Certain Chassis and Subassemblies Thereof From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation |
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Topics: Coalition of American Chassis Manufacturers
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Jeffrey I. Kessler
Department of Commerce
26 August 2020
[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Notices]
[Pages 52552-52557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18713]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-135]
Certain Chassis and Subassemblies Thereof From the People's
Republic of China: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 19, 2020.
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.
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\
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\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.
\2\ Id.
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On August 3 and 7, 2020, Commerce requested supplemental
information pertaining to certain aspects of the
[[Page 52553]]
Petition 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\
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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.
\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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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\
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\5\ See Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated August 11, 2020.
\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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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\
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\7\ See ``Determination of Industry Support for the Petition''
section, infra.
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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.
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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.
\9\ See General Issues Supplement at 5-7; see also Scope Errata
at 5-6; and Scope Supplement at 1.
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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\
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\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b).
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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.
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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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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
[[Page 52554]]
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
AD investigation.
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\14\ See 19 CFR 351.303(b).
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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\
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\15\ See section 771(10) of the Act.
\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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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\
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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.
\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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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\
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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.
\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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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\
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\21\ See Attachment II of the China AD Initiation Checklist.
\22\ Id.; see also section 732(c)(4)(D) of the Act.
\23\ See Attachment II of the China AD Initiation Checklist.
\24\ Id.
\25\ Id.
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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\
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\26\ See Volume I of the Petition at 25-26 and Exhibit I-13.
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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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\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.
\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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[[Page 52555]]
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\
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\29\ See China AD Initiation Checklist.
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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.
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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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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.
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\31\ See Volume II of the Petition at 2, 14-15 and Exhibit II-
20.
\32\ Id. at Exhibit II-20.
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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\
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\33\ Id. at 15 and Exhibit II-16.
\34\ Id. at 22 and Exhibit II-21.
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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\
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\35\ See Second China AD Supplement at Exhibit II-Supp2-2.
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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.
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\36\ See Volume I of the Petition at Exhibit I-10.
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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.
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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).
\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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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{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} 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\
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\39\ See Policy Bulletin 05.1 at 6 (emphasis added).
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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.
[[Page 52556]]
Furthermore, 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.
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\40\ See section 733(a) of the Act.
\41\ Id.
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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.
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\42\ See 19 CFR 351.301(b).
\43\ See 19 CFR 351.301(b)(2).
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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.
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\44\ See section 782(b) of the Act.
\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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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\
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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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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 19, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
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
[[Page 52557]]
components, 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.
[FR Doc. 2020-18713 Filed 8-25-20; 8:45 am]
BILLING CODE 3510-DS-P