Notice2021-21257
Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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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
September 30, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that certain mobile access equipment and subassemblies thereof (mobile access equipment) from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54164-54167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21257]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-139]
Certain Mobile Access Equipment and Subassemblies Thereof From
the People's Republic of China: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain mobile access equipment and subassemblies thereof (mobile
access equipment) from the People's Republic of China (China) are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is July 1, 2020,
through December 31, 2020. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable September 30, 2021.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Andre Gziryan, 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)
482-2201, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on March 25,
2021.\1\ On July 1, 2021, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
September 24, 2021.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
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\1\ See Certain Mobile Access Equipment and Subassemblies
Thereof from the People's Republic of China: Initiation of Less-
Than-Fair-Value Investigation, 86 FR at 15922 (March 25, 2021)
(Initiation Notice).
\2\ See Mobile Access Equipment and Subassemblies Thereof from
the People's Republic of China: Postponement of Preliminary
Determination in the Less-Than-FairValue Investigation, 86 FR 35059
(July 1, 2021).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of Sales in the Less Than Fair Value Investigation of
Certain Mobile Access Equipment and Subassemblies Thereof from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are mobile access
equipment from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties provided comments on the scope of the investigation, as it
appeared in the Initiation Notice. For a summary of all scope related
comments submitted to the record for this investigation, and
accompanying discussion and analysis of all comments timely received,
see the Preliminary Scope Decision Memorandum.\6\ As discussed in the
Preliminary Scope Decision
[[Page 54165]]
Memorandum, Commerce is not modifying the scope language as it appeared
in the Initiation Notice. See the complete description of the scope in
Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Certain Mobile Access Equipment and
Subassemblies Thereof from the People's Republic of China: Scope
Comments Decision Memorandum for the Preliminary Determination,''
dated July 26, 2021 (Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices in accordance
with section 772(a) of the Act and constructed export prices in
accordance with section 772(b) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce calculated normal value in accordance with section 773(c) of
the Act.
In addition, pursuant to sections 776(a) and (b) of the Act,
Commerce preliminarily relied upon facts otherwise available, with
adverse inferences, for the China-wide Entity. For a full description
of the methodology underlying Commerce's preliminary determination, see
the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\7\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\ In this investigation, we calculated
producer/exporter combination rates for respondents eligible for
separate rates.
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\7\ See Initiation Notice, 65 FR at 15926.
\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="http://enforcement.trade.gov/policy/bull05-1.pdf">http://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated Cash deposit
weighted- rate
average (adjusted for
Exporter Producer dumping subsidy
margin offsets)
(percent) (percent)
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Lingong Group Jinan Heavy Machinery Co., Lingong Group Jinan Heavy Machinery 275.06 274.86
Ltd. Co., Ltd.
Zhejiang Dingli Machinery Co., Ltd......... Zhejiang Dingli Machinery Co., Ltd. 17.78 7.07
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Separate Rate Applicable to the Following Non-Selected Companies
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Estimated Cash deposit
weighted- rate (adjusted
Non-selected exporter receiving a separate Producer supplying the non-selected average for subsidy
rate exporter receiving a separate rate dumping margin offsets)
(percent) (percent)
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Hunan Sinoboom Intelligent Equipment Co., Hunan Sinoboom Intelligent 56.55 47.42
Ltd. Equipment Co., Ltd.
Mantall Heavy Industry Co., Ltd............ Mantall Heavy Industry Co., Ltd.... 56.55 47.42
Noblelift Intelligent Equipment Co., Ltd... Noblelift Intelligent Equipment 56.55 47.42
Co., Ltd.
Oshkosh JLG (Tianjin) Equipment Technology Noblelift Intelligent Equipment 56.55 47.42
Co., Ltd. Co., Ltd.
