Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 9576-9579 [2022-03660]
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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of review, as
provided for by section 751(a)(2)(C) of
the Act: (1) For TMI/TMM, which
claimed no shipments, the cash deposit
rate will remain unchanged from the
rate assigned to TMI/TMM in the most
recently completed review of the
companies; (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters who are not
under review in this segment of the
proceeding but who 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 that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the China-wide rate
of 111.73 percent; 8 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 Chinese
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final 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 doubled antidumping duties.
lotter on DSK11XQN23PROD with NOTICES1
Notification Regarding Administrative
Protection Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return of
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a) and
8 See Pure Magnesium from the People’s Republic
of China: Final Results of the 2008–2009
Antidumping Duty Administrative Review of the
Antidumping Duty Order, 75 FR 80791 (December
23, 2010).
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777(i) of the Act, and 19 CFR
351.213(h).
parties for this final determination, see
the Issues and Decision Memorandum.2
Dated: February 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Period of Investigation
The period of investigation is July 1,
2020, through December 31, 2020.
[FR Doc. 2022–03662 Filed 2–18–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–139]
Certain Mobile Access Equipment and
Subassemblies Thereof From the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
mobile access equipment and
subassemblies thereof (mobile access
equipment) from the People’s Republic
of China (China) are being, or are likely
to be sold, in the United States at less
than fair value (LTFV).
DATES: Applicable February 22, 2022.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Andre Gziryan, 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) 482–2201,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2021, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of mobile access
equipment from China, in which it also
postponed the final determination until
February 14, 2022.1 We invited
interested parties to comment on the
Preliminary Determination. For a
summary of the events that occurred
since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
1 See Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 86 FR 54164 (September 30, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
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Scope of the Investigation
The products covered by this
investigation are mobile access
equipment from China. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
On July 26, 2021, we issued a
Preliminary Scope Decision
Memorandum.3 As discussed in the
Preliminary Determination, Commerce
did not modify the scope language as it
appeared in the Initiation Notice.4
Interested parties were provided an
opportunity to comment on the
Preliminary Scope Decision
Memorandum in scope case and rebuttal
briefs.5 We received comments from
interested parties on the Preliminary
Scope Decision Memorandum, which
we addressed in the Final Scope
Decision Memorandum.6 Commerce is
modifying the scope language as it
appeared in the Preliminary
Determination. See Appendix I for the
final scope of this investigation.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information provided by the two
mandatory respondents, Zhejiang Dingli
Machinery Co., Ltd. (Dingli) and
Lingong Group Jinan Heavy Machinery
2 See Memorandum, ‘‘Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China: Decision Memorandum
for the Final Affirmative Determination of Sales at
Less-Than-Fair-Value,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Memorandum, ‘‘Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China: Decision Memorandum
for the Final Affirmative Determination of Sales at
Less-Than-Fair-Value,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
4 See Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China: Initiation of Less-Than-Fair-Value
Investigation, 86 FR 15922, 15927 (March 25, 2021)
(Initiation Notice).
5 See Preliminary Scope Decision Memorandum
at 2.
6 See Memorandum, ‘‘Antidumping Duty and
Countervailing Duty Investigations of Certain
Mobile Access Equipment and Subassemblies
Thereof from the People’s Republic of China: Final
Scope Decision Memorandum,’’ dated October 12,
2021 (Final Scope Decision Memorandum).
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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices
Co., Ltd. (LGMG) we relied upon in
making this final determination, in
accordance with section 782(i) of the
Tariff Act of 1930, as amended (the
Act).7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
interested parties in this investigation
are addressed in the Issues and Decision
Memorandum. For a list of the issues
raised by interested parties and
addressed in the Issues and Decision
Memorandum, see Appendix II to this
notice. The Issues and Decision
Memorandum is a public document and
is available electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
China-Wide Entity and Use of Adverse
Facts Available
For the reasons explained in the
Preliminary Determination, we continue
to find that the use of adverse facts
available (AFA), pursuant to sections
9577
776(a) and (b) of the Act, is warranted
in determining the rate for the Chinawide entity.8 In selecting the AFA rate
for the China-wide entity, Commerce’s
practice it to select a rate that is
sufficiently adverse to ensure that the
uncooperative party does not obtain a
more favorable result by failing to
cooperate than if it had fully
cooperated.9 As AFA, we assigned the
China-wide entity a dumping margin of
165.30 percent, which is the highest
calculated rate in this investigation.
