Certain Low Speed Personal Transportation Vehicles From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 57865-57870 [2024-15604]
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Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Notices
requirements pertaining to the service of
documents in 19 CFR 351.303(f).48
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: July 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Investigation
The products covered by this investigation
are large top mount combination refrigeratorfreezers with a refrigerated volume of at least
15.6 cubic feet or 442 liters. For the purposes
of this investigation, the term ‘‘large top
mount combination refrigerator-freezers’’
consists of freestanding or built-in cabinets
that have an integral source of refrigeration
using compression technology, with all of the
following characteristics:
• The cabinet contains at least two interior
storage compartments accessible through two
separate external doors;
• The lower-most interior storage
compartment(s) that is accessible through an
external door is a fresh food or convertible
compartment, but is not a freezer
compartment, however, the existence of an
interior sub-compartment for ice-making in
the lower-most storage compartment does not
render the lower-most storage compartment a
freezer compartment; and
• There is a freezer or convertible
compartment that is mounted above the
lower-most interior storage compartment(s).
For the purposes of the investigation, a
fresh food compartment is capable of storing
food at temperatures above 32 degrees F (0
degrees C), a freezer compartment is capable
of storing food at temperatures at or below 32
degrees F (0 degrees C), and a convertible
compartment is capable of operating as either
a fresh food compartment or a freezer
compartment, as defined in this paragraph.
The products subject to this investigation
are currently classifiable under subheading
8418.10.0075 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Products subject to this investigation may
also enter under HTSUS subheadings
8418.21.0090, 8418.40.0000, and
8418.69.0180. The HTSUS subheadings are
provided for convenience and customs
purposes, but the written description of the
merchandise subject to this scope is
dispositive.
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[FR Doc. 2024–15601 Filed 7–15–24; 8:45 am]
BILLING CODE 3510–DS–P
48 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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57865
SUPPLEMENTARY INFORMATION:
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of LSPTVs from China are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) within the
meaning of section 731 of the Act, and
that imports of such products are
materially injuring, or threatening
material injury to, the LSPTVs industry
in the United States. Consistent with
section 732(b)(1) of the Act, the Petition
was accompanied by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in sections 771(9)(C) and (E) of
the Act.5 Commerce also finds that the
petitioner demonstrated sufficient
industry support for the initiation of the
requested LTFV investigation.6
The Petition
Period of Investigation
On June 20, 2024, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
petition concerning imports of certain
low speed personal transportation
vehicles (LSPTVs) from the People’s
Republic of China (China) filed in
proper form on behalf of the American
Personal Transportation Vehicle
Manufacturers Coalition (the
petitioner).1 The AD Petition was
accompanied by a countervailing duty
(CVD) petition concerning imports of
LSPTVs from China.2
Between June 24 and July 8, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition in supplemental
questionnaires.3 The petitioner
responded to Commerce’s supplemental
questionnaires between June 28 and July
9, 2024.4
Because the Petition was filed on June
20, 2024, and because China is a nonmarket economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the
period of investigation (POI) for this
China LTFV investigation is October 1,
2023, through March 31, 2024.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–176]
Certain Low Speed Personal
Transportation Vehicles From the
People’s Republic of China: Initiation
of Less-Than-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Gorden Struck or Jerry Xiao, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8151 or (202) 482–2273,
respectively.
AGENCY:
1 See Petitioner’s Letter, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties,’’ dated June 20, 2024 (the Petition). The
members of the petitioning coalition are Club Car,
LLC and Textron Specialized Vehicles Inc. See
Petition at Volume I (page 1 and Exhibit I–1).
2 See, generally, Petition.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated June 24, 2024 (General Issues
Questionnaire); and ‘‘Supplemental Questions,’’
dated June 24, 2024; and ‘‘Third General Issues
Questionnaire,’’ dated July 8, 2024 (Third General
Issues Questionnaire); see also Memorandum,
‘‘Phone Call with Counsel to Petitioner,’’ dated July
5, 2024 (July 5 Memorandum).
4 See Petitioner’s Letters, ‘‘Petitioner’s Response
to First Supplemental Questionnaire Regarding
Common Issues and Injury Volume I of the
Petition,’’ dated June 28, 2024 (First General Issues
Supplement); ‘‘Petitioner’s Response to First
Supplemental Questionnaire Regarding China
Antidumping Duty Volume II of the Petition,’’ dated
June 28, 2024; ‘‘Petitioner’s Responses to the Scope
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Scope of the Investigation
The products covered by this
investigation are LSPTVs from China.
For a full description of the scope of this
investigation, see the appendix to this
notice.
Comments on the Scope of the
Investigation
Between June 24 and July 8, 2024,
Commerce requested information and
clarification from the petitioner
regarding the proposed scope to ensure
that the scope language in the Petition
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7 Between June 28 and
July 9, 2024, the petitioner provided
Supplemental Questionnaire Regarding Common
Issues and Injury Volume I of the Petition,’’ dated
July 8, 2024 (Scope Supplement); and ‘‘Petitioner’s
Responses to Second Supplemental Questionnaire
Regarding Common Issues and Injury Volume I of
the Petition,’’ dated July 9, 2024 (Second General
Issues Supplement).
