Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 15922-15928 [2021-06180]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15922-15928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06180]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-139]


Certain Mobile Access Equipment and Subassemblies Thereof 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 March 18, 2021.

[[Page 15923]]


FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5255.

SUPPLEMENTARY INFORMATION:

The Petition

    On February 26, 2021, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
certain mobile access equipment and subassemblies thereof (mobile 
access equipment) from the People's Republic of China (China) filed in 
proper form on behalf of the Coalition of American Manufacturers of 
Mobile Access Equipment \1\ (the petitioner), the members of which are 
domestic producers of mobile access equipment.\2\ The Petition was 
accompanied by a countervailing duty (CVD) petition concerning imports 
of mobile access equipment from China.\3\
---------------------------------------------------------------------------

    \1\ The members of the Coalition of American Manufacturers of 
Mobile Access Equipment are: JLG Industries, Inc. and Terex 
Corporation.
    \2\ See Petitioner's Letter, ``Certain Mobile Access Equipment 
and Subassemblies Thereof from the People's Republic of China: 
Petitions for the Imposition of Antidumping and Countervailing 
Duties,'' dated February 26, 2021 (the Petition) at Volume I and 
Exhibit I-1.
    \3\ Id.
---------------------------------------------------------------------------

    On March 2, 9, and 12, 2021, Commerce requested supplemental 
information pertaining to certain aspects of the Petition in both 
general and AD-specific separate supplemental questionnaires and phone 
calls with the petitioner.\4\ On March 4, 5, 12, and 15, 2021, the 
petitioner filed timely responses to these requests for additional 
information.\5\
---------------------------------------------------------------------------

    \4\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Mobile 
Access Equipment and Subassemblies Thereof from the People's 
Republic of China: Supplemental Questions,'' dated March 2, 2021 
(General Issues Supplemental); and ``Petition for the Imposition of 
Antidumping Duties on Imports of Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China: 
Supplemental Questions,'' dated March 2, 2021; see also Memorandum, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China: Phone 
Call with Counsel to the Petitioner,'' dated March 9, 2021 (Phone 
Call with Petitioner's Counsel Memorandum); and Memorandum, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China: Phone 
Call with Counsel to the Petitioner,'' dated March 12, 2021 (Second 
Phone Call with Petitioner's Counsel Memorandum).
    \5\ See Petitioner's Letters, ``Certain Mobile Access Equipment 
and Subassemblies Thereof from the People's Republic of China: 
Responses to Supplemental Questionnaire on Volume I of the 
Petition,'' dated March 5, 2021 (General Issues Supplement); 
``Certain Mobile Access Equipment and Subassemblies Thereof from the 
People's Republic of China: Response to Supplemental Questionnaire 
on Volume II of the Petition,'' dated March 4, 2021 (China AD 
Supplement); ``Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Responses to Second 
Supplemental Questionnaire on Volume I of the Petition,'' dated 
March 12, 2021 (Second General Issues Supplement); and Certain 
Mobile Access Equipment and Subassemblies Thereof from the People's 
Republic of China: Responses to Commerce's Questions on Volume I of 
the Petition,'' dated March 15, 2021 (Third General Issues 
Supplement).
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of mobile access 
equipment 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 domestic mobile access equipment 
industry in the United States. Consistent with section 732(b)(1) of the 
Act, the Petition is accompanied by information reasonably available to 
the petitioner supporting the allegation.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(E) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support for the initiation 
of the requested AD investigation.\6\
---------------------------------------------------------------------------

    \6\ See ``Determination of Industry Support for the Petition'' 
section, infra.
---------------------------------------------------------------------------

Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is July 1, 2020, 
through December 31, 2020.

