Certain Chassis and Subassemblies Thereof From the People's Republic of China: Initiation of Countervailing Duty 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 52549-52552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18712]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-136]
Certain Chassis and Subassemblies Thereof From the People's
Republic of China: Initiation of Countervailing Duty 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) 482-3681.
SUPPLEMENTARY INFORMATION:
The Petition
On July 30, 2020, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) 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 an antidumping duty (AD) 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, Exhibit I-1.
\2\ Id.
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Between August 3 and 11, 2020, Commerce requested supplemental
information pertaining to certain aspects of the Petition in separate
supplemental questionnaires and a phone call with the petitioner,\3\ to
which the petitioner filed responses between August 7 and 14, 2020.\4\
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\3\ See Commerce's Letter, ``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,'' dated August 3, 2020 (General Issues
Supplemental); see also Commerce's Letter, ``Petition for the
Imposition of Countervailing Duties on Imports of Certain Chassis
and Subassemblies Thereof from the People's Republic of China:
Supplemental Questions,'' dated August 3, 2020; Commerce's Letter,
``Petition for the Imposition of Countervailing Duties on Imports of
Certain Chassis and Subassemblies Thereof from the People's Republic
of China: Additional Supplemental Questions,'' dated August 4, 2020;
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated
August 7, 2020; and Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated August 11, 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 Supplemental Response); see
also Petitioner's Letter, ``Certain Chassis and Subassemblies
Thereof from the People's Republic of China: Supplemental Responses
and Additional Supplemental Responses to Volume III of the
Petition,'' dated August 7, 2020; 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); 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.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of chassis in China
and that such imports are materially injuring, or threatening material
injury to, the domestic industry producing chassis in the United
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is supported by information reasonably
available to the petitioner supporting its allegations.
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 with respect to the
initiation of the requested CVD investigation.\5\
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\5\ See ``Determination of Industry Support for the Petition''
section, infra.
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Period of Investigation
Because the Petition was filed on July 30, 2020, the period of
investigation (POI) is January 1, 2019 through December 31, 2019.\6\
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\6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The merchandise covered by this investigation is chassis from
China. For a full description of the scope of this investigation, see
the appendix to this notice.
Comments on Scope of the Investigation
On August 3, 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.\7\ On August 7, 2020,
the petitioner revised the scope.\8\ The description of the merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\7\ See General Issues Supplemental at 3.
\8\ See General Issues Supplemental Response; see also Scope
Errata.
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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).\9\ 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,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope 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.\11\ 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 from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b).
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[[Page 52550]]
Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
time 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 comments must also be filed
on the record of the concurrent AD investigation.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ 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 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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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it the
opportunity for consultations with respect to the CVD Petition.\13\ The
GOC did not request consultations.
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\13\ See Commerce's Letter, ``Countervailing Duty Petition on
Certain Chassis and Subassemblies Thereof from the People's Republic
of China: Invitation for Consultations to Discuss the Countervailing
Duty Petition,'' dated July 30, 2020.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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,\14\ 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.\15\
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\14\ See section 771(10) of the Act.
\15\ 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),
cert. denied 492 U.S. 919 (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.\16\ 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.\17\
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\16\ 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.
\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: Certain
Chassis and Subassemblies Thereof from the People's Republic of
China (China CVD 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 this notice and on file electronically via
ACCESS.
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In determining whether the petitioner has standing under section
702(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 the domestic like product in 2019 and compared this
to the estimated total production of the domestic like product for the
entire domestic industry.\18\ We have relied on the data provided by
the petitioner for purposes of measuring industry support.\19\
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\18\ 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.
\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.
For further discussion, see Attachment II of the China CVD
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.\20\ 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).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(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.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(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,
[[Page 52551]]
the Petition.\23\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\24\
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\20\ See Attachment II of the China CVD Initiation Checklist.
\21\ Id.; see also section 702(c)(4)(D) of the Act.
\22\ See Attachment II of the China CVD Initiation Checklist.
\23\ Id.
\24\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\25\
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\25\ 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; and declining financial
performance.\26\ 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.\27\
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\26\ 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.
\27\ See China CVD 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.
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Initiation of CVD Investigation
Based upon our examination of the Petition and supplemental
responses, we find that the Petition meets the requirements of section
702 of the Act. Therefore, we are initiating a CVD investigation to
determine whether imports of chassis from China benefit from
countervailable subsidies conferred by the GOC. Based on our review of
the Petition, we find that there is sufficient information to initiate
a CVD investigation on all of the 30 alleged programs. For a full
discussion of the basis for our decision to initiate on each program,
see China CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS. In accordance
with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 65
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.\28\ 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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\28\ See Volume I of the Petition at Exhibit I-10.
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Distribution of Copies of the CVD Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. 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 702(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.\29\ A negative ITC
determination will result in the investigation being terminated.\30\
Otherwise, this investigation will proceed according to statutory and
regulatory time limits.
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\29\ See section 703(a)(1) of the Act.
\30\ 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). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \31\ 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.\32\ 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. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\31\ See 19 CFR 351.301(b).
\32\ 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.\33\ 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, Commerce 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 extension requests
or factual information in this investigation.
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\33\ See 19 CFR 351.302.
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[[Page 52552]]
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\34\
Parties must use the certification formats provided in 19 CFR
351.303(g).\35\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\34\ See section 782(b) of the Act.
\35\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, 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.\36\
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\36\ 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 702(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 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. 2020-18712 Filed 8-25-20; 8:45 am]
BILLING CODE 3510-DS-P