[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36703-36705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14840]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-129, A-552-830]


Certain Walk-Behind Lawn Mowers and Parts Thereof From the 
People's Republic of China and the Socialist Republic of Vietnam: 
Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing antidumping duty orders on certain walk-behind lawn 
mowers and parts thereof (lawn mowers) from the People's Republic of 
China (China) and the Socialist Republic of Vietnam (Vietnam).

DATES: Applicable July 13, 2021.

FOR FURTHER INFORMATION CONTACT: Marc Castillo or Fred Baker at 202-
482-0519 and 202-482-2924, respectively (China), and Frank Schmitt or 
Mark Flessner at 202-482-4880 and 202-482-6312, respectively (Vietnam); 
AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 20, 2021, Commerce published its affirmative final 
determinations in the less-than-fair-value (LTFV) investigations of 
lawn mowers from China and Vietnam.\1\ On July 6, 2021, the ITC 
notified Commerce of its final determinations, pursuant to section 
735(d) of the Tariff Act of 1930, as amended (the Act), that an 
industry in the United States is materially injured within the meaning 
of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of lawn 
mowers from

[[Page 36704]]

China, and is threatened with material injury by reason of LTFV imports 
of lawn mowers from Vietnam.\2\
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    \1\ See Certain Walk-Behind Lawn Mowers and Parts Thereof from 
the People's Republic of China: Final Affirmative Determination of 
Sales at Less Than Fair Value, 86 FR 27384 (May 20, 2021); see also 
Certain Walk-Behind Lawn Mowers and Parts Thereof from the Socialist 
Republic of Vietnam: Final Affirmative Determination of Sales at 
Less Than Fair Value, 86 FR 27382 (May 20, 2021).
    \2\ See ITC Notification Letter, Investigation Nos. 701-TA-648 
731-TA-1521-1522 (Final), dated July 6, 2021.
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Scope of the Orders

    The products covered by these orders are lawn mowers from China and 
Vietnam. For a complete description of the scope of these orders, see 
the appendix to this notice.

Antidumping Duty Orders

    On July 6, 2021, in accordance with sections 735(b)(1)(A)(i)-(ii) 
and 735(d) of the Act, the ITC notified Commerce of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
imports of lawn mowers from China, and is threatened with material 
injury by reason of imports of lawn mowers from Vietnam.\3\ Therefore, 
in accordance with section 735(c)(2) of the Act, we are issuing these 
antidumping duty orders. Because the ITC determined that imports of 
lawn mowers from China are materially injuring a U.S. industry and 
imports of lawn mowers from Vietnam are threatening material injury to 
a U.S. industry, unliquidated entries of such merchandise from China 
and Vietnam, which are entered, or withdrawn from warehouse, for 
consumption are subject to the assessment of antidumping duties. 
Therefore, in accordance with section 736(a)(1) of the Act, Commerce 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, antidumping duties equal to the amount 
by which the normal value of the merchandise exceeds the export price 
(or constructed export price) of the merchandise, for all relevant 
entries of lawn mowers from China and Vietnam.
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    \3\ Id.
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    With respect to China, antidumping duties will be assessed on 
unliquidated entries of lawn mowers from China entered, or withdrawn 
from warehouse, for consumption on or after December 30, 2020, the date 
of publication of the China Preliminary Determination.\4\
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    \4\ See Certain Walk-Behind Lawn Mowers and Parts Thereof from 
the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 85 FR 
86529 (December 30, 2020) (China Preliminary Determination).
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    With respect to Vietnam, because the ITC's final determination is 
based on the threat of material injury, other than threat of material 
injury described in section 736(b)(1) of the Act, duties shall be 
assessed on subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the ITC's notice 
of final determination, pursuant to section 736(b)(2) of the Act. In 
addition, section 736(b)(2) of the Act requires CBP to release any bond 
or other security, and refund any cash deposit made of estimated 
antidumping duties posted since Commerce's preliminary antidumping duty 
determination.
    Accordingly, Commerce will direct CBP to terminate the suspension 
of liquidation for entries of lawn mowers from Vietnam entered, or 
withdrawn from warehouse, for consumption prior to the publication of 
the ITC final determination in the Federal Register. Commerce will also 
instruct CBP to refund any cash deposits made with respect to entries 
of lawn mowers from Vietnam entered, or withdrawn from warehouse, for 
consumption on or after December 30, 2020, (the date of publication of 
the Vietnam Preliminary Determination \5\), but before June 28, 2021 
(the date suspension of liquidation was discontinued in accordance with 
section 733(d) of the Act).
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    \5\ See Certain Walk-Behind Lawn Mowers and Parts Thereof from 
the Socialist Republic of Vietnam: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 85 FR 
86534 (December 30, 2020) (Vietnam Preliminary Determination).
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Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to continue to suspend liquidation on all relevant entries of lawn 
mowers from China, which are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's final 
determination in the Federal Register. Commerce will also instruct CBP 
to reinstitute the suspension of liquidation of lawn mowers from 
Vietnam, effective the date of publication of the ITC's final 
determination in the Federal Register, and to assess, upon further 
instruction by Commerce, pursuant to section 736(a)(1) of the Act, 
antidumping duties for each entry of the subject merchandise equal to 
the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determinations, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rates listed below.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of lawn mowers from China and Vietnam, Commerce extended the four-month 
period to six months in each of these investigations. Commerce 
published the preliminary determinations in these investigations on 
December 30, 2020.\6\
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    \6\ See China Preliminary Determination; see also Vietnam 
Preliminary Determination.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on June 27, 2021. 
Therefore, in accordance with section 733(d) of the Act and our 
practice,\7\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of lawn mowers from China and Vietnam entered, or 
withdrawn from warehouse, for consumption after June 27, 2021, the 
final day on which the provisional measures were in effect, until and 
through the day preceding the date of publication of the ITC's final 
affirmative injury determinations in the Federal Register. Suspension 
of liquidation and the collection of cash deposits will resume on the 
date of publication of the ITC's final determinations in the Federal 
Register.
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    \7\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, India, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

