51866 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices 

1See Petitioner’s Letter, ‘‘Certain Vertical Shaft 

Engines Between 99cc and 225cc, and Parts Thereof 

from China/Request for Anti-Circumvention 

Inquiries Pursuant to Section 781(c) and/or 781(d) 

of the Tariff Act of 1930,’’ dated July 30, 2021 

(Circumvention Allegation). 

2See 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 23675 (May 4, 

2021) (Orders). 

3See MTD’s Letter, ‘‘Request to Reject AntiCircumvention Inquiry Request,’’ dated August 27, 

2021. 

4See Petitioner’s Letter, ‘‘Comments on Request 

to Reject Anti-Circumvention Inquiry Request,’’ 

dated September 3, 2021. 

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT

ASSISTANCE—Continued 

[8/17/2021 through 9/7/2021] 

Firm name Firm address Date accepted for 

investigation Product(s) 

Rose Electronics Distributing Company, 

LLC.

2030 Ringwood Avenue, San Jose, CA 

95131.

8/24/2021 The firm manufactures batteries. 

RoMan Manufacturing, Inc ..................... 861 47th Street Southwest, Wyoming, 

MI 49509.

8/30/2021 The firm manufactures electrical equipment. 

Positive Connection, Inc ........................ 374 Central Avenue, Taneyville, MO 

65759.

9/2/2021 The firm manufactures wire harnesses 

for electrical circuits. 

Chateau Bianca, Inc ............................... 17485 Highway 22, Dallas, OR 97338 9/7/2021 The firm produces wine. 

Any party having a substantial 

interest in these proceedings may 

request a public hearing on the matter. 

A written request for a hearing must be 

submitted to the Trade Adjustment 

Assistance Division, Room 71030, 

Economic Development Administration, 

U.S. Department of Commerce, 

Washington, DC 20230, no later than ten 

(10) calendar days following publication 

of this notice. These petitions are 

received pursuant to section 251 of the 

Trade Act of 1974, as amended. 

Please follow the requirements set 

forth in EDA’s regulations at 13 CFR 

315.8 for procedures to request a public 

hearing. The Catalog of Federal 

Domestic Assistance official number 

and title for the program under which 

these petitions are submitted is 11.313, 

Trade Adjustment Assistance for Firms. 

Bryan Borlik, 

Director. 

[FR Doc. 2021–20180 Filed 9–16–21; 8:45 am] 

BILLING CODE 3510–WH–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–124, C–570–125] 

Certain Vertical Shaft Engines Between 

99cc and up to 225cc, and Parts 

Thereof, From the People’s Republic of 

China: Initiation of Anti-Circumvention 

Inquiry of Antidumping and 

Countervailing Duty Orders—60cc up 

to 99cc Engines 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to allegations of 

circumvention from Briggs & Stratton, 

LLC, the Department of Commerce 

(Commerce) is initiating an anticircumvention inquiry to determine 

whether imports of small vertical shaft 

engines with displacements between 

60cc and up to 99cc (60cc up to 99cc 

engines) from the People’s Republic of 

China (China) are circumventing the 

antidumping duty (AD) and 

countervailing duty (CVD) orders on 

certain vertical shaft engines between 

99cc and up to 225cc, and parts thereof 

(small vertical engines) from China. 

DATES: Effective September 17, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Luberda or Paul Litwin, AD/ 

CVD Operations, Office II, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2185 and (202) 482–6002, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 30, 2021, Briggs & Stratton, 

LLC, the petitioner in the AD and CVD 

investigations, requested that Commerce 

initiate anti-circumvention inquiries 

with regard to 60cc up to 99cc engines 

that are exported to the United States 

from China.1 The petitioner alleges that 

60cc up to 99cc engines constitute 

merchandise altered in form or 

appearance in such minor respects that 

it should be included within the scope 

of the Orders 2 pursuant to section 

781(c) of the Tariff Act of 1930, as 

amended (the Act) and 19 CFR 

351.225(i). In addition, the petitioner 

alleges that 60cc up to 99cc engines are 

later-developed merchandise and 

should be included within the scope of 

the Orders pursuant to section 781(d) of 

the Act and 19 CFR 351.225(j). On 

August 27, 2021, MTD Products Inc. 

