[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30448-30450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10789]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-141, C-570-142]


Certain Walk-Behind Snow Throwers and Parts Thereof From the 
People's Republic of China: Antidumping Duty and Countervailing Duty 
Orders

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing antidumping duty (AD) and 
countervailing duty (CVD) orders on certain walk-behind snow throwers 
and parts thereof (snow throwers) from the People's Republic of China 
(China).

DATES: Applicable May 19, 2022.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita (AD) and Joy Zhang 
(CVD), AD/CVD Operations, Office III, Enforcement and Compliance, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-5848 or 202-482-1168, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (the Act), on March 29, 2022, Commerce published its 
affirmative final determination of sales at less than fair value (LTFV) 
and its affirmative final determination that countervailable subsidies 
are being provided to producers and exporters of snow throwers from 
China.\1\
---------------------------------------------------------------------------

    \1\ See Certain Walk-Behind Snow Throwers from the People's 
Republic of China: Final Affirmative Determination of Sales at Less 
Than Fair Value, 87 FR 17984 (March 29, 2022); see also Certain 
Walk-Behind Snow Throwers from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination, 87 FR 17987 (March 
29, 2022).
---------------------------------------------------------------------------

    On May 11, 2022, pursuant to sections 705(d) and 735(d) of the Act, 
the ITC notified Commerce of its final affirmative determinations that 
an industry in the United States is materially injured by reason of 
LTFV imports and subsidized imports of snow throwers from China, within 
the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the 
Act.\2\
---------------------------------------------------------------------------

    \2\ See ITC's Letter, ``Notification of ITC Final 
Determinations,'' dated May 11, 2022 (ITC Notification Letter).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by these orders are snow throwers from China. 
For a full description of the scope of the orders, see the appendix to 
this notice.

AD Order

    As stated above, on May 11, 2022, in accordance with section 735(d) 
of the Act, the ITC notified Commerce of its final determination 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 imports of 
snow throwers from China that are sold in the United States at LTFV.\3\ 
Therefore, in accordance with section 735(c)(2) of the Act, we are 
issuing this AD order. Because the ITC determined that imports of snow 
throwers from China are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from China entered, or 
withdrawn from warehouse, for consumption are subject to the assessment 
of antidumping duties.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce intends to 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 snow throwers from China. Antidumping duties will 
be assessed on unliquidated entries of snow throwers from China 
entered, or withdrawn from warehouse, for consumption on or after 
November 5, 2021, the date of publication of the AD Preliminary 
Determination, but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination, as further described below.\4\
---------------------------------------------------------------------------

    \4\ See Certain Walk-Behind Snow Throwers from the People's 
Republic of China: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, Postponement of the Final Determination and 
Extension of Provisional Measures, 86 FR 61135 (November 5, 2021) 
(AD Preliminary Determination).
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation--AD

    Except as noted in the ``Provisional Measures--AD'' section of this 
notice, in accordance with section 735(c)(1)(B)

[[Page 30449]]

of the Act, Commerce intends to instruct CBP to continue to suspend 
liquidation on all relevant entries of snow throwers from China. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce also intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the table below, adjusted by the relevant subsidy offsets. Accordingly, 
effective on the date of publication in the Federal Register of the 
notice of the ITC's final affirmative injury determination, CBP must 
require, at the same time as importers would normally deposit estimated 
customs duties on subject merchandise, a cash deposit equal to the 
rates listed in the table below.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                              Cash deposit rate
                                                                        Estimated weighted-     (adjusted for
                 Exporter                            Producer             average dumping      subsidy offsets)
                                                                          margin (percent)        (percent)
----------------------------------------------------------------------------------------------------------------
Zhejiang Zhouli Industrial Co., Ltd......  Zhejiang Zhouli Industrial                163.27               142.19
                                            Co., Ltd.
Ningbo Scojet Import & Export Trade Co.,   Ninghai Yiyi Garden Tools                 163.27               142.19
 Ltd.                                       Co., Ltd.
Sumec Hardware and Tools Co., Ltd........  Zhejiang KC Mechanical &                  163.27               142.19
                                            Electrical Co., Ltd.
Zhejiang Amerisun Technology Co., Ltd....  Zhejiang Dobest Power Tools               169.27               142.19
                                            Co., Ltd.
Zhejiang KC Mechanical & Electrical Co.,   Zhejiang KC Mechanical &                  169.27               142.19
 Ltd.                                       Electrical Co., Ltd.
China-Wide Entity........................  ...........................               223.07               201.99
----------------------------------------------------------------------------------------------------------------

