Notice2021-14561
Certain Chassis and Subassemblies Thereof From the People's Republic of China: Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the Department of Commerce (Commerce) and International Trade Commission (ITC), Commerce is issuing its antidumping duty (AD) order on certain chassis and subassemblies thereof (chassis) from the People's Republic of China (China).
Full Text
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<title>Federal Register, Volume 86 Issue 128 (Thursday, July 8, 2021)</title>
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[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36093-36095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14561]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-135]
Certain Chassis and Subassemblies Thereof From the People's
Republic of China: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and International Trade Commission (ITC), Commerce
is issuing its antidumping duty (AD) order on certain chassis and
subassemblies thereof (chassis) from the People's Republic of China
(China).
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Mary Kolberg, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-1785,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2021, Commerce published its affirmative final
determination in the less-than-fair-value (LTFV) investigation of
chassis from China.\1\ On July 1, 2021, the ITC notified Commerce of
its affirmative final determination that, pursuant to sections
735(b)(1)(A)(i) and 735(d) of the Act, an industry in the United States
is materially injured by reason of imports of subject merchandise from
China that are sold in the United States at LTFV.\2\
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\1\ See Certain Chassis and Subassemblies Thereof from the
People's Republic of China: Final Affirmative Determination of Sales
at Less Than Fair Value, 86 FR 26694 (May 17, 2021).
\2\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated July 1, 2021 (ITC Notification Letter)
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Scope of the Order
The products covered by the order are certain chassis and
subassemblies thereof from China. For a full description of the scope
of this order, see the appendix of this notice.
AD Order
On July 1, 2021, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final determination
that an industry in the United States is materially injured by reason
of imports of chassis from China that are sold in the United States at
LTFV.\3\ Therefore, in accordance with section 735(c)(2) of the Act, we
are issuing this AD order. Because the ITC determined that imports of
chassis from China are materially injuring a U.S. industry,
unliquidated entries of such merchandise from China entered, or
withdrawn from warehouse, for consumption are subject to the assessment
of antidumping duties.
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\3\ Id.
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Therefore, in accordance with sections 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Patrol (CBP) to assess,
upon further instruction by Commerce, antidumping duties equal to the
amount by which the normal value of the merchandise exceeds the export
price (or constructed export price) of the merchandise for all relevant
entries of chassis from China. Antidumping duties will be assessed on
unliquidated entries of chassis from China entered, or withdrawn from
warehouse, for consumption on or after March 4, 2021, the date of
publication of the AD Preliminary Determination, but will not include
entries occurring after the expiration of the provisional measures
period and before the publication of the ITC's final injury
[[Page 36094]]
determination under section 735(b) of the Act, as further described in
the ``Provisional Measures'' section of this notice.\4\
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\4\ See Certain Chassis and Subassemblies Thereof from the
People's Republic of China People's Republic of China: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 85 FR
12616 (March 4, 2020) (AD Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce
will instruct CBP to continue to suspend liquidation on all relevant
entries of chassis from China. These instructions suspending
liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the table
below, adjusted by the export subsidy offset.\5\ Accordingly, effective
on the date of publication in the Federal Register of the notice of the
ITC's final affirmative injury determination, CBP must require, at the
same time as importers would deposit estimated normal customs duties on
subject merchandise, a cash deposit equal to the rates listed in the
table below.
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\5\ See Certain Chassis and Subassemblies Thereof from the
People's Republic of China; Final Affirmative Countervailing Duty
Determination, 86 FR 15186 (March 22, 2021), and accompanying Issues
and Decision Memorandum; see also Certain Chassis and Subassemblies
Thereof from the People's Republic of China; Countervailing Duty
Order and Amended Final Affirmative Countervailing Duty
Determination, 86 FR 24844 (May 10, 2021).
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Estimated
weighted-
Estimated average
weighted- dumping
average margin
Producer/exporter dumping adjusted
margin for export
(percent) subsidy
offset(s)
(percent)
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China-Wide Entity............................. 188.05 177.05
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Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the AD Preliminary
Determination in this investigation on March 4, 2021.
The provisional measures period, beginning on the date of
publication of the AD Preliminary Determination, ends on July 1, 2021.
