86534 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 

1See 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 37426 

(June 22, 2020) (Initiation Notice). 

2See Memorandum, ‘‘Antidumping Investigation 

of Certain Walk-Behind Lawn Mowers and Parts 

Thereof from the Socialist Republic of Vietnam: 

Identification of Mandatory Respondent,’’ dated 

July 29, 2020. 

3See Certain Walk-Behind Lawn Mowers and 

Parts Thereof from the People’s Republic of China 

and the Socialist Republic of Vietnam: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair-Value Investigations, 85 FR 48506 

(August 11, 2020). 

4See Memorandum, ‘‘Certain Walk-Behind Lawn 

Mowers from the Socialist Republic of Vietnam: 

Decision Memorandum for Preliminary Affirmative 

Determination of Sales at Less Than Fair Value,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Preliminary Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

6See Initiation Notice. 

7See Memorandum, ‘‘Request for Comments 

Regarding Scope Overlap,’’ dated November 6, 

2020. 

8See Memorandum, ‘‘Antidumping and 

Countervailing Duty Investigations of Lawn Mowers 

from the People’s Republic of China and the 

Socialist Republic of Vietnam: Preliminary Scope 

Decision Memorandum,’’ dated concurrently with 

this notice. 

Notification Regarding Administrative 

Protective Orders 

This notice serves as a reminder to 

parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return or 

destruction of APO materials, or 

conversion to judicial protective order, 

is hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing these 

amended final results of review in 

accordance with sections 751(h) and 

777(i) of the Act and 19 CFR 351.224(e). 

Dated: December 22, 2020. 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2020–28829 Filed 12–29–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–830] 

Certain Walk-Behind Lawn Mowers and 

Parts Thereof From the Socialist 

Republic of Vietnam: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value, Postponement 

of Final Determination, and Extension 

of Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that certain walk-behind lawn mowers 

and parts thereof (lawn mowers) from 

the Socialist Republic of Vietnam 

(Vietnam) are being, or are likely to be, 

sold in the United States at less than fair 

value (LTFV). The period of 

investigation (POI) is October 1, 2019 

through March 31, 2020. Interested 

parties are invited to comment on this 

preliminary determination. 

DATES: Applicable December 30, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Frank Schmitt or Mark Flessner, 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) 482–4880 or (202) 482–6312, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on June 22, 2020.1 We selected Ducar 

Technology Co., Ltd. (Ducar) as the 

mandatory respondent.2 On August 11, 

2020, Commerce postponed the 

preliminary determination of this 

investigation, and the revised deadline 

is now December 22, 2020.3 For a 

complete description of the events that 

followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II 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 http://enforcement.trade.gov/frn/. 

The signed and the electronic versions 

of the Preliminary Decision 

Memorandum are identical in content. 

Scope of the Investigation 

The products covered by this 

investigation are certain walk-behind 

lawn mowers and parts thereof from 

Vietnam. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,5 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).6 No interested 

party commented on the scope of the 

investigation within the allotted time 

period. However, on November 6, 2020, 

Commerce solicited comments from 

interested parties regarding the overlap 

in the scope of the antidumping (AD) 

and countervailing duty (CVD) 

investigations of lawn mowers and the 

scope of the AD and CVD investigations 

of certain vertical shaft engines and 

parts thereof from China, and certain 

interested parties submitted comments 

and rebuttal comments.7 For a summary 

of the product coverage comments and 

rebuttal responses submitted to the 

record for this investigation, and 

accompanying discussion and analysis 

of all comments timely received, see the 

Preliminary Scope Determination 

Memorandum.8 As a result of our 

analysis of comments received, we have 

preliminarily revised the scope of the 

investigation. See Appendix I. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Commerce has 

calculated export prices in accordance 

with section 772(a) of the Act and 

constructed export prices in accordance 

with section 772(b) of the Act. Because 

Vietnam is a non-market economy, 

within the meaning of section 771(18) of 

the Act, Commerce has calculated 

normal value in accordance with section 

773(c) of the Act. 

In addition, Commerce has relied on 

facts available under section 776(a) of 

the Act to determine the cash deposit 

rate assigned to the Vietnam-wide 

entity. Furthermore, pursuant to 

sections 776(a) and (b) of the Act, 

because the Vietnam-wide entity did not 

cooperate to the best of its ability in 

responding to Commerce’s request for 

data, Commerce has preliminarily relied 

upon facts otherwise available, with 

adverse inferences, for the Vietnamwide entity. For a full description of the 

methodology underlying Commerce’s 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 86535 

9See Initiation Notice at 85 FR 12506. 10See Enforcement and Compliance’s Policy 

Bulletin No. 05.1, regarding, ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigations involving Non-Market 

Economy Countries,’’ (April 5, 2005) (Policy 

Bulletin 05.1), available on Commerce’s website at 

http://enforcement.trade.gov/policy/bull05-1.pdf. 11The Vietnam-wide entity includes Techtronic 

Cordless GP, a producer or exporter of merchandise 

under consideration that was issued, but did not 

respond to, Commerce’s Q&V Questionnaire. 

