Co-Authored by Sharath Patil
Background on AD/CVD Investigations
Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.
On February 26, 2021, the Coalition of American Manufacturers of Mobile Access Equipment (“the Coalition”) filed a petition with the USITC and Commerce alleging that certain mobile access equipment and subassembly imports from China are sold in the United States at less than fair value and that the Chinese government is providing unfair subsidies to Chinese producers and exporters. The Coalition comprises two U.S. manufacturers, JLG Industries, Inc. and Terex Corporation. A full list of U.S. importers named in the petition is available here and a full list of Chinese producers named in the petition is available here. The petitioners alleged an AD margin of 86.56% while the petition for CVD does not specify a margin.
Scope of Petition
The petition’s proposed scope comprises certain mobile access equipment, which consists primarily of boom lifts, scissor lifts, and material telehandlers, and subassemblies thereof. The 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 petition scope covers mobile access equipment and subassemblies thereof whether finished or unfinished, whether assembled or unassembled, and whether the equipment contains any additional features that provides for functions beyond the primary lifting function. According to the petition, mobile access equipment subject to these investigations is typically classifiable under HTSUS subheadings 8427.10.8020, 8427.10.8030, 8427.10.8070, 8427.10.8096, 8427.20.8020, and 8427.20.8090. A full petitioner’s scope is available here.
Estimated Schedule of Investigations
|February 26, 2021||Petition filed|
|March 18, 2021||Commerce initiates investigation|
|March 19, 2021||USITC holds staff conference|
|April 12, 2021||USITC makes preliminary determination|
|May 24, 2021||Commerce makes CVD preliminary determination (if not postponed)|
|July 26, 2021||Commerce makes CVD preliminary determination (if fully postponed)|
|August 5, 2021||Commerce makes AD preliminary determination (if not postponed)|
|September 24, 2021||Commerce makes AD preliminary determination (if fully postponed)|
|February 14, 2022||Commerce makes a final determination on AD and CVD (if both preliminary and final determinations are fully postponed)|
|March 30, 2022||USITC makes a final determination (if Commerce determinations are fully postponed)|
|April 6, 2022||AD/CVD orders are published|
What You Should Do
AD/CVD investigations can result in determinations adverse to respondent interests for years that could effectively prohibit access to the U.S. market. Failure to effectively participate in investigations can put exporters and importers at a significant disadvantage.
Diaz Trade Law and its experienced network of Of Counsel experts have many years of experience and a strong track record of success on AD/CVD matters. Diaz Trade Law represents its clients in the following AD/CVD services:
- Initial investigations
- Annual administrative reviews
- Sunset reviews
- Calculation and legal analysis of dumping calculation methodology in both market economy and non-market economy cases
- Scope ruling requests
- New shipper reviews
- Circumvention inquiries
- Appeals of determinations
Diaz Trade Law has significant experience on AD/CVD proceedings. If you would like to have Diaz Trade Law represent you on this or any other AD/CVD matter, contact Diaz Trade Law today at firstname.lastname@example.org or 305-456-3830.