Notice2025-07897
Lattice Boom Crawler Cranes From Japan: Initiation of Less-Than-Fair-Value 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
May 7, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 87 (Wednesday, May 7, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 87 (Wednesday, May 7, 2025)]
[Notices]
[Pages 19270-19275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07897]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-883]
Lattice Boom Crawler Cranes From Japan: Initiation of Less-Than-
Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 30, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, Office I, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
The Petition
On April 10, 2025, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
lattice boom crawler cranes from Japan, filed in proper form on behalf
of The Manitowoc Company, Inc. (the petitioner), a domestic producer of
lattice boom crawler cranes.\1\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Antidumping Petition,'' dated
April 10, 2025 (Petition).
---------------------------------------------------------------------------
Between April 15 and 23, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\2\ On April 18 and 24, 2025, the
petitioner filed timely responses to these requests for additional
information.\3\
---------------------------------------------------------------------------
\2\ See Commerce's Letters, ``Supplemental Questions,'' dated
April 15, 2025 (First Supplemental Questionnaire); and ``Third
Supplemental Questions,'' dated April 23, 2025 (Third Supplemental
Questionnaire); see also Memoranda, ``Phone Call with Counsel to the
Petitioner,'' dated April 22, 2025 (April 22 Memorandum).
\3\ See Petitioner's Letters, ``Response to Antidumping Duty
Petition Supplemental Questionnaire,'' dated April 18, 2025 (First
Petition Supplement); see also ``Response to Second and Third
Antidumping Duty Petition Supplemental Questionnaires,'' dated April
24, 2025 (Second Petition Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of lattice boom
crawler cranes from Japan are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the lattice
boom crawler cranes industry in the United States. Consistent with
section 732(b)(1) of the Act, the Petition was accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigation.\4\
---------------------------------------------------------------------------
\4\ See section on ``Determination of Industry Support for the
Petition,'' infra.
---------------------------------------------------------------------------
Period of Investigation (POI)
Because the Petition was filed on April 10, 2025, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) for the Japan LTFV
investigation is April 1, 2024, through March 31, 2025.
Scope of the Investigation
The products covered by this investigation are lattice boom crawler
cranes from Japan. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
Between April 15 and 28, 2025, Commerce requested information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is
[[Page 19271]]
seeking relief.\5\ Between April 18 and 24, 2025, the petitioner
provided clarifications and revised the scope.\6\ The description of
merchandise covered by this investigation, as described in the appendix
to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\5\ See First Supplemental Questionnaire; see also April 22
Memorandum; Third Supplemental Questionnaire; and ``Virtual Meeting
with Counsel to the Petitioner,'' dated April 28, 2025.
\6\ See First Petition Supplement at 1-10; see also Second
Petition Supplement at 1-6.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\7\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\8\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on May 20, 2025, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, and should also be limited to public information, must be
filed by 5:00 p.m. ET on May 30, 2025, which is 10 calendar days from
the initial comment deadline.
---------------------------------------------------------------------------
\7\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\8\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\9\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of lattice boom crawler
cranes to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant cost of
production (COP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe lattice boom crawler cranes, it may be that only a select
few product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on May 20, 2025,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments, which may include factual information, and should
also be limited to public information, must be filed by 5:00 p.m. ET on
May 30, 2025, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
LTFV investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\10\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\11\
---------------------------------------------------------------------------
\10\ See section 771(10) of the Act.
\11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation''
[[Page 19272]]
(i.e., the class or kind of merchandise to be investigated, which
normally will be the scope as defined in the petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\12\ Based on our analysis of the information
submitted on the record, we have determined that lattice boom crawler
cranes, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\13\
---------------------------------------------------------------------------
\12\ See Petition at Volume I (pages 22-24); see also First
Petition Supplement at 13-16.
