Notice2025-02798
Certain Low Speed Personal Transportation Vehicles From the People's Republic of China: Amended Preliminary Determination of Countervailing Duty Investigation
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 19, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the preliminarily affirmative countervailing duty (CVD) determination on certain low speed personal transportation vehicles (LSPTVs) from the People's Republic of China (China) to correct significant ministerial errors.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 32 (Wednesday, February 19, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 32 (Wednesday, February 19, 2025)]
[Notices]
[Pages 9892-9893]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02798]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-177]
Certain Low Speed Personal Transportation Vehicles From the
People's Republic of China: Amended Preliminary Determination of
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
preliminarily affirmative countervailing duty (CVD) determination on
certain low speed personal transportation vehicles (LSPTVs) from the
People's Republic of China (China) to correct significant ministerial
errors.
DATES: Applicable February 19, 2025.
FOR FURTHER INFORMATION CONTACT: Dan Alexander, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 703(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.205(b), on December 6, 2024, Commerce
published its preliminary affirmative determination in the CVD
investigation of LSPTVs from China.\1\ On December 16, 2024, we
received timely ministerial error allegations from the American
Personal Transportation Vehicle Manufacturers Coalition (the
petitioner) that Commerce made a significant ministerial error in the
Preliminary Determination with respect to the subsidy rate calculated
for Xiamen Dalle New Energy Automobile Co., Ltd. (Xiamen Dalle). The
petitioner also submitted ministerial error allegations regarding the
subsidy rate calculated for Guangdong Lvtong New Energy Electric
[[Page 9893]]
Vehicle Technology Co., Ltd. (Lvtong).\2\ Because the errors alleged by
the petitioner regarding Lvtong's calculated subsidy rate are not
considered significant (i.e., do not satisfy the requirements of 19 CFR
351.224(g)(1)), Commerce will address those errors with which it agrees
in the final determination. On December 26, 2024, Xiamen Dalle
submitted ministerial error rebuttal comments, which were rejected and
removed from the record by Commerce on January 23, 2025.\3\
---------------------------------------------------------------------------
\1\ See Certain Low Speed Personal Transportation Vehicles from
the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative
Determination of Critical Circumstances, in Part, and Alignment of
Final Determination with Final Antidumping Duty Determination, 89 FR
96942 (December 6, 2024) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Petitioner's Letter, ``Ministerial Error Allegations,''
dated December 16, 2024.
\3\ See Commerce's Letter, ``Rejection of Xiamen Dalle New
Energy Automobile Co., Ltd.'s Submission,'' dated January 23, 2025;
and Memorandum, ``Reject and Remove December 26, 2024 Rebuttal to
Ministerial Error Allegations,'' dated January 23, 2025.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is January 1, 2023, through
December 31, 2023.
Scope of the Investigation
The products covered by this investigation are LSPTVs from China.
For a complete description of the scope of this investigation, see the
Preliminary Determination.
Analysis of Significant Ministerial Error Allegations
According to 19 CFR 351.224(e), Commerce will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination. A ministerial error is
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \4\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the CVD rate calculated in the
original preliminary determination; or (2) a difference between a CVD
rate of zero (or de minimis) and a CVD rate greater than de minimis, or
vice versa.\5\
---------------------------------------------------------------------------
\4\ See section 705(e) of the Act.
\5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
Amended Preliminary Determination
In the Preliminary Determination, Commerce made a significant
ministerial error within the meaning of section 705(e) of the Act and
19 CFR 351.224(f) and (g)(1) in calculating the countervailable subsidy
rate for Xiamen Dalle. Consistent with 19 CFR 351.224(e), Commerce is
amending the Preliminary Determination to reflect the correction of
this significant ministerial error. Commerce also made other
ministerial errors, within the meaning of 19 CFR 351.224(f), in the
calculation of the countervailable subsidy rate for Xiamen Dalle. These
errors, in and of themselves, are not significant within the meaning of
19 CFR 351.224(g). However, because correcting for these errors in
combination with the other significant ministerial error alleged by the
petitioner satisfies the requirements of 19 CFR 351.224(g)(1), we are
also correcting for these errors by amending the Preliminary
Determination, consistent with 19 CFR 351.224(e). In correcting for
these errors by amending the Preliminary Determination, consistent with
19 CFR 351.224(e), we are revising the calculations with regard to
Xiamen Dalle's subsidy rate and the all-others rate.
For a complete discussion of ministerial errors, see the
Preliminary Ministerial Error Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Countervailing Duty Investigation of
Certain Low-Speed Personal Transportation Vehicles from the People's
Republic of China: Analysis of Ministerial Errors in the Preliminary
Determination,'' dated concurrently with this notice (Preliminary
Ministerial Error Memorandum).
---------------------------------------------------------------------------
Amended Preliminary Determination
As a result of correcting the ministerial errors described above,
we determine the following amended preliminary net countervailable
subsidy rates for Xiamen Dalle and all other producers/exporters:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad valorem)
------------------------------------------------------------------------
Guangdong Lvtong New Energy Electric Vehicle 22.84
Technology Co., Ltd..............................
Hebei Machinery Import and Export Co., LTD........ * 515.37
Shandong Odes Industry Co. Ltd.................... * 515.37
Xiamen Dalle New Energy Automobile Co., Ltd....... 33.21
All Others........................................ 28.16
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose the calculations and analysis
performed to interested parties for this amended preliminary
determination within five days after public announcement or, if there
is no public announcement, within five days after the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224.
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be established according to the rates calculated in this amended
preliminary determination. Because the amended rates for Xiamen Dalle
and all-others result in increased cash deposits, they will be
effective on the date of the publication of this notice in the Federal
Register. Parties will be notified of this determination, in accordance
with section 703(d) and (f) of the Act.
U.S. International Trade Commission (ITC) Notification
In accordance with section 703(f) of the Act, we will notify the
ITC of our amended preliminary determination.
Notification to Interested Parties
This notice is issued and published pursuant to sections 703(f) and
777(i) of the Act, and 19 CFR 351.224(e).
Dated: February 12, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-02798 Filed 2-18-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 19, 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.