12See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

13See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

Combination Rates 

In the Initiation Notice,9 Commerce 

stated that it would calculate producer/ 

exporter combination rates for the 

respondents that are eligible for a 

separate rate in this investigation. Policy 

Bulletin 05.1 describes this practice.10

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 

Producer Exporter 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Ducar Technology Co., Ltd ........................................................ Ducar Technology Co., Ltd ........................................................ 183.87 

Vietnam-Wide Entity 11 ............................................................... ..................................................................................................... 221.34 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of subject 

merchandise, as described in the scope 

of the investigation section, entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register, as discussed below. Further, 

pursuant to section 733(d)(1)(B) of the 

Act and 19 CFR 351.205(d), Commerce 

will instruct CBP to require a cash 

deposit equal to the weighted average 

amount by which normal value exceeds 

U.S. price, as indicated in the chart 

above, as follows: (1) For the producer/ 

exporter combinations listed in the table 

above, the cash deposit rate is equal to 

the estimated weighted-average 

dumping margin listed for that 

combination in the table; (2) for all 

combinations of Vietnam producers/ 

exporters of subject merchandise that 

have not established eligibility for their 

own separate rates, the cash deposit rate 

will be equal to the estimated weightedaverage dumping margin established for 

the Vietnam-wide entity; and (3) for all 

third-county exporters of subject 

merchandise not listed in the table 

above, the cash deposit rate is the cash 

deposit rate applicable to the Vietnam 

producer/exporter combination (or 

Vietnam-wide entity) that supplied that 

third-country exporter. 

Disclosure 

Commerce intends to disclose to 

interested parties the calculations 

performed in connection with this 

preliminary determination within five 

days of its public announcement or, if 

there is no public announcement, 

within five days of the date of 

publication of this notice in accordance 

with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. Normally, 

Commerce verifies information using 

standard procedures, including an onsite examination of original accounting, 

financial, and sales documentation. 

However, due to current travel 

restrictions in response to the global 

COVID–19 pandemic, Commerce is 

unable to conduct on-site verification in 

this investigation. Accordingly, we 

intend to verify the information relied 

upon in making the final determination 

through alternative means in lieu of an 

on-site verification. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance. A timeline for the 

submission of case briefs and written 

comments on non-scope issues will be 

announced on a later date. Rebuttal 

briefs, limited to issues raised in case 

briefs, may be submitted no later than 

seven days after the deadline date for 

case briefs.12 Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information until further notice.13

Pursuant to 19 CFR 351.309(c)(2) and 

(d)(2), parties who submit case briefs or 

rebuttal briefs in this investigation 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. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. Parties should 

confirm the date and time of the hearing 

two days before the scheduled date. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Act provides 

that a final determination may be 

postponed until not later than 135 days 

after the date of the publication of the 

preliminary determination if, in the 

event of an affirmative preliminary 

determination, a request for such 

postponement is made by exporters who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the 

petitioners. Pursuant to 19 CFR 

351.210(e)(2), Commerce requires that 

requests by respondents for 

postponement of a final antidumping 

determination be accompanied by a 

request for extension of provisional 

measures from a four-month period to a 

period not more than six months in 

duration. 

On November 30, 2020, and December 

7, 2020, pursuant to 19 CFR 351.210(e), 

86536 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 

14See Ducar’s Letter, ‘‘Certain Walk-Behind Lawn 

Mowers from Vietnam: Conditional Request for 

Extension of Final Determination,’’ dated November 

30, 2020. 

15See Petitioner’s Letter, ‘‘Walk-Behind Lawn 

Mowers and Parts Thereof from the Socialist 

Republic of Vietnam: Request for Postponement of 

Final Determination,’’ dated December 7, 2020. 

the respondent Ducar 14 and MTD 

Products, Inc. (the petitioner),15

respectively, requested that Commerce 

postpone the final determination and 

that provisional measures be extended 

to a period not to exceed 6 months. In 

accordance with section 735(a)(2)(A) of 

the Act and 19 CFR 351.210(b)(2)(ii), 

because: (1) The preliminary 

determination is affirmative; (2) the 

requesting exporters account for a 

significant proportion of exports of the 

subject merchandise; and (3) no 

compelling reasons for denial exist, 

Commerce is postponing the final 

determination and extending the 

provisional measures from a four-month 

period to a period not greater than six 

months. Accordingly, Commerce will 

make its final determination no later 

than 135 days after the date of 

publication of this preliminary 

determination, pursuant to section 

735(a)(2) of the Act. 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its preliminary determination of sales at 

LTFV. If the final determination is 

affirmative, the ITC will determine 

before the later of 120 days after the date 

of this preliminary determination or 45 

days after the final determination 

whether these imports of the subject 

merchandise are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: December 22, 2020. 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation consists of certain rotary walkbehind lawn mowers, which are grass-cutting 

machines that are powered by internal 

combustion engines. The scope of this 

investigation covers certain walk-behind 

lawn mowers, whether selfpropelled or nonself-propelled, whether finished or 

unfinished, whether assembled or 

unassembled, and whether containing any 

additional features that provide for functions 

in addition to mowing. 

