[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15905-15910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06181]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-140]


Certain Mobile Access Equipment and Subassemblies Thereof From 
the People's Republic of China: Initiation of Countervailing Duty 
Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable March 18, 2021.

FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3642.

SUPPLEMENTARY INFORMATION: 

The Petition

    On February 26, 2021, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
certain mobile access equipment and

[[Page 15906]]

subassemblies thereof (mobile access equipment) from the People's 
Republic of China (China) filed in proper form on behalf of the 
Coalition of American Manufacturers of Mobile Access Equipment (the 
petitioner),\1\ the members of which are domestic producers of mobile 
access equipment.\2\ The Petition was accompanied by an antidumping 
duty (AD) petition concerning certain mobile access equipment and 
subassemblies thereof from China.\3\
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    \1\ The members of the Coalition of American Manufacturers of 
Mobile Access Equipment are: JLG Industries, Inc. and Terex 
Corporation.
    \2\ See Petitioner's Letter, ``Certain Mobile Access Equipment 
and Subassemblies Thereof from the People's Republic of China: 
Petitions for the Imposition of Antidumping and Countervailing 
Duties,'' dated February 26, 2021 (the Petition).
    \3\ Id.
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    On March 2, 9, and 12, 2021, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\4\ On March 
5, 8, 12, and 15, 2021, the petitioner filed responses to these 
requests for additional information.\5\
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    \4\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Certain Mobile Access Equipment 
and Subassemblies Thereof from the People's Republic of China: 
Supplemental Questions,'' dated March 2, 2021 and ``Petitions for 
the Imposition of Antidumping and Countervailing Duties on Imports 
Certain Mobile Access Equipment and Subassemblies Thereof from the 
People's Republic of China: Supplemental Questions,'' dated March 2, 
2021 (General Issues Supplemental); see also Memorandum, ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports Certain Mobile Access Equipment and Subassemblies Thereof 
from the People's Republic of China: Phone Call with Counsel to the 
Petitioner,'' dated March 9, 2021 (Phone Call with Petitioner's 
Counsel Memorandum); and Memorandum, ``Petitions for the Imposition 
of Antidumping and Countervailing Duties on Imports of Certain 
Mobile Access Equipment and Subassemblies Thereof from the People's 
Republic of China: Phone Call with Counsel to the Petitioner,'' 
dated March 12, 2021 (Second Phone Call with Petitioner's Counsel 
Memorandum).
    \5\ See Petitioner's Letters, ``Certain Mobile Access Equipment 
and Subassemblies Thereof from the People's Republic of China: 
Responses to Supplemental Questionnaire on Volume I of the 
Petition,'' dated March 5, 2021 (General Issues Supplement); 
``Certain Mobile Access Equipment and Subassemblies Thereof from the 
People's Republic of China: Response to Supplemental Questionnaire 
on Volume III of the Petition,'' dated March 8, 2021(CVD 
Supplement); ``Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Responses to the Second 
Supplemental Questionnaire on Volume I of the Petition,'' dated 
March 12, 2021 (Second General Issues Supplement); and ``Certain 
Mobile Access Equipment and Subassemblies Thereof from the People's 
Republic of China: Responses to Third Supplemental Questionnaire on 
Volume I of the Petition,'' dated March 15, 2021 (Third General 
Issues Supplement).
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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) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of mobile access 
equipment in China and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing 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 a CVD 
investigation, the Petition is supported by information reasonably 
available to the petitioner.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(E) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigation.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because the Petition was filed on February 26, 2021, the period of 
investigation is January 1, 2020, through December 31, 2020.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The merchandise covered by this investigation is mobile access 
equipment from China. For a full description of the scope of this 
investigation, see the appendix to this notice.

