Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Initiation of Countervailing Duty Investigation, 15905-15910 [2021-06181]
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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
summary of the argument; and (3) a
table of authorities. All electronically
filed documents must be received
successfully and timely in their entirety
by Commerce’s electronic records
system, ACCESS.
Pursuant to 19 CFR 351.310, any
interested party may request a hearing
within 30 days of publication of this
notice. Hearing requests should contain
the following information: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of the issues to be
discussed. Oral presentations will be
limited to issues raised in the case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing.
Commerce intends to issue the final
results of this review, including the
results of its analysis of the issues raised
in any written briefs, not later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b). For the companies for which
this review is rescinded, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(l)(i). Commerce will
direct CBP to assess rates based on the
per-unit (i.e., per kilogram) amount on
each entry of the subject merchandise
during the POR. Commerce intends to
issue assessment instructions to CBP 35
days after the publication date of the
final results of review.
Commerce announced a refinement to
its assessment practice in NME cases.
Pursuant to this refinement in practice,
for merchandise that was not reported
in the U.S. sales databases submitted by
an exporter individually examined
during this review, but that entered
under the case number of that exporter
(i.e., at the individually-examined
exporter’s cash deposit rate), Commerce
will instruct CBP to liquidate such
entries at the NME-wide rate. In
addition, if Commerce determines that
an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
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at that exporter’s rate) will be liquidated
at the China-wide rate.12
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections 751(a)(2)
of the Act: (1) For the companies listed
above, the cash deposit rate will be the
rate established in these final results of
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required for that company); (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that have separate rates, the
cash deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all Chinese
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the China-wide rate of 4.71 U.S.
dollars per kilogram; and (4) for all nonChinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
15905
Dated: March 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Companies for Which Administrative
Reviews Have Been Rescinded
1. China Jiangsu International Economic
Technical Cooperation Corporation
2. Hebei Holy Flame International
3. Jinxiang Qingtian Garlic Industries
4. Qingdao Ritai Food Co., Ltd.
5. Yingxin (Wuqiang) International Trade
Appendix II
Companies for Which Administrative Review
Has Been Preliminarily Rescinded
1. Zhengzhou Harmoni Spice Co., Ltd.
Appendix III
Non-Selected Separate Rate Companies
1. Jining Alpha Food Co., Ltd.
2. Shandong Happy Foods Co., Ltd.
Appendix IV
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Discussion of Methodology
VI. Recommendation
[FR Doc. 2021–06182 Filed 3–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h) and
351.221(b)(4).
[C–570–140]
Certain Mobile Access Equipment and
Subassemblies Thereof From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable March 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak, 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) 482–3642.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
12 For
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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On February 26, 2021, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of certain
mobile access equipment and
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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 (the petitioner),1 the
members of which are domestic
producers of mobile access equipment.2
The Petition was accompanied by an
antidumping duty (AD) petition
concerning certain mobile access
equipment and subassemblies thereof
from China.3
On March 2, 9, and 12, 2021,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.4 On March 5, 8, 12, and
15, 2021, the petitioner filed responses
to these requests for additional
information.5
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
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).
3 Id.
4 See Commerce’s Letters, ‘‘Petition for the
Imposition of 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 and ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China: Supplemental Questions,’’ dated March 2,
2021 (General Issues Supplemental); see also
Memorandum, ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
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 III of the Petition,’’ dated
March 8, 2021(CVD Supplement); ‘‘Certain Mobile
Access Equipment and Subassemblies Thereof from
the People’s Republic of China: Responses to the
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 Third
Supplemental Questionnaire on Volume I of the
Petition,’’ dated March 15, 2021 (Third General
Issues Supplement).
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providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of mobile
access equipment in China and that
such imports are materially injuring, or
threatening material injury to, the
domestic industry producing in the
United States. Consistent with section
702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating a CVD
investigation, the Petition is supported
by information reasonably available to
the petitioner.
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 with respect to the initiation of
the requested CVD investigation.6
Period of Investigation
Because the Petition was filed on
February 26, 2021, the period of
investigation is January 1, 2020, through
December 31, 2020.7
Scope of the Investigation
The merchandise 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 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.8 On March 5, 12, 15, 16,
and 18, 2021, the petitioner revised the
scope.9 The description of the
6 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
7 See 19 CFR 351.204(b)(2).
8 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 at
1–2.
