90 FR 87 pgs. 19270-19275 - Lattice Boom Crawler Cranes From Japan: Initiation of Less-Than-Fair-Value Investigation
Type: NOTICEVolume: 90Number: 87Pages: 19270 - 19275
Pages: 19270, 19271, 19272, 19273, 19274, 19275Docket number: [A-588-883]
FR document: [FR Doc. 2025-07897 Filed 5-6-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
[top]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-883]
Lattice Boom Crawler Cranes From Japan: Initiation of Less-Than-Fair-Value Investigation
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
DATES:
Applicable April 30, 2025.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
The Petition
On April 10, 2025, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of lattice boom crawler cranes from Japan, filed in proper form on behalf of The Manitowoc Company, Inc. (the petitioner), a domestic producer of lattice boom crawler cranes. 1
Footnotes:
1 ? See Petitioner's Letter, "Antidumping Petition," dated April 10, 2025 (Petition).
Between April 15 and 23, 2025, Commerce requested supplemental information pertaining to certain aspects of the Petition in supplemental questionnaires. 2 On April 18 and 24, 2025, the petitioner filed timely responses to these requests for additional information. 3
Footnotes:
2 ? See Commerce's Letters, "Supplemental Questions," dated April 15, 2025 (First Supplemental Questionnaire); and "Third Supplemental Questions," dated April 23, 2025 (Third Supplemental Questionnaire); see also Memoranda, "Phone Call with Counsel to the Petitioner," dated April 22, 2025 (April 22 Memorandum).
3 ? See Petitioner's Letters, "Response to Antidumping Duty Petition Supplemental Questionnaire," dated April 18, 2025 (First Petition Supplement); see also "Response to Second and Third Antidumping Duty Petition Supplemental Questionnaires," dated April 24, 2025 (Second Petition Supplement).
In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of lattice boom crawler cranes from Japan are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that imports of such products are materially injuring, or threatening material injury to, the lattice boom crawler cranes industry in the United States. Consistent with section 732(b)(1) of the Act, the Petition was accompanied by information reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of the domestic industry, because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested LTFV investigation. 4
Footnotes:
4 ? See section on "Determination of Industry Support for the Petition," infra.
Period of Investigation (POI)
Because the Petition was filed on April 10, 2025, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) for the Japan LTFV investigation is April 1, 2024, through March 31, 2025.
Scope of the Investigation
The products covered by this investigation are lattice boom crawler cranes from Japan. For a full description of the scope of this investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
[top] Between April 15 and 28, 2025, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is
Footnotes:
5 ? See First Supplemental Questionnaire; see also April 22 Memorandum; Third Supplemental Questionnaire; and "Virtual Meeting with Counsel to the Petitioner," dated April 28, 2025.
6 ? See First Petition Supplement at 1-10; see also Second Petition Supplement at 1-6.
As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage ( i.e., scope). 7 Commerce will consider all scope comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information, 8 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that scope comments be submitted by 5:00 p.m. Eastern Time (ET) on May 20, 2025, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, and should also be limited to public information, must be filed by 5:00 p.m. ET on May 30, 2025, which is 10 calendar days from the initial comment deadline.
Footnotes:
7 ? See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) ( Preamble ); see also 19 CFR 351.312.
8 ? See 19 CFR 351.102(b)(21) (defining "factual information").
Commerce requests that any factual information that parties consider relevant to the scope of this investigation be submitted during that period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party must contact Commerce and request permission to submit the additional information.
Filing Requirements
All submissions to Commerce must be filed electronically via Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies. 9 An electronically filed document must be received successfully in its entirety by the time and date it is due.
Footnotes:
9 ? See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of lattice boom crawler cranes to be reported in response to Commerce's AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant cost of production (COP) accurately, as well as to develop appropriate product comparison criteria.
Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) general product characteristics; and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe lattice boom crawler cranes, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on May 20, 2025, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, and should also be limited to public information, must be filed by 5:00 p.m. ET on May 30, 2025, which is 10 calendar days from the initial comment deadline. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of the LTFV investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the "industry."
Section 771(4)(A) of the Act defines the "industry" as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether "the domestic industry" has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product, 10 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law. 11
Footnotes:
10 ? See section 771(10) of the Act.
11 ? See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
[top] Section 771(10) of the Act defines the domestic like product as "a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title." Thus, the reference point from which the domestic like product analysis begins is "the article subject to an investigation"
With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. 12 Based on our analysis of the information submitted on the record, we have determined that lattice boom crawler cranes, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product. 13
Footnotes:
12 ? See Petition at Volume I (pages 22-24); see also First Petition Supplement at 13-16.
13 ?For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Checklist, "Antidumping Duty Investigation Initiation Checklist: Lattice Boom Crawler Cranes from Japan," dated concurrently with, and hereby adopted by, this notice (Japan AD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping Duty Petition Covering Lattice Boom Crawler Cranes from Japan (Attachment II). This checklist is on file electronically via ACCESS.
On April 29, 2025, we received an industry support challenge from Link-Belt Cranes (Link-Belt), a U.S. producer and importer of lattice boom crawler cranes. 14 On April 29, 2025, the petitioner responded to the standing challenge from Link-Belt. 15 Based on the information provided in the Petition and in the letter from Link-Belt, the share of total U.S. production of the domestic like product in calendar year 2024 represented by the supporters of the Petition did not account for more than 50 percent of the total production of the domestic like product. Therefore, in accordance with section 732(c)(4)(D) of the Act, because the record contained information regarding each U.S. producer's 2024 production of the domestic like product and position on the Petition, we relied on other information ( i.e., actual 2024 production data and the position for each U.S. producer) to determine industry support. 16
Footnotes:
14 ? See Link-Belt's Letter, "Link-Belt's Challenge to Petitioner's Standing," dated April 29, 2025 (Link-Belt Challenge); see also Link-Belt's Letter, "Entry of Appearance," dated April 23, 2025 (Link-Belt EOA).
15 ? See Petitioner's Letter, "Manitowoc Response to Link-Belt's Standing Challenge," dated April 29, 2025.
16 ?For further discussion, see Attachment II of the Japan AD Initiation Checklist.
Section 732(c)(4)(B) of the Act states that (i) Commerce "shall disregard the position of domestic producers who oppose the petition if such producers are related to foreign producers, as defined in section 771(4)(B)(ii), unless such domestic producers demonstrate that their interests as domestic producers would be adversely affected by the imposition of an antidumping duty order"; and (ii) Commerce "may disregard the position of domestic producers of a domestic like product who are importers of the subject merchandise." In addition, 19 CFR 351.203(e)(4) states that the position of a domestic producer that opposes the petition (i) will be disregarded "if such producer is related to a foreign producer or to a foreign exporter under section 771(4)(B(ii) of the Act, unless such domestic producer demonstrates to the Secretary's satisfaction that its interests as a domestic producer would be adversely affected by the imposition of an antidumping duty order"; and (ii) may be disregarded if the producer "is an importer of the subject merchandise {or} is related to such an importer, under section 771(4)(B)(ii) of the Act."
The information on the record indicates that Link-Belt is related to a foreign producer of lattice boom crawler cranes and/or imported subject merchandise from Japan. 17 We have analyzed the information provided by the petitioner and the information provided in the submission from Link-Belt. Based on our analysis, we have determined that it is appropriate to disregard Link-Belt's opposition to the Petition pursuant to section 732(c)(4)(B) of the Act. When Link-Belt's opposition to the Petition is disregarded, the industry support requirements of section 732(c)(4)(A) of the Act are satisfied. 18
Footnotes:
17 ? See Petition at Volume I (page 6 and Exhibits 2 and 3); see also Link-Belt EOA; and Link-Belt Challenge at 3.