Walk-behind lawn mowers within the 

scope of this investigation are only those 

powered by an internal combustion engine 

with a power rating of less than 3.7 kilowatts. 

These internal combustion engines are 

typically spark ignition, single or multiple 

cylinder, air cooled, internal combustion 

engines with vertical power take off shafts 

with a maximum displacement of 196cc. 

Walk-behind lawn mowers covered by this 

scope typically must be certified and comply 

with the Consumer Products Safety 

Commission Safety Standard For WalkBehind Power Lawn Mowers under the 16 

CFR part 1205. However, lawn mowers that 

meet the physical descriptions above, but are 

not certified under 16 CFR part 1205 remain 

subject to the scope of this proceeding. 

The internal combustion engines of the 

lawn mowers covered by this scope typically 

must comply with and be certified under 

Environmental Protection Agency 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. 

However, lawn mowers that meet the 

physical descriptions above but that do not 

have engines certified under 40 CFR part 

1054 or other parts of subchapter U remain 

subject to the scope of this proceeding. 

For purposes of this investigation, an 

unfinished and/or unassembled lawn mower 

means at a minimum, a sub-assembly 

comprised of an engine and a cutting deck 

shell attached to one another. A 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. 

Importation of the subassembly whether or 

not accompanied by, or attached to, 

additional components such as a handle, 

blade(s), grass catching bag, or wheel(s) 

constitute an unfinished lawn mower for 

purposes of this investigation. The inclusion 

in a third country of any components other 

than the mower subassembly does not 

remove the lawn mower from the scope. 

Lawn mowers that meet the physical 

description above are covered by the scope 

of this investigation regardless of the origin 

of its engine, unless such lawn mowers 

contain an engine that is covered by the 

scope of the ongoing proceedings on certain 

vertical shaft engines between 99cc and up 

to 225cc, and parts thereof (small vertical 

engines) from China. If the proceedings on 

small vertical engines from China are 

terminated, the lawn mowers containing 

small vertical engines from China will be 

covered by the scope of this proceeding. 

The lawn mowers subject to this 

investigation are typically at subheading: 

8433.11.0050. Lawn mowers subject to these 

investigations may also enter under 

Harmonized Tariff Schedule of the United 

States (HTSUS) 8407.90.1010 and 

8433.90.1090. The HTSUS subheadings are 

provided for convenience and customs 

purposes only, and the written description of 

the merchandise under investigation is 

dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope Comments 

V. Scope of the Investigation 

VI. Product Characteristics 

VII. Affiliation 

VIII. Discussion of the Methodology 

IX. Currency Conversion 

X. ITC Notification 

XI. Recommendation 

[FR Doc. 2020–28853 Filed 12–29–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

United States-Mexico-Canada 

Agreement (USMCA), Article 10.12; 

Binational Panel Review: Notice of 

Request for Panel Review 

AGENCY: United States Section, USMCA 

Secretariat, International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of USMCA request for 

panel review. 

SUMMARY: A Request for Panel Review 

was filed on behalf of CGC Inc. with the 

Canadian Section of the USMCA 

Secretariat on November 26, 2020, 

pursuant to USMCA Article 10.12. Panel 

Review was requested of the decision to 

not conduct an interim review made by 

the CITT with respect to Certain 

Gypsum Board, Sheet, or Panel 

originating in or exported from the 

United States of America. The decision 

to not conduct an interim review was 

published in the Canada Gazette on 

October 31, 2020. The USMCA 

Secretariat has assigned case number 

CDA–USA–2020–10.12–01 to this 

request. 

FOR FURTHER INFORMATION CONTACT: 

Vidya Desai, Acting United States 

Secretary, USMCA Secretariat, Room 

2061, 1401 Constitution Avenue NW, 

Washington, DC 20230, (202) 482–5438. 

SUPPLEMENTARY INFORMATION: Article 

10.12 of Chapter 10 of USMCA provides 

a dispute settlement mechanism 

involving trade remedy determinations 

issued by the Government of the United 

States, the Government of Canada, and 

the Government of Mexico. Following a 

Request for Panel Review, a Binational 

Panel is composed to provide judicial 

review of the trade remedy 

determination being challenged and 

then issue a binding Panel Decision. 

There are established Rules of