The American Personal Transportation Vehicle Manufacturers Coalition filed petitions for the imposition of antidumping and countervailing (AD/CVD) duties on the imports of certain low speed personal transportation vehicles (“CLSPTV”) from China.
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.
Scope of the Investigation
This petition covers CLSPTVs and subassemblies thereof. CLSPTVs meeting this description are generally open air vehicles with a minimum of four wheels, a steering wheel, a traditional side-by-side or in- line row seating arrangement (i.e., non- straddle), foot operated accelerator and brake pedals, and a gross vehicle weight of no greater than 5,500 pounds.
Specifically excluded from the scope of this order are all-terrain vehicles, multipurpose off highway utility vehicles, and recreational off-highway vehicles.
Next Steps
The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.
As with any proceeding, participation is very important to protect your rights. We urge anyone who imports CLSPTVs to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.
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.