[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Notices]
[Pages 26530-26535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11428]
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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: Final Affirmative Determination of Sales at
Less Than Fair Value and Final Affirmative Determination of Critical
Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain low speed personal transportation vehicles (LSPTVs) 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) during the period
of investigation (POI) October 1, 2023, through March 31, 2024.
DATES: Applicable June 23, 2025.
FOR FURTHER INFORMATION CONTACT: Jerry Xiao or Gorden Struck, 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) 482-2273 or (202) 482-8151,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2025, Commerce published the Preliminary
Determination in the Federal Register and invited interested parties to
comment.\1\ For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized
[[Page 26531]]
Electronic Service System (ACCESS). ACCESS is available to registered
users at http://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.
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\1\ See Certain Low Speed Personal Transportation Vehicles From
the People's Republic of China: Preliminary Affirmative
Determination of Sale at Less-Than-Fair-Value Investigation,
Preliminary Affirmative Determination of Critical Circumstances,
Postponement of Final Determination and Extension of Provisional
Measures, 90 FR 8517 (January 30, 2025) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Low Speed Personal Transportation Vehicles
From the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are LSPTVs from China.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case briefs or other written comments on scope
issues.\3\ Between February 27 and March 6, 2025, Commerce received a
scope case briefs from the American Personal Transportation Vehicle
Manufacturers Coalition (the petitioner) and Star EV Corporation (Star
EV), and rebuttal briefs from Wink Motors, Inc. (Wink), Nivel Parts and
Manufacturing Co., LLC (Nivel), and the petitioner.\4\ For a summary of
the product coverage comments and rebuttal responses submitted to the
record for this final determination, and accompanying discussion and
analysis of all comments timely received, see the Final Scope
Memorandum.\5\ In the Final Scope Memorandum, Commerce determined that
it is modifying the scope language as it appeared in the Initiation
Notice. See Appendix I.
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\3\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Certain Low Speed Personal Transportation
Vehicles from the People's Republic of China: Preliminary Scope
Decision Memorandum,'' dated January 23, 2025 (Preliminary Scope
Decision Memorandum).
\4\ See Petitioner's Letter, ``Scope Case Brief,'' dated
February 27, 2025; see also Star EV's Letter, ``Scope Brief,'' dated
February 27, 2025; Wink's Letter, ``Rebuttal Case Brief to
Petitioner's Scope Case Brief of February 27, 2025,'' dated March 6,
2025; Nivel's Letter, ``Scope Rebuttal Brief,'' dated March 6, 2025;
and Petitioner's Letter, ``Scope Rebuttal Brief,'' dated March 6,
2025.
\5\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Certain Low Speed Personal Transportation
Vehicles from the People's Republic of China: Final Scope Decision
Memorandum,'' dated concurrently with this notice (Final Scope
Decision Memorandum).
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), between March 24 and April 4, 2025, Commerce conducted
verification of the sales and factors of production information
submitted by Guangdong Lvtong New Energy Electric Vehicle Technology
Co., Ltd. (Guangdong Lvtong) and Xiamen Dalle New Energy Automobile
Co., Ltd. (Xiamen Dalle) (collectively, the respondents).\6\ We used
Commerce's standard verification procedures, which include an
examination of relevant accounting records and original source
documents provided by the respondents.
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\6\ See Memoranda, ``Verification of the Questionnaire Responses
of Guangdong Lvtong New Energy Electric Vehicle Technology Co.,
Ltd.,'' dated April 30, 2025; and ``Xiamen Dalle New Energy
Automobile Co., Ltd.,'' dated May 2, 2025.
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs by the interested
parties in this investigation are discussed in the Issues and Decision
Memorandum. For a list of the issues raised and addressed in the Issues
and Decision Memorandum, see Appendix III.
Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, pursuant to section 733(e)(1) of
the Act, and 19 CFR 351.206(c), that critical circumstances exist with
respect to imports of LSPTVs from China for both mandatory respondents,
Guangdong Lvtong and Xiamen Dalle, and for the China-wide entity. In
this final determination, we find that no critical circumstances exist
for Xiamen Dalle. We continue to find that critical circumstances exist
for imports of LSPTVs from China with respect to Guangdong Lvtong, the
non-examined companies eligible for a separate rate, and the China-wide
entity, pursuant to section 735(a)(3)(A) and (B) of the Act and 19 CFR
351.206.\7\
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\7\ See Issues and Decision Memorandum at Comment 1.
