50696 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices 

1See Certain Walk-Behind Snow Throwers and 

Parts Thereof from the People’s Republic of China: 

Initiation of Countervailing Duty Investigation, 86 

FR 22022 (April 26, 2021) (Initiation Notice). 

2See Certain Walk-Behind Snow Throwers and 

Parts Thereof from the People’s Republic of China: 

Postponement of Preliminary Determination in the 

Countervailing Duty Investigation, 86 FR 30405 

(June 8, 2021). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination of the 

Countervailing Duty Investigation of Certain WalkBehind Snow Throwers and Parts Thereof from the 

People’s Republic of China,’’ dated concurrently 

with, and hereby adopted by, this notice 

(Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Petitioner’s Letter, ‘‘Antidumping and 

Countervailing Duty Investigations of Certain WalkBehind Snow Throwers from the People’s Republic 

of China: Scope Comments,’’ dated May 10, 2021. 

Roads 5731, 59, 5720, 796, 4794, 367, 

56, 4915, 4790, 4789, 368, and 5736), for 

a total closed area of approximately 

5,090 acres, which is the minimum 

amount of acreage necessary to protect 

public health and safety. 

The proposed forest order, map, and 

the justification for the forest order are 

available on the Coronado National 

Forest web page at https://

www.fs.usda.gov/coronado/ and at the 

Forest Service’s website at 

www.fs.usda.gov/about-agency/ 

regulations-policies. 

Dated: August 27, 2021. 

Tina Johna Terrell, 

Associate Deputy Chief, National Forest 

System. 

[FR Doc. 2021–19521 Filed 9–9–21; 8:45 am] 

BILLING CODE 3411–15–P 

COMMISSION ON CIVIL RIGHTS 

Sunshine Act Meetings 

AGENCY: United States Commission on 

Civil Rights. 

ACTION: Notice of Commission public 

business meeting. 

DATES: Friday, September 10, 2021, 

12:00 p.m. EST. 

ADDRESSES: Meeting to take place by 

telephone and is open to the public by 

telephone: 1–866–556–2429, Conference 

ID #: 9502965. 

FOR FURTHER INFORMATION CONTACT: 

Angelia Rorison: 202–376–7700; 

publicaffairs@usccr.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Government in 

Sunshine Act (5 U.S.C. 552b), the 

Commission on Civil Rights is holding 

a meeting to discuss the Commission’s 

business for the month of August. This 

meeting is open to the public. Computer 

assisted real-time transcription (CART) 

will be provided. The web link to access 

CART (in English) on Friday, September 

10, 2021, is https://www.streamtext.net/ 

player?event=USCCR. Please note that 

CART is text-only translation that 

occurs in real time during the meeting 

and is not an exact transcript. Schedule 

subject to change, for updates visit the 

USCCR Twitter at www.twitter.com/ 

usccrgov. 

Meeting Agenda 

I. Approval of Agenda 

II. Business Meeting 

A. Presentations from Advisory 

Committees to the Commission on 

Recent Reports/Memo Releases 

B. Discussion and Vote on Advisory 

Committee Appointments 

C. Vote to Amend October 2022 

Business Meeting Date 

D. Discussion and Vote on 

Commission Statement Regarding 

School Safety 

E. Management and Operations 

• Staff Director’s Report 

III. Adjourn Meeting 

Dated: August 31, 2021. 

Angelia Rorison, 

Director of Media and Communications. 

[FR Doc. 2021–19673 Filed 9–8–21; 11:15 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–142] 

Certain Walk-Behind Snow Throwers 

and Parts Thereof From the People’s 

Republic of China: Preliminary 

Affirmative Countervailing Duty 

Determination and Alignment of Final 

Determination With Final Antidumping 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that countervailable subsidies are being 

provided to producers and exporters of 

certain walk-behind snow throwers and 

parts thereof (snow throwers) from the 

People’s Republic of China (China). The 

period of investigation (POI) is January 

1, 2020, through December 31, 2020. 

DATES: Applicable September 10, 2021. 

FOR FURTHER INFORMATION CONTACT: Alex 

Cipolla or Joy Zhang, 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) 482–4956 or (202) 482–1168, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on April 26, 2021.1 On June 8, 2021, 

Commerce postponed the preliminary 

determination of this investigation and 

the revised deadline is now August 27, 

2021.2 For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

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

Scope of the Investigation 

The products covered by this 

investigation are snow throwers from 

China. For a complete description of the 

scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations, the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage, (i.e., scope).4 MTD Products 

Inc (the petitioner) commented on the 

scope of the investigation, requesting 

the addition of exclusion language to 

the scope as it appeared in the Initiation 

Notice.5 Commerce is preliminarily 

modifying the scope language as it 

appeared in the Initiation Notice to 

include the requested language. See the 

revised scope in Appendix I to this 

notice and accompanying Preliminary 

Decision Memorandum for further 

discussion. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 


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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices 50697 

6See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; see also section 

771(5)(E) of the Act regarding benefit; and section 

771(5A) of the Act regarding specificity. 

