On May 26, 2020, MTD Products, Inc. (“Petitioner”), filed a petition for the imposition of antidumping duties on certain walk-behind lawn mowers from the People’s Republic of China and Vietnam. In addition, the petition alleges that imports of walk-behind lawn mowers from China are unfairly subsidized and requests the imposition of countervailing duties.
SCOPE OF THE INVESTIGATION
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 Products 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 84184.108.40.206, 84220.127.116.11 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.
MTD Products, Inc.
5903 Grafton Road
Valley City, OH 44280
COUNSEL FOR PETITIONERS
Alexander H. Schaefer
Crowell & Moring, LLP
1001 Pennsylvania Ave, N.W.
Washington, D.C. 20004
For a list of foreign products/exporters alleged by Petitioner, please see Attachment I .
For a list of importers alleged by Petitioner, please see Attachment II .
|Petition Filed||May 26, 2020|
|DOC Initiation||June 15, 2020|
|ITC Preliminary Investigation:|
|Questionnaires Due||June 9, 2020|
|Request to appear at hearing||June 15, 2020|
|Hearing||June 17, 2020|
|Briefs||June 22, 2020|
|ITC Vote||July 13, 2020|
|DOC Investigation Schedule:|
|DOC Preliminary Antidumping Determination||November 2, 2020|
|DOC Preliminary Countervailing Determination||August 19, 2020|
|DOC Final Antidumping Determination||January 18, 2021|
|DOC Final Countervailing Determination||November 2, 2020|
|ITC Final AD Determination||March 2, 2021|
|ITC Final CVD Determination||December 17, 2020|
ALLEGED DUMPING MARGINS
China: 245.47% – 313.58%
Vietnam: 285.10% – 416.00%
For a list of alleged countervailing duty programs, please see Attachment III .
IMPORTS OF SUBJECT MERCHANDISE
|2017||2018||2019||Q1 2019||Q1 2020|