Notice2024-09458
Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
Primary source
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Published
May 1, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Zhejiang Dingli Machinery Co., Ltd. (Dingli), the sole mandatory respondent in this review and an exporter of certain mobile access equipment and subassemblies thereof (MAE) from the People's Republic of China (China), sold subject merchandise in the United States at prices below normal value (NV) during the period of review April 13, 2022, through March 31, 2023. In addition, Commerce is rescinding this review with respect to Oshkosh JLG (Tianjin) Equipment Technology Co., Ltd. (Oshkosh), Lingong Group Jinan Heavy Machinery Co., Ltd. (Lingong), and Terex (Changzhou) Machinery Co., Ltd. (Terex). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 89 Issue 85 (Wednesday, May 1, 2024)</title>
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[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35067-35069]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09458]
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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 Results and Partial
Rescission of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Zhejiang Dingli Machinery Co., Ltd. (Dingli), the sole
mandatory respondent in this review and an exporter of certain mobile
access equipment and subassemblies thereof (MAE) from the People's
Republic of China (China), sold subject merchandise in the United
States at prices below normal value (NV) during the period of review
April 13, 2022, through March 31, 2023. In addition, Commerce is
rescinding this review with respect to Oshkosh JLG (Tianjin) Equipment
Technology Co., Ltd. (Oshkosh), Lingong Group Jinan Heavy Machinery
Co., Ltd. (Lingong), and Terex (Changzhou) Machinery Co., Ltd. (Terex).
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable May 1, 2024.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
On April 14, 2022, Commerce published in the Federal Register the
antidumping duty order on MAE from China.\1\ On June 12, 2023, based on
timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i),
we initiated this administrative review of the Order with respect to
four companies.\2\ On December 11, 2023, we extended the deadline for
the preliminary results of this review to April 26, 2024.\3\ For a
complete description of the events that occurred since the initiation
of this review, see the Preliminary Decision Memorandum.\4\ 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice.
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\1\ See Certain Mobile Access Equipment and Subassemblies
Thereof from the People's Republic of China: Antidumping Duty Order,
87 FR 22190 (April 14, 2022) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
11, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Mobile Access Equipment and Subassemblies Thereof from the People's
Republic of China; 2022-2023,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Order, 87 FR at 22190.
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The merchandise covered by the Order is MAE from China. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On July
11, 2023, the petitioner \6\ timely withdrew its request for an
administrative review of Oshkosh.\7\ On July 26, 2023, Lingong timely
withdrew its request for an administrative review.\8\ On August 8,
2023, the petitioner timely withdrew its request
[[Page 35068]]
for an administrative review of Terex.\9\ Because there are no
outstanding review requests for these companies, Commerce is rescinding
the administrative review of Oshkosh, Lingong, and Terex, consistent
with 19 CFR 351.213(d)(1).
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\6\ The petitioner is the Coalition of American Manufacturers of
Mobile Access Equipment.
\7\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated July 11, 2023.
\8\ See Lingong's Letter, ``Withdrawal of Request for
Administrative Review,'' dated July 26, 2023.
\9\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated August 8, 2023.
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Separate Rate
Commerce preliminary determines that Dingli is eligible to receive
a separate rate in this administrative review. For additional
information, see the Preliminary Decision Memorandum.
China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\10\ Under this
policy, the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
this review, the China-wide entity is not under review, and the China-
wide entity's rate (i.e., 165.14 percent) is not subject to change.
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.\11\
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\11\ See Preliminary Decision Memorandum.
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Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period April 13, 2022, through March 31,
2023, for the mandatory respondent:
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Weighted-
average
Exporter dumping
margin
(percent)
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Zhejiang Dingli Machinery Co., Ltd.......................... 9.33
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Disclosure and Public Comment
Commerce intends to disclose its calculations performed in these
preliminary results to interested parties within five days after the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\12\ Interested parties who submit case
briefs or rebuttal briefs in this administrative review must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\13\ As provided under 19 CFR 351.309(c)(2) and (d)(2), in
prior proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\14\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue.
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\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in case and rebuttal briefs.
All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\15\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\16\
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\15\ See 19 CFR 351.303.
\16\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
its analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine and
U.S. Customs and Border Protection (CBP) shall assess antidumping
duties on all appropriate entries of subject merchandise covered by
this review.
If an examined respondent's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.50 percent) in the final results
of this review, we intend to calculate an importer-specific assessment
rate for antidumping duties based on the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\17\ If the weighted-average dumping margin for Dingli or
an importer-specific assessment rate is zero or de minimis in the final
results of this review, we intend to instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\18\ The final
results of this administrative review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\19\
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\17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\18\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\19\ See section 751(a)(2)(C) of the Act.
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For the companies for which we are rescinding this administrative
review, antidumping duties shall be assessed at rates equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, during the period of
review, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue assessment instructions to CBP no
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earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on, or after, the publication date of
the final results of review, as provided in section 751(a)(2)(C) of the
Act: (1) for the subject merchandise exported by the company listed
above that has a separate rate, the cash deposit rate will be equal to
the weighted-average dumping margin established in the final results of
this administrative review (except, if the rate is zero or de minimis,
then zero cash deposit will be required); (2) for previously
investigated or reviewed Chinese and non-Chinese exporters of subject
merchandise not listed above that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be that for the China-wide
entity, i.e., 165.14 percent; \20\ and (4) for all non-Chinese
exporters of subject merchandise which have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\20\ See Order, 87 FR at 22191, adjusted for export subsidies as
outlined in 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, 9578
(February 22, 2022).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of this
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: April 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Adjustment Under Section 777A(f) of the Act
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-09458 Filed 4-30-24; 8:45 am]
BILLING CODE 3510-DS-P
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