Certain Low Speed Personal Transportation Vehicles From the People's Republic of China: Initiation of Countervailing Duty Investigation, 57870-57874 [2024-15605]
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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]
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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
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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).
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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.
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Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Notices
include factual information,11 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.12 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.13
Commerce requests that any factual
information that parties consider
relevant to the scope of this
investigation be submitted during the
time period identified above. However,
if a party subsequently finds that
additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All scope comments must
be filed simultaneously on the records
of the concurrent less than fair value
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.14 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
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Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC of the receipt of the Petition
and provided an opportunity for
consultations with respect to the
Petition.15 Commerce held
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 See 19 CFR 351.303(b)(1).
13 Id.
14 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.
15 See Commerce’s Letters, ‘‘Invitation for
Consultations to Discuss the Countervailing Duty
Petition on Certain Low Speed Personal
Transportation Vehicles from the People’s Republic
of China,’’ dated June 24, 2024.
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consultations with the GOC on July 8,
2024.16
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The 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,17 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.18
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
16 See Memorandum, ‘‘Consultations with
Officials from the Government of China,’’ dated July
9, 2024.
17 See section 771(10) of the Act.
18 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
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57871
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.19 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.20
In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its 2023
production of the domestic like
product.21 The petitioner estimated the
production of the domestic like product
for the remaining U.S. producers of
LSPTVs.22 We relied on data provided
by the petitioner for purposes of
measuring industry support.23
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.24 First,
19 See Petition at Volume I (pages 18–25 and
Exhibits 4, 10, and 21–29); see also First General
Issues Supplement at 18.
20 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.
21 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.
22 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.
23 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.
24 See Attachment II of the China AD Initiation
Checklist.
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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).25 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.26 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.27 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.28
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Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefiting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.29
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
see also section 732(c)(4)(D) of the Act.
Attachment II of the China AD Initiation
Checklist.
27 Id.
28 Id.
29 See Petition at Volume I (pages 29–30 and
Exhibit 30).
utilization, and U.S. shipments;
declines in production-related workers,
hours worked, and wages paid; and a
decline in financial performance.30 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.31
Initiation of CVD Investigation
Based upon the examination of the
Petition and supplemental response, we
find that they meet the requirements of
section 702 of the Act. Therefore, we are
initiating a CVD investigation to
determine whether imports of certain
LSPTV from China benefit from
countervailable subsidies conferred by
the GOC. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
later than 65 days after the date of these
initiations.
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 46 of the 54 programs
alleged by the petitioner. For a full
discussion of the basis for our decision
to initiate on each program, see the
China CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Respondent Selection
In the Petition, the petitioner
identifies 216 companies in China as
producers and/or exporters of LSPTV.32
Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in these investigations. In the
event that Commerce determines that
the number of companies is large and it
cannot individually examine each
company based on Commerce’s
resources, Commerce intends to select
respondents based on U.S. Customs and
Border Protection (CBP) data for U.S.
imports of LSPTV during the POI under
the appropriate Harmonized Tariff
Schedule of the United States
subheadings listed within the ‘‘Scope of
the Investigations’’ in the appendix.
On July 9, 2024, Commerce released
the CBP data for imports of LSPTV from
China under administrative protective
25 Id.;
26 See
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30 Id. at 16–18, 26–48, and Exhibits 13, 18–22, 24–
25, and 31–62; see also First General Issues
Supplement at 21–22.
31 See Petition at Volume III (page 2 and Exhibit
I–12).
32 Id. at Volume I (page 10 and Exhibit I–6).
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order (APO) to all parties with access to
information protected by APO and
indicated that interested parties wishing
to comment regarding the CBP data and/
or respondent selection must do so
within three business days of the
publication date of the notice of
initiation of these investigations.
Comments must be filed electronically
using ACCESS. An electronically filed
document must be received
successfully, in its entirety, by ACCESS
no later than 5:00 p.m. ET on the date
noted above. Commerce will not accept
rebuttal comments regarding the CBP
data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. 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 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports
LSPTV from China are materially
injuring, or threatening material injury
to, a U.S. industry.33 A negative ITC
determination for the GOC will result in
the investigation being terminated with
respect to that country.34 Otherwise,
this CVD investigation will proceed
according to statutory and regulatory
time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors of
production under 19 CFR 351.408(c) or
to measure the adequacy of
remuneration under 19 CFR
33 See
section 703(a)(1) of the Act.
34 Id.
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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 35 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.36 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 these
investigations.
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.37 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 these
investigations.38
35 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
37 See 19 CFR 351.302.
38 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
36 See
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Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.39
Parties must use the certification
formats provided in 19 CFR
351.303(g).40 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 these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).41
This notice is issued and published
pursuant to sections 702 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., 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
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
39 See section 782(b) of the Act.
40 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
41 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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57873
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.
