2020-18713. Certain Chassis and Subassemblies Thereof From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation  

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    AGENCY:

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

    DATES:

    Applicable August 19, 2020.

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    FOR FURTHER INFORMATION CONTACT:

    William Langley; 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) 482-3861.

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    SUPPLEMENTARY INFORMATION:

    The Petition

    On July 30, 2020, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of certain chassis and subassemblies thereof (chassis) from the People's Republic of China (China) filed in proper form on behalf of the Coalition of American Chassis Manufacturers (the petitioner), the members of which are domestic producers of chassis.[1] The Petition was accompanied by a countervailing duty (CVD) petition concerning imports of chassis from China.[2]

    On August 3 and 7, 2020, Commerce requested supplemental information pertaining to certain aspects of the Start Printed Page 52553Petition in separate supplemental questionnaires and a phone call with the petitioner.[3] On August 7 and 10, 2020, the petitioner filed timely responses to these requests for additional information.[4]

    On August 11, 2020, Commerce officials spoke via phone call with the petitioner's counsel regarding certain issues pertaining to the proposed scope, import statistics, and U.S. price.[5] On August 13 and 14, 2020, the petitioner submitted timely responses to these requests for additional information.[6]

    In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of chassis from China are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that imports of such products are materially injuring, or threatening material injury to, the domestic chassis industry in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting the allegation.

    Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party, as defined in section 771(9)(E) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested AD investigation.[7]

    Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the period of investigation is January 1, 2020 through June 30, 2020.

    Scope of the Investigation

    The products covered by this investigation are chassis from China. For a full description of the scope of this investigation, see the appendix to this notice.

    Comments on the Scope of the Investigation

    On August 3, 7, and 11, 2020, Commerce requested further information from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.[8] On August 7, 2020, the petitioner revised the scope.[9] The description of the merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications.

    As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).[10] Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information, all such factual information should be limited to public information.[11] To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on September 8, 2020, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on September 18, 2020, which is ten calendar days after the initial comment deadline.[12]

    Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations.

    Filing Requirements

    All submissions to Commerce must be filed electronically via Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.[13] An electronically filed document must be received successfully in its entirety by the time and date it is due.

    Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of chassis to be reported in response to Commerce's AD questionnaire. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production (FOPs) accurately, as well as to develop appropriate product-comparison criteria.

    Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaire, all comments must be filed by 5:00 p.m. ET on September 8, 2020, which is 20 calendar days from the signature date of this notice.[14] Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on September 18, 2020, which is ten calendar days after the initial comment Start Printed Page 52554deadline. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of the AD investigation.

    Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the “industry.”

    Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,[15] they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.[16]

    Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation” (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition).

    With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.[17] Based on our analysis of the information submitted on the record, we have determined that chassis, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.[18]

    In determining whether the petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the “Scope of the Investigation,” in the appendix to this notice. To establish industry support, the petitioner provided its own production of chassis in 2019 and compared this to the estimated total chassis production for the entire domestic industry.[19] We have relied on the data provided by the petitioner for purposes of measuring industry support.[20]

    Our review of the data provided in the Petition, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.[21] First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).[22] Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.[23] Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.[24] Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.[25]

    Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.[26]

    The petitioner contends that the industry's injured condition is illustrated by a significant volume of subject imports; reduced market share; underselling and price depression and/or suppression; lost sales and revenues; declines in production, shipments, net sales, and capacity utilization; decline in employment; declining financial performance; and the magnitude of the estimated dumping margin.[27] We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.[28]

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    Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate the AD investigation of imports of chassis from China. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the China AD Initiation Checklist.

    U.S. Price

    The petitioner based constructed export price (CEP) on information from a sale or offer for sale for chassis produced in and exported from China by a Chinese producer and adjusted for movement and other expenses, where appropriate.[29]

    Normal Value

    Commerce considers China to be an NME country.[30] In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, we continue to treat China as an NME country for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on FOPs valued in a surrogate market economy country, in accordance with section 773(c) of the Act.

    The petitioner states that Malaysia is an appropriate surrogate country because Malaysia is a market economy country that is at a level of economic development comparable to that of China and is a significant producer of comparable merchandise.[31] The petitioner submitted publicly-available information from Malaysia to value all FOPs.[32] Based on the information provided by the petitioner, we determine that it is appropriate to use Malaysia as a surrogate country for China for initiation purposes.

