[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Notices]
[Pages 26536-26540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11433]
[[Page 26536]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-177]
Certain Low-Speed Personal Transportation Vehicles From the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain low-speed personal transportation vehicles (LSPTVs) from the
People's Republic of China (China). The period of investigation is
January 1, 2023, through December 31, 2023.
DATES: Applicable June 23, 2025.
FOR FURTHER INFORMATION CONTACT: Dan Alexander, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2024, Commerce published the Preliminary
Determination in the Federal Register, invited interested parties to
comment on the Preliminary Determination, and aligned this
countervailing duty (CVD) investigation with the final determination in
the less-than-fair value investigation of LSPTVs from China, in
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.210(b)(4).\1\
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\1\ 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) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
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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 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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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
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) the Act, between April 9 and April
16, 2025, Commerce conducted verification of the subsidy information
reported by Guangdong Lvtong New Energy Vehicle Technology Co., Ltd.
(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 Questionnaire Responses
Submitted by Guangdong Lvtong New Energy Electric Vehicle Technology
Co., Ltd.,'' dated May 9, 2025; and ``Verification of Questionnaire
Responses Submitted by Xiamen Dalle New Energy Automobile Co.,
Ltd.,'' dated May 9, 2025.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties are discussed in the Issues and
Decision Memorandum. For a list of topics discussed, and the issues
raised by parties to which we responded in the Issues and Decision
Memorandum, see Appendix III.
Changes Since the Preliminary Determination
Based on our review and analysis of the information received during
verification and comments received from parties, for this final
determination, we made certain changes to the countervailable subsidy
rate calculations for Lvtong, Xiamen Dalle, the non-responsive
companies, and for all other producers/exporters. For a discussion of
these changes, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\7\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied, in part, on
facts otherwise available, including with an adverse inference,
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of adverse facts available (AFA), see the
Preliminary Determination.\8\
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\8\ See Preliminary Determination PDM at section, ``Use of Facts
Available and Adverse Inferences.''
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[[Page 26537]]
Final Affirmative Analysis of Critical Circumstances
Commerce preliminarily determined, in accordance with section
703(e)(1) of the Act and 19 CFR 351.206(c)(1), that critical
circumstances existed with respect to imports of LSPTVs produced and/or
exported by Lvtong and the non-responsive companies,\9\ but that
critical circumstances did not exist with respect to imports of LSPTVs
produced and/or exported by Xiamen Dalle or for all other producers
and/or exporters.\10\
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\9\ Commerce did not receive responses to its quantity and value
questionnaire from Shandong Odes Industry Co., Ltd., or from Hebei
Machinery Import and Export Co., Ltd. (collectively, the non-
responsive companies). See Preliminary Determination PDM at,
generally, 3, 8, and 13-19.
\10\ See Preliminary Determination PDM at 5-8.
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For the final determination, pursuant to section 705(a)(2) of the
Act and 19 CFR 351.206, we are now finding that critical circumstances
exist for Lvtong, Xiamen Dalle, all other producers and/or exporters,
and for the non-responsive companies. With respect to finding that
critical circumstances exist for Xiamen Dalle, we relied on facts
otherwise available, including with an adverse inference, pursuant to
sections 776(a) and (b) of the Act. For a full description of the
methodology and results of Commerce's critical circumstances analysis,
see the Issues and Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted average
countervailable subsidy rates established for those exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates and any rates based entirely under
section 776 of the Act.
In this investigation, Commerce calculated total net
countervailable subsidy rates for Lvtong and Xiamen Dalle that are not
zero, de minimis, or based entirely on facts otherwise available.
Because Commerce calculated individual estimated countervailable
subsidy rates for Xiamen Dalle and Lvtong that are not zero, de
minimis, or based entirely on facts otherwise available, Commerce
calculated the all-others rate using a weighted average of the
individual estimated subsidy rates calculated for the examined
respondents using each company's publicly-ranged sales value for their
exports to the United States of subject merchandise,\11\ in accordance
with section 705(c)(5)(A)(i) of the Act.