Scope of the Investigation

    The product covered by this investigation is mobile access 
equipment 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

    On March 2, 9, 12, and 17, 2021, Commerce requested further 
information 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\ On 
March 5, 12, 15, 16, and 18, 2021, the petitioner revised the scope.\8\ 
The description of the merchandise covered by this investigation, as 
described in the appendix to this notice, reflects these 
clarifications. In its March 16, 2021, submission, the petitioner 
revised the scope to add an exclusion for rail line vehicles and 
certain rail line vehicle subassemblies.\9\ In its March 18, 2021, 
submission, the petitioner further revised the scope to clarify the 
exclusion for such products as follows: ``The scope also excludes (1) 
rail line vehicles, defined as vehicles with hi-rail gear or track 
wheels, and a fixed (non-telescopic) main boom, which perform 
operations on rail lines, such as laying rails, setting ties, or other 
rail maintenance jobs; and (2) certain rail line vehicle subassemblies, 
defined as chassis subassemblies and boom turntable subassemblies for 
rail line vehicles with a fixed (non-telescopic) main boom.'' \10\ 
While Commerce has adopted this provision for purposes of initiation, 
we note that the petitioner filed the revised scope containing this 
additional exclusion late in the 20-day period provided for Commerce's 
analysis of the Petition,\11\ and as such, we invite further comments 
on this exclusion from parties to this proceeding.
---------------------------------------------------------------------------

    \7\ See General Issues Supplemental at 3-4; see also Phone Call 
with Petitioner's Counsel Memorandum at 1-2; Second Phone Call with 
Petitioner's Counsel Memorandum at 1-2; and Memorandum, ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Certain Mobile Access Equipment and Subassemblies Thereof 
from the People's Republic of China: Phone Call with Counsel to the 
Petitioner,'' dated March 17, 2021 (Third Phone Call with 
Petitioner's Counsel Memorandum) at 1-2.
    \8\ See General Issues Supplement at 6-8; see also Second 
General Issues Supplement at 1-6; Third General Issues Supplement at 
2-3; and Petitioner's Letters, ``Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China: Revision 
to Scope of Antidumping and Countervailing Duty Investigations,'' 
dated March 16, 2021 (March 16, 2021, Scope Revision) and ``Certain 
Mobile Access Equipment and Subassemblies Thereof from the People's 
Republic of China: Revision to Clarification Request Regarding the 
Scope of Antidumping and Countervailing Duty Investigations,'' dated 
March 18, 2021 (March 18, 2021, Scope Revision).
    \9\ See March 16, 2021, Scope Revision at 1-4.
    \10\ See March 18, 2021, Scope Revision at 1-4.
    \11\ See 19 CFR 351.203(b)(1).
---------------------------------------------------------------------------

    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).\12\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult

[[Page 15924]]

with interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\13\ To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on April 7, 2021, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on April 19, 2021, which is 
the next business day after 10 calendar days from the initial comment 
deadline.\14\
---------------------------------------------------------------------------

    \12\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \13\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \14\ Commerce's practice dictates that where a deadline falls on 
a weekend or Federal holiday (in this instance, April 17, 2021), the 
appropriate deadline is the next business day. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005) (Next Business Day 
Rule); see also 19 CFR 351.303(b).
---------------------------------------------------------------------------

    Commerce requests that any factual information parties consider 
relevant to the scope of the investigation be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All scope submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's (E&C's) Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
unless an exception applies.\15\ An electronically filed document must 
be received successfully in its entirety by the time and date it is 
due.
---------------------------------------------------------------------------

    \15\ 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 help 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.
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of mobile access equipment 
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 (FOPs) 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 questionnaires, all 
product characteristics comments must be filed by 5:00 p.m. ET on April 
7, 2021, which is 20 calendar days from the signature date of this 
notice. Any rebuttal comments, which may include factual information, 
must be filed by 5:00 p.m. ET on April 19, 2021, which is the next 
business day after 10 calendar days after the initial comment deadline. 
All comments and submissions to Commerce must be filed electronically 
using ACCESS, as explained above, on the record of the AD 
investigation.