    Interested parties will have the opportunity to submit comments regarding surrogate country selections and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs within 30 days before the scheduled date of the preliminary determination.

    Factors of Production

    The petitioner used the product-specific consumption rates and production costs of a U.S. manufacturer of chassis as a surrogate to value Chinese manufacturers' FOPs.[33] Additionally, the petitioner calculated factory overhead; selling, general and administrative expenses; and profit based on the experience of a Malaysian producer of comparable merchandise (i.e., fabricated and assembled steel sheet and bar products).[34]

    Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to believe that imports of chassis from China are being, or are likely to be, sold in the United States at LTFV. Based on a comparison of CEP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margin for chassis from China is 188.05 percent.[35]

    Initiation of LTFV Investigation

    Based upon our examination of the Petition on chassis from China and supplemental responses, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of chassis from China are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation.

    Respondent Selection

    The petitioner named two companies in China as producers/exporters of chassis subject to the scope of this investigation.[36] Accordingly, and in the absence of any contradictory information, Commerce intends to examine all known producers/exporters of chassis from China.

    Separate Rates

    In order to obtain separate-rate status in an NME investigation, producers/exporters must submit a separate-rate application.[37] The specific requirements for submitting a separate-rate application in a China investigation are outlined in detail in the application itself, which is available on E&C's website at http://enforcement.trade.gov/​nme/​nme-sep-rate.html. The separate-rate application will be due 30 days after publication of this initiation notice.[38] Producers/exporters who submit a separate-rate application and have been selected as mandatory respondents will be eligible for consideration for separate-rate status only if they respond to all parts of Commerce's AD questionnaire as mandatory respondents. Commerce requires that respondents from China submit a response to the separate-rate application by the deadline in order to receive consideration for separate-rate status.

    Use of Combination Rates

    Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states:

    {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that {Commerce} will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of “combination rates” because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.[39]

    Distribution of Copies of the AD Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the Government of China via ACCESS. Start Printed Page 52556Furthermore, to the extent practicable, Commerce will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

    ITC Notification

    Commerce will notify the ITC of our initiation, as required by section 732(d) of the Act.

    Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of chassis from China are materially injuring, or threatening material injury to, a U.S. industry.[40] A negative ITC determination will result in the investigation being terminated.[41] Otherwise, this investigation will proceed according to statutory and regulatory time limits.

    Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted [42] and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.[43] Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Please review the regulations prior to submitting factual information in this investigation.

    Extensions of Time Limits

    Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/​fdsys/​pkg/​FR-2013-09-20/​html/​2013-22853.htm,, prior to submitting factual information in this investigation.

    Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.[44] Parties must use the certification formats provided in 19 CFR 351.303(g).[45] Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements.

    Notification to Interested Parties

    Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.[46]

    This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c).

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    Dated: August 19, 2020.

    Jeffrey I. Kessler,

    Assistant Secretary for Enforcement and Compliance.

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    Appendix

    Scope of the Investigation

    The merchandise covered by this investigation is chassis and subassemblies thereof, whether finished or unfinished, whether assembled or unassembled, whether coated or uncoated, regardless of the number of axles, for carriage of containers, or other payloads (including self-supporting payloads) for road, marine roll-on/roll-off (RORO) and/or rail transport. Chassis are typically, but are not limited to, rectangular framed trailers with a suspension and axle system, wheels and tires, brakes, a lighting and electrical system, a coupling for towing behind a truck tractor, and a locking system or systems to secure the shipping container or containers to the chassis using twistlocks, slide pins or similar attachment devices to engage the corner fittings on the container or other payload.

    Subject merchandise includes, but is not limited to, the following subassemblies:

    • Chassis frames, or sections of chassis frames, including kingpins or kingpin assemblies, bolsters consisting of transverse beams with locking or support mechanisms, goosenecks, drop assemblies, extension mechanisms and/or rear impact guards;
    • Running gear assemblies or axle assemblies for connection to the chassis frame, whether fixed in nature or capable of sliding fore and aft or lifting up and lowering down, which may or may not include suspension(s) (mechanical or pneumatic), wheel end components, slack adjusters, axles, brake chambers, locking pins, and tires and wheels;
    • Landing gear (legs) or landing gear assemblies, for connection to the chassis frame, capable of supporting the chassis when it is not engaged to a tractor; and
    • Assemblies and/or components that connect to the chassis frame or a section of the chassis frame, such as, but not limited to, pintle hooks or B-trains (which include a fifth wheel), which are capable of connecting a chassis to a converter dolly or another chassis.

