Notice2026-10526
Stationary and Portable Air Compressors From the People's Republic of China, Malaysia, and the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigations
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 27, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026)</title>
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[Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)]
[Notices]
[Pages 31425-31429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10526]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-233, C-557-837, C-552-857]
Stationary and Portable Air Compressors From the People's
Republic of China, Malaysia, and the Socialist Republic of Vietnam:
Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 20, 2026.
FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman and Maria Teresa
Aymerich at (202) 482-6467 and (202) 482-0499, respectively, (the
People's Republic of China (China)), Ted Pearson at (202) 482-2631
(Malaysia), and Henry Wolfe at (202) 482-0574 (the Socialist Republic
of Vietnam (Vietnam)), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 30, 2026, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
stationary and portable air compressors (air compressors) from China,
Malaysia, and Vietnam, filed in proper form on behalf of MAT
Industries, LLC (the petitioner), a domestic producer of air
compressors.\1\ The CVD Petitions were accompanied by antidumping duty
(AD) petitions concerning imports of air compressors from China,
Malaysia, and Vietnam.\2\
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\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated April 30, 2026
(Petitions).
\2\ Id.
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Between May 4 and 14, 2026, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\3\ Between May 8 and 18, 2026, the
petitioner filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
May 4, 2026 (Malaysia CVD Supplemental Questionnaire);
``Supplemental Questions,'' dated May 5, 2026 (First Vietnam CVD
Supplemental Questionnaire); ``Supplemental Questions,'' dated May
6, 2026 (First General Issues Questionnaire); ``Supplemental
Questions,'' dated May 8, 2026 (China CVD Supplemental
Questionnaire); ``Second Supplemental Questions,'' dated May 13,
2026 (Second Vietnam CVD Supplemental Questionnaire); see also
Memorandum, ``Teleconference with Counsel to the Petitioner,'' dated
May 14, 2026; and Memorandum, ``Teleconference with Counsel to the
Petitioner,'' dated May 19, 2026 (Third General Issues
Questionnaire).
\4\ See Petitioner's Letters, ``Response to the Supplemental
Questions Regarding Volume VII,'' dated May 8, 2026 (First Vietnam
CVD Supplement); ``Response to the General Issues Supplemental
Questions,'' dated May 11, 2026 (First General Issues Supplement);
``Response to the Supplemental Questions Regarding Volume VI,''
dated May 11, 2026 (Malaysia CVD Supplement); ``Response to the
Supplemental Questions Regarding Volume V,'' dated May 13, 2026
(China CVD Supplement); ``Response to the Second Supplemental
Questionnaire Regarding Volume VII,'' dated May 15, 2026 (Second
Vietnam CVD Supplement); ``Response to the Second Supplemental
Questionnaire Regarding Volume I,'' dated May 18, 2026 (Second
General Issues Supplement); and ``Response to the Third Supplemental
Questionnaire Regarding Volume I,'' dated May 20, 2026.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC), the Government of Malaysia (GOM), and the Government of Vietnam
(GOV) are providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of air compressors in
the respective countries and that such imports are materially injuring,
or threatening material injury to, the domestic industry producing air
[[Page 31426]]
compressors in the United States. Consistent with section 702(b)(1) of
the Act and 19 CFR 351.202(b), for those alleged programs on which we
are initiating CVD investigations, the Petitions were accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in sections 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigations.\5\
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\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation (POI)
Because the Petitions were filed on April 30, 2026, the POI for
each of the CVD investigations is January 1, 2025, through December 31,
2025.\6\
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\6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The products covered by these investigations are air compressors
from China, Malaysia, and Vietnam. For a full description of the scope
of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
Between May 6 and 19, 2026, Commerce requested information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ Between May 11 and 20, 2026, the petitioner provided
clarifications and revised the scope.\8\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\7\ See First General Issues Questionnaire; see also Second
General Issues Questionnaire; and Third General Issues
Questionnaire.
\8\ See First General Issues Supplement at 2-8; see also Second
General Issues Supplement at 1-4; and Third General Issues
Supplement at 1.
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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).\9\ 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 determinations. If scope comments include factual
information, all such factual information should be limited to public
information.\10\ Commerce requests that interested parties provide at
the beginning of their scope comments a public executive summary for
each comment or issue raised in their submission. Commerce further
requests that interested parties limit their public executive summary
of each comment or issue to no more than 450 words, not including
citations. Commerce intends to use the public executive summaries as
the basis of the comment summaries included in the analysis of scope
comments. To facilitate preparation of its questionnaires, Commerce
requests that scope comments be submitted by 5:00 p.m. Eastern Time
(ET) on June 9, 2026, 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 June 22, 2026, which is the next business day
after 10 calendar days from the initial comment deadline.\11\
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ The deadline for scope rebuttal comments falls on June 19,
2026, which is a federal holiday. Commerce's practice dictates that
where a deadline falls on a weekend or federal holiday, the
appropriate deadline is the next business day (in this instance,
June 22, 2026). See 19 CFR 351.303(b)(1) (``For both electronically
filed and manually filed documents, if the applicable due date falls
on a non-business day, the Secretary will accept documents that are
filed on the next business day.'').
