WASHINGTON, Aug. 2, 2024
/PRNewswire/ -- In a victory for U.S. producers of golf cars, low
speed vehicles, personal transportation vehicles, and lightweight
utility vehicles (collectively, LSPTVs), the U.S. International
Trade Commission (Commission) today found that there is a
reasonable indication that imports from China are materially injuring the U.S. LSPTV
industry.
The Commission's vote comes in response to petitions
filed on June 20, 2024 by the
American Personal Transportation Vehicle Manufacturers Coalition, a
coalition of leading U.S. manufacturers of LSPTVs, namely Club Car,
LLC and Textron Specialized Vehicles Inc., which manufactures
E-Z-GO® and Cushman® vehicles. The cases allege that
unfairly dumped and subsidized imports of Chinese LSPTVs are
injuring the domestic industry and threaten the industry with
further injury.
"U.S. producers of LSPTVs and their employees are suffering as a
result of dumped and subsidized imports from China," said Robert E.
DeFrancesco, lead counsel to the Coalition and a partner in
the International Trade Practice at Wiley Rein LLP. "Today's
vote by the Commission takes the domestic industry one step closer
to restoring a level playing field in the U.S. industry and their
workers."
"Fair competition is essential for customers to continue
benefiting from our industry's commitment to safety, quality, and
innovation in golf cars," said Mark
Wagner, president and CEO of Club Car, LLC. "The
Commission's ruling is critical, as ensuring a level playing field
for all is more important than inaction. We agree with and
appreciate their commitment to pursuing what is right. This is why
we've engaged in this effort."
"Today's finding is an important step in protecting the careers
of thousands of people who design, build, sell and service the
high-quality, safe and reliable American-made vehicles that our
industry produces," said Rob Scholl,
president and CEO of Textron Specialized Vehicles Inc. "We will
continue to fight for our industry, our employees, and ultimately,
the consumer."
On July 10, 2024, the U.S.
Department of Commerce (Commerce) announced the initiation of
antidumping (AD) and countervailing duty (CVD) investigations into
imports of LSPTVs from China.
Commerce is examining at least 48 subsidy programs, including tax
breaks, grants, and discounted inputs provided by the Government of
China to Chinese LSPTVs producers
such as steel, aluminum, and lithium batteries. In addition, the
dumping margins for Chinese LSPTV imports are alleged
to be as high as 478.09%.
The Commission's affirmative preliminary injury determination
paves the way for Commerce to move forward with its investigations.
Unless extended, Commerce is expected to issue its preliminary CVD
determination in September 2024 and
its preliminary AD determination in December
2024. If Commerce also reaches affirmative preliminary
determinations in these cases, provisional AD and CVD duties will
be collected from importers based on the preliminary margins
calculated.
If both agencies ultimately reach affirmative final
determinations, AD and CVD orders on LSPTVs from China will be issued, imposing duties on the
unfairly traded imports for a minimum of five years. Duty evasion,
absorption, and circumvention are strictly illegal.
The Wiley team representing the Coalition also includes partners
Derick G. Holt and Greta M. Peisch, associates Theodore P. Brackemyre, Jacob Garten, Stephen A.
Morrison, and Patrick Griffo,
and international trade analysts Amy E.
Sherman and Benjamin A.
Luberda.
For more information, please contact:
Robert E. DeFrancesco, III
202-719-7473
RDeFrancesco@wiley.law
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SOURCE Wiley Rein LLP