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Notice

Certain Low-Speed Personal Transportation Vehicles From the People's Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty Order; Amended Final Determination of Countervailing Duty Investigation and Countervailing Duty Order

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Document Details

Document Number2025-15244
TypeNotice
PublishedAug 12, 2025
Effective Date-
RIN-
Docket IDA-570-176, C-570-177
Text FetchedYes

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<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-570-176, C-570-177]</DEPDOC> <SUBJECT>Certain Low-Speed Personal Transportation Vehicles From the People's Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty Order; Amended Final Determination of Countervailing Duty Investigation and Countervailing Duty Order</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on certain low-speed personal transportation vehicles (LSPTVs) from the People's Republic of China (China). In addition, Commerce is amending the final less than fair value (LTFV) determination and the final CVD determination for LSPTVs from China to correct ministerial errors. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable August 12, 2025. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Jerry Xiao or Gorden Struck (AD), Office II at (202) 482-2273 or (202) 482-8151, respectively; or Dan Alexander (CVD), Office VII, at (202) 482-4313; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> In accordance with sections 705(d), 735(d), and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b), on June 23, 2025, Commerce published its affirmative final determination of sales at LTFV of LSPTVs from China and its affirmative final determination that countervailable subsidies are being provided to producers and exporters of LSPTVs from China. <SU>1</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Certain Low Speed Personal Transportation Vehicles from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part,</E> 90 FR 26530 (June 23, 2025) ( <E T="03">LTFV Final Determination</E> ), and accompanying Issues and Decision Memorandum (IDM); <E T="03">see also Certain Low-Speed Personal Transportation Vehicles from the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances,</E> 90 FR 26536 (June 23, 2025) ( <E T="03">CVD Final Determination</E> ). </FTNT> On June 30, 2025, the American Personal Transportation Vehicle Manufacturers Coalition (petitioner) and Guangdong Lvtong New Energy Electric Vehicle Technology Co., Ltd. (Guangdong Lvtong) alleged that Commerce made ministerial errors in the <E T="03">LTFV Final Determination</E>   <SU>2</SU> <FTREF/> and the <E T="03">CVD Final Determination.</E> <SU>3</SU> <FTREF/> No party submitted rebuttal comments to the ministerial error allegations. Sections 705(e) and 735(e) of the Act and 19 CFR 351.224(f) define ministerial errors as errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which Commerce considers ministerial. We reviewed the allegations and determined that we made ministerial errors in the <E T="03">LTFV Final Determination</E> and the <E T="03">CVD Final Determination. See</E> “Amendment to the Final Determination of Sales at Less Than Fair Value” and “Amendment to the Final Countervailing Duty Determination” sections below for further discussions. <FTNT> <SU>2</SU>   <E T="03">See</E> Petitioner's Letter, “Petitioner's Ministerial Error Allegation,” dated June 30, 2025 (Petitioner's Ministerial Error Allegation). </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Guangdong Lvtong's Letter, “Lvtong Ministerial Error Allegation,” dated June 30, 2025 (Guangdong Lvtong's Ministerial Error Allegation). </FTNT> On August 4, 2025, the ITC notified Commerce of its final affirmative determinations that an industry in the United States is materially injured within the meanings of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act by reason of subsidized imports of LSPTVs from China and by reason of imports of LSPTVs that are sold in the United States at less than fair value. <SU>4</SU> <FTREF/> <FTNT> <SU>4</SU>   <E T="03">See</E> ITC's Letter, “Chair Determinations Letter to Commerce,” dated August 4, 2025 (ITC Notification Letter). </FTNT> <HD SOURCE="HD1">Scope of the Orders</HD> The product covered by these orders is LSPTVs from China. For a complete description of the scope of these orders, <E T="03">see</E> Appendix I to this notice. <HD SOURCE="HD1">Amendment to the Final Determination of Sales at Less Than Fair Value</HD> On June 30, 2025, Commerce received timely ministerial error allegations from the petitioner alleging that Commerce made three ministerial errors in the <E T="03">LTFV Final Determination</E> with respect to the estimated weighted-average dumping margin for the mandatory respondents Guangdong Lvtong New Energy Electric Vehicle Technology Co., Ltd. (Guangdong Lvtong) and Xiamen Dalle New Energy Automobile Co., Ltd. (Xiamen Dalle) (collectively, the respondents). <SU>5</SU> <FTREF/> Commerce reviewed the record, and we determine that two of the three allegations concerning Xiamen Dalle constitute ministerial errors within the meaning of section 735(e) of the Act and 19 CFR 351.224(f). <SU>6</SU> <FTREF/> Consistent with 19 CFR 351.224(e), Commerce is amending the <E T="03">LTFV Final Determination</E> to reflect the correction of these two ministerial errors. Correction of these ministerial errors changes Xiamen Dalle's final estimated weighted-average dumping margin from 312.31 percent to 312.54 percent. As a result, we are also revising the estimated weighted-average dumping margin assigned to the separate rate companies from 291.04 percent to 292.03 percent. <SU>7</SU> <FTREF/> The amended estimated weighted-average dumping margins are listed in the “Amended Final Determination” section below. <FTNT> <SU>5</SU>   <E T="03">See</E> Petitioner's Ministerial Error Allegation. </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> Memorandum, “Analysis of Ministerial Errors Allegations,” dated July 23, 2025 (Final Ministerial Error Memorandum). </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> Memorandum, “Calculation of the Margin for Respondents Not Selected for Individual Examination for the Amended Final Determination,” dated July 23, 2025. </FTNT> <HD SOURCE="HD1">AD Order</HD> On August 4, 2025, in accordance with 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of LSPTVs that are sold in the United States at LTFV. Therefore, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing this AD order. Because the ITC determined that imports of LSPTVs from China are materially injuring a U.S. industry, unliquidated entries of such merchandise from China, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the subject merchandise exceeds the export price (or constructed export price) of the subject merchandise, for all relevant entries of LSPTVs from China. Antidumping duties will be assessed on unliquidated entries of LSPTVs from China entered, or withdrawn from warehouse, for consumption on or after January 30, 2025, the date of publication of the <E T="03">LTFV Preliminary Determination,</E> <SU>8</SU> <FTREF/> but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination, as further described in the “Provisional Measures—AD ” section of this notice. <FTNT> <SU>8</SU>   <E T="03">See Certain Low Speed Personal Transportation Vehicles from the People's Republic of China: Preliminary Affirmative Determination of Sale at Less-Than-Fair-Value Investigation, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination and Extension of Provisional Measures,</E> 90 FR 8517 (January 30, 2025) ( <E T="03">LTFV Preliminary Determination).</E> </FTNT> Furthermore, both Commerce and the ITC found that critical circumstances exist for LSTPVs from China produced and exported by Guangdong Lvtong, LSTPVs from China produced and exported by the non-examined separate rate companies ( <E T="03">see</E> Appendix II), and LSTPVs from China produced or exported by the China-wide entity; critical circumstances were not found for LSPTVs from China produced and exported by Xiamen Dalle. Accordingly, Commerce will direct CBP to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the subject merchandise exceeds the export price (or constructed export price) of the subject merchandise, for all entries of LSPTVs from China, except those produced and exported by Xiamen Dalle, entered, or withdrawn from warehouse, for consumption on or after November 1, 2024 through January 29, 2025 ( <E T="03">i.e.,</E> 90 days prior to the date of publication of the <E T="03">LTFV Preliminary D ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 44k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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