New Trade Case on Imports of Certain Low-Speed Personal Transportation Vehicles From the People’s Republic of China

New U.S. antidumping (“AD”) and countervailing duty (“CVD”) petitions were filed on June 20 by the American Personal Transportation Vehicle Manufacturers Coalition (the “Coalition” or “Petitioner”) against U.S. imports of certain low-speed personal transportation vehicles (“CLSPTV”) from China.

The merchandise covered by these petitions consists of CLSPTVs, which are open-air vehicles that can transport one or more passengers relatively short distances at low speeds. CLSPTVs can be used in a variety of settings, including, but not limited to golf courses, hotels and resorts, or roads. CLSPTVs covered by the scope are typically referred to and used as golf carts or golf cars, low-speed vehicles, personal transportation vehicles, and light utility vehicles. Generally, subject CLSPTVs are comprised of, at a minimum, a “rolling chassis” or fabricated steel and/or aluminum frame or body with front and/or rear suspension components (such as arms, springs, axles, spindles, and shafts) installed, and powertrain components (including an electric motor or internal combustion engine) installed or ready for installation. Please see below for the full text of the proposed scope for the investigations.

The Department of Commerce (“DOC”) and the U.S. International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. If the ITC finds that this standard is met, the cases will move to the DOC, which will calculate the preliminary AD and CVD duty margins.

The DOC’s preliminary determinations are currently expected by Sept. 13 (CVD) and Nov. 27(AD). On the date of publication of DOC’s preliminary determinations, importers will be required to deposit the calculated duties upon the products’ entry into the U.S. market.

Importers should also be aware that entries may be subject to AD/CVD cash deposits 90 days before the DOC preliminary determinations if the DOC issues a finding of “critical circumstances,” meaning that imports increased by at least 15 percent following the filing of the petition compared to a similar period (typically three months) before the petition.

There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available. A schedule of approximate key dates is attached below.

The following are key facts about this trade case:

Petitioner: American Personal Transportation Vehicle Manufacturers Coalition

Foreign Producers/Exporters and US Importers: Please contact us for a listing of individual importers and exporters named in the petitions.

AD/CVD margins: Petitioner alleged dumping margins of 376.70 to 477.31%, ad valorem, and countervailing duty margins above de minimis.

Merchandise covered by the scope of the case:

The proposed scope of these investigations describes the subject merchandise as:

The merchandise covered by this order consists of certain low-speed personal transportation vehicles (CLSPTV) 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. CLSPTVs meeting this description are generally open-air vehicles 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. The main power source for subject CLSPTVs 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 CLSPTVs may be described as golf carts, golf cars, low speed vehicles, personal transportation vehicles, or light utility vehicles.

CLSPTVs subject to this order typically 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 CLSPTVs 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 C.F.R. § 571.500. CLSPTVs that otherwise meet the physical description of this scope but are not certified under 49 C.F.R. § 571.500 and are not certified under other sections of subpart B of the Federal Motor Vehicle Safety Standards (49 C.F.R. § 571) are not excluded from this order. CLSPTVs that are certified under both 49 C.F.R. § 571.500 and other sections of subpart B of the Federal Motor Vehicle Safety Standards remain subject to the scope of this order. Subject CLSPTVs 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. CLSPTVs 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.

An unfinished and/or unassembled CLSPTV subject to this order 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 this order, other CLSPTV 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 CLSPTV that is subject to this order. The inclusion of other products, components, or assemblies not described here does not remove the product from the scope.

Subject CLSPTVs and subassemblies are covered by the scope of this order whether or not they are accompanied by other parts. This order covers all CLSPTVs and subassemblies meeting the physical description of the scope, regardless of overall length, width, height, or weight. Individual components that do not comprise a subject CLSPTV or subassembly that are entered and sold by themselves are not subject to the order, but components entered with a CLSPTV or subassembly, whether finished or unfinished and whether assembled or unassembled, are subject merchandise.

CLSPTVs and subassemblies subject to this order 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 CLSPTVs 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 this order are all-terrain vehicles (which typically have straddle seating and are steered by handlebars), multipurpose off highway utility vehicles (which typically have a maximum top nameplate speed of greater than 25 miles per hour), and recreational off-highway vehicles (which typically 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 and which are used for the express purpose of enabling mobility for a person).

The CLSPTVs subject to the order are typically classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 8703.10.5030. CLSPTVs subject to the order may also enter under HTSUS subheading 8703.90.0100. The CLSPTV subassemblies that are subject to the order 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 order is dispositive.

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907), Aristeo Lopez (alopez@clarkhill.com; 202-552-2366), Kelsey Christensen (kchristensen@clarkhill.com; 202-640-6670), Sally Alghazali (salghazali@clarkhill.com; 202-572-8676), or other members of Clark Hill’s International Trade Business Unit.

Approximate Key Dates*
Antidumping Duty Investigation
Event	No. of Days	Date of Action
Petition Filed	0	6/20/2024
DOC Initiation Date	20	7/10/2024
	ITC Preliminary Investigations**
Questionnaires Due	14	7/4/2024
Request to appear at Conference	18	7/8/2024
Conference	21	7/11/2024
Post-Conference Briefs	26	7/16/2024
ITC Vote	43	8/2/2024
ITC Preliminary Determination	45	† 8/4/2024
	DOC Investigations
DOC Preliminary AD Determination	160	11/27/2024
DOC Final AD Determination	235	2/10/2025
	ITC Final Investigations
ITC Final AD Determination	280	3/27/2025
	DOC Final Investigations
DOC AD Publication of Order	287	10/3/2025
Countervailing Duty Investigation
Event	No. of Days	Date of Action
Petition Filed	0	6/20/2024
DOC Initiation Date	20	7/10/2024
ITC Determination of Reasonable Indication of Injury	45	† 8/4/2024
DOC Preliminary CVD Determination	85	9/13/2024
Submission of Factual Information to DOC	95	9/23/2024
Request for a DOC Hearing	122	† 10/20/2024
DOC Final CVD Determination	160	11/27/2024
ITC Final CVD Determination	205	† 1/11/2025
DOC CVD Publication of Order	212	† 1/18/2025

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