WASHINGTON, June 20,
2024 /PRNewswire/ -- The American Personal
Transportation Vehicle Manufacturers Coalition filed petitions
charging that Chinese imports of low-speed personal transportation
vehicles (CLSPTVs), including golf cars, PTVs, LUVs and LSVs, are
materially injuring the American manufacturing industry. The
Coalition is comprised of U.S. producers Club Car and Textron
Specialized Vehicles Inc., which manufactures E-Z-GO® and Cushman®
vehicles. Wiley is representing the petitioner.
The petitions show that the state-supported Chinese industry is
selling CLSPTVs in the United
States at less than fair value – dumped at rates up to 477%,
which significantly distorts the U.S. market. The petitions also
demonstrate that foreign producers in China unfairly benefit from numerous
countervailable subsidies provided by the Chinese government, such
as tax breaks and discounted raw materials and inputs, which
provide unfair and artificial advantages to the Chinese industry.
These unfair advantages have allowed Chinese producers to gain
significant market share at the expense of the U.S. industry and
its workers.
The filing was made concurrently with the U.S. Department of
Commerce and the U.S. International Trade Commission in response to
the surge in volumes of unfairly traded Chinese imports since 2021
that have materially injured American producers and workers.
Chinese imports more than doubled from 2021 to 2023. And subject
imports totaled more than $522
million in 2023. By using highly dumped and subsidized
prices, Chinese producers have gained a significant and increasing
share of the U.S. market at the direct expense of the American
industry. Due to the increasing volumes of dumped and subsidized
imports, U.S. producers have suffered significant declines in
production, shipments, profits, and employment.
"We welcome the competition of a free and fair market," said
Rob Scholl, president and CEO of
Textron Specialized Vehicles Inc. "We simply want the playing field
to be leveled for all competitors by countering the unfair trade
practices of the state-supported Chinese industry, so that our
products can compete against these Chinese products on their own
merits, unimpeded by unfair trade practices that ultimately harm
American manufacturers, their employees and their customers."
"We joined this coalition because we believe in competing fairly
– whether on the 18th green or in neighborhoods across America. We
expect our competitors to do the same," said Mark Wagner, president and CEO of Club Car, LLC.
"For U.S. manufacturers to make the cut, we need an environment
where everyone follows the same rules and competes on a level
playing field."
"Trade relief is necessary to remedy the injurious effects
unfairly traded Chinese imports have had on a quintessential
American industry," commented Robert E.
DeFrancesco, III, partner in Wiley's International Trade
Practice and counsel to the petitioner, emphasizing that "the
application of antidumping and countervailing duties will be vital
to ensuring that low-speed personal transportation vehicles
continue to be made in the United
States using American-made steel and aluminum products."
The Wiley team representing the petitioners also includes
partners Derick G. Holt and
Greta M. Peisch, associates
Theodore P. Brackemyre, Jacob Garten, and Patrick Griffo, and international trade analysts
Richard F. DiDonna, Benjamin A. Luberda, Amy
E. Sherman, and Paul A.
Zucker.
For more information, please contact:
Robert E. DeFrancesco, III
202-719-7473
RDeFrancesco@wiley.law
_____________________________________________
FACT SHEET
Antidumping and Countervailing Duties: Antidumping
duties are intended to offset the amount by which a product is sold
at less than fair value, or "dumped," in the United States. The margin of dumping is
calculated by the U.S. Department of Commerce. Estimated duties in
the amount of the dumping are collected from importers at the time
of importation. Countervailing duties are intended to offset unfair
subsidies that are provided by foreign governments and benefit the
production of a particular good. The U.S. International Trade
Commission (USITC), an independent federal agency, will determine
whether the domestic industry is materially injured or threatened
with material injury by reason of the unfairly traded Chinese
imports.
Next Steps: Commerce will determine whether to
initiate the investigations within 20 days of today's filing, and
the USITC will reach a preliminary determination of material injury
or threat of material injury within 45 days. The entire
investigative process will take approximately one year, with final
determinations of dumping, subsidization, and injury likely
occurring by mid-2025. However, duties can attach to imports of the
subject vehicles as of the time of Commerce's preliminary
determinations in the case, or even earlier. Commerce is expected
to issue its preliminary subsidy determination between September 13, 2024 and November 18, 2024 (if the preliminary deadline is
fully extended). Likewise, Commerce is expected to issue its
preliminary dumping determination between November 27, 2024 and January 16, 2025 (if fully extended). Commerce
will issue its final dumping and subsidy determinations between 75
and 135 days after its preliminary determinations.
Product Description: The products covered by these
petitions are low-speed personal transportation vehicles 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. They are open-air vehicles capable of transporting one
or more passengers short distances at low speeds. Vehicles meeting
this description are often described as golf carts, golf cars,
personal transportation vehicles, and low-speed vehicles. The main
power source for subject vehicles may be lithium-ion batteries,
lithium phosphate batteries, lead acid batteries, absorbed glass
mat batteries or internal combustion engines. An unfinished or
unassembled CLSPTV subassembly known as a "rolling chassis" –
comprised of a frame or body with suspension and powertrain
components installed – is covered by these petitions.
Petitioning companies: The petitioning companies
include the two members of the American Personal Transportation
Vehicle Manufacturers Coalition: Club Car, LLC and Textron
Specialized Vehicles, Inc. The petitioner is represented by Wiley
Rein LLP.
View original
content:https://www.prnewswire.com/news-releases/wiley-files-trade-petitions-on-behalf-of-american-manufacturers-of-low-speed-personal-transportation-vehicles-to-combat-illegal-and-unfair-dumping-and-subsidies-from-china-302178326.html
SOURCE Wiley Rein LLP