Petition Summary: Certain Vertical Shaft Engines Between 99cc And 225cc, And Parts Thereof From The People’s Republic Of China

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On March 18, 2020, Petitioner Briggs & Stratton Corporation filed a petition for the imposition of antidumping and countervailing duties on imports of vertical shaft engines between 99cc and 225cc, and parts thereof from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The petitioner proposed the following scope for these investigations:

The merchandise covered by this investigation consist 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, single cylinder, 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 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 non-road 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 this investigation, an unfinished engine covers at a minimum a sub-assembly comprised of, but not limited to, the following components: crankcase, crankshaft, camshaft, pistons(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 this investigation. 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.

The engines subject to this investigation 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 under investigation is dispositive.

PETITIONER

Briggs & Stratton Corporation

3300 N 124th St.,

Wauwatosa, WI, 53222

(414) 259-5333

Contact Name and Title: John Booher, Senior Counsel – Regulatory,

Compliance & Governmental Affairs

Contact Email: booher.john@basco.com

Website: https://www.briggsandstratton.com/

COUNSEL FOR PETITIONERS

Stephen J. Orava

King and Spalding LLP

1700 Pennsylvania Avenue, NW

Washington, DC 20006

(202)-737-0500

NAMED PRODUCERS/EXPORTERS

For a list of foreign products/exporters alleged by Petitioner, please see Attachment I .

NAMED IMPORTERS

For a list of importers alleged by Petitioner, please see Attachment II .

ESTIMATED SCHEDULE

Event Earliest Date
Petition Filed March 18, 2020
DOC Initiation April 7, 2020
   
ITC Preliminary Investigation:  
Questionnaires Due April 1, 2020
Request to appear at hearing April 6, 2020
Hearing April 8, 2020
Briefs April 13, 2020
ITC Vote May 4, 2020
   
DOC Preliminary Antidumping Determination August 25, 2020
DOC Preliminary Countervailing Determination June 11, 2020
DOC Final Antidumping Determination November 9, 2020
DOC Final Countervailing Determination August 25, 2020
ITC Final AD Determination December 23, 2020
ITC Final CVD Determination October 9, 2020

ALLEGED DUMPING MARGIN

People’s Republic of China: 466.01%-548.74%

ALLEGED SUBSIDIES

The list of the alleged countervailing duty programs is not currently available. However, Husch Blackwell will continue to monitor and will update this summary when the information becomes available.

IMPORTS OF SUBJECT MERCHANDISE

  2017 2018 2019
China      
Quantity(Engines) 504,294 957,6177 650,626
Value ($) 37,212,888 64,796,662 43,796,013
AUV ($/Quantity) 73.79 67.66 67.31

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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