Certain Low Speed Personal Transportation Vehicles From the People's Republic of China: Preliminary Affirmative Determination of Sale at Less-Than-Fair-Value Investigation, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination and Extension of Provisional Measures, 8517-8521 [2025-01945]
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Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 / Notices
Notification to Interested Parties
We are issuing and publishing these
amended final results of review in
accordance with sections 751(h) and
777(i) of the Act, and 19 CFR 351.224(e).
Dated: January 23, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2025–01944 Filed 1–29–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–176]
Certain Low Speed Personal
Transportation Vehicles From the
People’s Republic of China:
Preliminary Affirmative Determination
of Sale at Less-Than-Fair-Value
Investigation, Preliminary Affirmative
Determination of Critical
Circumstances, Postponement of Final
Determination and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain low speed
personal transportation vehicles
(LSPTVs) from the People’s Republic of
China (China) are being, or are likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is October 1, 2023,
through March 31, 2024. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable January 30, 2025.
FOR FURTHER INFORMATION CONTACT: Jerry
Xiao or Gorden Struck, 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) 482–2273 or (202) 482–8151,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on July 16, 2024.1 On July 22, 2024,
1 See Certain Low Speed Personal Transportation
Vehicles from the People’s Republic of China:
Initiation of Less-Than-Fair-Value Investigation, 89
FR 57865 (July 16, 2024) (Initiation Notice).
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Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 On November 13, 2024,
Commerce postponed the preliminary
determination of this investigation until
January 23, 2025.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are LSPTVs from China.
For a complete description of the scope
of this investigation, see Appendix I.
8517
issued a preliminary scope modification
memorandum in which it made one
modification to the scope and also
included proposed modifications to the
scope language and invited interested
parties to comment.8 For a summary of
the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.9
Commerce is preliminarily modifying
the scope language as it appeared in the
LSPTVs CVD Preliminary
Determination. See the scope in
Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices and constructed
export prices in accordance with
sections 772(a) and (b) of the Act,
respectively. Because China is a nonmarket economy (NME) within the
meaning of section 771(18) of the Act,
Commerce has calculated normal value
(NV) in accordance with section 773(c)
of the Act. Pursuant to sections 776(a)
and (b) of the Act, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, for the China-wide entity.
For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,5 in the
Initiation Notice Commerce set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope).6
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice.
Concurrent with the preliminary
Preliminary Affirmative Determination
determination in the companion
of Critical Circumstances
countervailing duty (CVD) investigation
of LSPTVs from China,7 Commerce
In accordance with section 733(e)(1)
of the Act and 19 CFR 351.206(c),
2 See Memorandum, ‘‘Tolling of Deadlines for
Commerce preliminarily determines
Antidumping and Countervailing Duty
that critical circumstances exist with
Proceedings,’’ dated July 22, 2024.
respect to imports of LSPTVs from
3 See Low Speed Personal Transportation
Vehicles from the People’s Republic of China:
China for Guangdong Lvtong New
Postponement of Preliminary Determination in the
Energy Electric Vehicle Technology Co.,
Less-Than-Fair-Value Investigation, 89 FR 89591
Ltd. (Guangdong Lvtong) and Xiamen
(November 13, 2024).
Dalle New Energy Automobile Co., Ltd
4 See Memorandum, ‘‘Decision Memorandum for
(Xiamen Dalle), the non-selected
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Certain Low
respondents eligible for a separate rate,
Speed Personal Transportation Vehicles from the
and the China-wide entity. For a full
People’s Republic of China,’’ dated concurrently
description of the methodology and
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR at 57866.
7 See Certain Low Speed Personal Transportation
Vehicles from the People’s Republic of China:
Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative
Determination of Critical Circumstances, in Part,
and Alignment of Final Determination With Final
Antidumping Duty Determination, 89 FR 96942
(December 6, 2024) (LSPTVs CVD Preliminary
Determination).
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8 See Memorandum, ‘‘Less-Than-Fair-Value and
Countervailing Duty Investigations of Certain Low
Speed Personal Transportation Vehicles from the
People’s Republic of China: Preliminary Scope
Modification Memorandum,’’ dated November 25,
2024.
9 See Memorandum, ‘‘Less-Than-Fair-Value and
Countervailing Duty Investigations of Certain Low
Speed Personal Transportation Vehicles from the
People’s Republic of China: Preliminary Scope
Decision Memorandum,’’ dated concurrently with
this notice (Preliminary Scope Decision
Memorandum).
