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China Mobile Access Equipment: Commerce Issues CV Duty Final Determination

The Commerce Department issued its final determination in the countervailing duty investigation on mobile access equipment from China (C-570-140). Changes to cash deposit rates set in this final determination take effect Oct. 19, the date this final determination was published in the Federal Register.

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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for Nov. 26, according to a Commerce fact sheet. If the ITC finds injury, Commerce will issue a CV duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.

Commerce is also conducting a concurrent antidumping duty investigation on mobile access equipment from China (A-570-139). The agency issued its preliminary determination Sept. 30, setting AD duty cash deposit rates at 7.07% to 274.86% for Chinese exporters (see 2109290034). Commerce at that time said it would issue its final determination in the AD duty investigation by Feb. 14, 2022, according to another agency fact sheet.

Scope Clarified to Include Chassis Frames

In response to arguments from Chinese exporters that the scope does not cover chassis frames imported alone, or sections of chassis frames, Commerce confirmed that chassis frames imported with no other components are subject to AD/CVD duties on mobile access equipment. It made a small change to the scope to clarify, adding the word "and/or," as follows: "chassis assemblies include: (1) chassis frames and/or (2) frame sections."

Estimated CV Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation for CV duty purposes and to collect cash deposits for subject merchandise entered on or after July 30, the date it published its preliminary CV duty determination, and set cash deposit rates as follows beginning Oct. 19:

CompanyCV Rate
Lingong Group Jinan Heavy Machinery Co., Ltd. / Linyi Lingong Machinery Group Co., Ltd18.34%
Zhejiang Dingli Machinery Co., Ltd. / Zhejiang Green Power Machinery Co., Ltd. / Shengda Fenghe Automotive Equipment Co., Ltd.11.95%
Jinan Zhongtian International Trading448.7%
Zhongshan Shiliwang Machinery Co., LTD448.7%
Yantai Empire Industry and Trade448.7%
Shandong Lede Machinery448.7%
Shandong Huifeng Auto Fittings448.7%
Jinan Zhongtang Mechanical Equipment448.7%
All Others12.93%

(The period of investigation is 01/01/20 - 12/31/20. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 2107290051 for a summary of the preliminary determination in this investigation.)