[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54164-54167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21257]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-139]


Certain Mobile Access Equipment and Subassemblies Thereof From 
the People's Republic of China: Preliminary Affirmative Determination 
of Sales at Less Than Fair Value, Postponement of Final Determination, 
and Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain mobile access equipment and subassemblies thereof (mobile 
access equipment) from the People's Republic of China (China) are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is July 1, 2020, 
through December 31, 2020. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable September 30, 2021.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Andre Gziryan, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 or (202) 
482-2201, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on March 25, 
2021.\1\ On July 1, 2021, Commerce postponed the preliminary 
determination of this investigation, and the revised deadline is now 
September 24, 2021.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.
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    \1\ See Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Initiation of Less-
Than-Fair-Value Investigation, 86 FR at 15922 (March 25, 2021) 
(Initiation Notice).
    \2\ See Mobile Access Equipment and Subassemblies Thereof from 
the People's Republic of China: Postponement of Preliminary 
Determination in the Less-Than-FairValue Investigation, 86 FR 35059 
(July 1, 2021).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of Sales in the Less Than Fair Value Investigation of 
Certain Mobile Access Equipment and Subassemblies Thereof from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are mobile access 
equipment from China. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties provided comments on the scope of the investigation, as it 
appeared in the Initiation Notice. For a summary of all scope related 
comments submitted to the record for this investigation, and 
accompanying discussion and analysis of all comments timely received, 
see the Preliminary Scope Decision Memorandum.\6\ As discussed in the 
Preliminary Scope Decision

[[Page 54165]]

Memorandum, Commerce is not modifying the scope language as it appeared 
in the Initiation Notice. See the complete description of the scope in 
Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China: Scope 
Comments Decision Memorandum for the Preliminary Determination,'' 
dated July 26, 2021 (Preliminary Scope Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export prices in accordance 
with section 772(a) of the Act and constructed export prices in 
accordance with section 772(b) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act, 
Commerce calculated normal value in accordance with section 773(c) of 
the Act.
    In addition, pursuant to sections 776(a) and (b) of the Act, 
Commerce preliminarily relied upon facts otherwise available, with 
adverse inferences, for the China-wide Entity. For a full description 
of the methodology underlying Commerce's preliminary determination, see 
the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\7\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\ In this investigation, we calculated 
producer/exporter combination rates for respondents eligible for 
separate rates.
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    \7\ See Initiation Notice, 65 FR at 15926.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

