© [2019], Sandler, Travis & Rosenberg, P.A. Originally published in the [01/15/2020] issue of the Sandler, Travis & Rosenberg Trade Report. Reprinted by permission.

A petition filed Jan. 15 alleges that vertical shaft engines from China are being sold at less than fair value in the U.S. market and that such items from China are benefitting from countervailable subsidies. The alleged average dumping margins range from 320.41 to 539.45 percent.

The items subject to this petition are spark-ignited, non-road, vertical shaft engines, whether finished or unfinished, whether assembled or unassembled. They are designed primarily for use in riding lawn mowers and zero-turn radius lawn mowers but 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 and a maximum displacement of 999 cc.

The subject engines are typically classified under HTSUS subheadings 8407.90.1020, 8407.90.1060, and 8407.90.1080 and may also enter under HTSUS 8407.90.9060 and 8407.90.9080. Subject engine subassemblies enter under HTSUS 8409.91.5085 and 8409.91.9990.

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and/or CV duty and injury investigations, respectively, on these products. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.