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Changes Since the Preliminary Determination
Based on our review and analysis of the information received during
verification and comments received from interested parties for this
final determination, we made certain changes to the estimated weighted-
average dumping margins for Guangdong Lvtong and Xiamen Dalle. For a
discussion of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available (AFA)
Consistent with the Preliminary Determination,\8\ Commerce
continues to find, pursuant to sections 776(a) and (b) of the Act, that
the use of facts otherwise available, with adverse inferences, is
warranted in determining the dumping rate for the China-wide entity. In
the Preliminary Determination, we corroborated the highest petition
margin by comparing the highest petition margin to the mandatory
respondents' transaction-specific margins and found the petition margin
to be within range of the highest calculated transaction-specific
dumping margins.\9\ There is no new information on the record that
would cause us to reconsider our decision in the Preliminary
Determination. Thus, we made no changes to our analysis for the China-
wide entity. We are assigning a rate of 478.09 percent, which is the
highest rate alleged in the petition, to the China-wide entity.\10\ For
a full description of the methodology underlying Commerce's final
determination, see the Issues and Decision Memorandum.
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\8\ See Preliminary Determination PDM at 17-20.
\9\ Id. at 22.
\10\ Id. at 22-23; see also Memoranda, ``Analysis for Guangdong
Lvtong for the Final Determination of the Investigation of Certain
Low Speed Personal Transportation Vehicles from the People's
Republic of China,'' and ``Analysis for Xiamen Dalle for the Final
Determination of the Investigation of Certain Low Speed Personal
Transportation Vehicles from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice.
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Separate Rate Companies
We received comments \11\ on our preliminary separate rate
determinations.\12\ Based on our analysis of the comments received, our
preliminary determination with respect to separate rate eligibility
continues to be unchanged in the final determination.\13\
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\11\ See Issues and Decision Memorandum at Comment 7.
\12\ See Preliminary Determination PDM at 16-19.
\13\ See Issues and Decision Memorandum at Comment 7 for our
continued denial of separate rate to Anhui Huaxin Electric
Technology Co., Ltd.
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Combination Rates
Consistent with the Preliminary Determination, and Policy Bulletin
05.1,\14\ Commerce calculated exporter/producer combination rates for
the respondents that are eligible for a separate rate, including the
mandatory respondents Guangdong Lvtong and Xiamen Dalle.
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\14\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 1, 2023, through March 31,
2024:
[[Page 26532]]
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Cash deposit rate
Weighted-average (adjusted for
Exporter Producer dumping margin subsidy offsets)
(percent) (percent)
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Guangdong Lvtong New Energy Electric Guangdong Lvtong New Energy 119.39 119.33
Vehicle Technology Co., Ltd. Electric Vehicle Technology
Co., Ltd.
Xiamen Dalle New Energy Automobile Co., Xiamen Dalle New Energy 312.31 312.31
Ltd. Automobile Co., Ltd.
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Companies Eligible for a Separate Rate (see Appendix IV)............... 291.04 291.01
China-Wide Entity...................................................... * 478.09 478.09
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* This rate is based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose the calculations performed in
connection with 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 the Federal Register in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation and Cash Deposit Requirements
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after January 30, 2025,
the date of publication in the Federal Register of the Preliminary
Determination.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce finds that
critical circumstances exist for imports of subject merchandise
produced or exported by Guangdong Lvtong, the non-examined separate
rate companies, i.e., exporters, and the China-wide entity. In
accordance with section 733(e)(2)(A) of the Act, the suspension of
liquidation shall apply to unliquidated entries of shipments of subject
merchandise from the exporters identified in this paragraph that were
entered, or withdrawn from warehouse, for consumption on or after
November 1, 2024, which is 90 days before the publication of the
Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the
Act and 19 CFR 351.210(d), upon the publication of this notice,
Commerce will instruct CBP to require a cash deposit for estimated
antidumping duties for appropriate entries.