(MTD), an original equipment 

manufacturer (OEM) and importer, 

submitted comments requesting that 

Commerce reject the petitioner’s request 

to initiate an anti-circumvention 

inquiry.3 On September 3, 2021, the 

petitioner submitted comments on 

MTD’s request to decline initiating an 

anti-circumvention inquiry.4

Scope of the Orders 

The products subject to these Orders 

are small vertical engines from China. 

For a complete description of the scope 

of the Orders, see the appendix. 

Merchandise Subject to the AntiCircumvention Inquiry 

This anti-circumvention inquiry 

covers small vertical shaft engines with 

displacements between 60cc and up to 

99cc produced in China and exported to 

the United States. 

Legal Framework 

Section 781(c) of the Act provides that 

Commerce may find circumvention of 

an AD or CVD order when merchandise 

of the same class or kind as 

merchandise has been ‘‘altered in form 

or appearance in minor respects . . . 

whether or not included in the same 

tariff classification.’’ Section 781(c)(2) of 

the Act provides an exception that 

‘‘{p}aragraph 1 shall not apply with 

respect to altered merchandise if the 

administering authority determines that 

it would be unnecessary to consider the 

altered merchandise within the scope of 

the {order}.’’ 

While the Act is silent as to what 

factors to consider in determining 

whether alterations are properly 

considered ‘‘minor,’’ the legislative 

history of this provision indicates that 

there are certain factors that should be 

considered before reaching a 

circumvention determination. In 

conducting a circumvention inquiry 

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices 51867 

5See Carbon and Certain Alloy Steel Wire Rod 

from Mexico: Initiation of Anti-Circumvention 

Inquiry of Antidumping Duty Order, 83 FR 5405 

(February 7, 2018) (citing S. Rep. No. 71, 100th 

Cong., 1st Sess. 100 (1987)). 

6 Id.; and Deacero S.A. de C.V. v. United States, 

817 F.3d 1332 (Fed. Cir. 2016) 

7See section 781(d)(1) of the Act. 

8See Later-Developed Anticircumvention Inquiry 

of the Antidumping Duty Order on Petroleum Wax 

Candles from the People’s Republic of China: 

Affirmative Preliminary Determination of 

Circumvention of Antidumping Duty Order, 71 FR 

32033, 32035 (June 2, 2006), unchanged in LaterDeveloped Merchandise Anticircumvention Inquiry 

of the Antidumping Duty Order on Petroleum Wax 

Candles from the People’s Republic of China: 

Affirmative Final Determination of Circumvention 

of the Antidumping Duty Order, 71 FR 59075 

(October 6, 2006). 

9See ‘‘Decision Memorandum for Initiation of 

Anti-Circumvention Inquiry,’’ dated concurrently 

with and hereby adopted by this notice (Initiation 

Decision Memorandum). 

under section 781(c) of the Act, 

Commerce has generally relied upon 

‘‘such criteria as the overall physical 

characteristics of the merchandise, the 

expectations of the ultimate users, the 

use of the merchandise, the channels of 

marketing and the cost of any 

modification relative to the total value 

of the imported products.’’ 5 Concerning 

the allegation of minor alteration under 

section 781(c) of the Act and 19 CFR 

351.225(i), Commerce examines such 

factors as: (1) Overall physical 

characteristics; (2) expectations of 

ultimate users; (3) use of merchandise; 

(4) channels of marketing; and (5) cost 

of any modification relative to the value 

of the imported products.6

Section 781(d) of the Act provides 

that Commerce may initiate an anticircumvention inquiry to determine 

whether merchandise developed after 

an AD or CVD investigation is within 

the scope of the order(s). In conducting 

later-developed merchandise inquiries 

under section 781(d)(1) of the Act, 

Commerce will evaluate whether: (1) 

The general physical characteristics of 

the merchandise subject to the inquiry 

are the same as subject merchandise 

covered by the order(s); (2) the 

expectations of the ultimate purchasers 

of the merchandise subject to the 

inquiry are no different to the 

expectations of the ultimate purchasers 

of subject merchandise; (3) the ultimate 

use of the inquiry merchandise and 

subject merchandise are the same; (4) 

the channels of trade of both products 

are the same; and (5) there are any 

differences in the advertisement and 

display of both products.7 First, 

however, Commerce applies a 

commercial availability test to 

determine whether the merchandise 

subject to the inquiry was commercially 

available at the time of the 

investigation(s) (i.e., the product was 

present in the commercial market or the 

product was tested and ready for 

commercial production).8

Analysis 

After analyzing the record evidence 

and the petitioner’s allegation, we 

determine that there is sufficient 

information to warrant the initiation of 

a minor alterations anti-circumvention 

inquiry, pursuant to section 781(c) of 

the Act and 19 CFR 351.225(i). 

