Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices 9573 

15See, e.g., Certain Corrosion-Resistant Steel 

Products from the Republic of Korea and Taiwan: 

Initiation of Anti-Circumvention Inquiries on the 

Antidumping Duty and Countervailing Duty Orders, 

83 FR 37785 (August 2, 2018); Carbon Steel ButtWeld Pipe Fittings from the People’s Republic of 

China: Initiation of Anti-Circumvention Inquiry on 

the Antidumping Duty Order, 82 FR 40556, 40560 

(August 25, 2017) (stating at initiation that 

Commerce would evaluate the extent to which a 

country-wide finding applicable to all exports 

might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic 

of China: Initiation of Anti-Circumvention Inquiries 

on the Antidumping Duty and Countervailing Duty 

Orders, 81 FR 79454, 79458 (November 14, 2016) 

(stating at initiation that Commerce would evaluate 

the extent to which a country-wide finding 

applicable to all exports might be warranted). 16See Circumvention Initiation Memo. 

1See Certain Vertical Shaft Engines Between 

225cc and 999cc, and Parts Thereof from the 

People’s Republic of China: Amended Final 

Antidumping Duty Determination and 

Antidumping Duty Order, 86 FR 12623 (March 4, 

2021) (Amended Final Determination and Order); 

see also Certain Large Vertical Shaft Engines 

Between 225cc and 999cc, and Parts Thereof, from 

the People’s Republic of China: Notice of Correction 

to the Amended Final Antidumping Duty 

Determination and Antidumping Duty Order, 86 FR 

13694 (March 10, 2021). 

2 Id., 86 FR at 12624. 

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

Engines Between 225cc and 999cc, and Parts 

Thereof from the People’s Republic of China: 

Request for Changed Circumstances Review,’’ dated 

September 20, 2021 (Honda’s CCR Request). 

4 Id. at 2. 

5 Id. 

6 Id. at 6. 

7See Commerce’s Letter, ‘‘Certain Vertical Shaft 

Engines Between 225cc and 999cc, and Parts 

Thereof from the People’s Republic of China: 

Changed Circumstances Review; Supplemental 

Questionnaire,’’ dated November 1, 2021. 

this circumvention inquiry on a 

country-wide basis. Commerce has 

taken this approach in prior 

circumvention inquiries, where the facts 

warranted initiation on a country-wide 

basis.15

Consistent with the approach in the 

prior circumvention inquiries that were 

initiated on a country-wide basis, 

Commerce intends to issue 

questionnaires to solicit information 

from producers and exporters in Oman 

and the UAE concerning their 

shipments of pipe and tube made from 

India-origin HRS to the United States. A 

company’s failure to respond 

completely to Commerce’s requests for 

information may result in the 

application of partial or total facts 

available, pursuant to section 776(a) of 

the Act, which may include adverse 

inferences, pursuant to section 776(b) of 

the Act. 

Suspension of Liquidation 

Pursuant to 19 CFR 351.226(l)(1), 

Commerce will notify U.S. Customs and 

Border Protection (CBP) of the initiation 

and direct CBP to continue the 

suspension of liquidation of entries of 

products subject to the circumvention 

inquiry that were already subject to the 

suspension of liquidation under the 

Order. Should Commerce issue 

preliminary or final circumvention 

determinations, Commerce will follow 

the suspension of liquidation rules 

under 19 CFR 351.226(l)(2)–(4). 

Notification to Interested Parties 

In accordance with 19 CFR 351.226(d) 

and section 781(b) of the Act, Commerce 

determines that the domestic interested 

parties’ request for this circumvention 

inquiry satisfies the requirements of 19 

CFR 351.226(c). Accordingly, Commerce 

is notifying all interested parties of the 

initiation of this circumvention inquiry 

to determine whether certain imports of 

pipe and tube, completed in and 

exported from Oman and the UAE using 

HRS inputs manufactured in India, are 

circumventing the Order. In addition, 

we have included a description of the 

products that are the subject of this 

inquiry, and an explanation of the 

reasons for Commerce’s decision to 

initiate this inquiry as provided above 

and in the accompanying 

Circumvention Initiation Memo.16 In 

accordance with 19 CFR 351.226(e)(2), 

Commerce intends to issue its final 

circumvention determination within 

300 days from the date of publication of 

the notice of initiation of a 

circumvention inquiry in the Federal 

Register. 

This notice is published in 

accordance with section 781(b) of the 

Act and 19 CFR 351.226(d)(1)(ii). 

