[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Pages 22190-22193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08014]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-139]


Certain Mobile Access Equipment and Subassemblies Thereof From 
the People's Republic of China: Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC), 
Commerce is issuing an antidumping duty (AD) order on certain mobile 
access equipment and subassemblies thereof (mobile access equipment) 
from the People's Republic of China (China).

DATES: Applicable April 14, 2022.

FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2201.

SUPPLEMENTARY INFORMATION:

Background

    On February 22, 2022, Commerce published in the Federal Register 
its affirmative final determination in the less-than-fair-value (LTFV) 
investigation of mobile access equipment from China.\1\ On April 8, 
2022, the ITC notified Commerce of its final determination, pursuant to 
section 735(d) of the Tariff Act of 1930, as amended (the Act), that an 
industry in the United States is threatened with material injury within 
the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV 
imports of mobile access equipment from China.\2\
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    \1\ See Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Final Affirmative 
Determination of Sales at Less Than Fair Value, 87 FR 9576 (February 
22, 2022) (Final Determination).
    \2\ See ITC's Letter, ``Notification of ITC Final 
Determination,'' dated April 8, 2022.
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Scope of the Order

    The products covered by this order are mobile access equipment from 
China. For a complete description of the scope of this order, see the 
appendix to this notice.

Antidumping Duty Order

    On April 8, 2022, in accordance with section 735(d) of the Act, the 
ITC notified Commerce of its final determination in this investigation, 
in which it found that an industry in the United States is threatened 
with material injury by reason of imports of mobile access equipment 
from China.\3\ Therefore, in accordance with section 735(c)(2) of the 
Act, Commerce is issuing this AD order. Because the ITC determined that 
imports of mobile access equipment from China are threatening material 
injury to a U.S. industry, unliquidated entries of such merchandise 
from China entered or withdrawn from warehouse for consumption, are 
subject to the assessment of antidumping duties.
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    \3\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instructions by Commerce, antidumping

[[Page 22191]]

duties equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of mobile access equipment from 
China.
    Because the ITC's final determination is based on the threat of 
material injury, other than threat of material injury described in 
section 736(b)(1) of the Act, duties shall be assessed on subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the ITC's notice of final 
determination, pursuant to section 736(b)(2) of the Act. In addition, 
section 736(b)(2) of the Act requires CBP to release any bond or other 
security, and refund any cash deposit made of estimated antidumping 
duties posted since Commerce's preliminary antidumping duty 
determination.
    Accordingly, Commerce will direct CBP to terminate the suspension 
of liquidation of entries of mobile access equipment from China 
entered, or withdrawn from warehouse, for consumption prior to the 
publication of the ITC final determination in the Federal Register. 
Commerce will also instruct CBP to refund any cash deposits made with 
respect to entries of mobile access equipment from China entered, or 
withdrawn from warehouse, for consumption on or after September 30, 
2021, the date of publication of the Preliminary Determination in the 
Federal Register.\4\
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    \4\ See Certain Mobile Access Equipment and Subassemblies 
Thereof from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 86 FR 
54164 (September 30, 2021) (Preliminary Determination). However, we 
note that the extended provisional measures period expired on March 
28, 2022, as such, effective March 29, 2022, we discontinued 
suspension of liquidation in accordance with section 733(d) of the 
Act.
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Suspension of Liquidation

    Commerce will instruct CBP to reinstitute the suspension of 
liquidation of mobile access equipment from China, effective the date 
of publication of the ITC's final determination in the Federal 
Register, and to assess, upon further instruction by Commerce, pursuant 
to section 736(a)(1) of the Act, antidumping duties for each entry of 
the subject merchandise equal to the amount by which the normal value 
of the merchandise exceeds the export price (or constructed export 
price) of the merchandise. These instructions suspending liquidation 
will remain in effect until further notice.
    Commerce also intends to instruct CBP to require cash deposits 
equal to the amount as indicated in the tables below. Accordingly, 
effective on the date of publication in the Federal Register of the 
notice of the ITC's final affirmative injury determination, CBP will 
require, at the same time as importers would normally deposit estimated 
duties on subject merchandise, a cash deposit equal to the rates listed 
below.\5\ The rate for the China-wide entity applies to all exporters 
not specifically listed. For the purpose of determining cash deposit 
rates, the estimated weighted-average dumping margins for imports of 
subject merchandise from China have been adjusted, as appropriate, for 
export-contingent subsidies calculated based on the final determination 
of the companion countervailing duty investigation of mobile access 
equipment from China.\6\
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    \5\ See section 736(a)(3) of the Act.
    \6\ See Final Determination, 87 FR at 9576; see also See Certain 
Mobile Access Equipment and Subassemblies Thereof from the People's 
Republic of China: Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination, 86 FR 70439 (December 
10, 2021).
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

