Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices 12619 

1See Certain Vertical Shaft Engines Between 

225cc and 999cc, and Parts Thereof from the 

People’s Republic of China: Final Affirmative 

Countervailing Duty Determination and Final 

Negative Critical Circumstances Determination, 86 

FR 1933 (January 11, 2021) (Final Determination), 

and accompanying Issues and Decision 

Memorandum. 

2See ITC Letter, ‘‘Notification of ITC Final 

Determination,’’ dated February 24, 2021 (ITC 

Notification Letter). 

3See Kohler’s Letter, ‘‘Certain Vertical Shaft 

Engines Between 225cc and 999cc, and Parts 

Thereof, from the People’s Republic of China: 

Ministerial Error Allegations,’’ dated January 21, 

2021 (Kohler Allegations); Loncin’s Letter, ‘‘Loncin 

Comments on Ministerial Errors in the Final 

Determination and the Disclosed Calculations for 

Loncin: Countervailing Duty Investigation of 

Certain Vertical Shaft Engines Between 225CC and 

999CC, and Parts Thereof From the People’s 

Republic of China (C–570–120),’’ dated January 21, 

2021 (Loncin Allegations). 

4See Kohler’s Letter, ‘‘Certain Vertical Shaft 

Engines Between 225cc and 999cc, and Parts 

Thereof, from the People’s Republic of China: 

Continued 

Subject merchandise also includes chassis, 

whether finished or unfinished, entered with 

or for further assembly with components 

such as, but not limited to: Hub and drum 

assemblies, brake assemblies (either drum or 

disc), axles, brake chambers, suspensions and 

suspension components, wheel end 

components, landing gear legs, spoke or disc 

wheels, tires, brake control systems, 

electrical harnesses and lighting systems. 

Processing of finished and unfinished 

chassis and components such as trimming, 

cutting, grinding, notching, punching, 

drilling, painting, coating, staining, finishing, 

assembly, or any other processing either in 

the country of manufacture of the in-scope 

product or in a third country does not 

remove the product from the scope. Inclusion 

of other components not identified as 

comprising the finished or unfinished chassis 

does not remove the product from the scope. 

Individual components entered and sold 

by themselves are not subject to the 

investigation, but components entered with 

or for further assembly with a finished or 

unfinished chassis are subject merchandise. 

A finished chassis is ultimately comprised of 

several different types of subassemblies. 

Within each subassembly there are numerous 

components that comprise a given 

subassembly. 

This scope excludes dry van trailers, 

refrigerated van trailers and flatbed trailers. 

Dry van trailers are trailers with a wholly 

enclosed cargo space comprised of fixed 

sides, nose, floor and roof, with articulated 

panels (doors) across the rear and 

occasionally at selected places on the sides, 

with the cargo space being permanently 

incorporated in the trailer itself. Refrigerated 

van trailers are trailers with a wholly 

enclosed cargo space comprised of fixed 

sides, nose, floor and roof, with articulated 

panels (doors) across the rear and 

occasionally at selected places on the sides, 

with the cargo space being permanently 

incorporated in the trailer and being 

insulated, possessing specific thermal 

properties intended for use with selfcontained refrigeration systems. Flatbed (or 

platform) trailers consist of load-carrying 

main frames and a solid, flat or stepped 

loading deck or floor permanently 

incorporated with and supported by frame 

rails and cross members. 

The finished and unfinished chassis 

subject to this investigation are typically 

classified in the Harmonized Tariff Schedule 

of the United States (HTSUS) at subheadings: 

8716.39.0090 and 8716.90.5060. Imports of 

finished and unfinished chassis may also 

enter under HTSUS subheading 

8716.90.5010. While the HTSUS subheadings 

are provided for convenience and customs 

purposes, 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. Respondent Selection 

VI. Discussion of the Methodology 

VII. Adjustment Under Section 777A(f) of the 

Act 

VIII. Adjustment to Cash Deposit Rate for 

Export Subsidies 

IX. ITC Notification 

X. Recommendation 

[FR Doc. 2021–04409 Filed 3–3–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–120] 

Certain Vertical Shaft Engines Between 

225cc and 999cc, and Parts Thereof 

From the People’s Republic of China: 

Countervailing Duty Order and 

Amended Final Affirmative 

Countervailing Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (ITC), 

Commerce is issuing a countervailing 

duty order on certain vertical shaft 

engines between 225cc and 999cc, and 

parts thereof (vertical shaft engines) 

from the People’s Republic of China 

(China). In addition, Commerce is 

amending its final determination with 

respect to vertical shaft engines from 

China to correct ministerial errors. 