Sany Marine Heavy Industry Co., Ltd........ Sany Marine Heavy Industry Co., Ltd 56.55 47.42
Terex (Changzhou) Machinery Co., Ltd....... Terex (Changzhou) Machinery Co, Ltd 56.55 47.42
Xuzhou Construction Machinery Group Imp. & Xuzhou Construction Machinery Group 56.55 47.42
Exp. Co., Ltd. Fire-Fighting Safety Equipment
Co., Ltd.
China-Wide Entity.......................... ................................... 275.06 274.86
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise, as described in the scope of the investigation
in Appendix I, entered, or withdrawn from warehouse, for consumption on
or after the date of publication of this notice in the Federal
Register, as discussed below. Further, pursuant to section 733(d)(1)(B)
of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require
a cash deposit equal to the weighted average amount by which normal
value exceeds U.S. price, as indicated in the chart above, as follows:
(1) For the producer/exporter combinations listed in the table above,
the cash deposit rate is equal to the estimated weighted-average
dumping margin listed for that combination in the table; (2) for all
combinations of Chinese producers/exporters of subject merchandise that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
county exporters of subject merchandise not listed in the table above,
the cash deposit rate is the cash deposit rate applicable to the
Chinese producer/exporter combination (or China-wide entity) that
supplied that third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the Preliminary Determination section's chart of
estimated weighted-average dumping margins above.
Should the provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation,
[[Page 54166]]
Commerce will direct CBP to begin collecting cash deposits at a rate
equal to the estimated weighted-average dumping margins calculated in
this preliminary determination unadjusted for the passed-through
domestic subsidies or for export subsidies at the time the CVD
provisional measures expire. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Commerce will
notify interested parties of the timeline for the submission of case
briefs and written comments at a later date. Rebuttal briefs, limited
to issues raised in case briefs, may be submitted no later than seven
days after the deadline date for case briefs.\9\ Note that Commerce has
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\10\ Pursuant to
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On September 8 and 13, 2021, respectively, pursuant to 19 CFR
351.210(e), Zhejiang Dingli Machinery Co., Ltd. (Dingli) and Lingong
Group Jinan Heavy Machinery Co., Ltd. (LGMG) requested that Commerce
postpone the final determination and that provisional measures be
extended to a period not to exceed six months.\11\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because
(1) the preliminary determination is affirmative; (2) the requesting
exporters account for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.
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\11\ See Dingli's Letter, ``Dingli Request to Postpone Final
Determination in the Antidumping Duty Investigation of Certain
Mobile Access Equipment and Subassemblies Thereof from the People
Republic of China: (A-570-139),'' dated September 8, 2021; see also
LGMG's Letter, ``Certain Mobile Access Equipment and Subassemblies
Thereof from China; AD Investigation; Request for Postponement of
Final Determination and Extension of Provisional Measures Period,''
dated September 13, 2021.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether these imports of the subject merchandise are
materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: September 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation consists of
certain mobile access equipment, which consists primarily of boom
lifts, scissor lifts, and material telehandlers, and subassemblies
thereof. Mobile access equipment combines a mobile (self-propelled
or towed) chassis, with a lifting device (e.g., scissor arms, boom
assemblies) for mechanically lifting persons, tools and/or materials
capable of reaching a working height of ten feet or more, and a
coupler that provides an attachment point for the lifting device, in
addition to other components. The scope of this investigation covers
mobile access equipment and subassemblies thereof whether finished
or unfinished, whether assembled or unassembled, and whether the
equipment contains any additional features that provide for
functions beyond the primary lifting function.
Subject merchandise includes, but is not limited to, the
following subassemblies:
<bullet> Scissor arm assemblies, or scissor arm sections, for
connection to chassis and platform assemblies. These assemblies
include: (1) Pin assemblies that connect sections to form scissor
arm assemblies, and (2) actuators that power the arm assemblies to
extend and retract. These assemblies may
[[Page 54167]]
or may not also include blocks that allow sliding of end sections in
relation to frame and platform, hydraulic hoses, electrical cables,
and/or other components;
<bullet> boom assemblies, or boom sections, for connection to
the boom turntable, or to the chassis assembly, or to a platform
assembly or to a lifting device. Boom assemblies include telescoping
sections where the smallest section (or tube) can be nested in the
next larger section (or tube) and can slide out for extension and/or
articulated sections joined by pins. These assemblies may or may not
include pins, hydraulic cylinders, hydraulic hoses, electrical
cables, and/or other components;
<bullet> chassis assemblies, for connection to scissor arm
assemblies, or to boom assemblies, or to boom turntable assemblies.
