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Full text as published by U.S. Customs and Border Protection
1.
On 06/23/2025, Commerce published in the Federal Register (90 FR 26530) its final determination, final affirmative determination of critical circumstances, in part, in the antidumping duty investigation of certain low speed personal transportation vehicles from the People's Republic of China.
2.
The merchandise covered by this investigation has changed.
The merchandise covered by this investigation consists of certain low speed personal transportation vehicles (LSPTVs) and subassemblies thereof, whether finished or unfinished and whether assembled or unassembled, with or without tires, wheels, seats, steering columns and steering wheels, canopies, roofs, or batteries.
LSPTVs meeting this description are generally open-air vehicles, i.e., may have a permanent roof, may have a permanent windshield, and may be covered with temporary sides, 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.
Vehicles with a roof and four sides with doors and windows permanently integrated into the chassis at the time of production (e.g., the sides are welded to the chassis and roof) are not subject to the order.
The main power source for subject LSPTVs is either an electric motor and battery (including but not limited to lithium-ion batteries, lithium phosphate batteries, lead acid batteries, and absorbed glass mat batteries) or a gas-powered internal combustion engine.
Subject LSPTVs may be described as golf carts, golf cars, low speed vehicles, personal transportation vehicles, or light utility vehicles.
LSPTVs subject to these investigations should have a maximum top nameplate speed of no greater than 25 miles per hour as required by federal, state, and local laws and regulations.
Subject LSPTVs with a maximum top nameplate speed greater than 20 miles per hour normally must comply with the U.S. Department of Transportation's Federal Motor Vehicle Safety Standards for Low-Speed Vehicles set forth in 49 CFR 571.500.
LSPTVs that otherwise meet the physical description of this scope but are not certified under 49 CFR 571.500 and are not certified under other sections of subpart B of the Federal Motor Vehicle Safety Standards (49 CFR part 571), are not excluded from these investigations.
LSPTVs that are certified under both 49 CFR 571.500 and other sections of subpart B of the Federal Motor Vehicle Safety Standards remain subject to the scope of these investigations. Subject LSPTVs that have a maximum top nameplate speed of less than 25 miles per hour may be certified to the SAE International (SAE) standards SAE J2258 and SAE J2358.
LSPTVs that have a maximum top nameplate speed of less than 20 miles per hour may also be certified to the Outdoor Power Equipment Institute (OPEI) standards OPEI Z130.1 and OPEI Z135.
The SAE and OPEI standards provided above are for reference purposes only, and whether merchandise is certified to those standards is not dispositive of whether that merchandise is subject to this investigation.
An unfinished and/or unassembled LSPTV subject to these investigations covers at a minimum a subassembly, also known as a "rolling chassis," which is typically comprised of, but not limited to, a frame or body with front and/or rear suspension components (such as arms, springs, axles, spindles, and shafts) installed and powertrain components (including either an electric motor or a gas-powered internal combustion engine) installed or ready for installation.
When imported together with a rolling chassis subject to these investigations, other LSPTV components, such as batteries, bumpers, wheel and tire assemblies, cowlings, fenders, grills, kick plates, steering column and steering wheel assemblies, dash assembly, seat assemblies, pedal assemblies, brake assemblies, canopy or roof assemblies, temporary rain enclosures, windshields, mirrors, headlights, taillights, lighting systems, or storage - whether assembled or unassembled, whether as part of a kit or not, and whether or not accompanied by additional components - constitute part of an unfinished and/or unassembled LSPTV that is subject to the investigations.
The inclusion of other products, components, or assemblies not described here does not remove the product from the scope.
Subject LSPTVs and subassemblies are covered by the scope of these investigations whether or not they are accompanied by other parts.
These investigations cover all LSPTVs and subassemblies meeting the physical description of the scope, regardless of overall length, width, or height.
The following individual components of Chinese origin that are entered by themselves on separate bills of lading (i.e., not on the same bills of lading as Chinese-origin subject subassemblies/rolling chassis) are not subject to the investigations when accompanied by the appropriate certification:
seat assemblies, steering columns, suspension systems, plastic cowlings, and electric and gas-powered motors suitable for use in LSPTV.
