Certain Low-Speed Personal Transportation Vehicles From the People's Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty Order; Amended Final Determination of Countervailing Duty Investigation and Countervailing Duty Order
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Issuing agencies
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on certain low-speed personal transportation vehicles (LSPTVs) from the People's Republic of China (China). In addition, Commerce is amending the final less than fair value (LTFV) determination and the final CVD determination for LSPTVs from China to correct ministerial errors.
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<title>Federal Register, Volume 90 Issue 153 (Tuesday, August 12, 2025)</title>
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[Federal Register Volume 90, Number 153 (Tuesday, August 12, 2025)]
[Notices]
[Pages 38759-38764]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15244]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-176, C-570-177]
Certain Low-Speed Personal Transportation Vehicles From the
People's Republic of China: Amended Final Antidumping Duty
Determination and Antidumping Duty Order; Amended Final Determination
of Countervailing Duty Investigation and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on certain low-speed personal
transportation vehicles (LSPTVs) from the People's Republic of China
(China). In addition, Commerce is amending the final less than fair
value (LTFV) determination and the final CVD determination for LSPTVs
from China to correct ministerial errors.
DATES: Applicable August 12, 2025.
FOR FURTHER INFORMATION CONTACT: Jerry Xiao or Gorden Struck (AD),
Office II at (202) 482-2273 or (202) 482-8151, respectively; or Dan
Alexander (CVD), Office VII, at (202) 482-4313; AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d), 735(d), and 777(i)(1) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b), on
June 23, 2025, Commerce published its affirmative final determination
of sales at LTFV of LSPTVs from China and its affirmative final
determination that countervailable subsidies are being provided to
producers and exporters of LSPTVs from China.\1\
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\1\ See Certain Low Speed Personal Transportation Vehicles from
the People's Republic of China: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, in Part, 90 FR 26530 (June 23, 2025) (LTFV
Final Determination), and accompanying Issues and Decision
Memorandum (IDM); see also Certain Low-Speed Personal Transportation
Vehicles from the People's Republic of China: Final Affirmative
Countervailing Duty Determination and Final Affirmative
Determination of Critical Circumstances, 90 FR 26536 (June 23, 2025)
(CVD Final Determination).
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On June 30, 2025, the American Personal Transportation Vehicle
Manufacturers Coalition (petitioner) and Guangdong Lvtong New Energy
Electric Vehicle Technology Co., Ltd. (Guangdong Lvtong) alleged that
Commerce made ministerial errors in the LTFV Final Determination \2\
and the CVD Final Determination.\3\ No party submitted rebuttal
comments to the ministerial error allegations. Sections 705(e) and
735(e) of the Act and 19 CFR 351.224(f) define ministerial errors as
errors in addition, subtraction, or other arithmetic function, clerical
errors resulting from inaccurate copying, duplication, or the like, and
any other type of unintentional error which Commerce considers
ministerial. We reviewed the allegations and determined that we made
ministerial errors in the LTFV Final Determination and the CVD Final
Determination. See ``Amendment to the Final Determination of Sales at
Less Than Fair Value'' and ``Amendment to the Final Countervailing Duty
Determination'' sections below for further discussions.
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\2\ See Petitioner's Letter, ``Petitioner's Ministerial Error
Allegation,'' dated June 30, 2025 (Petitioner's Ministerial Error
Allegation).
\3\ See Guangdong Lvtong's Letter, ``Lvtong Ministerial Error
Allegation,'' dated June 30, 2025 (Guangdong Lvtong's Ministerial
Error Allegation).
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On August 4, 2025, the ITC notified Commerce of its final
affirmative determinations that an industry in the United States is
materially injured within the meanings of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act by reason of subsidized imports of LSPTVs
from China and by reason of imports of LSPTVs that are sold in the
United States at less than fair value.\4\
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\4\ See ITC's Letter, ``Chair Determinations Letter to
Commerce,'' dated August 4, 2025 (ITC Notification Letter).
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Scope of the Orders
The product covered by these orders is LSPTVs from China. For a
complete description of the scope of these orders, see Appendix I to
this notice.