DATES: Applicable March 4, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Huston, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4261. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 705(a), 

705(d), and 777(i)(1) of the Tariff Act of 

1930, as amended (the Act), and 19 CFR 

351.210(c), on January 11, 2021, 

Commerce published its affirmative 

final determination that countervailable 

subsidies are being provided to 

producers and exporters of vertical shaft 

engines from China.1 In the 

investigation of vertical shaft engines 

from China, the petitioners and a 

mandatory respondent submitted timely 

allegations on the record that Commerce 

made certain ministerial errors in the 

final countervailing duty determination 

on vertical shaft engines from China. 

Section 705(e) of the Act and 19 CFR 

351.224(f) define ministerial errors as 

errors in addition, subtraction, or other 

arithmetic function, clerical errors 

resulting from inaccurate copying, 

duplication, or the like, and any other 

type of unintentional error which 

Commerce considers ministerial. We 

reviewed the allegations and 

determined that we made certain 

ministerial errors in the final 

countervailing duty determination on 

vertical shaft engines from China. See 

‘‘Amendment to the Final 

Determination’’ section below for 

further discussion. 

On February 24, 2021, the ITC 

notified Commerce of its affirmative 

final determination that pursuant to 

sections 705(b)(1)(A)(i) and 705(d) of the 

Act, that an industry in the United 

States is materially injured by reason of 

subsidized imports of subject 

merchandise from China.2

Scope of the Order 

The products covered by this order 

are certain large vertical shaft engines 

from China. For a complete description 

of the scope of the order, see the 

appendix to this notice. 

Amendment to the Final Determination 

of Vertical Shaft Engines From China 

On January 21, 2021, co-petitioner 

Kohler Co. (Kohler) and mandatory 

respondent Loncin Motor Co., Ltd. 

(Loncin) submitted timely ministerial 

error allegations regarding the Final 

Determination.3 On January 29, 2012, 

Kohler, mandatory respondent 

Chongqing Zongshen General Power 

Machine Co., Ltd. (Zongshen) and 

interested party MTD Products Inc. 

(MTD) submitted timely responses to 

the ministerial allegations.4


jbell on DSKJLSW7X2PROD with NOTICES
12620 Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices 

Response to Ministerial Error Comments,’’ dated 

January 29, 2021 (Kohler Response); Zongshen’s 

Letter, ‘‘Certain Vertical Shaft Engines Between 

225cc and 999cc, and Parts Thereof, from China; 

CVD Investigation; Chongqing Zongshen Response 

to Petitioner Ministerial Error Comments,’’ dated 

January 29, 2021 (Zongshen Response); and MTD’s 

Letter, ‘‘Certain Vertical Shaft Engines Between 

225cc and 999cc, and Parts Thereof (VSEs) from the 

People’s Republic of China: MTD’s Response to 

Kohler Ministerial Error Comments,’’ dated January 

29, 2021 (MTD Response). 

5See Memorandum, ‘‘Countervailing Duty 

Investigation of Certain Vertical Shaft Engines 

Between 225cc and 999cc, and Parts Thereof from 

the People’s Republic of China: Ministerial Error 

Allegations in the Final Determination,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Ministerial Error Memorandum), at 2–6. 

6See ITC Notification Letter. 

7See Certain Vertical Shaft Engines Between 

225cc and 999cc, and Parts Thereof from the 

People’s Republic of China: Preliminary Affirmative 

Countervailing Duty Determination, Preliminary 

Negative Critical Circumstances Determination, and 

Alignment of Final Determination With Final 

Antidumping Duty Determination, 85 FR 37061 

(June 19, 2020) (Preliminary Determination), and 

accompanying Preliminary Decision Memorandum. 