When entered with (i.e., on the same bill of lading as) a Chinese-origin LSPTV or subject rolling chassis, whether finished or unfinished and whether assembled or unassembled, or when entered without the appropriate certification, these components are subject merchandise.
LSPTVs and subassemblies subject to these investigations 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 LSPTVs and subassemblies either in the subject country or in a third country does not remove the product from the scope.
Specifically excluded from the scope of these investigations are all-terrain vehicles (which typically have straddle seating and are steered by handlebars), multipurpose off-highway utility vehicles (which have a maximum top nameplate speed of greater than 25 miles per hour), and recreational off-highway vehicles (which have a maximum top nameplate speed of greater than 30 miles per hour).
Also excluded from the scope are go-karts, electric scooters, golf trolleys, and mobility aids (which include power wheelchairs and scooters which are used for the express purpose of enabling mobility for a person).
The LSPTVs subject to these investigations are typically classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 8703.10.5030.
LSPTVs subject to the investigations may also enter under HTSUS subheading 8703.10.5060 and 8703.90.0100.
The LSPTV subassemblies that are subject to the investigations typically enter under HTSUS subheadings 8706.00.1540 and 8707.10.0040.
The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise subject to the investigations is dispositive.
3a.
As noted in paragraph 2, Chinese-origin LSPTV or subject rolling chassis, whether finished or unfinished and whether assembled or unassembled, are covered by this investigation.
Parts and components used to manufacture LSPTV (specifically, eat assemblies, steering columns, suspension systems, plastic cowlings, and electric and gas-powered motors) produced in the People's Republic of China that could be used to produce LSPTV or subassemblies/rolling chassis thereof and that are entered by themselves on separate bills of lading (i.e., not on the same bills of lading as Chinese-origin subject subassemblies/rolling chassis) are not subject to the investigations when accompanied by the appropriate certification.
In order for no cash deposit to be required for these specific products, the certification and documentation requirements listed below must be met.
Entries made within 15 days of publication of the final determination in the Federal Register (06/23/2025) must be certified as soon as applicable, but no later than 45 days after the date of the publication of the final determination.
Entries made after 16 days of publication of this final determination in the Federal Register must be certified at the time of entry summary filing.
3b.
Importers, or the importer's agent, of seat assemblies, steering columns, suspension systems, plastic cowlings, and electric and gas-powered motors produced in China that could be used to produce LSPTV or subassemblies/rolling chassis thereof and that are entered by themselves on separate bill of ladings must submit the following certification, as well as documentation supporting the certification to CBP as part of the entry process by uploading them into the document imaging system in CBP's Automated Commercial Environment.
Consistent with CBP's procedures, importers shall identify entries required to have certifications by using importers additional declaration (record 54) AD/CVD Certification Designation (type code 06) when filing entry summaries.
If an importer has not met the certification and/or related documentation requirements for certain entries, CBP shall suspend all unliquidated entries for which the importer has failed to supply this information and require the posting of a cash deposit on the total entered value of the parts and components listed above in accordance with the instructions in paragraph 5 below.
NOTE:
The importer or its agent must indicate that both conditions listed under item F. below are true in order for the parts and components listed above to be imported without regard to cash deposits.
In other words, the importer or its agent must indicate 1) that the parts and components are not being imported with subject subassemblies (i.e., rolling chassis) or subject unfinished LSPTVs; AND, 2) that neither the importer nor a related entity will assemble these parts with a subject subassembly or a subject unfinished LSPTV to produce an LSPTV.
Importer Certification
I hereby certify that:
My name is {NAME of IMPORTING COMPANY OFFICIAL} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING
COMPANY}.
I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the products that entered under entry summary number(s), identified below, and are covered by this certification. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own records.
If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
The product(s) covered by this certification was/were imported by {IMPORTING COMPANY} on behalf of {U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}.
If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer.
The product(s) covered by this certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
This certification applies to the following entries (repeat this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
I am importing Chinese-origin seat assemblies, steering column assemblies, suspension systems, plastic cowlings, or motors (regardless of whether electric or gas powered) that could be used to produce low speed personal transportation vehicles (LSPTVs) or subassemblies thereof.