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results of Commerce’s analysis, see the
Preliminary Decision Memorandum.
investigation, Commerce normally looks
to section 735(c)(5)(A) of the Act, which
pertains to the calculation of the allCombination Rates
others rate in a market economy LTFV
In the Initiation Notice,10 Commerce
investigation, for guidance. Pursuant to
stated that it would calculate producer/
section 735(c)(5)(A) of the Act, normally
exporter combination rates for the
this rate shall be an amount equal to the
respondents that are eligible for a
weighted average of the estimated
separate rate in this investigation. Policy weighted-average dumping margins
Bulletin 05.1 describes this practice.11
established for those companies
individually examined, excluding any
Non-Selected Separate Rate
margins that are zero, de minimis, or
We preliminarily granted a separate
based entirely under section 776 of the
rate to certain separate rate respondents Act.
Commerce calculated individual
that we did not select for individual
examination.12 In calculating the rate for estimated weighted-average dumping
non-individually examined separate rate margins for Guangdong Lvtong and
Xiamen Dalle that are not zero, de
respondents in an NME LTFV
minimis, or based entirely on facts
otherwise available. Therefore, we are
preliminarily determining the dumping
rate for the non-selected separate rate
companies (listed in Appendix III)
based on the weighted-average of the
calculated rates determined for the
mandatory respondents, Guangdong
Lvtong and Xiamen Dalle,13 in
accordance with section 735(c)(5)(A) of
the Act. See the table below in the
‘‘Preliminary Determination’’ section of
this notice.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter
Producer
Guangdong Lvtong New Energy Electric Vehicle
Technology Co., Ltd.
Xiamen Dalle New Energy Automobile Co., Ltd ....
Companies Eligible for a Separate Rate (see Appendix III).
China-Wide Entity ...................................................
Guangdong Lvtong New Energy Electric Vehicle
Technology Co., Ltd.
Xiamen Dalle New Energy Automobile Co., Ltd ....
.................................................................................
.................................................................................
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offset)
(percent)
127.35
127.29
262.55
248.19
262.55
248.16
* 478.09
478.09
* This rate is based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register, as discussed below. Further,
pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash
deposit equal to the weighted average
amount by which normal value exceeds
U.S. price, as indicated in the chart
above as follows: (1) for the producer/
exporter combinations listed in the table
above, the cash deposit rate is equal to
the estimated weighted-average
dumping margin listed for that
combination in the table; (2) for all
combinations of Chinese producers/
exporters of merchandise under
consideration that have not established
eligibility for their own separate rates,
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10 See
Initiation Notice, 88 FR at 57868.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
11 See
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the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the China-wide
entity; and (3) for all third-country
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
producer/exporter combination (or the
China-wide entity) that supplied that
third-country exporter.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of:
(a) the date that is 90 days before the
date on which the suspension of
liquidation was first ordered; or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise from the nonselected companies eligible for a
separate rate and the China-wide
entity.14 In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to all
unliquidated entries of merchandise
from all exporters that were entered, or
withdrawn from warehouse, for
consumption on or after the date that is
90 days before the publication of this
notice in the Federal Register.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce has made a
preliminary affirmative determination
for domestic subsidy pass-through or
export subsidies, Commerce has offset
the calculated estimated weightedaverage dumping margin by the
appropriate rate. Any such adjusted
rates may be found in the ‘‘Preliminary
Determination’’ section’s chart of
12 See the Preliminary Decision Memorandum for
additional details.
13 We have calculated (A) a weighted-average of
the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping
margins calculated for the mandatory respondents;
and (C) a weighted-average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly-ranged values for the
merchandise under consideration. We would
compare (B) and (C) to (A) and select the rate closest
to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof
from France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
14 See Preliminary Decision Memorandum.
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Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 / Notices
estimated weighted-average dumping
margins above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations and
analysis it performed in connection
with this preliminary determination
within five days of the public
announcement or, if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register in accordance with 19
CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify
information relied upon in making its
final determination.
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Public Comment
For the deadlines for submitting
scope-related case and rebuttal briefs,
refer to the Preliminary Scope Decision
Memorandum.15
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the final verification report is issued in
this investigation.16 A timeline for the
submission of case briefs and written
15 See
Preliminary Scope Decision Memorandum.