5 The American Personal Transportation Vehicle
Manufacturers Coalition is an interested party
under section 771(9)(E) of the Act, while the
members of the petitioning coalition are interested
parties under section 771(9)(C) of the Act.
6 See section on ‘‘Determination of Industry
Support for the Petition,’’ infra.
7 See General Issues Questionnaire; see also July
5 Memorandum and Third General Issues
Questionnaire.
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clarifications and revised the scope.8
The description of merchandise covered
by this investigation, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all scope comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determination. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on July 30, 2024,
which is 20 calendar days from the
signature date of this notice.11 Any
rebuttal comments, which may include
factual information, and should also be
limited to public information, must be
filed by 5:00 p.m. ET on August 9, 2024,
which is 10 calendar days from the
initial comment deadline.12
Commerce requests that any factual
information that parties consider
relevant to the scope of this
investigation be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
must contact Commerce and request
permission to submit the additional
information. All scope comments must
be filed simultaneously on the records
of the concurrent LTFV and CVD
investigations.
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Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.13 An
8 See First General Issues Supplement at 1–17; see
also Scope Supplement at 1–7 and Exhibits 1 and
2; and Second General Issues Supplement at 2–4.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See 19 CFR 351.303(b)(1).
12 Id.
13 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
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electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties with an opportunity to comment
on the appropriate physical
characteristics of LSPTVs to be reported
in response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production (FOP)
accurately, as well as to develop
appropriate product comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, all
product characteristics comments must
be filed by 5:00 p.m. ET on July 30,
2024, which is 20 calendar days from
the signature date of this notice.14 Any
rebuttal comments must be filed by 5:00
p.m. ET on August 9, 2024, which is 10
calendar days from the initial comment
deadline. All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of the
LTFV investigation.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
14 See 19 CFR 351.303(b)(1).
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using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC must apply the
same statutory definition regarding the
domestic like product,15 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.16
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.17 Based on our analysis of
the information submitted on the
record, we have determined that
LSPTVs, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.18
15 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
17 See Petition at Volume I (pages 18–25 and
Exhibits 4, 10, and 21–29); see also First General
Issues Supplement at 18.
18 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Checklist, ‘‘Certain
Low Speed Personal Transportation Vehicles from
the People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (China AD
Initiation Checklist) at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Certain Low
Speed Personal Transportation Vehicles from the
16 See
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In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its 2023
production of the domestic like
product.19 The petitioner estimated the
production of the domestic like product
for the remaining U.S. producers of
LSPTVs.20 We relied on data provided
by the petitioner for purposes of
measuring industry support.21
Our review of the data provided in the
Petition, the First General Issues
Supplement, the Second General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petition.22 First,
the Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).23 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.24 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.25 Accordingly, Commerce
determines that the Petition was filed on
People’s Republic of China (Attachment II). This
checklist is on file electronically via ACCESS.
19 See Petition at Volume I (pages 2–3 and Exhibit
3); see also First General Issues Supplement at 18;
and Second General Issues Supplement at 1–2.
20 See Petition at Volume I (pages 2–3 and
Exhibits 3 and 4); see also First General Issues
Supplement at 18–21 and Exhibit I-Supp-2; and
Second General Issues Supplement at 1–2.
21 See Petition at Volume I (pages 2–3 and
Exhibits 3 and 4); see also First General Issues
Supplement at 18–21 and Exhibit I-Supp-2; and
Second General Issues Supplement at 1–2. For
further discussion, see Attachment II of the China
AD Initiation Checklist.
22 See Attachment II of the China AD Initiation
Checklist.
23 Id.; see also section 732(c)(4)(D) of the Act.
24 See Attachment II of the China AD Initiation
Checklist.
25 Id.
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behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.26
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner alleges that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.27
The petitioner contends that the
industry’s injured condition is
illustrated by the significant and
increasing volume of subject imports;
declining market share; underselling
and price depression and/or
suppression; lost sales and revenues;
declines in production, capacity
utilization, and U.S. shipments;
declines in production-related workers,
hours worked, and wages paid; decline
in financial performance; and the
magnitude of the alleged dumping
margins.28 We assessed the allegations
and supporting evidence regarding
material injury, threat of material injury,
causation, as well as negligibility, and
we have determined that these
allegations are properly supported by
adequate evidence, and meet the
statutory requirements for initiation.29
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
an LTFV investigation of imports of
LSPTVs from China. The sources of data
for the deductions and adjustments
relating to U.S. price and normal value
(NV) are discussed in greater detail in
the China AD Initiation Checklist.
U.S. Price
The petitioner based constructed
export price (CEP) on pricing
information for sales, or offers for sale,
of LSPTVs produced in and exported
from China.30 The petitioner made
certain adjustments to U.S. price to
26 Id.
27 See Petition at Volume I (pages 29–30 and
Exhibit 30).