I certify that the parts (i.e., Chinese-origin seat assemblies, steering column assemblies, suspension systems, plastic cowlings, or motors) that I am importing are not being imported together with subject subassemblies (i.e., rolling chassis) or subject unfinished LSPTVs.
Imported together means on the same bill of lading.
Parts on the same bill of lading are considered to be imported together even if they are entered in different containers, separate entries, or on different invoices.
A subassembly (i.e., rolling chassis) is subject to the Order if it meets the definition of a rolling chassis as described by the scope of this order.
I also certify that neither my company nor a related entity will assemble these parts with a subject subassembly or a subject unfinished LSPTV to produce an LSPTV.
For purposes of this certification, a related entity is any entity that has a connection to the importer, whether through ownership, control, contracts, or close supplier/customer relationship.
I understand that {IMPORTING COMPANY} is required to submit a copy of the importer certification, the commercial
invoice, and the bill of lading as part of the entry summary by uploading them into the document imaging system (DIS) in ACE, and to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation upon request of either agency.
I understand that {IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party)
until the later of (1) the date that is five years after the latest entry date of the entries covered by the certification or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries.
I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
I understand that failure to maintain and submit the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping duty and countervailing duty orders on certain low speed personal transportation vehicles and subassemblies thereof from China. I understand that such finding will result in:
suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;
the importer being required to post the antidumping duty and countervailing duty cash deposits determined by Commerce; and
the importer no longer being allowed to participate in the certification process.
I understand that agents of the importer, such as brokers, are not permitted to make this certification.
This certification was completed by the time of filing the entry summary or within 45 days of the date on which Commerce published notice of its antidumping duty and countervailing duty orders on certain low speed personal transportation vehicles and subassemblies thereof from China in the Federal Register.
I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
4.
This proceeding has been assigned case number A-570-176.
5a.
Commerce has determined that critical circumstances exist for imports of certain low speed personal transportation vehicles from the People's Republic of China from certain companies listed below.
CBP shall suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after 11/01/2024 (90 days prior to publication of the preliminary determination in the Federal Register).
Effective 06/23/2025, for such entries, CBP shall require cash deposit equal to the margins for the exporter/producer combinations listed below:
Exporter: China-Wide Entity
Case number: A-570-176-000
Cash deposit rate: 478.09%
Exporter: Guangdong Lvtong New Energy Electric Vehicle Technology Co., Ltd.
Producer: Guangdong Lvtong New Energy Electric Vehicle Technology Co., Ltd.
Case number: A-570-176-001
Cash deposit rate: 119.39%
Exporter: Alwayz Electric Vehicle (Chuzhou) Co., Ltd.
Producer: Alwayz Electric Vehicle (Chuzhou) Co., Ltd.
Case number: A-570-176-003
Cash deposit rate: 291.04%
Exporter: Dongguan Excar Electric Vehicle Co., Ltd.
Producer: Dongguan Excar Electric Vehicle Co., Ltd.
Case number: A-570-176-004
Cash deposit rate: 291.04%
Exporter: GD Evtong New Tech Co., Ltd
Producer: Guangdong Yitong New Energy Technology Co., Ltd
Case number: A-570-176-005
Cash deposit rate: 291.04%
Exporter: Greenman Electric Vehicles Co., Ltd.
Producer: Greenman Electric Vehicles Co., Ltd.
Case number: A-570-176-006
Cash deposit rate: 291.04%
Exporter: Guangdong Marshell Electric Vehicle Co., Ltd
Producer: Guangdong Marshell Electric Vehicle Co., Ltd
Case number: A-570-176-007
Cash deposit rate: 291.04%
Exporter: Guangdong Yatian Industrial Co., Ltd.
Producer: Guangdong Yatian Industrial Co., Ltd.