19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
16 See
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comments will be notified to interested
parties at a later date. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case
briefs.17 Interested parties who submit
case or rebuttal briefs in this proceeding
must submit: (1) a table of contents
listing each issue; and (2) a table of
authorities.18
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.19 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final determination
in this investigation. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).20
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain (1) the party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
17 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
18 See 19 CFR 351.309(c)(2) and (d)(2).
19 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
20 See APO and Final Service Rule.
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8519
postponed until no later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final antidumping
duty determination be accompanied by
a request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On November 11, 2024, pursuant to
19 CFR 351.210(e), Xiamen Dalle
requested that Commerce postpone the
final determination and that provisional
measures be extended to a period not to
exceed six months.21 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce’s final
determination will be published no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 733(f) of
the Act, Commerce will notify the ITC
of its preliminary determination of sales
at LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This preliminary determination is
issued and published in accordance
with sections 733(f) and 777(i)(1) of the
Act, and 19 CFR 351.205(c).
21 See Xiamen Dalle’s Letter, ‘‘Request for
Postponement of Final AD Determination,’’ dated
November 11, 2024.
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Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 / Notices
Dated: January 23, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation consists of certain low speed
personal transportation vehicles (LSPTVs)
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 open-air vehicles i.e.,
may have a permanent roof, may have a
permanent windshield, and may be covered
with temporary sides, 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 lithiumion 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 should
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 LowSpeed 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 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 have a
maximum top nameplate speed of greater
than 25 miles per hour), and recreational offhighway vehicles (which 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 8703.10.5060 and
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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Preliminary Affirmative Determination of
Critical Circumstances
VI. Adjustment Under Section 777(A)(F) of
the Act
VII. Adjustment to Cash Deposit Rate for
Export Subsidies in the Companion CVD
Investigation
VIII. Currency Conversion
IX. Recommendation
Appendix III
Companies Eligible for a Separate Rate
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Exporter
1 ....................
2 ....................
3 ....................
4 ....................
5 ....................
6 ....................
7 ....................
8 ....................
9 ....................
10 ..................
11 ..................
12 ..................
13 ..................
14 ..................
15 ..................
16 ..................
17 ..................
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Producer
Alwayz Electric Vehicle (Chuzhou) Co., Ltd ...............................
Dongguan Excar Electric Vehicle Co., Ltd .................................
GD Evtong New Tech Co., Ltd ...................................................
Greenman Electric Vehicles Co., Ltd .........................................
Guangdong Marshell Electric Vehicle Co., Ltd ...........................
Guangdong Yatian Industrial Co., Ltd ........................................
Guangdong Yitong New Energy Technology Co., Ltd ...............
Guangzhou BorCart Electric Vehicle Co., Ltd ............................
Guangzhou Langqing Electric Car Co., Ltd ................................
Guangzhou Rariro Vehicle Co., Ltd ............................................
Guangzhou Sachs Bikes Technology Co., Ltd ...........................
Haike EV Co., Ltd .......................................................................
Jiangsu FMX Electric Vehicle Co., Ltd .......................................
Jiaxing Learoad Special Vehicle Co., Ltd ...................................
Kangdi Electric Vehicle (Hainan) Co., Ltd ..................................
Qingdao Beemotor New Energy Vehicle Co., Ltd ......................
Qingdao Beemotor New Energy Vehicle Co., Ltd ......................
16:43 Jan 29, 2025
Jkt 265001
PO 00000
Frm 00008
Fmt 4703
Alwayz Electric Vehicle (Chuzhou) Co., Ltd.
Dongguan Excar Electric Vehicle Co., Ltd.
Guangdong Yitong New Energey Technology Co., Ltd.
Greenman Electric Vehicles Co., Ltd.
Guangdong Marshell Electric Vehicle Co., Ltd.
Guangdong Yatian Industrial Co., Ltd.
Guangdong Yitong New Energy Technology Co., Ltd.
Guangzhou Langqing Electric Car Co., Ltd.
Guangzhou Langqing Electric Car Co., Ltd.
Guangzhou Rariro Vehicle Co., Ltd.
LuckyRam Technology Co., Ltd.
Shandong Haike Vehicle Technology Co., Ltd.
Jiangsu FMX Electric Vehicle Co., Ltd.
Jiaxing Learoad Special Vehicle Co., Ltd.
Kangdi Electric Vehicle (Hainan) Co., Ltd.
