Petition Summary: Certain Mobile Access Equipment And Subassemblies From The People’s Republic Of China

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On February 26, 2021, the Coalition of American Manufacturers of Mobile Access Equipment (“Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on imports of certain mobile access equipment and subassemblies from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The merchandise covered by these investigations consists of certain mobile access equipment, which consists primarily of boom lifts, scissor lifts, and material telehandlers, and subassemblies thereof. Mobile access equipment combines a mobile (self-propelled or towed) chassis, with a direct, mechanically connected device for lifting persons, tools and/or materials, capable of reaching a working height of ten feet or more, and a coupler that provides an attachment point for the lifting device, in addition to other components. The scope of these investigations covers mobile access equipment and subassemblies thereof whether finished or unfinished, whether assembled or unassembled, and whether the equipment contains any additional features that provide for functions beyond the primary lifting function.

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

  • scissor arm assemblies, or scissor arm sections, for connection to chassis and platform assemblies, including pin assemblies that connect sections into scissor arm assemblies and actuators powering arm assemblies to extend and retract, and which may or may not include blocks that allow sliding of end sections in relation to frame and platform, hydraulic hoses, and/or electrical cables;
  • boom assemblies, or boom sections, for connection to the boom turntable or chassis assemblies and to platform assemblies or the lifting device, including telescoping sections where the smallest section (tube) can be nested in the next larger section (tube) and can slide out for extension and/or articulated sections joined by pins, and which may or may not include pins, hydraulic cylinders, hydraulic hoses and/or electrical cables;
  • chassis assemblies, for connection to scissor arm assemblies or boom assemblies and/or boom turntable assemblies, including chassis frame or frame sections, and which may or may not include axles, wheel end components, steering cylinders, engine assembly, transmission, drive shafts, tires and wheels, crawler tracks and wheels, fuel tank, hydraulic oil tank, and/or battery assemblies; and/or
  • boom turntable assemblies, for connection to chassis assemblies and boom assemblies, including turntable frame, and which may or may not include engine assembly, slewing rings, fuel tank, hydraulic oil tank, battery assemblies, counterweight, and/or hood (enclosure).

Importation of any of these subassemblies, whether assembled or unassembled, constitutes unfinished mobile access equipment for purposes of this investigation.

Processing of finished and unfinished mobile access equipment and subassemblies such as trimming, cutting, grinding, notching, punching, slitting, drilling, welding, joining, bolting, bending, beveling, riveting, minor fabrication, galvanizing, painting, coating, 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 mobile access equipment does not remove the product from the scope.

The scope excludes forklifts, mobile self-propelled cranes and motor vehicles that incorporate a scissor arm assembly or boom assembly. Forklifts are material handling vehicles with a working attachment, usually a fork, lifted along a vertical guide rail with the operator seated or standing on the chassis behind the vertical mast. Self-propelled cranes are intended to solely handle loads suspended on ropes, cables and/or chains and have winches mounted on or near the base of the boom with ropes, cables and/or chains managed along the boom structure. The scope also excludes motor vehicles ( defined as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line pursuant to 49 U.S.C. § 30102(a)(7)) that incorporate a scissor arm assembly or boom assembly.

Certain mobile access equipment subject to these investigations is typically classifiable under subheadings 8427.10.8020, 8427.10.8030, 8427.10.8070, 8427 .10.8095, 8427 .20.8020, and 8427 .20.8090 of the Harmonized Tariff Schedule of the United States (HTSUS). Parts of certain mobile access equipment are typically classifiable under subheading 8431.20.0000 of the HTSUS. While the HTSUS subheadings are provided for convenience and customs purposes only, the written description of the merchandise under investigation is dispositive.

PETITIONERS

JLG Industries, Inc.

13712 Crayton Blvd.

Hagerstown, MD 21742

Phone: (240) 420-2661

Fax: (240) 313-1862

Contact Person: Jennifer Eyler

Email: jmeyler@jlg.com

 

Terex Corporation

6464 185th Ave. NE

Redmond, WA 98052

Phone: 425-881-1800

Fax: 425-883-3475

Contact Person: Rob Roche

Email: Rob.Roche@terex.com

 

COUNSEL FOR PETITIONERS

Timothy C. Brightbill, Esq.

Wiley Rein, LLP

1776 K Street, N.W.

Washington, DC 20006

(202) 719-7000

 

NAMED PRODUCERS/EXPORTERS

For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I .

 

NAMED IMPORTERS

For a list of importers alleged by Petitioner, please see Attachment II .

 

ESTIMATED SCHEDULE

Event Earliest Date
Petition Filed February 26, 2021
DOC Initiation March 18, 2021
   
ITC Preliminary Investigation:  
Questionnaires Due March 12, 2021
Request to appear at hearing March 17, 2021
Hearing March 19, 2021
Briefs March 24, 2021
ITC Vote April 12, 2021
   
DOC Investigation Schedule:  
DOC Preliminary Antidumping Determination August 5, 2021
DOC Preliminary Countervailing Determination May 24, 2021
DOC Final Antidumping Determination October 19, 2021
DOC Final Countervailing Determination August 5, 2021
   
ITC Final Investigation:  
ITC Final AD Determination December 3, 2021
ITC Final CVD Determination September 20, 2021

 

ALLEGED DUMPING MARGINS

China: 86.56%

 

ALLEGED SUBSIDIES

For a list of alleged countervailing duty programs, please see Attachment III.

 

IMPORTS OF SUBJECT MERCHANDISE

  2018 2019 2020
China      
Quantity(Units) 37,958 28,959 42,723
Value ($) 196,353,813 147,209,203 203,759,625
AUV ($/Units) 5,172.92 5,083.37 4,769.32

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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