24280 Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / Notices 

1See Petitioner’s Letter, ‘‘Request for AntiCircumvention Inquiry Pursuant to Section 781(c) 

and/or Section 781(d) of the Tariff Act of 1930,’’ 

dated March 4, 2022. 

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 Memorandum, ‘‘Correction to Extended 

Date to Determine Whether to Initiate 

Circumvention Inquiry,’’ dated April 7, 2022. 

Commerce initially submitted a memorandum on 

March 28, 2022 to extend the initiation deadline, 

but the extended deadline was incorrectly listed as 

April 19, 2022. See Memorandum, ‘‘Extension of 

Time to Determine Whether to Initiate 

Circumvention Inquiry,’’ dated March 28, 2022. 

4See FNA’s Letter, ‘‘Request to Reject AntiCircumvention Inquiry Request,’’ dated April 7, 

2022. FNA initially submitted comments on March 

29, 2022, but Commerce rejected these comments 

because they contained untimely new factual 

Regional Programs Unit at the above 

email or street address. 

Agenda 

I. Welcome 

II. Discussion and Planning for third 

web hearing 

III. Public Comment 

IV. Next Steps 

V. Adjournment 

Dated: April 19, 2022. 

David Mussatt, 

Supervisory Chief, Regional Programs Unit. 

[FR Doc. 2022–08675 Filed 4–22–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

First Responder Network Authority; 

Public Combined Board and Board 

Committees Meeting 

AGENCY: First Responder Network 

Authority (FirstNet Authority), National 

Telecommunications and Information 

Administration (NTIA), U.S. 

Department of Commerce. 

ACTION: Announcement of meeting. 

SUMMARY: The FirstNet Authority Board 

will convene an open public meeting of 

the Board and Board Committees. 

DATES: May 4, 2022; 11:00 a.m. to 1:00 

p.m. Eastern Standard Time (EST); 

Durham, New Hampshire. 

ADDRESSES: The meeting will be held at 

the University of New Hampshire— 

Durham located at 105 Main Street, 

Durham, NH 03824. Due to restrictions 

on the number of people who can be 

present, members of the public will not 

be able to attend in person but may 

listen to the meeting and view the 

presentation by visiting the URL: 

https://stream2.sparkstreetdigital.com/ 

20220504-firstnet.html. If you 

experience technical difficulty, contact 

support@sparkstreetdigital.com. WebEx 

information can also be found on the 

FirstNet Authority website 

(FirstNet.gov). 

FOR FURTHER INFORMATION CONTACT:

General information: Janell Smith, 

(202) 257–5929, Janell.Smith@

FirstNet.gov. 

Media inquiries: Ryan Oremland, 

(571) 665–6186, Ryan.Oremland@

FirstNet.gov. 

SUPPLEMENTARY INFORMATION: 

Background: The Middle-Class Tax 

Relief and Job Creation Act of 2012 

(codified at 47 U.S.C. 1401 et seq.) (Act) 

established the FirstNet Authority as an 

independent authority within NTIA. 

The Act directs the FirstNet Authority 

to ensure the building, deployment, and 

operation of a nationwide interoperable 

public safety broadband network. The 

FirstNet Authority Board is responsible 

for making strategic decisions regarding 

the operations of the FirstNet Authority. 

Matters to be Considered: The 

FirstNet Authority will post a detailed 

agenda for the Combined Board and 

Board Committees Meeting on 

FirstNet.gov prior to the meeting. The 

agenda topics are subject to change. 

Please note that the subjects discussed 

by the Board and Board Committees 

may involve commercial or financial 

information that is privileged or 

confidential, or other legal matters 

affecting the FirstNet Authority. As 

such, the Board may, by majority vote, 

close the meeting only for the time 

necessary to preserve the confidentiality 

of such information, pursuant to 47 

U.S.C. 1424(e)(2). 