Shandong Haike Vehicle Technology Co., Ltd.
Dezhou Fuqing Vehicle Industry Co., Ltd.
Sfmt 4703
E:\FR\FM\30JAN1.SGM
30JAN1
Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 / Notices
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–084, C–570–085]
Certain Quartz Surface Products From
the People’s Republic of China:
Continuation of Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on certain quartz surface
products (quartz surface products) from
the People’s Republic of China (China)
would likely lead to the continuation or
recurrence of dumping, countervailable
subsidies, and material injury to an
industry in the United States,
Commerce is publishing a notice of
continuation of the AD and CVD orders.
DATES: Applicable January 24, 2025.
FOR FURTHER INFORMATION CONTACT: Ajay
K. Menon, AD/CVD Operations, Office
IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0208.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Background
On July 11, 2019, Commerce
published in the Federal Register the
VerDate Sep<11>2014
Producer
Shandong Qiaoke New Energy Auto Industry Co., Ltd ..............
Shandong Yongli New Energy Vehicle Industry Co., Ltd ...........
Shanghai Dachi Auto Power Co., Ltd .........................................
Shanghai Helios New Energy Technology Co., Ltd ...................
Shanghai Sirius International Trading Co., Ltd ..........................
Shanghai Yixing Power Technology Co., Ltd .............................
Shenzhen Aoxiang Industrial Development Co., Ltd ..................
Shenzhen Lento New Energy Electric Vehicle Co., Ltd .............
Suzhou Alwayz Electric Vehicle Manufacturing Co., Ltd ...........
Suzhou Eagle Electric Vehicle Manufacturing Co., Ltd ..............
Suzhou Lexsong Electromechanical Equipment Co., Ltd ..........
Suzhou Lexsong Electromechanical Equipment Co., Ltd ..........
Suzhou Wintao Intelligent Technology Co., Ltd .........................
Taiyuan Steel Engineering Corp., Ltd ........................................
Taizhou Yoki Carts Co., Ltd .......................................................
Top New Energy Technology (Dongguan) Co., Ltd ...................
Wuxi Hio Special Vehicle Co., Ltd ..............................................
Wuxi Yaxi Electric Vehicle Sales Co., Ltd ..................................
Xingtel Xiamen Group Co., Ltd ...................................................
Yangzhou Whanlong Electric Vehicle Co., Ltd ...........................
Zhejiang Taotao Vehicles Co., Ltd .............................................
[FR Doc. 2025–01945 Filed 1–29–25; 8:45 am]
16:43 Jan 29, 2025
Jkt 265001
Shandong Qiaoke New Energy Auto Industry Co., Ltd.
Dachi Intelligent Automobile (Rizhao) Co., Ltd.
Dachi Intelligent Automobile (Rizhao) Co., Ltd.
Wuxi Yaxi Electric Vehicle Sales Co., Ltd.
Shanghai Sirius International Trading Co., Ltd.
Shanghai Yixing Power Technology Co., Ltd.
Shenzhen Aoxiang Industrial Development Co., Ltd.
Guangdong Lantu Electric Vehicle Co., Ltd.
Suzhou Alwayz Electric Vehicle Manufacturing Co., Ltd.
Suzhou Eagle Electric Vehicle Manufacturing Co., Ltd.
Wuxi Yaxi Electric Vehicle Co., Ltd.
Jiangsu Feimaxiang Technology Co., Ltd.
Suzhou Wintao Intelligent Technology Co., Ltd.
Wuxi Yaxi Electric Vehicle Sales Co., Ltd.
Taizhou Yoki Carts Co., Ltd.
Guangdong Yitong New Energy Technology Co., Ltd.
Wuxi Hio Special Vehicle Co., Ltd.
Wuxi Yaxi Electric Vehicle Co., Ltd.
Xingtel Xiamen Group Co., Ltd.
Yangzhou Whanlong Electric Vehicle Co., Ltd.
Zhejiang Taotao Vehicles Co., Ltd.
AD and CVD orders on quartz surface
products from China.1 On June 3, 2024,
the ITC instituted,2 and Commerce
initiated,3 the first sunset review of the
Orders, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).
As a result of its reviews, Commerce
determined that revocation of the
Orders would likely lead to the
continuation or recurrence of dumping
and countervailable subsidies, and
therefore, notified the ITC of the
magnitude of the margins of dumping
and subsidy rates likely to prevail
should the Orders be revoked.4
On January 24, 2025, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Orders would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.5
1 See Certain Quartz Surface Products from the
People’s Republic of China: Antidumping and
Countervailing Duty Orders, 84 FR 33053 (July 11,
2019) (Orders).