7See sections 776(a) and (b) of the Act. 

8See Petitioner’s Letter, ‘‘Countervailing Duty 

Investigation of Certain Walk-Behind Snow 

Throwers and Parts Thereof from the People’s 

Republic of China: Request to Align Final 

Countervailing Duty Determination with Final 

Antidumping Duty Determination,’’ dated August 6, 

2021. 

9These companies are Changzhou Globe Tools 

Co., Ltd., Ningbo Joyo Garden Tools Co., Ltd., 

Nanjing Chervon Industry Co., Ltd., Ningbo Daye 

Garden Machinery Co., Ltd., Ningbo Scojet Import 

& Export Trading Co., Ltd., TIYA International Co., 

Ltd., Weima Agricultural Machinery Co., Ltd., and 

Zhejiang Yat Electrical Appliance Co. 

10See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.6

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available and, because it finds that one 

or more respondents did not act to the 

best of their ability to respond to 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.7 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 

final CVD determination in this 

investigation with the final 

determination in the companion AD 

investigation of snow throwers from 

China based on a request made by the 

petitioner.8 Consequently, the final CVD 

determination will be issued on the 

same date as the final AD 

determination, which is currently 

scheduled to be issued no later than 

January 10, 2022, unless postponed. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

In this investigation, Commerce 

calculated an individual estimated 

countervailable subsidy rate for 

Zhejiang Zhouli Industrial Co., Ltd. 

(Zhejiang Zhouli), the only individually 

examined exporter/producer, that was 

not zero, de minimis, or based entirely 

under section 776 of the Act. As a 

result, the estimated weighted-average 

rate calculated for Zhejiang Zhouli is 

the rate assigned to all other producers 

and exporters, pursuant to section 

705(c)(5)(A)(i) of the Act. 

Rate for Non-Responsive Companies 

Eight potential producers and/or 

exporters of snow throwers from China 

received but did not respond to, or 

refused delivery of, Commerce’s 

Quantity and Value (Q&V) 

Questionnaire or Commerce’s Initial 

Countervailing Duty Questionnaire. We 

find that, by not responding to the Q&V 

Questionnaire or Initial Questionnaire, 

these companies withheld requested 

information and significantly impeded 

this proceeding.9 Thus, in reaching our 

preliminary determination, pursuant to 

sections 776(a)(2)(A) and (C) of the Act, 

we are basing the CVD rate for these 

eight companies on facts otherwise 

available. 

We further preliminarily determine 

that an adverse inference is warranted, 

pursuant to section 776(b) of the Act. By 

failing to submit responses to 

Commerce’s Q&V or initial 

questionnaire, the eight companies did 

not cooperate to the best of their ability 

in this investigation. 

Accordingly, we preliminarily find 

that an adverse inference is warranted to 

ensure that the eight companies will not 

obtain a more favorable result than had 

they fully complied with our request for 

information. For more information on 

the application of adverse facts available 

to the non-responsive companies, see 

‘‘Use of Facts Otherwise Available and 

Adverse Inferences’’ in the Preliminary 

Determination Memorandum. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company Subsidy rate 

(percent) 

Zhejiang Zhouli Industrial Co 12.86 

All-Others .............................. 12.86 

Changzhou Globe Tools Co., 

Ltd. Co., Ltd ...................... 130.44 

Nanjing Chevron Industry 

Co., Ltd ............................. 130.44 

Ningbo Daye Garden Machinery Co., Ltd ................. 130.44 

Ningbo Joyo Garden Tools 

Co., Ltd ............................. 130.44 

Ningbo Scojet Import & Export Trading ....................... 130.44 

TIYA International Co., Ltd ... 130.44 

Weima Agricultural Machinery Co., Ltd ....................... 130.44 

Company Subsidy rate 

(percent) 

Zhejiang Yat Electrical Appliance Co ............................. 130.44 

Suspension of Liquidation 

In accordance with sections 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice in accordance 

with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. Normally, 

Commerce verifies information using 

standard procedures, including an onsite examination of original accounting, 

financial, and sales documentation. 

However, due to current travel 

restrictions in response to the global 

COVID–19 pandemic, Commerce is 

unable to conduct on-site verification in 

this investigation. Accordingly, we 

intend to verify the information relied 

upon in making the final determination 

through alternative means in lieu of an 

on-site verification. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance. Interested parties will be 

notified of the timeline for the 

submission of case briefs and written 

comments at a later date. Rebuttal briefs, 

limited to issues raised in case briefs, 

may be submitted no later than seven 

days after the deadline date for case 

briefs.10 Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 


jbell on DSKJLSW7X2PROD with NOTICES
50698 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices 

11See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19, 85 FR 

17006 (March 26, 2020); and Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020) (collectively, Temporary 

Rule). 

