Certain Chassis and Subassemblies Thereof From the People's Republic of China: Antidumping Duty Order, 36093-36095 [2021-14561]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices
Dated: July 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
Scope of the Order
The scope of the order includes certain
frozen warmwater shrimp and prawns,
whether wildcaught (ocean harvested) or
farm-raised (produced by aquaculture), headon or head-off, shell-on or peeled, tail-on or
tail-off,21 deveined or not deveined, cooked
or raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and prawn
products included in the scope of the order,
regardless of definitions in the Harmonized
Tariff Schedule of the United States (‘‘HTS’’),
are products which are processed from
warmwater shrimp and prawns through
freezing and which are sold in any count
size.
The products described above may be
processed from any species of warmwater
shrimp and prawns. Warmwater shrimp and
prawns are generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild-caught
warmwater species include, but are not
limited to, white-leg shrimp (Penaeus
vannemei), banana prawn (Penaeus
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis), southern
pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris),
southern white shrimp (Penaeus schmitti),
blue shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis), and
Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed
with marinade, spices or sauce are included
in the scope of the order. In addition, food
preparations, which are not ‘‘prepared
meals,’’ that contain more than 20 percent by
weight of shrimp or prawn are also included
in the scope of the order. Excluded from the
scope are: (1) Breaded shrimp and prawns
(HTS subheading 1605.20.10.20); (2) shrimp
and prawns generally classified in the
Pandalidae family and commonly referred to
as coldwater shrimp, in any state of
processing; (3) fresh shrimp and prawns
whether shell-on or peeled (HTS subheadings
0306.23.00.20 and 0306.23.00.40); (4) shrimp
and prawns in prepared meals (HTS
subheading 1605.20.05.10); (5) dried shrimp
and prawns; (6) canned warmwater shrimp
and prawns (HTS subheading 1605.20.10.40);
and (7) certain battered shrimp. Battered
shrimp is a shrimp-based product: (1) That is
produced from fresh (or thawed-from-frozen)
and peeled shrimp; (2) to which a ‘‘dusting’’
layer of rice or wheat flour of at least 95
percent purity has been applied; (3) with the
entire surface of the shrimp flesh thoroughly
and evenly coated with the flour; (4) with the
non-shrimp content of the end product
21 ‘‘Tails’’ in this context means the tail fan which
includes the telson and the uropods.
VerDate Sep<11>2014
16:47 Jul 07, 2021
Jkt 253001
constituting between four and 10 percent of
the product’s total weight after being dusted,
but prior to being frozen; and (5) that is
subjected to individually quick frozen
(‘‘IQF’’) freezing immediately after
application of the dusting layer. When
dusted in accordance with the definition of
dusting above, the battered shrimp product is
also coated with a wet viscous layer
containing egg and/or milk, and par-fried.
The products covered by this order are
currently classified under the following HTS
subheadings: 0306.17.00.03, 0306.17.00.06,
0306.17.00.09, 0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40, 1605.21.10.30,
and 1605.29.10.10. These HTS subheadings
are provided for convenience and for
customs purposes only and are not
dispositive, but rather the written description
of the scope of this order is dispositive.22
[FR Doc. 2021–14571 Filed 7–7–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–135]
Certain Chassis and Subassemblies
Thereof From the People’s Republic of
China: Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and
International Trade Commission (ITC),
Commerce is issuing its antidumping
duty (AD) order on certain chassis and
subassemblies thereof (chassis) from the
People’s Republic of China (China).
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla 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) 482–3477 or (202) 482–1785,
respectively.
AGENCY:
22 On April 26, 2011, Commerce amended the
order to include dusted shrimp, pursuant to the
U.S. Court of International Trade (CIT) decision in
Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010) and the
U.S. International Trade Commission (USITC)
determination, which found the domestic like
product to include dusted shrimp. See Certain
Frozen Warmwater Shrimp from Brazil, India, the
People’s Republic of China, Thailand, and the
Socialist Republic of Vietnam: Amended
Antidumpling Duty Orders in Accordance with
Final Court Decision, 76 FR 23277 (April 26, 2011);
see also Ad Hoc Shrimp Trade Action Committee
v. United States, 703 F. Supp. 2d 1330 (CIT 2010;
and Frozen Warmwater Shrimp from Brazil, China,
India, Thailand, and Vietnam (Investigation Nos.