2 See Quartz Surface Products from China;
Institution of a Five-Year Review, 89 FR 47614 (June
3, 2024).
3 See Initiation of Five-Year (Sunset) Reviews, 89
FR 47525 (June 3, 2024).
4 See Certain Quartz Surface Products from the
People’s Republic of China: Final Results of the
Expedited First Sunset Review of the Antidumping
Duty Order, 89 FR 80885 (October 4, 2024), and
accompanying Issues and Decision Memorandum
(IDM); and Certain Quartz Surface Products from
the People’s Republic of China: Final Results of the
Expedited First Sunset Review of the Countervailing
Duty Order, 89 FR 81887 (October 9, 2024), and
accompanying IDM.
5 See Quartz Surface Products from China, 90 FR
8140 (January 24, 2025) (ITC Final Determination).
PO 00000
8521
Frm 00009
Fmt 4703
Sfmt 4703
Scope of the Orders
The scope of the Orders covers certain
quartz surface products.6 Quartz surface
products consist of slabs and other
surfaces created from a mixture of
materials that includes predominately
silica (e.g., quartz, quartz powder,
cristobalite) as well as a resin binder
(e.g., an unsaturated polyester). The
incorporation of other materials,
including, but not limited to, pigments,
cement, or other additives does not
remove the merchandise from the scope
of the Orders. However, the scope of the
Orders only includes products where
the silica content is greater than any
other single material, by actual weight.
Quartz surface products are typically
sold as rectangular slabs with a total
surface area of approximately 45 to 60
square feet and a nominal thickness of
one, two, or three centimeters. However,
the scope of the Orders includes surface
products of all other sizes, thicknesses,
and shapes. In addition to slabs, the
scope of the Orders includes, but is not
limited to, other surfaces such as
countertops, backsplashes, vanity tops,
bar tops, work tops, tabletops, flooring,
wall facing, shower surrounds, fire
place surrounds, mantels, and tiles.
Certain quartz surface products are
covered by the Orders whether polished
or unpolished, cut or uncut, fabricated
or not fabricated, cured or uncured,
edged or not edged, thermoformed or
not thermoformed, finished or
unfinished, packaged or unpackaged,
6 Quartz surface products may also generally be
referred to as engineered stone or quartz, artificial
stone or quartz, agglomerated stone or quartz,
synthetic stone or quartz, processed stone or quartz,
manufactured stone or quartz, and Bretonstone®.
E:\FR\FM\30JAN1.SGM
30JAN1
]]>Agencies
[Federal Register Volume 90, Number 19 (Thursday, January 30, 2025)]
[Notices]
[Pages 8517-8521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01945]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-176]
Certain Low Speed Personal Transportation Vehicles From the
People's Republic of China: Preliminary Affirmative Determination of
Sale at Less-Than-Fair-Value Investigation, Preliminary Affirmative
Determination of Critical Circumstances, Postponement of Final
Determination and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain low speed personal transportation vehicles
(LSPTVs) from the People's Republic of China (China) are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is October 1, 2023, through March 31,
2024. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable January 30, 2025.
FOR FURTHER INFORMATION CONTACT: Jerry Xiao or Gorden Struck, 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) 482-2273 or (202) 482-8151,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on July 16,
2024.\1\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\2\ On November 13, 2024,
Commerce postponed the preliminary determination of this investigation
until January 23, 2025.\3\
---------------------------------------------------------------------------
\1\ See Certain Low Speed Personal Transportation Vehicles from
the People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation, 89 FR 57865 (July 16, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Low Speed Personal Transportation Vehicles from the
People's Republic of China: Postponement of Preliminary
Determination in the Less-Than-Fair-Value Investigation, 89 FR 89591
(November 13, 2024).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Low Speed Personal Transportation Vehicles from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are LSPTVs from China.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ in
the Initiation Notice Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\6\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. Concurrent with the preliminary
determination in the companion countervailing duty (CVD) investigation
of LSPTVs from China,\7\ Commerce issued a preliminary scope
modification memorandum in which it made one modification to the scope
and also included proposed modifications to the scope language and
invited interested parties to comment.\8\ For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this preliminary determination, and accompanying discussion and
analysis of all comments timely received, see the Preliminary Scope
Decision Memorandum.\9\ Commerce is preliminarily modifying the scope
language as it appeared in the LSPTVs CVD Preliminary Determination.
