AD
cash deposits at the rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of the continuation of this Order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of this Order not later than 30 days prior to the fifth anniversary of
the effective date of continuation.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
section 751(c) of the Act and published pursuant to section 777(i)(1)
of the Act and 19 CFR 351.218(f)(4).
Dated: July 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-16692 Filed 7-31-20; 8:45 am]
BILLING CODE 3510-DS-P