Dated: February 14, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the 

Circumvention Initiation Memo 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Merchandise Subject to the 

Circumvention Inquiry 

V. Statutory and Regulatory Framework for 

Circumvention Inquiries 

VI. Statutory Analysis for the Circumvention 

Inquiry 

VII. Comments Opposing the Initiation of a 

Circumvention Inquiry 

VIII. Country-Wide Circumvention Inquiries 

IX. Recommendation 

[FR Doc. 2022–03661 Filed 2–18–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–119] 

Initiation of Antidumping Duty 

Changed Circumstances Review: 

Certain Vertical Shaft Engines Between 

225cc and 999cc, and Parts Thereof 

From the People’s Republic of China 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on a request from 

Honda Power Products (China) Co., Ltd. 

(Honda), the Department of Commerce 

(Commerce) is initiating a changed 

circumstances review (CCR) of the 

antidumping duty (AD) order on certain 

vertical shaft engines between 225cc 

and 999cc, and parts thereof (vertical 

shaft engines) from the People’s 

Republic of China (China). 

DATES: Applicable February 22, 2022. 

FOR FURTHER INFORMATION CONTACT: Leo 

Ayala, 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) 482–3945. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 4, 2021, Commerce 

published in the Federal Register an 

amended final AD determination and 

order on vertical shaft engines from 

China.1 In the Amended Final 

Determination, Commerce determined 

an AD cash deposit rate for JialingHonda Motors Co., Ltd. (Jialing) of 

261.93 percent.2

On September 20, 2021, Honda 

informed Commerce that, as of July 1, 

2020, Jialing changed its name to Honda 

Power Products (China) Co., Ltd.3

Honda stated the change was in name 

only and that its business operations 

remain substantially unchanged.4

Honda requested that Commerce 

conduct a CCR and find that Honda is 

the successor-in-interest to Jialing and 

assign Jialing’s AD cash deposit rate for 

vertical shaft engines from China to 

Honda, pursuant to section 751(b) of the 

Tariff Act of 1930, as amended (the Act), 

and 19 CFR 351.216(b).5 Honda made 

arguments as to why good cause exists 

for initiating a CCR pursuant to 19 CFR 

351.216(c) 6 and also requested that 

Commerce combine the notice of 

initiation with a preliminary results of 

the CCR pursuant to 19 CFR 

351.221(c)(3)(ii). 

On November 21, 2021, Commerce 

deemed Honda’s request deficient and 

issued a supplemental questionnaire to 

Honda requesting additional 

information.7 On December 31, 2021, 


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9574 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices 

8See Honda’s Letter, ‘‘Certain Vertical Shaft 

Engines Between 225cc and 999cc, and Parts 

Thereof from the People’s Republic of China: 

Changed Circumstances Review; Supplemental 

Questionnaire,’’ dated December 31, 2021. 

9See, e.g., Diamond Sawblades and Parts Thereof 

from the People’s Republic of China: Initiation and 

Preliminary Results of Antidumping Duty Changed 

Circumstances Review, 82 FR 51605, 51606 

(November 7, 2017), unchanged in Diamond 

Sawblades and Parts Thereof from the People’s 

Republic of China: Final Results of Antidumping 

Duty Changed Circumstances Review, 82 FR 60177 

(December 19, 2017). 

10See 19 CFR 351.216(d). 

11See Certain Vertical Shaft Engines Between 

225cc and 999cc, and Parts Thereof from the 

People’s Republic of China: Final Affirmative 

Determination of Sales at Less Than Fair Value and 

Final Affirmative Critical Circumstances 

Determination, 86 FR 1936 (January 11, 2021). 

12See Honda’s CCR Request at 4. 

13 Id. at 5–6 (citing Notice of Initiation and 

Preliminary Results of Antidumping Duty Changed 

Circumstances Review: Certain Passenger Vehicle 

and Light Truck Tires from the People’s Republic 

of China, 81 FR 44588 (July 8, 2016); and Cast Iron 

Soil Pipe Fittings from the People’s Republic of 

China: Initiation and Preliminary Results of 

Changed Circumstances Reviews, 84 FR 64263 

(November 21, 2019)). 

Honda submitted its response to the 

supplemental questionnaire.8 We 

received no comments from interested 

parties regarding Honda’s CCR Request. 

Scope of the Order 

The merchandise covered by the 

Order is vertical shaft engines. For a 

complete description of the scope, see 

the appendix. 