Comments on Scope of the Investigation

    On March 2, 9, 12, and 17, 2021, Commerce requested further 
information from the petitioner regarding the proposed scope to ensure 
that the scope language in the Petition is an accurate reflection of 
the products for which the domestic industry is seeking relief.\8\ On 
March 5, 12, 15, 16, and 18, 2021, the petitioner revised the scope.\9\ 
The description of the merchandise covered by this investigation, as 
described in the appendix to this notice, reflects these 
clarifications. In its March 16, 2021, submission, the petitioner 
revised the scope to add an exclusion for rail line vehicles and 
certain rail line vehicle subassemblies.\10\ In its March 18, 2021, 
submission, the petitioner further revised the scope to clarify the 
exclusion for such products as follows: ``The scope also excludes: (1) 
Rail line vehicles, defined as vehicles with hi-rail gear or track 
wheels, and a fixed (non-telescopic) main boom, which perform 
operations on rail lines, such as laying rails, setting ties, or other 
rail maintenance jobs; and (2) certain rail line vehicle subassemblies, 
defined as chassis subassemblies and boom turntable subassemblies for 
rail line vehicles with a fixed (non-telescopic) main boom.'' \11\ 
While Commerce has adopted this provision for purposes of initiation, 
we note that the petitioner filed the revised scope containing this 
additional exclusion late in the 20-day period provided for Commerce's 
analysis of the Petition,\12\ and as such, we invite further comments 
on this exclusion from parties to this proceeding.
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    \8\ See General Issues Supplemental at 3-4; see also Phone Call 
with Petitioner's Counsel Memorandum at 1-2; Second Phone Call with 
Petitioner's Counsel Memorandum at 1-2; and Memorandum, ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Certain Mobile Access Equipment and Subassemblies Thereof 
from the People's Republic of China: Phone Call with Counsel to the 
Petitioner,'' dated March 17, 2021 at 1-2.
    \9\ See General Issues Supplement at 6-8; see also Second 
General Issues Supplement at 1-6; Third General Issues Supplemental 
at 1-3; and Petitioner's Letters, ``Certain Mobile Access Equipment 
and Subassemblies Thereof from the People's Republic of China: 
Revision to Scope of Antidumping and Countervailing Duty 
Investigations,'' dated March 16, 2021 (March 16, 2021, Scope 
Revision) and ``Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Revision to 
Clarification Request Regarding the Scope of Antidumping and 
Countervailing Duty Investigations,'' dated March 18, 2021 (March 
18, 2021, Scope Revision).
    \10\ See March 16, 2021, Scope Revision at 1-4.
    \11\ See March 18, 2021, Scope Revision at 1-4.
    \12\ See 19 CFR 351.203(b)(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).\13\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\14\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on April 7, 2021, which is 20 calendar days from the signature 
date of this notice.\15\ Any rebuttal comments, which may include 
factual information, must be filed by 5:00 p.m. ET on April 19, 2021, 
which is the next business day after 10

[[Page 15907]]

calendar days from the initial comment deadline.\16\
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    \13\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \14\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \15\ See 19 CFR 351.303(b).
    \16\ 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, April 17, 2021). See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005) (Next Business Day 
Rule); see also 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All scope comments must also be 
filed on the record of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\17\ An electronically filed document must be 
received successfully in its entirety by the time and date it is due.
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    \17\ 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 https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided it the 
opportunity for consultations with respect to the CVD Petition.\18\ The 
GOC requested consultations,\19\ which were held via video conference 
on March 15, 2021.\20\
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    \18\ See Commerce's Letter, ``Certain Mobile Access Equipment 
and Subassemblies Thereof from the People's Republic of China: 
Invitation for Consultations to Discuss the Countervailing Duty 
Petition,'' dated March 3, 2021.
    \19\ See GOC's Letter, ``Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China, Request 
for Consultation to Discuss the Countervailing Duty Petition,'' 
dated March 11, 2021.
    \20\ See Memorandum, '' Consultations with Officials from the 
Government of China Regarding the Countervailing Duty Petition 
Concerning Certain Mobile Access Equipment and Subassemblies Thereof 
from the People's Republic of China,'' dated March 16, 2021.
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Determination of Industry Support for the Petition

