Certain Steel Wheels From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 44573-44575 [2018-18974]
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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices
Dated: August 28, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2018–19094 Filed 8–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–083]
Certain Steel Wheels From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain steel wheels from the People’s
Republic of China (China) for the period
of investigation January 1, 2017, through
December 31, 2017. We invite interested
parties to comment on this preliminary
determination.
DATES: Applicable August 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang or Myrna Lobo, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–5484 or
202–482–2371, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
daltland on DSKBBV9HB2PROD with NOTICES
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 16, 2018.1 On June 6, 2018,
Commerce postponed the deadline for
the preliminary determination of the
investigation to the full 130 days
permitted under section 703(c)(1)(A) of
the Act and 19 CFR 351.205(b)(2), and
the revised deadline is now August 24,
2018.2
For a complete description of the
events that followed the initiation of
1 See
Certain Steel Wheels from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 83 FR 17794 (April 24, 2018)
(Initiation Notice).
2 See Certain Steel Wheels from the People’s
Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 83 FR 26257 (June 6, 2018).
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Jkt 244001
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are certain steel wheels
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations, we set aside a
period of time in our Initiation Notice
for parties to raise issues regarding
product coverage and encouraged all
parties to submit comments within 20
calendar days of publication of that
notice.4 No parties commented on the
scope of this investigation.
Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
and based on the petitioners’ request,5
we are aligning the final CVD
determination in this investigation with
the final determination in the
companion AD investigation of certain
steel wheels from China. Consequently,
the final CVD determination will be
issued on the same date as the final AD
determination, which is currently
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Certain Steel
Wheels from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also Initiation Notice.
5 See Letter from the petitioners, ‘‘Certain Steel
Wheels from China (C–570–083)—Petitioner’s
Request for Alignment of Countervailing Duty
Investigation Final Determination Deadline with
Antidumping Investigation Final Determination
Deadline,’’ dated August 8, 2018.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
44573
scheduled to be due no later than
January 7, 2019, unless postponed.6
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit on the recipient, and
that the subsidy is specific.7 For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Preliminary Determination and
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i)(I) of the Act, Commerce
established rates for Xiamen Sunrise
Wheel Group Co., Ltd. (Xiamen
Sunrise), Xiamen Sunrise Wheel Co.,
Ltd. (Sunrise Wheel), Xiamen Sunrise
Metal Co., Ltd. (Sunrise Metal), Xiamen
Topu Import & Export Co., Ltd. (Topu),
and Sichuan Sunrise Metal Industry Co.,
Ltd. (Sichuan Sunrise) (collectively,
Xiamen Sunrise), and applied a rate
based on adverse facts available to
Zhejiang Jingu Company Limited and
Shanghai Yata Industry Company
Limited (collectively, Zhejiang Jingu).
In accordance with sections
705(d)(1)(A) and 705(c)(5)(A) of the Act,
for companies not individually
investigated, Commerce applies an ‘‘allothers’’ rate. The all-others rate is
normally calculated by weight averaging
the subsidy rates of the individual
companies selected for individual
examination with those companies’
export sales of the subject merchandise
to the United States, excluding any zero
and de minimis rates calculated for the
6 See Steel Wheels From the People’s Republic of
China: Postponement of Preliminary Determination
in the Less-Than-Fair-Value Investigation, 82 FR
42110 (August 20, 2018).
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See sections 776(a) and (b) of the Act.
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44574
Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
Subsidy
Producer/exporter
rate
and (3) a table of authorities.
(percent)
Pursuant to 19 CFR 351.310(c),
Xiamen Sunrise Wheel Group
interested parties who wish to request a
Co., Ltd.9 .................................
58.75 hearing, limited to issues raised in the
Zhejiang Jingu Company Limcase and rebuttal briefs, must submit a
ited 10 .......................................
172.51
written request to the Assistant
All-Others ....................................
58.75
Secretary for Enforcement and
Compliance, U.S. Department of
In accordance with section
Commerce within 30 days after the date
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and of publication of this notice. Requests
should contain the party’s name,
Border Protection (CBP) to suspend
address, and telephone number, the
liquidation of entries of subject
merchandise as described in the scope
number of participants, whether any
of the investigation that were entered, or participant is a foreign national, and a
withdrawn from warehouse, for
list of the issues to be discussed. If a
consumption on or after the date of
request for a hearing is made, Commerce
publication of this notice in the Federal intends to hold the hearing at the U.S.