Initiation of Changed Circumstances 

Review 

Pursuant to section 751(b)(1)(A) of the 

Act and 19 CFR 351.216(d), Commerce 

will conduct a CCR upon receipt of a 

request from an interested party for a 

review of an AD order which shows 

changed circumstances sufficient to 

warrant a review of the order. In the 

past, Commerce has used CCRs to 

address the applicability of cash deposit 

rates after there have been changes in 

the name or structure of a respondent, 

such as a merger or spinoff (i.e., a 

successor-in-interest determination).9

The information submitted by Honda 

supporting its claim that it is the 

successor-in-interest to Jialing 

demonstrates changed circumstances 

sufficient to warrant the initiation of 

such a review.10

Section 751(b)(4)(B) of the Act and 19 

CFR 351.216(c) state that, ‘‘in the 

absence of good cause shown,’’ the 

Secretary of Commerce may not review 

a final determination less than 24 

months after the date of publication of 

the notice of final determination or 

notice of suspension of an investigation. 

The final determination in the less-thanfair-value investigation of vertical shaft 

engines from China published on 

January 11, 2021.11 Therefore, 

Commerce must also determine whether 

good cause exists to conduct this 

review. 

Honda asserts that good cause exists 

because, aside from the name change, it 

made no changes with respect to 

‘‘production, management, customer 

and supplier relationships or any other 

aspect of operations.’’ 12 Honda argues 

that a CCR is needed to ensure the 

appropriate cash deposit rate applies to 

Honda’s entries and that Commerce has 

previously found in similar situations 

that a name change, with no further 

changes in the company’s operations, 

constitutes good cause pursuant to 19 

CFR 351.216(c) to initiate a CCR.13

Based on this explanation, we find that 

good cause has been shown pursuant to 

19 CFR 351.216(c) to initiate a CCR, and 

conducting this review ensures that the 

appropriate cash deposit rate applies to 

Honda. 

Therefore, in accordance with section 

751(b)(1)(A) of the Act and 19 CFR 

351.216(d), we are initiating a CCR 

based on the information contained in 

Honda’s submission. 

Preliminary Results 

Section 351.221(c)(3)(ii) of 

Commerce’s regulations permits 

Commerce to combine the notice of 

initiation and preliminary results of a 

CCR if Commerce concludes that 

expedited action is warranted. However, 

we are not combining this notice of 

initiation with the preliminary results 

because Commerce has determined that 

it is necessary to issue an additional 

supplemental questionnaire to Honda 

regarding Honda’s customer base and 

supplier relationships and to provide 

interested parties with an opportunity to 

comment. Commerce intends to publish 

in the Federal Register a notice of the 

preliminary results of this CCR in 

accordance with 19 CFR 351.221(b)(4). 

Consistent with 19 CFR 351.221(c)(3)(i), 

Commerce will set forth its preliminary 

factual and legal conclusions in that 

notice. 

Final Results 

Unless extended, Commerce intends 

to issue the final results of this CCR 

within 270 days of the day of initiation 

of this CCR, in accordance with 19 CFR 

351.216(e). 

Notification to Interested Parties 

This notice is published in 

accordance with section 751(b)(1) of the 

Act, and 19 CFR 351.216(b) and 19 CFR 

351.221(b)(1). 

Dated: February 14, 2022. 

Lisa W. Wang, 

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 

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 order enter under 

HTSUS subheading 8409.91.9990. Engines 

subject to this order may also enter under 

HTSUS subheading 8407.90.9060 and 

8407.90.9080. The HTSUS subheadings are 

provided for convenience and customs 

purposes only, and the written description of 


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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices 9575 

1See Pure Magnesium from the People’s Republic 

of China: Preliminary Results of Antidumping 

Administrative Review; 2020–2021, 86 FR 62990 

(November 15, 2021) (Preliminary Results). 

2See 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) (Order). 

3The meaning of this term is the same as that 

used by the American Society for Testing and 

Materials (ATSM) in its Annual Book for ASTM 

Standards: Volume 01.02 Aluminum and 

Magnesium Alloys. 

4See Preliminary Results, 86 FR 62990. 

5See Preliminary Results, 86 FR 62990. 

6See Memorandum, ‘‘Antidumping Duty 

Administrative Review of Pure Magnesium from the 

People’s Republic of China; 05/01/2020–04/30/ 

2021: Entry Data and No Shipment Inquiry,’’ dated 

August 31, 2021. On August 3, 2021, Commerce 

issued a no shipment inquiry to U.S. Customs and 

Border Protection (CBP) with respect to TMI/TMM. 

On August 4, 2021, CBP responded that it had no 

evidence of shipments of magnesium metal from 

China exported by TMI/TMM during the POR. 

7See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694 (October 24, 2011). 

the merchandise subject to this order is 

dispositive. 

