Certain Mobile Access Equipment and Subassemblies Thereof From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations

CourtInternational Trade Commission
Citation86 FR 44402
Record Number2021-17162
Publication Date12 Aug 2021
Federal Register, Volume 86 Issue 153 (Thursday, August 12, 2021)
[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
                [Pages 44402-44403]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-17162]
                [Investigation Nos. 701-TA-665 and 731-TA-1557 (Final)]
                Certain Mobile Access Equipment and Subassemblies Thereof From
                China; Scheduling of the Final Phase of Countervailing Duty and Anti-
                Dumping Duty Investigations
                AGENCY: United States International Trade Commission.
                ACTION: Notice.
                SUMMARY: The Commission hereby gives notice of the scheduling of the
                final phase of countervailing and antidumping duty investigation Nos.
                701-TA-665 and 731-TA-1557 (Final) pursuant to the Tariff Act of 1930
                (``the Act'') to determine whether an industry in the United States is
                materially injured or threatened with material injury, or the
                establishment of an industry in the United States is materially
                retarded, by reason of imports of certain mobile access equipment and
                subassemblies thereof (``mobile access equipment'') from China,
                provided for in subheadings 8427.10.80, 8427.20.80, 8427.90.00, and
                8431.20.00 of the Harmonized Tariff Schedule of the United States,
                preliminarily determined by the Department of Commerce (``Commerce'')
                to be subsidized. The determination with respect to imports of mobile
                access equipment alleged to be sold at less-than-fair-value is pending.
                DATES: July 30, 2021.
                FOR FURTHER INFORMATION CONTACT: Alejandro Orozco ((202) 205-3177),
                Office of Investigations, U.S. International Trade Commission, 500 E
                Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
                information on this matter by contacting the Commission's TDD terminal
                on 202-205-1810. Persons with mobility impairments who will need
                special assistance in gaining access to the Commission should contact
                the Office of the Secretary at 202-205-2000. General information
                concerning the Commission may also be obtained by accessing its
                internet server (https://www.usitc.gov). The public record for these
                investigations may be viewed on the Commission's electronic docket
                (EDIS) at https://edis.usitc.gov.
                 Scope.--For purposes of these investigations, Commerce has defined
                the subject merchandise as ``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
                investigation 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.'' \1\
                 \1\ 86 FR 41013, July 30, 2021.
                 Background.-- The final phase of these investigations is being
                scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
                1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of an affirmative
                preliminary determination by Commerce that certain benefits which
                constitute subsidies within the meaning of Sec. 703 of the Act (19
                U.S.C. 1671b) are being provided to manufacturers, producers, or
                exporters in China of mobile access equipment. The investigations were
                requested in petitions filed on February 26, 2021, by the Coalition of
                American Manufacturers of Mobile Access Equipment, consisting of JLG
                Industries, Inc., Hagerstown, Maryland and Terex Corporation, Redmond,
                 For further information concerning the conduct of this phase of the
                investigations, hearing procedures, and rules of general application,
                consult the Commission's Rules of Practice and Procedure, part 201,
                subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
                CFR part 207).
                 Participation in the investigations and public service list.--
                Persons, including industrial users of the subject merchandise and, if
                the merchandise is sold at the retail level, representative consumer
                organizations, wishing to participate in the final phase of these
                investigations as parties must file an entry of appearance with the
                Secretary to the Commission, as provided in Sec. 201.11 of the
                Commission's rules, no later than 21 days prior to the hearing date
                specified in this notice. A party that filed a notice of appearance
                during the preliminary phase of the investigations need not file an
                additional notice of appearance during this final phase. The Secretary
                will maintain a public service list containing the names and addresses
                of all persons, or their representatives, who are parties to the
                 Please note the Secretary's Office will accept only electronic
                filings during this time. Filings must be made through the Commission's
                Electronic Document Information System (EDIS, https://edis.usitc.gov).
                No in-person paper-based filings or paper copies of any electronic
                filings will be accepted until further notice.
