Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Preliminary Results and Rescission, in Part, of the Countervailing Duty Administrative Review; 2023
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Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies were provided to Zhejiang Dingli Machinery Co., Ltd. (Dingli), and its cross-owned affiliates, a producer and exporter of mobile access equipment and subassemblies thereof (MAE) from the People's Republic of China (China). The period of review (POR) is January 1, 2023, through December 31, 2023. In addition, Commerce is rescinding this review, in part, with respect to 26 companies. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 91 Issue 112 (Thursday, June 11, 2026)</title>
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[Federal Register Volume 91, Number 112 (Thursday, June 11, 2026)]
[Notices]
[Pages 35459-35462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11687]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-140]
Mobile Access Equipment and Subassemblies Thereof From the
People's Republic of China: Preliminary Results and Rescission, in
Part, of the Countervailing Duty Administrative Review; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies were provided to Zhejiang Dingli
Machinery Co., Ltd. (Dingli), and its cross-owned affiliates, a
producer and exporter of mobile access equipment and subassemblies
thereof (MAE) from the People's Republic of China (China). The period
of review (POR) is January 1, 2023, through December 31, 2023. In
addition, Commerce is rescinding this review, in part, with respect to
26 companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable June 11, 2026.
FOR FURTHER INFORMATION CONTACT: Paul Senoyuit, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6106.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2025, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the countervailing duty order on MAE from
[[Page 35460]]
China.\1\ On March 7, 2025, Commerce selected Dingli as the mandatory
respondent in this review.\2\ On April 28, 2025, the Coalition of
American Manufacturers of Mobile Access Equipment (the petitioners)
timely withdrew its request for review for two companies.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 8187 (January 27, 2025) (Initiation
Notice); see also Certain Mobile Access Equipment and Subassemblies
Thereof From the People's Republic of China: Countervailing Duty
Order and Amended Final Affirmative Countervailing Duty
Determination, 86 FR 70439 (December 10, 2021) (Order).
\2\ See Memorandum, ``Respondent Selection,'' dated March 7,
2025.
\3\ See Company's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated April 28, 2025 (Partial Withdrawal of
Request).
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\4\ Further, 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.\5\ On January 16, 2026, Commerce extended the deadline for
issuing these preliminary results by 111 days, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act).\6\ On May 28, 2026, Commerce extended the deadline for issuing
these preliminary results by six days, in accordance with section
751(a)(3)(A) of the Act.\7\
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\4\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\5\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
January 16, 2026.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated May
28, 2026.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics included in the Preliminary Decision Memorandum is
provided as Appendix I 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/frnotices">https://access.trade.gov/frnotices</a>.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Mobile
Access Equipment and Subassemblies Thereof from the People's
Republic of China; 2023,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is MAE from China. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested the review withdraw their requests within 90 days of the date
of publication of the notice of initiation. As noted above, Commerce
received timely-filed withdrawal requests with respect to Oshkosh JLG
(Tianjin) Equipment Technology Co., Ltd and Terex (Changzhou) Machinery
Co., Ltd, and no other parties requested a review of these companies.
Therefore, we are rescinding this administrative review with respect to
Oshkosh JLG (Tianjin) Equipment Technology Co., Ltd and Terex
(Changzhou) Machinery Co., Ltd., pursuant to 19 CFR 351.213(d)(1).
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of a countervailing duty order where
it concludes that there were no suspended entries of subject
merchandise during the POR.\9\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the CVD
assessment rate calculated for the POR.\10\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct U.S. Customs and Border
Protection (CBP) to liquidate at the CVD rate calculated for the
POR.\11\ Commerce notified all interested parties of its intent to
rescind this administrative review regarding the companies listed in
Appendix III.\12\ No party commented on this memorandum. In the absence
of any suspended entries of subject merchandise from these companies
during the POR, we are rescinding this administrative review for the
companies listed in Appendix III, in accordance with 19 CFR
351.213(d)(3).
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\9\ See, e.g., Certain Non-Refillable Steel Cylinders from the
People's Republic of China: Rescission of Countervailing Duty
Administrative Review; 2024, 90 FR 48043 (October 3, 2025).