[FR Doc. 2022–03659 Filed 2–18–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–832] 

Pure Magnesium From the People’s 

Republic of China: Final Results of 

Antidumping Duty Administrative 

Review; 2020–2021 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) continues to find that 

Tianjin Magnesium International Co., 

Ltd. (TMI) and Tianjin Magnesium 

Metal Co., Ltd. (TMM) (collectively, 

TMI/TMM) had no shipments of subject 

merchandise covered by the 

antidumping duty order on pure 

magnesium from the People’s Republic 

of China (China) for the period of review 

(POR) May 1, 2020, through April 30, 

2021. 

DATES: Applicable February 22, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Cohen, 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) 482–4521. 

SUPPLEMENTAL INFORMATION: 

Background 

On November 15, 2021, Commerce 

published the Preliminary Results of 

this administrative review in the 

Federal Register.1 No interested party 

submitted comments concerning the 

Preliminary Results or requested a 

hearing in this administrative review. 

Commerce conducted this 

administrative review in accordance 

with section 751 of the Tariff Act of 

1930, as amended (the Act). 

Scope of the Order 2

The product covered by the Order is 

pure magnesium from China, regardless 

of chemistry, form or size, unless 

expressly excluded from the scope of 

the Order. Pure magnesium is a metal or 

alloy containing by weight primarily the 

element magnesium and produced by 

decomposing raw materials into 

magnesium metal. Pure primary 

magnesium is used primarily as a 

chemical in the aluminum alloying, 

desulfurization, and chemical reduction 

industries. In addition, pure magnesium 

is used as an input in producing 

magnesium alloy. Pure magnesium 

encompasses products (including, but 

not limited to, butt ends, stubs, crowns 

and crystals) with the following primary 

magnesium contents: 

(1) Products that contain at least 

99.95% primary magnesium, by weight 

(generally referred to as ‘‘ultra pure’’ 

magnesium) Magnesium Alloy’’ 3 and 

are thus outside the scope of the 

existing antidumping orders on 

magnesium from China (generally 

referred to as ‘‘alloy’’ magnesium). 

(2) Products that contain less than 

99.95%, but not less than 99.8%, 

primary magnesium, by weight 

(generally referred to as ‘‘pure’’ 

magnesium); and 

(3) Products that contain 50% or 

greater, but less than 99.8% primary 

magnesium, by weight, and that do not 

conform to ASTM specifications for 

alloy magnesium (generally referred to 

as ‘‘off-specification pure’’ magnesium). 

‘‘Off-specification pure’’ magnesium 

is pure primary magnesium containing 

magnesium scrap, secondary 

magnesium, oxidized magnesium or 

impurities (whether or not intentionally 

added) that cause the primary 

magnesium content to fall below 99.8% 

by weight. It generally does not contain, 

individually or in combination, 1.5% or 

more, by weight, of the following 

alloying elements: Aluminum, 

manganese, zinc, silicon, thorium, 

zirconium and rare earths. 

Excluded from the scope of the Order 

are alloy primary magnesium (that 

meets specifications for alloy 

magnesium), primary magnesium 

anodes, granular primary magnesium 

(including turnings, chips and powder) 

having a maximum physical dimension 

(i.e., length or diameter) of one inch or 

less, secondary magnesium (which has 

pure primary magnesium content of less 

than 50% by weight), and remelted 

magnesium whose pure primary 

magnesium content is less than 50% by 

weight. 

Pure magnesium products covered by 

the Order are currently classifiable 

under Harmonized Tariff Schedule of 

the United States (HTSUS) subheadings 

8104.11.00, 8104.19.00, 8104.20.00, 

8104.30.00, 8104.90.00, 3824.90.11, 

3824.90.19 and 9817.00.90. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the scope is 

dispositive. 

Final Determination of No Shipments 

In the Preliminary Results, Commerce 

determined TMI/TMM had no 

shipments of subject merchandise to the 

United States during the POR.4 As noted 

in the Preliminary Results, we received 

no-shipment statements from TMI/ 

TMM,5 and the statements were 

consistent with the information we 

received from U.S. Customs and Border 

Protection (CBP).6 Because Commerce 

did not receive any comments on its 

preliminary finding, Commerce 

continues to find that TMI/TMM did not 

have any shipments of subject 

merchandise during the POR. 

Assessment Rates 

Based on record evidence, we have 

determined that TMI/TMM had no 

shipments of subject merchandise 

during the POR, and, therefore, 

pursuant to Commerce’s assessment 

practice, any suspended entries entered 

under their case number will be 

liquidated at the China-wide entity 

rate.7

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

review in the Federal Register. If a 

timely summons is filed at the U.S. 

Court of International Trade, the 

assessment instructions will direct CBP 

not to liquidate relevant entries until the 

time for parties to file a request for a 

statutory injunction has expired (i.e., 

within 90 days of publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 


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