Certain Mobile Access Equipment and Subassemblies Thereof From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
| Published date | 12 August 2021 |
| Citation | 86 FR 44402 |
| Record Number | 2021-17162 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 86 Issue 153 (Thursday, August 12, 2021)
[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44402-44403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17162]
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INTERNATIONAL TRADE COMMISSION
[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.
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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.
SUPPLEMENTARY INFORMATION:
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\
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\1\ 86 FR 41013, July 30, 2021.
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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,
Washington.
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
investigations.
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