12See 19 CFR 351.310(d). 

information, until further notice.11 The 

deadlines for submitting case and 

rebuttal briefs on scope issues will be 

established as part of the preliminary 

determination in the companion AD 

investigation. Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

this investigation are encouraged to 

submit with each argument: (1) A 

statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, and a list of the 

issues to be discussed. Oral 

presentations at the hearing will be 

limited to issues raised in the briefs. If 

a request for a hearing is made, 

Commerce intends to hold the hearing 

at a time and date to be determined.12

Parties should confirm by telephone the 

date and time of the hearing two days 

before the scheduled date. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination whether these imports 

are materially injuring, or threaten 

material injury to, the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act, and 19 CFR 

351.205(c). 

Dated: August 27, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation consists of gas-powered, walkbehind snow throwers (also known as snow 

blowers), which are snow moving machines 

that are powered by internal combustion 

engines and primarily pedestrian-controlled. 

The scope of the investigation covers certain 

snow throwers (also known as snow 

blowers), whether self-propelled or non-selfpropelled, whether finished or unfinished, 

whether assembled or unassembled, and 

whether containing any additional features 

that provide for functions in addition to 

snow throwing. Subject merchandise also 

includes finished and unfinished snow 

throwers that are further processed in a third 

country or in the United States, including, 

but not limited to, assembly or any other 

processing that would not otherwise remove 

the merchandise from the scope of this 

investigation if performed in the country of 

manufacture of the in-scope snow throwers. 

Walk-behind snow throwers subject to the 

scope of this investigation are powered by 

internal combustion engines which are 

typically spark ignition, single or multiple 

cylinder, and air-cooled with power take off 

shafts. 

For the purposes of this investigation, an 

unfinished and/or unassembled snow 

thrower means at a minimum, a subassembly 

comprised of an engine, auger housing (i.e., 

intake frame), and an auger (or ‘‘auger 

paddle’’) packaged or imported together. An 

intake frame is the portion of the snow 

thrower—typically of aluminum or steel that 

houses and protects an operator from a 

rotating auger and is the intake point for the 

snow. Importation of the subassembly 

whether or not accompanied by, or attached 

to, additional components including, but not 

limited to, handle(s), impeller(s), chute(s), 

track tread(s), or wheel(s) constitutes an 

unfinished snow thrower for purposes of this 

investigation. The inclusion in a third 

country of any components other than the 

snow thrower sub-assembly does not remove 

the snow thrower from the scope. A snow 

thrower is within the scope of this 

investigation regardless of the origin of its 

engine. 

Specifically excluded is merchandise 

covered by the scope of the antidumping and 

countervailing duty orders on certain vertical 

shaft engines between 225cc and 999cc, and 

parts thereof from the People’s Republic of 

China. See 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) and 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, 86 FR 

12619 (March 4, 2021). 

Also specifically excluded is merchandise 

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 From the People’s 

Republic of China. See Certain Vertical Shaft 

Engines Between 99cc and Up to 225cc, and 

Parts Thereof From the People’s Republic of 

China: Antidumping and Countervailing 

Duty Orders, 86 FR 023675 (May 4, 2021). 

The snow throwers subject to this 

investigation are typically entered under 

Harmonized Tariff Schedule of the United 

States (HTSUS) subheading 8430.20.0060. 

Certain parts of snow throwers subject to this 

investigation may also enter under HTSUS 

8431.49.9095. The HTSUS subheadings are 

provided for convenience and customs 

purposes only, and 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. Scope Comments 

IV. Scope of the Investigation 

V. Injury Test 

VI. Diversification of China’s Economy 

VII. Use of Facts Otherwise Available and 

Adverse Inferences 

VIII. Subsidies Valuation 

IX. Benchmarks and Interest Rates 

X. Analysis of Programs 

XI. Recommendation 

[FR Doc. 2021–19627 Filed 9–9–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–801] 

Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: 

Preliminary Results of Antidumping 

Duty Administrative Review, 

Preliminary Determination of No 

Shipments, and Partial Rescission of 

Antidumping Duty Administrative 

Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that NTSF Seafoods Joint Stock 

Company (NTSF), a producer and 

exporter of frozen fish fillets (fish fillets) 

from the Socialist Republic of Vietnam 

(Vietnam) did not make sales of subject 

merchandise at prices below normal 

value (NV) during the period of review 

(POR) August 1, 2019, through July 31, 

2020. Commerce also preliminarily 

determines that it is appropriate to 

apply facts available, with adverse 

inferences (AFA) to East Sea Seafoods 


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