731–TA–1063, 1064, 1066–1068 (Review), USITC
Publication 4221, March 2011.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
36093
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2021, Commerce
published its affirmative final
determination in the less-than-fair-value
(LTFV) investigation of chassis from
China.1 On July 1, 2021, the ITC notified
Commerce of its affirmative final
determination that, pursuant to sections
735(b)(1)(A)(i) and 735(d) of the Act, an
industry in the United States is
materially injured by reason of imports
of subject merchandise from China that
are sold in the United States at LTFV.2
Scope of the Order
The products covered by the order are
certain chassis and subassemblies
thereof from China. For a full
description of the scope of this order,
see the appendix of this notice.
AD Order
On July 1, 2021, in accordance with
sections 735(b)(1)(A)(i) and 735(d) of the
Act, the ITC notified Commerce of its
final determination that an industry in
the United States is materially injured
by reason of imports of chassis from
China that are sold in the United States
at LTFV.3 Therefore, in accordance with
section 735(c)(2) of the Act, we are
issuing this AD order. Because the ITC
determined that imports of chassis from
China are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from China entered, or
withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with
sections 736(a)(1) of the Act, Commerce
will direct U.S. Customs and Border
Patrol (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise for all
relevant entries of chassis from China.
Antidumping duties will be assessed on
unliquidated entries of chassis from
China entered, or withdrawn from
warehouse, for consumption on or after
March 4, 2021, the date of publication
of the AD Preliminary Determination,
but will not include entries occurring
after the expiration of the provisional
measures period and before the
publication of the ITC’s final injury
1 See Certain Chassis and Subassemblies Thereof
from the People’s Republic of China: Final
Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 26694 (May 17, 2021).
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determination,’’ dated July 1, 2021 (ITC
Notification Letter)
3 Id.
E:\FR\FM\08JYN1.SGM
08JYN1
36094
Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices
determination under section 735(b) of
the Act, as further described in the
‘‘Provisional Measures’’ section of this
notice.4
Continuation of Suspension of
Liquidation and Cash Deposits
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 735(c)(1)(B) of
the Act, Commerce will instruct CBP to
continue to suspend liquidation on all
relevant entries of chassis from China.
These instructions suspending
liquidation will remain in effect until
further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margins indicated in the table below,
adjusted by the export subsidy offset.5
Accordingly, effective on the date of
publication in the Federal Register of
the notice of the ITC’s final affirmative
injury determination, CBP must require,
at the same time as importers would
deposit estimated normal customs
duties on subject merchandise, a cash
deposit equal to the rates listed in the
table below.
Producer/exporter
China-Wide Entity
Estimated
weightedaverage
dumping
margin
(percent)
188.05
Estimated
weightedaverage
dumping
margin
adjusted
for export
subsidy
offset(s)
(percent)
177.05
lotter on DSK11XQN23PROD with NOTICES1
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. Commerce published the
AD Preliminary Determination in this
investigation on March 4, 2021.
The provisional measures period,
beginning on the date of publication of
the AD Preliminary Determination, ends
on July 1, 2021. Therefore, in
4 See Certain Chassis and Subassemblies Thereof
from the People’s Republic of China People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 85
FR 12616 (March 4, 2020) (AD Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
5 See Certain Chassis and Subassemblies Thereof
from the People’s Republic of China; Final
Affirmative Countervailing Duty Determination, 86
FR 15186 (March 22, 2021), and accompanying
Issues and Decision Memorandum; see also Certain
Chassis and Subassemblies Thereof from the
People’s Republic of China; Countervailing Duty
Order and Amended Final Affirmative
Countervailing Duty Determination, 86 FR 24844
(May 10, 2021).
VerDate Sep<11>2014
16:47 Jul 07, 2021
Jkt 253001
accordance with section 733(d) of the
Act and our practice, Commerce will
instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of chassis from China entered, or
withdrawn from warehouse, for
consumption after July 1, 2021, the final
day on which the provisional measures
were in effect, until and through the day
preceding the date of publication of the
ITC’s final affirmative injury
determination in the Federal Register.
Suspension of liquidation and the
collection of cash deposits will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
Notification to Interested Parties
This notice constitutes the AD order
with respect to chassis from China
pursuant to section 736(a) of the Act.