Other Information: The public 

Combined Board and Board Committees 

Meeting is accessible to people with 

disabilities. Individuals requiring 

accommodations, such as sign language 

interpretation or other ancillary aids, are 

asked to notify Janell Smith at (202) 

257–5929 or email: Janell.Smith@

FirstNet.gov at least five (5) business 

days (April 27) before the meeting. 

Records: The FirstNet Authority 

maintains records of all Board 

proceedings. Minutes of the Combined 

Board and Board Committees Meeting 

will be available on FirstNet.gov. 

Dated: April 18, 2022. 

Janell Smith, 

Board Secretary, First Responder Network 

Authority. 

[FR Doc. 2022–08777 Filed 4–22–22; 8:45 am] 

BILLING CODE 3510–TL–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 Circumvention 

Inquiry of the Antidumping and 

Countervailing Duty Orders—DualPiston Engines 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to a 

circumvention inquiry request from 

Briggs & Stratton, LLC, the Department 

of Commerce (Commerce) is initiating a 

country-wide circumvention inquiry to 

determine whether dual-piston engines 

exported from the People’s Republic of 

China (China) will circumvent the 

antidumping (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: Applicable April 25, 2022. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gill, 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) 482–5673. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 4, 2022, Briggs & Stratton, 

LLC, the petitioner in the less-than-fairvalue (LTFV) and CVD investigations, 

requested that Commerce initiate a 

circumvention inquiry with respect to 

dual-piston engines produced in and 

exported from China.1 The petitioner 

alleges that dual-piston engines 

constitute merchandise altered in form 

or appearance in such minor respects 

that they 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 

351.226(j). In addition, the petitioner 

alleges that dual-piston 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 351.226(k). 

On March 28, 2022, we extended the 

deadline to initiate this circumvention 

inquiry by 15 days, in accordance with 

the 19 CFR 351.226(d)(1), to April 18, 

2022.3 On April 7, 2022, FNA Group, 

Inc. (FNA) submitted comments asking 

that Commerce reject the petitioner’s 

request that Commerce initiate a 

country-wide circumvention inquiry.4


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / Notices 24281 

information. See Commerce’s Letter, ‘‘Rejection 

Letter,’’ dated April 6, 2022. We intend to address 

FNA’s comments from its April 7, 2022 letter postinitiation because they relate to the substance of the 

petitioner’s allegation. 

5See section 781(d)(1) of the Act. 

6See 19 CFR 351.226(k). 

7See Memorandum, ‘‘Decision Memorandum for 

Initiation of Circumvention Inquiry,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Initiation Decision Memorandum), available 

at https://access.trade.gov/public/FRNotices

ListLayout.aspx. 

8See, e.g., Aluminum Extrusions from the 

People’s Republic of China: Affirmative Final 

Determination of Circumvention of the 

Antidumping and Countervailing Duty Orders and 

Rescission of Minor Alterations Anti-Circumvention 

Inquiry, 82 FR 4630 (July 26, 2017), and 

accompanying Issues and Decision Memorandum at 

Comment 4. 

Scope of the Orders 

The products subject to the Orders are 

small vertical engines from China. For a 

complete description of the scope of the 

Orders, see the appendix to this notice. 

Merchandise Subject to the 

Circumvention Inquiry 

This circumvention inquiry covers 

dual-piston engines produced in China 

and exported to the United States. 

Statutory and Regulatory Framework 

Section 351.226(d) of Commerce’s 

regulations states that if Commerce 

determines that a request for a 

circumvention inquiry satisfies the 

requirements of 19 CFR 351.226(c), then 

Commerce ‘‘will accept the request and 

initiate a circumvention inquiry.’’ 

Section 351.226(c)(1) of Commerce’s 

regulations, in turn, requires that each 

request for a circumvention inquiry 

allege ‘‘that the elements necessary for 

a circumvention determination under 

section 781 of the Act exist’’ and be 

‘‘accompanied by information 

reasonably available to the interested 

party supporting these allegations.’’ The 

petitioner alleges circumvention 

pursuant to sections 781(c) 

(merchandise altered in form or 

appearance in minor respects) and 

781(d) (merchandise developed after an 

investigation is initiated) of the Act. 