Provisional Measures--AD

    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 snow throwers from China, Commerce extended the four-month period to 
six months in this AD investigation. Commerce published the AD 
Preliminary Determination on November 5, 2021.\5\
---------------------------------------------------------------------------

    \5\ See AD Preliminary Determination.
---------------------------------------------------------------------------

    The extended provisional measures period, beginning on the date of 
publication of the AD Preliminary Determination, ended on May 3, 2022. 
Therefore, in accordance with section 733(d) of the Act and our 
practice, Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of snow throwers from China entered, or withdrawn 
from warehouse, for consumption after May 3, 2022, 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 determination 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 determination in the Federal Register.

CVD Order

    As stated above, on May 11, 2022, in accordance with section 705(d) 
of the Act, the ITC notified Commerce of its final determination that 
the industry in the United States is materially injured within the 
meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized 
imports of snow throwers from China.\6\ Therefore, in accordance with 
section 705(c)(2) of the Act, Commerce is issuing this CVD order. 
Because the ITC determined that imports of snow throwers from China are 
materially injuring a U.S. industry, unliquidated entries of subject 
merchandise from China entered, or withdrawn from warehouse, for 
consumption, are subject to the assessment of countervailing duties.
---------------------------------------------------------------------------

    \6\ See ITC Notification Letter.
---------------------------------------------------------------------------

    Therefore, in accordance with section 706(a) of the Act, Commerce 
intends to direct CBP to assess, upon further instruction by Commerce, 
countervailing duties for all relevant entries of snow throwers from 
China, which are entered, or withdrawn from warehouse, for consumption 
on or after September 10, 2021, the date of publication of the CVD 
Preliminary Determination, but will not include entries occurring after 
the expiration of the provisional measures period and before the 
publication of the ITC's final injury determination under section 
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\7\
---------------------------------------------------------------------------

    \7\ See Certain Walk-Behind Snow Throwers and Parts Thereof from 
the People's Republic of China: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Determination, 86 FR 50696 
(September 10, 2021) (CVD Preliminary Determination).
---------------------------------------------------------------------------

Suspension of Liquidation and Cash Deposits--CVD

    In accordance with section 706 of the Act, Commerce intends to 
instruct CBP to reinstitute the suspension of liquidation of snow 
throwers from China, effective on the date of publication of the ITC's 
final affirmative injury determination in the Federal Register, and to 
assess, upon further instruction by Commerce, pursuant to section 
706(a)(1) of the Act, countervailing duties for each entry of subject 
merchandise in an amount based on the net countervailable subsidy rates 
below. On or after the date of publication of the ITC's final injury 
determination in the Federal Register, CBP must require, at the same 
time as importers would normally deposit estimated customs duties on 
this merchandise, a cash deposit equal to the rates listed in the table 
below. These instructions suspending liquidation will remain in effect 
until further notice. The all-others rate applies to all producers or 
exporters not specifically listed below, as appropriate:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
                                                               (percent)
------------------------------------------------------------------------
Zhejiang Zhouli Industrial Co................................     203.06
Changzhou Globe Tools Co., Ltd...............................     203.06
Nanjing Chervon Industry Co., Ltd............................     203.06
Ningbo Daye Garden Machinery Co., Ltd........................     203.06
Ningbo Joyo Garden Machinery Co., Ltd........................     203.06
Ningbo Scojet Import & Export Trading........................     203.06
TIYA International Co., Ltd..................................     203.06
Weima Agricultural Machinery Co., Ltd........................     203.06
Zhejiang Yat Electrical Appliance Co.........................     203.06
All Others...................................................     203.06
------------------------------------------------------------------------