See the scope in Appendix I to this notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\6\ See Initiation Notice, 89 FR at 57866.
\7\ See Certain Low Speed Personal Transportation Vehicles from
the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative
Determination of Critical Circumstances, in Part, and Alignment of
Final Determination With Final Antidumping Duty Determination, 89 FR
96942 (December 6, 2024) (LSPTVs CVD Preliminary Determination).
\8\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Certain Low Speed Personal Transportation
Vehicles from the People's Republic of China: Preliminary Scope
Modification Memorandum,'' dated November 25, 2024.
\9\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Certain Low Speed Personal Transportation
Vehicles from the People's Republic of China: Preliminary Scope
Decision Memorandum,'' dated concurrently with this notice
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices and
constructed export prices in accordance with sections 772(a) and (b) of
the Act, respectively. Because China is a non-market economy (NME)
within the meaning of section 771(18) of the Act, Commerce has
calculated normal value (NV) in accordance with section 773(c) of the
Act. Pursuant to sections 776(a) and (b) of the Act, Commerce
preliminarily has relied upon facts otherwise available, with adverse
inferences, for the China-wide entity. For a full description of the
methodology underlying Commerce's preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e)(1) of the Act and 19 CFR
351.206(c), Commerce preliminarily determines that critical
circumstances exist with respect to imports of LSPTVs from China for
Guangdong Lvtong New Energy Electric Vehicle Technology Co., Ltd.
(Guangdong Lvtong) and Xiamen Dalle New Energy Automobile Co., Ltd
(Xiamen Dalle), the non-selected respondents eligible for a separate
rate, and the China-wide entity. For a full description of the
methodology and
[[Page 8518]]
results of Commerce's analysis, see the Preliminary Decision
Memorandum.
Combination Rates
In the Initiation Notice,\10\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\11\
---------------------------------------------------------------------------
\10\ See Initiation Notice, 88 FR at 57868.
\11\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Non-Selected Separate Rate
We preliminarily granted a separate rate to certain separate rate
respondents that we did not select for individual examination.\12\ In
calculating the rate for non-individually examined separate rate
respondents in an NME LTFV investigation, Commerce normally looks to
section 735(c)(5)(A) of the Act, which pertains to the calculation of
the all-others rate in a market economy LTFV investigation, for
guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this
rate shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for those companies
individually examined, excluding any margins that are zero, de minimis,
or based entirely under section 776 of the Act.
---------------------------------------------------------------------------
\12\ See the Preliminary Decision Memorandum for additional
details.
---------------------------------------------------------------------------
Commerce calculated individual estimated weighted-average dumping
margins for Guangdong Lvtong and Xiamen Dalle that are not zero, de
minimis, or based entirely on facts otherwise available. Therefore, we
are preliminarily determining the dumping rate for the non-selected
separate rate companies (listed in Appendix III) based on the weighted-
average of the calculated rates determined for the mandatory
respondents, Guangdong Lvtong and Xiamen Dalle,\13\ in accordance with
section 735(c)(5)(A) of the Act. See the table below in the
``Preliminary Determination'' section of this notice.
---------------------------------------------------------------------------
\13\ We have calculated (A) a weighted-average of the dumping
margins calculated for the mandatory respondents; (B) a simple
average of the dumping margins calculated for the mandatory
respondents; and (C) a weighted-average of the dumping margins
calculated for the mandatory respondents using each company's
publicly-ranged values for the merchandise under consideration. We
would compare (B) and (C) to (A) and select the rate closest to (A)
as the most appropriate rate for all other companies. See Ball
Bearings and Parts Thereof from France, Germany, Italy, Japan, and
the United Kingdom: Final Results of Antidumping Duty Administrative
Reviews, Final Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1,
2010).
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit rate
weighted-average (adjusted for
Exporter Producer dumping margin subsidy offset)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Guangdong Lvtong New Energy Electric Guangdong Lvtong New Energy 127.35 127.29
Vehicle Technology Co., Ltd. Electric Vehicle Technology
Co., Ltd.
Xiamen Dalle New Energy Automobile Co., Xiamen Dalle New Energy 262.55 262.55
Ltd. Automobile Co., Ltd.
