Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 45095-45100 [2018-19206]
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Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices
retroactively to the effective date of the
first entry by HEES.5
On July 6, 2018, Hyundai submitted
comments regarding the Preliminary
Results.6 On July 13, 2018, ABB
submitted its rebuttal brief.7
Scope of the Order
The scope of this Order covers large
liquid dielectric power transformers
having a top power handling capacity
greater than or equal to 60,000 kilovolt
amperes (60 megavolt amperes),
whether assembled or unassembled,
complete or incomplete.
Incomplete LPTs are subassemblies
consisting of the active part and any
other parts attached to, imported with or
invoiced with the active parts of LPTs.
The ‘‘active part’’ of the transformer
consists of one or more of the following
when attached to or otherwise
assembled with one another: The steel
core or shell, the windings, electrical
insulation between the windings, the
mechanical frame for an LPT.
The product definition encompasses
all such LPTs regardless of name
designation, including but not limited to
step-up transformers, step-down
transformers, autotransformers,
interconnection transformers, voltage
regulator transformers, rectifier
transformers, and power rectifier
transformers.
The LPTs subject to this Order are
currently classifiable under subheadings
8504.23.0040, 8504.23.0080, and
8504.90.9540 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this Order is dispositive.
Analysis of Comments Received
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The issue raised in the case and
rebuttal briefs by parties to this CCR is
addressed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.8 A list of the topics
5 See Large Power Transformers from the
Republic of Korea: Notice of Preliminary Results of
Antidumping Duty Changed Circumstances Review,
83 FR 24973 (May 31, 2018) (Preliminary Results)
and the accompanying Preliminary Decision
Memorandum.
6 HHI and HEES are collectively referred to as
Hyundai. See Letter from Hyundai to Commerce,
‘‘Large Power Transformers from Korea: Hyundai’s
Case Brief,’’ dated July 6, 2018.
7 See Letter from the petitioner to Commerce,
‘‘Large Power Transformers from the Republic of
Korea: Petitioner’s Rebuttal Brief,’’ dated July 13,
2018.
8 See Memorandum to 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, ‘‘Final
Results of Changed Circumstances Review
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discussed in the Issues and Decision
Memorandum is attached to this notice
as an Appendix. The Issues and
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 it 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 Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Results of Changed
Circumstances Review
Based on the record evidence and our
analysis of the comments received,
Commerce continues to find that
applying HHI’s current cash deposit rate
of 60.81 percent retroactively to the
effective date of the first entry of HEES,
HHI’s successor-in-interest, is
warranted.9
Instructions to U.S. Customs and
Border Protection
As a result of this determination,
Commerce will instruct CBP to collect
estimated antidumping duties for all
shipments of the subject merchandise
produced and/or exported by HEES and
entered, or withdrawn from warehouse,
for consumption on or after the date of
the first entry made by HEES at the
60.81 percent rate established in the
2014–2015 and 2015–2016 antidumping
duty administrative reviews. This cash
deposit requirement shall remain in
effect until further notice.
Notification to Interested Parties
This notice serves as a reminder to
parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
Regarding Successor-In-Interest Analysis: Large
Power Transformers from the Republic of Korea,’’
dated concurrently with this notice (Issues and
Decision Memorandum).
9 See Issues and Decision Memorandum.
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We are issuing and publishing this
final results notice in accordance with
sections 751(b) and 777(i) of the Act,
and 19 CFR 351.216, 351.221(b)(5), and
351.221(c)(3).
Dated: August 28, 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
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Interested Party Comments
Comment: Whether Retroactive
Application of a Cash Deposit Rate to a
Successor-in-Interest Is Permitted by
Law and Consistent With Commerce’s
Practice
V. Recommendation
[FR Doc. 2018–19210 Filed 9–4–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–090]
Certain Steel Wheels 12 to 16.5 Inches
in Diameter From the People’s
Republic of China: Initiation of LessThan-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Applicable August 28, 2018.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Jonathan Cornfield at (202)
482–4474 or (202) 482–3855,
respectively; AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
DATES:
The Petition
On August 8, 2018, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
Petition concerning imports of certain
steel wheels 12 to 16.5 inches in
diameter (certain steel wheels) from the
People’s Republic of China (China),
filed in proper form on behalf of Dexstar
Wheel, a division of Americana
Development, Inc. (the petitioner),
which is a domestic producer of certain
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steel wheels.1 The AD Petition was
accompanied by a countervailing duty
(CVD) Petition concerning imports of
certain steel wheels from China.
On August 10, 2018, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition in two separate supplemental
questionnaires, one dealing with general
issues with the Petition and the other
with issues related to Volume II of the
Petition (i.e., the AD allegation).2
The petitioner filed its responses to
the supplemental questionnaires on
August 14 and August 15, 2018.3 On
August 17, 2018, we spoke with the
counsel to the petitioner regarding the
scope language and its August 14 and
August 15, 2018, submissions,
requesting further clarification to certain
responses.4 On August 20, 2018, the
petitioner responded to Commerce’s
August 17 request for supplemental
information, including further
clarification of the scope language.5 On
August 28, 2018, we again spoke with
counsel to the petitioner, notifying
counsel of a change to the index used
to adjust the labor rate in the margin
calculation.6
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of certain steel wheels from China are
1 See the petitioner’s letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Steel Wheels 12–16.5
Inches in Diameter from the People’s Republic of
China,’’ dated August 8, 2018 (the Petition).