9 See General Issues Supplement at 6–8; see also
Second General Issues Supplement at 1–6; Third
General Issues Supplemental at 1–3; 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
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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.10 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 (nontelescopic) 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.’’ 11 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,12 and as such,
we invite further comments on this
exclusion from parties to this
proceeding.
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).13 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,14 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope 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.15 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
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).
10 See March 16, 2021, Scope Revision at 1–4.
11 See March 18, 2021, Scope Revision at 1–4.
12 See 19 CFR 351.203(b)(1).
13 See Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
14 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
15 See 19 CFR 351.303(b).
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calendar days from the initial comment
deadline.16
Commerce requests that any factual
information the parties consider
relevant to the scope of the investigation
be submitted during this time 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 comments must
also be filed on the record of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance (E&C)’s Antidumping
Duty and Countervailing Duty
Centralized Electronic Service System
(ACCESS), unless an exception
applies.17 An electronically filed
document must be received successfully
in its entirety by the time and date it is
due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC of the receipt of the Petition
and provided it the opportunity for
consultations with respect to the CVD
Petition.18 The GOC requested
consultations,19 which were held via
video conference on March 15, 2021.20
16 Commerce’s practice dictates that where a
deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day (in
this instance, April 17, 2021). 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).
17 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
18 See Commerce’s Letter, ‘‘Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China: Invitation for
Consultations to Discuss the Countervailing Duty
Petition,’’ dated March 3, 2021.
19 See GOC’s Letter, ‘‘Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China, Request for
Consultation to Discuss the Countervailing Duty
Petition,’’ dated March 11, 2021.
20 See Memorandum, ’’ Consultations with
Officials from the Government of China Regarding
the Countervailing Duty Petition Concerning
Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China,’’ dated March 16, 2021.
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Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(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 702(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,21 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.22
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
21 See
section 771(10) of the Act.
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)).
22 See
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15907
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.23 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.24
In determining whether the petitioner
has standing under section 702(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
in 2020.25 The petitioner estimated the
production of the domestic like product
for the entire domestic 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.26
The petitioner compared its shipments
to the estimated total 2020 shipments of
the domestic like product for the entire
domestic industry.27 We relied on data
23 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.
24 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist,
‘‘Countervailing 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 CVD 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).
25 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–Supp3–1.
26 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.
27 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.
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provided by the petitioner for purposes
of measuring industry support.28
Our review of the data provided in the
Petition, the General Issues Supplement,
the Second General Issue Supplement,
the Third General Issues Supplement,
and other information readily available
to Commerce indicates that the
petitioner has established industry
support for the Petition.29 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).30 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(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.31 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(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.32 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.33
Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
28 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.
29 See Attachment II of the China CVD Initiation
Checklist.
30 Id.; see also section 732(c)(4)(D) of the Act.
31 See Attachment II of the China CVD Initiation
Checklist.
32 Id.
33 Id.
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from countervailable subsidies and that
such imports threaten to cause material
injury to the U.S. industry producing
the domestic like product. In addition,
the petitioner alleges that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.34
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; and declining financial
performance and profitability.35 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.36
Initiation of CVD Investigation
Based upon our examination of the
Petition and supplemental responses,
we find that the Petition meets the
requirements of section 702 of the Act.
Therefore, we are initiating a CVD
investigation to determine whether
imports of mobile access equipment
from China benefit from countervailable
subsidies conferred by the GOC. Based
on our review of the Petition, we find
that there is sufficient information to
initiate a CVD investigation on all 35
alleged programs. For a full discussion
of the basis for our decision to initiate
on each program, see China CVD
Initiation Checklist. The initiation
checklist for this investigation is
available on ACCESS. In accordance
with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determination no later than 65 days
after the date of this initiation.
Respondent Selection
The petitioner named 19 companies
in China as producers and/or exporters
of mobile access equipment.37
34 See Petition at Volume I at 26–27 and Exhibit
I–19.
35 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.
36 See China CVD 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.
37 See Petition at Volume I at Exhibit–11.
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Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in this investigation. In the event
Commerce determines that the number
of companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on quantity and value (Q&V)
questionnaires issued to the potential
respondents. Commerce normally
selects mandatory respondents in CVD
investigations using U.S. Customs and
Border Protection (CBP) entry data for
U.S. imports under the appropriate
Harmonized Tariff Schedule of the
United States (HTSUS) numbers listed
in the scope of the investigation.
