[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47108-47110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15529]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-129, C-570-130]


Certain Walk-Behind Lawn Mowers and Parts Thereof From the 
People's Republic of China: Notice of Rescission of Circumvention 
Inquiry on the Antidumping and Countervailing Duty Orders

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding a

[[Page 47109]]

circumvention inquiry regarding whether certain lawn mowers assembled 
or completed in the United States by attaching Chinese cutting deck 
shells (attached to at least one significant non-engine component) to 
internal combustion engines are circumventing the antidumping duty (AD) 
and countervailing duty (CVD) orders on certain walk-behind lawn mowers 
and parts thereof (lawn mowers) from the People's Republic of China 
(China).

DATES: Applicable July 21, 2023.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Natasia Harrison, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-5760 or (202) 
482-1240, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 3, 2023, Commerce published the notice of intent to 
rescind a circumvention inquiry regarding whether certain lawn mowers 
assembled or completed in the United States by attaching Chinese 
cutting deck shells (attached to at least one significant non-engine 
component) to internal combustion engines are circumventing the AD and 
CVD orders on lawn mowers from China under section 781(a) of the Tariff 
Act of 1930, as amended (the Act).\1\ We invited interested parties to 
submit comments and rebuttals on our intent to rescind.\2\ On March 17, 
2023, MTD Products Inc. and its parent company, Stanley Black & Decker, 
Inc. (collectively, the petitioner) submitted comments.\3\ On March 24, 
2023, Ningbo Daye Garden Machinery Co., Ltd., Ningbo Lingyue 
Intelligent Equipment Co., Ltd., and Daye North America, Inc. 
(collectively, Daye) submitted rebuttal comments.\4\
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    \1\ See Certain Walk-Behind Lawn Mowers and Parts Thereof from 
the People's Republic of China: Notice of Intent To Rescind 
Circumvention Inquiry on the Antidumping and Countervailing Duty 
Orders, 88 FR 13434 (March 3, 2023) (Intent to Rescind), and 
accompanying Memorandum of Intent to Rescind; see also Certain Walk-
Behind Lawn Mowers and Parts Thereof from the People's Republic of 
China and the Socialist Republic of Vietnam: Antidumping Duty 
Orders, 86 FR 36703 (July 13, 2021); and Certain Walk-Behind Lawn 
Mowers and Parts Thereof from the People's Republic of China: 
Countervailing Duty Order and Amended Final Affirmative 
Countervailing Duty Determination, 86 FR 36702 (July 13, 2021) 
(collectively, Orders).
    \2\ See Intent to Rescind, 88 FR at 13435.
    \3\ See Petitioner's Letter, ``Comments of MTD Products, Inc and 
Stanley Black & Decker, Inc. in Opposition to the Notice of Intent 
to Rescind the Anticircumvention Inquiry,'' dated March 17, 2023. 
MTD Products, Inc. was the petitioner in the underlying 
investigations. See Certain Walk-Behind Lawn Mowers and Parts 
Thereof from the People's Republic of China and the Socialist 
Republic of Vietnam: Initiation of Less-Than-Fair-Value 
Investigations, 85 FR 37417, n.1 (June 22, 2020).
    \4\ See Daye's Letter, ``Response to Petitioner's Comments in 
Opposition to the Notice of Intent to Rescind the Anticircumvention 
Inquiry,'' dated March 24, 2023.
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    For a full discussion of the basis for our rescission of this 
circumvention inquiry, see the Decision Memorandum.\5\ A list of topics 
discussed in the Decision Memorandum is included as the appendix to 
this notice. The Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Certain Walk-Behind Lawn Mowers and Parts 
Thereof from the People's Republic of China: Rescission of 
Circumvention Inquiry on the Antidumping and Countervailing Duty 
Orders,'' dated concurrently with, and hereby adopted by, this 
notice (Decision Memorandum).
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Scope of the Orders

    The products covered by these Orders are lawn mowers from China. A 
full description of the scope of the Orders is provided in the Decision 
Memorandum.

Merchandise Subject to the Circumvention Inquiry

    The merchandise subject to this circumvention inquiry are lawn 
mower sub-assemblies imported from China and comprised of a cutting 
deck shell attached to at least one other significant non-engine 
component, such as, but not limited to, a handle, wheels, grass catcher 
bag, or an electronic starter. These sub-assemblies are assembled or 
completed in the United States by attaching internal combustion engines 
to produce rotary walk-behind lawn mowers of the type that would be 
subject to the Orders.\6\ The 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. Cutting deck shells are typically entered 
under Harmonized Tariff Schedule of the United States (HTSUS) 
subheading 8433.11 or 8433.90.
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    \6\ This inquiry does not include lawn mowers assembled or 
completed in the United States using small vertical engines from 
China that are covered by the scope of the antidumping and 
countervailing duty orders on certain vertical shaft engines between 
99cc and up to 225 cc, and parts thereof. See Initiation Notice, 87 
FR at 65034, n.11.
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Rescission of Circumvention Inquiry

    As explained above, this circumvention inquiry covers cutting deck 
shells attached to at least one other significant non-engine component, 
such as, but not limited to, a handle, wheels, grass catcher bag, or an 
electronic starter. We find that the inquiry merchandise is 
specifically excluded from the scope of the Orders because it is not 
imported as ``at a minimum, a sub-assembly comprised of an engine and a 
cutting deck shell attached to one another.'' \7\ We also find that it 
is not appropriate to conduct a circumvention inquiry on such 
specifically excluded merchandise. Therefore, Commerce is rescinding 
this circumvention inquiry, in accordance with 19 CFR 351.226(f)(6). 
For more explanation, see the Decision Memorandum.
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    \7\ See Decision Memorandum at 2.
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Suspension of Liquidation

    Pursuant to 19 CFR 351.226(l)(1), Commerce notified U.S. Customs 
and Border Protection (CBP) of the initiation of this circumvention 
inquiry and directed CBP to continue the suspension of liquidation of 
entries of products subject to the circumvention inquiry that were 
already subject to the suspension of liquidation under the Orders and 
to apply the cash deposit rate that would be applicable if the products 
were determined to be covered by the scope of the Orders.\8\ Because we 
are now rescinding this inquiry, Commerce will inform CBP accordingly 
and instruct CBP to continue to suspend entries of lawn mowers from 
China that are subject to the Orders at the applicable rate(s) in 
effect on the date of entry until specific liquidation instructions are 
issued.
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    \8\ See CBP Message No. 2305407, dated November 1, 2022.
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Notification to Interested Parties

    This notice is issued and published in accordance with 19 CFR 
351.226(f)(6).

    Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Discussion of the Issue

[[Page 47110]]

    Comment: Whether to Rescind this Circumvention Inquiry
VI. Recommendation

[FR Doc. 2023-15529 Filed 7-20-23; 8:45 am]
BILLING CODE 3510-DS-P