    Importation of any of these subassemblies, whether assembled or unassembled, constitutes an unfinished chassis for purposes of this investigation.

    Subject merchandise also includes chassis, whether finished or unfinished, entered with or for further assembly with components such as, but not limited to: Hub and drum assemblies, brake assemblies (either drum or disc), axles, brake chambers, suspensions and suspension components, wheel end Start Printed Page 52557components, landing gear legs, spoke or disc wheels, tires, brake control systems, electrical harnesses and lighting systems.

    Processing of finished and unfinished chassis and components such as trimming, cutting, grinding, notching, punching, drilling, painting, coating, staining, 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 chassis does not remove the product from the scope.

    This scope excludes dry van trailers, refrigerated van trailers and flatbed trailers. Dry van trailers are trailers with a wholly enclosed cargo space comprised of fixed sides, nose, floor and roof, with articulated panels (doors) across the rear and occasionally at selected places on the sides, with the cargo space being permanently incorporated in the trailer itself. Refrigerated van trailers are trailers with a wholly enclosed cargo space comprised of fixed sides, nose, floor and roof, with articulated panels (doors) across the rear and occasionally at selected places on the sides, with the cargo space being permanently incorporated in the trailer and being insulated, possessing specific thermal properties intended for use with self-contained refrigeration systems. Flatbed (or platform) trailers consist of load-carrying main frames and a solid, flat or stepped loading deck or floor permanently incorporated with and supported by frame rails and cross members.

    The finished and unfinished chassis subject to this investigation are typically classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 8716.39.0090 and 8716.90.5060. Imports of finished and unfinished chassis may also enter under HTSUS subheading 8716.90.5010. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.

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    Footnotes

    1.  The members of the Coalition of American Chassis Manufacturers are: Cheetah Chassis Corporation; Hercules Enterprises, LLC; Pitts Enterprises, Inc.; Pratt Industries, Inc.; and Stoughton Trailers, LLC. See Petitioner's Letter, “Certain Chassis and Subassemblies Thereof from the People's Republic of China: Petitions for the Imposition of Antidumping and Countervailing Duties,” dated July 30, 2020 (the Petition) at Volume I and Exhibit I-1.

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    3.  See Commerce's Letters, “Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Chassis and Subassemblies Thereof from the People's Republic of China: Supplemental Questions” (General Issues Supplemental); and “Petition for the Imposition of Antidumping Duties on Imports of Certain Chassis and Subassemblies Thereof from the People's Republic of China: Supplemental Questions” both dated August 3, 2020; see also Memorandum, “Phone Call with Counsel to the Petitioner,” dated August 7, 2020.

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    4.  See Petitioner's Letter, “Certain Chassis and Subassemblies Thereof from the People's Republic of China: Response to Supplemental Questions on General Issues Volume I of the Petition,” dated August 7, 2020 (General Issues Supplement); see also Petitioner's Letter, “Certain Chassis and Subassemblies Thereof from the People's Republic of China: Errata to Response to Supplemental Questions on General Issues Volume I of the Petition,” dated August 7, 2020 (Scope Errata); and Petitioner's Letter, “Certain Chassis and Subassemblies Thereof from the People's Republic of China: Response to Supplemental Questions on AD Volume II of the Petition,” dated August 10, 2020.

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    5.  See Memorandum, “Phone Call with Counsel to the Petitioner,” dated August 11, 2020.

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    6.  See Petitioner's Letter, “Certain Chassis and Subassemblies Thereof from the People's Republic of China: Response to Second Supplemental Questions on AD Volume II of the Petition,” dated August 13, 2020 (Second China AD Supplement); see also Petitioner's Letter, “Certain Chassis and Subassemblies Thereof from the People's Republic of China: Response to Second Supplemental Questions (Question 2) on General Issues Volume I of the Petition,” dated August 13, 2020; and Petitioner's Letter, “Certain Chassis and Subassemblies Thereof from the People's Republic of China: Response to Second Supplemental Questions (Question 1) on General Issues Volume I of the Petition,” dated August 14, 2020 (Scope Supplement).

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    7.  See “Determination of Industry Support for the Petition” section, infra.

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    8.  See General Issues Supplemental at 3-4; see also Memorandum, “Phone Call with Counsel to the Petitioner,” dated August 7, 2020.