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 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,\16\ 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.\17\
---------------------------------------------------------------------------

    \16\ See section 771(10) of the Act.
    \17\ 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)).
---------------------------------------------------------------------------

    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.\18\ Based on our analysis of the information 
submitted on the record, we have determined that mobile access 
equipment, as defined in the scope, constitutes a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\19\
---------------------------------------------------------------------------

    \18\ See Petition at Volume I at 19-23 and Exhibits I-3, I-17, 
and I-18; see also General Issues Supplement at 8-12 and Exhibits I-
Supp-5 through I-Supp 13 and I-Supp-17.
    \19\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Antidumping Duty Investigation Initiation Checklist: 
Certain Mobile Access Equipment and Subassemblies Thereof from the 
People's Republic of China'' dated concurrently with this Federal 
Register notice (China AD Initiation Checklist) at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Certain Mobile Access Equipment and 
Subassemblies Thereof from the People's Republic of China 
(Attachment II).
---------------------------------------------------------------------------

    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 
own shipments of mobile access equipment

[[Page 15925]]

in 2020.\20\ The petitioner estimated the production of the domestic 
like product for the entire industry based on shipment data because 
production data for the entire domestic industry are not available, and 
shipments are a close approximation of production in the mobile access 
equipment industry.\21\ The petitioner compared its shipments to the 
estimated total 2020 shipments of the domestic like product for the 
entire domestic industry.\22\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\23\
---------------------------------------------------------------------------

    \20\ See Petition at Volume I at 2-5 and Exhibit I-5 and I-16; 
see also General Issues Supplement at 14; Second General Issues 
Supplement at 7-8 and Exhibit I-Supp2-1; and Third General Issues 
Supplement at 3 and Exhibit I-Supp 3-1.
    \21\ See Petition at Volume I at 2-5 and Exhibits I-3, I-5, I-6, 
and I-16; see also General Issues Supplement at 13-18 and Exhibit I-
Supp-14; Second General Issues Supplement at 7-8 and Exhibit I-
Supp2-1; and Third General Issues Supplement at 3 and Exhibit I-
Supp3-1.
    \22\ See Petition at Volume I at 2-5 and Exhibits I-3, I-5, I-6, 
and I-16; see also General Issues Supplement at 13-18 and Exhibits 
I-Supp-14 through I-Supp-16; Second General Issues Supplement at 7-8 
and Exhibit I-Supp2-1; and Third General Issues Supplement at 3 and 
Exhibit I-Supp3-1.
    \23\ See Petition at Volume I at 2-5 and Exhibits I-3, I-5, I-6, 
and I-16; see also General Issues Supplement at 13-18 and Exhibits 
I-Supp-14 through I-Supp-16; Second General Issues Supplement at 7-8 
and Exhibit I-Supp2-1; and Third General Issues Supplement at 3 and 
Exhibit I-Supp3-1.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition, the General Issues 
Supplement, the Second General Issues Supplement, the Third General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\24\ 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).\25\ 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.\26\ 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.\27\ 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.\28\
---------------------------------------------------------------------------

    \24\ See Attachment II of the China AD Initiation Checklist.
    \25\ Id.; see also section 732(c)(4)(D) of the Act.
    \26\ See Attachment II of the China AD Initiation Checklist.
    \27\ Id.
    \28\ Id.
---------------------------------------------------------------------------

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.\29\
---------------------------------------------------------------------------

    \29\ See Petition at Volume I at 26-27 and Exhibit I-19.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; declines in production, shipments, net sales, 
and capacity utilization; decline in employment; declining financial 
performance and profitability; and the magnitude of the estimated 
dumping margin.\30\ 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.\31\
---------------------------------------------------------------------------

    \30\ Id. at 18-19, 23-39 and Exhibits I-3, I-6, I-14 through I-
16, I-20 through I-26, and I-30 through I-41.
    \31\ 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 Mobile Access Equipment and Subassemblies Thereof 
from the People's Republic of China.
---------------------------------------------------------------------------