[[Page 38760]]
Amendment to the Final Determination of Sales at Less Than Fair Value
On June 30, 2025, Commerce received timely ministerial error
allegations from the petitioner alleging that Commerce made three
ministerial errors in the LTFV Final Determination with respect to the
estimated weighted-average dumping margin for the mandatory respondents
Guangdong Lvtong New Energy Electric Vehicle Technology Co., Ltd.
(Guangdong Lvtong) and Xiamen Dalle New Energy Automobile Co., Ltd.
(Xiamen Dalle) (collectively, the respondents).\5\ Commerce reviewed
the record, and we determine that two of the three allegations
concerning Xiamen Dalle constitute ministerial errors within the
meaning of section 735(e) of the Act and 19 CFR 351.224(f).\6\
Consistent with 19 CFR 351.224(e), Commerce is amending the LTFV Final
Determination to reflect the correction of these two ministerial
errors. Correction of these ministerial errors changes Xiamen Dalle's
final estimated weighted-average dumping margin from 312.31 percent to
312.54 percent. As a result, we are also revising the estimated
weighted-average dumping margin assigned to the separate rate companies
from 291.04 percent to 292.03 percent.\7\ The amended estimated
weighted-average dumping margins are listed in the ``Amended Final
Determination'' section below.
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\5\ See Petitioner's Ministerial Error Allegation.
\6\ See Memorandum, ``Analysis of Ministerial Errors
Allegations,'' dated July 23, 2025 (Final Ministerial Error
Memorandum).
\7\ See Memorandum, ``Calculation of the Margin for Respondents
Not Selected for Individual Examination for the Amended Final
Determination,'' dated July 23, 2025.
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AD Order
On August 4, 2025, in accordance with 735(d) of the Act, the ITC
notified Commerce of its final determination that an industry in the
United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of LSPTVs that are sold
in the United States at LTFV. Therefore, in accordance with sections
735(c)(2) and 736 of the Act, Commerce is issuing this AD order.
Because the ITC determined that imports of LSPTVs from China are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from China, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the subject merchandise
exceeds the export price (or constructed export price) of the subject
merchandise, for all relevant entries of LSPTVs from China. Antidumping
duties will be assessed on unliquidated entries of LSPTVs from China
entered, or withdrawn from warehouse, for consumption on or after
January 30, 2025, the date of publication of the LTFV Preliminary
Determination,\8\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described in the
``Provisional Measures--AD '' section of this notice.
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\8\ See Certain Low Speed Personal Transportation Vehicles from
the People's Republic of China: Preliminary Affirmative
Determination of Sale at Less-Than-Fair-Value Investigation,
Preliminary Affirmative Determination of Critical Circumstances,
Postponement of Final Determination and Extension of Provisional
Measures, 90 FR 8517 (January 30, 2025) (LTFV Preliminary
Determination).
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Furthermore, both Commerce and the ITC found that critical
circumstances exist for LSTPVs from China produced and exported by
Guangdong Lvtong, LSTPVs from China produced and exported by the non-
examined separate rate companies (see Appendix II), and LSTPVs from
China produced or exported by the China-wide entity; critical
circumstances were not found for LSPTVs from China produced and
exported by Xiamen Dalle. Accordingly, Commerce will direct CBP to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the subject merchandise
exceeds the export price (or constructed export price) of the subject
merchandise, for all entries of LSPTVs from China, except those
produced and exported by Xiamen Dalle, entered, or withdrawn from
warehouse, for consumption on or after November 1, 2024 through January
29, 2025 (i.e., 90 days prior to the date of publication of the LTFV
Preliminary Determination).
Suspension of Liquidation and Cash Deposit Requirements--AD
In accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue the suspension of liquidation of entries of
LSPTVs from China, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register.
Commerce also intends to instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins, as revised in this
amended final determination and adjusted for subsidy offsets, as
indicated in the table below. The rate for the China-wide entity
applies to all producer and exporter combinations not specifically
listed below in the Amended Final Determination.
These instructions suspending liquidation and cash deposit
requirements will remain in effect until further notice.