Because this constitutes primary
information, the statutory corroboration
requirement in section 776(c) of the Act
does not apply.
for calculating the all-others rate in an
investigation, for guidance when
calculating the rate for separate rate
respondents which we did not
individually examine. Because the
calculated dumping margins of the
mandatory respondents, Dingli and
LGMG, are not zero, de minimis , or
based entirely on facts available,
consistent with section 735(c)(5)(A) of
the Act and our practice,10 based on
publicly ranged sales data, we assigned
the weighted average of these
mandatory respondents’ margins to all
non-individually examined companies
that qualified for a separate rate.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
Dingli and LGMG. For a discussion of
these changes, see the ‘‘Changes from
the Preliminary Determination’’ section
of the Issues and Decision
Memorandum.
Combination Rates
Separate Rates
For the final determination, we
continue to find that Dingli and LGMG
are eligible for separate rates. Generally,
Commerce looks to section 735(c)(5)(A)
of the Act, which provides instructions
In the Initiation Notice,11 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. For
the list of respondents that established
eligibility for separate rates and the
exporter/producer combination rates
applicable to these respondents, see the
Final Determination section.
Final Determination
Commerce determines that the
estimated weighted-average dumping
margins are as follows:
Estimated
weighted-average
dumping margin
(percent)
Exporter
Producer
Lingong Group Jinan Heavy Machinery Co., Ltd
Zhejiang Dingli Machinery Co., Ltd ....................
Lingong Group Jinan Heavy Machinery Co., Ltd
Zhejiang Dingli Machinery Co., Ltd ....................
165.30
31.70
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
165.10
31.54
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SEPARATE RATE APPLICABLE TO THE FOLLOWING NON-SELECTED COMPANIES
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
Non-selected exporter receiving a separate rate
Producer supplying the non-selected exporter
receiving a separate rate
Hunan Sinoboom Intelligent Equipment Co., Ltd
Mantall Heavy Industry Co., Ltd .........................
Noblelift Intelligent Equipment Co., Ltd ..............
Oshkosh JLG (Tianjin) Equipment Technology
Co., Ltd.
Sany Marine Heavy Industry Co., Ltd ................
Terex (Changzhou) Machinery Co., Ltd .............
Xuzhou Construction Machinery Group Imp. &
Exp. Co., Ltd.
China-Wide Entity ...............................................
Hunan Sinoboom Intelligent Equipment Co., Ltd
Mantall Heavy Industry Co., Ltd ........................
Noblelift Intelligent Equipment Co., Ltd .............
Noblelift Intelligent Equipment Co., Ltd .............
51.83
51.83
51.83
51.83
51.66
51.66
51.66
51.66
Sany Marine Heavy Industry Co., Ltd ................
Terex (Changzhou) Machinery Co, Ltd .............
Xuzhou Construction Machinery Group FireFighting Safety Equipment Co., Ltd.
51.83
51.83
51.83
51.66
51.66
51.66
165.30
165.14
7 See Commerce’s Letters, ‘‘In-lieu of on-site
Verification Questionnaire,’’ dated November 1,
2021; and, ‘‘In-lieu of on-site Verification
Questionnaire,’’ dated October 19, 2021.
8 See Preliminary Determination PDM at 16–18.
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9 See, e.g., Certain Uncoated Paper from
Indonesia: Final Determination of Sales at Less
Than Fair Value , 81 FR 3101 (January 20, 2016).
10 See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
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Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
11 See Initiation Notice, 86 FR at 15926.
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Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
lotter on DSK11XQN23PROD with NOTICES1
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
subject merchandise, as described in the
scope of the investigation in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register , as discussed
below.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
normal value exceeds U.S. price as
follows: (1) For the producer/exporter
combinations listed in the table above,
the cash deposit rate will be the rate
identified for that combination in the
table; (2) for all combinations of Chinese
producers/exporters of subject
merchandise that have not established
eligibility for their own separate rates,
the cash deposit rate will be the rate
established for the China-wide entity;
and (3) for all non-Chinese exporters of
subject merchandise which have not
established eligibility for their own
separate rates, the cash deposit rate will
be the cash deposit rate applicable to
the Chinese producer/exporter
combination (or China-wide entity) that
supplied that non-Chinese exporter.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. For a discussion
of the applicable adjustments for this
final determination, see Issues and
Decision Memorandum.12 These
suspension of liquidation instructions
will remain in effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our final
12 See
Issues and Decision Memorandum at 4–5.
