[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8169-8170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02293]


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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: Final Results of Countervailing Duty 
Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Ningbo Daye Garden Machinery Co., Ltd. (Ningbo Daye), a producer/
exporter of certain walk-behind lawn mowers and parts thereof (lawn 
mowers) from the People's Republic of China (China), received 
countervailable subsidies during the period of review (POR), October 
30, 2020, through December 31, 2021.

DATES: Applicable February 6, 2024.

FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck, 
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 August 3, 2023, Commerce published the Preliminary Results of 
this administrative review in the Federal Register and invited interest 
parties to comment.\1\ We received timely-filed case briefs from the 
Government of China (GOC) and Ningbo Daye.\2\ On November 17, 2023, 
Commerce extended the deadline for issuing these final results to 
January 30, 2024.\3\ For a complete description of the events that 
occurred since the publication of the Preliminary Results, see the 
Issues and Decision Memorandum.\4\
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    \1\ See 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, 88 FR 51269 (August 3, 2023) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See GOC's Letter, ``Case Brief,'' dated September 12, 2023; 
Ningbo Daye's Letter, ``Ningbo Daye's Case Brief,'' dated September 
12, 2023.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2020-2021,'' dated 
November 17, 2023.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Certain Walk-Behind Lawn Mowers and Parts Thereof from the People's 
Republic of China; 2020-2021,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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    \5\ 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).
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    The merchandise covered by the Order is lawn mowers from China. For 
a complete description of the scope of the Order, see the Issues and 
Decision Memorandum.\6\
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    \6\ See Issues and Decision Memorandum at 2-3.
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Analysis of Comments Received

    All issues raised by interested parties in their case briefs are 
addressed in the Issues and Decision Memorandum. A list of the topics 
discussed in the Issues and Decision Memorandum is provided in the 
appendix to this notice. The Issues and 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 Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties and the evidence on the record, we revised the calculation of 
the net countervailable subsidy rate for Ningbo Daye. For a full 
description of these revisions, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted 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 find that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\7\ For a full description of the methodology underlying 
Commerce's conclusions, including any determination that relied upon 
the use of adverse facts available, pursuant to sections 776(a) and (b) 
of the Act, see the Issues and Decision Memorandum.
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    \7\ 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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Final Results of Administrative Review

    We determine the following net countervailable subsidy rate exists 
for the period October 30, 2020, through December 31, 2021:
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    \8\ This rate applies to Ningbo Daye and its cross-owned 
companies: Zhejiang Jindaye Holdings Limited and Ningbo Lingyue.

------------------------------------------------------------------------
                                                  Subsidy      Subsidy
                                                  rate for     rate for
                                                 the period   the period
                                                October 30,   January 1,
                                                   2020,        2021,
                    Company                       through      through
                                                  December     December
                                                  31, 2020     31, 2021
                                                (percent ad  (percent ad
                                                  valorem)     valorem)
------------------------------------------------------------------------
Ningbo Daye Garden Machinery Co., Ltd.\8\.....        9.12         8.57
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Disclosure

    Commerce intends to disclose to the calculations performed in 
connection with the final results of review within five days of a 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise covered by this review. Commerce intends 
to issue assessment 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

[[Page 8170]]

expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amount indicated above for the period 
January 1, 2021, through December 31, 2021, 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 
administrative review. For all non-reviewed firms subject to the Order, 
Commerce will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate (i.e., 15.95 percent) \9\ applicable to the company, as 
appropriate. These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.
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    \9\ See Order, 86 FR at 36703.
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Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: January 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates, and Benchmarks for 
Measuring Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to the Export Buyer's Credit Program (EBCP)
    Comment 2: Whether Commerce Should Apply AFA to find that the 
Provision of Electricity for Less Than Adequate Remuneration (LTAR) 
is Specific
    Comment 3: Whether Individually-Owned Cold-Rolled Steel (CRS) 
Input Suppliers Are Government Authorities
    Comment 4: Whether Commerce Should Change the Domestic Inland 
Freight Benchmarks Used to Measure the Benefit from the Provision of 
CRS for LTAR
    Comment 5: Whether Commerce Made Certain Errors in the Benefit 
Calculations for the Provision of CRS for LTAR and the Provision of 
Electricity for LTAR Programs
X. Recommendation

[FR Doc. 2024-02293 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P