Tow-Behind Lawn Groomers and Certain Parts Thereof From the People's Republic of China: Continuation of Antidumping Duty Order

Citation85 FR 46586
Record Number2020-16692
Published date03 August 2020
SectionNotices
CourtInternational Trade Administration
Federal Register, Volume 85 Issue 149 (Monday, August 3, 2020)
[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
                [Notices]
                [Pages 46586-46587]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-16692]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [A-570-939]
                Tow-Behind Lawn Groomers and Certain Parts Thereof From the
                People's Republic of China: Continuation of Antidumping Duty Order
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                SUMMARY: As a result of the determinations by the Department of
                Commerce (Commerce) and the International Trade Commission (ITC) that
                revocation of the antidumping duty (AD) order on tow-behind lawn
                groomers and certain parts thereof (TBLGs) from the People's Republic
                of China (China) would likely lead to a continuation or recurrence of
                dumping and material injury to an industry in the United States,
                Commerce is publishing a notice of continuation of the AD order.
                DATES: Applicable August 3, 2020.
                FOR FURTHER INFORMATION CONTACT: Dakota Potts, AD/CVD Operations,
                Office IV, Enforcement and Compliance, International Trade
                Administration, U.S. Department of Commerce, 1401 Constitution Avenue
                NW, Washington, DC 20230; telephone: (202) 482-0223.
                SUPPLEMENTARY INFORMATION:
                Background
                 On August 3, 2009, Commerce published the AD Order on TBLGs from
                China.\1\ On January 2, 2020, the ITC instituted its review of the
                Order.\2\ Also on January 2, 2020, Commerce published the initiation of
                the second sunset review of the Order, pursuant to section 751(c) of
                the Tariff Act of 1930, as amended (the Act).\3\ Commerce received
                timely intent to participate in this review from Agri-Fab, Inc. (Agri-
                Fab), a domestic interested party, within the deadline specified in 19
                CFR 351.218(d)(1)(i).\4\ On January 31, 2020, Commerce received a
                complete and adequate substantive response from Agri-Fab within the 30-
                day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce received
                no substantive responses from respondent interested parties. Pursuant
                to section 751(c)(3)(B) of the Act, Commerce conducted an expedited
                (120-day) sunset review of the Order.\6\ On May 10, 2019, the ITC
                published its notice to conduct an expedited five-year review of the
                Order.\7\
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                 \1\ See Antidumping Duty Order: Certain Tow Behind Lawn Groomers
                and Certain Parts Thereof from the People's Republic of China, 74 FR
                38395 (August 3, 2009) (Order).
                 \2\ See Certain Tow-Behind Lawn Groomers and Parts Thereof from
                China Institution of a Five-Year Review, 85 FR 117 (January 2,
                2020).
                 \3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67
                (January 2, 2020).
                 \4\ See Agri-Fab's Letter, ``Second Five-Year (`Sunset') Review
                of Antidumping Duty Order on Certain Tow-Behind Lawn Groomers and
                Certain Parts Thereof from The People's Republic of China; Notice of
                Intent to Participate,'' dated January 16, 2020.
                 \5\ See Agri-Fab's Letter, ``Second Five-Year (`Sunset') Review
                of Antidumping Duty Order on Certain Tow-Behind Lawn Groomers and
                Certain Parts Thereof from The People's Republic of China; Agri-
                Fab's Response to Notice of Initiation,'' dated January 31, 2020.
                 \6\ See Tow-Behind Lawn Groomers and Certain Parts Thereof from
                the People's Republic of China: Final Results of the Expedited
                Second Sunset Review of the Antidumping Duty Order, 85 FR 26928 (May
                6, 2020), and accompanying Issues and Decision Memorandum (Issues
                and Decision Memorandum).
                 \7\ See Tow-Behind Lawn Groomers from China; Scheduling of an
                Expedited Five-Year Review, 85 FR 34464 (June 44, 2020).
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                As a result of its review, Commerce determined, pursuant to section
                751(c)(1) of the Act, that revocation of the Order on TBLGs from China
                would likely lead to continuation or recurrence of dumping. Commerce
                therefore
                [[Page 46587]]
                notified the ITC of the magnitude of the margin of dumping rates likely
                to prevail should this Order be revoked.\8\
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                 \8\ See Issues and Decision Memorandum.
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                 On July 15, 2020, the ITC published its determination that
                revocation of the Order would likely lead to a continuation or
                recurrence of material injury to an industry in the United States
                within a reasonably foreseeable time, pursuant to section 751(c) of the
                Act.\9\
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                 \9\ See Certain Tow-Behind Lawn Groomers and Parts Thereof From
                China, 85 FR 42919 (July 15, 2020); see also Tow-Behind Lawn
                Groomers from China, Inv. 731-TA-1153 (Review), USITC Publication
                5089 (June 2020).
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                Scope of the Order
                 The merchandise covered by the order is certain non-motorized tow-
                behind lawn groomers, manufactured from any material, and certain parts
                thereof, from China.\10\ The lawn groomers that are the subject of this
                order are currently classifiable in the Harmonized Tariff schedule of
                the United States (``HTSUS'') statistical reporting numbers
                8432.41.0000, 8432.42.0000, 8432.80.0000, 8432.80.0010, 8432.90.0060,
                8432.90.0081, 8479.89.9496, 8479.90.9496, and 9603.50.0000. These HTSUS
                provisions are given for reference and customs purposes only, and the
                description of merchandise is dispositive for determining the scope of
                the product included in this order.
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                 \10\ The full scope of the Order is included in the Issues and
                Decision Memorandum.
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                Continuation of the Order
                 As a result of the determinations by Commerce and the ITC that
                revocation of the Order would likely lead to a continuation or
                recurrence of dumping and material injury to an industry in the United
                States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
                Commerce hereby orders the continuation of this Order on TBLGs from
                China. U.S. Customs and Border Protection will continue to collect AD
                cash deposits at the rates in effect at the time of entry for all
                imports of subject merchandise.
                 The effective date of the continuation of this Order will be the
                date of publication in the Federal Register of this notice of
                continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
                351.218(c)(2), Commerce intends to initiate the next five-year review
                of this Order not later than 30 days prior to the fifth anniversary of
                the effective date of continuation.
                Notification to Interested Parties
                 This five-year sunset review and this notice are in accordance with
                section 751(c) of the Act and published pursuant to section 777(i)(1)
                of the Act and 19 CFR 351.218(f)(4).
                 Dated: July 24, 2020.
                Jeffrey I. Kessler,
                Assistant Secretary for Enforcement and Compliance.
                [FR Doc. 2020-16692 Filed 7-31-20; 8:45 am]
                BILLING CODE 3510-DS-P
                

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