Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 35067-35069 [2024-09458]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
printing plates. Aluminum lithographic
printing plates consist of a flat substrate
containing at least 90 percent aluminum. The
aluminum-containing substrate is generally
treated using a mechanical, electrochemical,
or chemical graining process, which is
followed by one or more anodizing
treatments that form a hydrophilic layer on
the aluminum-containing substrate. An
image-recording, oleophilic layer that is
sensitive to light, including but not limited
to ultra-violet, visible, or infrared, is
dispersed in a polymeric binder material that
is applied on top of the hydrophilic layer,
generally on one side of the aluminum
lithographic printing plate. The oleophilic
light-sensitive layer is capable of capturing
an image that is transferred onto the plate by
either light or heat. The image applied to an
aluminum lithographic printing plate
facilitates the production of newspapers,
magazines, books, yearbooks, coupons,
packaging, and other printed materials
through an offset printing process, where an
aluminum lithographic printing plate
facilitates the transfer of an image onto the
printed media. Aluminum lithographic
printing plates within the scope of this
investigation include all aluminum
lithographic printing plates, irrespective of
the dimensions or thickness of the
underlying aluminum substrate, whether the
plate requires processing after an image is
applied to the plate, whether the plate is
ready to be mounted to a press and used in
printing operations immediately after an
image is applied to the plate, or whether the
plate has been exposed to light or heat to
create an image on the plate or remains
unexposed and is free of any image.
Subject merchandise also includes
aluminum lithographic printing plates
produced from an aluminum sheet coil that
has been coated with a light-sensitive imagerecording layer in a subject country and that
is subsequently unwound and cut to the final
dimensions to produce a finished plate in a
third country (including the United States),
or exposed to light or heat to create an image
on the plate in a third country (including in
a foreign trade zone within the United
States).
Excluded from the scope of this
investigation are lithographic printing plates
manufactured using a substrate produced
from a material other than aluminum, such
as rubber or plastic.
Aluminum lithographic printing plates are
currently classifiable under Harmonized
Tariff of the United States (HTSUS)
subheadings 3701.30.0000 and 3701.99.6060.
Further, merchandise that falls within the
scope of this investigation may also be
entered into the United States under HTSUS
subheadings 3701.99.3000 and 8442.50.1000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
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IV. Application of Facts Available and Use of
Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–09456 Filed 4–30–24; 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:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Zhejiang Dingli
Machinery Co., Ltd. (Dingli), the sole
mandatory respondent in this review
and an exporter of certain mobile access
equipment and subassemblies thereof
(MAE) from the People’s Republic of
China (China), sold subject merchandise
in the United States at prices below
normal value (NV) during the period of
review April 13, 2022, through March
31, 2023. In addition, Commerce is
rescinding this review with respect to
Oshkosh JLG (Tianjin) Equipment
Technology Co., Ltd. (Oshkosh),
Lingong Group Jinan Heavy Machinery
Co., Ltd. (Lingong), and Terex
(Changzhou) Machinery Co., Ltd.
(Terex). Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable May 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, 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) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 14, 2022, Commerce
published in the Federal Register the
antidumping duty order on MAE from
China.1 On June 12, 2023, based on
timely requests for review, in
accordance with 19 CFR
1 See Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China: Antidumping Duty Order, 87 FR 22190
(April 14, 2022) (Order).
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35067
351.221(c)(1)(i), we initiated this
administrative review of the Order with
respect to four companies.2 On
December 11, 2023, we extended the
deadline for the preliminary results of
this review to April 26, 2024.3 For a
complete description of the events that
occurred since the initiation of this
review, see the Preliminary Decision
Memorandum.4 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice.
Scope of the Order 5
The merchandise covered by the
Order is MAE from China. A full
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. On
July 11, 2023, the petitioner 6 timely
withdrew its request for an
administrative review of Oshkosh.7 On
July 26, 2023, Lingong timely withdrew
its request for an administrative
review.8 On August 8, 2023, the
petitioner timely withdrew its request
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated December 11, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See Order, 87 FR at 22190.
6 The petitioner is the Coalition of American
Manufacturers of Mobile Access Equipment.
7 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated July 11,
2023.
8 See Lingong’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated July 26, 2023.
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
Register, in accordance with 19 CFR
351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.