\10\ See 19 CFR 351.212(b)(2).
\11\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F.Supp.3d 1328, 1337 (CIT 2019), at 12 (referring to section
751(a) of the Act, the U.S. Court of International Trade held that
``{w{time} hile the statute does not explicitly require that an
entry be suspended as a prerequisite for establishing entitlement to
a review, it does explicitly state the determined rate will be used
as the liquidation rate for the reviewed entries. This result can
only obtain if the liquidation of entries has been suspended''; see
also Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018-2019, 86 FR 36102, and
accompanying Issues and Decision Memorandum at Comment 4; and Solid
Fertilizer Grade Ammonium Nitrate from the Russian Federation:
Notice of Rescission of Antidumping Duty Administrative Review, 77
FR 65532 (October 29, 2012) (noting that ``for an administrative
review to be conducted, there must be a reviewable, suspended entry
to be liquidated at the newly calculated assessment rate'').
\12\ See Memorandum, '' Notice of Intent to Rescind Review, In
Part,'' dated February 9, 2026 (Intent to Rescind Memorandum).
Oshkosh JLG (Tianjin) Equipment Technology Co., Ltd. was included in
the list of companies to be rescinded on in Commerce's Intent to
Rescind Memorandum. However, as explained above, the petitioners
timely withdrew its request for this company.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\13\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available with adverse inferences pursuant
to sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\13\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Rate for Non-Individually Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to apply to companies not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(e)(2) of the Act. Generally, Commerce looks to
section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a CVD investigation. Section
777A(e)(2) of the Act provides that ``the individual countervailable
subsidy rates determined under subparagraph (A) shall be used to
determine the all-others rate under section 705(c)(5) {of the
Act{time} .''
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Under section 705(c)(5)(A)(i) of the Act, the all-others rate is
normally an amount equal to the weighted average countervailable
subsidy rates established for each of the companies individually
investigated, excluding any rates that are zero, de minimis (i.e., less
than 0.5 percent), or determined entirely on the basis of facts
available. Where the countervailable subsidy rates for each of the
individually examined companies is zero, de minimis, or based entirely
on facts available, section 705(c)(5)(A)(ii) of the Act provides that
Commerce may use ``any reasonable method to establish an all-others
rate for exporters and producers not individually investigated,
including averaging the weighted average countervailable subsidy rates
determined for the exporters and producers individually investigated.''
In this administrative review, we preliminarily calculated an
individual estimated countervailable subsidy rate for Dingli, the sole
individually examined respondent in this review. Because this
individually calculated subsidy rate is not zero, de minimis, or based
entirely on facts otherwise available, we are preliminarily assigning
the subsidy rate calculated for Dingli to the companies under review
that were not selected for individual examination, pursuant to section
705(c)(5)(A)(i) of the Act.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates exist for the POR, January
1, 2023, through December 31, 2023:
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Subsidy rate (percent
Company ad valorem)
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Zhejiang Dingli Machinery Co. Ltd.; Zhejiang 36.49
Green Power Machinery Co., Ltd.; Zhejiang
Shengda Fenghe Automotive Equipment Co., Ltd.;
Zhejiang Xieheng Intelligent Equipment Co.,
Ltd.\14\........................................
Companies Not Selected for Individual Review \15\ 36.49
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Disclosure
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\14\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross owned with
Dingli: Zhejiang Green Power Machinery Co., Ltd.; Zhejiang Shengda
Fenghe Automotive Equipment Co., Ltd.; and Zhejiang Xieheng
Intelligent Equipment Co., Ltd.
\15\ See Appendix II for a list of the non-selected companies
under review.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results 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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\16\ 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.\17\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\18\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\16\ See 19 CFR 351.309.
\17\ 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 Procedures).
\18\ See 19 CFR 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.\19\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\20\
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\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time 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 (3) a list of issues to be discussed. Oral presentations at the
hearing will be limited to issues raised in the briefs. If a request
for a hearing is made, Commerce will inform parties of the scheduled
date for the hearing.\21\
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\21\ See 19 CFR 351.310(d).
