Notice2025-15117
Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2023-2024
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
August 8, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that companies under review sold certain mobile access equipment and subassemblies thereof (MAE) at prices below normal value during the period of review April 1, 2023, through March 31, 2024. In addition, Commerce is rescinding this review with respect to Xuzhou Construction Machinery Group Imp. & Exp. Co., Ltd. (Xuzhou). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 90 Issue 151 (Friday, August 8, 2025)</title>
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[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Notices]
[Pages 38458-38460]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15117]
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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: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that companies under review sold certain mobile access
equipment and subassemblies thereof (MAE) at prices below normal value
during the period of review April 1, 2023, through March 31, 2024. In
addition, Commerce is rescinding this review with respect to Xuzhou
Construction Machinery Group Imp. & Exp. Co., Ltd. (Xuzhou). Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable August 8, 2025.
FOR FURTHER INFORMATION CONTACT: Christopher Williams, 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) 482-5166.
SUPPLEMENTARY INFORMATION:
Background
On April 14, 2022, Commerce published in the Federal Register the
antidumping duty order on MAE from China.\1\ On April 1, 2024, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order for the POR.\2\ On June 12, 2024,
based on timely requests for an administrative review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated this administrative review
of the Order with respect to five companies.\3\ On July 12, 2024,
Commerce received two separate rate certifications (SRCs). On July 22,
2024, Commerce received one SRC and two separate rate applications
(SRAs). Because Xuzhou's review request is fully withdrawn, this
administrative review now covers four companies, including one
mandatory respondent, Zhejiang Dingli Machinery Co., Ltd. (Dingli).
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 22390, 22391
(April 1, 2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 49844 (June 12, 2024).
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On July 22, 2024, Commerce tolled certain deadlines in this review
by seven days.\4\ On November 22, 2024, we extended the deadline for
the preliminary results of this review to May 7, 2025.\5\ On December
9, 2024, Commerce tolled certain administrative deadlines in this
administrative review by an additional 90 days.\6\ Accordingly, the
deadline for these preliminary results is now August 5, 2025. For a
complete description of the events that occurred since the initiation
of this review, see the Preliminary Decision Memorandum.\7\
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\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 Antidumping Duty Administrative Review,'' dated November
22, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Mobile Access Equipment and Subassemblies Thereof from the People's
Republic of China; 2023-2024,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order <SUP>8</SUP>
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\8\ See Order, 87 FR at 22190.
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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 Preliminary
Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On July
25, 2024, Xuzhou timely withdrew its request for an administrative
review.\9\ Because there are no outstanding review requests for this
company, Commerce is rescinding the administrative review of Xuzhou,
consistent with 19 CFR 351.213(d)(1).
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\9\ See Xuzhou's Letter, ``Withdrawal of Request for
Administrative Review,'' dated July 25, 2024.
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Separate Rates
We preliminarily granted a separate rate to certain companies that
we did not select for individual examination.\10\ The Tariff Act of
1930, as amended (the Act) and Commerce's regulations do not address
the establishment of a separate rate to be applied to companies not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5)(A) of the
Act, which pertains to the calculation of the all-others rate in a
market economy investigation, for guidance. Pursuant to section
735(c)(5)(A) of the Act, normally this rate shall be an amount equal to
the weighted-average of the estimated weighted-average dumping margins
established for those companies individually examined, excluding zero
and de minimis dumping margins, and any dumping margins based entirely
under section 776 of the Act.
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\10\ See Preliminary Decision Memorandum for additional details.
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Commerce calculated an individual estimated weighted-average
dumping margin for Dingli that is not zero, de minimis, or based
entirely on facts otherwise available. Thus, the weighted-average
dumping margin calculated for Dingli is the basis to determine the
weighted-average dumping margin for the non-examined, separate rate
companies in this administrative review.\11\ See the table below in the
``Preliminary Results of Review'' section of this notice.
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\11\ See Memorandum, ``Preliminary Analysis Memorandum,'' dated
concurrently with this notice.
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China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\12\ Under this
policy, the China-wide entity will not be under review unless a party
specifically requests, or
[[Page 38459]]
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.\13\
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\12\ 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).
\13\ See 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 (February
22, 2022).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as the appendix to this notice. The Preliminary
Decision Memorandum is a public document and is made available to the
public 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>
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period April 1, 2023, through March 31,
2024:
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Weighted-
average
Exporter dumping
margin
(percent)
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Zhejiang Dingli Machinery Co., Ltd.......................... 9.75
Separate Rate for Non-Examined Companies:
Hunan Sinoboom Intelligent Equipment Co., Ltd........... 9.75
Terex (Changzhou) Machinery Co., Ltd.................... 9.75
Oshkosh JLG (Tianjin) Equipment Technology Co., Ltd..... 9.75
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Disclosure
Commerce intends to disclose its calculations performed to
interested parties in these preliminary results of this administrative
review within five days of its public announcement or, if there is no
public announcement, within five days after publication of this notice
in the Federal Register, 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 no later than 21 days after the date
of the publication of this notice. 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.\14\ Interested parties who submit case
briefs or rebuttal briefs in this administrative review must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\15\
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\14\ 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).
\15\ 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 administrative 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.\16\ 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 of 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce via ACCESS by
5:00 p.m. Eastern Time within 30 days after the date of publication of
this notice in the Federal Register. Hearing requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of issues to be discussed. Oral presentations at the hearing
will be limited to issues raised in the case and rebuttal briefs. If a
request for a hearing is made, parties will be notified of the date,
time, and location of the hearing.\18\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled hearing
date.
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\18\ See 19 CFR 351.310(d).
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Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
its analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results of this administrative review,
in accordance with section 751(a)(2)(A) of the Act, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries of subject merchandise
covered by this review.\19\ If Dingli's weighted-average dumping margin
is not zero or de minimis (i.e., less than 0.50 percent) in the final
results of this review, we intend to calculate an importer-specific
assessment rate for antidumping duties based on the ratio of the total
amount of dumping calculated for each importer's
[[Page 38460]]
examined sales and the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\20\ If Dingli's weighted-average
dumping margin or an importer-specific assessment rate is zero or de
minimis in the final results of this review, we intend to instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.\21\
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\19\ See 19 CFR 351.212(b)(1).
\20\ 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).
\21\ Id., 77 FR at8102-03; see also 19 CFR 351.106(c)(2).
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For the company for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period of
review, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to
issue these rescission instructions to CBP no earlier than 35 days
after the date of publication of this notice in the Federal Register.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\22\
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\22\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue assessment instructions to CBP 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
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 companies listed
above that have 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; \23\ 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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\23\ 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
This notice serves as a preliminary 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 occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of this
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: August 5, 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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Adjustment Under Section 777A(f) of the Act
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2025-15117 Filed 8-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 8, 2025.
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