However, we determine that initiation 

of a later-developed merchandise anticircumvention inquiry, pursuant to 

section 781(d) of the Act and 19 CFR 

351.225(j), is not warranted. For a full 

discussion of the basis for our decision 

to initiate a minor alterations anticircumvention inquiry, but not a laterdeveloped merchandise anticircumvention inquiry, see the Initiation 

Decision Memorandum.9 The Initiation 

Decision Memorandum is a public 

document, 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 Initiation Decision 

Memorandum can be accessed directly 

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

Conclusion 

Commerce will determine whether 

the merchandise subject to the inquiry 

(as described in the ‘‘Merchandise 

Subject to the Anti-Circumvention 

Inquiry’’ section above) is 

circumventing the Orders such that it 

should be included within the scope of 

the Orders, pursuant to section 781(c) of 

the Act and 19 CFR 351.225(i). 

In accordance with 19 CFR 

351.225(l)(2), if Commerce issues a 

preliminary affirmative determination, 

we will then instruct U.S. Customs and 

Border Protection to suspend 

liquidation and require a cash deposit of 

estimated duties, at the applicable rate, 

for each unliquidated entry of the 

merchandise at issue entered or 

withdrawn from warehouse for 

consumption on or after the date of 

initiation of the inquiry. 

Commerce will establish a schedule 

for questionnaires and comments on the 

issues related to the inquiry. In 

accordance with section 781(f) of the 

Act, to the maximum extent practicable, 

Commerce intends to issue its final 

determination within 300 days of the 

date of publication of this initiation. 

Notification to Interested Parties 

This notice is published in 

accordance with sections 781(c) of the 

Act and 19 CFR 351.225(i). 

Dated: September 13, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Orders 

The merchandise covered by these orders 

consists of spark-ignited, non-road, vertical 

shaft engines, whether finished or 

unfinished, whether assembled or 

unassembled, whether mounted or 

unmounted, primarily for walk-behind lawn 

mowers. Engines meeting this physical 

description may also be for other non-handheld outdoor power equipment, including 

but not limited to, pressure washers. The 

subject engines are spark ignition, singlecylinder, air cooled, internal combustion 

engines with vertical power take off shafts 

with a minimum displacement of 99 cubic 

centimeters (cc) and a maximum 

displacement of up to, but not including, 

225cc. Typically, engines with displacements 

of this size generate gross power of between 

1.95 kilowatts (kw) to 4.75 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. 

Certain small vertical shaft engines, 

whether or not mounted on non-hand-held 

outdoor power equipment, including but not 

limited to walk-behind lawn mowers and 

pressure washers, are included in the scope. 

However, if a subject engine is imported 

mounted on such equipment, only the engine 

is covered by the scope. Subject merchandise 

includes certain small vertical shaft engines 

produced in the subject country whether 

mounted on outdoor power equipment in the 

subject country or in a third country. Subject 

engines are covered whether or not they are 

accompanied by other parts. 

For purposes of these orders, 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 a sump, carburetor spacer, cylinder 

head(s), valve train, or valve cover(s), 

constitutes an unfinished engine for purposes 

of these orders. The inclusion of other 

products such as spark plugs fitted into the 

51868 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices 

cylinder head or electrical devices (e.g., 

ignition coils) for synchronizing with the 

engine 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. 

Specifically excluded from the scope of 

these orders are ‘‘Commercial’’ or ‘‘Heavy 

Commercial’’ engines under 40 CFR 1054.107 

and 1054.135 that have (1) a displacement of 

160 cc or greater, (2) a cast iron cylinder 

liner, (3) an automatic compression release, 

and (4) a muffler with at least three chambers 

and volume greater than 400 cc. 

