Antidumping and countervailing duty petition against imports of certain Chinese mobile access equipment and subassemblies: Consequences for exporters and US importers
The Coalition of American Manufacturers of Mobile Access equipment, a US industry trade group comprised of JLG Industries, Inc. and Terex Corporation, filed a petition on February 26, 2021, with the US Department of Commerce (DOC) and the US International Trade Commission (ITC) alleging that certain mobile access equipment and subassemblies thereof (mobile access equipment) from China are being sold in the United States at less than fair value. The petition additionally alleges that the government of China is providing unfair subsidies to producers and exporters of the product in China. The petitioner seeks the imposition of antidumping (AD) and countervailing duties (CVD) on imports of mobile access equipment from China, alleging dumping margins of 86.56 percent.
Under US law, a domestic industry can petition the government to initiate an AD investigation to determine whether an imported product is sold in the United States at less than fair value (ie, dumped). A domestic industry may also seek the initiation of a CVD investigation into alleged subsidization of foreign producers or exporters by a foreign government. Additional duties may be imposed if the DOC determines that imported goods are dumped and/or unfairly subsidized and if the ITC determines that the domestic industry is materially injured or threatened with such injury by reason of the subject imports.
Products covered by the petition
The product covered by the petition is 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 the petition 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.