[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Pages 76103-76105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26147]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-643 and 731-TA-1493 (Final)]


Small Vertical Shaft Engines From China; Scheduling of the Final 
Phase of Countervailing and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-643 and 731-TA-1493 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of small vertical shaft engines from 
China, provided for in subheadings 8407.90.10, 8409.91.99, 8433.11.00, 
8424.30.90, and 8407.90.90 of the Harmonized Tariff Schedule of the 
United States, preliminarily determined by the Department of Commerce 
(``Commerce'') to be subsidized and sold at less-than-fair-value.

DATES: October 21, 2020.

FOR FURTHER INFORMATION CONTACT: Charles Cummings ((202) 708-1666), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.-- For purposes of these investigations, Commerce has defined 
the subject merchandise as spark-ignited, nonroad, vertical shaft 
engines, whether finished or unfinished, whether assembled or 
unassembled, whether mounted or unmounted, primarily for walk-behind 
lawn mowers. Engines meeting this physical description may also be for 
other non-handheld outdoor power equipment, including but not limited 
to, pressure washers. The subject engines are spark ignition, single-
cylinder, air cooled, internal combustion engines with vertical power 
take off shafts with a minimum displacement of 99 cubic centimeters 
(cc) and a maximum displacement of up to, but not including, 225cc. 
Typically, engines with displacements of this size generate gross power 
of between 1.95 kilowatts (kw) to 4.75 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 this proceeding. 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 this proceeding.
    Certain small vertical shaft engines, whether or not mounted on 
non-hand-

[[Page 76104]]

held outdoor power equipment, including but not limited to walk-behind 
lawn mowers and pressure washers, are included in the scope. However, 
if a subject engine is imported mounted on such equipment, only the 
engine is covered by the scope. Subject merchandise includes certain 
small vertical shaft engines produced in the subject country whether 
mounted on outdoor power equipment in the subject country or in a third 
country. Subject engines are covered whether or not they are 
accompanied by other parts.
    For purposes of these investigations, 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 a sump, carburetor spacer, cylinder head(s), valve 
train, or valve cover(s), constitutes an unfinished engine for purposes 
of these investigations. The inclusion of other products such as spark 
plugs fitted into the cylinder head or electrical devices (e.g., 
ignition coils) for synchronizing with the engine 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. Specifically excluded from the scope of these investigations are 
``Commercial'' or ``Heavy Commercial'' engines under 40 CFR 1054.107 
and 1054.135 that have (1) a displacement of 160 cc or greater, (2) a 
cast iron cylinder liner, (3) an automatic compression release, and (4) 
a muffler with at least three chambers and volume greater than 400 cc.
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of small vertical shaft engines, and that such 
products are being sold in the United States at less than fair value 
within the meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The 
investigations were requested in petitions filed on March 18, 2020, by 
Briggs & Stratton Corporation, Wauwatosa, Wisconsin.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on February 
23, 2021, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
March 9, 2021. Information about the place and form of the hearing, 
including about how to participate in and/or view the hearing, will be 
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before Wednesday, March 3, 2021. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on Friday, March 5, 2021, if deemed necessary. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is March 2, 2021. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is March 
15, 2021. In addition, any person who has not entered an appearance as 
a party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations, including 
statements of support or opposition to the petitions, on or before 
March 15, 2021. On March 30, 2021, the Commission will make available 
to parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before April 1, 2021, but such final comments must not contain new 
factual information and must otherwise comply with Sec.  207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec.  201.8 of the

[[Page 76105]]

Commission's rules; any submissions that contain BPI must also conform 
with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: November 20, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-26147 Filed 11-25-20; 8:45 am]
BILLING CODE 7020-02-P