[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Notices]
[Pages 58384-58385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20633]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-637 and 731-TA-1471 (Final)]


Large Vertical Shaft Engines From China; Scheduling of the Final 
Phase of Countervailing and Anti-Dumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-637 and 731-TA-1471 (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 large vertical shaft engines from 
China, provided for in subheadings 8407.90.10, 8407.90.90, and 
8409.91.99 of the Harmonized Tariff Schedule of the United States, 
preliminarily determined by the Department of Commerce (``Commerce'') 
to be subsidized and sold at less-than-fair-value.

DATES: August 19, 2020.

FOR FURTHER INFORMATION CONTACT: Charlie Cummings (202-708-1666), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.-- For purposes of these investigations, Commerce has defined 
the subject merchandise as ``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 these proceedings.
    For purposes of these investigations, 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 
these investigations. 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.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of large vertical shaft engines, and that such 
products are being sold in the United States at less than fair value 
within the meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The 
investigations were requested in petitions filed on January 15, 2020, 
by the Coalition of American Vertical Engine Producers (Kohler Co., 
Kohler, Wisconsin, and Briggs & Stratton Corporation, Wauwatosa, 
Wisconsin).
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B

[[Page 58385]]

(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 participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on December 
15, 2020, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
January 5, 2021. Information about the place and form of the hearing, 
including about how to participate in and/or view the hearing, will be 
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates.
    Requests to appear at the hearing should be filed in writing with 
the Secretary to the Commission on or before December 29, 2020. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on December 30, 2020, if deemed necessary. Oral testimony and written 
materials to be submitted at the public hearing are governed by 
Sec. Sec.  201.6(b)(2), 201.13(f), and 207.24 of the Commission's 
rules. Parties must submit any request to present a portion of their 
hearing testimony in camera no later than 7 business days prior to the 
date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is December 22, 2020. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
January 12, 2021. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before January 12, 2021. On January 27, 2021, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before January 29, 2021, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec.  201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.

    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: September 15, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-20633 Filed 9-17-20; 8:45 am]
BILLING CODE 7020-02-P