18 ?For further discussion, see Attachment II of the Japan AD Initiation Checklist.
Based on our analysis and review of the information on the record, we have determined that the petitioner has established industry support for the Petition. 19 The information on the record demonstrates that the domestic producers of lattice boom crawler cranes who support the Petition account for at least 25 percent of the total production of the domestic like product and, once Link-Belt's opposition is disregarded, account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition. 20 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.
Footnotes:
19 ? Id.
20 ? Id.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act. 21
Footnotes:
21 ?For further discussion, see Japan AD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping Duty Petition Covering Lattice Boom Crawler Cranes from Japan.
The petitioner contends that the industry's injured condition is illustrated by a significant increase in the volume of subject imports; increase in subject market share; lost sales and revenues; underselling and price depression and/or suppression; low capacity utilization; adverse impact on employment variables; and negative impact on financial performance. 22 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, cumulation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation. 23
Footnotes:
22 ? Id.
23 ? Id.
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate an LTFV investigation of imports of lattice boom crawler cranes from Japan. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the Japan AD Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on a transaction-specific average unit value (AUV) ( i.e., month-and port-specific AUV) derived from official import statistics and ship manifest data. 24 The petitioner made certain adjustments to U.S. price to calculate a net ex-factory U.S price, where applicable. 25
Footnotes:
24 ? See Japan AD Initiation Checklist.
25 ? Id.
Normal Value? 26
Footnotes:
26 ?In accordance with section 773(b)(2) of the Act, for this investigation, Commerce will request information necessary to calculate the constructed value (CV) and COP to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product.
[top] The petitioner based NV on home market pricing information it obtained
Footnotes:
27 ? See Japan AD Initiation Checklist.
Normal Value Based on Constructed Value
As noted above, the petitioner provided information indicating the prices for lattice boom crawler cranes sold or offered for sale in Japan were below the COP. Therefore, the petitioner calculated NV based on CV. 28
Footnotes:
28 ? Id.
Pursuant to section 773(e) of the Act, the petitioner calculated CV as the sum of the cost of manufacturing, selling, general, and administrative (SG&A) expenses, financial expenses, and profit. 29 In calculating the cost of manufacturing, the petitioner relied on its own production experience and input consumption rates for lattice boom crawler cranes, valued using publicly available information applicable to Japan. 30 For calculating SG&A expenses, financial expenses, and profit ratios, the petitioner relied on the fiscal year 2023-2024 financial statements of a producer of identical merchandise domiciled in Japan. 31
Footnotes:
29 ? Id.
30 ? Id.
31 ? Id.
Fair Value Comparison
Based on the data provided by the petitioner, there is reason to believe that imports of lattice boom crawler cranes from Japan are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margin for lattice boom crawler cranes from Japan is 157.43 percent. 32
Footnotes:
32 ? Id.
Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental responses, we find that they meet the requirements of section 732 of the Act. Therefore, we are initiating an LTFV investigation to determine whether imports of lattice boom crawler cranes from Japan are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation.
Respondent Selection
In the Petition, the petitioner identified two companies in Japan as producers and/or exporters of lattice boom crawler cranes. 33 Following standard practice in LTFV investigations involving market economy countries, Commerce would normally select respondents based on U.S. Customs and Border Protection (CBP) entry data for imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) subheading(s) listed in the "Scope of the Investigation" in the Appendix. However, for this investigation, the main HTSUS subheadings under which the subject merchandise would enter (8426.49.0010 and 8426.49.0090) are basket categories under which non-subject merchandise may also enter. Therefore, instead of relying on CBP entry data in selecting respondents, we intend to issue quantity and value (Q&V) questionnaires to each potential respondent for which there is complete address information on the record.
Footnotes:
33 ? See Petition at Volume I (page 15); see also Second Supplement at 1.
