36702 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Notices 

1See Certain Walk-Behind Lawn Mowers and 

Parts Thereof from the People’s Republic of China: 

Final Affirmative Countervailing Duty 

Determination, 86 FR 27379 (May 20, 2021) (Final 

Determination), and accompanying Issues and 

Decision Memorandum. 

2See Ningbo Daye’s Letter, ‘‘Certain Walk-Behind 

Lawn Mowers and Parts Thereof from the People’s 

Republic of China, Case No. C–570–130: Ningbo 

Daye’s Ministerial Error Comments,’’ dated May 24, 

2021 (Ministerial Error Allegations). 

3See ITC’s Letter, ‘‘Notification of ITC Final 

Determination,’’ dated July 6, 2021 (ITC 

Notification Letter). 

4See Ministerial Error Allegations. 

5See Memorandum, ‘‘Countervailing Duty 

Investigation of Certain Walk-Behind Lawn Mowers 

and Parts Thereof from the People’s Republic of 

China: Allegation of Ministerial Error in the Final 

Determination,’’ dated June 17, 2021 (Ministerial 

Error Memorandum) at 1–2. 

6See ITC Notification Letter. 

7See Certain Walk-Behind Lawn Mowers and 

Parts Thereof from the People’s Republic of China: 

Preliminary Affirmative Countervailing Duty 

Determination, 85 FR 68848 (October 30, 2020) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–130] 

Certain Walk-Behind Lawn Mowers 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 (CVD) order on certain walkbehind lawn mowers and parts thereof 

(lawn mowers) from the People’s 

Republic of China (China). In addition, 

Commerce is amending its final 

determination with respect to lawn 

mowers from China to correct a 

ministerial error. 

DATES: Applicable July 13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Tyler Weinhold or Moses Song at (202) 

482–1121 or (202) 482–7885, 

respectively. AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 20, 2021, Commerce 

published its affirmative final 

determination that countervailable 

subsidies are being provided to 

producers and exporters of lawn 

mowers from China.1 Respondent 

company, Ningbo Daye Garden 

Machinery Co., Ltd. (Ningbo Daye) 

submitted a timely allegation on the 

record that Commerce made a 

ministerial error in the final CVD 

determination on lawn mowers from 

China.2 Section 705(e) of the Tariff Act 

of 1930, as amended (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 allegation and determined 

that we made a ministerial error in the 

final CVD determination on lawn 

mowers from China. See ‘‘Amendment 

to the Final Determination’’ section 

below for further discussion. 

On July 6, 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, an 

industry in the United States is 

materially injured by reason of 

subsidized imports of subject 

merchandise from China.3

Scope of the Order 

The products covered by this order 

are lawn mowers from China. For a 

complete description of the scope of this 

order, see the appendix to this notice. 

Amendment to the Final Determination 

On May 24, 2021, Ningbo Daye 

submitted a timely ministerial error 

allegation regarding the Final 

Determination.4 Commerce reviewed 

the record and on June 17, 2021, issued 

a memorandum acknowledging that the 

error alleged by Ningbo Daye 

constituted a ministerial error within 

the meaning of section 705(e) of the Act 

and 19 CFR 351.224(f).5 Specifically, 

Commerce found that it had incorrectly 

transcribed certain data pertaining to 

Ningbo Daye’s outstanding loans, which 

resulted in an error in the subsidy rate 

calculation. Pursuant to 19 CFR 

351.224(e), Commerce is amending the 

Final Determination to reflect the 

correction of the ministerial error 

described in the Ministerial Error 

Memorandum. Based on the correction, 

the subsidy rate for Ningbo Daye 

changed from 14.17 percent to 13.67 

percent ad valorem. Because the allothers rate is calculated using a 

weighted average of the individual 

estimated subsidy rates calculated for 

mandatory respondents, including 

Ningbo Daye’s ad valorem subsidy rate, 

the all-others rate also changed from 

16.29 percent to 15.95 percent. 

Countervailing Duty Order 

On July 6, 2021, in accordance with 

section 705(d) of the Act, the ITC 

notified Commerce of its final 

determination that an industry in the 

United States is materially injured 

within the meaning of section 

705(b)(1)(A)(i) of the Act by reason of 

subsidized imports of lawn mowers 

from China.6 Therefore, in accordance 

with section 705(c)(2) of the Act, 

Commerce is issuing this CVD order. 

Because the ITC determined that 

imports of lawn mowers 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 CVDs. 

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, CVDs for all relevant 

entries of lawn mowers from China 

which are entered, or withdrawn from 

warehouse, for consumption on or after 

October 30, 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 determination under section 

705(b) of the Act, as further described in 

the ‘‘Provisional Measures’’ section of 

this notice. 

Continuation of Suspension of 

Liquidation and Cash Deposits 

Except as noted in the ‘‘Provisional 

Measures’’ section of this notice, in 

accordance with section 706(a)(1) of the 

Act, Commerce will instruct CBP to 

continue to suspend liquidation on all 

relevant entries of lawn mowers from 

China. These instructions suspending 

liquidation will remain in effect until 

further notice. 