28 See Petition at Volume I (pages 16–18, 26–48
and Exhibits 13, 18–22, 24–25, and 31–62); see also
First General Issues Supplement at 21–22.
29 See China AD Initiation Checklist at
Attachment III, ‘‘Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Low Speed Personal
Transportation Vehicles from the People’s Republic
of China.’’
30 See China AD Initiation Checklist.
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calculate a net ex-factory U.S. price,
where applicable.31
Normal Value
Commerce considers China to be an
NME country.32 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
this China LTFV investigation.
Accordingly, we base NV on FOPs
valued in a surrogate market economy
country in accordance with section
773(c) of the Act.
The petitioner claims that Türkiye is
an appropriate surrogate country for
China because it is a market economy
that is at a level of economic
development comparable to that of
China and is a significant producer of
comparable merchandise.33 The
petitioner provided publicly available
information from Türkiye to value all
FOPs.34 Based on the information
provided by the petitioner, we believe it
is appropriate to use Türkiye as a
surrogate country for China to value all
FOPs for initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by Chinese
producers/exporters was not reasonably
available, the petitioner used productspecific consumption rates from a U.S.
producer of LSPTVs as a surrogate to
value Chinese manufacturers’ FOPs.35
Additionally, the petitioner calculated
factory overhead, selling, general, and
administrative expenses, and profit
31 Id.
32 See, e.g., Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 88 FR
15372 (March 13, 2023), and accompanying
Preliminary Decision Memorandum at 5,
unchanged in Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Final Affirmative Determination of Sales at LessThan-Fair Value and Final Affirmative
Determination of Critical Circumstances, 88 FR
34485 (May 30, 2023).
33 See China AD Initiation Checklist.
34 Id.
35 Id.
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based on the experience of a Turkish
producer of comparable merchandise.36
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of LSPTVs from China are
being, or are likely to be, sold in the
United States at LTFV. Based on
comparisons of CEP to NV, in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
range from 379.81 to 478.09 percent ad
valorem.37
Initiation of LTFV Investigation
Based upon the examination of the
Petition and supplemental
questionnaire responses, we find that
they meet the requirements of section
732 of the Act. Therefore, we are
initiating an LTFV investigation to
determine whether imports of LSPTVs
from China are being, or are likely to be,
sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
140 days after the date of this initiation.
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Respondent Selection
In the Petition, the petitioners named
240 companies in China as producers
and/or exporters of LSPTVs.38 Our
standard practice for respondent
selection in AD investigations involving
NME countries is to select respondents
based on quantity and value (Q&V)
questionnaires in cases where
Commerce has determined that the
number of companies is large, and it
cannot individually examine each
company based upon its resources.
Therefore, considering the number of
producers and/or exporters identified in
the Petition, Commerce will solicit Q&V
information that can serve as a basis for
selecting exporters for individual
examination in the event that Commerce
determines that the number is large and
decides to limit the number of
respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Because there are 240 Chinese
producers and/or exporters identified in
the Petition, Commerce has determined
that it will issue Q&V questionnaires to
the largest producers and/or exporters
that are identified in the U.S. Customs
and Border Protection data for which
36 Id.
there is complete address information
on the record.39
Commerce will post the Q&V
questionnaires along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
LSPTVs from China that do not receive
Q&V questionnaires may still submit a
response to the Q&V questionnaire and
can obtain a copy of the Q&V
questionnaire from Commerce’s website.
Responses to the Q&V questionnaire
must be submitted by the relevant
Chinese producers/exporters no later
than 5:00 p.m. ET on July 24, 2024,
which is two weeks from the signature
date of this notice. All Q&V
questionnaire responses must be filed
electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305(b). As
stated above, instructions for filing such
applications may be found on
Commerce’s website at https://
www.trade.gov/administrativeprotective-orders.
Separate Rates
In order to obtain separate rate status
in an NME investigation, exporters and
producers must submit a separate rate
application. The specific requirements
for submitting a separate rate
application in an NME investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://access.trade.gov/
Resources/nme/nme-sep-rate.html. The
separate rate application will be due 30
days after publication of this initiation
notice. Exporters and producers must
file a timely separate rate application if
they want to be considered for
individual examination. Exporters and
producers who submit a separate rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response both to the Q&V
questionnaire and to the separate rate
application by the respective deadlines
to receive consideration for separate rate
status. Companies not filing a timely
37 Id.
38 See Petition at Volume I (page 13 and Exhibit
12); see also First General Issues Supplement at 1
and Exhibit I–Supp–1.
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39 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Entry Data,’’ dated June 24,
2024.
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Q&V questionnaire response will not
receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that {Commerce} will now assign in its
NME investigation will be specific to those
producers that supplied the exporter during
the period of investigation. Note, however,
that one rate is calculated for the exporter
and all of the producers which supplied
subject merchandise to it during the period
of investigation. This practice applies both to
mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the {weighted average} of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.40
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
Government of China via ACCESS. To
the extent practicable, we will attempt
to provide a copy of the public version
of the Petition to each exporter named
in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
LSPTVs from China are materially
injuring, or threatening material injury
to, a U.S. industry.41 A negative ITC
determination will result in the
investigation being terminated.42
Otherwise, this LTFV investigation will
40 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005), at 6 (emphasis added),
available on Commerce’s website at https://access.
trade.gov/Resources/policy/bull05-1.pdf.