To determine the antidumping duty cash deposit rate, Commerce
normally adjusts the estimated weighted-average dumping margin by the
amount of domestic subsidy pass-through and export subsidies determined
in a companion countervailing duty (CVD) proceeding. Accordingly, where
Commerce has made a final affirmative determination of countervailable
export subsidies, Commerce offsets the estimated weighted-average
dumping margin by the appropriate CVD rate(s) for Guangdong Lvtong and
the non-examined separate rate companies. Commerce has continued to
adjust the cash deposit rate for export subsidies found in the
companion CVD investigation by the appropriate export subsidy rate as
indicated in the above chart. However, the imposition of provisional
measures in the companion CVD case has been discontinued; \15\
therefore, we are instructing CBP to collect cash deposits based on the
unadjusted producer/exporter-specific estimated weighted-average
dumping margin. If the U.S. International Trade Commission (ITC) makes
a final affirmative determination of injury due to both dumping and
subsidies, then the cash deposit rate will be revised effective on the
date of the imposition of final measures, i.e., the date of publication
of the ITC's final affirmative determination in the Federal Register,
to be the producer/exporter-specific estimated weighted-average dumping
margin adjusted for export subsidies and domestic subsidy pass-through,
as appropriate.
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\15\ See Certain Low Speed Personal Transportation Vehicles from
the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative
Determination of Critical Circumstances, in Part, and Alignment of
Final Determination With Final Antidumping Duty Determination, 89 FR
96942 (December 6, 2024), as amended in Certain Low Speed Personal
Transportation Vehicles from the People's Republic of China: Amended
Preliminary Determination of Countervailing Duty Investigation, 90
FR 9892 (February 19, 2025); see also section 703(d) of the Act,
which states that the provisional measures may not be in effect for
more than four months, which in the companion CVD case is 120 days
after the publication of the preliminary determination, or April 5,
2025 (i.e., last day provisional measures are in effect).
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Commerce will instruct CBP to require the following cash deposits
for estimated antidumping duties for all appropriate entries: (1) for
the producer/exporter combinations listed in the table above, the
applicable cash deposit rate will be equal to the estimated weighted-
average dumping margin listed in the above table for that combination,
appropriately adjusted for export subsidies; (2) for all combinations
of Chinese producers/exporters of the merchandise under consideration
that have not established eligibility for a separate rate, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin listed for the China-wide entity in the table above,
appropriately adjusted for export subsidies; and (3) for all third-
country exporters of the merchandise under consideration that are not
listed in the table above, the cash deposit rate will be equal to the
estimated weighted-average dumping margin for the China-wide entity,
appropriately adjusted for export subsidies.
These suspension of liquidation instructions and cash deposit
requirements will remain in effect until further notice.
Certification Requirements
With this final determination, Commerce has imposed certification
requirements for certain entries of LSPTV components (i.e., Chinese-
origin seat assemblies, steering column assemblies, suspension systems,
plastic cowlings, or motors (regardless of whether electric or gas
powered)) that could be used to produce LSPTVs or subassembly/rolling
chassis thereof. Commerce has determined it appropriate to require that
entries made on or after the publication of this final determination be
certified with the importer certification detailed at Appendix II to
this notice. Entries made
[[Page 26533]]
within 15 days of publication of this final determination in the
Federal Register must be certified as soon as applicable, but no later
than 45 days after the date of the publication of this determination.
Entries made after 16 days of publication of this final determination
in the Federal Register must be certified at the time of entry summary
filing.
The importer, or the importer's agent, must submit the importer's
certification and supporting documents (i.e., bill of lading and
commercial invoice) to CBP as part of the entry process by uploading
them into the document imaging system in CBP's Automated Commercial
Environment. Consistent with CBP's procedures, importers shall identify
entries required to have certifications by using importer's additional
declaration (record 54) AD/CVD Certification Designation (type code 06)
when filing entry summary.
Additionally, the claims made in the importer's certification and
supporting documentation are subject to verification by Commerce and/or
CBP. Importers are required to maintain the certifications and
supporting documentation for the later of: (1) the date that is five
years after the latest entry date of the entries covered by the
certification; or (2) the date that is three years after the conclusion
of any litigation in United States courts regarding such entries.