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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. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
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.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ 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">https://access.trade.gov/help</a> and a handbook can be
found at <a href="https://access.trade.gov/ACCESSHandbookonElectronicFilingProcedures_March2026.pdf">https://access.trade.gov/ACCESSHandbookonElectronicFilingProcedures_March2026.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC, GOM, and GOV of the receipt of the Petitions and
provided an opportunity for consultations with respect to the
Petitions.\13\ Commerce held consultations with the GOM on May 18,
2026.\14\ The GOC and GOV did not request consultations.\15\
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\13\ See Commerce's Letter, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated April 9, 2026.
\14\ See Memorandum, ``Consultations with the Government of
Malaysia,'' dated May 18, 2026; see also GOM's Letter, ``The
Government of Malaysia's Statement for the Consultations on the
Countervailing Duty Petition,'' dated May 19, 2026.
\15\ See GOC's Letter, ``Comments on CVD Petition,'' dated May
15, 2026; see also GOC's Letter, ``Comments on CVD Petition: Alleged
Transnational Subsidy Programs,'' dated May 15, 2026; and GOV's
Letter, ``Comments on Countervailing Duty Petition,'' dated May 18,
2026.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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
[[Page 31427]]
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 apply
the same statutory definition regarding the domestic like product,\16\
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.\17\
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\16\ See section 771(10) of the Act.
\17\ 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 Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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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'' (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 investigations.\18\ Based on our analysis of the information
submitted on the record, we have determined that air compressors, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\19\
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\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Stationary and Portable Air Compressors from the
People's Republic of China, Malaysia, and the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Country-Specific CVD Initiation Checklists), at Attachment
II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Stationary and Portable Air
Compressors from the People's Republic of China, Malaysia, and the
Socialist Republic of Vietnam (Attachment II). These checklists are
on file electronically via ACCESS.
\19\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own shipments of air compressors in 2025 and compared this to the
estimated total shipments of the domestic like product for the entire
domestic industry.\20\ Because total production data for the domestic
like product for 2025 are not reasonably available to the petitioner,
and the petitioner has established that shipments are a reasonable
proxy for production data,\21\ we relied on data provided by the
petitioner for purposes of measuring industry support.\22\
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\20\ Id.
\21\ Id.
\22\ Id.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, the Third
General Issues Supplement, and other information readily available to
Commerce indicates that the petitioner has established industry support
for the Petitions.\23\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\24\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\25\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petition 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 Petitions.\26\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 702(b)(1) of the Act.\27\
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\23\ Id.
\24\ Id.; see also section 702(c)(4)(D) of the Act.
\25\ See Attachment II of Country-Specific CVD Initiation
Checklists.
\26\ Id.
\27\ Id.
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Injury Test
Because China, Malaysia, and Vietnam are ``Subsidies Agreement
Countries'' within the meaning of section 701(b) of the Act, section
701(a)(2) of the Act applies to these investigations. Accordingly, the
ITC must determine whether imports of the subject merchandise from
China, Malaysia, and Vietnam materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product.
The petitioner contends that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
reduced market share; underselling and price depression and
suppression; lost sales and revenues; decline in U.S. shipments and a
U.S. producer ceasing production; negative impact on financial
performance; and negative impact on investment in automation and
technology.\28\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\29\
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\28\ Id.
\29\ Id.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of air compressors from China, Malaysia, and Vietnam
benefit from countervailable subsidies conferred by the GOC, GOM, and
GOV. In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of this initiation.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 39 programs
alleged by the petitioner. For a full discussion of the basis for our
decision to initiate on each program, see the China CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
[[Page 31428]]
Malaysia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 23 programs
alleged by the petitioner. For a full discussion of the basis for our
decision to initiate on each program, see the Malaysia CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Vietnam
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 43 programs
alleged by the petitioner. For a full discussion of the basis for our
decision to initiate on each program, see the Vietnam CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
In the Petitions, the petitioner identified over 300 companies in
China, five companies in Malaysia and 12 companies in Vietnam as
producers/exporters of air compressors.\30\ Commerce intends to follow
its standard practice in CVD investigations and calculate company-
specific subsidy rates in these investigations. In the event that
Commerce determines that the number of companies is large and it cannot
individually examine each company based on Commerce's resources,
Commerce intends to select mandatory respondents based on quantity and
value (Q&V) questionnaires issued to the potential respondents.
Commerce normally selects mandatory respondents in CVD investigations
using U.S. Customs and Border Protection (CBP) entry data for U.S.