However, for this investigation, one of
the HTSUS numbers under which the
subject merchandise would enter (i.e.,
8431.20.0000) is a basket category under
which non-subject merchandise may
enter. Therefore, we cannot rely on CBP
entry data in selecting respondents. We
intend instead to issue Q&V
questionnaires to each potential
respondent for which the petitioner has
provided a complete address.
Producers/exporters of mobile access
equipment from China that do not
receive Q&V questionnaires by mail may
still submit a response to the Q&V
questionnaire and can obtain the Q&V
questionnaire from E&C’s website at
https://enforcement.trade.gov/
questionnaires/questionnaires-ad.html.
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 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.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. Furthermore, to the
extent practicable, Commerce will
attempt to provide a copy of the public
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version of the Petition to each exporter
named in the Petition, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(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.38 A
negative ITC determination will result
in the investigation being terminated.39
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
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 40 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.41 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.
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
38 See
section 703(a)(1) of the Act.
39 Id.
40 See
41 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
VerDate Sep<11>2014
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Jkt 253001
is filed after the expiration of the time
limit established under 19 CFR
351.301.42 For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, 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 untimelyfiled requests for the extension of time
limits. Parties should review
Commerce’s regulations concerning the
extension of time limits prior to
submitting extension requests or factual
information in this investigation.43
Parties should review Extension of Time
Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/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.44
Parties must use the certification
formats provided in 19 CFR
351.303(g).45 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of document
submission procedures (e.g., the filing of
letters of appearance as discussed at 19
42 See
19 CFR 351.302.
19 CFR 351; see also 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.
44 See section 782(b) of the Act.
45 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
43 See
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
15909
CFR 351.103(d)).46 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.47
This notice is issued and published
pursuant to sections 702 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,
46 See Antidumping and Countervailing Duty
Proceedings: Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January 22, 2008).
47 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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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,
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 (nontelescopic) 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
VerDate Sep<11>2014
17:52 Mar 24, 2021
Jkt 253001
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. 2021–06181 Filed 3–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–128]
Mattresses From the People’s Republic
of China: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
mattresses from the People’s Republic of
China (China).
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Theodore Pearson or Mary Kolberg, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2631 or (202) 482–1785,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
The petitioners in this investigation
are Brooklyn Bedding, Corsicana
Mattress Company, Elite Comfort
Solutions, FXI, Inc., Innocor, Inc.,
Kolcraft Enterprises, Inc., Leggett &
Platt, Incorporated, the International
Brotherhood of Teamsters, and United
Steel, Paper, and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO (USW).
In addition to the Government of China,
the selected mandatory respondents in
this investigation are Kewei Furniture
Co Ltd., Zinus Xiamen, Ningbo Megafeat
Bedding Co., Ltd./Megafeat Bedding Co
Ltd, and Healthcare Co. Ltd.
On September 11, 2020, Commerce
published in the Federal Register the
Preliminary Determination of this
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
investigation.1 In the Preliminary
Determination, in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(4), Commerce aligned the
final countervailing duty (CVD)
determination in this investigation with
the final antidumping duty (AD)
determination in the companion AD
investigations of mattresses from
Cambodia, Indonesia, Malaysia, Serbia,
Thailand, the Republic of Turkey, and
the Socialist Republic of Vietnam. The
revised deadline for the final
determination of this investigation is
now March 18, 2021. We received no
comments regarding the Preliminary
Determination, and, therefore, there is
no unpublished Issues and Decision
Memorandum accompanying this
notice.
Period of Investigation
The period of investigation is January
1, 2019, through December 31, 2019.
Scope of the Investigation
The products covered by this
investigation are mattresses from China.
For a full description of the scope of this
investigation, see the appendix to this
notice.
Scope Comments
In Commerce’s Preliminary Scope
Decision Memorandum, we set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope)
in scope case briefs or other written
comments on scope issues. Certain
interested parties commented on the
scope of the investigation as it appeared
in the Preliminary Scope Decision
Memorandum, unchanged from the
Initiation Notice.2 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.3 In the Final
Scope Memorandum, Commerce
1 See Mattresses from the People’s Republic of
China: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping Duty
Determination, 85 FR 56216 (September 11, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the Republic of Turkey,
and the Socialist Republic of Vietnam: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 23002
(April 24, 2020) (Initiation Notice).
