[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57865-57870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15604]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-176]


Certain Low Speed Personal Transportation Vehicles From the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation

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

DATES: Applicable July 10, 2024.

FOR FURTHER INFORMATION CONTACT: Gorden Struck or Jerry Xiao, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8151 or (202) 482-2273, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On June 20, 2024, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
certain low speed personal transportation vehicles (LSPTVs) from the 
People's Republic of China (China) filed in proper form on behalf of 
the American Personal Transportation Vehicle Manufacturers Coalition 
(the petitioner).\1\ The AD Petition was accompanied by a 
countervailing duty (CVD) petition concerning imports of LSPTVs from 
China.\2\
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    \1\ See Petitioner's Letter, ``Petition for the Imposition of 
Antidumping and Countervailing Duties,'' dated June 20, 2024 (the 
Petition). The members of the petitioning coalition are Club Car, 
LLC and Textron Specialized Vehicles Inc. See Petition at Volume I 
(page 1 and Exhibit I-1).
    \2\ See, generally, Petition.
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    Between June 24 and July 8, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petition in 
supplemental questionnaires.\3\ The petitioner responded to Commerce's 
supplemental questionnaires between June 28 and July 9, 2024.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
June 24, 2024 (General Issues Questionnaire); and ``Supplemental 
Questions,'' dated June 24, 2024; and ``Third General Issues 
Questionnaire,'' dated July 8, 2024 (Third General Issues 
Questionnaire); see also Memorandum, ``Phone Call with Counsel to 
Petitioner,'' dated July 5, 2024 (July 5 Memorandum).
    \4\ See Petitioner's Letters, ``Petitioner's Response to First 
Supplemental Questionnaire Regarding Common Issues and Injury Volume 
I of the Petition,'' dated June 28, 2024 (First General Issues 
Supplement); ``Petitioner's Response to First Supplemental 
Questionnaire Regarding China Antidumping Duty Volume II of the 
Petition,'' dated June 28, 2024; ``Petitioner's Responses to the 
Scope Supplemental Questionnaire Regarding Common Issues and Injury 
Volume I of the Petition,'' dated July 8, 2024 (Scope Supplement); 
and ``Petitioner's Responses to Second Supplemental Questionnaire 
Regarding Common Issues and Injury Volume I of the Petition,'' dated 
July 9, 2024 (Second General Issues Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of LSPTVs from 
China are being, or are likely to be, sold in the United States at less 
than fair value (LTFV) within the meaning of section 731 of the Act, 
and that imports of such products are materially injuring, or 
threatening material injury to, the LSPTVs industry in the United 
States. Consistent with section 732(b)(1) of the Act, the Petition was 
accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in sections 771(9)(C) and (E) of the Act.\5\ Commerce also 
finds that the petitioner demonstrated sufficient industry support for 
the initiation of the requested LTFV investigation.\6\
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    \5\ The American Personal Transportation Vehicle Manufacturers 
Coalition is an interested party under section 771(9)(E) of the Act, 
while the members of the petitioning coalition are interested 
parties under section 771(9)(C) of the Act.
    \6\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
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Period of Investigation

    Because the Petition was filed on June 20, 2024, and because China 
is a non-market economy (NME) country, pursuant to 19 CFR 
351.204(b)(1), the period of investigation (POI) for this China LTFV 
investigation is October 1, 2023, through March 31, 2024.

Scope of the Investigation

    The products covered by this investigation are LSPTVs from China. 
For a full description of the scope of this investigation, see the 
appendix to this notice.

Comments on the Scope of the Investigation

    Between June 24 and July 8, 2024, Commerce requested information 
and clarification 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.\7\ Between June 28 and July 9, 2024, the petitioner provided

[[Page 57866]]

clarifications and revised the scope.\8\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \7\ See General Issues Questionnaire; see also July 5 Memorandum 
and Third General Issues Questionnaire.
    \8\ See First General Issues Supplement at 1-17; see also Scope 
Supplement at 1-7 and Exhibits 1 and 2; and Second General Issues 
Supplement at 2-4.
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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).\9\ Commerce will consider all scope 
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,\10\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern 
Time (ET) on July 30, 2024, which is 20 calendar days from the 
signature date of this notice.\11\ Any rebuttal comments, which may 
include factual information, and should also be limited to public 
information, must be filed by 5:00 p.m. ET on August 9, 2024, which is 
10 calendar days from the initial comment deadline.\12\
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b)(1).
    \12\ Id.
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    Commerce requests that any factual information that parties 
consider relevant to the scope of this investigation be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
LTFV and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\13\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \13\ 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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Comments on Product Characteristics