41 See section 733(a) of the Act.
42 Id.
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Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Notices
proceed according to statutory and
regulatory time limits.
khammond on DSKJM1Z7X2PROD with NOTICES
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 43 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.44 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.45 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
43 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
45 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
44 See
VerDate Sep<11>2014
16:55 Jul 15, 2024
Jkt 262001
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in this
investigation.46
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.47
Parties must use the certification
formats provided in 19 CFR
351.303(g).48 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).49
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: July 10, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this
investigation consists of certain low speed
personal transportation vehicles (LSPTV) and
subassemblies thereof, whether finished or
unfinished and whether assembled or
unassembled, with or without tires, wheels,
seats, steering columns and steering wheels,
canopies, roofs, or batteries. LSPTVs meeting
46 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
47 See section 782(b) of the Act.
48 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
49 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
57869
this description are generally open-air
vehicles with a minimum of four wheels, a
steering wheel, a traditional side-by-side or
in-line row seating arrangement (i.e., nonstraddle), foot operated accelerator and brake
pedals, and a gross vehicle weight of no
greater than 5,500 pounds. The main power
source for subject LSPTVs is either an
electric motor and battery (including but not
limited to lithium-ion batteries, lithium
phosphate batteries, lead acid batteries, and
absorbed glass mat batteries) or a gaspowered internal combustion engine. Subject
LSPTVs may be described as golf carts, golf
cars, low speed vehicles, personal
transportation vehicles, or light utility
vehicles.
LSPTVs subject to this investigation
typically have a maximum top nameplate
speed of no greater than 25 miles per hour
as required by federal, state, and local laws
and regulations. Subject LSPTVs with a
maximum top nameplate speed greater than
20 miles per hour normally must comply
with the U.S. Department of Transportation’s
Federal Motor Vehicle Safety Standards for
Low-Speed Vehicles set forth in 49 CFR
571.500. LSPTVs that otherwise meet the
physical description of this scope but are not
certified under 49 CFR 571.500 and are not
certified under other sections of subpart B of
the Federal Motor Vehicle Safety Standards
(49 CFR part 571), are not excluded from this
investigation. LSPTVs that are certified under
both 49 CFR 571.500 and other sections of
subpart B of the Federal Motor Vehicle Safety
Standards remain subject to the scope of this
investigation. Subject LSPTVs that have a
maximum top nameplate speed of less than
25 miles per hour may be certified to the SAE
International (SAE) standards SAE J2258 and
SAE J2358. LSPTVs that have a maximum
top nameplate speed of less than 20 miles per
hour may also be certified to the Outdoor
Power Equipment Institute (OPEI) standards
OPEI Z130.1 and OPEI Z135.
An unfinished and/or unassembled LSPTV
subject to this investigation covers at a
minimum a subassembly, also known as a
‘‘rolling chassis,’’ which is typically
comprised of, but not limited to, a frame or
body with front and/or rear suspension
components (such as arms, springs, axles,
spindles, and shafts) installed and
powertrain components (including either an
electric motor or a gas-powered internal
combustion engine) installed or ready for
installation.
When imported together with a rolling
chassis subject to this investigation, other
LSPTV components, such as batteries,
bumpers, wheel and tire assemblies,
cowlings, fenders, grills, kick plates, steering
column and steering wheel assemblies, dash
assembly, seat assemblies, pedal assemblies,
brake assemblies, canopy or roof assemblies,
temporary rain enclosures, windshields,
mirrors, headlights, taillights, lighting
systems, or storage—whether assembled or
unassembled, whether as part of a kit or not,
and whether or not accompanied by
additional components—constitute part of an
unfinished and/or unassembled LSPTV that
is subject to this investigation. The inclusion
of other products, components, or assemblies
not described here does not remove the
product from the scope.
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57870
Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Notices
Subject LSPTVs and subassemblies are
covered by the scope of this investigation
whether or not they are accompanied by
other parts. This investigation covers all
LSPTVs and subassemblies meeting the
physical description of the scope, regardless
of overall length, width, or height. Individual
components that do not comprise a subject
LSPTV or subassembly that are entered and
sold by themselves are not subject to the
investigation, but components entered with a
LSPTV or subassembly, whether finished or
unfinished and whether assembled or
unassembled, are subject merchandise.
LSPTVs and subassemblies subject to this
investigation include those that are produced
in the subject country whether assembled
with other components in the subject country
or in a third country. Processing or
completion of finished and unfinished
LSPTVs and subassemblies either in the
subject country or in a third country does not
remove the product from the scope.