The engines subject to these orders are 

predominantly classified in the Harmonized 

Tariff Schedule of the United States (HTSUS) 

at subheading 8407.90.1010. The engine 

subassemblies that are subject to this 

investigation enter under HTSUS 

8409.91.9990. The mounted engines that are 

subject to this investigation enter under 

HTSUS 8433.11.0050, 8433.11.0060, and 

8424.30.9000. Engines subject to this 

investigation may also enter under HTSUS 

8407.90.1020, 8407.90.9040, and 

8407.90.9060. The HTSUS subheadings are 

provided for convenience and customs 

purposes only, and the written description of 

the merchandise is dispositive. 

[FR Doc. 2021–20170 Filed 9–16–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Domestic and International 

Client Export Services and Customized 

Forms Renewal 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on July 6, 2021, 

during a 60-day comment period. This 

notice allows for an additional 30 days 

for public comments. 

Agency: International Trade 

Administration, U.S. Commercial 

Service, Commerce. 

Title: Domestic and International 

Client Export Services and Customized 

Forms. 

OMB Control Number: 0625–0143. 

Form Number(s): ITA–4096P. 

Type of Request: Renewal submission 

(extension of a current information 

collection). 

Number of Respondents: 200,000. 

Average Hours per Response: 10 

minutes. 

Burden Hours: 33,333 (annual). 

Needs and Uses: The International 

Trade Administration’s (ITA) U.S. 

Commercial Service (CS) is mandated 

by Congress to broaden and deepen the 

U.S. exporter base. The CS 

accomplishes this by providing 

counseling, programs, and services to 

help U.S. organizations export and 

conduct business in overseas markets. 

This information collection package 

enables the CS to provide appropriate 

export services to U.S. exporters and 

international buyers. 

The Commercial Service (CS) offers a 

variety of services to enable clients to 

begin exporting/importing or to expand 

existing exporting/importing efforts. 

Clients may learn about our services 

from business related entities such as 

the National Association of 

Manufacturers, Federal Express, State 

Economic Development offices, the 

internet or word of mouth. The CS 

provides a standard set of services to 

assist clients with identifying potential 

overseas partners, establishing meeting 

programs with appropriate overseas 

business contacts, and providing due 

diligence reports on potential overseas 

business partners. The CS also provides 

other export-related services considered 

to be of a ‘‘customized nature’’ because 

they do not fit into the standard set of 

CS export services but are driven by 

unique business needs of individual 

clients. 

The dissemination of international 

market information and potential 

business opportunities for U.S. 

exporters are critical components of the 

Commercial Service’s export assistance 

programs and services. U.S. companies 

conveniently access and indicate their 

interest in these services by completing 

the appropriate forms via ITA and CS 

U.S. Export Assistance Center websites. 

The CS works closely with clients to 

educate them about the exporting/ 

importing process and to help prepare 

them for exporting/importing. When a 

client is ready to begin the exporting/ 

importing process our field staff provide 

counseling to assist in the development 

of an exporting strategy. We provide feebased, export-related services designed 

to help client export/import. The type of 

export-related service that is proposed 

to a client depends upon a client’s 

business goals and where they are in the 

export/import process. Some clients are 

at the beginning of the export process 

and require assistance with identifying 

potential distributors, whereas other 

clients may be ready to sign a contract 

with a potential distributor and require 

due diligence assistance. 

Before the CS can provide exportrelated services to clients, such as 

assistance with identifying potential 

partners or providing due diligence, 

specific information is required to 

determine the client’s business 

objectives and needs. For example, 

before we can provide a service to 

identify potential business partners, we 

need to know whether the client would 

like a potential partner to have specific 

technical qualifications, coverage in a 

specific market, English or foreign 

language ability or warehousing 

requirements. This information 

collection is designed to elicit such data 

so that appropriate services can be 

proposed and conducted to most 

effectively meet the client’s exporting 

goals. Without these forms the CS is 

unable to provide services when 

requested by clients. 

The forms ask U.S. exporters standard 

questions about their company details, 

export experience, information about 

the products or services they wish to 

export and exporting goals. A few 

questions are tailored to a specific 

program type and will vary slightly with 

each program. CS staff use this 

information to gain an understanding of 

client’s needs and objectives so that 

they can provide appropriate and 

effective export assistance tailored to an 

exporter’s particular requirements. 

Affected Public: Business or other forprofit organizations; Not-for-profit 

institutions; State, Local, or Tribal 

government; and Federal government. 

Frequency: On occasion. 

Respondent’s Obligation: Voluntary. 

Legal Authority: Public Law 15 U.S.C. 

et seq. and 15 U.S.C. 171 et seq. 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and