\13\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Lattice Boom Crawler Cranes from Japan,'' dated concurrently with,
and hereby adopted by, this notice (Japan AD Initiation Checklist),
at Attachment II, Analysis of Industry Support for the Antidumping
Duty Petition Covering Lattice Boom Crawler Cranes from Japan
(Attachment II). This checklist is on file electronically via
ACCESS.
---------------------------------------------------------------------------
On April 29, 2025, we received an industry support challenge from
Link-Belt Cranes (Link-Belt), a U.S. producer and importer of lattice
boom crawler cranes.\14\ On April 29, 2025, the petitioner responded to
the standing challenge from Link-Belt.\15\ Based on the information
provided in the Petition and in the letter from Link-Belt, the share of
total U.S. production of the domestic like product in calendar year
2024 represented by the supporters of the Petition did not account for
more than 50 percent of the total production of the domestic like
product. Therefore, in accordance with section 732(c)(4)(D) of the Act,
because the record contained information regarding each U.S. producer's
2024 production of the domestic like product and position on the
Petition, we relied on other information (i.e., actual 2024 production
data and the position for each U.S. producer) to determine industry
support.\16\
---------------------------------------------------------------------------
\14\ See Link-Belt's Letter, ``Link-Belt's Challenge to
Petitioner's Standing,'' dated April 29, 2025 (Link-Belt Challenge);
see also Link-Belt's Letter, ``Entry of Appearance,'' dated April
23, 2025 (Link-Belt EOA).
\15\ See Petitioner's Letter, ``Manitowoc Response to Link-
Belt's Standing Challenge,'' dated April 29, 2025.
\16\ For further discussion, see Attachment II of the Japan AD
Initiation Checklist.
---------------------------------------------------------------------------
Section 732(c)(4)(B) of the Act states that (i) Commerce ``shall
disregard the position of domestic producers who oppose the petition if
such producers are related to foreign producers, as defined in section
771(4)(B)(ii), unless such domestic producers demonstrate that their
interests as domestic producers would be adversely affected by the
imposition of an antidumping duty order''; and (ii) Commerce ``may
disregard the position of domestic producers of a domestic like product
who are importers of the subject merchandise.'' In addition, 19 CFR
351.203(e)(4) states that the position of a domestic producer that
opposes the petition (i) will be disregarded ``if such producer is
related to a foreign producer or to a foreign exporter under section
771(4)(B(ii) of the Act, unless such domestic producer demonstrates to
the Secretary's satisfaction that its interests as a domestic producer
would be adversely affected by the imposition of an antidumping duty
order''; and (ii) may be disregarded if the producer ``is an importer
of the subject merchandise {or{time} is related to such an importer,
under section 771(4)(B)(ii) of the Act.''
The information on the record indicates that Link-Belt is related
to a foreign producer of lattice boom crawler cranes and/or imported
subject merchandise from Japan.\17\ We have analyzed the information
provided by the petitioner and the information provided in the
submission from Link-Belt. Based on our analysis, we have determined
that it is appropriate to disregard Link-Belt's opposition to the
Petition pursuant to section 732(c)(4)(B) of the Act. When Link-Belt's
opposition to the Petition is disregarded, the industry support
requirements of section 732(c)(4)(A) of the Act are satisfied.\18\
---------------------------------------------------------------------------
\17\ See Petition at Volume I (page 6 and Exhibits 2 and 3); see
also Link-Belt EOA; and Link-Belt Challenge at 3.
\18\ For further discussion, see Attachment II of the Japan AD
Initiation Checklist.
---------------------------------------------------------------------------
Based on our analysis and review of the information on the record,
we have determined that the petitioner has established industry support
for the Petition.\19\ The information on the record demonstrates that
the domestic producers of lattice boom crawler cranes who support the
Petition account for at least 25 percent of the total production of the
domestic like product and, once Link-Belt's opposition is disregarded,
account for more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petition.\20\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 732(b)(1) of the Act.
---------------------------------------------------------------------------
\19\ Id.
