[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Pages 76103-76105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26147]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-643 and 731-TA-1493 (Final)]
Small Vertical Shaft Engines From China; Scheduling of the Final
Phase of Countervailing and Antidumping 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-643 and 731-TA-1493 (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 small vertical shaft engines from
China, provided for in subheadings 8407.90.10, 8409.91.99, 8433.11.00,
8424.30.90, and 8407.90.90 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: October 21, 2020.
FOR FURTHER INFORMATION CONTACT: Charles 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, nonroad, vertical shaft
engines, whether finished or unfinished, whether assembled or
unassembled, whether mounted or unmounted, primarily for walk-behind
lawn mowers. Engines meeting this physical description may also be for
other non-handheld outdoor power equipment, including but not limited
to, pressure washers. The subject engines are spark ignition, single-
cylinder, air cooled, internal combustion engines with vertical power
take off shafts with a minimum displacement of 99 cubic centimeters
(cc) and a maximum displacement of up to, but not including, 225cc.
Typically, engines with displacements of this size generate gross power
of between 1.95 kilowatts (kw) to 4.75 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 nonroad 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.
Certain small vertical shaft engines, whether or not mounted on
non-hand-
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held outdoor power equipment, including but not limited to walk-behind
lawn mowers and pressure washers, are included in the scope. However,
if a subject engine is imported mounted on such equipment, only the
engine is covered by the scope. Subject merchandise includes certain
small vertical shaft engines produced in the subject country whether
mounted on outdoor power equipment in the subject country or in a third
country. Subject engines are covered whether or not they are
accompanied by other parts.
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 a sump, carburetor spacer, 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 coils) for synchronizing with the engine 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. Specifically excluded from the scope of these investigations are
``Commercial'' or ``Heavy Commercial'' engines under 40 CFR 1054.107
and 1054.135 that have (1) a displacement of 160 cc or greater, (2) a
cast iron cylinder liner, (3) an automatic compression release, and (4)
a muffler with at least three chambers and volume greater than 400 cc.
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 small 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 March 18, 2020, by
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 (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.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
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 February
23, 2021, 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,
March 9, 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 Wednesday, March 3, 2021. 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 attend a prehearing conference to be held at 9:30
a.m. on Friday, March 5, 2021, if deemed necessary. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 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 March 2, 2021. 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 March
15, 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 petitions, on or before
March 15, 2021. On March 30, 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 April 1, 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
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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: November 20, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-26147 Filed 11-25-20; 8:45 am]
BILLING CODE 7020-02-P