Specifically excluded from the scope of
this investigation are all-terrain vehicles
(which typically have straddle seating and
are steered by handlebars), multipurpose offhighway utility vehicles (which typically
have a maximum top nameplate speed of
greater than 25 miles per hour), and
recreational off-highway vehicles (which
typically have a maximum top nameplate
speed of greater than 30 miles per hour). Also
excluded from the scope are go-karts, electric
scooters, golf trolleys, and mobility aids
(which include power wheelchairs and
scooters which are used for the express
purpose of enabling mobility for a person).
The LSPTVs subject to the investigation are
typically classified in the Harmonized Tariff
Schedule of the United States (HTSUS) at
subheading 8703.10.5030. LSPTVs subject to
the investigation may also enter under
HTSUS subheading 8703.90.0100. The
LSPTV subassemblies that are subject to the
investigation typically enter under HTSUS
subheadings 8706.00.1540 and 8707.10.0040.
The HTSUS subheadings are provided for
convenience and customs purposes only, and
the written description of the merchandise
subject to the investigation is dispositive.
[FR Doc. 2024–15604 Filed 7–15–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–177]
khammond on DSKJM1Z7X2PROD with NOTICES
Certain Low Speed Personal
Transportation Vehicles From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
VerDate Sep<11>2014
16:55 Jul 15, 2024
Jkt 262001
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
The Petition
On June 20, 2024, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of certain
low speed personal transportation
vehicles (LSPTV) from the People’s
Republic of China (China) filed in
proper form on behalf of the American
Personal Transportation Vehicle
Manufacturers Coalition (the
petitioner).1 The Petition was
accompanied by an antidumping duty
(AD) petition concerning imports of
LSPTVs from China.2
Between June 24 and July 8, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.3 The petitioner
responded to Commerce’s requests
between June 28 and July 9, 2024.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of
LSPTVs from China, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing LSPTVs in
the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR
351.202(b), the allegations on which we
are initiating this CVD investigation are
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated June 20, 2024 (the Petition). The
members of the petitioning coalition are Club Car,
LLC and Textron Specialized Vehicles Inc. See
Petition at Volume I (page 1 and Exhibit I–1).
2 See generally Petition
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated June 24, 2024 (General Issues
Questionnaire); ‘‘Supplemental Questions regarding
Volume III,’’ dated June 25, 2024; and ‘‘Third
General Issues Questionnaire,’’ dated July 8, 2024
(Third General Issues Questionnaire); see also
Memorandum, ‘‘Phone Call with Counsel to
Petitioner,’’ dated July 5, 2024 (July 5
Memorandum).
4 See Petitioner’s Letters, ‘‘Petitioner’s Response
to First Supplemental Questionnaire Regarding
Common Issues and Injury Volume I of the
Petition,’’ dated June 28, 2024 (First General Issues
Supplement); ‘‘Petitioner’s Responses to First
Supplemental Questionnaire Regarding China
Countervailing Duty Volume III of the Petition,’’
dated July 1, 2024; ‘‘Petitioner’s Responses to the
Scope Supplemental Questionnaire Regarding
Common Issues and Injury Volume I of the
Petition,’’ dated July 8, 2024 (Scope Supplement);
and ‘‘Petitioner’s Responses to Second
Supplemental Questionnaire Regarding Common
Issues and Injury Volume I of the Petition,’’ dated
July 9, 2024 (Second General Issues Supplement).
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
supported by information reasonably
available to the petitioner.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in sections 771(9)(C) and (E) of
the Act.5 Commerce also finds that the
petitioner demonstrated sufficient
industry support with respect to the
initiation of the requested CVD
investigation.6
Period of Investigation
Because the Petition was filed on June
20, 2024, the period of investigation
(POI) for China is January 1, 2023,
through December 31, 2023.7
Scope of the Investigation
The merchandise covered by this
investigation is LSPTVs from China. For
a full description of the scope of this
investigation, see the appendix to this
notice.
Comments on the Scope of the
Investigation
Between June 24 and July 8, 2024,
Commerce requested information and
clarification from the petitioner
regarding the proposed scope to ensure
that the scope language in the Petition
is an accurate reflection of the products
for which the domestic industry is
seeking relief.8 Between June 28 and
July 9, 2024, the petitioner provided
clarifications and revised the scope.9
The description of merchandise covered
by this investigation, as described in the
appendix to this notice, reflects these
clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).10 Commerce will consider
all scope comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determination. If scope comments
5 The American Personal Transportation Vehicle
Manufacturers Coalition is an interested party
under section 771(9)(E) of the Act, while the
members of the petitioning coalition are interested
parties under section 771(9)(C) of the Act.
6 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
7 See 19 CFR 351.204(b)(2).
8 See General Issues Questionnaire; see also July
5 Memorandum; and Third General Issues
Questionnaire.
9 See First General Issues Supplement at 1–17; see
also Scope Supplement at 1–7 and Exhibits 1 and
2; and Second General Issues Supplement at 2–4.
10 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble); see also 19 CFR 351.312.