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                                                                                   Estimated      Cash  deposit
                                                                                   weighted-     rate (adjusted
                   Exporter                                Producer                 average        for subsidy
                                                                                dumping margin      offsets)
                                                                                   (percent)        (percent)
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Lingong Group Jinan Heavy Machinery Co., Ltd.  Lingong Group Jinan Heavy                165.30            165.10
                                                Machinery Co., Ltd.
Zhejiang Dingli Machinery Co., Ltd...........  Zhejiang Dingli Machinery Co.,            31.70             31.54
                                                Ltd.
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                        Separate Rate Applicable to the Following Non-Selected Companies
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                                                                                     Estimated     Cash deposit
                                                   Producer supplying the non-       weighted-    rate (adjusted
  Non-selected exporter receiving a separate      selected exporter receiving a       average       for subsidy
                     rate                                 separate rate           dumping margin     offsets)
                                                                                     (percent)       (percent)
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Hunan Sinoboom Intelligent Equipment Co., Ltd.  Hunan Sinoboom Intelligent                 51.83           51.66
                                                 Equipment Co., Ltd.
Mantall Heavy Industry Co., Ltd...............  Mantall Heavy Industry Co., Ltd.           51.83           51.66
Noblelift Intelligent Equipment Co., Ltd......  Noblelift Intelligent Equipment            51.83           51.66
                                                 Co., Ltd.
Oshkosh JLG (Tianjin) Equipment Technology      Noblelift Intelligent Equipment            51.83           51.66
 Co., Ltd.                                       Co., Ltd.
Sany Marine Heavy Industry Co., Ltd...........  Sany Marine Heavy Industry Co.,            51.83           51.66
                                                 Ltd.
Terex (Changzhou) Machinery Co., Ltd..........  Terex (Changzhou) Machinery Co,            51.83           51.66
                                                 Ltd.
Xuzhou Construction Machinery Group Imp. &      Xuzhou Construction Machinery              51.83           51.66
 Exp. Co., Ltd.                                  Group Fire-Fighting Safety
                                                 Equipment Co., Ltd.
China-Wide Entity.............................  ................................          165.30          165.14
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[[Page 22192]]

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\7\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\8\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\9\
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    \7\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \8\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \9\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
order. Each annual inquiry service list will be saved in ACCESS, under 
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \10\
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    \10\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the opportunity notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioner and the Government of China

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \11\ Accordingly, as stated 
above, the petitioner and the Government of China should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list. Pursuant to 19 CFR 
351.225(n)(3), the petitioner and the Government of China will not need 
to resubmit their entry of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioner 
and the Government of China are responsible for making amendments to 
their entry of appearance during the annual update to the annual 
inquiry service list in accordance with the procedures described above.
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    \11\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties