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affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of mobile access equipment
from China no later than 45 days after
this final determination. If the ITC
determines that such injury does exist,
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instructions by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section of
this notice.
Notification Regarding Administrative
Protective Order
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an Administrative
Protective Order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: February 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
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
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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/or (2) frame sections. Chassis
assemblies may or may not include axles,
wheel end components, steering cylinders,
engine assembly, transmission, drive shafts,
tires and wheels, crawler tracks and wheels,
fuel tank, hydraulic oil tanks, battery
assemblies, and/or other components;
• boom turntable assemblies, for
connection to chassis assemblies, or to boom
assemblies. Boom turntable assemblies
include turntable frames. Boom turntable
assemblies may or may not include engine
assembly, slewing rings, fuel tank, hydraulic
oil tank, battery assemblies, counterweights,
hoods (enclosures), and/or other
components.
Importation of any of these subassemblies,
whether assembled or unassembled,
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
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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices
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
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.
lotter on DSK11XQN23PROD with NOTICES1
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Adjustment Under Section 777A(f) of the
Act
VI. Adjustment to Cash Deposit Rate For
Export Subsidies
VII. Changes Since the Preliminary
Determination
VIII. Discussion of the Issues
Issues Related to Dingli
Comment 1: Should China to the United
States Ocean Freight Surrogate Values
(SVs) be Revised
Comment 2: Should World to Brazil Ocean
Freight SVs be Revised
Comment 3: Should Commerce Multiply
the Value of Marine Insurance to Cover
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19:42 Feb 18, 2022
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110 percent of the Total Value of the
Goods Shipped
Comment 4: Should Commerce Include
Research and Development Expenses in
General and Administrative Expenses for
Further Manufacturing
Comment 5: Should Commerce Reject
Dingli’s Submission of Untimely New
Factual Information
Comment 6: Should Commerce Make
Revisions to its SVs for Dingli’s Inputs
for the Final Determination
Comment 7: Should Commerce Value
Certain Inputs that Include Alloy and
Non-Alloy Harmonized Tariff Schedule
Headings Based on a Simple Average of
SVs
Comment 8: Whether Commerce’s
Application of the Cohen’s-d Test to
Dingli’s U.S. Sales is Unsupported by
Substantial Evidence and Controlling
Law
Issues Related LGMG
Comment 9: Should Commerce Revise its
SVs for LGMG’s Inputs for the Final
Determination
Comment 10: Should Commerce Apply
Circumstance of Sale Adjustments to
Certain LGMG Sales for the Final
Determination
Issues Related to Dingli and LGMG
Comment 11: Should Commerce Deduct
Section 301 Duties from U.S. Sales Prices
in Calculating Dingli’s and LGMG’s
Dumping Margin
Issues Related to Skyjack Inc. (Skyjack)
Comment 12: Whether Skyjack is Entitled
to a Separate Rate
IX. Recommendation
[FR Doc. 2022–03660 Filed 2–18–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number: 220210–0045]
Evaluating and Improving NIST
Cybersecurity Resources: The
Cybersecurity Framework and
Cybersecurity Supply Chain Risk
Management
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice; request for information.