E:\FR\FM\16JYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57865-57870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15604]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-176]
Certain Low Speed Personal Transportation Vehicles From the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT: Gorden Struck or Jerry Xiao, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8151 or (202) 482-2273,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On June 20, 2024, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
certain low speed personal transportation vehicles (LSPTVs) from the
People's Republic of China (China) filed in proper form on behalf of
the American Personal Transportation Vehicle Manufacturers Coalition
(the petitioner).\1\ The AD Petition was accompanied by a
countervailing duty (CVD) petition concerning imports of LSPTVs from
China.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated June 20, 2024 (the
Petition). The members of the petitioning coalition are Club Car,
LLC and Textron Specialized Vehicles Inc. See Petition at Volume I
(page 1 and Exhibit I-1).
\2\ See, generally, Petition.
---------------------------------------------------------------------------
Between June 24 and July 8, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ The petitioner responded to Commerce's
supplemental questionnaires between June 28 and July 9, 2024.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
June 24, 2024 (General Issues Questionnaire); and ``Supplemental
Questions,'' dated June 24, 2024; and ``Third General Issues
Questionnaire,'' dated July 8, 2024 (Third General Issues
Questionnaire); see also Memorandum, ``Phone Call with Counsel to
Petitioner,'' dated July 5, 2024 (July 5 Memorandum).
\4\ See Petitioner's Letters, ``Petitioner's Response to First
Supplemental Questionnaire Regarding Common Issues and Injury Volume
I of the Petition,'' dated June 28, 2024 (First General Issues
Supplement); ``Petitioner's Response to First Supplemental
Questionnaire Regarding China Antidumping Duty Volume II of the
Petition,'' dated June 28, 2024; ``Petitioner's Responses to the
Scope Supplemental Questionnaire Regarding Common Issues and Injury
Volume I of the Petition,'' dated July 8, 2024 (Scope Supplement);
and ``Petitioner's Responses to Second Supplemental Questionnaire
Regarding Common Issues and Injury Volume I of the Petition,'' dated
July 9, 2024 (Second General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of LSPTVs from
China are being, or are likely to be, sold in the United States at less
than fair value (LTFV) within the meaning of section 731 of the Act,
and that imports of such products are materially injuring, or
threatening material injury to, the LSPTVs industry in the United
States. Consistent with section 732(b)(1) of the Act, the Petition was
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in sections 771(9)(C) and (E) of the Act.\5\ Commerce also
finds that the petitioner demonstrated sufficient industry support for
the initiation of the requested LTFV investigation.\6\
---------------------------------------------------------------------------
\5\ The American Personal Transportation Vehicle Manufacturers
Coalition is an interested party under section 771(9)(E) of the Act,
while the members of the petitioning coalition are interested
parties under section 771(9)(C) of the Act.
\6\ See section on ``Determination of Industry Support for the
Petition,'' infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on June 20, 2024, and because China
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for this China LTFV
investigation is October 1, 2023, through March 31, 2024.
Scope of the Investigation
The products covered by this investigation are LSPTVs from China.
For a full description of the scope of this investigation, see the
appendix to this notice.
Comments on the Scope of the Investigation
Between June 24 and July 8, 2024, Commerce requested information
and clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ Between June 28 and July 9, 2024, the petitioner provided
[[Page 57866]]
clarifications and revised the scope.\8\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Questionnaire; see also July 5 Memorandum
and Third General Issues Questionnaire.
\8\ See First General Issues Supplement at 1-17; see also Scope
Supplement at 1-7 and Exhibits 1 and 2; and Second General Issues
Supplement at 2-4.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on July 30, 2024, which is 20 calendar days from the
signature date of this notice.\11\ Any rebuttal comments, which may
include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on August 9, 2024, which is
10 calendar days from the initial comment deadline.\12\
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b)(1).
\12\ Id.
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties with an opportunity to
comment on the appropriate physical characteristics of LSPTVs to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
product characteristics comments must be filed by 5:00 p.m. ET on July
30, 2024, which is 20 calendar days from the signature date of this
notice.\14\ Any rebuttal comments must be filed by 5:00 p.m. ET on
August 9, 2024, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
LTFV investigation.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
---------------------------------------------------------------------------
\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\17\ Based on our analysis of the information
submitted on the record, we have determined that LSPTVs, as defined in
the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\18\
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\17\ See Petition at Volume I (pages 18-25 and Exhibits 4, 10,
and 21-29); see also First General Issues Supplement at 18.
\18\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Certain Low Speed Personal Transportation Vehicles from
the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (China AD Initiation Checklist) at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Certain Low Speed Personal
Transportation Vehicles from the People's Republic of China
(Attachment II). This checklist is on file electronically via
ACCESS.
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[[Page 57867]]
In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
2023 production of the domestic like product.\19\ The petitioner
estimated the production of the domestic like product for the remaining
U.S. producers of LSPTVs.\20\ We relied on data provided by the
petitioner for purposes of measuring industry support.\21\
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\19\ See Petition at Volume I (pages 2-3 and Exhibit 3); see
also First General Issues Supplement at 18; and Second General
Issues Supplement at 1-2.
\20\ See Petition at Volume I (pages 2-3 and Exhibits 3 and 4);
see also First General Issues Supplement at 18-21 and Exhibit I-
Supp-2; and Second General Issues Supplement at 1-2.