\20\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\21\
---------------------------------------------------------------------------
\21\ For further discussion, see Japan AD Initiation Checklist
at Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping Duty Petition Covering
Lattice Boom Crawler Cranes from Japan.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
increase in subject market share; lost sales and revenues; underselling
and price depression and/or suppression; low capacity utilization;
adverse impact on employment variables; and negative impact on
financial performance.\22\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, cumulation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\23\
---------------------------------------------------------------------------
\22\ Id.
\23\ Id.
---------------------------------------------------------------------------
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of lattice boom crawler cranes from Japan. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Japan AD Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on a transaction-specific
average unit value (AUV) (i.e., month-and port-specific AUV) derived
from official import statistics and ship manifest data.\24\ The
petitioner made certain adjustments to U.S. price to calculate a net
ex-factory U.S price, where applicable.\25\
---------------------------------------------------------------------------
\24\ See Japan AD Initiation Checklist.
\25\ Id.
---------------------------------------------------------------------------
Normal Value <SUP>26</SUP>
---------------------------------------------------------------------------
\26\ In accordance with section 773(b)(2) of the Act, for this
investigation, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
---------------------------------------------------------------------------
The petitioner based NV on home market pricing information it
obtained
[[Page 19273]]
for lattice boom crawler cranes produced in and sold, or offered for
sale, in Japan during the POI.\27\ The petitioner provided information
indicating that the prices for lattice boom crawler cranes sold or
offered for sale in Japan was below the COP. Therefore, the petitioner
based NV on constructed value (CV).
---------------------------------------------------------------------------
\27\ See Japan AD Initiation Checklist.
---------------------------------------------------------------------------
Normal Value Based on Constructed Value
As noted above, the petitioner provided information indicating the
prices for lattice boom crawler cranes sold or offered for sale in
Japan were below the COP. Therefore, the petitioner calculated NV based
on CV.\28\
---------------------------------------------------------------------------
\28\ Id.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, selling, general, and
administrative (SG&A) expenses, financial expenses, and profit.\29\ In
calculating the cost of manufacturing, the petitioner relied on its own
production experience and input consumption rates for lattice boom
crawler cranes, valued using publicly available information applicable
to Japan.\30\ For calculating SG&A expenses, financial expenses, and
profit ratios, the petitioner relied on the fiscal year 2023-2024
financial statements of a producer of identical merchandise domiciled
in Japan.\31\
---------------------------------------------------------------------------
\29\ Id.
\30\ Id.
\31\ Id.
---------------------------------------------------------------------------
Fair Value Comparison
Based on the data provided by the petitioner, there is reason to
believe that imports of lattice boom crawler cranes from Japan are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margin for lattice boom crawler cranes from
Japan is 157.43 percent.\32\
---------------------------------------------------------------------------
\32\ Id.
---------------------------------------------------------------------------
Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating an LTFV investigation to
determine whether imports of lattice boom crawler cranes from Japan are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of this initiation.
Respondent Selection
In the Petition, the petitioner identified two companies in Japan
as producers and/or exporters of lattice boom crawler cranes.\33\
Following standard practice in LTFV investigations involving market
economy countries, Commerce would normally select respondents based on
U.S. Customs and Border Protection (CBP) entry data for imports under
the appropriate Harmonized Tariff Schedule of the United States (HTSUS)
subheading(s) listed in the ``Scope of the Investigation'' in the
Appendix. However, for this investigation, the main HTSUS subheadings
under which the subject merchandise would enter (8426.49.0010 and
8426.49.0090) are basket categories under which non-subject merchandise
may also enter. Therefore, instead of relying on CBP entry data in
selecting respondents, we intend to issue quantity and value (Q&V)
questionnaires to each potential respondent for which there is complete
address information on the record.
---------------------------------------------------------------------------
\33\ See Petition at Volume I (page 15); see also Second
Supplement at 1.