AGENCY:
The National Institute of
Standards and Technology (NIST) is
seeking information to assist in
evaluating and improving its
cybersecurity resources, including the
‘‘Framework for Improving Critical
Infrastructure Cybersecurity’’ (the
‘‘NIST Cybersecurity Framework,’’
‘‘CSF’’ or ‘‘Framework’’) and a variety of
existing and potential standards,
guidelines, and other information,
including those relating to improving
cybersecurity in supply chains. NIST is
SUMMARY:
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9579
considering updating the NIST
Cybersecurity Framework to account for
the changing landscape of cybersecurity
risks, technologies, and resources. In
addition, NIST recently announced it
would launch the National Initiative for
Improving Cybersecurity in Supply
Chains (NIICS) to address cybersecurity
risks in supply chains. This wideranging public-private partnership will
focus on identifying tools and guidance
for technology developers and
providers, as well as performanceoriented guidance for those acquiring
such technology. To inform the
direction of the NIICS, including how it
might be aligned and integrated with the
Cybersecurity Framework, NIST is
requesting information that will support
the identification and prioritization of
supply chain-related cybersecurity
needs across sectors. Responses to this
RFI will inform a possible revision of
the Cybersecurity Framework as well as
the NIICS initiative.
DATES: Comments in response to this
notice must be received by April 25,
2022. Submissions received after that
date may not be considered.
Comments may be submitted by any
of the following methods:
Electronic submission: Submit
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov and
enter NIST–2022–0001 in the search
field,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
Electronic submissions may also be
sent as an attachment to CSF-SCRMRFI@nist.gov and may be in any of the
following unlocked formats: HTML;
ASCII; Word; RTF; or PDF. Please
submit comments only and include your
name, organization’s name (if any), and
cite ‘‘NIST Cybersecurity RFI’’ in all
correspondence. Comments containing
references, studies, research, and other
empirical data that are not widely
published should include copies of the
referenced materials. Please do not
submit additional materials.
Comments received by the deadline
may be posted at www.regulations.gov
and https://www.nist.gov/
cyberframework. All submissions,
including attachments and other
supporting materials, may become part
of the public record and may be subject
to public disclosure. NIST reserves the
right to publish relevant comments
publicly, unedited and in their entirety.
Personal information, such as account
numbers or Social Security numbers, or
names of other individuals, should not
be included. Do not submit confidential
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]]>Agencies
[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9576-9579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03660]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-139]
Certain Mobile Access Equipment and Subassemblies Thereof From
the People's Republic of China: Final Affirmative Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
mobile access equipment and subassemblies thereof (mobile access
equipment) from the People's Republic of China (China) are being, or
are likely to be sold, in the United States at less than fair value
(LTFV).
DATES: Applicable February 22, 2022.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Andre Gziryan, 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)
482-2201, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2021, Commerce published in the Federal Register
its preliminary determination in the LTFV investigation of mobile
access equipment from China, in which it also postponed the final
determination until February 14, 2022.\1\ We invited interested parties
to comment on the Preliminary Determination. For a summary of the
events that occurred since Commerce published the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, see the Issues and Decision
Memorandum.\2\
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\1\ See Certain Mobile Access Equipment and Subassemblies
Thereof from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 86 FR
54164 (September 30, 2021) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Certain Mobile Access Equipment and
Subassemblies Thereof from the People's Republic of China: Decision
Memorandum for the Final Affirmative Determination of Sales at Less-
Than-Fair-Value,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Period of Investigation
The period of investigation is July 1, 2020, through December 31,
2020.
Scope of the Investigation
The products covered by this investigation are mobile access
equipment from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
On July 26, 2021, we issued a Preliminary Scope Decision
Memorandum.\3\ As discussed in the Preliminary Determination, Commerce
did not modify the scope language as it appeared in the Initiation
Notice.\4\ Interested parties were provided an opportunity to comment
on the Preliminary Scope Decision Memorandum in scope case and rebuttal
briefs.\5\ We received comments from interested parties on the
Preliminary Scope Decision Memorandum, which we addressed in the Final
Scope Decision Memorandum.\6\ Commerce is modifying the scope language
as it appeared in the Preliminary Determination. See Appendix I for the
final scope of this investigation.
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\3\ See Memorandum, ``Certain Mobile Access Equipment and
Subassemblies Thereof from the People's Republic of China: Decision
Memorandum for the Final Affirmative Determination of Sales at Less-
Than-Fair-Value,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
\4\ See Certain Mobile Access Equipment and Subassemblies
Thereof from the People's Republic of China: Initiation of Less-
Than-Fair-Value Investigation, 86 FR 15922, 15927 (March 25, 2021)
(Initiation Notice).
\5\ See Preliminary Scope Decision Memorandum at 2.
