[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51269-51271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16580]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-130]


Certain Walk-Behind Lawn Mowers and Parts Thereof From the 
People's Republic of China: Preliminary Results of Countervailing Duty 
Administrative Review and Rescission of Review, in Part; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain walk-behind lawn mowers and parts 
thereof (lawn mowers) from the People's Republic of China (China) 
during the period or review (POR), October 30, 2020, through December 
31, 2021. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable August 3, 2023.

FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck,

[[Page 51270]]

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) 482-1240 or (202) 
482-7421, respectively.

SUPPLEMENTARY INFORMATION: Background
    On July 13, 2021, Commerce published the Order in the Federal 
Register.\1\ On September 6, 2022, Commerce published in the Federal 
Register the notice of initiation of an administrative review of the 
Order for the period October 30, 2020, through December 31, 2021.\2\ On 
August 1, 2022, we received timely requests for an administrative 
review from exporters and/or producers: Zhejiang Amerisun Technology 
Co., Ltd (Zhejiang Amerisun), Zhejiang Dobest Power Tools Co., Ltd. 
(Zhejiang Dobest), Ningbo Daye Garden Machinery Co., Ltd. (Ningbo 
Daye), Daye North America, Inc., and Ningbo Lingyue Intelligent 
Equipment Co. Ltd. (Ningbo Lingyue).\3\ As explained below, on October 
1, 2022, Zhejiang Amerisun and Zhejiang Dobest timely withdrew their 
requests for an administrative review of themselves.\4\ On October 18, 
2022, Commerce selected Ningbo Daye as the mandatory respondent in this 
administrative review.\5\ On March 2, 2023, Commerce extended the 
deadline for these preliminary results until July 28, 2023.\6\
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    \1\ See 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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463, 54474 (September 6, 2022).
    \3\ See Ningbo Daye's Letter, ``Request for Administrative 
Review,'' dated August 1, 2023; see also Zhejiang Amerisun and 
Zhejiang Dobest's Letter, ``Request for Administrative Review,'' 
dated August 1, 2022.
    \4\ See Zhejiang Amerisun's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated October 1, 2022 (Zhejiang Amerisun's 
Withdrawal of Review Request); see also Zhejiang Dobest's Letter, 
``Withdrawal of Request for Administrative Review,'' dated October 
1, 2022 (Zhejiang Dobest's Withdrawal of Review Request).
    \5\ See Memorandum, ``Mandatory Respondent Identification,'' 
dated October 18, 2022.
    \6\ See Memorandum ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated March 
2, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
A list of the topics included in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review, Rescission 
of Review in Part, 2020-2021: Certain Walk-Behind Lawn Mowers and 
Parts Thereof from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The products covered by the Order are lawn mowers from China. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. On October 1, 2022, Zhejiang 
Amerisun and Zhejiang Dobest timely withdrew their requests for an 
administrative review of themselves.\8\ No other party requested a 
review of these companies. Therefore, in accordance with 19 CFR 
351.213(d)(1), Commerce is rescinding this administrative review of the 
Order with respect to these two companies. For additional information 
regarding this determination, see the Preliminary Decision Memorandum.
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    \8\ See Zhejiang Amerisun's Withdrawal of Review Request and 
Zhejiang Dobest's Withdrawal of Review Request.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found countervailable, we 
preliminarily find that there is a subsidy, i.e., a financial 
contribution that gives rise to a benefit to the recipient and that the 
subsidy is specific.\9\
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    \9\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    In reaching these preliminary results, Commerce relied on facts 
otherwise available, with the application of adverse inferences, 
pursuant to section 776 of the Act. For further information, see ``Use 
of Facts Otherwise Available and Application of Adverse Inferences'' in 
the accompanying Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine the following net countervailable 
subsidy rates for the period October 30, 2020, through December 31, 
2021:
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    \10\ This rate applies to Ningbo Daye and its cross-owned 
companies: Zhejiang Jindaye Holdings Limited and Ningbo Lingyue.

------------------------------------------------------------------------
                                        Subsidy rate in  Subsidy rate in
           Producer/exporter             2020 (percent    2021 (percent
                                          ad valorem)      ad valorem)
------------------------------------------------------------------------
Ningbo Daye Garden Machinery Co.,                10.58             9.46
 Ltd.\10\.............................
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Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts above for the producer/exporters 
shown above. Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
determine, and the U.S. Customs and Border Protection (CBP) shall 
assess, countervailing duties on all appropriate entries covered by 
this review. We intend to issue these instructions to CBP no earlier 
than 35 days after the date of publication of the 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).

[[Page 51271]]

    For the companies for which we have rescinded this administrative 
review, we will instruct CBP to assess countervailing duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
countervailing duties required at the time of entry, or withdrawn from 
warehouse, for consumption, during the period October 30, 2020, through 
December 31, 2021, in accordance with 19 CFR 351.212(c)(1)(i). Commerce 
intends to issue appropriate assessment instructions directly to CBP no 
earlier than 35 days after the date of publication of this notice in 
the Federal Register.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts indicated for the producers/
exporters listed above for 2021, the second year covered by the period 
of review, on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this review. For all non-reviewed firms, CBP will 
continue to collect cash deposits of estimated countervailing duties at 
the all-others rate or the most recent company-specific rate applicable 
to the company, as appropriate. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the publication of these preliminary results of review in 
the Federal Register.\11\ Rebuttal comments, limited to issues raised 
in case briefs, may be submitted no later than seven days after the 
deadline for filing case briefs.\12\ Parties who submit case or 
rebuttal briefs in this administrative review are encouraged to submit 
with each argument: (1) a statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\13\ Case and rebuttal 
briefs must be filed using ACCESS.\14\ An electronically filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Easter Time on the established deadline. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\15\
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    \11\ See 19 CFR 351.309(c).
    \12\ See 19 CFR 351.309(d).
    \13\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \14\ See 19 CFR 351.303.
    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
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    Pursuant to 19 CFR 351.310(c), parties who wish to request a 
hearing, limited to issues raised in the case and rebuttal briefs, must 
do so within 30 days after the publication of these preliminary results 
by submitting a written request to the Assistant Secretary for 
Enforcement and Compliance using ACCESS. Hearing requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of the issues to be discussed. 
Issues addressed at the hearing will be limited to those raised in 
briefs. If a request for a hearing is made, Commerce will inform 
parties of the scheduled date for the hearing.\16\
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    \16\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, we intend to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
interested parties in their case briefs, within 120 days after the 
issuance of these preliminary results of this administrative review.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(d)(4) and 351.221(b)(4).

    Dated: July 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2023-16580 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P