In addition, under section 735(b)(4)(A) of the Act, the ITC found
that critical circumstances exist with respect to imports subject to
Commerce's affirmative critical circumstances determination under
section 735(a)(3) of the Act. Therefore, we intend to instruct CBP to
suspend liquidation of entries of subject merchandise entered for
consumption on or after November 1, 2024 through January 29, 2025,
except for subject merchandise produced and exported by Xiamen Dalle.
Further, CBP will collect the appropriate cash deposit for estimated
antidumping duties for such entries.\9\
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\9\ See section 735(c)(4) of the Act; see also Statement of
Administrative Action Accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103-316, Vol. 1 (1994) (SAA), at 876 (``If both agencies
make affirmative critical circumstances determinations in their
final investigations, retroactive duties will be applied for a
period ninety days prior to suspension of liquidation.''); see also
LTFV Final Determination.
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Estimated Weighted-Average Dumping Margins
The amended estimated weighted-average dumping margins are as
follows:
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Cash deposit rate
Weighted- average (adjusted for
Exporter Producer dumping margin subsidy offsets)
(percent) (percent)
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Guangdong Lvtong New Energy Electric Guangdong Lvtong New Energy 119.39 119.33
Vehicle Technology Co., Ltd. Electric Vehicle Technology
Co., Ltd.
Xiamen Dalle New Energy Automobile Co., Xiamen Dalle New Energy 312.54 312.54
Ltd. Automobile Co., Ltd.
[[Page 38761]]
Non-Examined Separate Rate Producer/ ............................ 292.03 292.00
Exporter Combinations (see Appendix II).
China-Wide Entity........................ ............................ * 478.09 478.09
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* This rate is based on facts available with adverse inferences.
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce published the LTFV Preliminary Determination on January 30,
2025. At the request of the exporter that accounted for a significant
proportion of export of LSPTVs from China, Commerce extended the four-
month period to no more than six months.\10\ Therefore, the six-month
provisional measures period beginning on the date of the publication of
the LTFV Preliminary Determination ended on July 28, 2025.
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\10\ See LTFV Preliminary Determination, 90 FR at 8519.
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In accordance with section 733(d) of the Act and its practice,\11\
Commerce will instruct CBP to terminate the suspension of liquidation
and to liquidate, without regard to antidumping duties, unliquidated
entries of LSPTVs from China entered, or withdrawn from warehouse, for
consumption on or after July 29, 2025, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
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\11\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determination in
the Federal Register.
Amendment to the Final Countervailing Duty Determination
On June 30, 2025, Commerce received ministerial error allegations
from the petitioner alleging that Commerce made a ministerial error in
the CVD Final Determination with respect to the adverse facts available
(AFA) rate calculation for the non-respondent companies.\12\ We
reviewed the record, and agreed that that the error alleged by the
petitioner constitutes a ministerial error within the meaning of
section 735(e) of the Act and 19 CFR 351.224(f).\13\ Specifically,
Commerce found that it made an inadvertent error by not applying as AFA
to the non-responsive companies the updated rate of 25.50 percent that
we calculated in the Amended Preliminary Determination for the lithium
ion batteries for less than adequate remuneration program.\14\ Based on
the correction, the AFA rate for the non-respondent companies is listed
in the ``Estimated Countervailable Subsidy Rates'' section below. For
further discussion, see Ministerial Analysis Memorandum.
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\12\ See Petitioner's Ministerial Error Allegation; see also
Guangdong Lvtong's Ministerial Error Allegation.
\13\ See Memorandum, ``Analysis of Ministerial Error
Allegations,'' dated July 17, 2025 (Ministerial Analysis
Memorandum).
\14\ See Certain Low Speed Personal Transportation Vehicles from
the People's Republic of China: Amended Preliminary Determination of
Countervailing Duty Investigation, 90 FR 9892 (February 19, 2025).
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On June 30, 2025 Guangdong Lvtong also submitted a timely
ministerial error allegation regarding Commerce's response to its
assertion that the rate for the Chinese Government's Purchase of LSPTVs
for More than Adequate Remuneration (MTAR) Program should be based on a
per-weight, rather than a per-unit basis,\15\ which we did not directly
address in the Final Determination.\16\ Guangdong Lvtong contends that
we committed a ministerial error by not directly responding to its
argument.\17\ 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.'' \18\ We disagree with Guangdong
Lvtong that this constitutes a ministerial error, as this assertion by
Guangdong Lvtong does not fall within the definition as set forth in 19
CFR 351.224(f). For further discussion, see Ministerial Analysis
Memorandum.
