[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63248-63249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22179]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-119]


Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts 
Thereof, From the People's Republic of China: Amended Negative 
Preliminary Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) is amending the 
preliminary determination of the less-than-fair-value (LTFV) 
investigation of certain vertical shaft engines between 225cc and 
999cc, and parts thereof (vertical shaft engines) from the People's 
Republic of China (China) to correct a

[[Page 63249]]

significant ministerial error with respect to our preliminary critical 
circumstances determination. The period of investigation is July 1, 
2019 through December 31, 2019.

DATES: Applicable October 7, 2020.

FOR FURTHER INFORMATION CONTACT: Leo Ayala or Alex Cipolla, 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) 482-3945 or (202) 482-4956, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 2020, Commerce published its Preliminary 
Determination.\1\ On August 19, 2020, we received ministerial error 
comments from Chongqing Zongshen General Power Machine Co., Ltd 
(Zongshen) alleging that Commerce made certain significant ministerial 
errors in the Preliminary Determination. No other party made an 
allegation of ministerial errors. On August 24, 2020, Briggs & Stratton 
Corporation provided reply comments to Zongshen's allegations. After 
reviewing the allegation, we determine that the Preliminary 
Determination included a significant ministerial error with respect to 
our preliminary critical circumstances determination. Therefore, we are 
amending the Preliminary Determination to find that critical 
circumstances do not exist for Zongshen.
---------------------------------------------------------------------------

    \1\ See Certain Vertical Shaft Engines Between 225cc and 999cc, 
and Parts Thereof, from the People's Republic of China: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 51015 (August 19, 2020) (Preliminary Determination).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are vertical shaft 
engines from China. For a complete description of the scope of this 
investigation, see the Preliminary Determination.\2\
---------------------------------------------------------------------------

    \2\ Id., 85 FR at 51017.
---------------------------------------------------------------------------

Analysis of Significant Ministerial Error Allegation

    Pursuant to 19 CFR 351.224, and as explained further in the 
Ministerial Error Memorandum \3\ issued concurrently with this Notice, 
we determine that the Preliminary Determination contained an error with 
respect to our preliminary critical circumstances calculation. In 
particular, we found an unintentional error in our calculation under 
the statutory criteria involving massive imports over a relatively 
short period.\4\ In our corrected calculation of Zongshen's massive 
import analysis, we found that imports based on Zongshen's reported 
shipments of merchandise under consideration did not increase during 
the comparison period by more than 15 percent over its respective 
imports in the base period.\5\ Correction of this error results in a 
determination that Zongshen's imports were not massive during the 
comparison period and changes the preliminary critical circumstances 
determination from affirmative to negative for Zongshen.\6\ Commerce 
considers this ministerial error to be significant warranting an 
amendment to our preliminary critical circumstances determination with 
respect to Zongshen. Commerce does not consider any of the other 
alleged ministerial errors to be ministerial in nature.\7\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Antidumping Duty Investigation of Certain 
Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof, 
from China: Allegation of Ministerial Errors in the Preliminary 
Determination,'' dated concurrently with this notice (Ministerial 
Error Memorandum).
    \4\ See section 733(e)(1)(B) of the Act.
    \5\ See Ministerial Error Memorandum.
    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    Therefore, we amend our preliminary determination and find there 
were not massive imports for Zongshen, pursuant to section 733(e)(1)(B) 
of the Act and 19 CFR 351.206(c)(2)(i). Accordingly, we find that 
critical circumstances do not exist with respect to Zongshen.

Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised, in accordance with section 733(e) of the Act. We will 
instruct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of entries of subject merchandise, as described in Appendix 
I, entered, or withdrawn from warehouse, for consumption on or after 
August 19, 2020, the date of publication of the Preliminary 
Determination.
    We will also instruct CBP to require a cash deposit equal to the 
estimated preliminary antidumping duty rate reflected in the 
Preliminary Determination. This suspension of liquidation will remain 
in effect until further notice.

Notification of U.S. International Trade Commission (ITC)

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order, without the written consent 
of the Assistant Secretary for Enforcement and Compliance.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: September 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-22179 Filed 10-6-20; 8:45 am]
BILLING CODE 3510-DS-P