Interested parties can find a list of AD
orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is published in accordance
with sections 736(a) of the Act, and 19
CFR 351.211(b).
Dated: July 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order
consists of chassis and subassemblies thereof,
whether finished or unfinished, whether
assembled or unassembled, whether coated
or uncoated, regardless of the number of
axles, for carriage of containers, or other
payloads (including self-supporting
payloads) for road, marine roll-on/roll-off
(RORO) and/or rail transport. Chassis are
typically, but are not limited to, rectangular
framed trailers with a suspension and axle
system, wheels and tires, brakes, a lighting
and electrical system, a coupling for towing
behind a truck tractor, and a locking system
or systems to secure the shipping container
or containers to the chassis using twistlocks,
slide pins or similar attachment devices to
engage the corner fittings on the container or
other payload.
Subject merchandise includes, but is not
limited to, the following subassemblies:
• Chassis frames, or sections of chassis
frames, including kingpin assemblies,
bolsters consisting of transverse beams with
locking or support mechanisms, goosenecks,
drop assemblies, extension mechanisms and/
or rear impact guards;
• Running gear assemblies or axle
assemblies for connection to the chassis
frame, whether fixed in nature or capable of
sliding fore and aft or lifting up and lowering
down, which may or may not include
suspension(s) (mechanical or pneumatic),
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
wheel end components, slack adjusters,
axles, brake chambers, locking pins, and tires
and wheels;
• Landing gear assemblies, for connection
to the chassis frame, capable of supporting
the chassis when it is not engaged to a
tractor; and
• Assemblies that connect to the chassis
frame or a section of the chassis frame, such
as, but not limited to, pintle hooks or B-trains
(which include a fifth wheel), which are
capable of connecting a chassis to a converter
dolly or another chassis.
Importation of any of these subassemblies,
whether assembled or unassembled,
constitutes an unfinished chassis for
purposes of this order.
Subject merchandise also includes chassis,
whether finished or unfinished, entered with
or for further assembly with components
such as, but not limited to: Hub and drum
assemblies, brake assemblies (either drum or
disc), axles, brake chambers, suspensions and
suspension components, wheel end
components, landing gear legs, spoke or disc
wheels, tires, brake control systems,
electrical harnesses and lighting systems.
Processing of finished and unfinished
chassis and components such as trimming,
cutting, grinding, notching, punching,
drilling, painting, coating, staining, 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 chassis
does not remove the product from the scope.
Individual components entered and sold
by themselves are not subject to the order,
but components entered with or for further
assembly with a finished or unfinished
chassis are subject merchandise. A finished
chassis is ultimately comprised of several
different types of subassemblies. Within each
subassembly there are numerous components
that comprise a given subassembly.
This scope excludes dry van trailers,
refrigerated van trailers and flatbed trailers.
Dry van trailers are trailers with a wholly
enclosed cargo space comprised of fixed
sides, nose, floor and roof, with articulated
panels (doors) across the rear and
occasionally at selected places on the sides,
with the cargo space being permanently
incorporated in the trailer itself. Refrigerated
van trailers are trailers with a wholly
enclosed cargo space comprised of fixed
sides, nose, floor and roof, with articulated
panels (doors) across the rear and
occasionally at selected places on the sides,
with the cargo space being permanently
incorporated in the trailer and being
insulated, possessing specific thermal
properties intended for use with selfcontained refrigeration systems. Flatbed (or
platform) trailers consist of load-carrying
main frames and a solid, flat or stepped
loading deck or floor permanently
incorporated with and supported by frame
rails and cross members.
The finished and unfinished chassis
subject to this order are typically classified
in the Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings:
8716.39.0090 and 8716.90.5060. Imports of
E:\FR\FM\08JYN1.SGM
08JYN1
Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices
finished and unfinished chassis may also
enter under HTSUS subheading
8716.90.5010. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
merchandise under order is dispositive.
[FR Doc. 2021–14561 Filed 7–7–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–412–824]
Certain Cold-Rolled Steel Flat Products
From the United Kingdom: Preliminary
Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that the
sole producer/exporter subject to this
administrative review, Liberty
Performance Steels, Ltd. (Liberty), made
sales of certain cold-rolled steel flat
products (CR steel) at less than normal
value (NV) during the period of review
(POR) September 1, 2019, through
August 31, 2020. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, 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) 482–3477.