Commerce will also post the Q&V questionnaires along with filing instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of lattice boom crawler cranes from Japan that do not receive Q&V questionnaires may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from Commerce's website. Responses to the Q&V questionnaire must be submitted by the relevant producers/exporters no later than 5:00 p.m. on May 14, 2025, which is two weeks from the signature date of this notice. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under administrative protective order (APO) in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the government of Japan via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of lattice boom crawler cranes from Japan are materially injuring, or threatening material injury to, a U.S. industry. 34 A negative ITC determination will result in the investigation being terminated. 35 Otherwise, this LTFV investigation will proceed according to statutory and regulatory time limits.
Footnotes:
34 ? See section 733(a) of the Act.
35 ? Id.
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). Section 351.301(b) of Commerce's regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted? 36 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. 37 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation.
Footnotes:
36 ? See 19 CFR 351.301(b).
37 ? See 19 CFR 351.301(b)(2).
Particular Market Situation Allegation
[top] Section 773(e) of the Act addresses the concept of particular market situation (PMS) for purposes of CV,
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), sets a deadline for the submission of cost-based PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a cost-based PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of a respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections 773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act ( i.e., a sales-based PMS allegation) must be filed within 10 days of submission of a respondent's initial section B questionnaire response, in accordance with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. 38 For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances we will grant untimely filed requests for the extension of time limits, where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce's regulations concerning the extension of time limits and the Time Limits Final Rule prior to submitting factual information in this investigation. 39
Footnotes:
38 ? See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013) ( Time Limits Final Rule ), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
39 ? See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
Certification Requirements
Any party submitting factual information in an AD or countervailing duty proceeding must certify to the accuracy and completeness of that information. 40 Parties must use the certification formats provided in 19 CFR 351.303(g). 41 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements.
Footnotes:
40 ? See section 782(b) of the Act.
41 ? See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) ( Final Rule ). Additional information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
Notification to Interested Parties
Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in this investigation should ensure that they meet the requirements of 19 CFR 351.103(d) ( e.g., by filing the required letter of appearance). Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 42
Footnotes:
42 ? See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023).
This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 30, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation consists of lattice boom crawler cranes, and lattice boom crawler crane assemblies. Lattice boom crawler cranes combine the assemblies defined below, among other components, including a lower carriage assembly fitted with tank-link crawler tracks, an upper carriage housing the operator cab, engine, and hydraulics, and a boom made of steel pipe welded together in a distinctive lattice pattern. The scope of this investigation covers lattice boom crawler cranes and lattice boom crawler crane assemblies, whether assembled or unassembled, and whether or not the lattice boom crawler crane contains any additional features that provide for functions beyond the primary lifting function. All lattice boom crawler cranes are included in the scope regardless of maximum lift capacity, lattice boom length, jib configuration, or other added features.
Subject merchandise includes, but is not limited to, the following lattice boom crawler crane assemblies which can be imported in isolation or combined in different configurations at the time of import:
• Lattice boom assemblies and pieces thereof. Lattice boom assemblies are formed of interlocking sections of welded high-strength steel pipe, that form the lifting attachment of the crane. A lattice boom is formed by welding main chords together with lacing pipes typically arranged in a "W" or "V" pattern. Lattice boom assemblies consist of a boom butt (also known as a boom bottom or boom base), which attaches to the upper carriage assembly, and a boom head (also known as a boom tip or boom hat), which forms the other end of the boom structure. In between the boom butt and boom head, boom inserts of various lengths can be inserted to reach the desired boom height and load bearing capability. Lattice boom assemblies may be imported with boom butt, boom tip, and boom inserts together, but boom butt, boom tip, and boom inserts imported alone are also covered by the scope.