Provisional Measures--CVD

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect

[[Page 30450]]

for more than four months. Commerce published the CVD Preliminary 
Determination on September 10, 2021.\8\ As such, the four-month period 
beginning on the date of the publication of the CVD Preliminary 
Determination ended on January 7, 2022.
---------------------------------------------------------------------------

    \8\ Id.
---------------------------------------------------------------------------

    Therefore, in accordance with section 703(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of snow throwers from China entered, or withdrawn from 
warehouse, for consumption, on or after January 7, 2022, the date on 
which the provisional measures expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to snow 
throwers from China pursuant to sections 706(a) and 736(a) of the Act. 
Interested parties can find a list of orders currently in effect at 
https://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with sections 706(a) and 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: May 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Orders

    The merchandise covered by these orders consists of gas-powered, 
walk-behind snow throwers (also known as snow blowers), which are 
snow moving machines that are powered by internal combustion engines 
and primarily pedestrian-controlled. The scope of these orders 
covers certain snow throwers (also known as snow blowers), 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 
snow throwing. Subject merchandise also includes finished and 
unfinished snow throwers that are further processed in a third 
country or in the United States, including, but not limited to, 
assembly or any other processing that would not otherwise remove the 
merchandise from the scope of these orders if performed in the 
country of manufacture of the in-scope snow throwers.
    Walk-behind snow throwers subject to the scope of these orders 
are powered by internal combustion engines which are typically spark 
ignition, single or multiple cylinder, and air-cooled with power 
take off shafts.
    For the purposes of these orders, an unfinished and/or 
unassembled snow thrower means at a minimum, a subassembly comprised 
of an engine, auger housing (i.e., intake frame), and an auger (or 
``auger paddle'') packaged or imported together. An intake frame is 
the portion of the snow thrower--typically of aluminum or steel that 
houses and protects an operator from a rotating auger and is the 
intake point for the snow. Importation of the subassembly whether or 
not accompanied by, or attached to, additional components including, 
but not limited to, handle(s), impeller(s), chute(s), track 
tread(s), or wheel(s) constitutes an unfinished snow thrower for 
purposes of these orders. The inclusion in a third country of any 
components other than the snow thrower sub-assembly does not remove 
the snow thrower from the scope. A snow thrower is within the scope 
of these orders regardless of the origin of its engine.
    Specifically excluded is merchandise covered by the scope of the 
antidumping and countervailing duty orders on certain vertical shaft 
engines between 225cc and 999cc, and parts thereof from the People's 
Republic of China. See Certain Vertical Shaft Engines Between 225cc 
and 999cc, and Parts Thereof, from the People's Republic of China: 
Amended Final Antidumping Duty Determination and Antidumping Duty 
Order, 86 FR 12623 (March 4, 2021); and Certain Vertical Shaft 
Engines Between 225cc and 999cc, and Parts Thereof from the People's 
Republic of China: Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination, 86 FR 12619 (March 4, 
2021).
    Also specifically excluded is merchandise 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 from the People's Republic of China. See Certain Vertical 
Shaft Engines Between 99cc and Up to 225cc, and Parts Thereof from 
the People's Republic of China: Antidumping and Countervailing Duty 
Orders, 86 FR 023675 (May 4, 2021).
    The snow throwers subject to these orders are typically entered 
under Harmonized Tariff Schedule of the United States (HTSUS) 
subheading 8430.20.0060. Certain parts of snow throwers subject to 
these orders may also enter under HTSUS 8431.49.9095. 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. 2022-10789 Filed 5-18-22; 8:45 am]
BILLING CODE 3510-DS-P