Section 351.226(m)(2) of Commerce’s 

regulations states, for companion AD 

and CVD duty proceedings, that ‘‘the 

Secretary will initiate and conduct a 

single inquiry with respect to the 

product at issue for both orders only on 

the record of the antidumping 

proceeding.’’ Further, once ‘‘the 

Secretary issues a final circumvention 

determination on the record of the 

antidumping duty proceeding, the 

Secretary will include a copy of that 

determination on the record of the 

countervailing duty proceeding.’’ 

Accordingly, once Commerce concludes 

this circumvention inquiry, Commerce 

intends to place its final circumvention 

determination on the record of the 

companion CVD proceeding. 

Section 781(c)(1) of the Act provides 

that the class or kind of merchandise 

subject to an AD or CVD order shall 

include articles that have 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 section 781(c)(1) of the 

Act ‘‘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}.’’ Concerning the allegation of 

minor alteration under section 781(c) of 

the Act and 19 CFR 351.226(j), 

Commerce may consider criteria 

including, but not limited to: (1) Overall 

physical characteristics of the 

merchandise; (2) expectations of 

ultimate users; (3) use of the 

merchandise; (4) channels of marketing; 

and (5) cost of any modification relative 

to the value of the imported products. 

Section 781(d) of the Act provides 

that Commerce may find circumvention 

of an AD or CVD order when 

merchandise is developed after an 

investigation is initiated. In conducting 

a later-developed merchandise inquiry 

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

19 CFR 351.226(k), Commerce will 

consider whether: (1) The laterdeveloped merchandise has the same 

general physical characteristics as the 

merchandise with respect to which the 

order was originally issued; (2) the 

expectations of the ultimate purchasers 

of the later-developed merchandise are 

the same as for the earlier product; (3) 

the ultimate use of the earlier product 

and the later-developed merchandise 

are the same; (4) the later-developed 

merchandise is sold through the same 

channels of trade as the earlier product; 

and (5) the later-developed merchandise 

is advertised and displayed in a manner 

similar to the earlier product.5 First, 

however, Commerce determines 

whether the merchandise subject to the 

inquiry was commercially available at 

the time of the initiation of the 

underlying LTFV or CVD investigation 

(i.e., the product was present in the 

commercial market or the product was 

tested and ready for commercial 

production).6

Analysis 

After analyzing the record evidence 

and the petitioner’s allegation, we 

determine that there is sufficient 

information to warrant initiation of a 

circumvention inquiry based on both 

allegations: (1) Minor alterations, 

pursuant to section 781(c) of the Act 

and 19 CFR 351.226(j); and (2) laterdeveloped merchandise, pursuant to 

section 781(d) of the Act and 19 CFR 

351.226(k). For a full discussion of the 

basis for our decision to initiate a 

circumvention inquiry regarding both 

the later-developed merchandise and 

minor alterations allegations, see the 

Initiation Decision Memorandum.7

As explained in the Initiation 

Decision Memorandum, the information 

provided by the petitioner also warrants 

initiating this circumvention inquiry on 

a country-wide basis. Commerce has 

taken this approach in prior 

circumvention inquiries, when the facts 

warranted initiation on a country-wide 

basis.8

Commerce intends to establish a 

schedule for questionnaires and 

comments on the issues related to this 

inquiry. 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 intends to notify U.S. 

Customs and Border Protection (CBP) of 

this initiation and direct CBP to 

continue the suspension of liquidation 

of entries of products subject to this 

circumvention inquiry that were already 

subject to the suspension of liquidation 

under the Orders and to apply the cash 

deposit rates that would be applicable if 

the products were determined to be 

covered by the scope of the Orders. 