[top] • Lower carriage assembly. The lower carriage assembly (also may be referred to as a carbody or lower works) is constructed with high-strength steel components and forms the base of the crawler crane. The lower carriage assembly typically includes various motors, drive mechanisms, and hydraulics. The lower carriage assembly may also include a set of counterweights to provide backward stability for the assembled crane. The lower carriage typically has a circular center that is connected to the upper carriage assembly with a bearing. The lower and upper carriage assemblies may or may not be connected by a bearing at the time of importation. Steel arms extend from the center of the lower carriage and connect to
• Crawler assembly. Each lattice boom crawler crane contains at least two crawler assemblies, which are continuous tracks that provide mobility and distribute the crane's weight evenly across the ground. The tracks of a lattice boom crawler crane consist of steel track shoes, which are interlocking steel plates that form the tread of the tracks and make direct contact with the ground, a track chain, which is a continuous loop of interconnected steel links, and a crawler body and track rollers, which support the track shoes and track chain. Typically, drive motors mounted on the lower carriage assembly connect to crawler-mounted drive sprockets, which engage the track chain and allow the LBCC to move forward and backward.
• Upper carriage assembly. The upper carriage assembly, also known as the upper works, typically includes the operator's cab, hydraulic systems, engine, boom hoist, mast, and a turntable base with swing drive mechanism that connects to the lower carriage assembly and allows the upper carriage to pivot on the lower carriage assembly. The upper and lower carriage assemblies may or may not be connected by a bearing at the time of importation. The upper carriage assembly may also include a separate counterweight tray and counterweights, which allow the crane to maintain balance while lifting heavy loads, as well as a gantry, which helps lift the boom and counterweights during installation, although the counterweight tray, counterweights, and gantry are not required to be attached for the upper carriage assembly to be a subject assembly. The boom butt may or may not be attached to the upper carriage assembly at the time of entry.
• Hoisting assembly. The hoisting assembly, housed within the upper carriage assembly and lattice boom assembly, powers the lifting and lowering of loads and typically consists of a hoisting line of high strength steel cable, a hoist motor, hoist brakes, hoisting drums, and a hook block formed from steel sheaves, which helps distribute the load on the hoisting line and increases lifting capacity. The main hoisting line typically runs from the hoist drums, housed in the upper carriage assembly, up through the lattice boom (which may or may not house additional hoist drums) and hook block.
• Jib assemblies. Jib assemblies are optional components that can be added to the top end of the boom to provide the crane with greater reach. Similar to lattice boom assemblies, jib assemblies typically consist of interlocking sections of welded steel pipe, arranged in a "V" or "W" lattice pattern. Jib assemblies can consist of either fixed jib, which extends from the main lattice boom at a fixed angle, or a luffing jib, which can be raised or lowered by the operator through a separate set of controls.
Importation of any of these assemblies, whether assembled or unassembled, constitutes unfinished lattice boom crawler cranes for purposes of this investigation. Inclusion of other components not identified as comprising the finished or unfinished lattice boom crawler cranes and lattice boom crawler crane assemblies do not remove the products from the scope.
Processing of lattice boom crawler cranes and lattice boom crawler crane assemblies such as welding, joining, bolting, painting, coating, finishing, or assembly, either in the country of manufacture of the in-scope product or in a third country does not remove the product from the scope. Lattice boom crawler cranes and lattice boom crawler crane assemblies subject to this investigation include those that are produced in the subject country whether assembled with other components in the subject country or in a third country. Processing or completion of finished and unfinished lattice boom crawler cranes and the covered lattice boom crawler crane assemblies either in the subject country or in a third country does not remove the product from the scope.
Lattice boom crawler cranes subject to this investigation are typically classifiable under subheadings 8426.49.0010 and 8426.49.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). Lattice boom crawler crane assemblies may also be classified under subheadings 8426.49.0010 or 8426.49.0090, or may be classified under subheadings 8431.49.1090, 8431.49.1060, or 8425.19.0000 of the HTSUS. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.
[FR Doc. 2025-07897 Filed 5-6-25; 8:45 am]
BILLING CODE 3510-DS-P