If it is determined that an importer has not met the certification
and/or related documentation requirements for certain entries, Commerce
intends to instruct CBP to suspend all unliquidated entries for which
the importer has failed to supply this information and require the
posting of a cash deposit on the total entered value of LSPTVs equal to
the cash deposit rate for the China-wide entity in effect at the time
of the entry.
ITC Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of this final affirmative determination of sales at LTFV.
Because the final determination in this investigation is affirmative,
in accordance with section 735(b)(2) of the Act, the ITC will
determine, within 45 days, whether the domestic industry in the United
States is materially injured, or threated with material injury, by
reason of import of LSPTVs from China. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated and all cash deposits will be refunded or
canceled, and suspension of liquidation will be lifted. 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 that are 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 above. In addition, we are making available to
the ITC all non-privileged and non-proprietary information related to
this investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or 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 sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: June 16, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation consists of
certain low speed personal transportation vehicles (LSPTVs) 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,
i.e., may have a permanent roof, may have a permanent windshield,
and may be covered with temporary sides, 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. Vehicles with a roof and four sides with doors and
windows permanently integrated into the chassis at the time of
production (e.g., the sides are welded to the chassis and roof) are
not subject to the order.
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 should 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 the 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 the
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. The SAE and OPEI
standards provided above are for reference purposes only, and
whether merchandise is certified to those standards is not
dispositive of whether that merchandise is subject to this
investigation.
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 the
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 the
investigation. The inclusion of other products, components, or
assemblies
[[Page 26534]]
not described here does not remove the product from the scope.
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. The following individual components of
Chinese origin that are entered by themselves on separate bills of
lading (i.e., not on the same bills of lading as Chinese-origin
subject subassemblies/rolling chassis) are not subject to the
investigation when accompanied by the appropriate certification:
seat assemblies, steering columns, suspension systems, plastic
cowlings, and electric and gas-powered motors suitable for use in
LSPTV. When entered with (i.e., on the same bill of lading as) a
Chinese-origin LSPTV or subject rolling chassis, whether finished or
unfinished and whether assembled or unassembled, or when entered
without the appropriate certification, these components 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 have a maximum top nameplate speed of greater than 25 miles
per hour), and recreational off-highway vehicles (which 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 this 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 8703.10.5060 and
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.
Appendix II
Importer Certification
I hereby certify that:
A. My name is {NAME of IMPORTING COMPANY OFFICIAL{time} and I
am an official of
{NAME OF IMPORTING COMPANY{time} , located at {ADDRESS OF
IMPORTING
COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
products that entered under entry summary number(s), identified
below, and are covered by this certification. ``Direct personal
knowledge'' refers to facts the certifying party is expected to have
in its own records.
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The product(s) covered by this certification was/were imported
by {IMPORTING COMPANY{time} on behalf of {U.S. CUSTOMER{time} ,
located at {ADDRESS OF U.S. CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The product(s) covered by this certification were shipped to
{NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS
FIRST SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE
WAS SHIPPED{time} .
E. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
F. I am importing Chinese-origin seat assemblies, steering
column assemblies, suspension systems, plastic cowlings, or motors
(regardless of whether electric or gas powered) that could be used
to produce low speed personal transportation vehicles (LSPTVs) or
subassemblies thereof.
(i) I certify that the parts (i.e., Chinese-origin seat
assemblies, steering column assemblies, suspension systems, plastic
cowlings, or motors) that I am importing are not being imported
together with subject subassemblies (i.e., rolling chassis) or
subject unfinished LSPTVs. Imported together means on the same bill
of lading. Parts on the same bill of lading are considered to be
imported together even if they are entered in different containers,
separate entries, or on different invoices. A subassembly (i.e.,
rolling chassis) is subject to the Order if it meets the definition
of a rolling chassis as described by the scope of this order.
(ii) I also certify that neither my company nor a related entity
will assemble these parts with a subject subassembly or a subject
unfinished LSPTV to produce an LSPTV. For purposes of this
certification, a related entity is any entity that has a connection
to the importer, whether through ownership, control, contracts, or
close supplier/customer relationship.