    Commerce is providing interested parties with an opportunity to 
comment on the appropriate physical characteristics of LSPTVs to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOP) accurately, as well as to develop appropriate product 
comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaire, all 
product characteristics comments must be filed by 5:00 p.m. ET on July 
30, 2024, which is 20 calendar days from the signature date of this 
notice.\14\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
August 9, 2024, which is 10 calendar days from the initial comment 
deadline. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of the 
LTFV investigation.
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    \14\ See 19 CFR 351.303(b)(1).
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Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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 U.S. 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,\15\ 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.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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.\17\ Based on our analysis of the information 
submitted on the record, we have determined that LSPTVs, as defined in 
the scope, constitute a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\18\
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    \17\ See Petition at Volume I (pages 18-25 and Exhibits 4, 10, 
and 21-29); see also First General Issues Supplement at 18.
    \18\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Certain Low Speed Personal Transportation Vehicles from 
the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (China AD Initiation Checklist) at 
Attachment II, Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering Certain Low Speed Personal 
Transportation Vehicles from the People's Republic of China 
(Attachment II). This checklist is on file electronically via 
ACCESS.

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[[Page 57867]]

    In determining whether the petitioner has standing under section 
732(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 
2023 production of the domestic like product.\19\ The petitioner 
estimated the production of the domestic like product for the remaining 
U.S. producers of LSPTVs.\20\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\21\
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    \19\ See Petition at Volume I (pages 2-3 and Exhibit 3); see 
also First General Issues Supplement at 18; and Second General 
Issues Supplement at 1-2.
    \20\ See Petition at Volume I (pages 2-3 and Exhibits 3 and 4); 
see also First General Issues Supplement at 18-21 and Exhibit I-
Supp-2; and Second General Issues Supplement at 1-2.
    \21\ See Petition at Volume I (pages 2-3 and Exhibits 3 and 4); 
see also First General Issues Supplement at 18-21 and Exhibit I-
Supp-2; and Second General Issues Supplement at 1-2. For further 
discussion, see Attachment II of the China AD Initiation Checklist.
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\22\ 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).\23\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(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.\24\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
732(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.\25\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 732(b)(1) of the 
Act.\26\
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    \22\ See Attachment II of the China AD Initiation Checklist.
    \23\ Id.; see also section 732(c)(4)(D) of the Act.
    \24\ See Attachment II of the China AD Initiation Checklist.
    \25\ Id.
    \26\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\27\
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    \27\ See Petition at Volume I (pages 29-30 and Exhibit 30).
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant and increasing volume of subject 
imports; declining market share; underselling and price depression and/
or suppression; lost sales and revenues; declines in production, 
capacity utilization, and U.S. shipments; declines in production-
related workers, hours worked, and wages paid; decline in financial 
performance; and the magnitude of the alleged dumping margins.\28\ 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.\29\
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    \28\ See Petition at Volume I (pages 16-18, 26-48 and Exhibits 
13, 18-22, 24-25, and 31-62); see also First General Issues 
Supplement at 21-22.
    \29\ See China AD Initiation Checklist at Attachment III, 
``Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Low Speed Personal Transportation Vehicles from the 
People's Republic of China.''
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate an LTFV 
investigation of imports of LSPTVs from China. The sources of data for 
the deductions and adjustments relating to U.S. price and normal value 
(NV) are discussed in greater detail in the China AD Initiation 
Checklist.

U.S. Price

    The petitioner based constructed export price (CEP) on pricing 
information for sales, or offers for sale, of LSPTVs produced in and 
exported from China.\30\ The petitioner made certain adjustments to 
U.S. price to calculate a net ex-factory U.S. price, where 
applicable.\31\
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    \30\ See China AD Initiation Checklist.
    \31\ Id.
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Normal Value

    Commerce considers China to be an NME country.\32\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of this China LTFV investigation. 
Accordingly, we base NV on FOPs valued in a surrogate market economy 
country in accordance with section 773(c) of the Act.
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    \32\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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    The petitioner claims that T[uuml]rkiye is an appropriate surrogate 
country for China because it is a market economy that is at a level of 
economic development comparable to that of China and is a significant 
producer of comparable merchandise.\33\ The petitioner provided 
publicly available information from T[uuml]rkiye to value all FOPs.\34\ 
Based on the information provided by the petitioner, we believe it is 
appropriate to use T[uuml]rkiye as a surrogate country for China to 
value all FOPs for initiation purposes.
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    \33\ See China AD Initiation Checklist.
    \34\ Id.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioner used product-specific consumption rates from a U.S. producer 
of LSPTVs as a surrogate to value Chinese manufacturers' FOPs.\35\ 
Additionally, the petitioner calculated factory overhead, selling, 
general, and administrative expenses, and profit

