[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9576-9579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03660]


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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: Final Affirmative Determination of 
Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) 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).

DATES: Applicable February 22, 2022.

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

    On September 30, 2021, Commerce published in the Federal Register 
its preliminary determination in the LTFV investigation of mobile 
access equipment from China, in which it also postponed the final 
determination until February 14, 2022.\1\ We invited interested parties 
to comment on the Preliminary Determination. For a summary of the 
events that occurred since Commerce published the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for this final determination, see the Issues and Decision 
Memorandum.\2\
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    \1\ See 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, 86 FR 
54164 (September 30, 2021) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China: Decision 
Memorandum for the Final Affirmative Determination of Sales at Less-
Than-Fair-Value,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Period of Investigation

    The period of investigation is July 1, 2020, through December 31, 
2020.

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

    On July 26, 2021, we issued a Preliminary Scope Decision 
Memorandum.\3\ As discussed in the Preliminary Determination, Commerce 
did not modify the scope language as it appeared in the Initiation 
Notice.\4\ Interested parties were provided an opportunity to comment 
on the Preliminary Scope Decision Memorandum in scope case and rebuttal 
briefs.\5\ We received comments from interested parties on the 
Preliminary Scope Decision Memorandum, which we addressed in the Final 
Scope Decision Memorandum.\6\ Commerce is modifying the scope language 
as it appeared in the Preliminary Determination. See Appendix I for the 
final scope of this investigation.
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    \3\ See Memorandum, ``Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China: Decision 
Memorandum for the Final Affirmative Determination of Sales at Less-
Than-Fair-Value,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
    \4\ See Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Initiation of Less-
Than-Fair-Value Investigation, 86 FR 15922, 15927 (March 25, 2021) 
(Initiation Notice).
    \5\ See Preliminary Scope Decision Memorandum at 2.
    \6\ See Memorandum, ``Antidumping Duty and Countervailing Duty 
Investigations of Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Final Scope Decision 
Memorandum,'' dated October 12, 2021 (Final Scope Decision 
Memorandum).
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Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information provided by the two mandatory 
respondents, Zhejiang Dingli Machinery Co., Ltd. (Dingli) and Lingong 
Group Jinan Heavy Machinery

[[Page 9577]]

Co., Ltd. (LGMG) we relied upon in making this final determination, in 
accordance with section 782(i) of the Tariff Act of 1930, as amended 
(the Act).\7\
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    \7\ See Commerce's Letters, ``In-lieu of on-site Verification 
Questionnaire,'' dated November 1, 2021; and, ``In-lieu of on-site 
Verification Questionnaire,'' dated October 19, 2021.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by interested parties in this investigation are addressed in 
the Issues and Decision Memorandum. For a list of the issues raised by 
interested parties and addressed in the Issues and Decision Memorandum, 
see Appendix II to this notice. The Issues and Decision Memorandum is a 
public document and is available 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 Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

China-Wide Entity and Use of Adverse Facts Available

    For the reasons explained in the Preliminary Determination, we 
continue to find that the use of adverse facts available (AFA), 
pursuant to sections 776(a) and (b) of the Act, is warranted in 
determining the rate for the China-wide entity.\8\ In selecting the AFA 
rate for the China-wide entity, Commerce's practice it to select a rate 
that is sufficiently adverse to ensure that the uncooperative party 
does not obtain a more favorable result by failing to cooperate than if 
it had fully cooperated.\9\ As AFA, we assigned the China-wide entity a 
dumping margin of 165.30 percent, which is the highest calculated rate 
in this investigation. Because this constitutes primary information, 
the statutory corroboration requirement in section 776(c) of the Act 
does not apply.
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    \8\ See Preliminary Determination PDM at 16-18.
    \9\ See, e.g., Certain Uncoated Paper from Indonesia: Final 
Determination of Sales at Less Than Fair Value , 81 FR 3101 (January 
20, 2016).
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for Dingli and LGMG. For a 
discussion of these changes, see the ``Changes from the Preliminary 
Determination'' section of the Issues and Decision Memorandum.

Separate Rates

    For the final determination, we continue to find that Dingli and 
LGMG are eligible for separate rates. Generally, Commerce looks to 
section 735(c)(5)(A) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for separate rate respondents which we did not 
individually examine. Because the calculated dumping margins of the 
mandatory respondents, Dingli and LGMG, are not zero, de minimis , or 
based entirely on facts available, consistent with section 735(c)(5)(A) 
of the Act and our practice,\10\ based on publicly ranged sales data, 
we assigned the weighted average of these mandatory respondents' 
margins to all non-individually examined companies that qualified for a 
separate rate.
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    \10\ See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
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Combination Rates

    In the Initiation Notice,\11\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. For the list of 
respondents that established eligibility for separate rates and the 
exporter/producer combination rates applicable to these respondents, 
see the Final Determination section.
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    \11\ See Initiation Notice, 86 FR at 15926.
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Final Determination

    Commerce determines that the estimated weighted-average dumping 
margins are as follows:

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                                                                                              Cash deposit rate
                                                                        Estimated  weighted-    (adjusted for
                 Exporter                            Producer             average  dumping     subsidy offsets)
                                                                         margin  (percent)        (percent)
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Lingong Group Jinan Heavy Machinery Co.,   Lingong Group Jinan Heavy                 165.30               165.10
 Ltd.                                       Machinery Co., Ltd.
Zhejiang Dingli Machinery Co., Ltd.......  Zhejiang Dingli Machinery                  31.70                31.54
                                            Co., Ltd.
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                        Separate Rate Applicable to the Following Non-Selected Companies
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                                                                                              Cash deposit rate
    Non-selected exporter receiving a      Producer supplying the non-  Estimated  weighted-    (adjusted for
              separate rate                selected exporter receiving    average  dumping     subsidy offsets)
                                                 a separate rate         margin  (percent)        (percent)
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Hunan Sinoboom Intelligent Equipment Co.,  Hunan Sinoboom Intelligent                 51.83                51.66
 Ltd.                                       Equipment Co., Ltd.
Mantall Heavy Industry Co., Ltd..........  Mantall Heavy Industry Co.,                51.83                51.66
                                            Ltd.
Noblelift Intelligent Equipment Co., Ltd.  Noblelift Intelligent                      51.83                51.66
                                            Equipment Co., Ltd.
Oshkosh JLG (Tianjin) Equipment            Noblelift Intelligent                      51.83                51.66
 Technology Co., Ltd.                       Equipment Co., Ltd.
Sany Marine Heavy Industry Co., Ltd......  Sany Marine Heavy Industry                 51.83                51.66
                                            Co., Ltd.
Terex (Changzhou) Machinery Co., Ltd.....  Terex (Changzhou) Machinery                51.83                51.66
                                            Co, Ltd.
Xuzhou Construction Machinery Group Imp.   Xuzhou Construction                        51.83                51.66
 & Exp. Co., Ltd.                           Machinery Group Fire-
                                            Fighting Safety Equipment
                                            Co., Ltd.
China-Wide Entity........................                                            165.30               165.14
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[[Page 9578]]

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries 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.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the 
publication of this notice, Commerce will instruct CBP to require a 
cash deposit equal to the weighted-average amount by which the normal 
value exceeds U.S. price as follows: (1) For the producer/exporter 
combinations listed in the table above, the cash deposit rate will be 
the rate identified 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 the rate established for the China-wide entity; 
and (3) for all non-Chinese exporters of subject merchandise which have 
not established eligibility for their own separate rates, the cash 
deposit rate will be the cash deposit rate applicable to the Chinese 
producer/exporter combination (or China-wide entity) that supplied that 
non-Chinese 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 CVD 
proceeding when CVD provisional measures are in effect. For a 
discussion of the applicable adjustments for this final determination, 
see Issues and Decision Memorandum.\12\ These suspension of liquidation 
instructions will remain in effect until further notice.
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    \12\ See Issues and Decision Memorandum at 4-5.
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of our final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of mobile access equipment from China no later 
than 45 days after this final determination. If the ITC determines that 
such injury does exist, Commerce will issue an antidumping duty order 
directing CBP to assess, upon further instructions by Commerce, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation, as discussed above in the 
``Continuation of Suspension of Liquidation'' section of this notice.

Notification Regarding Administrative Protective Order

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an Administrative Protective Order (APO) of their 
responsibility concerning the destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: February 14, 2022.
Lisa W. Wang,
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 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/or (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

[[Page 9579]]

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 Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Adjustment Under Section 777A(f) of the Act
VI. Adjustment to Cash Deposit Rate For Export Subsidies
VII. Changes Since the Preliminary Determination
VIII. Discussion of the Issues

    Issues Related to Dingli
    Comment 1: Should China to the United States Ocean Freight 
Surrogate Values (SVs) be Revised
    Comment 2: Should World to Brazil Ocean Freight SVs be Revised
    Comment 3: Should Commerce Multiply the Value of Marine 
Insurance to Cover 110 percent of the Total Value of the Goods 
Shipped
    Comment 4: Should Commerce Include Research and Development 
Expenses in General and Administrative Expenses for Further 
Manufacturing
    Comment 5: Should Commerce Reject Dingli's Submission of 
Untimely New Factual Information
    Comment 6: Should Commerce Make Revisions to its SVs for 
Dingli's Inputs for the Final Determination
    Comment 7: Should Commerce Value Certain Inputs that Include 
Alloy and Non-Alloy Harmonized Tariff Schedule Headings Based on a 
Simple Average of SVs
    Comment 8: Whether Commerce's Application of the Cohen's-d Test 
to Dingli's U.S. Sales is Unsupported by Substantial Evidence and 
Controlling Law

    Issues Related LGMG
    Comment 9: Should Commerce Revise its SVs for LGMG's Inputs for 
the Final Determination
    Comment 10: Should Commerce Apply Circumstance of Sale 
Adjustments to Certain LGMG Sales for the Final Determination

    Issues Related to Dingli and LGMG
    Comment 11: Should Commerce Deduct Section 301 Duties from U.S. 
Sales Prices in Calculating Dingli's and LGMG's Dumping Margin

    Issues Related to Skyjack Inc. (Skyjack)

    Comment 12: Whether Skyjack is Entitled to a Separate Rate
IX. Recommendation

 [FR Doc. 2022-03660 Filed 2-18-22; 8:45 am]
 BILLING CODE 3510-DS-P