Commerce reviewed the record and 

agreed that certain errors referenced in 

Kohler and Loncin’s allegations 

constituted ministerial errors within the 

meaning of section 705(e) of the Act and 

19 CFR 351.224(f).5 Pursuant to 19 CFR 

351.224(e), Commerce is amending the 

Final Determination to reflect the 

corrections of the ministerial errors 

described in the Ministerial Error 

Memorandum. Based on these 

corrections, the subsidy rate for Loncin 

changed from 17.75 to 18.96 percent, 

and the subsidy rate for Zongshen 

changed from 19.29 percent to 20.38 

percent. Because we based the all-others 

rate on Loncin’s and Zongshen’s ad 

valorem subsidy rates, the all-others rate 

has also changed from 18.72 percent to 

19.85 percent. 

Countervailing Duty (CVD) Order 

On February 24, 2021, in accordance 

with sections 705(b)(1)(A)(i) and 705(d) 

of the Act, the ITC notified Commerce 

of its final determination in this 

investigation, in which it found that an 

industry in the United States is 

materially injured by reason of 

subsidized imports of vertical shaft 

engines from China.6 Therefore, in 

accordance with section 705(c)(2) of the 

Act, Commerce is issuing this 

countervailing duty order. Because the 

ITC determined that imports of vertical 

shaft engines from China are materially 

injuring a U.S. industry, unliquidated 

entries of such merchandise from China, 

entered or withdrawn from warehouse 

for consumption, are subject to the 

assessment of countervailing duties. 

Therefore, in accordance with section 

706(a) of the Act, Commerce will direct 

U.S. Customs and Border Protection 

(CBP) to assess, upon further instruction 

by Commerce, countervailing duties for 

all relevant entries of vertical shaft 

engines from China which are entered, 

or withdrawn from warehouse, for 

consumption on or after June 19, 2020, 

the date of publication of the 

Preliminary Determination,7 but will 

not include entries occurring after the 

expiration of the provisional measures 

period and before the publication of the 

ITC’s final injury determinations under 

section 705(b) of the Act, as further 

described below. 

Suspension of Liquidation and Cash 

Deposits 

In accordance with section 706 of the 

Act, Commerce will instruct CBP to 

reinstitute the suspension of liquidation 

of vertical shaft engines from China, as 

described in the appendix to this notice, 

effective on the date of publication of 

the ITC’s notice of final determinations 

in the Federal Register, and to assess, 

upon further instruction by Commerce, 

pursuant to section 706(a)(1) of the Act, 

countervailing duties for each entry of 

the subject merchandise in an amount 

based on the net countervailable 

subsidy rates below. On or after the date 

of publication of the ITC’s final injury 

determinations in the Federal Register, 

CBP must require, at the same time as 

importers would deposit estimated 

normal customs duties on this 

merchandise, a cash deposit equal to the 

rates noted below. The all-others rate 

applies to all producers or exporters not 

specifically listed below. 

Producers/exporters 

Subsidy 

rate 

(percent) 

Loncin Motor Co ......................... 18.96 

Chongqing Zongshen General 

Power Machine Co ................. 20.38 

All Others .................................... 19.85 

Provisional Measures 

Section 703(d) of the Act states that 

instructions issued pursuant to an 

affirmative preliminary determination 

may not remain in effect for more than 

four months. In the underlying 

investigations, Commerce published the 

Preliminary Determinations on June 19, 

2020. As such, the four-month period 

beginning on the date of the publication 

of the Preliminary Determination ended 

on October 16, 2020. Furthermore, 

section 707(b) of the Act states that 

definitive duties are to begin on the date 

of publication of the ITC’s final injury 

determination. Therefore, in accordance 

with section 703(d) of the Act, we 

instructed CBP to terminate the 

suspension of liquidation and to 

liquidate, without regard to 

countervailing duties, unliquidated 

entries of vertical shaft engines from 

China, entered, or withdrawn from 

warehouse, for consumption, on or after 

October 17, 2020, the date on which the 

provisional measures expired, until and 

through the day preceding the date of 

publication of the ITC’s final injury 

determinations in the Federal Register. 