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\15\ See Guangdong Lvtong's Ministerial Error Allegation at 1-2.
\16\ Id.
\17\ Id. at 2.
\18\ See section 705(e) of the Act.
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Countervailing Duty Order
As stated above, based on the affirmative determination by the ITC
that an industry in the United States is materially injured within the
meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized
imports of LSPTVs from China, in accordance with sections 705(c)(2) and
706 of the Act, Commerce is issuing this CVD order. Because the ITC
determined that imports of LSPTV's from China are materially injuring
U.S. industry, unliquidated entries of such merchandise entered or
withdrawn from warehouse for consumption, are subject to the assessment
of countervailing duties.
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct CBP to assess, upon further instruction by Commerce,
countervailing duties on all relevant entries of LSPTVs from China
entered, or withdrawn from warehouse, for consumption, on or after
September 7, 2024, which is 90 days prior to the date of publication of
the CVD Preliminary Determination.\19\ Countervailing duties will not
be assessed on entries occurring after the expiration of the
provisional measures period and before the publication of the ITC's
final affirmative injury determination, as further described in the
``Provisional Measures'' section of this notice.
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\19\ 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) (CVD Preliminary Determination).
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Furthermore, the ITC found that critical circumstances exist with
respect to all imports subject to Commerce's affirmative critical
circumstances
[[Page 38762]]
finding within the meaning of section 705(b)(4)(A) of the Act. As a
result of Commerce's affirmative critical circumstances determination
under section 705(a)(2) of the Act, and the ITC's affirmative critical
circumstances determination under section 705(b)(4)(A) of the Act,
retroactive duties will be applied to the relevant imports for a period
of 90 days prior to the suspension of liquidation (i.e. 90 days prior
to the publication of the Preliminary Determination).\20\
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\20\ See section 705(c)(4) of the Act; see also SAA at 876 (``If
both agencies make affirmative critical circumstances determinations
in their final investigations, retroactive duties will be applied
for a period ninety days prior to suspension of liquidation.'').
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of LSPTVs
from China, effective on the on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties on each entry of subject
merchandise in an amount based on the net countervailable subsidy rates
below. These instructions suspending liquidation will remain in effect
until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would normally deposit
estimated customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below.\21\
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\21\ See section 706(a)(3) of the Act.
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In addition, under section 705(a)(2)(A) of the Act, the ITC found
that critical circumstances exist with respect to imports subject to
Commerce's affirmative critical circumstances determination under
section 735(a)(3) of the Act. Therefore, we intend to instruct CBP to
suspend liquidation of entries of subject merchandise entered for
consumption on or after September 7, 2024, through December 5, 2024.
Further, CBP will collect the appropriate cash deposit for estimated
antidumping duties for such entries.\22\
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\22\ See section 735(c)(4) of the Act; see also Statement of
Administrative Action Accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103-316, Vol. 1 (1994) (SAA), at 876 (``If both agencies
make affirmative critical circumstances determinations in their
final investigations, retroactive duties will be applied for a
period ninety days prior to suspension of liquidation.''); See also
CVD Final Determination.
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Estimated Countervailable Subsidy Rates
The estimated CVD subsidy rates are as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
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Guangdong Lvtong New Energy Electric Vehicle Technology 31.45
Co., Ltd...............................................
Hebei Machinery Import and Export Co., LTD.............. * 691.58
Shandong Odes Industry Co. Ltd.......................... * 691.58
Xiamen Dalle New Energy Automobile Co., Ltd............. 44.38
All Others.............................................. 41.14
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* Rate based on facts available with adverse inferences.
Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on December 6, 2024.\23\ As such, the four-
month period beginning on the date of the publication of the CVD
Preliminary Determination ended on April 4, 2025.
