New Trade Case on Imports of Mobile Access Equipment from China
AuthorsR. Kevin Williams , Mark R. Ludwikowski , Dennis Devaney , William C. Sjoberg
A new U.S. antidumping (“AD”) and countervailing (“CVD”) duty petition was filed on February 26, 2021, by the Coalition of American Manufacturers of Mobile Access Equipment (members include JLG Industries, Inc. and Terex Corporation) against imports of certain mobile access equipment and subassemblies from China.
Mobile access equipment is used to lift personnel, tools, equipment, and/or other cargo up to heights of 180 feet or higher. It is typically used for work in construction applications, although it can also be used for agricultural, warehousing, and facility maintenance applications, as well as other work areas and job sites.
Generally, mobile access equipment consists of machines comprised primarily of fabricated steel parts and subassemblies, which are engine-powered or electric-powered, with mobile lifting devices, among other parts. Mobile access equipment can be self-propelled (i.e., equipped with drive systems that allow the machine to be driven to the work area) or towed (i.e., must be physically pulled to relocate). For a full description of the scope of the petition, please see the Scope section below.
The petition includes AD (less than fair value) and CVD (unfair subsidies) allegations against China. The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring the U.S. industry. If the ITC finds that standard is met, then the cases will move to the DOC which will calculate the preliminary AD duty margins.
The DOC’s preliminary determinations are currently scheduled for May 24, 2021 (CVD) and August 5, 2021 (AD), which are the dates when importers will be required to deposit the calculated duties upon the products’ entry in the U.S. market.
There are strict statutory deadlines associated with these proceedings, and affected companies are advised to prepare as soon as possible. If this product is of interest to you and you would like to receive updates on this case, please contact us.
The following are key facts about this trade case:
Petitioner: Coalition of American Manufacturers of Mobile Access Equipment (members include JLG Industries, Inc. and Terex Corporation)
Foreign Producers/Exporters and US Importers: Please contact us for a listing of individual companies named in the petition.
AD Margins: Petitioner has alleged the following AD and CVD margins:
- China: a calculated AD margin of 86.56 percent ad valorem and a CVD margin above de minimis.
Merchandise Covered by the Scope of the Case:
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 with 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.
If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (email@example.com; 202-640-6680), Kevin Williams (firstname.lastname@example.org; 312-985-5907); William Sjoberg (email@example.com; 202-772-0924), Courtney Gayle Taylor (firstname.lastname@example.org; 202-552-2350); Dennis Devaney (email@example.com); or another member of Clark Hill's International Trade Business Unit.