[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35067-35069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09458]


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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 Results and Partial 
Rescission of Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Zhejiang Dingli Machinery Co., Ltd. (Dingli), the sole 
mandatory respondent in this review and an exporter of certain mobile 
access equipment and subassemblies thereof (MAE) from the People's 
Republic of China (China), sold subject merchandise in the United 
States at prices below normal value (NV) during the period of review 
April 13, 2022, through March 31, 2023. In addition, Commerce is 
rescinding this review with respect to Oshkosh JLG (Tianjin) Equipment 
Technology Co., Ltd. (Oshkosh), Lingong Group Jinan Heavy Machinery 
Co., Ltd. (Lingong), and Terex (Changzhou) Machinery Co., Ltd. (Terex). 
Interested parties are invited to comment on these preliminary results 
of review.

DATES: Applicable May 1, 2024.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.

SUPPLEMENTARY INFORMATION:

Background

    On April 14, 2022, Commerce published in the Federal Register the 
antidumping duty order on MAE from China.\1\ On June 12, 2023, based on 
timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), 
we initiated this administrative review of the Order with respect to 
four companies.\2\ On December 11, 2023, we extended the deadline for 
the preliminary results of this review to April 26, 2024.\3\ For a 
complete description of the events that occurred since the initiation 
of this review, see the Preliminary Decision Memorandum.\4\ 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 https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix to this 
notice.
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    \1\ See Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Antidumping Duty Order, 
87 FR 22190 (April 14, 2022) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
11, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Mobile Access Equipment and Subassemblies Thereof from the People's 
Republic of China; 2022-2023,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order 5
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    \5\ See Order, 87 FR at 22190.
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    The merchandise covered by the Order is MAE from China. A full 
description of the scope of the Order is contained in the Preliminary 
Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. On July 
11, 2023, the petitioner \6\ timely withdrew its request for an 
administrative review of Oshkosh.\7\ On July 26, 2023, Lingong timely 
withdrew its request for an administrative review.\8\ On August 8, 
2023, the petitioner timely withdrew its request

[[Page 35068]]

for an administrative review of Terex.\9\ Because there are no 
outstanding review requests for these companies, Commerce is rescinding 
the administrative review of Oshkosh, Lingong, and Terex, consistent 
with 19 CFR 351.213(d)(1).
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    \6\ The petitioner is the Coalition of American Manufacturers of 
Mobile Access Equipment.
    \7\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated July 11, 2023.
    \8\ See Lingong's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated July 26, 2023.
    \9\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated August 8, 2023.
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Separate Rate

    Commerce preliminary determines that Dingli is eligible to receive 
a separate rate in this administrative review. For additional 
information, see the Preliminary Decision Memorandum.

China-Wide Entity

    Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\10\ Under this 
policy, the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity in 
this review, the China-wide entity is not under review, and the China-
wide entity's rate (i.e., 165.14 percent) is not subject to change.
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    \10\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.\11\
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    \11\ See Preliminary Decision Memorandum.
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Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period April 13, 2022, through March 31, 
2023, for the mandatory respondent:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Zhejiang Dingli Machinery Co., Ltd..........................        9.33
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Disclosure and Public Comment

    Commerce intends to disclose its calculations performed in these 
preliminary results to interested parties within five days after the 
date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to Commerce no later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than five days after the 
date for filing case briefs.\12\ Interested parties who submit case 
briefs or rebuttal briefs in this administrative review must submit: 
(1) a table of contents listing each issue; and (2) a table of 
authorities.\13\ As provided under 19 CFR 351.309(c)(2) and (d)(2), in 
prior proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\14\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue.
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    \12\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and whether any 
participant is a foreign national; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in case and rebuttal briefs.
    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\15\ An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\16\
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    \15\ See 19 CFR 351.303.
    \16\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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Final Results of Review

    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, including the results of 
its analysis of issues raised in written briefs, no later than 120 days 
after the date of publication of this notice in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon completion of the final results, Commerce shall determine and 
U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries of subject merchandise covered by 
this review.
    If an examined respondent's weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.50 percent) in the final results 
of this review, we intend to calculate an importer-specific assessment 
rate for antidumping duties based on the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\17\ If the weighted-average dumping margin for Dingli or 
an importer-specific assessment rate is zero or de minimis in the final 
results of this review, we intend to instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\18\ The final 
results of this administrative review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\19\
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    \17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \18\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \19\ See section 751(a)(2)(C) of the Act.
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    For the companies for which we are rescinding this administrative 
review, antidumping duties shall be assessed at rates equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, during the period of 
review, in accordance with 19 CFR 351.212(c)(1)(i).
    Commerce intends to issue assessment instructions to CBP no

[[Page 35069]]

earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on, or after, the publication date of 
the final results of review, as provided in section 751(a)(2)(C) of the 
Act: (1) for the subject merchandise exported by the company listed 
above that has a separate rate, the cash deposit rate will be equal to 
the weighted-average dumping margin established in the final results of 
this administrative review (except, if the rate is zero or de minimis, 
then zero cash deposit will be required); (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters of subject 
merchandise not listed above that received a separate rate in a prior 
segment of this proceeding, the cash deposit rate will continue to be 
the existing exporter-specific rate; (3) for all Chinese exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be that for the China-wide 
entity, i.e., 165.14 percent; \20\ and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
separate rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter that supplied that non-Chinese exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \20\ See Order, 87 FR at 22191, adjusted for export subsidies as 
outlined in Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Final Affirmative 
Determination of Sales at Less Than Fair Value, 87 FR 9576, 9578 
(February 22, 2022).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of this 
administrative review in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4).

    Dated: April 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Adjustment Under Section 777A(f) of the Act
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-09458 Filed 4-30-24; 8:45 am]
BILLING CODE 3510-DS-P