\21\ See Petition at Volume I (pages 2-3 and Exhibits 3 and 4);
see also First General Issues Supplement at 18-21 and Exhibit I-
Supp-2; and Second General Issues Supplement at 1-2. For further
discussion, see Attachment II of the China AD Initiation Checklist.
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Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petition.\22\ First, the
Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action in order to evaluate industry support (e.g.,
polling).\23\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\24\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\25\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 732(b)(1) of the
Act.\26\
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\22\ See Attachment II of the China AD Initiation Checklist.
\23\ Id.; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the China AD Initiation Checklist.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ See Petition at Volume I (pages 29-30 and Exhibit 30).
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The petitioner contends that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports; declining market share; underselling and price depression and/
or suppression; lost sales and revenues; declines in production,
capacity utilization, and U.S. shipments; declines in production-
related workers, hours worked, and wages paid; decline in financial
performance; and the magnitude of the alleged dumping margins.\28\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\29\
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\28\ See Petition at Volume I (pages 16-18, 26-48 and Exhibits
13, 18-22, 24-25, and 31-62); see also First General Issues
Supplement at 21-22.
\29\ See China AD Initiation Checklist at Attachment III,
``Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Low Speed Personal Transportation Vehicles from the
People's Republic of China.''
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of LSPTVs from China. The sources of data for
the deductions and adjustments relating to U.S. price and normal value
(NV) are discussed in greater detail in the China AD Initiation
Checklist.
U.S. Price
The petitioner based constructed export price (CEP) on pricing
information for sales, or offers for sale, of LSPTVs produced in and
exported from China.\30\ The petitioner made certain adjustments to
U.S. price to calculate a net ex-factory U.S. price, where
applicable.\31\
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\30\ See China AD Initiation Checklist.
\31\ Id.
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Normal Value
Commerce considers China to be an NME country.\32\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this China LTFV investigation.
Accordingly, we base NV on FOPs valued in a surrogate market economy
country in accordance with section 773(c) of the Act.
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\32\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
---------------------------------------------------------------------------
The petitioner claims that T[uuml]rkiye is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\33\ The petitioner provided
publicly available information from T[uuml]rkiye to value all FOPs.\34\
Based on the information provided by the petitioner, we believe it is
appropriate to use T[uuml]rkiye as a surrogate country for China to
value all FOPs for initiation purposes.
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\33\ See China AD Initiation Checklist.
\34\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioner used product-specific consumption rates from a U.S. producer
of LSPTVs as a surrogate to value Chinese manufacturers' FOPs.\35\
Additionally, the petitioner calculated factory overhead, selling,
general, and administrative expenses, and profit
[[Page 57868]]
based on the experience of a Turkish producer of comparable
merchandise.\36\
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\35\ Id.
\36\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of LSPTVs from China are being, or are likely to
be, sold in the United States at LTFV. Based on comparisons of CEP to
NV, in accordance with sections 772 and 773 of the Act, the estimated
dumping margins range from 379.81 to 478.09 percent ad valorem.\37\
---------------------------------------------------------------------------
\37\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
questionnaire responses, we find that they meet the requirements of
section 732 of the Act. Therefore, we are initiating an LTFV
investigation to determine whether imports of LSPTVs from China are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of this initiation.
Respondent Selection
In the Petition, the petitioners named 240 companies in China as
producers and/or exporters of LSPTVs.\38\ Our standard practice for
respondent selection in AD investigations involving NME countries is to
select respondents based on quantity and value (Q&V) questionnaires in
cases where Commerce has determined that the number of companies is
large, and it cannot individually examine each company based upon its
resources. Therefore, considering the number of producers and/or
exporters identified in the Petition, Commerce will solicit Q&V
information that can serve as a basis for selecting exporters for
individual examination in the event that Commerce determines that the
number is large and decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are 240 Chinese producers and/or exporters identified in
the Petition, Commerce has determined that it will issue Q&V
questionnaires to the largest producers and/or exporters that are
identified in the U.S. Customs and Border Protection data for which
there is complete address information on the record.\39\
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\38\ See Petition at Volume I (page 13 and Exhibit 12); see also
First General Issues Supplement at 1 and Exhibit I-Supp-1.
\39\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated June 24, 2024.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of LSPTVs from China that do
not receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant Chinese producers/exporters no later than
5:00 p.m. ET on July 24, 2024, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers must file a timely separate rate application if they want to
be considered for individual examination. Exporters and producers who
submit a separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that companies from China
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\40\
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\40\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of LSPTVs from China are materially injuring,
or threatening material injury to, a U.S. industry.\41\ A negative ITC
determination will result in the investigation being terminated.\42\
Otherwise, this LTFV investigation will
[[Page 57869]]
proceed according to statutory and regulatory time limits.
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\41\ See section 733(a) of the Act.
\42\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \43\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\44\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\43\ See 19 CFR 351.301(b).
\44\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\45\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\46\
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\45\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\46\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\47\
Parties must use the certification formats provided in 19 CFR
351.303(g).\48\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\47\ See section 782(b) of the Act.