---------------------------------------------------------------------------
Commerce will also post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Exporters/producers of lattice boom crawler cranes
from Japan that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant producers/exporters no
later than 5:00 p.m. on May 14, 2025, which is two weeks from the
signature date of this notice. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the government of Japan via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of lattice boom crawler cranes from Japan are
materially injuring, or threatening material injury to, a U.S.
industry.\34\ A negative ITC determination will result in the
investigation being terminated.\35\ Otherwise, this LTFV investigation
will proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\34\ See section 733(a) of the Act.
\35\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \36\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\37\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
---------------------------------------------------------------------------
\36\ See 19 CFR 351.301(b).
\37\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV,
[[Page 19274]]
stating that ``if a particular market situation exists such that the
cost of materials and fabrication or other processing of any kind does
not accurately reflect the cost of production in the ordinary course of
trade, the administering authority may use another calculation
methodology under this subtitle or any other calculation methodology.''
When an interested party submits a PMS allegation pursuant to section
773(e) of the Act (i.e., a cost-based PMS allegation), the submission
must be filed in accordance with the requirements of 19 CFR 351.416(b),
and Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\38\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\39\
---------------------------------------------------------------------------
\38\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\39\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or countervailing
duty proceeding must certify to the accuracy and completeness of that
information.\40\ Parties must use the certification formats provided in
19 CFR 351.303(g).\41\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
---------------------------------------------------------------------------
\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\42\
---------------------------------------------------------------------------
\42\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 30, 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
Scope of the Investigation
The merchandise covered by this investigation consists of
lattice boom crawler cranes, and lattice boom crawler crane
assemblies. Lattice boom crawler cranes combine the assemblies
defined below, among other components, including a lower carriage
assembly fitted with tank-link crawler tracks, an upper carriage
housing the operator cab, engine, and hydraulics, and a boom made of
steel pipe welded together in a distinctive lattice pattern. The
scope of this investigation covers lattice boom crawler cranes and
lattice boom crawler crane assemblies, whether assembled or
unassembled, and whether or not the lattice boom crawler crane
contains any additional features that provide for functions beyond
the primary lifting function. All lattice boom crawler cranes are
included in the scope regardless of maximum lift capacity, lattice
boom length, jib configuration, or other added features.
Subject merchandise includes, but is not limited to, the
following lattice boom crawler crane assemblies which can be
imported in isolation or combined in different configurations at the
time of import:
<bullet> Lattice boom assemblies and pieces thereof. Lattice
boom assemblies are formed of interlocking sections of welded high-
strength steel pipe, that form the lifting attachment of the crane.
A lattice boom is formed by welding main chords together with lacing
pipes typically arranged in a ``W'' or ``V'' pattern. Lattice boom
assemblies consist of a boom butt (also known as a boom bottom or
boom base), which attaches to the upper carriage assembly, and a
boom head (also known as a boom tip or boom hat), which forms the
other end of the boom structure. In between the boom butt and boom
head, boom inserts of various lengths can be inserted to reach the
desired boom height and load bearing capability. Lattice boom
assemblies may be imported with boom butt, boom tip, and boom
inserts together, but boom butt, boom tip, and boom inserts imported
alone are also covered by the scope.
<bullet> Lower carriage assembly. The lower carriage assembly
(also may be referred to as a carbody or lower works) is constructed
with high-strength steel components and forms the base of the
crawler crane. The lower carriage assembly typically includes
various motors, drive mechanisms, and hydraulics. The lower carriage
assembly may also include a set of counterweights to provide
backward stability for the assembled crane. The lower carriage
typically has a circular center that is connected to the upper
carriage assembly with a bearing. The lower and upper carriage
assemblies may or may not be connected by a bearing at the time of
importation. Steel arms extend from the center of the lower carriage
and connect to
[[Page 19275]]
the front and rear of the crawler assemblies that are positioned on
both sides of the lower carriage assembly. The lower carriage
assembly may also contain a hydraulic system that allows for the
extension and retraction of the crawler assemblies to create a wider
base. A lower carriage assembly may be imported with or without
crawler assemblies.