    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 International Trade Commission (ITC), which 
is 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 must apply the same statutory definition regarding the domestic 
like product,\21\ 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.\22\
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    \21\ See section 771(10) of the Act.
    \22\ 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 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 investigation.\23\ Based on our analysis of the information 
submitted on the record, we have determined that mobile access 
equipment, as defined in the scope, constitutes a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\24\
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    \23\ See Petition at Volume I at 19-23 and Exhibits I-3, I-17, 
and I-18; see also General Issues Supplement at 8-12 and Exhibits I-
Supp-5 through I-Supp 13 and I-Supp-17.
    \24\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Countervailing Duty Investigation Initiation Checklist: 
Certain Mobile Access Equipment and Subassemblies Thereof from the 
People's Republic of China'' dated concurrently with this Federal 
Register notice (China CVD Initiation Checklist) at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China 
(Attachment II).
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own shipments of mobile access equipment in 2020.\25\ The petitioner 
estimated the production of the domestic like product for the entire 
domestic industry based on shipment data, because production data for 
the entire domestic industry are not available, and shipments are a 
close approximation of production in the mobile access equipment 
industry.\26\ The petitioner compared its shipments to the estimated 
total 2020 shipments of the domestic like product for the entire 
domestic industry.\27\ We relied on data

[[Page 15908]]

provided by the petitioner for purposes of measuring industry 
support.\28\
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    \25\ See Petition at Volume I at 2-5 and Exhibit I-5 and I-16; 
see also General Issues Supplement at 14; Second General Issues 
Supplement at 7-8 and Exhibit I-Supp2-1; and Third General Issues 
Supplement at 3 and Exhibit I-Supp3-1.
    \26\ See Petition at Volume I at 2-5 and Exhibits I-3, I-5, I-6, 
and I-16; see also General Issues Supplement at 13-18 and Exhibit I-
Supp-14; Second General Issues Supplement at 7-8 and Exhibit I-
Supp2-1; and Third General Issues Supplement at 3 and Exhibit I-
Supp3-1.
    \27\ See Petition at Volume I at 2-5 and Exhibits I-3, I-5, I-6, 
and I-16; see also General Issues Supplement at 13-18 and Exhibits 
I-Supp-14 through I-Supp-16; Second General Issues Supplement at 7-8 
and Exhibit I-Supp2-1; and Third General Issues Supplement at 3 and 
Exhibit I-Supp3-1.
    \28\ See Petition at Volume I at 2-5 and Exhibits I-3, I-5, I-6, 
and I-16; see also General Issues Supplement at 13-18 and Exhibits 
I-Supp-14 through I-Supp-16; Second General Issues Supplement at 7-8 
and Exhibit I-Supp2-1; and Third General Issues Supplement at 3 and 
Exhibit I-Supp3-1.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, the Second General Issue Supplement, the Third General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\29\ First, the Petition 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).\30\ 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 Petition account for at least 25 percent of the total 
production of the domestic like product.\31\ 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 Petition.\32\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\33\
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    \29\ See Attachment II of the China CVD Initiation Checklist.
    \30\ Id.; see also section 732(c)(4)(D) of the Act.
    \31\ See Attachment II of the China CVD Initiation Checklist.
    \32\ Id.
    \33\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China 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 
benefitting from countervailable subsidies and that such imports 
threaten to cause material injury to the U.S. industry producing the 
domestic like product. In addition, the petitioner alleges that subject 
imports exceed the negligibility threshold provided for under section 
771(24)(A) of the Act.\34\
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    \34\ See Petition at Volume I at 26-27 and Exhibit I-19.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; declines in production, shipments, net sales, 
and capacity utilization; decline in employment; and declining 
financial performance and profitability.\35\ 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.\36\
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    \35\ Id. at 18-19, 23-39 and Exhibits I-3, I-6, I-14 through I-
16, I-20 through I-26, and I-30 through I-41.
    \36\ See China CVD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Mobile Access Equipment and Subassemblies Thereof 
from the People's Republic of China.
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Initiation of CVD Investigation

    Based upon our examination of the Petition and supplemental 
responses, we find that the Petition meets the requirements of section 
702 of the Act. Therefore, we are initiating a CVD investigation to 
determine whether imports of mobile access equipment from China benefit 
from countervailable subsidies conferred by the GOC. Based on our 
review of the Petition, we find that there is sufficient information to 
initiate a CVD investigation on all 35 alleged programs. For a full 
discussion of the basis for our decision to initiate on each program, 
see China CVD Initiation Checklist. The initiation checklist for this 
investigation is available on ACCESS. In accordance with section 
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 65 days after the 
date of this initiation.

