[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