Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices 7565 

Turkey, and the United Arab Emirates: 

Investigation Nos. 701–TA–646 and 

731–TA–1502–1504, 1508–1509, 1512, 

1514, and 1516 (Final). 

By order of the Commission. 

Issued: January 26, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–01964 Filed 1–28–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–648 and 731– 

TA–1521–1522 (Final)] 

Walk-Behind Lawn Mowers From 

China and Vietnam; Scheduling of the 

Final Phase of Countervailing Duty and 

Anti-Dumping Duty Investigations 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of antidumping and 

countervailing duty investigation Nos. 

701–TA–648 and 731–TA–1521–1522 

(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 walk-behind lawn mowers 

from China and Vietnam, provided for 

in subheading 8433.11.00 of the 

Harmonized Tariff Schedule of the 

United States, preliminarily determined 

by the Department of Commerce 

(‘‘Commerce’’) to be sold in the United 

States at less than fair value and imports 

of walk-behind lawn mowers from 

China preliminarily determined by 

Commerce to be subsidized by the 

Government of China sold at less-thanfair-value. 

DATES: December 30, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Nitin Joshi ((202) 708–1669), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436. Hearingimpaired 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 ‘‘certain 

rotary walk-behind lawn mowers, which 

are grass-cutting machines that are 

powered by internal combustion 

engines. The scope of the investigation 

covers certain walk-behind lawn 

mowers, whether self-propelled 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 (kw). 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 (CPSC) Safety Standard For 

Walk-Behind 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 (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. 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 subassembly 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 walk-behind lawn mowers 

subject to these investigations are 

typically imported under Harmonized 

Tariff Schedule of the United States 

(HTSUS) statistical reporting number 

8433.11.0050. Walk-behind lawn 

mowers subject to these investigations 

may also enter under HTSUS statistical 

reporting numbers 8407.90.1010 and 

8433.90.1090. The HTSUS statistical 

reporting numbers are provided for 

convenience and customs purposes 

only, and the written description of the 

merchandise under investigation is 

dispositive. 

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 § 703 of the Act (19 U.S.C. 

1671b) are being provided to 

manufacturers, producers, or exporters 

in China and Vietnam of walk-behind 

lawn mowers, and that such products 

are being sold in the United States at 

less than fair value within the meaning 

of § 733 of the Act (19 U.S.C. 1673b). 

The investigations were requested in 

petitions filed on May 26, 2020, by MTD 

Products Inc., Valley City, Ohio. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
7566 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2 85 FR 79994 (December 11, 2020). 

3 Vice Chair Randolph J. Stayin and 

Commissioner Rhonda K. Schmidtlein dissenting. 

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 

§ 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 paperbased 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 

§ 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 May 4, 2021, and 

a public version will be issued 

thereafter, pursuant to § 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 May 18, 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 May 12, 

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 May 14, 2021. 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 § 207.23 of the 

Commission’s rules; the deadline for 

filing is May 11, 2021. Parties may also 

file written testimony in connection 

with their presentation at the hearing, as 

provided in § 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of § 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is May 25, 

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 petition, on or before 

May 25, 2021. On June 9, 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 June 11, 2021, but such final 

comments must not contain new factual 

information and must otherwise comply 

with § 207.30 of the Commission’s rules. 

All written submissions must conform 

with the provisions of § 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of §§ 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 § 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 §§ 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 § 207.21 of the Commission’s 

rules. 

By order of the Commission. 

Issued: January 25, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–01951 Filed 1–28–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1465 (Final)] 

4th Tier Cigarettes from Korea; 

Determination 

On the basis of the record 1 developed 

in the subject investigation, the United 

States International Trade Commission 

(‘‘Commission’’) determines, pursuant 

to the Tariff Act of 1930 (‘‘the Act’’), 

that an industry in the United States is 

not materially injured or threatened 

with material injury, and the 

establishment of an industry in the 

United States is not materially retarded 

by reason of imports of 4th tier 

cigarettes from Korea, provided for in 

subheading 2402.20.80 of the 

Harmonized Tariff Schedule of the 

United States, that have been found by 

the U.S. Department of Commerce 

(‘‘Commerce’’) to be sold in the United 

States at less than fair value 

(‘‘LTFV’’).2 3

Background 

The Commission instituted this 

investigation effective December 18, 

2019, following receipt of a petition 

filed with the Commission and 

Commerce by the Coalition Against 

Korean Cigarettes. The coalition 

members are Xcaliber International, 

Pryor, Oklahoma and Cheyenne 


khammond on DSKJM1Z7X2PROD with NOTICES