    This notice constitutes the AD order with respect to mobile access 
equipment from China pursuant to section 736(a) of the Act. Interested 
parties can find a list of AD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    This AD order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: April 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise covered by this order consists of certain mobile 
access equipment, which consists primarily of boom lifts, scissor 
lifts, and material telehandlers, and subassemblies thereof. Mobile 
access equipment combines a mobile (self-propelled or towed) 
chassis, with a lifting device (e.g., scissor arms, boom assemblies) 
for mechanically lifting persons, tools and/or materials capable of 
reaching a working height of ten feet or more, and a coupler that 
provides an attachment point for the lifting device, in addition to 
other components. The scope of this order covers mobile access 
equipment and subassemblies thereof whether finished or unfinished, 
whether assembled or unassembled, and whether the equipment contains 
any additional features that provide for functions beyond the 
primary lifting function.
    Subject merchandise includes, but is not limited to, the 
following subassemblies:
    <bullet> Scissor arm assemblies, or scissor arm sections, for 
connection to chassis and platform assemblies. These assemblies 
include: (1) Pin assemblies that connect sections to form scissor 
arm assemblies, and (2) actuators that power the arm assemblies to 
extend and retract. These assemblies may or may not also include 
blocks that allow sliding of end sections in relation to frame and 
platform, hydraulic hoses, electrical cables, and/or other 
components;
    <bullet> boom assemblies, or boom sections, for connection to 
the boom turntable, or to the chassis assembly, or to a platform 
assembly or to a lifting device. Boom assemblies include telescoping 
sections where the smallest section (or tube) can be nested in the 
next larger section (or tube) and can slide out for extension and/or 
articulated sections joined by pins. These assemblies may or may not 
include pins, hydraulic cylinders, hydraulic hoses, electrical 
cables, and/or other components;
    <bullet> chassis assemblies, for connection to scissor arm 
assemblies, or to boom assemblies, or to boom turntable assemblies. 
Chassis assemblies include: (1) Chassis frames, and/or (2) frame 
sections. Chassis assemblies may or may not include axles, wheel end 
components, steering cylinders, engine assembly, transmission, drive 
shafts, tires and wheels, crawler tracks and wheels, fuel tank, 
hydraulic oil tanks, battery assemblies, and/or other components;
    <bullet> boom turntable assemblies, for connection to chassis 
assemblies, or to boom assemblies. Boom turntable assemblies include 
turntable frames. Boom turntable assemblies may or may not include 
engine assembly, slewing rings, fuel tank, hydraulic oil tank, 
battery assemblies, counterweights, hoods (enclosures), and/or other 
components.
    Importation of any of these subassemblies, whether assembled or 
unassembled, constitutes unfinished mobile access equipment for 
purposes of this order.

[[Page 22193]]

    Processing of finished and unfinished mobile access equipment 
and subassemblies such as trimming, cutting, grinding, notching, 
punching, slitting, drilling, welding, joining, bolting, bending, 
beveling, riveting, minor fabrication, galvanizing, painting, 
coating, finishing, assembly, or any other processing either in the 
country of manufacture of the in-scope product or in a third country 
does not remove the product from the scope. Inclusion of other 
components not identified as comprising the finished or unfinished 
mobile access equipment does not remove the product from the scope.
    The scope excludes forklifts, vertical mast lifts, mobile self-
propelled cranes and motor vehicles that incorporate a scissor arm 
assembly or boom assembly. Forklifts are material handling vehicles 
with a working attachment, usually a fork, lifted along a vertical 
guide rail with the operator seated or standing on the chassis 
behind the vertical mast. Vertical mast lifts are person and 
material lifting vehicles with a working attachment, usually a 
platform, lifted along a vertical guide rail with an operator 
standing on the platform. Mobile self-propelled cranes are material 
handling vehicles with a boom attachment for lifting loads of tools 
or materials that are suspended on ropes, cables, and/or chains, and 
which contain winches mounted on or near the base of the boom with 
ropes, cables, and/or chains managed along the boom structure. The 
scope also excludes motor vehicles (defined as a vehicle driven or 
drawn by mechanical power and manufactured primarily for use on 
public streets, roads, and highways, but does not include a vehicle 
operated only on a rail line pursuant to 49 U.S.C. 30102(a)(7)) that 
incorporate a scissor arm assembly or boom assembly. The scope 
further excludes vehicles driven or drawn by mechanical power 
operated only on a rail line that incorporate a scissor arm assembly 
or boom assembly. The scope also excludes: (1) Rail line vehicles, 
defined as vehicles with hi-rail gear or track wheels, and a fixed 
(non-telescopic) main boom, which perform operations on rail lines, 
such as laying rails, setting ties, or other rail maintenance jobs; 
and (2) certain rail line vehicle subassemblies, defined as chassis 
subassemblies and boom turntable subassemblies for rail line 
vehicles with a fixed (non-telescopic) main boom.
    Certain mobile access equipment subject to this order is 
typically classifiable under subheadings 8427.10.8020, 8427.10.8030, 
8427.10.8070, 8427.10.8095, 8427.20.8020, 8427.20.8090, 8427.90.0020 
and 8427.90.0090 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Parts of certain mobile access equipment are 
typically classifiable under subheading 8431.20.0000 of the HTSUS. 
While the HTSUS subheadings are provided for convenience and customs 
purposes only, the written description of the merchandise under 
order is dispositive.

[FR Doc. 2022-08014 Filed 4-13-22; 8:45 am]
BILLING CODE 3510-DS-P