2 See Commerce’s letters, both titled, ‘‘Petitions
for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Steel
Wheels 12 to 16.5 Inches in Diameter from the
People’s Republic of China: Supplemental
Questions,’’ both dated August 10, 2018 (AD
Supplemental Questionnaire and General Issues
Supplemental Questionnaire).
3 See the petitioner’s letters, ‘‘Petitioner’s
Response to the Department of Commerce’s August
10, 2018 Supplemental Questions, regarding the
Petition for the Imposition of Antidumping Duties
on Imports of Certain Steel Wheels 12 to 16.5
Inches in Diameter from the People’s Republic of
China,’’ dated August 14, 2018 (AD Supplement),
and ‘‘Petitioner’s Response to the Department of
Commerce’s August 10, 2018 General Issues
Questionnaire Regarding the Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Steel Wheels 12 to 16.5
Inches in Diameter from the People’s Republic of
China,’’ dated August 15, 2018 (General Issues
Supplement).
4 See memorandum to the file, ‘‘Phone Call with
Counsel to the Petitioner,’’ dated August 17, 2018.
5 See the petitioner’s letter, ‘‘Petitioner’s
Response to the Department of Commerce’s August
17, 2018 Additional Questions Regarding the
Petitions for the Imposition of antidumping and
Countervailing Duties on Imports of Certain Steel
Wheels 12 to 16.5 Inches in Diameter from the
People’s Republic of China,’’ dated August 20, 2018
(Second General Issues and AD Supplement).
6 See memorandum to the file, ‘‘Phone Call with
Counsel to the Petitioner: Valuation of Labor,’’
dated August 28, 2018.
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being, or are likely to be, sold in the
United States at less-than-fair-value
(LTFV) within the meaning of section
731 of the Act, and that such imports
are materially injuring, or threatening
material injury to, the domestic industry
producing certain steel wheels in the
United States. Consistent with section
732(b)(1) of the Act, the Petition is
accompanied by information reasonably
available to the petitioner supporting its
allegation.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested AD investigation.7
Period of Investigation
Because China is a non-market
economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of
investigation (POI) is January 1, 2018,
through June 30, 2018.
Scope of the Investigation
The product covered by this
investigation is certain steel wheels 12
to 16.5 inches in diameter from China.
For a full description of the scope of this
investigation, see the Appendix to this
notice.
Scope Comments
During our review of the Petition,
Commerce contacted the petitioner
regarding the proposed scope language
to ensure that the scope language in the
Petition is an accurate reflection of the
products for which the domestic
industry is seeking relief.8 As a result of
the petitioner’s submissions, the scope
of the Petition was modified to clarify
the description of merchandise covered
by the Petition. The description of the
merchandise covered by this initiation,
as described in the Appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).9 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
7 See the ‘‘Determination of Industry Support for
the Petition’’ section, infra.
8 See General Issues Supplement, at 2–5 and
Exhibit SGQ–2 (Revised Scope); see also Second
General Issues and AD Supplement, at 1–2 and
Exhibit SQR2–1 (Revised Scope).
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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determination. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope comments by 5:00
p.m. Eastern Time (ET) on September
17, 2018, which is 20 calendar days
from the signature date of this notice.
Any rebuttal comments, which may
include factual information, must be
filed by 5:00 p.m. ET on September 27,
which is 10 calendar days from the
initial comments deadline.11
Commerce requests that any factual
information parties consider relevant to
the scope of the investigation be
submitted during this period. However,
if a party subsequently finds that
additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).12
An electronically filed document must
be received successfully in its entirety
by the time and date it is due.
Documents exempted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Comments on Product Characteristics
for AD Questionnaire
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of certain steel wheels to be reported in
response to Commerce’s AD
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See 19 CFR 351.303(b).
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook%20on%20
Electronic%20Filling%20Procedures.pdf.
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questionnaire. This information will be
used to identify the key physical
characteristics of the merchandise under
consideration in order to report the
relevant factors of production
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, all
product characteristics comments must
be filed by 5:00 p.m. ET on September
17, 2018, which is 20 calendar days
from the signature date of this notice.13
Any rebuttal comments must be filed by
5:00 p.m. ET on September 27, 2018. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of the China LTFV
investigation.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
13 See
19 CFR 351.303(b).
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like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,14 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.15
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.16 Based on our analysis of
the information submitted on the
record, we have determined that certain
steel wheels, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.17
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
14 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
16 See Volume I of the Petition, at I–6 through I–
8.