<bullet> Crawler assembly. Each lattice boom crawler crane
contains at least two crawler assemblies, which are continuous
tracks that provide mobility and distribute the crane's weight
evenly across the ground. The tracks of a lattice boom crawler crane
consist of steel track shoes, which are interlocking steel plates
that form the tread of the tracks and make direct contact with the
ground, a track chain, which is a continuous loop of interconnected
steel links, and a crawler body and track rollers, which support the
track shoes and track chain. Typically, drive motors mounted on the
lower carriage assembly connect to crawler-mounted drive sprockets,
which engage the track chain and allow the LBCC to move forward and
backward.
<bullet> Upper carriage assembly. The upper carriage assembly,
also known as the upper works, typically includes the operator's
cab, hydraulic systems, engine, boom hoist, mast, and a turntable
base with swing drive mechanism that connects to the lower carriage
assembly and allows the upper carriage to pivot on the lower
carriage assembly. The upper and lower carriage assemblies may or
may not be connected by a bearing at the time of importation. The
upper carriage assembly may also include a separate counterweight
tray and counterweights, which allow the crane to maintain balance
while lifting heavy loads, as well as a gantry, which helps lift the
boom and counterweights during installation, although the
counterweight tray, counterweights, and gantry are not required to
be attached for the upper carriage assembly to be a subject
assembly. The boom butt may or may not be attached to the upper
carriage assembly at the time of entry.
<bullet> Hoisting assembly. The hoisting assembly, housed within
the upper carriage assembly and lattice boom assembly, powers the
lifting and lowering of loads and typically consists of a hoisting
line of high strength steel cable, a hoist motor, hoist brakes,
hoisting drums, and a hook block formed from steel sheaves, which
helps distribute the load on the hoisting line and increases lifting
capacity. The main hoisting line typically runs from the hoist
drums, housed in the upper carriage assembly, up through the lattice
boom (which may or may not house additional hoist drums) and hook
block.
<bullet> Jib assemblies. Jib assemblies are optional components
that can be added to the top end of the boom to provide the crane
with greater reach. Similar to lattice boom assemblies, jib
assemblies typically consist of interlocking sections of welded
steel pipe, arranged in a ``V'' or ``W'' lattice pattern. Jib
assemblies can consist of either fixed jib, which extends from the
main lattice boom at a fixed angle, or a luffing jib, which can be
raised or lowered by the operator through a separate set of
controls.
Importation of any of these assemblies, whether assembled or
unassembled, constitutes unfinished lattice boom crawler cranes for
purposes of this investigation. Inclusion of other components not
identified as comprising the finished or unfinished lattice boom
crawler cranes and lattice boom crawler crane assemblies do not
remove the products from the scope.
Processing of lattice boom crawler cranes and lattice boom
crawler crane assemblies such as welding, joining, bolting,
painting, coating, finishing, or assembly, either in the country of
manufacture of the in-scope product or in a third country does not
remove the product from the scope. Lattice boom crawler cranes and
lattice boom crawler crane assemblies subject to this investigation
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 lattice
boom crawler cranes and the covered lattice boom crawler crane
assemblies either in the subject country or in a third country does
not remove the product from the scope.
Lattice boom crawler cranes subject to this investigation are
typically classifiable under subheadings 8426.49.0010 and
8426.49.0090 of the Harmonized Tariff Schedule of the United States
(HTSUS). Lattice boom crawler crane assemblies may also be
classified under subheadings 8426.49.0010 or 8426.49.0090, or may be
classified under subheadings 8431.49.1090, 8431.49.1060, or
8425.19.0000 of the HTSUS. While the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise under investigation is dispositive.
[FR Doc. 2025-07897 Filed 5-6-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on May 7, 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.