Notice2025-02467
Low Speed Personal Transportation Vehicles (LSPTVs) From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
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
February 11, 2025
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-731 and 731-TA-1700 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of low speed personal transportation vehicles (LSPTVs) from China, provided for in subheadings 8703.10.50, 8703.90.01, 8706.00.15, and 8707.10.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value.
Full Text
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<title>Federal Register, Volume 90 Issue 27 (Tuesday, February 11, 2025)</title>
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[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9345-9347]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02467]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-731 and 731-TA-1700 (Final)]
Low Speed Personal Transportation Vehicles (LSPTVs) From China;
Scheduling of the Final Phase of Countervailing Duty and Antidumping
Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-731 and 731-TA-1700 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of low speed personal transportation
vehicles (LSPTVs) from China, provided for in subheadings 8703.10.50,
8703.90.01, 8706.00.15, and 8707.10.00 of the Harmonized Tariff
Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: January 30, 2025.
FOR FURTHER INFORMATION CONTACT: Nitin Joshi ((202) 708-1669), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
[[Page 9346]]
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``certain low speed personal transportation
vehicles (LSPTVs) and subassemblies thereof, whether finished or
unfinished and whether assembled or unassembled, with or without tires,
wheels, seats, steering columns and steering wheels, canopies, roofs,
or batteries. LSPTVs meeting this description are open-air vehicles,
i.e., may have a permanent roof, may have a permanent windshield, and
may be covered with temporary sides, with a minimum of four wheels, a
steering wheel, a traditional side-by-side or in-line row seating
arrangement (i.e., non-straddle), foot operated accelerator and brake
pedals, and a gross vehicle weight of no greater than 5,500 pounds.
The main power source for subject LSPTVs is either an electric
motor and battery (including but not limited to lithium-ion batteries,
lithium phosphate batteries, lead acid batteries, and absorbed glass
mat batteries) or a gas-powered internal combustion engine. Subject
LSPTVs may be described as golf carts, golf cars, low speed vehicles,
personal transportation vehicles, or light utility vehicles.
LSPTVs subject to these investigations should have a maximum top
nameplate speed of no greater than 25 miles per hour as required by
federal, state, and local laws and regulations. Subject LSPTVs with a
maximum top nameplate speed greater than 20 miles per hour normally
must comply with the U.S. Department of Transportation's Federal Motor
Vehicle Safety Standards for Low-Speed Vehicles set forth in 49 CFR
571.500. LSPTVs that otherwise meet the physical description of this
scope but are not certified under 49 CFR 571.500 and are not certified
under other sections of subpart B of the Federal Motor Vehicle Safety
Standards (49 CFR part 571), are not excluded from these
investigations. LSPTVs that are certified under both 49 CFR 571.500 and
other sections of subpart B of the Federal Motor Vehicle Safety
Standards remain subject to the scope of these investigations. Subject
LSPTVs that have a maximum top nameplate speed of less than 25 miles
per hour may be certified to the SAE International (SAE) standards SAE
J2258 and SAE J2358. LSPTVs that have a maximum top nameplate speed of
less than 20 miles per hour may also be certified to the Outdoor Power
Equipment Institute (OPEI) standards OPEI Z130.1 and OPEI Z135.
An unfinished and/or unassembled LSPTV subject to these
investigations covers at a minimum a subassembly, also known as a
``rolling chassis,'' which is typically comprised of, but not limited
to, a frame or body with front and/or rear suspension components (such
as arms, springs, axles, spindles, and shafts) installed and powertrain
components (including either an electric motor or a gas-powered
internal combustion engine) installed or ready for installation.
When imported together with a rolling chassis subject to these
investigations, other LSPTV components, such as batteries, bumpers,
wheel and tire assemblies, cowlings, fenders, grills, kick plates,
steering column and steering wheel assemblies, dash assembly, seat
assemblies, pedal assemblies, brake assemblies, canopy or roof
assemblies, temporary rain enclosures, windshields, mirrors,
headlights, taillights, lighting systems, or storage--whether assembled
or unassembled, whether as part of a kit or not, and whether or not
accompanied by additional components--constitute part of an unfinished
and/or unassembled LSPTV that is subject to these investigations. The
inclusion of other products, components, or assemblies not described
here does not remove the product from the scope.
Subject LSPTVs and subassemblies are covered by the scope of these
investigations whether or not they are accompanied by other parts.
These investigations cover all LSPTVs and subassemblies meeting the
physical description of the scope, regardless of overall length, width,
or height. Individual components that do not comprise a subject LSPTV
or subassembly that are entered by themselves are not subject to the
investigations, but components entered with a LSPTV or subassembly,
whether finished or unfinished and whether assembled or unassembled,
are subject merchandise.
LSPTVs and subassemblies subject to these investigations include
those that are produced in the subject country whether assembled with
other components in the subject country or in a third country.
Processing or completion of finished and unfinished LSPTVs and
subassemblies either in the subject country or in a third country does
not remove the product from the scope.
Specifically excluded from the scope of these investigations are
all-terrain vehicles (which typically have straddle seating and are
steered by handlebars), multipurpose off-highway utility vehicles
(which have a maximum top nameplate speed of greater than 25 miles per
hour), and recreational off-highway vehicles (which have a maximum top
nameplate speed of greater than 30 miles per hour). Also excluded from
the scope are go-karts, electric scooters, golf trolleys, and mobility
aids (which include power wheelchairs and scooters which are used for
the express purpose of enabling mobility for a person).''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of low speed personal transportation vehicles
(LSPTVs), and that such products are being sold in the United States at
less than fair value within the meaning of Sec. 733 of the Act (19
U.S.C. 1673b). The investigations were requested in petitions filed on
June 20, 2024, by the American Personal Transportation Vehicle
Manufacturers Coalition.\1\
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\1\ The American Personal Transportation Vehicle Manufacturers
Coalition is comprised of Club Car, LLC, Evans, Georgia, and Textron
Specialized Vehicles, Inc., Augusta, Georgia.
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
[[Page 9347]]
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on May 29,
2025, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on June 12,
2025. Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before June 9, 2025. Any requests
to appear as a witness via videoconference must be included with your
request to appear. Requests to appear via videoconference must include
a statement explaining why the witness cannot appear in person; the
Chairman, or other person designated to conduct the investigation, may
in their discretion for good cause shown, grant such a request.
Requests to appear as remote witness due to illness or a positive
COVID-19 test result may be submitted by 3 p.m. the business day prior
to the hearing. Further information about participation in the hearing
will be posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on June 10,
2025. Parties shall file and serve written testimony and presentation
slides in connection with their presentation at the hearing by no later
than noon on June 11, 2025. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is June 5, 2025. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is June 20, 2025. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before June 20, 2025. On July 11, 2025, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before July 15, 2025, but such final comments
must not contain new factual information and must otherwise comply with
Sec. 207.30 of the Commission's rules. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: February 6, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-02467 Filed 2-10-25; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on February 11, 2025.
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.