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    9.  See General Issues Supplement at 5-7; see also Scope Errata at 5-6; and Scope Supplement at 1.

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    10.  See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble).

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    11.  See 19 CFR 351.102(b)(21) (defining “factual information”).

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    13.  See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/​help.aspx and a handbook can be found at https://access.trade.gov/​help/​Handbook_​on_​Electronic_​Filing_​Procedures.pdf.

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    15.  See section 771(10) of the Act.

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    16.  See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).

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    17.  See Volume I of the Petition at 16-18 and Exhibits I-7 and I-18; see also General Issues Supplement at 7-9 and Exhibits I-Supp-1 and I-Supp-2.

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    18.  For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see the Antidumping Duty Investigation Initiation Checklist: Certain Chassis and Subassemblies Thereof from the People's Republic of China (China AD Initiation Checklist) at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Chassis and Subassemblies Thereof from the People's Republic of China (Attachment II). This checklist is dated concurrently with, and hereby adopted by, this notice and on file electronically via ACCESS.

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    19.  See Volume I of the Petition at 2-3 and Exhibits I-3 and I-17; see also General Issues Supplement at 9-10 and Exhibit I-Supp-3.

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    20.  See Volume I of the Petition at 2-3 and Exhibits I-3 and I-17; see also General Issues Supplement at 9-10 and Exhibit I-Supp-3. For further discussion, see Attachment II of the China AD Initiation Checklist.

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    21.  See Attachment II of the China AD Initiation Checklist.

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    22.  Id.; see also section 732(c)(4)(D) of the Act.

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    23.  See Attachment II of the China AD Initiation Checklist.

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    26.  See Volume I of the Petition at 25-26 and Exhibit I-13.

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    27.  See Volume I of the Petition at 15-16, 19-39 and Exhibits I-3, I-13, I-15 through I-17 and I-20 through I-31; see also General Issues Supplement at 10 and Exhibit I-Supp-4.

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    28.  See China AD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Chassis and Subassemblies Thereof from the People's Republic of China (Attachment III).

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    29.  See China AD Initiation Checklist.

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    30.  See, e.g., Antidumping Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017), and accompanying Preliminary Decision Memorandum at “China's Status as a Non-Market Economy,” unchanged in Certain Aluminum Foil from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018).

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    31.  See Volume II of the Petition at 2, 14-15 and Exhibit II-20.

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    32.  Id. at Exhibit II-20.

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    33.  Id. at 15 and Exhibit II-16.

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    34.  Id. at 22 and Exhibit II-21.

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    35.  See Second China AD Supplement at Exhibit II-Supp2-2.

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    36.  See Volume I of the Petition at Exhibit I-10.

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    37.  See Policy Bulletin 05.1: “Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving NME Countries,” (April 5, 2005), available at http://enforcement.trade.gov/​policy/​bull05-1.pdf (Policy Bulletin 05.1).

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    38.  Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301(a), which states that “the Secretary may request any person to submit factual information at any time during a proceeding,” this deadline is now 30 days.

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    39.  See Policy Bulletin 05.1 at 6 (emphasis added).

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    40.  See section 733(a) of the Act.

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    44.  See section 782(b) of the Act.

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    45.  See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/​tlei/​notices/​factual_​info_​final_​rule_​FAQ_​07172013.pdf.

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    46.  See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).

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    [FR Doc. 2020-18713 Filed 8-25-20; 8:45 am]

    BILLING CODE 3510-DS-P

Document Information

Published:
08/26/2020
Department:
International Trade Administration
Entry Type:
Notice
Document Number:
2020-18713
Dates:
Applicable August 19, 2020.
Pages:
52552-52557 (6 pages)
Docket Numbers:
A-570-135
PDF File:
2020-18713.Pdf
Supporting Documents:
» Requests for Nominations: Trade Promotion Coordinating Committee
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Drawn Stainless Steel Sinks from the People's Republic of China; Recission
» Determinations of Sales at Less than Fair Value: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, South Africa, and Republic of Turkey
» Meetings: United States Travel and Tourism Advisory Board
» Investigations; Determinations, Modifications, and Rulings, etc.: Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Republic of Turkey
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-to-Length Plate from People's Republic of China
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Pasta from Italy
» Determinations of Sales at Less Than Fair Value: Truck and Bus Tires From People's Republic of China
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Five-Year (Sunset) Review