Register. Furthermore, pursuant to 19
Department of Commerce, 1401
CFR 351.205(d), Commerce will instruct Constitution Avenue NW, Washington,
CBP to require a cash deposit equal to
DC 20230, at a time and date to be
the rates indicated above.
determined. Parties should confirm by
telephone the date, time, and location of
Disclosure
the hearing two days before the
Commerce intends to disclose its
scheduled date.
calculations and analysis to interested
Parties are reminded that briefs and
parties in this preliminary
determination within five days of its
hearing requests are to be filed
public announcement, or if there is no
electronically using ACCESS and that
public announcement, within five days
electronically filed documents must be
of the date of this notice in accordance
received successfully in their entirety by
with 19 CFR 351.224(b).
5 p.m. Eastern Time on the due date.
Verification
International Trade Commission
As provided in section 782(i)(1) of the Notification
Act, Commerce intends to verify the
In accordance with section 703(f) of
information relied upon in making its
the
Act, Commerce will notify the
final determination.
International Trade Commission (ITC) of
Public Comment
its determination. If Commerce’s final
Case briefs or other written comments determination is affirmative, the ITC
may be submitted to the Assistant
will make its final determination before
the later of 120 days after the date of this
9 As discussed in the Preliminary Decision
preliminary determination or 45 days
Memorandum, Commerce has found the following
after Commerce’s final determination.
companies to be cross-owned with Xiamen Sunrise:
daltland on DSKBBV9HB2PROD with NOTICES
exporters and producers individually
investigated, and any rates determined
entirely under section 776 of the Act.
In this investigation, the only rates
that are not zero or de minimis or based
entirely on the facts available is the rate
calculated for Xiamen Sunrise.
Consequently, we are assigning the rate
calculated for Xiamen Sunrise as the
‘‘all-others’’ rate.
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Sunrise Wheel, Sunrise Metal, Topu, and Sichuan
Sunrise.
10 As discussed in the Preliminary Decision
Memorandum, as an extension of our application of
adverse facts available with respect to Zhejiang
Jingu, Commerce has assigned Zhejiang Jingu’s rate
to each of the entities named as cross-owned in its
affiliation questionnaire response: Shanghai Yata
Industry Company Limited; Shangdong Jingu Auto
Parts Co., Ltd.; Chengdu Jingu Wheel Co., Ltd.; and
An’Gang Jingu (Hangzhou) Metal Materials Co., Ltd.
VerDate Sep<11>2014
18:42 Aug 30, 2018
Jkt 244001
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Dated: August 24, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this
investigation is certain on-the-road steel
wheels, discs, and rims for tubeless tires,
with a nominal rim diameter of 22.5 inches
and 24.5 inches, regardless of width. Certain
on-the-road steel wheels with a nominal
wheel diameter of 22.5 inches and 24.5
inches are generally for Class 6, 7, and 8
commercial vehicles (as classified by the
Federal Highway Administration Gross
Vehicle Weight Rating system), including
tractors, semi-trailers, dump trucks, garbage
trucks, concrete mixers, and buses, and are
the current standard wheel diameters for
such applications. The standard widths of
certain on-the-road steel wheels are 7.5
inches, 8.25 inches, and 9.0 inches, but all
certain on-the-road steel wheels, regardless of
width, are covered by the scope. While 22.5
inches and 24.5 inches are standard wheel
sizes used by Class 6, 7, and 8 commercial
vehicles, the scope covers sizes that may be
adopted in the future for Class 6, 7, and 8
commercial vehicles.