Suspension of liquidation will resume 

on the date of publication of the ITC’s 

final determinations in the Federal 

Register. 

Notification to Interested Parties 

This notice constitutes the CVD 

orders with respect to vertical shaft 

engines from China pursuant to section 

706(a) of the Act. Interested parties can 

find a list of CVD orders currently in 

effect at http://enforcement.trade.gov/ 

stats/iastats1.html. This order is issued 

and published in accordance with 

section 706(a) of the Act and 19 CFR 

351.211(b). 

Dated: February 26, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Order 

The merchandise covered by this order 

consists of spark-ignited, non-road, vertical 

shaft engines, whether finished or 

unfinished, whether assembled or 

unassembled, primarily for riding lawn 

mowers and zero-turn radius lawn mowers. 

Engines meeting this physical description 

may also be for other non-hand-held outdoor 

power equipment such as, including but not 

limited to, tow-behind brush mowers, 

grinders, and vertical shaft generators. The 

subject engines are spark ignition, single or 

multiple cylinder, air cooled, internal 

combustion engines with vertical power take 

off shafts with a minimum displacement of 

225 cubic centimeters (cc) and a maximum 

displacement of 999cc. Typically, engines 

with displacements of this size generate gross 

power of between 6.7 kilowatts (kw) to 42 

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. 

For purposes of this order, an unfinished 

engine covers at a minimum a sub-assembly 


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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices 12621 

1See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review, 85 FR 18191 

(April 1, 2020); see also Notice of Antidumping 

Duty Order: Magnesium Metal From the People’s 

Republic of China, 70 FR 19928 (April 15, 2005) 

(Order). 

2See U.S. Magnesium LLC’s Letter, ‘‘Magnesium 

Metal from the People’s Republic of China/Request 

for Administrative Review,’’ dated April 30, 2020. 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 85 FR 

35068 (June 8, 2020). 

4See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews in Response to Operational 

Adjustments Due to COVID–19,’’ dated April 24, 

2020. 

5See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews,’’ dated July 21, 2020. 

6The meaning of this term is the same as that 

used by the American Society for Testing and 

Materials in its Annual Book for ASTM Standards: 

Volume 01.02 Aluminum and Magnesium Alloys. 7The material is already covered by existing 

antidumping orders. See Notice of Antidumping 

Duty Orders: Pure Magnesium from the People’s 

Republic of China, the Russian Federation and 

Ukraine; Notice of Amended Final Determination of 

Sales at Less Than Fair Value: Antidumping Duty 

Investigation of Pure Magnesium from the Russian 

Federation, 60 FR 25691 (May 12, 1995); and 

Antidumping Duty Order: Pure Magnesium in 

Granular Form from the People’s Republic of China, 

66 FR 57936 (November 19, 2001). 

8This third exclusion for magnesium-based 

reagent mixtures is based on the exclusion for 

reagent mixtures in the 2000–2001 investigations of 

magnesium from China, Israel, and Russia. See 

Final Determination of Sales at Less Than Fair 

Value: Pure Magnesium in Granular Form from the 

People’s Republic of China, 66 FR 49345 

(September 27, 2001); see also Final Determination 

of Sales at Less Than Fair Value: Pure Magnesium 

from Israel, 66 FR 49349 (September 27, 2001); and, 

Final Determination of Sales at Not Less Than Fair 

Value: Pure Magnesium From the Russian 

Federation, 66 FR 49347 (September 27, 2001). 

These mixtures are not magnesium alloys, because 

they are not combined in liquid form and cast into 

the same ingot. 

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 an oil pan, manifold, cylinder head(s), 

valve train, or valve cover(s), constitutes an 

unfinished engine for purposes of this order. 

The inclusion of other products such as spark 

plugs fitted into the cylinder head or 

electrical devices (e.g., ignition modules, 

ignition coils) for synchronizing with the 

motor 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. 

The engines subject to this order are 

typically classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) at 

subheadings: 8407.90.1020, 8407.90.1060, 

and 8407.90.1080. The engine subassemblies 

that are subject to this investigation enter 

under HTSUS 8409.91.9990. Engines subject 

to this order may also enter under HTSUS 

8407.90.9060 and 8407.90.9080. The HTSUS 

subheadings are provided for convenience 

and customs purposes only, and the written 

description of the merchandise subject to this 

order is dispositive. 

