U.S. Customs and Border Protection (CBP) is investigating several Chinese exporters of mobile access equipment following allegations they are falsely marking shipments to avoid paying duties.
The investigation was prompted after law firm Wiley submitted information to CBP on behalf of its client, JLG Industries Inc. JLG is a U.S. manufacturer of mobile access equipment, such as boom lifts, scissor lifts and telehandlers, which are used often by glaziers.
Wiley alleges that multiple Chinese exporters were evading antidumping and countervailing duties in place on mobile access equipment imports from China.
“Once antidumping and subsidy orders are in place, robust enforcement is critical to ensure American companies receive the relief they are entitled to under the law,” says Tim Brightbill, Wiley’s International Trade Practice co-chair. “These enforcement actions show both the lengths that Chinese mobile access equipment manufacturers will go to evade trade orders and the seriousness with which CBP takes such actions.”
Antidumping and countervailing duty orders have been in place on Chinese imports of mobile access equipment since December 2021 and April 2022, respectively. These orders followed findings that mobile access machines exported from China were being sold in the U.S. at unreasonably low prices.
The Department of Commerce’s International Trade Administration issued the antidumping duty order on certain mobile access equipment from China in April 2022. The order covers scissor arm assemblies, boom assemblies, chassis assemblies and boom turntable assemblies.
Commerce found that the industry was threatened “with material injury by reason of imports of mobile access equipment from China.”
As such, Commerce directed CBP to access antidumping duties equal to the amount by which the equipment’s normal value exceeds the equipment’s export price (or constructed export price) for all relevant entries of mobile access equipment from China.