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
E:\FR\FM\16JYN1.SGM
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57874
Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Notices
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. 2024–15605 Filed 7–15–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Artificial Intelligence Advisory
Committee
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The National Institute of
Standards and Technology (NIST)
announces that the National Artificial
Intelligence Advisory Committee
(NAIAC or Committee) will hold a
virtual briefing session. This session
will be held via web conference on
Thursday, August 1, 2024, from 2:00
p.m.–3:30 p.m. Eastern Time. The
primary purpose of this informational
briefing organized by the NAIAC’s AI in
Work and the Workforce Working Group
is to have invited guests brief the full
Committee on topics of interest related
to AI the workforce. The briefings are
from outside subject matter experts to
the full Committee. The final agenda
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:55 Jul 15, 2024
Jkt 262001
will be posted on the NIST website at
https://www.nist.gov/itl/nationalartificial-intelligence-advisorycommittee-naiac.
DATES: The NAIAC will meet on
Thursday, August 1, 2024 from 2:00
p.m.–3:30 p.m. Eastern Time.
ADDRESSES: The meeting will be held
via webinar. Please note participation
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Cheryl L. Gendron, Designated Federal
Officer, Information Technology
Laboratory, National Institute of
Standards and Technology, Telephone:
(301) 975–2785, Email address:
cheryl.gendron@nist.gov. Please direct
any inquiries to the committee at
naiac@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. 1001 et seq.,
notice is hereby given that the NAIAC
will meet virtually as set forth in the
DATES section of this notice. The
meetings will be open to the public.
The NAIAC is authorized by section
5104 of the National Artificial
Intelligence Initiative Act of 2020 (Pub.
L. 116–283), in accordance with the
provisions of the Federal Advisory
Committee Act, as amended (FACA), 5
U.S.C. 1001 et seq. The Committee
advises the President and the National
Artificial Intelligence Initiative Office
on matters related to the National
Artificial Intelligence Initiative.
Additional information on the NAIAC is
available at ai.gov/naiac/.
The primary purpose of this meeting
is to have the AI and Workforce
Working Group of the NAIAC host a
panel on AI and Just Transitions for
American Workers, exploring how the
nation can take fresh and innovative
worker-first approaches to help people
enjoy lifelong career success. Ensuring
that workers have job experiences that
are dignified, career-enhancing, and
allow for job mobility is not only an
imperative for worker and community
wellbeing; it ensures a stronger and
more competitive US economy. The
panels will seek to encourage a
pragmatic, multi-disciplinary, and
multi-stakeholder approach to the
problem. Thus, it seeks participation
from organizations, experts, workers,
and employers interested in offering a
range of perspectives and fresh ideas
supporting worker success in an
increasingly AI-influenced workforce
and economy. Additional information,
including the speaker names, will be
available on the agenda, which will be
posted online. Members of the public
interested in reviewing the agenda in
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
advance and viewing the sessions are
encouraged to visit https://
www.nist.gov/itl/national-artificialintelligence-advisory-committee-naiac
for session details and to register to
watch virtually. The agenda items may
change to accommodate NAIAC
business. The final agenda will be
posted on the NIST website at https://
www.nist.gov/itl/national-artificialintelligence-advisory-committee-naiac.
Comments: Individuals and
representatives of organizations who
would like to offer comments and
suggestions related to items on the
Committee’s agenda for this meeting are
invited to submit comments in advance
of the event. Please note that all
comments submitted via email will be
treated as public documents and will be
made available for public inspection.
All comments must be submitted via
email with the subject line ‘‘August 1,
2024, NAIAC Public Meeting’’ to naiac@
nist.gov by 5 p.m. Eastern Time, July 31,
2024. NIST will not accept comments
accompanied by a request that part or
all of the comment be treated
confidentially because of its business
proprietary nature or for any other
reason. Therefore, do not submit
confidential business information or
otherwise sensitive, protected, or
personal information, such as account
numbers, Social Security numbers, or
names of other individuals. Members of
the public may also submit written
comments to the NAIAC at any time.
Virtual Meeting Registration
Instructions: The meetings will be
broadcast via web conference. Requests
for special accommodations may be
made by emailing cheryl.gendron@
nist.gov. Registration is required to view
the web conference. Instructions on how
to register will be made available at
https://www.nist.gov/itl/nationalartificial-intelligence-advisorycommittee-naiac. Registration will
remain open until the conclusion of the
meetings.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2024–15528 Filed 7–15–24; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Industrial Advisory Committee
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
E:\FR\FM\16JYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57870-57874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15605]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-177]
Certain Low Speed Personal Transportation Vehicles From the
People's Republic of China: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148.
