Notice2022-08014
Certain Mobile Access Equipment 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
April 14, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty (AD) order on certain mobile access equipment and subassemblies thereof (mobile access equipment) from the People's Republic of China (China).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 72 (Thursday, April 14, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Pages 22190-22193]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08014]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-139]
Certain Mobile Access Equipment 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 the U.S. International Trade Commission (ITC),
Commerce is issuing an antidumping duty (AD) order on certain mobile
access equipment and subassemblies thereof (mobile access equipment)
from the People's Republic of China (China).
DATES: Applicable April 14, 2022.
FOR FURTHER INFORMATION CONTACT: 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) 482-2201.
SUPPLEMENTARY INFORMATION:
Background
On February 22, 2022, Commerce published in the Federal Register
its affirmative final determination in the less-than-fair-value (LTFV)
investigation of mobile access equipment from China.\1\ On April 8,
2022, the ITC notified Commerce of its final determination, pursuant to
section 735(d) of the Tariff Act of 1930, as amended (the Act), that an
industry in the United States is threatened with material injury within
the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV
imports of mobile access equipment from China.\2\
---------------------------------------------------------------------------
\1\ See Certain Mobile Access Equipment and Subassemblies
Thereof from the People's Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value, 87 FR 9576 (February
22, 2022) (Final Determination).
\2\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated April 8, 2022.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are mobile access equipment from
China. For a complete description of the scope of this order, see the
appendix to this notice.
Antidumping Duty Order
On April 8, 2022, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determination in this investigation,
in which it found that an industry in the United States is threatened
with material injury by reason of imports of mobile access equipment
from China.\3\ Therefore, in accordance with section 735(c)(2) of the
Act, Commerce is issuing this AD order. Because the ITC determined that
imports of mobile access equipment from China are threatening material
injury to 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.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instructions by Commerce, antidumping
[[Page 22191]]
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 mobile access equipment from
China.
Because the ITC's final determination is based on the threat of
material injury, other than threat of material injury described in
section 736(b)(1) of the Act, duties shall be assessed on subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the ITC's notice of final
determination, pursuant to section 736(b)(2) of the Act. In addition,
section 736(b)(2) of the Act requires CBP to release any bond or other
security, and refund any cash deposit made of estimated antidumping
duties posted since Commerce's preliminary antidumping duty
determination.
Accordingly, Commerce will direct CBP to terminate the suspension
of liquidation of entries of mobile access equipment from China
entered, or withdrawn from warehouse, for consumption prior to the
publication of the ITC final determination in the Federal Register.
Commerce will also instruct CBP to refund any cash deposits made with
respect to entries of mobile access equipment from China entered, or
withdrawn from warehouse, for consumption on or after September 30,
2021, the date of publication of the Preliminary Determination in the
Federal Register.\4\
---------------------------------------------------------------------------
\4\ See 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, 86 FR
54164 (September 30, 2021) (Preliminary Determination). However, we
note that the extended provisional measures period expired on March
28, 2022, as such, effective March 29, 2022, we discontinued
suspension of liquidation in accordance with section 733(d) of the
Act.
---------------------------------------------------------------------------
Suspension of Liquidation
Commerce will instruct CBP to reinstitute the suspension of
liquidation of mobile access equipment from China, effective the date
of publication of the ITC's final determination in the Federal
Register, and to assess, upon further instruction by Commerce, pursuant
to section 736(a)(1) of the Act, antidumping duties for each entry of
the subject merchandise equal to the amount by which the normal value
of the merchandise exceeds the export price (or constructed export
price) of the merchandise. These instructions suspending liquidation
will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the amount as indicated in the tables below. Accordingly,
effective on the date of publication in the Federal Register of the
notice of the ITC's final affirmative injury determination, CBP will
require, at the same time as importers would normally deposit estimated
duties on subject merchandise, a cash deposit equal to the rates listed
below.\5\ The rate for the China-wide entity applies to all exporters
not specifically listed. For the purpose of determining cash deposit
rates, the estimated weighted-average dumping margins for imports of
subject merchandise from China have been adjusted, as appropriate, for
export-contingent subsidies calculated based on the final determination
of the companion countervailing duty investigation of mobile access
equipment from China.\6\
---------------------------------------------------------------------------
\5\ See section 736(a)(3) of the Act.
\6\ See Final Determination, 87 FR at 9576; see also See Certain
Mobile Access Equipment and Subassemblies Thereof from the People's
Republic of China: Countervailing Duty Order and Amended Final
Affirmative Countervailing Duty Determination, 86 FR 70439 (December
10, 2021).
---------------------------------------------------------------------------
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter Producer average for subsidy
dumping margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Lingong Group Jinan Heavy Machinery Co., Ltd. Lingong Group Jinan Heavy 165.30 165.10
Machinery Co., Ltd.
Zhejiang Dingli Machinery Co., Ltd........... Zhejiang Dingli Machinery Co., 31.70 31.54
Ltd.
----------------------------------------------------------------------------------------------------------------
Separate Rate Applicable to the Following Non-Selected Companies
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
Producer supplying the non- weighted- rate (adjusted
Non-selected exporter receiving a separate selected exporter receiving a average for subsidy
rate separate rate dumping margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Hunan Sinoboom Intelligent Equipment Co., Ltd. Hunan Sinoboom Intelligent 51.83 51.66
Equipment Co., Ltd.
Mantall Heavy Industry Co., Ltd............... Mantall Heavy Industry Co., Ltd. 51.83 51.66
Noblelift Intelligent Equipment Co., Ltd...... Noblelift Intelligent Equipment 51.83 51.66
Co., Ltd.
Oshkosh JLG (Tianjin) Equipment Technology Noblelift Intelligent Equipment 51.83 51.66
Co., Ltd. Co., Ltd.
Sany Marine Heavy Industry Co., Ltd........... Sany Marine Heavy Industry Co., 51.83 51.66
Ltd.
Terex (Changzhou) Machinery Co., Ltd.......... Terex (Changzhou) Machinery Co, 51.83 51.66
Ltd.
Xuzhou Construction Machinery Group Imp. & Xuzhou Construction Machinery 51.83 51.66
Exp. Co., Ltd. Group Fire-Fighting Safety
Equipment Co., Ltd.
China-Wide Entity............................. ................................ 165.30 165.14
----------------------------------------------------------------------------------------------------------------
[[Page 22192]]
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\7\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\8\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\9\
---------------------------------------------------------------------------
\7\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\8\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\9\ Id.
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
order. Each annual inquiry service list will be saved in ACCESS, under
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \10\
---------------------------------------------------------------------------
\10\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
---------------------------------------------------------------------------
Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the opportunity notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioner and the Government of China
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \11\ Accordingly, as stated
above, the petitioner and the Government of China should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the Government of China will not need
to resubmit their entry of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioner
and the Government of China are responsible for making amendments to
their entry of appearance during the annual update to the annual
inquiry service list in accordance with the procedures described above.
---------------------------------------------------------------------------
\11\ See Final Rule, 86 FR 52335.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the AD order with respect to mobile access
equipment 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="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
This AD order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: April 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order 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 order 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 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/or (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 order.
[[Page 22193]]
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 order 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
order is dispositive.
[FR Doc. 2022-08014 Filed 4-13-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.