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 sections 781(c) and (d) of the Act, 

Commerce determines that the 

petitioner’s request for a 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 dual-piston 

engines produced in and exported from 

China will circumvent the Orders. In 

addition, we have included a 

description of the products that are the 


khammond on DSKJM1Z7X2PROD with NOTICES
24282 Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / Notices 

subject to this inquiry and an 

explanation of Commerce’s decision to 

initiate this inquiry as provided in the 

accompanying Initiation Decision 

Memorandum. In accordance with 19 

CFR 351.226(e)(1), Commerce intends to 

issue its preliminary circumvention 

determination no later than 150 days 

from the date of publication of the 

notice of initiation of this 

circumvention inquiry in the Federal 

Register. 

This notice is published in 

accordance with sections 781(c) and (d) 

of the Act, and 19 CFR 351.226(d)(1)(ii). 

Dated: April 18, 2022. 

Lisa W. Wang, 

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 these Orders 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 the orders. 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 the orders. 

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 

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 under the 

Harmonized Tariff Schedule of the United 

States (HTSUS) subheading 8407.90.1010. 

The engine subassemblies that are subject to 

these Orders are classified under HTSUS 

subheading 8409.91.9990. The mounted 

engines that are subject to these Orders are 

classified under HTSUS subheadings 

8433.11.0050, 8433.11.0060, and 

8424.30.9000. Engines subject to these Orders 

may also be classified under HTSUS 

subheadings 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. 2022–08698 Filed 4–22–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB965] 

Atlantic Highly Migratory Species; 

Meeting of the Atlantic Highly 

Migratory Species Advisory Panel 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting and 

webinar/conference call. 

SUMMARY: NMFS will hold a 3-day 

Atlantic Highly Migratory Species 

(HMS) Advisory Panel (AP) meeting in 

May 2022. The intent of the meeting is 

to consider options for the conservation 

and management of Atlantic HMS. The 

meeting is open to the public. 

DATES: The AP meeting and webinar 

will be held from 10 a.m. to 5 p.m. on 

Wednesday, May 18, from 9:30 a.m. to 

5 p.m. on Thursday, May 19, and from 

9 a.m. to 12 p.m. on Friday, May 20. 

ADDRESSES: The meeting will be held at 

the DoubleTree by Hilton Silver Spring 

Hotel, 8777 Georgia Avenue, Silver 

Spring, MD 20910. The meeting will 

also be accessible via WebEx webinar/ 

conference call. Conference call and 

webinar access information are available 

at: https://www.fisheries.noaa.gov/ 

event/may-2022-hms-advisory-panelmeeting. 

Participants accessing the webinar are 

strongly encouraged to log/dial in 15 

minutes prior to the meeting. NMFS 

will show the presentations via webinar 

and allow public comment during 

identified times on the agenda. 

FOR FURTHER INFORMATION CONTACT: 

Peter Cooper at (301) 427–8503 or 

Peter.Cooper@noaa.gov. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries are managed under the 

dual authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act; 16 U.S.C. 

1801 et seq.) and the Atlantic Tunas 

Convention Act (ATCA; 16 U.S.C. 971 et 

seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (2006 

Consolidated HMS FMP) and its 

amendments are implemented by 

regulations at 50 CFR part 635. 

The Magnuson-Stevens Act requires 

the establishment of APs and requires 

NMFS to consult with and consider the 

comments and views of AP members 

during the preparation and 

implementation of FMPs or FMP 

amendments. 16 U.S.C. 1854(g)(1)(A)– 

(B). NMFS meets with the HMS AP 

approximately twice each year to 

consider potential alternatives for the 

conservation and management of 

Atlantic tunas, swordfish, billfish, and 

shark fisheries, consistent with the 

Magnuson-Stevens Act. 

For this meeting, we anticipate 

discussing: 

• Bluefin tuna management activities 

including the Amendment 13 Final 

Environmental Impact Statement 

• The Marine Recreational Information 

Program HMS Regional 

Implementation Plan 

• Shark depredation 

• Equity and Environmental Justice 


khammond on DSKJM1Z7X2PROD with NOTICES