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\
---------------------------------------------------------------------------
\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
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 57871]]
include factual information,\11\ 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.\12\ 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.\13\
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b)(1).
\13\ Id.
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during the time period identified above. However, if a party
subsequently finds that additional factual information pertaining to
the scope of the investigation may be relevant, the party may contact
Commerce and request permission to submit the additional information.
All scope comments must be filed simultaneously on the records of the
concurrent less than fair value 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.\14\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\14\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided an
opportunity for consultations with respect to the Petition.\15\
Commerce held consultations with the GOC on July 8, 2024.\16\
---------------------------------------------------------------------------
\15\ See Commerce's Letters, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition on Certain Low Speed
Personal Transportation Vehicles from the People's Republic of
China,'' dated June 24, 2024.
\16\ See Memorandum, ``Consultations with Officials from the
Government of China,'' dated July 9, 2024.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The 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,\17\ 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.\18\
---------------------------------------------------------------------------
\17\ See section 771(10) of the Act.
\18\ 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.\19\ 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.\20\
---------------------------------------------------------------------------
\19\ See Petition at Volume I (pages 18-25 and Exhibits 4, 10,
and 21-29); see also First General Issues Supplement at 18.
\20\ 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.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
2023 production of the domestic like product.\21\ The petitioner
estimated the production of the domestic like product for the remaining
U.S. producers of LSPTVs.\22\ We relied on data provided by the
petitioner for purposes of measuring industry support.\23\
---------------------------------------------------------------------------
\21\ 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.
\22\ 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.
\23\ 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.
---------------------------------------------------------------------------
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.\24\ First,
[[Page 57872]]
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).\25\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\26\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\27\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\28\
---------------------------------------------------------------------------
\24\ See Attachment II of the China AD Initiation Checklist.
\25\ Id.; see also section 732(c)(4)(D) of the Act.
\26\ See Attachment II of the China AD Initiation Checklist.
\27\ Id.
\28\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\29\
---------------------------------------------------------------------------
\29\ See Petition at Volume I (pages 29-30 and Exhibit 30).
---------------------------------------------------------------------------
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; and a decline in
financial performance.\30\ 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.\31\
---------------------------------------------------------------------------
\30\ Id. at 16-18, 26-48, and Exhibits 13, 18-22, 24-25, and 31-
62; see also First General Issues Supplement at 21-22.
\31\ See Petition at Volume III (page 2 and Exhibit I-12).
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
response, we find that they meet the requirements of section 702 of the
Act. Therefore, we are initiating a CVD investigation to determine
whether imports of certain LSPTV from China benefit from
countervailable subsidies conferred by the GOC. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than 65
days after the date of these initiations.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 46 of the 54
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
In the Petition, the petitioner identifies 216 companies in China
as producers and/or exporters of LSPTV.\32\ Commerce intends to follow
its standard practice in CVD investigations and calculate company-
specific subsidy rates in these investigations. In the event that
Commerce determines that the number of companies is large and it cannot
individually examine each company based on Commerce's resources,
Commerce intends to select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of LSPTV during the POI under
the appropriate Harmonized Tariff Schedule of the United States
subheadings listed within the ``Scope of the Investigations'' in the
appendix.
---------------------------------------------------------------------------
\32\ Id. at Volume I (page 10 and Exhibit I-6).
---------------------------------------------------------------------------
On July 9, 2024, Commerce released the CBP data for imports of
LSPTV from China under administrative protective order (APO) to all
parties with access to information protected by APO and indicated that
interested parties wishing to comment regarding the CBP data and/or
respondent selection must do so within three business days of the
publication date of the notice of initiation of these investigations.
Comments must be filed electronically using ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the date noted above. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. 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 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports LSPTV from China are materially injuring, or
threatening material injury to, a U.S. industry.\33\ A negative ITC
determination for the GOC will result in the investigation being
terminated with respect to that country.\34\ Otherwise, this CVD
investigation will proceed according to statutory and regulatory time
limits.
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\33\ See section 703(a)(1) of the Act.
\34\ 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 of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR
[[Page 57873]]
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 \35\ 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.\36\ 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 these
investigations.
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\35\ See 19 CFR 351.301(b).
\36\ 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.\37\ 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 these investigations.\38\
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\37\ See 19 CFR 351.302.
\38\ 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.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\39\
Parties must use the certification formats provided in 19 CFR
351.303(g).\40\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\39\ See section 782(b) of the Act.
\40\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\41\
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\41\ 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 702 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.
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
[[Page 57874]]
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. 2024-15605 Filed 7-15-24; 8:45 am]
BILLING CODE 3510-DS-P