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\11\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010); see also Forged Steel Fluid End Blocks from
Italy: Preliminary Affirmative Countervailing Duty Determination,
and Alignment of Final Determination with Final Antidumping Duty
Determination, 85 FR 31460, 31461 (May 26, 2020), unchanged in
Forged Steel Fluid End Blocks from Italy: Final Affirmative
Countervailing Duty Determination, 85 80022, 80023 (December 11,
2020).
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In the Preliminary Determination, Commerce assigned a
countervailable subsidy rate on the basis of facts otherwise available
with an adverse inference, pursuant to sections 776(a) and (b) of the
Act, to Hebei Machinery Import and Export Co., LTD. and Shandong Odes
Industry Co. Ltd.\12\ There is no new information on the record that
would cause us to revisit our decision in the Preliminary
Determination. Thus, as AFA, Commerce continues to base the
countervailable subsidy rate for the non-responsive companies on facts
otherwise available in our final determination.
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\12\ See Preliminary Determination.
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Final Determination
Commerce determines that the following net countervailable subsidy
rates exist for the period of January 1, 2023, through December 31,
2023:
------------------------------------------------------------------------
Subsidy rate (percent
Company ad valorem)
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Guangdong Lvtong New Energy Electric Vehicle 31.45
Technology Co., Ltd...........................
Hebei Machinery Import and Export Co., LTD..... * 679.44
Shandong Odes Industry Co. Ltd................. * 679.44
Xiamen Dalle New Energy Automobile Co., Ltd.... 44.38
All Others..................................... 41.14
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* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its calculations performed to
interested parties in this final determination within five days of its
public announcement, or if there is no public announcement, within five
days of the date of the publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after December 6, 2024, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we instructed CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse, on or after April 5,
2025, the final day of provisional measures, but to continue the
suspension of liquidation of all entries of subject merchandise on or
before April 4, 2025.
As noted above, Commerce is finding that critical circumstances
exist for Xiamen Dalle and for all other producers and/or exporters.
Accordingly, pursuant to section 703(e)(2)(A) of the Act, Commerce will
instruct CBP to suspend liquidation of all appropriate entries from
Xiamen and all other producers and/or exporters, which were entered, or
withdrawn from warehouse, for consumption on or after 90 days prior to
the date of publication of the Preliminary Determination in the Federal
Register.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the
[[Page 26538]]
suspension of liquidation under section 706(a) of the Act, and require
a cash deposit of estimated countervailing duties for such entries of
subject merchandise in the amounts indicated above. Pursuant to section
705(c)(2) of the Act, if the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated, and all estimated duties deposited, or securities posted,
as a result of the suspension of liquidation will be refunded or
canceled.
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 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 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and/or exporters of LSPTVs
from China. Because Commerce's final determination is affirmative, in
accordance with section 705(b) 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. 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.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing 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.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO, in accordance with 19
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(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
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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 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
[[Page 26540]]
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. Scope of the Investigation
IV. Final Affirmative Determination of Critical Circumstances
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Revise its Analysis for the
Purchase of Low-Speed Personal Transportation Vehicles for More than
Adequate Remuneration (MTAR)
Comment 2: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Government of China (GOC) Regarding Input Suppliers as
Authorities
Comment 3: Whether Commerce Committed Clerical Errors When
Calculating Lvtong's Rates for Certain Provision of Goods for Less
Than Adequate Remuneration (LTAR) Programs
Comment 4: Critical Circumstances
Comment 5: The Provision of Electricity for LTAR
Comment 6: Whether Commerce Should Apply Partial AFA to
Determine the Subsidy Rate for Xiamen Dalle's Inputs for LTAR
Programs
Comment 7: Whether Commerce Should Correct its Calculation of
Inland Feight Delivery Charges for Xiamen Dalle's LTAR Benchmarks
from the Post-Preliminary Analysis
Comment 8: Whether Commerce Committed a Clerical Error in
Adjusting Xiamen Dalle's Overall Subsidy Rate in the Post-
Preliminary Analysis
Comment 9: Whether Commerce's Application of AFA to the GOC
Prejudicially Affects Xiamen Dalle
IX. Recommendation
[FR Doc. 2025-11433 Filed 6-20-25; 8:45 am]
BILLING CODE 3510-DS-P