The scope includes certain on-the-road
steel wheels with either a ‘‘hub-piloted’’ or
‘‘stud- piloted’’ mounting configuration, and
includes rims and discs for such wheels,
whether imported as an assembly or
separately. The scope includes certain onthe-road steel wheels, discs, and rims, of
carbon and/or alloy steel composition,
whether cladded or not cladded, whether
finished or not finished, and whether coated
or uncoated. All on-the-road wheels sold in
the United States are subject to the
requirements of the National Highway Traffic
Safety Administration and bear markings,
such as the ‘‘DOT’’ symbol, indicating
compliance with applicable motor vehicle
standards. See 49 CFR 571.120. The scope
includes certain on- the-road steel wheels
imported with or without the required
markings. Certain on-the-road steel wheels
imported as an assembly with a tire mounted
on the wheel and/or with a valve stem
attached are included. However, if the certain
on-the-road steel wheel is imported as an
assembly with a tire mounted on the wheel
and/or with a valve stem attached, the certain
on- the-road steel wheel is covered by the
scope, but the tire and/or valve stem is not
covered by the scope.
Excluded from the scope are:
(1) Steel wheels for tube-type tires that
require a removable side ring;
(2) aluminum wheels;
(3) wheels where steel represents less than
fifty percent of the product by weight; and
(4) steel wheels that do not meet National
Highway Traffic Safety Administration
requirements, other than the rim marking
requirements found in 49 CFR 571.120S5.2.
Imports of the subject merchandise are
currently classified under the following
E:\FR\FM\31AUN1.SGM
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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 8708.70.4530,
8708.70.4560, 8708.70.6030, 8708.70.6060,
8716.90.5045, and 8716.90.5059.
Merchandise meeting the scope description
may also enter under the following HTSUS
subheadings: 4011.20.1015, 4011.20.5020,
and 8708.99.4850. While HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the subject merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Alignment
V. Respondent Selection
VI. Injury Test
VII. Application of the CVD Law to Imports
from China
VIII. Diversification of China’s Economy
IX. Subsidies Valuation
X. Benchmarks
XI. Use of Facts Otherwise Available and
Adverse Inferences
XII. Analysis of Programs
XIII. Calculation of the All-Others Rate
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Recommendation
Appendix
[FR Doc. 2018–18974 Filed 8–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG443
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Groundfish Committee to consider
actions affecting New England fisheries
in the exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Tuesday, September 18, 2018 at 1:30
p.m.
ADDRESSES:
Meeting address: The meeting will be
held at the Four Points by Sheraton,
One Audubon Road, Wakefield, MA
01880; phone: (781) 245–9300.
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:42 Aug 30, 2018
Jkt 244001
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
44575
Dated: August 28, 2018.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
[FR Doc. 2018–18976 Filed 8–30–18; 8:45 am]
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
Agenda
National Oceanic and Atmospheric
Administration
The committee will discuss
Framework Adjustment 58:
Specifications/Management Measures
specifically draft alternatives and
analysis including: (1) Rebuilding plan
options for several groundfish stocks, (2)
2019 total allowable catches for U.S./
Canada stocks of Eastern Georges Bank
(GB) cod, Eastern GB haddock, and GB
yellowtail flounder, (3) minimum size
exemptions for vessels fishing in
Northwest Atlantic Fisheries
Organization waters, and (4) guidance
on sector overages. They also plan to
discuss Amendment 23, Groundfish
Monitoring and receive an update on
the development of the draft alternatives
and analysis. The committee will review
the Council’s Groundfish Priorities for
2019 and discuss a draft list of possible
groundfish priorities for 2019 and make
recommendations to the Council.
Review Groundfish Plan Development
Team, Groundfish Advisory Panel, and
Transboundary Management Guidance
Committee recommendations and make
recommendations to the Council. Other
business will be discussed as necessary.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during these meetings. Action
will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. This meeting will be
recorded. Consistent with 16 U.S.C.
1852, a copy of the recording is
available upon request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the date.
Authority: 16 U.S.C. 1801 et seq.
PO 00000
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BILLING CODE 3510–22–P
RIN 0648–XG452
South Atlantic Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of scoping meetings.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a series of scoping meetings
pertaining to Amendment 47 to the
Snapper Grouper Fishery Management
Plan of the South Atlantic Region
addressing modifications to the South
Atlantic Charter/Headboat for SnapperGrouper permit.
DATES: The series of scoping meetings
will be held from October 1 through
November 1, 2018. All meetings will
begin at 6 p.m.
