Notice2024-26025
Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2022-2023
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
November 8, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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.
Full Text
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<title>Federal Register, Volume 89 Issue 217 (Friday, November 8, 2024)</title>
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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88730-88731]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26025]
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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: Final Results 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) 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.
DATES: Applicable November 8, 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 May 1, 2024, Commerce published the Preliminary Results.\1\ On
July 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ On July 31, 2024, in accordance with
section 751(a)(3)(A) of the Act, Commerce extended the deadline for
these final results until November 4, 2024.\3\ For events subsequent to
the Preliminary Results, see the Issues and Decision Memorandum.\4\
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\1\ See 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, 89 FR 35067 (May 1, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2022-2023,'' dated July 31,
2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ 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).
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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 Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in an appendix to this
notice. The Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from the
interested parties, we made changes to the Preliminary Results margin
calculation for Dingli,\6\ the sole company under review, which
resulted in changes to its preliminary margin.
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\6\ See Memorandum, ``Final Analysis Memorandum,'' dated
concurrently with this notice (Final Analysis Memorandum).
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Separate Rate
Commerce determines that Dingli is eligible to receive a separate
rate in this administrative review.\7\ There are no other companies
under review.
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\7\ See Preliminary Results PDM at 14-16 for more details.
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China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\8\ 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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\8\ 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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Final Results of Review
We 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......................... 12.39
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Disclosure
We intend to disclose the calculations performed for these final
results to interested parties within five days after the publication of
this notice.\9\
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\9\ See 19 CFR 351.224(b).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with these
final results of review.
Because Dingli's ad valorem weighted-average final dumping margin
is not zero or de minimis (i.e., less than 0.50 percent), we have
calculated importer-specific assessment rates for this respondent, in
accordance with 19 CFR 351.212(b)(1).\10\
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\10\ 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).
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[[Page 88731]]
For sales for which Dingli reported entered value, we have
calculated importer-specific ad valorem assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1). For sales for which Dingli did not report
entered value, we have calculated importer-specific per-unit duty
assessment rates based on the ratio of the total amount of antidumping
duties calculated for the examined sales to the total quantity of those
sales. To determine whether an importer-specific, per-unit assessment
rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also
calculated an importer-specific ad valorem ratio based on estimated
entered values.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results. 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; \11\ 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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\11\ 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 Regarding the Reimbursement of Duties
This notice also serves as a final 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 has occurred and the subsequent assessment of double antidumping
duties, and/or increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2).
Dated: November 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: T[uuml]rkiye as the Primary Surrogate Country
Comment 2: Turkish Financial Statements
Comment 3: Bulgaria as the Primary Surrogate Country
Comment 4: Valuation of Complex Fabricated Steel Components
Comment 5: Valuation of Minor Fabricated Steel Parts
Comment 6: Valuation of Ocean Freight
Comment 7: Exclusion of Russian Imports from Average Unit Values
(AUVs)
Comment 8: Valuation of Marine Insurance
Comment 9: Differential Pricing and Cohen's d Test
Comment 10: Section 301 Duties
Comment 11: Turkish vs. Bulgarian Harmonized System (HS)
Selection for Certain Inputs
Comment 12: Appropriate Turkish HS Selection for Certain Inputs
VI. Recommendation
[FR Doc. 2024-26025 Filed 11-7-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 8, 2024.
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