Rebuttal briefs, limited to issues raised
Separate Rate
in the case briefs, may be filed not later
Commerce preliminary determines
than five days after the date for filing
that Dingli is eligible to receive a
case briefs.12 Interested parties who
separate rate in this administrative
submit case briefs or rebuttal briefs in
review. For additional information, see
this administrative review must submit:
the Preliminary Decision Memorandum. (1) a table of contents listing each issue;
and (2) a table of authorities.13 As
China-Wide Entity
provided under 19 CFR 351.309(c)(2)
Commerce’s policy regarding the
and (d)(2), in prior proceedings we have
conditional review of the China-wide
encouraged interested parties to provide
entity applies to this administrative
an executive summary of their brief that
review.10 Under this policy, the Chinashould be limited to five pages total,
wide entity will not be under review
including footnotes. In this review, we
unless a party specifically requests, or
instead request that interested parties
Commerce self-initiates, a review of the
provide at the beginning of their briefs
entity. Because no party requested a
a public, executive summary for each
review of the China-wide entity in this
issue raised in their briefs.14 Further, we
review, the China-wide entity is not
request that interested parties limit their
under review, and the China-wide
public executive summary of each issue
entity’s rate (i.e., 165.14 percent) is not
to no more than 450 words, not
subject to change.
including citations. We intend to use
the public executive summaries as the
Methodology
basis of the comment summaries
Commerce is conducting this review
included in the issues and decision
in accordance with section 751(a)(1)(B)
memorandum that will accompany the
of the Tariff Act of 1930, as amended
final results in this administrative
(the Act). For a full description of the
review. We request that interested
methodology underlying our
parties include footnotes for relevant
conclusions, see the Preliminary
citations in the public executive
Decision Memorandum.11
summary of each issue.
Pursuant to 19 CFR 351.310(c),
Preliminary Results of the Review
interested parties who wish to request a
We preliminarily determine that the
hearing must submit a written request to
following weighted-average dumping
the Assistant Secretary for Enforcement
margin exists for the period April 13,
and Compliance, filed electronically via
2022, through March 31, 2023, for the
ACCESS. Requests should contain: (1)
mandatory respondent:
the party’s name, address, and
telephone number; (2) the number of
Weighted- participants and whether any
average
participant is a foreign national; and (3)
Exporter
dumping
a list of issues to be discussed. Issues
margin
(percent)
raised in the hearing will be limited to
those raised in case and rebuttal briefs.
Zhejiang Dingli Machinery Co.,
All submissions, including case and
Ltd ...........................................
9.33
rebuttal briefs, as well as hearing
requests, should be filed using
Disclosure and Public Comment
ACCESS.15 An electronically filed
document must be received successfully
Commerce intends to disclose its
in its entirety by ACCESS by 5:00 p.m.
calculations performed in these
Eastern Time on the established
preliminary results to interested parties
deadline. Note that Commerce has
within five days after the date of
publication of this notice in the Federal amended certain of its requirements
ddrumheller on DSK120RN23PROD with NOTICES1
for an administrative review of Terex.9
Because there are no outstanding review
requests for these companies, Commerce
is rescinding the administrative review
of Oshkosh, Lingong, and Terex,
consistent with 19 CFR 351.213(d)(1).
9 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated August
8, 2023.
10 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
11 See Preliminary Decision Memorandum.
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12 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
15 See 19 CFR 351.303.
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pertaining to the service of documents
in 19 CFR 351.303(f).16
Final Results of Review
Unless the deadline is extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in written briefs, no later
than 120 days after the date of
publication of this notice in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Assessment Rates
Upon completion of the final results,
Commerce shall determine and U.S.
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries of subject
merchandise covered by this review.
If an examined respondent’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than
0.50 percent) in the final results of this
review, we intend to calculate an
importer-specific assessment rate for
antidumping duties based on the ratio of
the total amount of dumping calculated
for each importer’s examined sales and
the total entered value of those same
sales in accordance with 19 CFR
351.212(b)(1).17 If the weighted-average
dumping margin for Dingli or an
importer-specific assessment rate is zero
or de minimis in the final results of this
review, we intend to instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.18
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.19
For the companies for which we are
rescinding this administrative review,
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, during the
period of review, in accordance with 19
CFR 351.212(c)(1)(i).