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 these investigations, one
of the main HTSUS subheadings under which the subject merchandise would
enter (HTSUS 8414.80.1685) is a basket category under which non-subject
merchandise may also enter. Therefore, we cannot rely on CBP entry data
in selecting respondents. Notwithstanding the decision to rely on Q&V
questionnaires for respondent selection, due to the large number of
Chinese producers and/or exporters identified in the Petition, Commerce
has determined to limit the number of Q&V questionnaires that it will
issue to Chinese producers and/or exporters based on CBP data for air
compressors from China during the POI under the appropriate HTSUS
subheadings listed in the ``Scope of the Investigations,'' in the
appendix.\31\ Accordingly, for China, Commerce will issue Q&V
questionnaires to the largest producers and/or exporters that are
identified in the CBP entry data for which there is complete address
information on the record. For Malaysia and Vietnam, we intend to issue
Q&V questionnaires to each potential respondent for which there is
complete address information on the record.
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\30\ See Petitions at Volume I (Exhibit 11); see also First
General Issues Supplement at Exhibit GI-SUPP-1; and Second General
Issues Supplement at Exhibit GI-SUPP2-1.
\31\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated May 19, 2026.
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Commerce will 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>. Producers/exporters of air compressors from China,
Malaysia, and Vietnam 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. ET on June 3, 2026, which is two weeks from the
signature date of this notice. All Q&V questionnaire responses must be
filed electronically via ACCESS. 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 a Copy of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions have been
provided to the GOC, GOM, and GOV via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petitions to each exporter named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of air compressors from China, Malaysia, and/or
Vietnam are materially injuring, or threatening material injury to, a
U.S. industry.\32\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\33\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
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\32\ See section 703(a)(1) of the Act.
\33\ Id.
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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 of production 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 \34\ 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.\35\ 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 these investigations.
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\34\ See 19 CFR 351.301(b).
\35\ See 19 CFR 351.301(b)(2).
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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
[[Page 31429]]
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\36\ 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 these investigations.\37\
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\36\ See 19 CFR 351.302.
\37\ 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>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\38\
Parties must use the certification formats provided in 19 CFR
351.303(g).\39\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\38\ See section 782(b) of the Act.
\39\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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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 these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\40\
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\40\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: May 20, 2026.
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 Investigations
The merchandise covered by these investigations consists of
certain stationary and portable air compressors, whether electric,
gas, or battery powered, including electric motor and gasoline
engine powered air compressors with either oil free or oil
lubricated reciprocating pumps, and with an integrated pressure
vessel that ranges in size from 1 to 80 gallons. The compressors may
be either direct drive or belt driven.
Direct drive air compressors included in the scope have a motor
connected directly to the compressor element. Belt driven air
compressors included in the scope have a motor connected to the
compressor crankshaft with a belt. Direct drive air compressors are
more often portable but can be stationary, while belt driven air
compressors are either portable or stationary.
Covered air compressors have a power level designation between
373 watts (0.5 HP) and 22.37 kilowatts (30 HP). Specifically,
portable air compressors often range in power from 0.5HP (373 watts)
to 15HP (11.19KW). Reciprocating stationary air compressors range in
power from 0.5HP (373 watts) to 25HP (18.64KW). However, a portable
or stationary air compressor with a different power level, within
the range of 373 watts to 22.37 KW, and otherwise meeting the
language of the scope, is covered by the scope. The scope includes
only certain reciprocating (piston) compressors, which use a piston
moving back and forth in a cylinder to compress the air. The scope
also includes unfinished compressors exported from the subject
countries. Subject merchandise also includes finished and unfinished
compressors that are further processed in a third country or in the
United States, including, but not limited to, assembly or any other
processing that would not otherwise remove the merchandise from the
scope of these investigations if performed in the country of
manufacture of the in-scope air compressors. The additional parts
used to complete ``unfinished compressors'' in a third country are
subject to the scope of these investigations.
For the purposes of this scope, ``unfinished compressors'' are
compressors which require additional fabrication such as labeling,
and packaging, and kitting operations adding accessories.
Specifically included in the scope are compressors which are
imported as part of a package with accessories or other products, or
kit. Such accessories include but are not limited to hoses,
fittings, tool kits, oils, nail guns, pneumatic paint sprayers, air
ratchet wrenches, air grease guns, air drills, air hammers, air
sanders, air inflators, and air impact drivers. If such accessories
or other products are imported separately from the air compressor,
such products are not subject to the scope of these investigations.
Specifically excluded from the scope are AC, DC, and battery
powered inflators without an integrated air tank or air reservoir
that have an output of 1 CFM or less.
The scope excludes rotary compressors. Types of rotary
compressors excluded from the scope are rotary screw, rotary vane,
and scroll compressors. The scope also excludes dynamic compressors.
Types of dynamic compressors excluded from the scope are centrifugal
compressors and axial compressors, where rotating impellers or
blades compress air.
The in-scope stationary air compressors are classified under
subheadings 8414.80.1615, 8414.80.1625, and 8414.80.1635 of the
Harmonized Tariff Schedule of the United States (HTSUS). The in-
scope portable air compressors are classified under subheading
8414.80.1685 of the HTSUS. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the covered merchandise is dispositive.
[FR Doc. 2026-10526 Filed 5-26-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 27, 2026.
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.