Respondent Selection

    The petitioner named 19 companies in China as producers and/or 
exporters of mobile access equipment.\37\ Commerce intends to follow 
its standard practice in CVD investigations and calculate company-
specific subsidy rates in this investigation. In the event Commerce 
determines that the number of companies is large and it cannot 
individually examine each company based upon Commerce's resources, 
where appropriate, 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) numbers listed in the scope of 
the investigation. However, for this investigation, one of the HTSUS 
numbers under which the subject merchandise would enter (i.e., 
8431.20.0000) is a basket category under which non-subject merchandise 
may enter. Therefore, we cannot rely on CBP entry data in selecting 
respondents. We intend instead to issue Q&V questionnaires to each 
potential respondent for which the petitioner has provided a complete 
address.
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    \37\ See Petition at Volume I at Exhibit-11.
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    Producers/exporters of mobile access equipment from China that do 
not receive Q&V questionnaires by mail may still submit a response to 
the Q&V questionnaire and can obtain the Q&V questionnaire from E&C's 
website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Responses to the Q&V questionnaire must be submitted by the 
relevant Chinese producers/exporters no later than 5:00 p.m. ET on 
April 5, 2021. All Q&V 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 
E&C's website at http://enforcement.trade.gov/apo. Commerce intends to 
finalize its decisions regarding respondent selection within 20 days of 
publication of this notice.

Distribution of Copies of the Petition

    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 Petition has been 
provided to the GOC via ACCESS. Furthermore, to the extent practicable, 
Commerce will attempt to provide a copy of the public

[[Page 15909]]

version of the Petition to each exporter named in the Petition, 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 Petition was filed, whether there is a reasonable 
indication that imports of mobile access equipment from China are 
materially injuring, or threatening material injury to, a U.S. 
industry.\38\ A negative ITC determination will result in the 
investigation being terminated.\39\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \38\ See section 703(a)(1) of the Act.
    \39\ 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 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 \40\ 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.\41\ 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 this investigation.
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    \40\ See 19 CFR 351.301(b).
    \41\ 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 
limit established under 19 CFR 351.301.\42\ 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, Commerce 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, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Commerce's regulations concerning the extension of time 
limits prior to submitting extension requests or factual information in 
this investigation.\43\ Parties should review Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in this investigation.
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    \42\ See 19 CFR 351.302.
    \43\ See 19 CFR 351; see also Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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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.\44\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\45\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \44\ See section 782(b) of the Act.
    \45\ 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 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305. 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of document submission procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).\46\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\47\
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    \46\ See Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008).
    \47\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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: March 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation consists of 
certain mobile access equipment, which consists primarily of boom 
lifts, scissor lifts, and material telehandlers, and subassemblies 
thereof. Mobile access equipment combines a mobile (self-propelled 
or towed) chassis, with a lifting device (e.g., scissor arms, boom 
assemblies) for mechanically lifting persons, tools and/or materials 
capable of reaching a working height of ten feet or more, and a 
coupler that provides an attachment point for the lifting device, in 
addition to other components. The scope of this investigation covers 
mobile access equipment and subassemblies thereof whether finished 
or unfinished, whether assembled or unassembled, and whether the 
equipment contains any additional features that provide for 
functions beyond the primary lifting function.
    Subject merchandise includes, but is not limited to, the 
following subassemblies:
     Scissor arm assemblies, or scissor arm sections, for 
connection to chassis and platform assemblies. These assemblies 
include: (1) Pin assemblies that connect sections to form scissor 
arm assemblies, and (2) actuators that power the arm assemblies to 
extend and retract. These assemblies may or may not also include 
blocks that allow sliding of end sections in relation to frame and 
platform, hydraulic hoses, electrical cables, and/or other 
components;
     boom assemblies, or boom sections, for connection to 
the boom turntable, or to the chassis assembly, or to a platform 
assembly or to a lifting device. Boom assemblies include telescoping 
sections where the smallest section (or tube) can be nested in the 
next larger section (or tube) and can slide out for extension and/or 
articulated sections joined by pins. These assemblies may or may not 
include pins, hydraulic cylinders, hydraulic hoses, electrical 
cables, and/or other components;
     chassis assemblies, for connection to scissor arm 
assemblies, or to boom assemblies, or to boom turntable assemblies. 
Chassis assemblies include: (1) Chassis frames, and (2) frame 
sections. Chassis assemblies may or may not include axles,