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Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the companies listed above and in Appendix III for which the
review is being rescinded, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). Commerce intends to issue rescission
instructions to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
Dingli and the companies listed in Appendix II no earlier than 35 days
after the date of publication of the final results of this review in
the Federal Register.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.107(e),
Commerce intends to instruct CBP to collect cash deposits of estimated
countervailing duties with regard to shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review, as follows:
(1) the cash deposit
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rate for the companies listed above will be equal to the company-
specific estimated individual countervailable subsidy rates determined
in the final results of this review, except if the rate is less than
0.50 percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2) if
both the producer and exporter of the subject merchandise have company-
specific estimated subsidy rates assigned, and their rates differ, then
the applicable cash deposit rate will be the higher of these two rates;
(3) if either the producer or the exporter, but not both, of the
subject merchandise has a company-specific estimated subsidy rate
assigned, the applicable cash deposit rate will be that company's
company-specific rate; and (4) the cash deposit rate for all other
producers and exporters will be continue to be 12.98 percent, the all-
others subsidy rate established in the investigation.\22\ These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
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\22\ See the Order, 86 FR at 70441.
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Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, which will include the
results of Commerce's analysis of the issues raised in the case briefs,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: June 4, 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 I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Use of Facts Otherwise Available and Application of Adverse
Inference
VI. Subsidies Valuation Information
VII. Benchmarks
VIII. Analysis of Programs
IX. Recommendation
Appendix II
List of Non-Selected Companies Under Review Receiving a Review-Specific
Rate
1. Hunan Sinoboom Intelligent Equipment Co., Ltd.
2. Lingong Group Jinan Heavy Machinery Co., Ltd.; Linyi Lingong
Machinery Group Co., Ltd.
3. Shandong Tavol Machinery Co., Ltd.
4. Xuzhou Construction Machinery Group
5. Xuzhou Construction Machinery Group Imp. & Exp. Co., Ltd.
Appendix III
Companies Rescinded From Review with No Reviewable Entries During the
POR <SUP>23</SUP>
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\23\ Oshkosh JLG (Tianjin) Equipment Technology Co., Ltd. was
included in the list of companies to be rescinded on in Commerce's
Intent to Rescind Memorandum. However, as explained above, the
petitioners timely withdrew its request for this company.
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1. Anhui Heli Industrial Vehicle Imp. & Exp. Co., Ltd
2. Changzhou Hengxuan Logistics Co., Ltd.
3. Crown Equipment (Suzhou) Co., Ltd.
4. Deqing Liguan Machinery Trading Co. Ltd.
5. Dongguan Tinbo Packing Industrial Co., Ltd.
6. Everocean International Forwarding Co., Ltd.
7. Guangxi LiuGong Machinery Co., Ltd.
8. Guangzhou Eounice Machinery Co., Ltd.
9. Hangzhou Hengli Metal Processing Co., Ltd.
10. Jiaxing Xinfeng Zhong Wang Hydrualic Pressure Accessory Factory
11. Leader Technology Co., Ltd
12. Mantall Heavy Industry Co., Ltd.
13. Noblelift Intelligent Equipment Co., Ltd.
14. Sany Marine Heavy Industry Co., Ltd.
15. Shanghai Full Trans Global Forwarding Co., Ltd.
16. Shanghai Inter Cooperation Co., Ltd.
17. Shanghai Xiangcheng Trading Co., Ltd.
18. Shanghai Xindun Trade Co., Ltd.
19. Shenzhen Shining Ocean International Logistics Co., Ltd
20. Skyjack Inc
21. Wuhai Huadong Heavy Industry Foundry Co., Ltd.
22. Yantai Carhart Manufacturing Co., Ltd.
23. Zhejiang Smile Tools Co., Ltd
24. Zoomlion Heavy Industry Science & Technology Co., Ltd.
Companies Rescinded From Review Due to Withdrawal of Review Requests
1. Oshkosh JLG (Tianjin) Equipment Technology Co., Ltd.
2. Terex (Changzhou) Machinery Co., Ltd.
[FR Doc. 2026-11687 Filed 6-10-26; 8:45 am]
BILLING CODE 3510-DS-P
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