Case number: A-570-176-008
Cash deposit rate: 291.04%
Exporter: Guangdong Yitong New Energy Technology Co., Ltd
Producer: Guangdong Yitong New Energy Technology Co., Ltd
Case number: A-570-176-009
Cash deposit rate: 291.04%
Exporter: Guangzhou BorCart Electric Vehicle Co., Ltd
Producer: Guangzhou Langqing Electric Car Co., Ltd
Case number: A-570-176-010
Cash deposit rate: 291.04%
Exporter: Guangzhou Langqing Electric Car Co., Ltd
Producer: Guangzhou Langqing Electric Car Co., Ltd
Case number: A-570-176-011
Cash deposit rate: 291.04%
Exporter: Guangzhou Rariro Vehicle Co., Ltd
Producer: Guangzhou Rariro Vehicle Co., Ltd
Case number: A-570-176-012
Cash deposit rate: 291.04%
Exporter: Guangzhou Sachs Bikes Technology Co., Ltd.
Producer: LuckyRam Technology Co., Ltd.
Case number: A-570-176-013
Cash deposit rate: 291.04%
Exporter: Haike EV Co., Ltd.
Producer: Shandong Haike Vehicle Co., Ltd.
Case number: A-570-176-014
Cash deposit rate: 291.04%
Exporter: Jiangsu FMX Electric Vehicle Co., Ltd.
Producer: Jiangsu FMX Electric Vehicle Co., Ltd.
Case number: A-570-176-015
Cash deposit rate: 291.04%
Exporter: Jiaxing Learoad Special Vehicle Co., Ltd.
Producer: Jiaxing Learoad Special Vehicle Co., Ltd.
Case number: A-570-176-016
Cash deposit rate: 291.04%
Exporter: Kangdi Electric Vehicle (Hainan) Co., Ltd.
Producer: Kangdi Electric Vehicle (Hainan) Co., Ltd.
Case number: A-570-176-017
Cash deposit rate: 291.04%
Exporter: Qingdao Beemotor New Energy Vehicle Co., Ltd.
Producer: Shandong Haike Vehicle Technology Co., Ltd
Case number: A-570-176-018
Cash deposit rate: 291.04%
Exporter: Qingdao Beemotor New Energy Vehicle Co., Ltd.
Producer: Dezhou Fuqing Vehicle Industry Co., Ltd.
Case number: A-570-176-019
Cash deposit rate: 291.04%
Exporter: Shandong Qiaoke New Energy Auto Industry Co., Ltd
Producer: Shandong Qiaoke New Energy Auto Industry Co., Ltd
Case number: A-570-176-020
Cash deposit rate: 291.04%
Exporter: Shandong Yongli New Energy Vehicle Industry Co., Ltd.
Producer: Dachi Intelligent Automobile (Rizhao) Co., Ltd.
Case number: A-570-176-021
Cash deposit rate: 291.04%
Exporter: Shanghai Dachi Auto Power Co., Ltd
Producer: Dachi Intelligent Automobile (Rizhao) Co., Ltd.
Case number: A-570-176-022
Cash deposit rate: 291.04%
Exporter: Shanghai Helios New Energy Technology Co., Ltd.
Producer: Wuxi Yaxi Electric Vehicle Sales Co., Ltd.
Case number: A-570-176-023
Cash deposit rate: 291.04%
Exporter: Shanghai Sirius International Trading Co., Ltd.
Producer: Shanghai Sirius International Trading Co., Ltd.
Case number: A-570-176-024
Cash deposit rate: 291.04%
Exporter: Shanghai Yixing Power Technology Co., Ltd.
Producer: Shanghai Yixing Power Technology Co., Ltd.
Case number: A-570-176-025
Cash deposit rate: 291.04%
Exporter: Shenzhen Aoxiang Industrial Development Co., Ltd.
Producer: Shenzhen Aoxiang Industrial Development Co., Ltd.
Case number: A-570-176-026
Cash deposit rate: 291.04%
Exporter: Shenzhen Lento New Energy Electric Vehicle Co., Ltd
Producer: Guangdong Lantu Electric Vehicle Co., Ltd.
Case number: A-570-176-027
Cash deposit rate: 291.04%
Exporter: Suzhou Alwayz Electric Vehicle Manufacturing Co., Ltd.
Producer: Suzhou Alwayz Electric Vehicle Manufacturing Co., Ltd.
Case number: A-570-176-028
Cash deposit rate: 291.04%
Exporter: Suzhou Eagle Electric Vehicle Manufacturing Co., Ltd.
