[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Pages 7565-7566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01951]


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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.

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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-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-than-fair-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. 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 ``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 non-self-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 non-road 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 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 Sec.  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 Sec.  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

[[Page 7566]]

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 May 4, 
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 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 Sec.  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 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 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 Sec.  207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec.  201.8 of the 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: 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