                 Limited disclosure of business proprietary information (BPI) under
                an administrative protective order (APO) and BPI service list.--
                Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
                will make BPI gathered in the final phase of these investigations
                available to authorized applicants under the APO issued in the
                investigations, provided that the application is made no later than 21
                days prior to the hearing date specified in this notice. Authorized
                applicants must represent interested parties, as defined by 19 U.S.C.
                1677(9), who are parties to the investigations. A party granted access
                to BPI in the preliminary phase of the investigations need not reapply
                for such access. A separate service list will be maintained by the
                Secretary for those parties authorized to receive BPI under the APO.
                 Staff report.--The prehearing staff report in the final phase of
                these investigations will be placed in the nonpublic record on
                September 29, 2021, and a public version will be issued thereafter,
                pursuant to Sec. 207.22 of the Commission's rules.
                 Hearing.--The Commission will hold a hearing in connection with the
                final phase of these investigations beginning at 9:30 a.m. on October
                12, 2021. Information about the place and form of the hearing,
                including about how to participate in and/or view the hearing,
                [[Page 44403]]
                will be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the
                Commission's website periodically for updates. Requests to appear at
                the hearing should be filed in writing with the Secretary to the
                Commission on or before October 5, 2021. A nonparty who has testimony
                that may aid the Commission's deliberations may request permission to
                present a short statement at the hearing. All parties and nonparties
                desiring to appear at the hearing and make oral presentations should
                attend a prehearing conference to be held at 9:30 a.m. on October 8,
                2021. Oral testimony and written materials to be submitted at the
                public hearing are governed by sections 201.6(b)(2), 201.13(f), and
                207.24 of the Commission's rules. Parties must submit any request to
                present a portion of their hearing testimony in camera no later than 7
                business days prior to the date of the hearing.
                 Written submissions.--Each party who is an interested party shall
                submit a prehearing brief to the Commission. Prehearing briefs must
                conform with the provisions of Sec. 207.23 of the Commission's rules;
                the deadline for filing is October 5, 2021. Parties may also file
                written testimony in connection with their presentation at the hearing,
                as provided in Sec. 207.24 of the Commission's rules, and posthearing
                briefs, which must conform with the provisions of Sec. 207.25 of the
                Commission's rules. The deadline for filing posthearing briefs is
                October 19, 2021. In addition, any person who has not entered an
                appearance as a party to the investigations may submit a written
                statement of information pertinent to the subject of the
                investigations, including statements of support or opposition to the
                petition, on or before October 19, 2021. On November 3, 2021, the
                Commission will make available to parties all information on which they
                have not had an opportunity to comment. Parties may submit final
                comments on this information on or before November 5, 2021, but such
                final comments must not contain new factual information and must
                otherwise comply with Sec. 207.30 of the Commission's rules. All
                written submissions must conform with the provisions of Sec. 201.8 of
                the Commission's rules; any submissions that contain BPI must also
                conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
                the Commission's rules. The Commission's Handbook on Filing Procedures,
                available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the
                Commission's procedures with respect to filings.
                 Additional written submissions to the Commission, including
                requests pursuant to Sec. 201.12 of the Commission's rules, shall not
                be accepted unless good cause is shown for accepting such submissions,
                or unless the submission is pursuant to a specific request by a
                Commissioner or Commission staff.
                 In accordance with Sec. Sec. 201.16(c) and 207.3 of the
                Commission's rules, each document filed by a party to the
                investigations must be served on all other parties to the
                investigations (as identified by either the public or BPI service
                list), and a certificate of service must be timely filed. The Secretary
                will not accept a document for filing without a certificate of service.
                 Authority: These investigations are being conducted under authority
                of title VII of the Tariff Act of 1930; this notice is published
                pursuant to Sec. 207.21 of the Commission's rules.
                 By order of the Commission.
                 Issued: August 6, 2021.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2021-17162 Filed 8-11-21; 8:45 am]
                BILLING CODE 7020-02-P

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