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 the AD investigation 
of imports of mobile access equipment 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 information 
from a quoted sales offer for mobile access equipment produced in and 
exported from China by a Chinese producer.\32\ The petitioner made 
adjustments for movement expenses and constructed export price selling 
expenses and profit, where appropriate.\33\
---------------------------------------------------------------------------

    \32\ See the China AD Initiation Checklist.
    \33\ Id.
---------------------------------------------------------------------------

Normal Value

    Commerce considers China to be an NME country.\34\ 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 investigation. Accordingly, NV in 
China is appropriately based on FOPs valued in a surrogate market 
economy country, in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------

    \34\ See, e.g., Antidumping Duty Investigation of Certain 
Aluminum Foil from the People's Republic of China: Affirmative 
Preliminary Determination of Sales at Less-Than-Fair Value and 
Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 
2017), and accompanying Preliminary Decision Memorandum at ``China's 
Status as a Non-Market Economy,'' unchanged in Certain Aluminum Foil 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 83 FR 9282 (March 5, 2018).
---------------------------------------------------------------------------

    The petitioner states that Brazil is an appropriate surrogate 
country because Brazil is a market economy country that is at a level 
of economic development comparable to that of China and is a 
significant producer of comparable merchandise.\35\ The petitioner 
submitted publicly-available information from Brazil to value all 
FOPs.\36\ Based on the information provided by the petitioner, we 
determine that it is appropriate to use Brazil as a surrogate country 
for China for initiation purposes.
---------------------------------------------------------------------------

    \35\ See Volume II of the Petition at 13-14 and Exhibit II-18.
    \36\ Id. at 20 and Exhibit II-24.
---------------------------------------------------------------------------

    Interested parties will have the opportunity to submit comments 
regarding surrogate country selections 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

    The petitioner used the product-specific consumption rates of a 
U.S. producer of mobile access equipment as a surrogate to value 
Chinese

[[Page 15926]]

manufacturers' FOPs.\37\ Additionally, the petitioner calculated 
factory overhead; selling, general and administrative expenses; and 
profit based on the experience of a Brazilian producer of comparable 
merchandise (i.e., commercial and agricultural equipment).\38\
---------------------------------------------------------------------------

    \37\ See Volume II of the Petition at 14-17 and Exhibits II-20 
and II-21; see also China AD Supplement at Exhibit II-Supp-7.
    \38\ See Volume II of the Petition at 20-21 and Exhibits II-28 
and II-29.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of mobile access equipment from China are being, 
or are likely to be, sold in the United States at LTFV. Based on a 
comparison of EP to NV, in accordance with sections 772 and 773 of the 
Act, the estimated dumping margin for mobile access equipment from 
China is 81.77 percent ad valorem.\39\
---------------------------------------------------------------------------

    \39\ See China AD Supplement at Exhibit II-Supp-8.
---------------------------------------------------------------------------

Initiation of LTFV Investigation

    Based upon our examination of the Petition on mobile access 
equipment from China and supplemental responses, we find that the 
Petition meets the requirements of section 732 of the Act. Therefore, 
we are initiating an AD investigation to determine whether imports of 
mobile access equipment 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 petitioner named 19 companies in China as 
producers and/or exporters of mobile access equipment.\40\
---------------------------------------------------------------------------

    \40\ See Petition at Volume I at 15 and Exhibit I-10.
---------------------------------------------------------------------------