Companies Eligible for a Separate Rate ................................ 248.19 248.16
(see Appendix III).
China-Wide Entity....................... ................................ * 478.09 478.09
----------------------------------------------------------------------------------------------------------------
* This rate is based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) for
the producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
Chinese producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Chinese producer/exporter combination (or the China-wide entity)
that supplied that third-country exporter.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date that is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise from the non-selected companies eligible for a separate
rate and the China-wide entity.\14\ In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
all unliquidated entries of merchandise from all exporters that were
entered, or withdrawn from warehouse, for consumption on or after the
date that is 90 days before the publication of this notice in the
Federal Register.
---------------------------------------------------------------------------
\14\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce has made a preliminary affirmative determination for
domestic subsidy pass-through or export subsidies, Commerce has offset
the calculated estimated weighted-average dumping margin by the
appropriate rate. Any such adjusted rates may be found in the
``Preliminary Determination'' section's chart of
[[Page 8519]]
estimated weighted-average dumping margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
and analysis it performed in connection with this preliminary
determination within five days of the public announcement or, if there
is no public announcement, within five days of the date of publication
of this notice in the Federal Register in accordance with 19 CFR
351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
For the deadlines for submitting scope-related case and rebuttal
briefs, refer to the Preliminary Scope Decision Memorandum.\15\
---------------------------------------------------------------------------
\15\ See Preliminary Scope Decision Memorandum.
---------------------------------------------------------------------------
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the final verification
report is issued in this investigation.\16\ A timeline for the
submission of case briefs and written comments will be notified to
interested parties at a later date. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the date for filing case briefs.\17\ Interested parties who submit case
or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\18\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\17\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\19\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\20\
---------------------------------------------------------------------------
\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See APO and Final Service Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until no later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
duty determination be accompanied by a request for extension of
provisional measures from a four-month period to a period not more than
six months in duration.
On November 11, 2024, pursuant to 19 CFR 351.210(e), Xiamen Dalle
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\21\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce's
final determination will be published no later than 135 days after the
date of publication of this preliminary determination.
---------------------------------------------------------------------------
\21\ See Xiamen Dalle's Letter, ``Request for Postponement of
Final AD Determination,'' dated November 11, 2024.
---------------------------------------------------------------------------
U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination of sales at LTFV. If the final
determination is affirmative, the ITC will determine before the later
of 120 days after the date of this preliminary determination or 45 days
after the final determination whether imports of the subject
merchandise are materially injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR
351.205(c).
[[Page 8520]]
Dated: January 23, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation consists of
certain low speed personal transportation vehicles (LSPTVs) 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 open-air vehicles i.e., may have
a permanent roof, may have a permanent windshield, and may be
covered with temporary sides, 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 should 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 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 have a maximum top nameplate speed of greater than 25 miles
per hour), and recreational off-highway vehicles (which 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 8703.10.5060 and 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Preliminary Affirmative Determination of Critical Circumstances
VI. Adjustment Under Section 777(A)(F) of the Act
VII. Adjustment to Cash Deposit Rate for Export Subsidies in the
Companion CVD Investigation
VIII. Currency Conversion
IX. Recommendation
Appendix III
Companies Eligible for a Separate Rate
------------------------------------------------------------------------
Exporter Producer
------------------------------------------------------------------------
1................... Alwayz Electric Vehicle Alwayz Electric Vehicle
(Chuzhou) Co., Ltd. (Chuzhou) Co., Ltd.
2................... Dongguan Excar Electric Dongguan Excar Electric
Vehicle Co., Ltd. Vehicle Co., Ltd.
3................... GD Evtong New Tech Co., Guangdong Yitong New
Ltd. Energey Technology Co.,
Ltd.
4................... Greenman Electric Greenman Electric
Vehicles Co., Ltd. Vehicles Co., Ltd.
5................... Guangdong Marshell Guangdong Marshell
Electric Vehicle Co., Electric Vehicle Co.,
Ltd. Ltd.
6................... Guangdong Yatian Guangdong Yatian
Industrial Co., Ltd. Industrial Co., Ltd.
7................... Guangdong Yitong New Guangdong Yitong New
Energy Technology Co., Energy Technology Co.,
Ltd. Ltd.
8................... Guangzhou BorCart Guangzhou Langqing
Electric Vehicle Co., Electric Car Co., Ltd.
Ltd.
