[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 19921-19923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06974]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-119]


Certain Large Vertical Shaft Engines Between 225cc and 999cc, and 
Parts Thereof From the People's Republic of China: Final Results of the 
Antidumping Duty Administrative Review; 2020-2022

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
Honda Power Products (China) Co., Ltd. (Honda), the sole company 
subject to the administrative review of the antidumping duty order on 
certain large vertical shaft engines between 225cc and 999cc, and parts 
thereof (large VSE) from the People's Republic of China (China) 
covering the period of review (POR) August 19, 2020, through February 
28, 2022, is not eligible for a separate rate and, thus, is part of the 
China-wide entity.

DATES: Applicable April 4, 2023.

FOR FURTHER INFORMATION CONTACT: Jacob Saude, 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) 482-0981.

[[Page 19922]]


SUPPLEMENTARY INFORMATION:

Background

    On December 13, 2022, Commerce published the preliminary results 
for this administrative review.\1\ We invited interested parties to 
comment on the Preliminary Results. No interested parties submitted 
comments. Accordingly, Commerce has made no changes to the Preliminary 
Results. Commerce conducted this administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Large Vertical Shaft Engines Between 225cc and 
999cc, and Parts Thereof from the People's Republic of China: 
Preliminary Results and Rescission, in Part, of the Antidumping Duty 
Administrative Review; 2020-202287 FR 76178 (December 13, 2022) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
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Scope of the Order \2\
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    \2\ 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) (Order).
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    The scope of the Order consists of spark-ignited, non-road, 
vertical shaft engines, whether finished or unfinished, whether 
assembled or unassembled, primarily for riding lawn mowers and zero-
turn 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 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 the Order. 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 the Order.
    For purposes of the Order, 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 this order. 
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.
    The engines subject to the Order are typically classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 
8407.90.1020, 8407.90.1060, and 8407.90.1080. The engine subassemblies 
that are subject to the Order enter under HTSUS subheading 
8409.91.9990. Engines subject to the Order may also enter under HTSUS 
subheadings 8407.90.9060 and 8407.90.9080. The HTSUS subheadings are 
provided for convenience and customs purposes only, and the written 
description of the merchandise subject to the Order is dispositive.

Final Results of Administrative Review

    We received no comments on, and made no changes to, the Preliminary 
Results. We continue to find that the sole mandatory respondent, Honda, 
is not eligible for a separate rate, and, thus, is part of the China-
wide entity. In this administrative review, no party requested a review 
of the China-wide entity, and Commerce did not self-initiate a review 
of the China-wide entity. Because no review of the China-wide entity is 
being conducted, the China-wide entity rate is not subject to change as 
a result of this review. The rate previously established for the China-
wide entity is 456.10 percent.\3\
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    \3\ See Order, 86 FR at 12624.
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. We 
intend to instruct CBP to apply an ad valorem assessment rate of 456.10 
percent (i.e., the China-wide entity rate), to all entries of subject 
merchandise during the POR which were exported by Honda. Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of these final results of this review in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) for Honda, that has not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
China-wide entity; (2) for previously investigated or reviewed Chinese 
and non-Chinese exporters that received a separate rate in a prior 
segment of this proceeding, the cash deposit rate will continue to be 
the existing exporter-specific rate; (3) for all Chinese exporters of 
subject merchandise that have not been found eligible for a separate 
rate, the cash deposit rate will be that for the China-wide entity; and 
(4) for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification of Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during the POR. Failure to 
comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

[[Page 19923]]

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of this review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 
351.221(b)(5).

    Dated: March 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-06974 Filed 4-3-23; 8:45 am]
BILLING CODE 3510-DS-P