Horizontal Engines From China Are Outside 'Vertical' Engine Scope, Exporter Argues at CIT

A horizontal lawnmower engine should not have been included under the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc from China in a Commerce Department scope ruling simply because it is used in walk-behind mowers, exporter Zhejiang Amerisun Technology said in a July 7 motion for judgment at the Court of International Trade (Zhejiang Amerisun Technology v. U.S., CIT # 23-00011).

The plain language of the scope covers "only engines with vertical power take off shafts, and thereby excludes engines with a power take off shaft comprising any other orientation," Zhejiang said. "There is no doubt that horizontal shaft engines ... were intended to be outside the scope of the order." The International Trade Commission report included with the petitioner’s scope application noted the scope did not include engines with a horizontal shaft, Zhejiang said.

In its original February complaint, Zhejiang argued that the engine's power mechanism is a "horizontal crankshaft that operates as a horizontal power take off shaft, rather than a vertical one." The scope "clearly and explicitly" applied only to vertical shaft engines and made "no mention of the existence of modified vertical shaft engines...," Zhejiang said (see 2302220031).

Commerce concluded in its ruling that the vertical orientation of the “power take off shaft,” rather than that of the horizontal crankshaft, determined whether the product fell within the scope. Zhejiang argued that Commerce misunderstood the engine's workings and that "the crankshaft is the power take off shaft" and is therefore horizontal.

Commerce made its determination based in part on the end-use of the product, but that use is irrelevant to the scope of the order, Zhejiang said. The scope language covers engines “primarily for walk behind lawnmowers." Zhejiang argued that CIT has found similar language in other orders were used only as examples and were not limiting.