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Petitions for the Imposition of Antidumping Duties and Countervailing Duties on Certain Vertical Shaft Engines between 225cc and 999cc, and Parts Thereof From The People’s Republic of China

Case Summary

 I.  Type of Action: Antidumping Duty (“AD”): China; Countervailing Duty (“CVD”): China

II.  Product:

The merchandise covered by this investigation consist of spark-ignited, non-road, vertical shaft engines, whether finished or unfinished, whether assembled or unassembled, designed primarily for use in riding lawn mowers and zero-turn radius lawn mowers. Engines meeting this physical description may also be designed for use in other non-hand-held outdoor power equipment. The subject engines are spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a minimum displacement of 225 cubic centimeters (“cc”) and a maximum displacement of 999cc. Typically, engines with displacements of this size generate gross power of between 6.7 kilowatts (“kw”) to 42 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.

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), connecting rode (s), and oil pan. Importation of these components together, whether assembled or unassembled, and whether or not accompanied by additional components such as a manifold, 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 modules, ignition coils) for synchronizing with the motor 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.

III.  HTS classifications:

Engines are currently classified under the HTSUS subheadings 8407.90.1020, 8407.90.1060, and 8407.90.1080. Unfinished engines are classified under subheadings 8409.91.5085 and 8409.91.9990. Subject imports may also be entered under subheadings 8407.90.9060 and 8407.90.9080.

The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive.

IV.  Date of Filing: January 15, 2020

V.  Petitioners: Coalition of American Vertical Engine Producers, Kohler Co. and Briggs & Stratton Corporation

VI.  Foreign Producers/Exporters:

Please contact our office for a list filed with the petition.

VII.  US Importers named:

Please contact our office for a list filed with the petition.

VIII.  Alleged Dumping Margins (No CVD Margins Listed):

China: 320.41-539.45%;

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: February 5, 2020.

Please contact our office for a complete projected schedule for the AD/CVD investigations.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is March 25, 2020; CVD is February 4, 2020.

C.  Volume and Value of Imports:

Please contact our office for a summary of the data filed with the petition.

D.  List of Alleged Subsidy Programs:

Please contact our office for a list of alleged subsidy programs.

If you have questions regarding how this investigation may impact future imports of scope merchandise or whether a particular product is within the scope of the investigation, please contact one of our attorneys.

Type of Action
HTS Classifications
Date of Filing
Foreign Producers and Exporters
US Named Importers
Alleged Dumping Margins
Additional Notes
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