Chassis assemblies include: (1) Chassis frames, and (2) frame
sections. Chassis assemblies may or may not include axles, wheel end
components, steering cylinders, engine assembly, transmission, drive
shafts, tires and wheels, crawler tracks and wheels, fuel tank,
hydraulic oil tanks, battery assemblies, and/or other components;
<bullet> boom turntable assemblies, for connection to chassis
assemblies, or to boom assemblies. Boom turntable assemblies include
turntable frames. Boom turntable assemblies may or may not include
engine assembly, slewing rings, fuel tank, hydraulic oil tank,
battery assemblies, counterweights, hoods (enclosures), and/or other
components.
Importation of any of these subassemblies, whether assembled or
unassembled, constitutes unfinished mobile access equipment for
purposes of this investigation.
Processing of finished and unfinished mobile access equipment
and subassemblies such as trimming, cutting, grinding, notching,
punching, slitting, drilling, welding, joining, bolting, bending,
beveling, riveting, minor fabrication, galvanizing, painting,
coating, 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
mobile access equipment does not remove the product from the scope.
The scope excludes forklifts, vertical mast lifts, mobile self-
propelled cranes and motor vehicles that incorporate a scissor arm
assembly or boom assembly. Forklifts are material handling vehicles
with a working attachment, usually a fork, lifted along a vertical
guide rail with the operator seated or standing on the chassis
behind the vertical mast. Vertical mast lifts are person and
material lifting vehicles with a working attachment, usually a
platform, lifted along a vertical guide rail with an operator
standing on the platform. Mobile self-propelled cranes are material
handling vehicles with a boom attachment for lifting loads of tools
or materials that are suspended on ropes, cables, and/or chains, and
which contain winches mounted on or near the base of the boom with
ropes, cables, and/or chains managed along the boom structure. The
scope also excludes motor vehicles (defined as a vehicle driven or
drawn by mechanical power and manufactured primarily for use on
public streets, roads, and highways, but does not include a vehicle
operated only on a rail line pursuant to 49 U.S.C. 30102(a)(7)) that
incorporate a scissor arm assembly or boom assembly. The scope
further excludes vehicles driven or drawn by mechanical power
operated only on a rail line that incorporate a scissor arm assembly
or boom assembly. The scope also excludes (1) rail line vehicles,
defined as vehicles with hi-rail gear or track wheels, and a fixed
(non-telescopic) main boom, which perform operations on rail lines,
such as laying rails, setting ties, or other rail maintenance jobs;
and (2) certain rail line vehicle subassemblies, defined as chassis
subassemblies and boom turntable subassemblies for rail line
vehicles with a fixed (non-telescopic) main boom.
Certain mobile access equipment subject to this investigation is
typically classifiable under subheadings 8427.10.8020, 8427.10.8030,
8427.10.8070, 8427.10.8095, 8427.20.8020, 8427.20.8090, 8427.90.0020
and 8427.90.0090 of the Harmonized Tariff Schedule of the United
States (HTSUS). Parts of certain mobile access equipment are
typically classifiable under subheading 8431.20.0000 of the HTSUS.
While the HTSUS subheadings are provided for convenience and customs
purposes only, the written description of the merchandise under
investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
VI. Adjustment Under Section 777(A)(F) of the Act
VII. Adjustment to Cash Deposit Rate for Export Subsidies
VIII. Recommendation
[FR Doc. 2021-21257 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P
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