Notice2026-00847
Lattice Boom Crawler Cranes From Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
Primary source
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Published
January 16, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that lattice boom crawler cranes (cranes) from Japan are being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2024, through March 31, 2025. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 91 Issue 11 (Friday, January 16, 2026)</title>
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[Federal Register Volume 91, Number 11 (Friday, January 16, 2026)]
[Notices]
[Pages 2098-2101]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00847]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-883]
Lattice Boom Crawler Cranes From Japan: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that lattice boom crawler cranes (cranes) from Japan are
being, or likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is April 1, 2024,
through March 31, 2025. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable January 16, 2026.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Thomas Schauer,
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) 482-0665 or (202)
482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on May 7,
2025.\1\ On August 21, 2025, Commerce published the postponement of the
preliminary determination of this investigation to November 6, 2025.\2\
Due to the lapse in appropriations and Federal Government shutdown, on
November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\3\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\4\ Accordingly, the deadline for the preliminary
determination is now January 13, 2026.
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\1\ See Lattice Boom Crawler Cranes from Japan: Initiation of
Less-Than-Fair-Value Investigation, 90 FR 19270 (May 7, 2025)
(Initiation Notice).
\2\ See Lattice Boom Crawler Cranes from Japan: Postponement of
Preliminary Determination in the Less-Than-Fair-Value Investigation,
90 FR 40817 (August 21, 2025).
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\5\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via ACCESS. ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Lattice Boom Crawler Cranes from Japan,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are cranes from Japan.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\7\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\8\
Commerce is not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice.
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\6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\7\ See Initiation Notice.
\8\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Lattice Boom Crawler Cranes from Japan: Preliminary Scope Decision
Memorandum,'' dated concurrently with this preliminary determination
(Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Constructed export prices have been calculated
in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce preliminarily calculated a dumping
margin of zero percent for Sumitomo Heavy Industries Construction
Cranes Co., Ltd. (Sumitomo). Therefore, the
[[Page 2099]]
only rate that is not zero, de minimis, or based entirely on facts
otherwise available is the rate calculated for Kobelco Construction
Machinery Co., Ltd. (Kobelco). Consequently, the rate calculated for
Kobelco is also assigned as the rate for all other producers and
exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Kobelco Construction Machinery Co., Ltd..................... 2.79
Sumitomo Heavy Industries Construction Cranes Co., Ltd...... 0.00
All Others.................................................. 2.79
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Consistent with section 733(b)(3) of the Act, Commerce disregards
zero or de minimis rates and preliminarily determines that Sumitomo, an
individually examined respondent with a zero rate, has not made sales
of subject merchandise at LTFV.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise except as explained below; and (3) the cash
deposit rate for all other producers and exporters will be equal to the
all-others estimated weighted-average dumping margin.
Because the estimated weighted-average dumping margin for Sumitomo
is zero or de minimis, entries of shipments of subject merchandise from
this company will not be subject to suspension of liquidation or cash
deposit requirements. In such a situation, Commerce applies the
exclusion to the provisional measures to the producer/exporter
combination that was examined in the investigation. Accordingly,
Commerce is directing CBP not to suspend liquidation of entries of
subject merchandise produced and exported by Sumitomo. Entries of
shipments of subject merchandise from this company in any other
producer/exporter combination, or by third parties that sourced subject
merchandise from the excluded producer/exporter combination, are
subject to the provisional measures at the all-others rate.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combination identified above,
entries of shipments of subject merchandise from this producer/exporter
combination will be excluded from the potential antidumping duty order.
Such an exclusion is not applicable to merchandise exported to the
United States by this respondent in any other producer/exporter
combinations or by third parties that sourced subject merchandise from
the excluded producer/exporter combination.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, address any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. A timeline for the submission of case briefs and
written comments will be notified to interested parties at a later
date. 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.\9\ Interested parties who submit case briefs or rebuttal briefs
in this investigation must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\10\
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\9\ 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).
\10\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\11\ 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 determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the public executive summary of each issue. Note
[[Page 2100]]
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ 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, within 30 days
after the date of publication of this notice. Requests should contain
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date, time, and location of the
hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that a request by exporters for postponement of the final determination
be accompanied by a request for extension of provisional measures from
a four-month period to a period not more than six months in duration.
On October 10 and November 20, 2025, respectively, pursuant to 19
CFR 351.210(e), Sumitomo and Kobelco requested that Commerce postpone
the final determination and that provisional measures be extended to a
period not to exceed six months.\13\ In accordance with section
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is affirmative; (2) the requesting exporters
account for a significant proportion of exports of the subject
merchandise; and (3) no compelling reasons for denial exist, Commerce
is postponing the final determination and extending the provisional
measures from a four-month period to a period not greater than six
months. Accordingly, Commerce will make its final determination no
later than 135 days after the date of publication of this preliminary
determination.
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\13\ See Sumitomo's Letter, ``Request to Postpone Final
Determination,'' dated October 10, 2025; and Kobelco's Letter,
``Request for Postponement of Final Determination and Extension of
Provisional Measures,'' dated November 20, 2025.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether these imports are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: January 13, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for for
Enforcement and Compliance.
Appendix I
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 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,
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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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Particular Market Situation
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2026-00847 Filed 1-15-26; 8:45 am]
BILLING CODE 3510-DS-P
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