Therefore, in accordance with section 733(d) of the Act and our
practice, Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of chassis from China entered, or withdrawn from
warehouse, for consumption after July 1, 2021, the final day on which
the provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final affirmative injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the AD order with respect to chassis from
China pursuant to section 736(a) of the Act. Interested parties can
find a list of AD orders currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
This order is published in accordance with sections 736(a) of the
Act, and 19 CFR 351.211(b).
Dated: July 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order consists of chassis and
subassemblies thereof, whether finished or unfinished, whether
assembled or unassembled, whether coated or uncoated, regardless of
the number of axles, for carriage of containers, or other payloads
(including self-supporting payloads) for road, marine roll-on/roll-
off (RORO) and/or rail transport. Chassis are typically, but are not
limited to, rectangular framed trailers with a suspension and axle
system, wheels and tires, brakes, a lighting and electrical system,
a coupling for towing behind a truck tractor, and a locking system
or systems to secure the shipping container or containers to the
chassis using twistlocks, slide pins or similar attachment devices
to engage the corner fittings on the container or other payload.
Subject merchandise includes, but is not limited to, the
following subassemblies:
<bullet> Chassis frames, or sections of chassis frames,
including kingpin assemblies, bolsters consisting of transverse
beams with locking or support mechanisms, goosenecks, drop
assemblies, extension mechanisms and/or rear impact guards;
<bullet> Running gear assemblies or axle assemblies for
connection to the chassis frame, whether fixed in nature or capable
of sliding fore and aft or lifting up and lowering down, which may
or may not include suspension(s) (mechanical or pneumatic), wheel
end components, slack adjusters, axles, brake chambers, locking
pins, and tires and wheels;
<bullet> Landing gear assemblies, for connection to the chassis
frame, capable of supporting the chassis when it is not engaged to a
tractor; and
<bullet> Assemblies that connect to the chassis frame or a
section of the chassis frame, such as, but not limited to, pintle
hooks or B-trains (which include a fifth wheel), which are capable
of connecting a chassis to a converter dolly or another chassis.
Importation of any of these subassemblies, whether assembled or
unassembled, constitutes an unfinished chassis for purposes of this
order.
Subject merchandise also includes chassis, whether finished or
unfinished, entered with or for further assembly with components
such as, but not limited to: Hub and drum assemblies, brake
assemblies (either drum or disc), axles, brake chambers, suspensions
and suspension components, wheel end components, landing gear legs,
spoke or disc wheels, tires, brake control systems, electrical
harnesses and lighting systems.
Processing of finished and unfinished chassis and components
such as trimming, cutting, grinding, notching, punching, drilling,
painting, coating, staining, finishing, assembly, or any other
processing either in the country of manufacture of the in-scope
product or in a third country does not remove the product from the
scope. Inclusion of other components not identified as comprising
the finished or unfinished chassis does not remove the product from
the scope.
Individual components entered and sold by themselves are not
subject to the order, but components entered with or for further
assembly with a finished or unfinished chassis are subject
merchandise. A finished chassis is ultimately comprised of several
different types of subassemblies. Within each subassembly there are
numerous components that comprise a given subassembly.
This scope excludes dry van trailers, refrigerated van trailers
and flatbed trailers. Dry van trailers are trailers with a wholly
enclosed cargo space comprised of fixed sides, nose, floor and roof,
with articulated panels (doors) across the rear and occasionally at
selected places on the sides, with the cargo space being permanently
incorporated in the trailer itself. Refrigerated van trailers are
trailers with a wholly enclosed cargo space comprised of fixed
sides, nose, floor and roof, with articulated panels (doors) across
the rear and occasionally at selected places on the sides, with the
cargo space being permanently incorporated in the trailer and being
insulated, possessing specific thermal properties intended for use
with self-contained refrigeration systems. Flatbed (or platform)
trailers consist of load-carrying main frames and a solid, flat or
stepped loading deck or floor permanently incorporated with and
supported by frame rails and cross members.
The finished and unfinished chassis subject to this order are
typically classified in the Harmonized Tariff Schedule of the United
States (HTSUS) at subheadings: 8716.39.0090 and 8716.90.5060.
Imports of
[[Page 36095]]
finished and unfinished chassis may also enter under HTSUS
subheading 8716.90.5010. While the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise under order is dispositive.
[FR Doc. 2021-14561 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 8, 2021.
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