3 See Memorandum, ‘‘Mattresses from Cambodia,
Indonesia, Malaysia, Serbia, Thailand, the Republic
of Turkey, the Socialist Republic of Vietnam, and
the People’s Republic of China: Final Scope
Decision Memorandum,’’ dated concurrently with,
and hereby adopted by, this notice (Final Scope
Memorandum).
E:\FR\FM\25MRN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15905-15910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06181]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-140]
Certain Mobile Access Equipment and Subassemblies Thereof From
the People's Republic of China: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 18, 2021.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, 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) 482-3642.
SUPPLEMENTARY INFORMATION:
The Petition
On February 26, 2021, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
certain mobile access equipment and
[[Page 15906]]
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 (the
petitioner),\1\ the members of which are domestic producers of mobile
access equipment.\2\ The Petition was accompanied by an antidumping
duty (AD) petition concerning certain mobile access equipment and
subassemblies thereof 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).
\3\ Id.
---------------------------------------------------------------------------
On March 2, 9, and 12, 2021, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\4\ On March
5, 8, 12, and 15, 2021, the petitioner filed responses to these
requests for additional information.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petition for the Imposition of
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 and ``Petitions for
the Imposition of Antidumping and Countervailing Duties on Imports
Certain Mobile Access Equipment and Subassemblies Thereof from the
People's Republic of China: Supplemental Questions,'' dated March 2,
2021 (General Issues Supplemental); see also Memorandum, ``Petitions
for the Imposition of Antidumping and Countervailing Duties on
Imports 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 III of the Petition,'' dated March 8, 2021(CVD
Supplement); ``Certain Mobile Access Equipment and Subassemblies
Thereof from the People's Republic of China: Responses to the 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 Third Supplemental Questionnaire on
Volume I of the Petition,'' dated March 15, 2021 (Third General
Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of mobile access
equipment in China and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing in the
United States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is supported by information reasonably
available to the petitioner.
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 with respect to the
initiation of the requested CVD investigation.\6\
---------------------------------------------------------------------------
\6\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on February 26, 2021, the period of
investigation is January 1, 2020, through December 31, 2020.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise 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 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.\8\ On
March 5, 12, 15, 16, and 18, 2021, the petitioner revised the scope.\9\
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.\10\ 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.'' \11\
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,\12\ and as such, we invite further comments
on this exclusion from parties to this proceeding.
---------------------------------------------------------------------------
\8\ 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 at 1-2.
\9\ See General Issues Supplement at 6-8; see also Second
General Issues Supplement at 1-6; Third General Issues Supplemental
at 1-3; 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).
\10\ See March 16, 2021, Scope Revision at 1-4.
\11\ See March 18, 2021, Scope Revision at 1-4.
\12\ 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).\13\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\14\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope 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.\15\ 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
[[Page 15907]]
calendar days from the initial comment deadline.\16\
---------------------------------------------------------------------------
\13\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\14\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\15\ See 19 CFR 351.303(b).
\16\ Commerce's practice dictates that where a deadline falls on
a weekend or Federal holiday, the appropriate deadline is the next
business day (in this instance, April 17, 2021). 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 the parties consider
relevant to the scope of the investigation be submitted during this
time 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 comments must also be
filed on the record of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS), unless an
exception applies.\17\ An electronically filed document must be
received successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\17\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it the
opportunity for consultations with respect to the CVD Petition.\18\ The
GOC requested consultations,\19\ which were held via video conference
on March 15, 2021.\20\
---------------------------------------------------------------------------
\18\ See Commerce's Letter, ``Certain Mobile Access Equipment
and Subassemblies Thereof from the People's Republic of China:
Invitation for Consultations to Discuss the Countervailing Duty
Petition,'' dated March 3, 2021.
\19\ See GOC's Letter, ``Certain Mobile Access Equipment and
Subassemblies Thereof from the People's Republic of China, Request
for Consultation to Discuss the Countervailing Duty Petition,''
dated March 11, 2021.