9................... Guangzhou Langqing Guangzhou Langqing
Electric Car Co., Ltd. Electric Car Co., Ltd.
10.................. Guangzhou Rariro Vehicle Guangzhou Rariro Vehicle
Co., Ltd. Co., Ltd.
11.................. Guangzhou Sachs Bikes LuckyRam Technology Co.,
Technology Co., Ltd. Ltd.
12.................. Haike EV Co., Ltd....... Shandong Haike Vehicle
Technology Co., Ltd.
13.................. Jiangsu FMX Electric Jiangsu FMX Electric
Vehicle Co., Ltd. Vehicle Co., Ltd.
14.................. Jiaxing Learoad Special Jiaxing Learoad Special
Vehicle Co., Ltd. Vehicle Co., Ltd.
15.................. Kangdi Electric Vehicle Kangdi Electric Vehicle
(Hainan) Co., Ltd. (Hainan) Co., Ltd.
16.................. Qingdao Beemotor New Shandong Haike Vehicle
Energy Vehicle Co., Ltd. Technology Co., Ltd.
17.................. Qingdao Beemotor New Dezhou Fuqing Vehicle
Energy Vehicle Co., Ltd. Industry Co., Ltd.
[[Page 8521]]
18.................. Shandong Qiaoke New Shandong Qiaoke New
Energy Auto Industry Energy Auto Industry
Co., Ltd. Co., Ltd.
19.................. Shandong Yongli New Dachi Intelligent
Energy Vehicle Industry Automobile (Rizhao)
Co., Ltd. Co., Ltd.
20.................. Shanghai Dachi Auto Dachi Intelligent
Power Co., Ltd. Automobile (Rizhao)
Co., Ltd.
21.................. Shanghai Helios New Wuxi Yaxi Electric
Energy Technology Co., Vehicle Sales Co., Ltd.
Ltd.
22.................. Shanghai Sirius Shanghai Sirius
International Trading International Trading
Co., Ltd. Co., Ltd.
23.................. Shanghai Yixing Power Shanghai Yixing Power
Technology Co., Ltd. Technology Co., Ltd.
24.................. Shenzhen Aoxiang Shenzhen Aoxiang
Industrial Development Industrial Development
Co., Ltd. Co., Ltd.
25.................. Shenzhen Lento New Guangdong Lantu Electric
Energy Electric Vehicle Vehicle Co., Ltd.
Co., Ltd.
26.................. Suzhou Alwayz Electric Suzhou Alwayz Electric
Vehicle Manufacturing Vehicle Manufacturing
Co., Ltd. Co., Ltd.
27.................. Suzhou Eagle Electric Suzhou Eagle Electric
Vehicle Manufacturing Vehicle Manufacturing
Co., Ltd. Co., Ltd.
28.................. Suzhou Lexsong Wuxi Yaxi Electric
Electromechanical Vehicle Co., Ltd.
Equipment Co., Ltd.
29.................. Suzhou Lexsong Jiangsu Feimaxiang
Electromechanical Technology Co., Ltd.
Equipment Co., Ltd.
30.................. Suzhou Wintao Suzhou Wintao
Intelligent Technology Intelligent Technology
Co., Ltd. Co., Ltd.
31.................. Taiyuan Steel Wuxi Yaxi Electric
Engineering Corp., Ltd. Vehicle Sales Co., Ltd.
32.................. Taizhou Yoki Carts Co., Taizhou Yoki Carts Co.,
Ltd. Ltd.
33.................. Top New Energy Guangdong Yitong New
Technology (Dongguan) Energy Technology Co.,
Co., Ltd. Ltd.
34.................. Wuxi Hio Special Vehicle Wuxi Hio Special Vehicle
Co., Ltd. Co., Ltd.
35.................. Wuxi Yaxi Electric Wuxi Yaxi Electric
Vehicle Sales Co., Ltd. Vehicle Co., Ltd.
36.................. Xingtel Xiamen Group Xingtel Xiamen Group
Co., Ltd. Co., Ltd.
37.................. Yangzhou Whanlong Yangzhou Whanlong
Electric Vehicle Co., Electric Vehicle Co.,
Ltd. Ltd.
38.................. Zhejiang Taotao Vehicles Zhejiang Taotao Vehicles
Co., Ltd. Co., Ltd.
------------------------------------------------------------------------
[FR Doc. 2025-01945 Filed 1-29-25; 8:45 am]
BILLING CODE 3510-DS-P