    In accordance with our standard practice for respondent selection 
in AD investigations involving NME countries, Commerce selects 
respondents based on quantity and value (Q&V) questionnaires in cases 
where it 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 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 decides to limit the number of respondents 
individually examined pursuant to section 777A(c)(2) of the Act. 
Because there are 19 producers and/or exporters identified in the 
Petition, Commerce has determined that it will issue Q&V questionnaires 
to each potential respondent for which the petitioner has provided a 
complete address.
    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on E&C's website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Producers/exporters of mobile 
access equipment 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 E&C's website. In accordance with the 
standard practice for respondent selection in AD cases involving NME 
countries, in the event Commerce decides to limit the number of 
respondents individually investigated, Commerce intends to base 
respondent selection on the responses to the Q&V questionnaire that it 
receives.
    Responses to the Q&V questionnaire must be submitted by the 
relevant Chinese producers/exporters no later than 5:00 p.m. ET on 
April 5, 2021. 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). Instructions for filing such applications may be found on 
E&C's website at https://enforcement.trade.gov/apo. Commerce intends to 
finalize its decisions regarding respondent selection within 20 days of 
publication of this notice.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\41\ 
The specific requirements for submitting a separate-rate application in 
a China investigation are outlined in detail in the application itself, 
which is available on E&C's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 
days after publication of this initiation notice.\42\ Producers/
exporters 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 
respondents from China submit a response to both the Q&V questionnaire 
and the separate-rate application by the respective deadlines in order 
to receive consideration for separate-rate status. Companies not filing 
a timely Q&V questionnaire response will not receive separate rate 
consideration.
---------------------------------------------------------------------------

    \41\ See Policy Bulletin 05.1: ``Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving NME Countries,'' (April 5, 2005), available at https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
    \42\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
---------------------------------------------------------------------------

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 the {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 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.\43\
---------------------------------------------------------------------------

    \43\ See Policy Bulletin 05.1 at 6 (emphasis added).
---------------------------------------------------------------------------

Distribution of Copies of the AD 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. Furthermore, to the 
extent practicable, Commerce 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).

[[Page 15927]]

ITC Notification

    Commerce will notify the ITC of our 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 mobile access equipment from China are 
materially injuring, or threatening material injury to, a U.S. 
industry.\44\ A negative ITC determination will result in the 
investigation being terminated.\45\ Otherwise, the investigation will 
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \44\ See section 733(a) of the Act.
    \45\ Id.
---------------------------------------------------------------------------

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 \46\ 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.\47\ 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.
---------------------------------------------------------------------------

    \46\ See 19 CFR 351.301(b).
    \47\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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. 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, we 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, Commerce 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, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\48\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\49\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \48\ See section 782(b) of the Act.
    \49\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

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 
these procedures (e.g., the filing of letters of appearance as 
discussed at 19 CFR 351.103(d)).\50\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\51\
---------------------------------------------------------------------------

    \50\ See Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008).
    \51\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    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: March 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation consists of 
certain mobile access equipment, which consists primarily of boom 
lifts, scissor lifts, and material telehandlers, and subassemblies 
thereof. Mobile access equipment combines a mobile (self-propelled 
or towed) chassis, with a lifting device (e.g., scissor arms, boom 
assemblies) for mechanically lifting persons, tools and/or materials 
capable of reaching a working height of ten feet or more, and a 
coupler that provides an attachment point for the lifting device, in 
addition to other components. The scope of this investigation covers 
mobile access equipment and subassemblies thereof whether finished 
or unfinished, whether assembled or unassembled, and whether the 
equipment contains any additional features that provide for 
functions beyond the primary lifting function.
    Subject merchandise includes, but is not limited to, the 
following subassemblies:
     Scissor arm assemblies, or scissor arm sections, for 
connection to chassis and platform assemblies. These assemblies 
include: (1) Pin assemblies that connect sections to form scissor 
arm assemblies, and (2) actuators that power the arm assemblies to 
extend and retract. These assemblies may or may not also include 
blocks that allow sliding of end sections in relation to frame and 
platform, hydraulic hoses, electrical cables, and/or other 
components;
     boom assemblies, or boom sections, for connection to 
the boom turntable, or to the chassis assembly, or to a platform 
assembly or to a lifting device. Boom assemblies include telescoping 
sections where the smallest section (or tube) can be nested in the 
next larger section (or tube) and can slide out for extension and/or 
articulated sections joined by pins. These assemblies may or may not 
include pins, hydraulic cylinders, hydraulic hoses, electrical 
cables, and/or other components;
     chassis assemblies, for connection to scissor arm 
assemblies, or to boom assemblies, or to boom turntable assemblies. 
Chassis assemblies include: (1) Chassis frames, and (2) frame 
sections. Chassis assemblies may or may not include axles, wheel end 
components, steering cylinders, engine assembly, transmission, drive 
shafts, tires and wheels, crawler tracks and wheels, fuel tank, 
hydraulic oil tanks, battery assemblies, and/or other components;
     boom turntable assemblies, for connection to chassis 
assemblies, or to boom assemblies. Boom turntable assemblies include 
turntable frames. Boom turntable assemblies may or may not include 
engine assembly, slewing rings, fuel tank, hydraulic oil tank, 
battery assemblies, counterweights, hoods (enclosures), and/or other 
components.
    Importation of any of these subassemblies, whether assembled or 
unassembled,