Commerce intends to issue
assessment instructions to CBP no
16 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
17 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
18 Id., 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
19 See section 751(a)(2)(C) of the Act.
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on, or after, the
publication date of the final results of
review, as provided in section
751(a)(2)(C) of the Act: (1) for the
subject merchandise exported by the
company listed above that has a
separate rate, the cash deposit rate will
be equal to the weighted-average
dumping margin established in the final
results of this administrative review
(except, if the rate is zero or de minimis,
then zero cash deposit will be required);
(2) for previously investigated or
reviewed Chinese and non-Chinese
exporters of subject merchandise not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (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 that for the Chinawide entity, i.e., 165.14 percent; 20 and
(4) for all non-Chinese exporters of
subject merchandise which have not
received their own separate rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
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 and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
20 See Order, 87 FR at 22191, adjusted for export
subsidies as outlined in Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value, 87
FR 9576, 9578 (February 22, 2022).
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16:59 Apr 30, 2024
Jkt 262001
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of this
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, 19 CFR 351.213(h)(2), and 19
CFR 351.221(b)(4).
Dated: April 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
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 the Methodology
VI. Adjustment Under Section 777A(f) of the
Act
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–09458 Filed 4–30–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–104]
Alloy and Certain Carbon Steel
Threaded Rod From the People’s
Republic of China: Preliminary Results
and Partial Rescission of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Ningbo Dongxin HighStrength Nut Co., Ltd. (Ningbo
Dongxin), the sole mandatory
respondent in this review and an
exporter of alloy and certain carbon
steel threaded rod (threaded rod) from
the People’s Republic of China (China),
sold subject merchandise in the United
States at prices below normal value
(NV) during the period of review April
1, 2022, through March 31, 2023.
Additionally, Commerce is rescinding
this review with respect to Ningbo
AGENCY:
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35069
Zhongjiang High Strength Bolts Co., Ltd.
(Ningbo Zhongjiang). Interested parties
are invited to comment on these
preliminary results of review.
DATES: Applicable May 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott, 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) 482–4270.
SUPPLEMENTARY INFORMATION:
Background
On April 9, 2020, Commerce
published in the Federal Register the
antidumping duty order on threaded rod
from China.1 On June 12, 2023, based on
timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the Order
covering two companies: Ningbo
Dongxin and Ningbo Zhongjiang.2 On
November 30, 2023, we extended the
deadline for these preliminary results of
this review to April 26, 2024.3 For a
complete description of the events that
occurred since the initiation of this
review, see the Preliminary Decision
Memorandum.4
Scope of the Order 5
The merchandise covered by the
Order is alloy and certain carbon steel
threaded rod from China. For a
complete description of the scope of the
order, see the Preliminary Decision
Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. On
June 16, 2023, Ningbo Zhongjiang
timely withdrew its request for an
1 See Alloy and Certain Carbon Steel Threaded
Rod from the People’s Republic of China:
Antidumping Duty Order, 85 FR 19929 (April 9,
2020) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated November 30, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Alloy and Certain Carbon
Steel Threaded Rod from the People’s Republic of
China; 2022–2023,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See Order.
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Agencies
[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35067-35069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09458]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-139]
Certain Mobile Access Equipment and Subassemblies Thereof From
the People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Zhejiang Dingli Machinery Co., Ltd. (Dingli), the sole
mandatory respondent in this review and an exporter of certain mobile
access equipment and subassemblies thereof (MAE) from the People's
Republic of China (China), sold subject merchandise in the United
States at prices below normal value (NV) during the period of review
April 13, 2022, through March 31, 2023. In addition, Commerce is
rescinding this review with respect to Oshkosh JLG (Tianjin) Equipment
Technology Co., Ltd. (Oshkosh), Lingong Group Jinan Heavy Machinery
Co., Ltd. (Lingong), and Terex (Changzhou) Machinery Co., Ltd. (Terex).
