Notice2025-06234
Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Preliminary Results and Rescission, in Part, of the Countervailing Duty Administrative Review; 2022
Primary source
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Published
April 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies were provided to Zhejiang Dingli Machinery Co., Ltd. (Dingli), and its cross-owned affiliates, a producer and exporter of mobile access equipment and subassemblies thereof (mobile access equipment) from the People's Republic of China (China). The period of review (POR) is January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding this review, in part, with respect to 31 companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 69 (Friday, April 11, 2025)</title>
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[Federal Register Volume 90, Number 69 (Friday, April 11, 2025)]
[Notices]
[Pages 15443-15445]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06234]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-140]
Mobile Access Equipment and Subassemblies Thereof From the
People's Republic of China: Preliminary Results and Rescission, in
Part, of the Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies were provided to Zhejiang Dingli
Machinery Co., Ltd. (Dingli), and its cross-owned affiliates, a
producer and exporter of mobile access equipment and subassemblies
thereof (mobile access equipment) from the People's Republic of China
(China). The period of review (POR) is January 1, 2022, through
December 31, 2022. In addition, Commerce is rescinding this review, in
part, with respect to 31 companies. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable April 11, 2025.
FOR FURTHER INFORMATION CONTACT: Paul Senoyuit, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6106.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2024, based on timely requests for review, Commerce
published a notice of initiation of an administrative review of the
countervailing duty order \1\ on mobile access equipment from China
with respect to 32 companies.\2\ On April 9, 2024, we selected Dingli
as the mandatory respondent in this review.\3\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\4\ On August 20, 2024, Commerce extended the
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deadline for issuing these preliminary results by 117 days, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\5\ On December 9, 2024, Commerce tolled certain
deadlines in this administrative review by 90 days.\6 \ On April 3,
2025, Commerce extended the deadline for issuing these preliminary
results by three days. The deadline for these preliminary results is
now April 7, 2025.\7\
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\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 8641 (February 8, 2024).
\3\ See Memorandum, ``Respondent Selection,'' dated April 9,
2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated August
20, 2024.
\6 \ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
3, 2025.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. 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>.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Mobile
Access Equipment and Subassemblies Thereof from the People's
Republic of China; 2022,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are mobile access equipment from
China. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested the review withdraw their requests within 90 days of the date
of publication of the notice of initiation of the requested review.
Commerce received a timely-filed withdrawal request with respect to 31
companies, pursuant to 19 CFR 351.213(d)(1). Because the withdrawal
request was timely filed, and no other parties requested a review of
these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with respect to these 31 companies.
For a list of these companies, see Appendix II.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\9\ For a full
description of the methodology underlying our conclusions, including
our reliance, in part, on facts otherwise available with adverse
inferences pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.
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\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review
As a result of this review, we preliminarily find that the
following net subsidy rate exists for the POR, January 1, 2022, through
December 31, 2022:
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Subsidy rate (percent
Company ad valorem)
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Zhejiang Dingli Machinery Co. Ltd.; Zhejiang 79.33
Green Power Machinery Co., Ltd.; Zhejiang
Shengda Fenghe Automotive Equipment Co., Ltd.;
Zhejiang Xieheng Intelligent Equipment Co.,
Ltd.\10\......................................
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Disclosure
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\10\ 10 As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross owned with
Dingli: Zhejiang Green Power Machinery Co., Ltd.; Zhejiang Shengda
Fenghe Automotive Equipment Co., Ltd.; and Zhejiang Xieheng
Intelligent Equipment Co., Ltd.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\11\ 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\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; and (2) a table of
authorities.\13\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\11 \ See 19 CFR 351.309.
\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) (APO and Service Final Rule).
\13 \ See 19 CFR 351.309(c)(2) and (d)(2).
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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 briefs 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. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\15\
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\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.
\15\ See APO and Final Service Rule.
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[[Page 15445]]
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, U.S. Department of Commerce
within 30 days after the date of publication of this notice. Requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce will
inform parties of the scheduled date for the hearing.\16\
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\16\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
For the companies listed in Appendix II for which the review is
being rescinded, Commerce will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue rescission instructions to
CBP no earlier than 35 days after the date of publication of this
notice of rescission, in part, in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
Dingli, no 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the company listed above on shipments
of subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. These cash deposit instructions, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: April 7, 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.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation Information
VIII. Benchmarks
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which the Review Is Being Rescinded
1. Lingong Group Jinan Heavy Machinery Co., Ltd.
2. Hunan Sinoboom Intelligent Equipment Co., Ltd.
3. Mantall Heavy Industry Co., Ltd.
4. Noblelift Intelligent Equipment Co., Ltd.
5. Sany Marine Heavy Industry Co., Ltd.
6. Xuzhou Construction Machinery Group Imp. & Exp. Co., Ltd.
7. Xuzhou Construction Machinery Group FireFighting Safety Equipment
Co., Ltd.
8. Guangxi LiuGong Machinery Co., Ltd.
9. Deqing Liguan Machinery Trading Co. Ltd.
10. Oshkosh JLG (Tianjin) Equipment Technology Co., Ltd.
11. Terex (Changzhou) Machinery Co., Ltd.
12. Anhui Heli Industrial Vehicle Imp. & Exp. Co., Ltd.
13. Changzhou Hengxuan Logistics Co., Ltd.
14. Crown Equipment (Suzhou) Co., Ltd.
15. Dongguan Tinbo Packing Industrial Co., Ltd.
16. Guangzhou Eounice Machinery Co., Ltd.
17. Hangzhou Hengli Metal Processing Co., Ltd.
18. Jiaxing Xinfeng Zhong Wang Hydrualic Pressure Accessory Factory
19. Leader Technology Co., Ltd
20. Everocean International Forwarding Co., Ltd.
21. Shandong Tavol Machinery Co., Ltd.
22. Shanghai Full Trans Global Forwarding Co., Ltd.
23. Shanghai Inter Cooperation Co., Ltd.
24. Shanghai Xiangcheng Trading Co., Ltd.
25. Shanghai Xindun Trade Co., Ltd.
26. Shenzhen Shining Ocean International Logistics Co., Ltd.
27. Wuhai Huadong Heavy Industry Foundry Co., Ltd.
28. Yantai Carhart Manufacturing Co., Ltd.
29. Zhejiang Smile Tools Co., Ltd.
30. Zoomlion Heavy Industry Science & Technology Co., Ltd.
31. Skyjack Inc.
[FR Doc. 2025-06234 Filed 4-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 11, 2025.
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