\48\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\49\
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\49\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: July 10, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation consists of
certain low speed personal transportation vehicles (LSPTV) and
subassemblies thereof, whether finished or unfinished and whether
assembled or unassembled, with or without tires, wheels, seats,
steering columns and steering wheels, canopies, roofs, or batteries.
LSPTVs meeting this description are generally open-air vehicles with
a minimum of four wheels, a steering wheel, a traditional side-by-
side or in-line row seating arrangement (i.e., non-straddle), foot
operated accelerator and brake pedals, and a gross vehicle weight of
no greater than 5,500 pounds. The main power source for subject
LSPTVs is either an electric motor and battery (including but not
limited to lithium-ion batteries, lithium phosphate batteries, lead
acid batteries, and absorbed glass mat batteries) or a gas-powered
internal combustion engine. Subject LSPTVs may be described as golf
carts, golf cars, low speed vehicles, personal transportation
vehicles, or light utility vehicles.
LSPTVs subject to this investigation typically have a maximum
top nameplate speed of no greater than 25 miles per hour as required
by federal, state, and local laws and regulations. Subject LSPTVs
with a maximum top nameplate speed greater than 20 miles per hour
normally must comply with the U.S. Department of Transportation's
Federal Motor Vehicle Safety Standards for Low-Speed Vehicles set
forth in 49 CFR 571.500. LSPTVs that otherwise meet the physical
description of this scope but are not certified under 49 CFR 571.500
and are not certified under other sections of subpart B of the
Federal Motor Vehicle Safety Standards (49 CFR part 571), are not
excluded from this investigation. LSPTVs that are certified under
both 49 CFR 571.500 and other sections of subpart B of the Federal
Motor Vehicle Safety Standards remain subject to the scope of this
investigation. Subject LSPTVs that have a maximum top nameplate
speed of less than 25 miles per hour may be certified to the SAE
International (SAE) standards SAE J2258 and SAE J2358. LSPTVs that
have a maximum top nameplate speed of less than 20 miles per hour
may also be certified to the Outdoor Power Equipment Institute
(OPEI) standards OPEI Z130.1 and OPEI Z135.
An unfinished and/or unassembled LSPTV subject to this
investigation covers at a minimum a subassembly, also known as a
``rolling chassis,'' which is typically comprised of, but not
limited to, a frame or body with front and/or rear suspension
components (such as arms, springs, axles, spindles, and shafts)
installed and powertrain components (including either an electric
motor or a gas-powered internal combustion engine) installed or
ready for installation.
When imported together with a rolling chassis subject to this
investigation, other LSPTV components, such as batteries, bumpers,
wheel and tire assemblies, cowlings, fenders, grills, kick plates,
steering column and steering wheel assemblies, dash assembly, seat
assemblies, pedal assemblies, brake assemblies, canopy or roof
assemblies, temporary rain enclosures, windshields, mirrors,
headlights, taillights, lighting systems, or storage--whether
assembled or unassembled, whether as part of a kit or not, and
whether or not accompanied by additional components--constitute part
of an unfinished and/or unassembled LSPTV that is subject to this
investigation. The inclusion of other products, components, or
assemblies not described here does not remove the product from the
scope.
[[Page 57870]]
Subject LSPTVs and subassemblies are covered by the scope of
this investigation whether or not they are accompanied by other
parts. This investigation covers all LSPTVs and subassemblies
meeting the physical description of the scope, regardless of overall
length, width, or height. Individual components that do not comprise
a subject LSPTV or subassembly that are entered and sold by
themselves are not subject to the investigation, but components
entered with a LSPTV or subassembly, whether finished or unfinished
and whether assembled or unassembled, are subject merchandise.
LSPTVs and subassemblies subject to this investigation include
those that are produced in the subject country whether assembled
with other components in the subject country or in a third country.
Processing or completion of finished and unfinished LSPTVs and
subassemblies either in the subject country or in a third country
does not remove the product from the scope.
Specifically excluded from the scope of this investigation are
all-terrain vehicles (which typically have straddle seating and are
steered by handlebars), multipurpose off-highway utility vehicles
(which typically have a maximum top nameplate speed of greater than
25 miles per hour), and recreational off-highway vehicles (which
typically have a maximum top nameplate speed of greater than 30
miles per hour). Also excluded from the scope are go-karts, electric
scooters, golf trolleys, and mobility aids (which include power
wheelchairs and scooters which are used for the express purpose of
enabling mobility for a person).
The LSPTVs subject to the investigation are typically classified
in the Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 8703.10.5030. LSPTVs subject to the investigation may
also enter under HTSUS subheading 8703.90.0100. The LSPTV
subassemblies that are subject to the investigation typically enter
under HTSUS subheadings 8706.00.1540 and 8707.10.0040. The HTSUS
subheadings are provided for convenience and customs purposes only,
and the written description of the merchandise subject to the
investigation is dispositive.
[FR Doc. 2024-15604 Filed 7-15-24; 8:45 am]
BILLING CODE 3510-DS-P