G. I understand that {IMPORTING COMPANY{time} is required to
submit a copy of the importer certification, the commercial invoice,
and the bill of lading as part of the entry summary by uploading
them into the document imaging system (DIS) in ACE, and to provide
U.S. Customs and Border Protection (CBP) and/or the U.S. Department
of Commerce (Commerce) with the importer certification, and any
supporting documentation upon request of either agency.
H. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party) until the later of (1) the date that is five years after the
latest entry date of the entries covered by the certification or (2)
the date that is three years after the conclusion of any litigation
in the United States courts regarding such entries.
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are within the scope of the antidumping duty and countervailing duty
orders on certain low speed personal transportation vehicles and
subassemblies thereof from China. I understand that such finding
will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
K. I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
L. This certification was completed by the time of filing the
entry summary or within 45 days of the date on which Commerce
published notice of its antidumping duty and countervailing duty
orders on certain low speed personal transportation vehicles and
subassemblies thereof from China in the Federal Register.
M. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time} -----------------------------------------------------------
Appendix III
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, In
Part
IV. Adjustment to Cash Deposit Rate for Export Subsidies
V. Separate Rates
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
General Comments
Comment 1: Whether Commerce Should Reverse its Preliminary
Finding of Critical Circumstances
Comment 2: Whether Commerce Should Continue Applying Cohen's D
Test
[[Page 26535]]
Comment 3: Whether Commerce Should Revise the Surrogate
Financial Ratios
Comment 4: Whether Commerce Should Revise its Separate Rate
Calculation
Comment 5: Whether Commerce Should Value Certain Inputs on a
Per-Piece Basis Instead of Per-Kilogram (Kg) Basis
Comment 6: Whether Commerce Should Revise its Selection of
Surrogate Values (SVs) Used to Value Certain Factors of Production
(FOPs)
Anhui Huaxin
Comment 7: Whether Anhui Huaxin Should be Granted a Separate
Rate
Xiamen Dalle
Comment 8: Whether Commerce Should Deduct Certain Indirect
Selling Expenses from Xiamen Dalle's U.S. Price
Comment 9: Whether Commerce Should Deduct Expenses Related to
Replacement LSPTVs from Xiamen Dalle's U.S. Price
Comment 10: Whether Commerce Should Apply Further Manufacturing
Costs to Models Further Manufactured Before the POI But Sold During
the POI
Comment 11: Whether Commerce Should Recalculate Xiamen Dalle's
Imputed Credit Expenses
Comment 12: Whether Commerce Should Continue Granting Xiamen
Dalle a By-Product Offset
Comment 13: Whether Commerce Should Apply Partial Adverse Facts
Available (AFA) with Respect to Unreported Puerto Rico Sales
Comment 14: Whether Commerce Abused its Discretion During the
Sales Verification and Cancellation of Constructed Export Price
(CEP) Sales Verification
Guangdong Lvtong
Comment 15: Whether Commerce Should Deduct Section 301 Duties
from Guangdong Lvtong's Calculations
Comment 16: Whether Commerce Should Adjust the Consumption Rate
for the STAINLESS_BOX FOP Reported for One of Guangdong Lvtong's
Control Numbers (CONNUMs)
VIII. Recommendation
Appendix IV
Exporter/Producer Combinations Eligible for a Separate Rate
------------------------------------------------------------------------
Exporter Producer
------------------------------------------------------------------------
1. Alwayz Electric Vehicle (Chuzhou) Alwayz Electric Vehicle
Co., Ltd. (Chuzhou) Co., Ltd.
2. Dongguan Excar Electric Vehicle Co., Dongguan Excar Electric Vehicle
Ltd. Co., Ltd.
3. GD Evtong New Tech Co., Ltd......... Guangdong Yitong New Energey
Technology Co., Ltd.
4. Greenman Electric Vehicles Co., Ltd. Greenman Electric Vehicles Co.,
Ltd.
5. Guangdong Marshell Electric Vehicle Guangdong Marshell Electric
Co., Ltd. Vehicle Co., Ltd.
6. Guangdong Yatian Industrial Co., Ltd Guangdong Yatian Industrial
Co., Ltd.
7. Guangdong Yitong New Energy Guangdong Yitong New Energy
Technology Co., Ltd. Technology Co., Ltd.