Commerce will also instruct CBP to 

require cash deposits equal to the net 

countervailable subsidy rates indicated 

in the table below. Accordingly, 

effective on the date of publication in 

the Federal Register of the notice of the 

ITC’s final affirmative injury 

determination, CBP must require, at the 

same time as importers would deposit 

estimated normal customs duties on 

subject merchandise, a cash deposit 

equal to the rates listed in the table 

below. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Notices 36703 

8Commerce determined that, pursuant to 19 CFR 

351.525(b)(6)(vi), cross-ownership exists between 

Ningbo Daye Garden Machinery Co. Ltd. and 

Zhejiang Jingaye Holdings Ltd. 

9See Preliminary Determination. 

1See Certain Walk-Behind Lawn Mowers and 

Parts Thereof from the People’s Republic of China: 

Final Affirmative Determination of Sales at Less 

Than Fair Value, 86 FR 27384 (May 20, 2021); see 

also Certain Walk-Behind Lawn Mowers and Parts 

Thereof from the Socialist Republic of Vietnam: 

Final Affirmative Determination of Sales at Less 

Than Fair Value, 86 FR 27382 (May 20, 2021). 

Company 

Subsidy 

rate 

(percent) 

Zhejiang Amerisun Technology 

Co., Ltd ................................... 20.98 

Ningbo Daye Garden Machinery 

Co., Ltd 8 ................................. 13.67 

All Others .................................... 15.95 

Provisional Measures 

Section 703(d) of the Act states that 

the suspension of liquidation pursuant 

to an affirmative preliminary 

determination may not remain in effect 

for more than four months. Commerce 

published the Preliminary 

Determination on October 30, 2021.9

The provisional measures period, 

beginning on the date of publication of 

the Preliminary Determination, ended 

on February 26, 2021. Therefore, in 

accordance with section 703(d) of the 

Act and our practice, Commerce will 

instruct CBP to terminate the 

suspension of liquidation and to 

liquidate, without regard to CVDs, 

unliquidated entries of lawn mowers 

from China entered, or withdrawn from 

warehouse, for consumption after 

February 26, 2021, the final day on 

which the provisional measures were in 

effect, until and through the day 

preceding the date of publication of the 

ITC’s final affirmative injury 

determination in the Federal Register. 

Suspension of liquidation and the 

collection of cash deposits will resume 

on the date of publication of the ITC’s 

final determination in the Federal 

Register. 

Notification to Interested Parties 

This notice constitutes the CVD order 

with respect to lawn mowers 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 amended final determination 

and order is issued and published in 

accordance with sections 705(d) and 

706(a) of the Act and 19 CFR 351.211(b) 

and 351.224(e). 

Dated: July 8, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

Appendix 

Scope of the Order 

The merchandise covered by this order 

consists of certain rotary walk-behind lawn 

mowers, which are grass-cutting machines 

that are powered by internal combustion 

engines. The scope of this order 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 order 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. Walkbehind lawn mowers covered by this scope 

typically must be certified and comply with 

the Consumer Products Safety Commission 

Safety Standard For Walk-Behind Power 

Lawn Mowers under 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 order. 

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 order. 

For purposes of this order, 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 order. 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 order regardless 

of the origin of its engine, unless such lawn 

mowers contain an engine that is covered by 

the scope of the antidumping and 

countervailing duty orders on certain vertical 

shaft engines between 99cc and up to 225cc, 

and parts thereof (small vertical engines) 

from China. If the antidumping or 

countervailing duty orders 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 order. 

The lawn mowers subject to this order are 

typically at subheading: 8433.11.0050. Lawn 

mowers subject to this order 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 this order is 

dispositive. 

[FR Doc. 2021–14839 Filed 7–12–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–129, A–552–830] 

Certain Walk-Behind Lawn Mowers and 

Parts Thereof From the People’s 

Republic of China and the Socialist 

Republic of Vietnam: Antidumping 

Duty Orders 

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 antidumping duty 

orders on certain walk-behind lawn 

mowers and parts thereof (lawn 

mowers) from the People’s Republic of 

China (China) and the Socialist 

Republic of Vietnam (Vietnam). 

DATES: Applicable July 13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Marc Castillo or Fred Baker at 202–482– 

0519 and 202–482–2924, respectively 

(China), and Frank Schmitt or Mark 

Flessner at 202–482–4880 and 202–482– 

6312, respectively (Vietnam); AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 20, 2021, Commerce 

published its affirmative final 

determinations in the less-than-fairvalue (LTFV) investigations of lawn 

mowers from China and Vietnam.1 On 

July 6, 2021, the ITC notified Commerce 

of its final determinations, pursuant to 

section 735(d) of the Tariff Act of 1930, 

as amended (the Act), that an industry 

in the United States is materially 

injured within the meaning of section 

735(b)(1)(A)(i) of the Act by reason of 

LTFV imports of lawn mowers from 


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