Petition Filed for New AD/CV Duties on Walk-Behind Lawn Mowers
A U.S. manufacturer seeks the imposition of new antidumping duties on walk-behind lawn mowers from China and Vietnam, as well as countervailing duties on walk-behind lawn mowers from China, it said in petitions filed with the Commerce Department and the International Trade Commission May 26. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CV duty orders and the assessment of AD and CV duties on importers.
AD/CV duties sought by the petition, filed by MTD Products, would come on top of 7.5% List 4A Section 301 tariffs imposed on imports of lawn mowers under subheading 8433.11.00. Commerce is also conducting antidumping and countervailing duty investigations on Chinese small vertical shaft engines used in these lawn mowers. Those investigations cover only the engines themselves, however, and not the entire lawn mowers. These new investigations on lawn mowers “also covers other products that do not utilize Chinese small vertical shaft engines such as lawn mowers from Vietnam,” the petition says. The investigations on engines also do not cover “lawn mowers produced in China using engines sourced elsewhere,” such as “Chinese lawn mower producers are utilizing non-Chinese engines,” the petition said.
Proposed Scope
The petition proposes the following scope for the investigations:
The merchandise covered by this investigation consists of certain walk-behind lawn mowers powered by an internal combustion engine, which are rotary-powered grass cutting machines. The scope of the investigation covers certain walk-behind lawn mowers, whether self-propelled or non-self-propelled, whether finished or unfinished, whether assembled or unassembled, whether containing any additional features that provide for functions in addition to mowing.
Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts (kw). These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Product Safety Commission (CPSC) Safety Standard For Walk-Behind Power Lawn Mowers under the 16 CFR Part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR Part 1205 remain subject to the scope of this proceeding.
The internal combustion engines of the lawn mowers covered by this scope typically 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. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR Part 1054 or other parts of subchapter U remain subject to the scope of this proceeding.
For purposes of this investigation, an unfinished and/or unassembled lawn mower means at a minimum, a sub-assembly comprised of the following components: an engine and a cutting deck shell. A cutting deck shell is the portion of the lawn mower -- typically of aluminum or steel -- that houses and protects a user from a rotating blade. Importation of these components together, whether assembled or unassembled, and whether or not accompanied by additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion of any other components not identified as comprising the unfinished lawn mower subassembly in a third-country does not remove the engine from the scope. A lawn mower is within the scope of this investigation regardless of the origin of its engine.
Specifically excluded from the scope of this investigation are electric-powered walk-behind lawn mowers which are lawn mowers primarily powered by an electric motor. Electric-powered walk-behind lawn mowers are typically classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading: 8433.11.0010.
The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to this investigation may also enter under HTSUS 8433.90.10.10, 8433.90.10.90 and 8407.90.1010. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive.
Commerce Accepting Comments on Petition Support
The Commerce Department is accepting comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate antidumping and countervailing duty investigations. Comments are due on or about June 15.
Email ITTNews@warren-news.com for a copy of the petitions.