8. Guangzhou BorCart Electric Vehicle Guangzhou Langqing Electric Car
Co., Ltd. Co., Ltd.
9. Guangzhou Langqing Electric Car Co., Guangzhou Langqing Electric Car
Ltd. Co., Ltd.
10. Guangzhou Rariro Vehicle Co., Ltd.. Guangzhou Rariro Vehicle Co.,
Ltd.
11. Guangzhou Sachs Bikes Technology LuckyRam Technology Co., Ltd.
Co., Ltd.
12. Haike EV Co., Ltd.................. Shandong Haike Vehicle
Technology Co., Ltd.
13. Jiangsu FMX Electric Vehicle Co., Jiangsu FMX Electric Vehicle
Ltd. Co., Ltd.
14. Jiaxing Learoad Special Vehicle Jiaxing Learoad Special Vehicle
Co., Ltd. Co., Ltd.
15. Kangdi Electric Vehicle (Hainan) Kangdi Electric Vehicle
Co., Ltd. (Hainan) Co., Ltd.
16. Qingdao Beemotor New Energy Vehicle Shandong Haike Vehicle
Co., Ltd. Technology Co., Ltd.
17. Qingdao Beemotor New Energy Vehicle Dezhou Fuqing Vehicle Industry
Co., Ltd. Co., Ltd.
18. Shandong Qiaoke New Energy Auto Shandong Qiaoke New Energy Auto
Industry Co., Ltd. Industry Co., Ltd.
19. Shandong Yongli New Energy Vehicle Dachi Intelligent Automobile
Industry Co., Ltd. (Rizhao) Co., Ltd.
20. Shanghai Dachi Auto Power Co., Ltd. Dachi Intelligent Automobile
(Rizhao) Co., Ltd.
21. Shanghai Helios New Energy Wuxi Yaxi Electric Vehicle
Technology Co., Ltd. Sales Co., Ltd.
22. Shanghai Sirius International Shanghai Sirius International
Trading Co., Ltd. Trading Co., Ltd.
23. Shanghai Yixing Power Technology Shanghai Yixing Power
Co., Ltd. Technology Co., Ltd.
24. Shenzhen Aoxiang Industrial Shenzhen Aoxiang Industrial
Development Co., Ltd. Development Co., Ltd.
25. Shenzhen Lento New Energy Electric Guangdong Lantu Electric
Vehicle Co., Ltd. Vehicle Co., Ltd.
26. Suzhou Alwayz Electric Vehicle Suzhou Alwayz Electric Vehicle
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
27. Suzhou Eagle Electric Vehicle Suzhou Eagle Electric Vehicle
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
28. Suzhou Lexsong Electromechanical Wuxi Yaxi Electric Vehicle Co.,
Equipment Co., Ltd. Ltd.
29. Suzhou Lexsong Electromechanical Jiangsu Feimaxiang Technology
Equipment Co., Ltd. Co., Ltd.
30. Suzhou Wintao Intelligent Suzhou Wintao Intelligent
Technology Co., Ltd. Technology Co., Ltd.
31. Taiyuan Steel Engineering Corp., Wuxi Yaxi Electric Vehicle
Ltd. Sales Co., Ltd.
32. Taizhou Yoki Carts Co., Ltd........ Taizhou Yoki Carts Co., Ltd.
33. Top New Energy Technology Guangdong Yitong New Energy
(Dongguan) Co., Ltd. Technology Co., Ltd.
34. Wuxi Hio Special Vehicle Co., Ltd.. Wuxi Hio Special Vehicle Co.,
Ltd.
35. Wuxi Yaxi Electric Vehicle Sales Wuxi Yaxi Electric Vehicle Co.,
Co., Ltd. Ltd.
36. Xingtel Xiamen Group Co., Ltd...... Xingtel Xiamen Group Co., Ltd.
37. Yangzhou Whanlong Electric Vehicle Yangzhou Whanlong Electric
Co., Ltd. Vehicle Co., Ltd.
38. Zhejiang Taotao Vehicles Co., Ltd.. Zhejiang Taotao Vehicles Co.,
Ltd.
------------------------------------------------------------------------
[FR Doc. 2025-11428 Filed 6-20-25; 8:45 am]
BILLING CODE 3510-DS-P