\20\ See Memorandum, '' Consultations with Officials from the
Government of China Regarding the Countervailing Duty Petition
Concerning Certain Mobile Access Equipment and Subassemblies Thereof
from the People's Republic of China,'' dated March 16, 2021.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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,\21\ 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.\22\
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\21\ See section 771(10) of the Act.
\22\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\23\ 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.\24\
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\23\ 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.
\24\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Countervailing 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 CVD 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).
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In determining whether the petitioner has standing under section
702(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 in 2020.\25\ The petitioner
estimated the production of the domestic like product for the entire
domestic 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.\26\ The petitioner compared its shipments to the estimated
total 2020 shipments of the domestic like product for the entire
domestic industry.\27\ We relied on data
[[Page 15908]]
provided by the petitioner for purposes of measuring industry
support.\28\
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\25\ 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-Supp3-1.
\26\ 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.
\27\ 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.
\28\ 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.
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Our review of the data provided in the Petition, the General Issues
Supplement, the Second General Issue Supplement, the Third General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\29\ 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).\30\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(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.\31\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(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.\32\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\33\
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\29\ See Attachment II of the China CVD Initiation Checklist.
\30\ Id.; see also section 732(c)(4)(D) of the Act.
\31\ See Attachment II of the China CVD Initiation Checklist.
\32\ Id.
\33\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports
threaten to cause material injury to the U.S. industry producing the
domestic like product. In addition, the petitioner alleges that subject
imports exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\34\
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\34\ See Petition at Volume I at 26-27 and Exhibit I-19.
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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; and declining
financial performance and profitability.\35\ 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.\36\
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\35\ 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.
\36\ See China CVD 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.
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Initiation of CVD Investigation
Based upon our examination of the Petition and supplemental
responses, we find that the Petition meets the requirements of section
702 of the Act. Therefore, we are initiating a CVD investigation to
determine whether imports of mobile access equipment from China benefit
from countervailable subsidies conferred by the GOC. Based on our
review of the Petition, we find that there is sufficient information to
initiate a CVD investigation on all 35 alleged programs. For a full
discussion of the basis for our decision to initiate on each program,
see China CVD Initiation Checklist. The initiation checklist for this
investigation is available on ACCESS. In accordance with section
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 65 days after the
date of this initiation.
Respondent Selection
The petitioner named 19 companies in China as producers and/or
exporters of mobile access equipment.\37\ Commerce intends to follow
its standard practice in CVD investigations and calculate company-
specific subsidy rates in this investigation. In the event Commerce
determines that the number of companies is large and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select mandatory respondents
based on quantity and value (Q&V) questionnaires issued to the
potential respondents. Commerce normally selects mandatory respondents
in CVD investigations using U.S. Customs and Border Protection (CBP)
entry data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States (HTSUS) numbers listed in the scope of
the investigation. However, for this investigation, one of the HTSUS
numbers under which the subject merchandise would enter (i.e.,
8431.20.0000) is a basket category under which non-subject merchandise
may enter. Therefore, we cannot rely on CBP entry data in selecting
respondents. We intend instead to issue Q&V questionnaires to each
potential respondent for which the petitioner has provided a complete
address.
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\37\ See Petition at Volume I at Exhibit-11.
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Producers/exporters of mobile access equipment from China that do
not receive Q&V questionnaires by mail may still submit a response to
the Q&V questionnaire and can obtain the Q&V questionnaire from E&C's
website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. 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 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.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. Furthermore, to the extent practicable,
Commerce will attempt to provide a copy of the public
[[Page 15909]]
version of the Petition to each exporter named in the Petition, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(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.\38\ A negative ITC determination will result in the
investigation being terminated.\39\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\38\ See section 703(a)(1) of the Act.
\39\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \40\ 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.\41\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\40\ See 19 CFR 351.301(b).
\41\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\42\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, 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 Commerce's regulations concerning the extension of time
limits prior to submitting extension requests or factual information in
this investigation.\43\ 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.
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\42\ See 19 CFR 351.302.
\43\ See 19 CFR 351; see also 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.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\44\
Parties must use the certification formats provided in 19 CFR
351.303(g).\45\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\44\ See section 782(b) of the Act.
\45\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in this investigation should ensure that
they meet the requirements of document submission procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).\46\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\47\
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\46\ See Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008).
\47\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 702 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,
[[Page 15910]]
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, 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. 2021-06181 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P