[[Page 57868]]

based on the experience of a Turkish producer of comparable 
merchandise.\36\
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    \35\ Id.
    \36\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of LSPTVs from China are being, or are likely to 
be, sold in the United States at LTFV. Based on comparisons of CEP to 
NV, in accordance with sections 772 and 773 of the Act, the estimated 
dumping margins range from 379.81 to 478.09 percent ad valorem.\37\
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    \37\ Id.
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Initiation of LTFV Investigation

    Based upon the examination of the Petition and supplemental 
questionnaire responses, we find that they meet the requirements of 
section 732 of the Act. Therefore, we are initiating an LTFV 
investigation to determine whether imports of LSPTVs from China are 
being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 140 days after the date of this initiation.

Respondent Selection

    In the Petition, the petitioners named 240 companies in China as 
producers and/or exporters of LSPTVs.\38\ Our standard practice for 
respondent selection in AD investigations involving NME countries is to 
select respondents based on quantity and value (Q&V) questionnaires in 
cases where Commerce has determined that the number of companies is 
large, and it cannot individually examine each company based upon its 
resources. Therefore, considering the number of producers and/or 
exporters identified in the Petition, Commerce will solicit Q&V 
information that can serve as a basis for selecting exporters for 
individual examination in the event that Commerce determines that the 
number is large and decides to limit the number of respondents 
individually examined pursuant to section 777A(c)(2) of the Act. 
Because there are 240 Chinese producers and/or exporters identified in 
the Petition, Commerce has determined that it will issue Q&V 
questionnaires to the largest producers and/or exporters that are 
identified in the U.S. Customs and Border Protection data for which 
there is complete address information on the record.\39\
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    \38\ See Petition at Volume I (page 13 and Exhibit 12); see also 
First General Issues Supplement at 1 and Exhibit I-Supp-1.
    \39\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated June 24, 2024.
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    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of LSPTVs from China that do 
not receive Q&V questionnaires may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Commerce's website. Responses to the Q&V questionnaire must be 
submitted by the relevant Chinese producers/exporters no later than 
5:00 p.m. ET on July 24, 2024, which is two weeks from the signature 
date of this notice. All Q&V questionnaire 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). As stated above, instructions for filing such applications 
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers must file a timely separate rate application if they want to 
be considered for individual examination. Exporters and producers who 
submit a separate rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that companies from China 
submit a response both to the Q&V questionnaire and to the separate 
rate application by the respective deadlines to receive consideration 
for separate rate status. Companies not filing a timely Q&V 
questionnaire response will not receive separate rate consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that {Commerce{time}  will now 
assign in its NME investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the {weighted 
average{time}  of the individually calculated rates. This practice 
is referred to as the application of ``combination rates'' because 
such rates apply to specific combinations of exporters and one or 
more producers. The cash-deposit rate assigned to an exporter will 
apply only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\40\
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    \40\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005), at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the Government of China via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public 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 732(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 LSPTVs from China are materially injuring, 
or threatening material injury to, a U.S. industry.\41\ A negative ITC 
determination will result in the investigation being terminated.\42\ 
Otherwise, this LTFV investigation will

[[Page 57869]]