\6\ See Memorandum, ``Antidumping Duty and Countervailing Duty
Investigations of Certain Mobile Access Equipment and Subassemblies
Thereof from the People's Republic of China: Final Scope Decision
Memorandum,'' dated October 12, 2021 (Final Scope Decision
Memorandum).
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Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information provided by the two mandatory
respondents, Zhejiang Dingli Machinery Co., Ltd. (Dingli) and Lingong
Group Jinan Heavy Machinery
[[Page 9577]]
Co., Ltd. (LGMG) we relied upon in making this final determination, in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(the Act).\7\
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\7\ See Commerce's Letters, ``In-lieu of on-site Verification
Questionnaire,'' dated November 1, 2021; and, ``In-lieu of on-site
Verification Questionnaire,'' dated October 19, 2021.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by interested parties in this investigation are addressed in
the Issues and Decision Memorandum. For a list of the issues raised by
interested parties and addressed in the Issues and Decision Memorandum,
see Appendix II to this notice. The Issues and Decision Memorandum is a
public document and is available electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
China-Wide Entity and Use of Adverse Facts Available
For the reasons explained in the Preliminary Determination, we
continue to find that the use of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act, is warranted in
determining the rate for the China-wide entity.\8\ In selecting the AFA
rate for the China-wide entity, Commerce's practice it to select a rate
that is sufficiently adverse to ensure that the uncooperative party
does not obtain a more favorable result by failing to cooperate than if
it had fully cooperated.\9\ As AFA, we assigned the China-wide entity a
dumping margin of 165.30 percent, which is the highest calculated rate
in this investigation. Because this constitutes primary information,
the statutory corroboration requirement in section 776(c) of the Act
does not apply.
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\8\ See Preliminary Determination PDM at 16-18.
\9\ See, e.g., Certain Uncoated Paper from Indonesia: Final
Determination of Sales at Less Than Fair Value , 81 FR 3101 (January
20, 2016).
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculations for Dingli and LGMG. For a
discussion of these changes, see the ``Changes from the Preliminary
Determination'' section of the Issues and Decision Memorandum.
Separate Rates
For the final determination, we continue to find that Dingli and
LGMG are eligible for separate rates. Generally, Commerce looks to
section 735(c)(5)(A) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for separate rate respondents which we did not
individually examine. Because the calculated dumping margins of the
mandatory respondents, Dingli and LGMG, are not zero, de minimis , or
based entirely on facts available, consistent with section 735(c)(5)(A)
of the Act and our practice,\10\ based on publicly ranged sales data,
we assigned the weighted average of these mandatory respondents'
margins to all non-individually examined companies that qualified for a
separate rate.
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\10\ See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
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Combination Rates
In the Initiation Notice,\11\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. For the list of
respondents that established eligibility for separate rates and the
exporter/producer combination rates applicable to these respondents,
see the Final Determination section.
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\11\ See Initiation Notice, 86 FR at 15926.
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Final Determination
Commerce determines that the estimated weighted-average dumping
margins are as follows:
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter Producer average dumping subsidy offsets)
margin (percent) (percent)
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Lingong Group Jinan Heavy Machinery Co., Lingong Group Jinan Heavy 165.30 165.10
Ltd. Machinery Co., Ltd.
Zhejiang Dingli Machinery Co., Ltd....... Zhejiang Dingli Machinery 31.70 31.54
Co., Ltd.
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Separate Rate Applicable to the Following Non-Selected Companies
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Cash deposit rate
Non-selected exporter receiving a Producer supplying the non- Estimated weighted- (adjusted for
separate rate selected exporter receiving average dumping subsidy offsets)
a separate rate margin (percent) (percent)
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Hunan Sinoboom Intelligent Equipment Co., Hunan Sinoboom Intelligent 51.83 51.66
Ltd. Equipment Co., Ltd.
Mantall Heavy Industry Co., Ltd.......... Mantall Heavy Industry Co., 51.83 51.66
Ltd.
Noblelift Intelligent Equipment Co., Ltd. Noblelift Intelligent 51.83 51.66
Equipment Co., Ltd.
Oshkosh JLG (Tianjin) Equipment Noblelift Intelligent 51.83 51.66
Technology Co., Ltd. Equipment Co., Ltd.