[[Page 15910]]

wheel end components, steering cylinders, engine assembly, 
transmission, drive shafts, tires and wheels, crawler tracks and 
wheels, fuel tank, hydraulic oil tanks, battery assemblies, and/or 
other components;
     boom turntable assemblies, for connection to chassis 
assemblies, or to boom assemblies. Boom turntable assemblies include 
turntable frames. Boom turntable assemblies may or may not include 
engine assembly, slewing rings, fuel tank, hydraulic oil tank, 
battery assemblies, counterweights, hoods (enclosures), and/or other 
components.
    Importation of any of these subassemblies, whether assembled or 
unassembled, constitutes unfinished mobile access equipment for 
purposes of this investigation.
    Processing of finished and unfinished mobile access equipment 
and subassemblies such as trimming, cutting, grinding, notching, 
punching, slitting, drilling, welding, joining, bolting, bending, 
beveling, riveting, minor fabrication, galvanizing, painting, 
coating, finishing, assembly, or any other processing either in the 
country of manufacture of the in-scope product or in a third country 
does not remove the product from the scope. Inclusion of other 
components not identified as comprising the finished or unfinished 
mobile access equipment does not remove the product from the scope.
    The scope excludes forklifts, vertical mast lifts, mobile self-
propelled cranes and motor vehicles that incorporate a scissor arm 
assembly or boom assembly. Forklifts are material handling vehicles 
with a working attachment, usually a fork, lifted along a vertical 
guide rail with the operator seated or standing on the chassis 
behind the vertical mast. Vertical mast lifts are person and 
material lifting vehicles with a working attachment, usually a 
platform, lifted along a vertical guide rail with an operator 
standing on the platform. Mobile self-propelled cranes are material 
handling vehicles with a boom attachment for lifting loads of tools 
or materials that are suspended on ropes, cables, and/or chains, and 
which contain winches mounted on or near the base of the boom with 
ropes, cables, and/or chains managed along the boom structure. The 
scope also excludes motor vehicles (defined as a vehicle driven or 
drawn by mechanical power and manufactured primarily for use on 
public streets, roads, and highways, but does not include a vehicle 
operated only on a rail line pursuant to 49 U.S.C. 30102(a)(7)) that 
incorporate a scissor arm assembly or boom assembly. The scope 
further excludes vehicles driven or drawn by mechanical power 
operated only on a rail line that incorporate a scissor arm assembly 
or boom assembly. The scope also excludes: (1) Rail line vehicles, 
defined as vehicles with hi-rail gear or track wheels, and a fixed 
(non-telescopic) main boom, which perform operations on rail lines, 
such as laying rails, setting ties, or other rail maintenance jobs; 
and (2) certain rail line vehicle subassemblies, defined as chassis 
subassemblies and boom turntable subassemblies for rail line 
vehicles with a fixed (non-telescopic) main boom.
    Certain mobile access equipment subject to this investigation is 
typically classifiable under subheadings 8427.10.8020, 8427.10.8030, 
8427.10.8070, 8427.10.8095, 8427.20.8020, 8427.20.8090, 8427.90.0020 
and 8427.90.0090 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Parts of certain mobile access equipment are 
typically classifiable under subheading 8431.20.0000 of the HTSUS. 
While the HTSUS subheadings are provided for convenience and customs 
purposes only, the written description of the merchandise under 
investigation is dispositive.

[FR Doc. 2021-06181 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P