[FR Doc. 2021–04477 Filed 3–3–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–896] 

Magnesium Metal From the People’s 

Republic of China: Preliminary Results 

of Antidumping Administrative Review; 

2019–20 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) is conducting the 

administrative review of the 

antidumping duty (AD) order on 

magnesium metal from the People’s 

Republic of China (China). The period 

of review (POR) is April 1, 2019, 

through March 31, 2020. Commerce 

preliminarily determines that Tianjin 

Magnesium International Co., Ltd. (TMI) 

and Tianjin Magnesium Metal Co., Ltd. 

(TMM) did not have reviewable entries 

during the POR. We invite interested 

parties to comment on these preliminary 

results. 

DATES: Applicable March 4, 2021. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Clahane, AD/CVD Operations, Office III, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5449. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 1, 2020, Commerce 

published in the Federal Register a 

notice of opportunity to request an 

administrative review of the AD order 

on magnesium metal from China for the 

POR.1 On June 8, 2020, in response to 

a timely request from the petitioner,2

and in accordance with section 751(a) of 

the Tariff Act of 1930, as amended (the 

Act), and 19 CFR 351.221(c)(1)(i), we 

initiated an administrative review of the 

Order with respect to TMI and TMM.3

On April 24, 2020, Commerce tolled all 

deadlines for administrative reviews by 

50 days.4 On July 21, 2020, Commerce 

tolled all deadlines in administrative 

reviews by an additional 60 days.5 The 

deadline for the preliminary results of 

this review is now March 1, 2021. 

Scope of the Order 

The product covered by the Order is 

magnesium metal from China, which 

includes primary and secondary alloy 

magnesium metal, regardless of 

chemistry, raw material source, form, 

shape, or size. Magnesium is a metal or 

alloy containing by weight primarily the 

element magnesium. Primary 

magnesium is produced by 

decomposing raw materials into 

magnesium metal. Secondary 

magnesium is produced by recycling 

magnesium-based scrap into magnesium 

metal. The magnesium covered by the 

Order includes blends of primary and 

secondary magnesium. 

The subject merchandise includes the 

following alloy magnesium metal 

products made from primary and/or 

secondary magnesium including, 

without limitation, magnesium cast into 

ingots, slabs, rounds, billets, and other 

shapes; magnesium ground, chipped, 

crushed, or machined into rasping, 

granules, turnings, chips, powder, 

briquettes, and other shapes; and 

products that contain 50 percent or 

greater, but less than 99.8 percent, 

magnesium, by weight, and that have 

been entered into the United States as 

conforming to an ‘‘ASTM Specification 

for Magnesium Alloy’’ 6 and are thus 

outside the scope of the existing 

antidumping orders on magnesium from 

China (generally referred to as ‘‘alloy’’ 

magnesium). 

The scope of the Order excludes: (1) 

All forms of pure magnesium, including 

chemical combinations of magnesium 

and other material(s) in which the pure 

magnesium content is 50 percent or 

greater, but less than 99.8 percent, by 

weight, that do not conform to an 

‘‘ASTM Specification for Magnesium 

Alloy’’; 7 (2) magnesium that is in liquid 

or molten form; and (3) mixtures 

containing 90 percent or less 

magnesium in granular or powder form 

by weight and one or more of certain 

non-magnesium granular materials to 

make magnesium-based reagent 

mixtures, including lime, calcium 

metal, calcium silicon, calcium carbide, 

calcium carbonate, carbon, slag 

coagulants, fluorspar, nephaline syenite, 

feldspar, alumina (Al203), calcium 

aluminate, soda ash, hydrocarbons, 

graphite, coke, silicon, rare earth 

metals/mischmetal, cryolite, silica/fly 

ash, magnesium oxide, periclase, 

ferroalloys, dolomite lime, and 

colemanite.8 The merchandise subject to 

this order is classifiable under items 

8104.19.00, and 8104.30.00 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). Although the 

HTSUS items are provided for 


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