ADDRESSES: See SUPPLEMENTARY
INFORMATION for specific dates and
times.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: Public
scoping comments are being solicited
for measures proposed in draft
Amendment 47 to the Snapper Grouper
Fishery Management Plan of the South
Atlantic Region addressing
modifications to the federal South
Atlantic Charter/Headboat for SnapperGrouper permit (for-hire permit). Public
scoping occurs early in the amendment
development process and the Council is
soliciting input on proposed options
that include a moratorium on for-hire
permits, options for the start date of a
moratorium, exceptions for eligibility,
transferability of for-hire permits,
options to allow new entrants,
establishing a for-hire permits pool,
creating multiple for-hire permit types,
and implementing a time limit or sunset
SUMMARY:
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Agencies
[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44573-44575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18974]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-083]
Certain Steel Wheels From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of certain steel wheels from the People's Republic of China
(China) for the period of investigation January 1, 2017, through
December 31, 2017. We invite interested parties to comment on this
preliminary determination.
DATES: Applicable August 31, 2018.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Myrna Lobo, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-5484 or 202-482-2371,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 16,
2018.\1\ On June 6, 2018, Commerce postponed the deadline for the
preliminary determination of the investigation to the full 130 days
permitted under section 703(c)(1)(A) of the Act and 19 CFR
351.205(b)(2), and the revised deadline is now August 24, 2018.\2\
---------------------------------------------------------------------------
\1\ See Certain Steel Wheels from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 83 FR 17794
(April 24, 2018) (Initiation Notice).
\2\ See Certain Steel Wheels from the People's Republic of
China: Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 83 FR 26257 (June 6, 2018).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Certain
Steel Wheels from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain steel wheels
from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations, we set
aside a period of time in our Initiation Notice for parties to raise
issues regarding product coverage and encouraged all parties to submit
comments within 20 calendar days of publication of that notice.\4\ No
parties commented on the scope of this investigation.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also Initiation
Notice.
---------------------------------------------------------------------------
Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), and based on the petitioners' request,\5\ we are
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of certain steel
wheels from China. Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be due no later than January 7, 2019, unless
postponed.\6\
---------------------------------------------------------------------------
\5\ See Letter from the petitioners, ``Certain Steel Wheels from
China (C-570-083)--Petitioner's Request for Alignment of
Countervailing Duty Investigation Final Determination Deadline with
Antidumping Investigation Final Determination Deadline,'' dated
August 8, 2018.
\6\ See Steel Wheels From the People's Republic of China:
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 82 FR 42110 (August 20, 2018).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that
confers a benefit on the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that one or more respondents
did not act to the best of their ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i)(I) of the Act, Commerce
established rates for Xiamen Sunrise Wheel Group Co., Ltd. (Xiamen
Sunrise), Xiamen Sunrise Wheel Co., Ltd. (Sunrise Wheel), Xiamen
Sunrise Metal Co., Ltd. (Sunrise Metal), Xiamen Topu Import & Export
Co., Ltd. (Topu), and Sichuan Sunrise Metal Industry Co., Ltd. (Sichuan
Sunrise) (collectively, Xiamen Sunrise), and applied a rate based on
adverse facts available to Zhejiang Jingu Company Limited and Shanghai
Yata Industry Company Limited (collectively, Zhejiang Jingu).
In accordance with sections 705(d)(1)(A) and 705(c)(5)(A) of the
Act, for companies not individually investigated, Commerce applies an
``all-others'' rate. The all-others rate is normally calculated by
weight averaging the subsidy rates of the individual companies selected
for individual examination with those companies' export sales of the
subject merchandise to the United States, excluding any zero and de
minimis rates calculated for the
[[Page 44574]]
exporters and producers individually investigated, and any rates
determined entirely under section 776 of the Act.
In this investigation, the only rates that are not zero or de
minimis or based entirely on the facts available is the rate calculated
for Xiamen Sunrise. Consequently, we are assigning the rate calculated
for Xiamen Sunrise as the ``all-others'' rate.
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Producer/exporter rate
(percent)
------------------------------------------------------------------------
Xiamen Sunrise Wheel Group Co., Ltd.\9\..................... 58.75
Zhejiang Jingu Company Limited \10\......................... 172.51
All-Others.................................................. 58.75
------------------------------------------------------------------------
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation that were entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Furthermore, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the rates indicated above.