[[Page 15928]]

constitutes unfinished mobile access equipment for purposes of this 
investigation.
    Processing of finished and unfinished mobile access equipment 
and subassemblies such as trimming, cutting, grinding, notching, 
punching, slitting, drilling, welding, joining, bolting, bending, 
beveling, riveting, minor fabrication, galvanizing, painting, 
coating, finishing, assembly, or any other processing either in the 
country of manufacture of the in-scope product or in a third country 
does not remove the product from the scope. Inclusion of other 
components not identified as comprising the finished or unfinished 
mobile access equipment does not remove the product from the scope.
    The scope excludes forklifts, vertical mast lifts, mobile self-
propelled cranes and motor vehicles that incorporate a scissor arm 
assembly or boom assembly. Forklifts are material handling vehicles 
with a working attachment, usually a fork, lifted along a vertical 
guide rail with the operator seated or standing on the chassis 
behind the vertical mast. Vertical mast lifts are person and 
material lifting vehicles with a working attachment, usually a 
platform, lifted along a vertical guide rail with an operator 
standing on the platform. Mobile self-propelled cranes are material 
handling vehicles with a boom attachment for lifting loads of tools 
or materials that are suspended on ropes, cables, and/or chains, and 
which contain winches mounted on or near the base of the boom with 
ropes, cables, and/or chains managed along the boom structure. The 
scope also excludes motor vehicles (defined as a vehicle driven or 
drawn by mechanical power and manufactured primarily for use on 
public streets, roads, and highways, but does not include a vehicle 
operated only on a rail line pursuant to 49 U.S.C. 30102(a)(7)) that 
incorporate a scissor arm assembly or boom assembly. The scope 
further excludes vehicles driven or drawn by mechanical power 
operated only on a rail line that incorporate a scissor arm assembly 
or boom assembly. The scope also excludes: (1) Rail line vehicles, 
defined as vehicles with hi-rail gear or track wheels, and a fixed 
(non-telescopic) main boom, which perform operations on rail lines, 
such as laying rails, setting ties, or other rail maintenance jobs; 
and (2) certain rail line vehicle subassemblies, defined as chassis 
subassemblies and boom turntable subassemblies for rail line 
vehicles with a fixed (non-telescopic) main boom.
    Certain mobile access equipment subject to this investigation is 
typically classifiable under subheadings 8427.10.8020, 8427.10.8030, 
8427.10.8070, 8427.10.8095, 8427.20.8020, 8427.20.8090, 8427.90.0020 
and 8427.90.0090 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Parts of certain mobile access equipment are 
typically classifiable under subheading 8431.20.0000 of the HTSUS. 
While the HTSUS subheadings are provided for convenience and customs 
purposes only, the written description of the merchandise under 
investigation is dispositive.

[FR Doc. 2021-06180 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P