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\23\ See CVD Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to discontinue the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of LSPTVs from China entered or withdrawn from warehouse for
consumption, on or after April 5, 2025, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC final injury determination.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC final injury determination
in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\24\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\25\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\26\ In accordance with the Procedural Guidance, for
orders published in the Federal Register after November 4, 2021,
Commerce will create an annual inquiry service list segment in
Commerce's online e-filing and document management system, Antidumping
and Countervailing Duty Electronic Service System (ACCESS), available
at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication
of the order. Each annual inquiry service list will be saved in ACCESS,
under each case number, and under a specific segment type called ``AISL
Annual Inquiry Service List.'' \27\
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\24\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\25\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\26\ Id.
\27\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\28\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\28\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
[[Page 38763]]
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \29\ Accordingly, as stated
above, the petitioner and the Government of China should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for those orders
for which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the Government of China will not need
to resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioner
and the Government of China are responsible for making amendments to
their entries of appearance during the annual update to the annual
inquiry service list in accordance with the procedures described above.
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\29\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
LSPTVs from China, pursuant to sections 736(a) and 706(a) of the Act.
Interested parties can find a list of AD and CVD orders currently in
effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are issued and published in accordance with sections
736(a) and 706(a) of the Act, and 19 CFR 351.211(b).
Dated: August 6, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Orders
The merchandise covered by these orders consists of 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 generally 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. Vehicles
with a roof and four sides with doors and windows permanently
integrated into the chassis at the time of production (e.g., the
sides are welded to the chassis and roof) are not subject to the
order.
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 orders 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 the scope of these orders. 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 orders. 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. The SAE and OPEI
standards provided above are for reference purposes only, and
whether merchandise is certified to those standards is not
dispositive of whether that merchandise is subject to these orders.
An unfinished and/or unassembled LSPTV subject to these orders
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
orders, 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
orders. 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 orders whether or not they are accompanied by other parts.
These orders covers all LSPTVs and subassemblies meeting the
physical description of the scope, regardless of overall length,
width, or height. The following individual components of Chinese
origin that are entered by themselves on separate bills of lading
(i.e., not on the same bills of lading as Chinese-origin subject
subassemblies/rolling chassis) are not subject to these orders when
accompanied by the appropriate certification: seat assemblies,
steering columns, suspension systems, plastic cowlings, and electric
and gas-powered motors suitable for use in LSPTV. When entered with
(i.e., on the same bill of lading as) a Chinese-origin LSPTV or
subject rolling chassis, whether finished or unfinished and whether
assembled or unassembled, or when entered without the appropriate
certification, these components are subject merchandise.
LSPTVs and subassemblies subject to these orders 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 orders 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).
The LSPTVs subject to the orders are typically classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 8703.10.5030. LSPTVs subject to the orders may also enter
under HTSUS subheading 8703.10.5060 and 8703.90.0100. The LSPTV
subassemblies that are subject to the orders typically enter under
HTSUS subheadings 8706.00.1540 and 8707.10.0040. The HTSUS
subheadings are provided for convenience and customs purposes only,
and the written description of the merchandise subject to the orders
is dispositive.
[[Page 38764]]
Appendix II
Companies Eligible for a Separate Rate
----------------------------------------------------------------------------------------------------------------
Exporter Producer
----------------------------------------------------------------------------------------------------------------
1........................... Alwayz Electric Vehicle (Chuzhou) Co., Alwayz Electric Vehicle (Chuzhou) Co.,
Ltd. Ltd.
2........................... Dongguan Excar Electric Vehicle Co., Ltd Dongguan Excar Electric Vehicle Co.,
Ltd.
3........................... GD Evtong New Tech Co., Ltd............. Guangdong Yitong New Energy Technology
Co., Ltd.
4........................... Greenman Electric Vehicles Co., Ltd..... Greenman Electric Vehicles Co., Ltd.
5........................... Guangdong Marshell Electric Vehicle Co., Guangdong Marshell Electric Vehicle Co.,
Ltd. Ltd.
6........................... Guangdong Yatian Industrial Co., Ltd.... Guangdong Yatian Industrial Co., Ltd.
7........................... Guangdong Yitong New Energy Technology Guangdong Yitong New Energy Technology
Co., Ltd. Co., Ltd.
8........................... Guangzhou BorCart Electric Vehicle Co., Guangzhou Langqing Electric Car Co.,
Ltd. Ltd.