Producer: Suzhou Eagle Electric Vehicle Manufacturing Co., Ltd.
Case number: A-570-176-029
Cash deposit rate: 291.04%
Exporter: Suzhou Lexsong Electromechanical Equipment Co., Ltd.
Producer: Wuxi Yaxi Electric Vehicle Co., Ltd.
Case number: A-570-176-030
Cash deposit rate: 291.04%
Exporter: Suzhou Lexsong Electromechanical Equipment Co., Ltd.
Producer: Jiangsu Feimaxiang Technology Co., Ltd.
Case number: A-570-176-031
Cash deposit rate: 291.04%
Exporter: Suzhou Wintao Intelligent Technology Co., Ltd.
Producer: Suzhou Wintao Intelligent Technology Co., Ltd.
Case number: A-570-176-032
Cash deposit rate: 291.04%
Exporter: Taiyuan Steel Engineering Corp., Ltd
Producer: Wuxi Yaxi Electric Vehicle Co., Ltd
Case number: A-570-176-033
Cash deposit rate: 291.04%
Exporter: Taizhou Yoki Carts Co., Ltd.
Producer: Taizhou Yoki Carts Co., Ltd.
Case number: A-570-176-034
Cash deposit rate: 291.04%
Exporter: Top New Energy Technology (Dongguan) Co., Ltd
Producer: Guangdong Yitong New Energy Technology Co., Ltd
Case number: A-570-176-035
Cash deposit rate: 291.04%
Exporter: Wuxi Hio Special Vehicle Co., Ltd.
Producer: Wuxi Hio Special Vehicle Co., Ltd.
Case number: A-570-176-036
Cash deposit rate: 291.04%
Exporter: Wuxi Yaxi Electric Vehicle Sales Co., Ltd.
Producer: Wuxi Yaxi Electric Vehicle Sales Co., Ltd.
Case number: A-570-176-037
Cash deposit rate: 291.04%
Exporter: Xingtel Xiamen Group Co., Ltd.
Producer: Xingtel Xiamen Group Co., Ltd.
Case number: A-570-176-038
Cash deposit rate: 291.04%
Exporter: Yangzhou Whanlong Electric Vehicle Co., Ltd.
Producer: Yangzhou Whanlong Electric Vehicle Co., Ltd.
Case number: A-570-176-039
Cash deposit rate: 291.04%
Exporter: Zhejiang Taotao Vehicles Co., Ltd.
Producer: Zhejiang Taotao Vehicles Co., Ltd.
Case number: A-570-176-040
Cash deposit rate: 291.04%
5b.
Because Commerce has determined that critical circumstances do not exist for imports of certain low speed personal transportation vehicles from the People's Republic of China from Xiamen Dalle New Energy Automobile Co., Ltd., the retroactive suspension of liquidation ordered in message 5041412, dated 02/10/2025, is terminated.
Accordingly, Commerce will direct CBP in separate instructions to terminate the suspension of liquidation for all shipments of certain low speed personal transportation vehicles from the People's Republic of China from the exporter/producer combination listed below, entered, or withdrawn from warehouse, for consumption, before 01/30/2025 and to refund any cash deposits.
The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.
Effective 06/23/2025, for entries of certain low speed personal transportation vehicles from the People's Republic of China from the exporter/producer combination listed below, CBP shall require a cash deposit equal to the following dumping margins:
Exporter: Xiamen Dalle New Energy Automobile Co., Ltd.
Producer: Xiamen Dalle New Energy Automobile Co., Ltd.
Case number: A-570-176-002
Cash deposit rate: 312.31%
6.
For all other entries of certain low speed personal transportation vehicles from the People's Republic of China, the following cash deposit instructions apply:
A.
For all Chinese exporters of certain low speed personal transportation vehicles from the People's Republic of China which have not received their own rate, the cash deposit will be the China-wide rate.
B.
For all non-Chinese exporters of certain low speed personal transportation vehicles from the People's Republic of China which have not received their own rate, the cash deposit rate will be the rate applicable to the exporter/producer combinations that supplied that non-Chinese exporter.
7.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by OII: JX.)
8.
There are no restrictions on the release of this information.
Alexander Amdur