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                                                                                     Estimated     Cash deposit
                                                                                     weighted-         rate
                                                                                      average     (adjusted  for
                  Exporter                                 Producer                   dumping         subsidy
                                                                                      margin         offsets)
                                                                                     (percent)       (percent)
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Lingong Group Jinan Heavy Machinery Co.,     Lingong Group Jinan Heavy Machinery          275.06          274.86
 Ltd.                                         Co., Ltd.
Zhejiang Dingli Machinery Co., Ltd.........  Zhejiang Dingli Machinery Co., Ltd.           17.78            7.07
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                        Separate Rate Applicable to the Following Non-Selected Companies
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                                                                                     Estimated     Cash deposit
                                                                                     weighted-    rate (adjusted
Non-selected exporter  receiving a separate  Producer supplying the non-selected      average       for subsidy
                    rate                     exporter  receiving a separate rate  dumping margin     offsets)
                                                                                     (percent)       (percent)
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Hunan Sinoboom Intelligent Equipment Co.,    Hunan Sinoboom Intelligent                    56.55           47.42
 Ltd.                                         Equipment Co., Ltd.
Mantall Heavy Industry Co., Ltd............  Mantall Heavy Industry Co., Ltd....           56.55           47.42
Noblelift Intelligent Equipment Co., Ltd...  Noblelift Intelligent Equipment               56.55           47.42
                                              Co., Ltd.
Oshkosh JLG (Tianjin) Equipment Technology   Noblelift Intelligent Equipment               56.55           47.42
 Co., Ltd.                                    Co., Ltd.
Sany Marine Heavy Industry Co., Ltd........  Sany Marine Heavy Industry Co., Ltd           56.55           47.42
Terex (Changzhou) Machinery Co., Ltd.......  Terex (Changzhou) Machinery Co, Ltd           56.55           47.42
Xuzhou Construction Machinery Group Imp. &   Xuzhou Construction Machinery Group           56.55           47.42
 Exp. Co., Ltd.                               Fire-Fighting Safety Equipment
                                              Co., Ltd.
China-Wide Entity..........................  ...................................          275.06          274.86
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise, as described in the scope of the investigation 
in Appendix I, entered, or withdrawn from warehouse, for consumption on 
or after the date of publication of this notice in the Federal 
Register, as discussed below. Further, pursuant to section 733(d)(1)(B) 
of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require 
a cash deposit equal to the weighted average amount by which normal 
value exceeds U.S. price, as indicated in the chart above, as follows: 
(1) For the producer/exporter combinations listed in the table above, 
the cash deposit rate is equal to the estimated weighted-average 
dumping margin listed for that combination in the table; (2) for all 
combinations of Chinese producers/exporters of subject merchandise that 
have not established eligibility for their own separate rates, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin established for the China-wide entity; and (3) for all third-
county exporters of subject merchandise not listed in the table above, 
the cash deposit rate is the cash deposit rate applicable to the 
Chinese producer/exporter combination (or China-wide entity) that 
supplied that third-country exporter.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce has made a preliminary 
affirmative determination for domestic subsidy pass-through or export 
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted 
rates may be found in the Preliminary Determination section's chart of 
estimated weighted-average dumping margins above.
    Should the provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation,

[[Page 54166]]

Commerce will direct CBP to begin collecting cash deposits at a rate 
equal to the estimated weighted-average dumping margins calculated in 
this preliminary determination unadjusted for the passed-through 
domestic subsidies or for export subsidies at the time the CVD 
provisional measures expire. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of its 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).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Commerce will 
notify interested parties of the timeline for the submission of case 
briefs and written comments at a later date. Rebuttal briefs, limited 
to issues raised in case briefs, may be submitted no later than seven 
days after the deadline date for case briefs.\9\ Note that Commerce has 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\10\ Pursuant to 
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this investigation are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \10\ 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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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm the date and time of the hearing two 
days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by respondents for postponement of a final antidumping 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On September 8 and 13, 2021, respectively, pursuant to 19 CFR 
351.210(e), Zhejiang Dingli Machinery Co., Ltd. (Dingli) and Lingong 
Group Jinan Heavy Machinery Co., Ltd. (LGMG) requested that Commerce 
postpone the final determination and that provisional measures be 
extended to a period not to exceed six months.\11\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because 
(1) the preliminary determination is affirmative; (2) the requesting 
exporters account for a significant proportion of exports of the 
subject merchandise; and (3) no compelling reasons for denial exist, 
Commerce is postponing the final determination and extending the 
provisional measures from a four-month period to a period not greater 
than six months. Accordingly, Commerce will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.
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    \11\ See Dingli's Letter, ``Dingli Request to Postpone Final 
Determination in the Antidumping Duty Investigation of Certain 
Mobile Access Equipment and Subassemblies Thereof from the People 
Republic of China: (A-570-139),'' dated September 8, 2021; see also 
LGMG's Letter, ``Certain Mobile Access Equipment and Subassemblies 
Thereof from China; AD Investigation; Request for Postponement of 
Final Determination and Extension of Provisional Measures Period,'' 
dated September 13, 2021.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether these imports of the subject merchandise are 
materially injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: September 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--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

[[Page 54167]]

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, 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.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
VI. Adjustment Under Section 777(A)(F) of the Act
VII. Adjustment to Cash Deposit Rate for Export Subsidies
VIII. Recommendation

[FR Doc. 2021-21257 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P