proceed according to statutory and regulatory time limits.
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    \41\ See section 733(a) of the Act.
    \42\ 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 \43\ 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.\44\ 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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    \43\ See 19 CFR 351.301(b).
    \44\ 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, or as otherwise specified by 
Commerce.\45\ 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, we 
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, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\46\
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    \45\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \46\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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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.\47\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\48\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \47\ See section 782(b) of the Act.
    \48\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letter of appearance). 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\49\
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    \49\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: July 10, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation consists of 
certain low speed personal transportation vehicles (LSPTV) and 
subassemblies thereof, whether finished or unfinished and whether 
assembled or unassembled, with or without tires, wheels, seats, 
steering columns and steering wheels, canopies, roofs, or batteries. 
LSPTVs meeting this description are generally open-air vehicles with 
a minimum of four wheels, a steering wheel, a traditional side-by-
side or in-line row seating arrangement (i.e., non-straddle), foot 
operated accelerator and brake pedals, and a gross vehicle weight of 
no greater than 5,500 pounds. The main power source for subject 
LSPTVs is either an electric motor and battery (including but not 
limited to lithium-ion batteries, lithium phosphate batteries, lead 
acid batteries, and absorbed glass mat batteries) or a gas-powered 
internal combustion engine. Subject LSPTVs may be described as golf 
carts, golf cars, low speed vehicles, personal transportation 
vehicles, or light utility vehicles.
    LSPTVs subject to this investigation typically have a maximum 
top nameplate speed of no greater than 25 miles per hour as required 
by federal, state, and local laws and regulations. Subject LSPTVs 
with a maximum top nameplate speed greater than 20 miles per hour 
normally must comply with the U.S. Department of Transportation's 
Federal Motor Vehicle Safety Standards for Low-Speed Vehicles set 
forth in 49 CFR 571.500. LSPTVs that otherwise meet the physical 
description of this scope but are not certified under 49 CFR 571.500 
and are not certified under other sections of subpart B of the 
Federal Motor Vehicle Safety Standards (49 CFR part 571), are not 
excluded from this investigation. LSPTVs that are certified under 
both 49 CFR 571.500 and other sections of subpart B of the Federal 
Motor Vehicle Safety Standards remain subject to the scope of this 
investigation. Subject LSPTVs that have a maximum top nameplate 
speed of less than 25 miles per hour may be certified to the SAE 
International (SAE) standards SAE J2258 and SAE J2358. LSPTVs that 
have a maximum top nameplate speed of less than 20 miles per hour 
may also be certified to the Outdoor Power Equipment Institute 
(OPEI) standards OPEI Z130.1 and OPEI Z135.
    An unfinished and/or unassembled LSPTV subject to this 
investigation covers at a minimum a subassembly, also known as a 
``rolling chassis,'' which is typically comprised of, but not 
limited to, a frame or body with front and/or rear suspension 
components (such as arms, springs, axles, spindles, and shafts) 
installed and powertrain components (including either an electric 
motor or a gas-powered internal combustion engine) installed or 
ready for installation.
    When imported together with a rolling chassis subject to this 
investigation, other LSPTV components, such as batteries, bumpers, 
wheel and tire assemblies, cowlings, fenders, grills, kick plates, 
steering column and steering wheel assemblies, dash assembly, seat 
assemblies, pedal assemblies, brake assemblies, canopy or roof 
assemblies, temporary rain enclosures, windshields, mirrors, 
headlights, taillights, lighting systems, or storage--whether 
assembled or unassembled, whether as part of a kit or not, and 
whether or not accompanied by additional components--constitute part 
of an unfinished and/or unassembled LSPTV that is subject to this 
investigation. The inclusion of other products, components, or 
assemblies not described here does not remove the product from the 
scope.

[[Page 57870]]

    Subject LSPTVs and subassemblies are covered by the scope of 
this investigation whether or not they are accompanied by other 
parts. This investigation covers all LSPTVs and subassemblies 
meeting the physical description of the scope, regardless of overall 
length, width, or height. Individual components that do not comprise 
a subject LSPTV or subassembly that are entered and sold by 
themselves are not subject to the investigation, but components 
entered with a LSPTV or subassembly, whether finished or unfinished 
and whether assembled or unassembled, are subject merchandise.
    LSPTVs and subassemblies subject to this investigation include 
those that are produced in the subject country whether assembled 
with other components in the subject country or in a third country. 
Processing or completion of finished and unfinished LSPTVs and 
subassemblies either in the subject country or in a third country 
does not remove the product from the scope.
    Specifically excluded from the scope of this investigation are 
all-terrain vehicles (which typically have straddle seating and are 
steered by handlebars), multipurpose off-highway utility vehicles 
(which typically have a maximum top nameplate speed of greater than 
25 miles per hour), and recreational off-highway vehicles (which 
typically have a maximum top nameplate speed of greater than 30 
miles per hour). Also excluded from the scope are go-karts, electric 
scooters, golf trolleys, and mobility aids (which include power 
wheelchairs and scooters which are used for the express purpose of 
enabling mobility for a person).
    The LSPTVs subject to the investigation are typically classified 
in the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheading 8703.10.5030. LSPTVs subject to the investigation may 
also enter under HTSUS subheading 8703.90.0100. The LSPTV 
subassemblies that are subject to the investigation typically enter 
under HTSUS subheadings 8706.00.1540 and 8707.10.0040. The HTSUS 
subheadings are provided for convenience and customs purposes only, 
and the written description of the merchandise subject to the 
investigation is dispositive.

[FR Doc. 2024-15604 Filed 7-15-24; 8:45 am]
BILLING CODE 3510-DS-P