SUPPLEMENTARY INFORMATION:
AGENCY:
lotter on DSK11XQN23PROD with NOTICES1
Background
On September 20, 2016, we published
in the Federal Register an antidumping
duty (AD) order on CR steel from the
United Kingdom.1 On September 1,
2020, we published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On October 30, 2020, based on
timely requests for an administrative
review, we initiated an administrative
review of one company, Liberty.3 On
1 See Certain Cold-Rolled Steel Flat Products from
Brazil, India, the Republic of Korea, and the United
Kingdom: Amended Final Affirmative Antidumping
Determinations for Brazil and the United Kingdom
and Antidumping Duty Orders, 81 FR 64432
(September 20, 2016) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 85 FR 54349
(September 1, 2020).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
68840 (October 30, 2020) (Initiation Notice).
VerDate Sep<11>2014
16:47 Jul 07, 2021
Jkt 253001
36095
preliminary results in accordance with
19 CFR 351.224(b).
Case briefs or other written comments
on non-scope issues may be submitted
Scope of the Order
to the Assistant Secretary for
The products covered by the
Enforcement and Compliance.
antidumping duty Order are CR steel
Interested parties will be notified of the
products. A full description of the scope timeline for the submission of such case
of the Order is contained in the
briefs and written comments at a later
Preliminary Decision Memorandum.5
date. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
Methodology
later than seven days after the date for
Commerce conducted this review in
filing case briefs.6 Parties who submit
accordance with section 751(a)(2) of the case briefs or rebuttal briefs in this
Tariff Act of 1930, as amended (the Act). proceeding are encouraged to submit
Constructed export price is calculated in with each argument: (1) A statement of
accordance with section 772 of the Act.
the issue; (2) a brief summary of the
NV is calculated in accordance with
argument; and (3) a table of authorities.
section 773 of the Act. For a full
Case and rebuttal briefs should be filed
description of the methodology
using ACCESS 7 and must be served on
underlying our conclusions, see the
interested parties.8
Preliminary Decision Memorandum.
Pursuant to 19 CFR 351.310(c),
The Preliminary Decision Memorandum interested parties who wish to request a
is a public document and is available to hearing, must submit a written request
the public via Enforcement and
to the Assistant Secretary for
Compliance’s Antidumping and
Enforcement and Compliance, filed
Countervailing Duty Centralized
electronically via ACCESS. Requests
Electronic Service System (ACCESS).
should contain: (1) The party’s name,
ACCESS is available to registered users
address and telephone number; (2) the
at https://access.trade.gov. In addition, a number of participants; and (3) a list of
complete version of the Preliminary
issues to be discussed. Issues raised in
Decision Memorandum can be found at
the hearing will be limited to those
https://enforcement.trade.gov/frn/. A
raised in the respective case briefs. If a
list of the topics discussed in the
request for a hearing is made, Commerce
Preliminary Decision Memorandum is
intends to hold the hearing at a time and
attached as an appendix to this notice.
date to be determined. Parties should
confirm the date, time, and location of
Preliminary Results of the
the hearing two days before the
Administrative Review
scheduled date.
We preliminarily determine that the
Commerce has modified certain of its
following weighted-average dumping
requirements
for serving documents
margin exists for Liberty for the period
containing business proprietary
September 1, 2019, through August 31,
information until further notice.9 An
2019:
electronically filed hearing request must
Weighted- be received successfully in its entirety
by Commerce’s electronic records
average
Producer or exporter
dumping
system, ACCESS, by 5:00 p.m. Eastern
margin
Time within 30 days after the date of
(percent)
publication of this notice.10
Commerce intends to issue the final
Liberty Performance Steels, Ltd
8.65
results of this administrative review,
including the results of its analysis of
Disclosure and Public Comment
the issues raised in any written briefs,
We intend to disclose the calculations no later than 120 days after the date of
performed for the preliminary results of publication of this notice, unless
this administrative review to parties
within five days after public
6 See 19 CFR 351.309(d); see also Temporary Rule
announcement or publication of the
Modifying AD/CVD Service Requirements Due to
May 17, 2021, we extended the
preliminary results by 30 days, to no
later than July 2, 2021.4
Memorandum, ‘‘Certain Cold-Rolled Steel
Flat Products from the United Kingdom: Extension
of Deadline for Preliminary Results of Antidumping
Duty Administrative Review; 2019–2020,’’ dated
May 17, 2021.