China

[[Page 36705]]



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                                                                                                   Cash deposit
                                                                                     Estimated         rates
                                                                                     weighted-     (adjusted for
                   Producer                                 Exporter                  average         subsidy
                                                                                  dumping margin     offsets)
                                                                                     (percent)       (percent)
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Ningbo Daye Garden Machinery Co., Ltd.........  Ningbo Daye Garden Machinery               98.73           88.14
                                                 Co., Ltd.
Chongqing Dajiang Power Equipment Co., Ltd....  Chongqing Dajiang Power                    98.73           88.17
                                                 Equipment Co., Ltd.
MTD Machinery (Suzhou) Co., Ltd...............  MTD Machinery (Suzhou) Co., Ltd.           98.73           88.17
Qianjiang Group Wenling Jennfeng Industry, Inc  Sumec Hardware & Tools Co., Ltd.           98.73           88.17
Sumec Hardware & Tools Co., Ltd...............  Sumec Hardware & Tools Co., Ltd.           98.73           88.17
Zhejiang KC Mechanical & Electrical Co., Ltd..  Sumec Hardware & Tools Co., Ltd.           98.73           88.17
Zhejiang Dobest Power Tools Co., Ltd..........  Zhejiang Amerisun Technology               98.73           88.17
                                                 Co., Ltd.
Zhejiang Dobest Power Tools Co., Ltd..........  Zhejiang Dobest Power Tools Co.,           98.73           88.17
                                                 Ltd.
Zhejiang YAT Electrical Appliance Co., Ltd....  Zhejiang YAT Electrical                    98.73           88.17
                                                 Appliance Co., Ltd.
Zhejiang Zhongjian Technology Co., Ltd........  Zhejiang Zhongjian Technology              98.73           88.17
                                                 Co., Ltd.
China-Wide Entity.............................  ................................          274.29          263.75
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Vietnam

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
             Producer                     Exporter            average
                                                          dumping margin
                                                             (percent)
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Ducar Technology Co., Ltd.........  Ducar Technology              148.35
                                     Co., Ltd.
Vietnam-Wide Entity...............  ....................          176.37
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
lawn mowers from China and Vietnam pursuant to section 736(a) of the 
Act. Interested parties can find a list of antidumping duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These antidumping duty orders are published in accordance with 
sections 735(e) and 736(a) of the Act, and 19 CFR 351.224(e) and 19 CFR 
351.211(b).

    Dated: July 8, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--Scope of the Orders

    The merchandise covered by these orders consists of certain 
rotary walk-behind lawn mowers, which are grass-cutting machines 
that are powered by internal combustion engines. The scope of these 
orders covers 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 these orders 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 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 
these orders.
    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 these 
orders.
    For purposes of these orders, 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 these orders. The inclusion in a third country of any 
components other than the mower subassembly does not remove the lawn 
mower from the scope. Lawn mowers that meet the physical description 
above are covered by the scope of these orders regardless of the 
origin of its engine, unless such lawn mowers contain an engine that 
is covered by the scope of the antidumping and countervailing duty 
orders on certain vertical shaft engines between 99cc and up to 
225cc, and parts thereof (small vertical engines) from China. If the 
antidumping or countervailing duty orders on small vertical engines 
from China are terminated, the lawn mowers containing small vertical 
engines from China will be covered by the scope of these orders.
    The lawn mowers subject to these orders are typically at 
subheading: 8433.11.0050. Lawn mowers subject to these orders 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 these orders is dispositive.

[FR Doc. 2021-14840 Filed 7-12-21; 8:45 am]
BILLING CODE 3510-DS-P