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable May 1, 2024.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
On April 14, 2022, Commerce published in the Federal Register the
antidumping duty order on MAE from China.\1\ On June 12, 2023, based on
timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i),
we initiated this administrative review of the Order with respect to
four companies.\2\ On December 11, 2023, we extended the deadline for
the preliminary results of this review to April 26, 2024.\3\ For a
complete description of the events that occurred since the initiation
of this review, see the Preliminary Decision Memorandum.\4\ The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice.
---------------------------------------------------------------------------
\1\ See Certain Mobile Access Equipment and Subassemblies
Thereof from the People's Republic of China: Antidumping Duty Order,
87 FR 22190 (April 14, 2022) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
11, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Mobile Access Equipment and Subassemblies Thereof from the People's
Republic of China; 2022-2023,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Order, 87 FR at 22190.
---------------------------------------------------------------------------
The merchandise covered by the Order is MAE from China. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On July
11, 2023, the petitioner \6\ timely withdrew its request for an
administrative review of Oshkosh.\7\ On July 26, 2023, Lingong timely
withdrew its request for an administrative review.\8\ On August 8,
2023, the petitioner timely withdrew its request
[[Page 35068]]
for an administrative review of Terex.\9\ Because there are no
outstanding review requests for these companies, Commerce is rescinding
the administrative review of Oshkosh, Lingong, and Terex, consistent
with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\6\ The petitioner is the Coalition of American Manufacturers of
Mobile Access Equipment.
\7\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated July 11, 2023.
\8\ See Lingong's Letter, ``Withdrawal of Request for
Administrative Review,'' dated July 26, 2023.
\9\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated August 8, 2023.
---------------------------------------------------------------------------
Separate Rate
Commerce preliminary determines that Dingli is eligible to receive
a separate rate in this administrative review. For additional
information, see the Preliminary Decision Memorandum.
China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\10\ Under this
policy, the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
this review, the China-wide entity is not under review, and the China-
wide entity's rate (i.e., 165.14 percent) is not subject to change.
---------------------------------------------------------------------------
\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.\11\
---------------------------------------------------------------------------
\11\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period April 13, 2022, through March 31,
2023, for the mandatory respondent:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Zhejiang Dingli Machinery Co., Ltd.......................... 9.33
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose its calculations performed in these
preliminary results to interested parties within five days after the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\12\ Interested parties who submit case
briefs or rebuttal briefs in this administrative review must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\13\ As provided under 19 CFR 351.309(c)(2) and (d)(2), in
prior proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\14\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue.
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\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in case and rebuttal briefs.
All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\15\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\16\
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\15\ See 19 CFR 351.303.
\16\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
its analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine and
U.S. Customs and Border Protection (CBP) shall assess antidumping
duties on all appropriate entries of subject merchandise covered by
this review.
If an examined respondent's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.50 percent) in the final results
of this review, we intend to calculate an importer-specific assessment
rate for antidumping duties based on the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\17\ If the weighted-average dumping margin for Dingli or
an importer-specific assessment rate is zero or de minimis in the final
results of this review, we intend to instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\18\ The final
results of this administrative review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\19\
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\17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\18\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\19\ See section 751(a)(2)(C) of the Act.
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For the companies for which we are rescinding this administrative
review, 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, during the period of
review, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue assessment instructions to CBP no
[[Page 35069]]
earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on, or after, the publication date of
the final results of review, as provided in section 751(a)(2)(C) of the
Act: (1) for the subject merchandise exported by the company listed
above that has a separate rate, the cash deposit rate will be equal to
the weighted-average dumping margin established in the final results of
this administrative review (except, if the rate is zero or de minimis,
then zero cash deposit will be required); (2) for previously
investigated or reviewed Chinese and non-Chinese exporters of subject
merchandise not listed above that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the existing exporter-specific rate; (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 that for the China-wide
entity, i.e., 165.14 percent; \20\ and (4) for all non-Chinese
exporters of subject merchandise which have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\20\ See Order, 87 FR at 22191, adjusted for export subsidies as
outlined in Certain Mobile Access Equipment and Subassemblies
Thereof from the People's Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value, 87 FR 9576, 9578
(February 22, 2022).
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Notification to Importers
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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of this
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: April 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
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 the Methodology
VI. Adjustment Under Section 777A(f) of the Act
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-09458 Filed 4-30-24; 8:45 am]
BILLING CODE 3510-DS-P