5 See Memorandum, ‘‘Certain Cold-Rolled Steel
Flat Products from the United Kingdom: Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
4 See
Frm 00021
Fmt 4703
Sfmt 4703
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’)
7 See 19 CFR 351.303 (for general filing
requirements).
8 See 19 CFR 351.303(f).
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
10 See 19 CFR 351.310(c).
E:\FR\FM\08JYN1.SGM
08JYN1
]]>Agencies
[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36093-36095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14561]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-135]
Certain Chassis and Subassemblies Thereof From the People's
Republic of China: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and International Trade Commission (ITC), Commerce
is issuing its antidumping duty (AD) order on certain chassis and
subassemblies thereof (chassis) from the People's Republic of China
(China).
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla 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) 482-3477 or (202) 482-1785,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2021, Commerce published its affirmative final
determination in the less-than-fair-value (LTFV) investigation of
chassis from China.\1\ On July 1, 2021, the ITC notified Commerce of
its affirmative final determination that, pursuant to sections
735(b)(1)(A)(i) and 735(d) of the Act, an industry in the United States
is materially injured by reason of imports of subject merchandise from
China that are sold in the United States at LTFV.\2\
---------------------------------------------------------------------------
\1\ See Certain Chassis and Subassemblies Thereof from the
People's Republic of China: Final Affirmative Determination of Sales
at Less Than Fair Value, 86 FR 26694 (May 17, 2021).
\2\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated July 1, 2021 (ITC Notification Letter)
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain chassis and
subassemblies thereof from China. For a full description of the scope
of this order, see the appendix of this notice.
AD Order
On July 1, 2021, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final determination
that an industry in the United States is materially injured by reason
of imports of chassis from China that are sold in the United States at
LTFV.\3\ Therefore, in accordance with section 735(c)(2) of the Act, we
are issuing this AD order. Because the ITC determined that imports of
chassis from China are materially injuring a U.S. industry,
unliquidated entries of such merchandise from China entered, or
withdrawn from warehouse, for consumption are subject to the assessment
of antidumping duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with sections 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Patrol (CBP) to assess,
upon further instruction by Commerce, antidumping duties equal to the
amount by which the normal value of the merchandise exceeds the export
price (or constructed export price) of the merchandise for all relevant
entries of chassis from China. Antidumping duties will be assessed on
unliquidated entries of chassis from China entered, or withdrawn from
warehouse, for consumption on or after March 4, 2021, the date of
publication of the AD Preliminary Determination, but will not include
entries occurring after the expiration of the provisional measures
period and before the publication of the ITC's final injury
[[Page 36094]]
determination under section 735(b) of the Act, as further described in
the ``Provisional Measures'' section of this notice.\4\
---------------------------------------------------------------------------
\4\ See Certain Chassis and Subassemblies Thereof from the
People's Republic of China People's Republic of China: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 85 FR
12616 (March 4, 2020) (AD Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce
will instruct CBP to continue to suspend liquidation on all relevant
entries of chassis from China. These instructions suspending
liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the table
below, adjusted by the export subsidy offset.\5\ Accordingly, effective
on the date of publication in the Federal Register of the notice of the
ITC's final affirmative injury determination, CBP must require, at the
same time as importers would deposit estimated normal customs duties on
subject merchandise, a cash deposit equal to the rates listed in the
table below.
---------------------------------------------------------------------------
\5\ See Certain Chassis and Subassemblies Thereof from the
People's Republic of China; Final Affirmative Countervailing Duty
Determination, 86 FR 15186 (March 22, 2021), and accompanying Issues
and Decision Memorandum; see also Certain Chassis and Subassemblies
Thereof from the People's Republic of China; Countervailing Duty
Order and Amended Final Affirmative Countervailing Duty
Determination, 86 FR 24844 (May 10, 2021).
------------------------------------------------------------------------
Estimated
weighted-
Estimated average
weighted- dumping
average margin
Producer/exporter dumping adjusted
margin for export
(percent) subsidy
offset(s)
(percent)
------------------------------------------------------------------------
China-Wide Entity............................. 188.05 177.05
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the AD Preliminary
Determination in this investigation on March 4, 2021.