9........................... Guangzhou Langqing Electric Car Co., Ltd Guangzhou Langqing Electric Car Co.,
Ltd.
10.......................... Guangzhou Rariro Vehicle Co., Ltd....... Guangzhou Rariro Vehicle Co., Ltd.
11.......................... Guangzhou Sachs Bikes Technology Co., LuckyRam Technology Co., Ltd.
Ltd.
12.......................... Haike EV Co., Ltd....................... Shandong Haike Vehicle Technology Co.,
Ltd.
13.......................... Jiangsu FMX Electric Vehicle Co., Ltd... Jiangsu FMX Electric Vehicle Co., Ltd.
14.......................... Jiaxing Learoad Special Vehicle Co., Ltd Jiaxing Learoad Special Vehicle Co.,
Ltd.
15.......................... Kangdi Electric Vehicle (Hainan) Co., Kangdi Electric Vehicle (Hainan) Co.,
Ltd. Ltd.
16.......................... Qingdao Beemotor New Energy Vehicle Co., Shandong Haike Vehicle Technology Co.,
Ltd. Ltd.
17.......................... Qingdao Beemotor New Energy Vehicle Co., Dezhou Fuqing Vehicle Industry Co., Ltd.
Ltd.
18.......................... Shandong Qiaoke New Energy Auto Industry Shandong Qiaoke New Energy Auto Industry
Co., Ltd. Co., Ltd.
19.......................... Shandong Yongli New Energy Vehicle Dachi Intelligent Automobile (Rizhao)
Industry Co., Ltd. Co., Ltd.
20.......................... Shanghai Dachi Auto Power Co., Ltd...... Dachi Intelligent Automobile (Rizhao)
Co., Ltd.
21.......................... Shanghai Helios New Energy Technology Wuxi Yaxi Electric Vehicle Sales Co.,
Co., Ltd. Ltd.
22.......................... Shanghai Sirius International Trading Shanghai Sirius International Trading
Co., Ltd. Co., Ltd.
23.......................... Shanghai Yixing Power Technology Co., Shanghai Yixing Power Technology Co.,
Ltd. Ltd.
24.......................... Shenzhen Aoxiang Industrial Development Shenzhen Aoxiang Industrial Development
Co., Ltd. Co., Ltd.
25.......................... Shenzhen Lento New Energy Electric Guangdong Lantu Electric Vehicle Co.,
Vehicle Co., Ltd. Ltd.
26.......................... Suzhou Alwayz Electric Vehicle Suzhou Alwayz Electric Vehicle
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
27.......................... Suzhou Eagle Electric Vehicle Suzhou Eagle Electric Vehicle
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
28.......................... Suzhou Lexsong Electromechanical Wuxi Yaxi Electric Vehicle Co., Ltd.
Equipment Co., Ltd.
29.......................... Suzhou Lexsong Electromechanical Jiangsu Feimaxiang Technology Co., Ltd.
Equipment Co., Ltd.
30.......................... Suzhou Wintao Intelligent Technology Suzhou Wintao Intelligent Technology
Co., Ltd. Co., Ltd.
31.......................... Taiyuan Steel Engineering Corp., Ltd.... Wuxi Yaxi Electric Vehicle Sales Co.,
Ltd.
32.......................... Taizhou Yoki Carts Co., Ltd............. Taizhou Yoki Carts Co., Ltd.
33.......................... Top New Energy Technology (Dongguan) Guangdong Yitong New Energy Technology
Co., Ltd. Co., Ltd.
34.......................... Wuxi Hio Special Vehicle Co., Ltd....... Wuxi Hio Special Vehicle Co., Ltd.
35.......................... Wuxi Yaxi Electric Vehicle Sales Co., Wuxi Yaxi Electric Vehicle Co., Ltd.
Ltd.
36.......................... Xingtel Xiamen Group Co., Ltd........... Xingtel Xiamen Group Co., Ltd.
37.......................... Yangzhou Whanlong Electric Vehicle Co., Yangzhou Whanlong Electric Vehicle Co.,
Ltd. Ltd.
38.......................... Zhejiang Taotao Vehicles Co., Ltd....... Zhejiang Taotao Vehicles Co., Ltd.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2025-15244 Filed 8-11-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>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.