2017-08824. Tow-Behind Lawn Groomers and Parts Thereof From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2015-2016

AGENCY:

Enforcement and Compliance, Department of Commerce.

SUMMARY:

The Department of Commerce (“the Department”) is rescinding the administrative review of the antidumping duty order on tow-behind lawn groomers and parts thereof from the People's Republic of China (“PRC”) for the period August 1, 2015, through July 31, 2016.

DATES:

Effective May 2, 2017.

FOR FURTHER INFORMATION, CONTACT:

Thomas Martin, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: [phone].

SUPPLEMENTARY INFORMATION:

Background

On October 14, 2016, based on a timely request for review by Jiashan Superpower Tools Co., Ltd (“Superpower”), the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on tow-behind lawn groomers and parts thereof from the PRC with respect to Superpower, covering the period August 1, 2015, through July 31, 2016.^[1] On October 19, 2016, Superpower timely withdrew its request for an administrative review.^[2]

Rescission of Review

Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. In this case, Superpower timely withdrew its review request by the 90-day deadline, and no other party requested an administrative review of the antidumping duty order.^[3] As a result, we are rescinding the administrative review of tow-behind lawn groomers and parts thereof from the PRC for the period August 1, 2015, through July 31, 2016.

Assessment

The Department will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on all appropriate entries. Because the Department is rescinding this administrative review in its entirety, the entries to which this administrative review pertained shall be assessed antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice.

Notifications

This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

This notice also serves as a final reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

Dated: April 25, 2017.

Gary Taverman,

Associated Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Footnotes

1.  See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 71061 (October 14, 2016) (“Initiation Notice”).

2.  See Tow-Behind Lawn Groomers from the People's Republic of China, A-570-939; Withdrawal of Request for Administrative Review, dated October 19, 2016.

3.  The 90-day deadline to withdraw a request for review was January 12, 2017.