The provisional measures period, beginning on the date of
publication of the AD Preliminary Determination, ends on July 1, 2021.
Therefore, in accordance with section 733(d) of the Act and our
practice, Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of chassis from China entered, or withdrawn from
warehouse, for consumption after July 1, 2021, the final day on which
the provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final affirmative injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the AD order with respect to chassis from
China pursuant to section 736(a) of the Act. Interested parties can
find a list of AD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is published in accordance with sections 736(a) of the
Act, and 19 CFR 351.211(b).
Dated: July 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order consists of chassis and
subassemblies thereof, whether finished or unfinished, whether
assembled or unassembled, whether coated or uncoated, regardless of
the number of axles, for carriage of containers, or other payloads
(including self-supporting payloads) for road, marine roll-on/roll-
off (RORO) and/or rail transport. Chassis are typically, but are not
limited to, rectangular framed trailers with a suspension and axle
system, wheels and tires, brakes, a lighting and electrical system,
a coupling for towing behind a truck tractor, and a locking system
or systems to secure the shipping container or containers to the
chassis using twistlocks, slide pins or similar attachment devices
to engage the corner fittings on the container or other payload.
Subject merchandise includes, but is not limited to, the
following subassemblies:
Chassis frames, or sections of chassis frames,
including kingpin assemblies, bolsters consisting of transverse
beams with locking or support mechanisms, goosenecks, drop
assemblies, extension mechanisms and/or rear impact guards;
Running gear assemblies or axle assemblies for
connection to the chassis frame, whether fixed in nature or capable
of sliding fore and aft or lifting up and lowering down, which may
or may not include suspension(s) (mechanical or pneumatic), wheel
end components, slack adjusters, axles, brake chambers, locking
pins, and tires and wheels;
Landing gear assemblies, for connection to the chassis
frame, capable of supporting the chassis when it is not engaged to a
tractor; and
Assemblies that connect to the chassis frame or a
section of the chassis frame, such as, but not limited to, pintle
hooks or B-trains (which include a fifth wheel), which are capable
of connecting a chassis to a converter dolly or another chassis.
Importation of any of these subassemblies, whether assembled or
unassembled, constitutes an unfinished chassis for purposes of this
order.
Subject merchandise also includes chassis, whether finished or
unfinished, entered with or for further assembly with components
such as, but not limited to: Hub and drum assemblies, brake
assemblies (either drum or disc), axles, brake chambers, suspensions
and suspension components, wheel end components, landing gear legs,
spoke or disc wheels, tires, brake control systems, electrical
harnesses and lighting systems.
Processing of finished and unfinished chassis and components
such as trimming, cutting, grinding, notching, punching, drilling,
painting, coating, staining, 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 chassis does not remove the product from
the scope.
Individual components entered and sold by themselves are not
subject to the order, but components entered with or for further
assembly with a finished or unfinished chassis are subject
merchandise. A finished chassis is ultimately comprised of several
different types of subassemblies. Within each subassembly there are
numerous components that comprise a given subassembly.
This scope excludes dry van trailers, refrigerated van trailers
and flatbed trailers. Dry van trailers are trailers with a wholly
enclosed cargo space comprised of fixed sides, nose, floor and roof,
with articulated panels (doors) across the rear and occasionally at
selected places on the sides, with the cargo space being permanently
incorporated in the trailer itself. Refrigerated van trailers are
trailers with a wholly enclosed cargo space comprised of fixed
sides, nose, floor and roof, with articulated panels (doors) across
the rear and occasionally at selected places on the sides, with the
cargo space being permanently incorporated in the trailer and being
insulated, possessing specific thermal properties intended for use
with self-contained refrigeration systems. Flatbed (or platform)
trailers consist of load-carrying main frames and a solid, flat or
stepped loading deck or floor permanently incorporated with and
supported by frame rails and cross members.
The finished and unfinished chassis subject to this order are
typically classified in the Harmonized Tariff Schedule of the United
States (HTSUS) at subheadings: 8716.39.0090 and 8716.90.5060.
Imports of
[[Page 36095]]
finished and unfinished chassis may also enter under HTSUS
subheading 8716.90.5010. While the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise under order is dispositive.
[FR Doc. 2021-14561 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P