Sany Marine Heavy Industry Co., Ltd...... Sany Marine Heavy Industry 51.83 51.66
Co., Ltd.
Terex (Changzhou) Machinery Co., Ltd..... Terex (Changzhou) Machinery 51.83 51.66
Co, Ltd.
Xuzhou Construction Machinery Group Imp. Xuzhou Construction 51.83 51.66
& Exp. Co., Ltd. Machinery Group Fire-
Fighting Safety Equipment
Co., Ltd.
China-Wide Entity........................ 165.30 165.14
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[[Page 9578]]
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in the scope of the investigation in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register , as discussed
below.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the normal
value exceeds U.S. price as follows: (1) For the producer/exporter
combinations listed in the table above, the cash deposit rate will be
the rate identified for that combination in the table; (2) for all
combinations of Chinese producers/exporters of subject merchandise that
have not established eligibility for their own separate rates, the cash
deposit rate will be the rate established for the China-wide entity;
and (3) for all non-Chinese exporters of subject merchandise which have
not established eligibility for their own separate rates, the cash
deposit rate will be the cash deposit rate applicable to the Chinese
producer/exporter combination (or China-wide entity) that supplied that
non-Chinese exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. For a
discussion of the applicable adjustments for this final determination,
see Issues and Decision Memorandum.\12\ These suspension of liquidation
instructions will remain in effect until further notice.
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\12\ See Issues and Decision Memorandum at 4-5.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of mobile access equipment from China no later
than 45 days after this final determination. If the ITC determines that
such injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instructions by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section of this notice.
Notification Regarding Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an Administrative Protective Order (APO) of their
responsibility concerning the destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: February 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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/or (2) frame
sections. Chassis assemblies may or may not include axles, wheel end
components, steering cylinders, engine assembly, transmission, drive
shafts, tires and wheels, crawler tracks and wheels, fuel tank,
hydraulic oil tanks, battery assemblies, and/or other components;
boom turntable assemblies, for connection to chassis
assemblies, or to boom assemblies. Boom turntable assemblies include
turntable frames. Boom turntable assemblies may or may not include
engine assembly, slewing rings, fuel tank, hydraulic oil tank,
battery assemblies, counterweights, hoods (enclosures), and/or other
components.
Importation of any of these subassemblies, whether assembled or
unassembled, 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
[[Page 9579]]
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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Adjustment Under Section 777A(f) of the Act
VI. Adjustment to Cash Deposit Rate For Export Subsidies
VII. Changes Since the Preliminary Determination
VIII. Discussion of the Issues
Issues Related to Dingli
Comment 1: Should China to the United States Ocean Freight
Surrogate Values (SVs) be Revised
Comment 2: Should World to Brazil Ocean Freight SVs be Revised
Comment 3: Should Commerce Multiply the Value of Marine
Insurance to Cover 110 percent of the Total Value of the Goods
Shipped
Comment 4: Should Commerce Include Research and Development
Expenses in General and Administrative Expenses for Further
Manufacturing
Comment 5: Should Commerce Reject Dingli's Submission of
Untimely New Factual Information
Comment 6: Should Commerce Make Revisions to its SVs for
Dingli's Inputs for the Final Determination
Comment 7: Should Commerce Value Certain Inputs that Include
Alloy and Non-Alloy Harmonized Tariff Schedule Headings Based on a
Simple Average of SVs
Comment 8: Whether Commerce's Application of the Cohen's-d Test
to Dingli's U.S. Sales is Unsupported by Substantial Evidence and
Controlling Law
Issues Related LGMG
Comment 9: Should Commerce Revise its SVs for LGMG's Inputs for
the Final Determination
Comment 10: Should Commerce Apply Circumstance of Sale
Adjustments to Certain LGMG Sales for the Final Determination
Issues Related to Dingli and LGMG
Comment 11: Should Commerce Deduct Section 301 Duties from U.S.
Sales Prices in Calculating Dingli's and LGMG's Dumping Margin
Issues Related to Skyjack Inc. (Skyjack)
Comment 12: Whether Skyjack is Entitled to a Separate Rate
IX. Recommendation
[FR Doc. 2022-03660 Filed 2-18-22; 8:45 am]
BILLING CODE 3510-DS-P