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Xiamen Sunrise: Sunrise Wheel, Sunrise Metal, Topu, and Sichuan
Sunrise.
\10\ As discussed in the Preliminary Decision Memorandum, as an
extension of our application of adverse facts available with respect
to Zhejiang Jingu, Commerce has assigned Zhejiang Jingu's rate to
each of the entities named as cross-owned in its affiliation
questionnaire response: Shanghai Yata Industry Company Limited;
Shangdong Jingu Auto Parts Co., Ltd.; Chengdu Jingu Wheel Co., Ltd.;
and An'Gang Jingu (Hangzhou) Metal Materials Co., Ltd.
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Disclosure
Commerce intends to disclose its calculations and analysis to
interested parties in this preliminary determination within five days
of its public announcement, or if there is no public announcement,
within five days of the date of this notice in accordance with 19 CFR
351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If
Commerce's final determination is affirmative, the ITC will make its
final determination before the later of 120 days after the date of this
preliminary determination or 45 days after Commerce's final
determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 24, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation is certain on-the-
road steel wheels, discs, and rims for tubeless tires, with a
nominal rim diameter of 22.5 inches and 24.5 inches, regardless of
width. Certain on-the-road steel wheels with a nominal wheel
diameter of 22.5 inches and 24.5 inches are generally for Class 6,
7, and 8 commercial vehicles (as classified by the Federal Highway
Administration Gross Vehicle Weight Rating system), including
tractors, semi-trailers, dump trucks, garbage trucks, concrete
mixers, and buses, and are the current standard wheel diameters for
such applications. The standard widths of certain on-the-road steel
wheels are 7.5 inches, 8.25 inches, and 9.0 inches, but all certain
on-the-road steel wheels, regardless of width, are covered by the
scope. While 22.5 inches and 24.5 inches are standard wheel sizes
used by Class 6, 7, and 8 commercial vehicles, the scope covers
sizes that may be adopted in the future for Class 6, 7, and 8
commercial vehicles.
The scope includes certain on-the-road steel wheels with either
a ``hub-piloted'' or ``stud- piloted'' mounting configuration, and
includes rims and discs for such wheels, whether imported as an
assembly or separately. The scope includes certain on-the-road steel
wheels, discs, and rims, of carbon and/or alloy steel composition,
whether cladded or not cladded, whether finished or not finished,
and whether coated or uncoated. All on-the-road wheels sold in the
United States are subject to the requirements of the National
Highway Traffic Safety Administration and bear markings, such as the
``DOT'' symbol, indicating compliance with applicable motor vehicle
standards. See 49 CFR 571.120. The scope includes certain on- the-
road steel wheels imported with or without the required markings.
Certain on-the-road steel wheels imported as an assembly with a tire
mounted on the wheel and/or with a valve stem attached are included.
However, if the certain on-the-road steel wheel is imported as an
assembly with a tire mounted on the wheel and/or with a valve stem
attached, the certain on- the-road steel wheel is covered by the
scope, but the tire and/or valve stem is not covered by the scope.
Excluded from the scope are:
(1) Steel wheels for tube-type tires that require a removable
side ring;
(2) aluminum wheels;
(3) wheels where steel represents less than fifty percent of the
product by weight; and
(4) steel wheels that do not meet National Highway Traffic
Safety Administration requirements, other than the rim marking
requirements found in 49 CFR 571.120S5.2.
Imports of the subject merchandise are currently classified
under the following
[[Page 44575]]
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
8708.70.4530, 8708.70.4560, 8708.70.6030, 8708.70.6060,
8716.90.5045, and 8716.90.5059. Merchandise meeting the scope
description may also enter under the following HTSUS subheadings:
4011.20.1015, 4011.20.5020, and 8708.99.4850. While HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Alignment
V. Respondent Selection
VI. Injury Test
VII. Application of the CVD Law to Imports from China
VIII. Diversification of China's Economy
IX. Subsidies Valuation
X. Benchmarks
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
XIII. Calculation of the All-Others Rate
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Recommendation
Appendix
[FR Doc. 2018-18974 Filed 8-30-18; 8:45 am]
BILLING CODE 3510-DS-P