17 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see memorandum,
‘‘Antidumping Duty Investigation Initiation
Checklist: Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China’’
(China AD Initiation Checklist), at Attachment II,
(Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Certain
Steel Wheels 12 to 16.5 Inches in Diameter from the
People’s Republic of China). This checklist is dated
concurrently with this notice and on file
electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central
Records Unit, Room B8024 of the main Department
of Commerce building.
15 See
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45097
in 2017.18 In addition, the petitioner
provided a letter of support from
American Wheel Corporation, stating
that the company supports the Petition
and providing its own production of the
domestic like product in 2017.19 The
petitioner identifies itself and American
Wheel Corporation as the only
companies constituting the U.S. certain
steel wheels industry and states that
there are no other known producers of
certain steel wheels in the United
States; therefore, the Petition is
supported by 100 percent of the U.S.
industry.20
Our review of the data provided in the
Petition, the General Issues Supplement,
and other information readily available
to Commerce indicates that the
petitioner has established industry
support for the Petition.21 First, the
Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).22 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.23 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.24 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because it is an
interested party as defined in section
771(9)(C) of the Act, and it has
demonstrated sufficient industry
support with respect to the AD
18 See Volume I of the Petition, at I–9, I–31 and
Exhibit I–11.
19 See Volume I of the Petition, at I–9 and Exhibit
I–2.
20 Id. at I–2, I–9 and Exhibit I–1; see also General
Issues Supplement, at SGQ–5 and Exhibit SGQ–5.
21 Id.
22 Id.; see also section 732(c)(4)(D) of the Act.
23 See China AD Initiation Checklist, at
Attachment II.
24 Id.
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investigation that it is requesting that
Commerce initiate.25
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (NV). In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.26
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
price depression or suppression; lost
sales and lost revenues; decline in
production, U.S. shipments, and
capacity utilization; decline in
production-related workers and hours
worked; decline in capital expenditures;
and negative impact on financial
performance.27 We have assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, and causation, and we
have determined that these allegations
are properly supported by adequate
evidence, and meet the statutory
requirements for initiation.28
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
an AD investigation of imports of
certain steel wheels from China. The
sources of data for the deductions and
adjustments relating to U.S. price and
NV are discussed in greater detail in the
China AD Initiation Checklist.
Export Price
The petitioner based U.S. export price
(EP) on price lists for certain steel
wheels offered for export to the United
States by a Chinese producer and
exporter of certain steel wheels.29 The
petitioner made deductions from U.S.
price for movement expenses, consistent
with the terms of sale.30
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25 Id.
26 See Volume I of the Petition, at I–19 through
I–21 and Exhibit I–8.
27 Id. at I–15 through I–42 and Exhibits I–2, I–6,
I–8, I–10, I–11, I–14 through I–16; see also General
Issues Supplement, at SGQ–5, SGQ–6 and Exhibit
SGQ–6.
28 See China AD Initiation Checklist at
Attachment III (Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China).
29 See China AD Initiation Checklist.
30 Id.
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Normal Value
Commerce considers China to be an
NME country.31 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
this investigation. Accordingly, NV in
China is appropriately based on factors
of production (FOPs) valued in a
surrogate market economy country, in
accordance with section 773(c) of the
Act.32
The petitioner claims that Romania is
an appropriate surrogate country for
China because it is a market economy
country that is at a level of economic
development comparable to that of
China and it is a significant producer of
comparable merchandise.33 The
petitioner provided publicly available
information from Romania to value all
FOPs.34 Therefore, based on the
information provided by the petitioner,
we determine that it is appropriate to
use Romania as the primary surrogate
country for initiation purposes.35
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Based on its assertion that
information regarding the FOPs and
volume of inputs consumed by Chinese
producers/exporters of certain steel
wheels was not reasonably available to
the petitioner, the petitioner used its
own consumption rates to estimate the
Chinese manufacturers’ FOPs.36 The
petitioner stated that consumption rates
31 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017) (citing Memorandum to Gary
Taverman, ‘‘China’s Status as a Non-Market
Economy,’’ dated October 26, 2017), unchanged in
Certain Aluminum Foil from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018).
32 See China AD Initiation Checklist.
33 See AD Supplement at 3–4 and Exhibit S–II–
4(B).
34 See Volume II of the Petition at 10 and Exhibit
II–9; see also AD Supplement at Exhibits S–II–2, S–
II–3(B), and S–II–7; and Second General Issues and
AD Supplement at Exhibits SQR2–2 through SQR2–
6.
35 See China AD Initiation Checklist.
36 See Volume II of the Petition at 13 and Exhibit
II–5(A).
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for the Chinese FOPs are similar to
those experienced by the petitioner, and
as such, the petitioner used its own
inputs and consumption rates to
estimate the Chinese manufacturers’
FOPs.37 In addition, the petitioner
valued the estimated FOPs using
surrogate values from Romania,38 and
used the average POI exchange rate to
convert surrogate values expressed in
euros to U.S. dollars.39
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of certain steel wheels from
China are being, or are likely to be, sold
in the United States at LTFV. Based on
comparisons of EP to NV in accordance
with sections 772 and 773 of the Act,
the estimated dumping margins for
certain steel wheels from China are
30.48–44.35 percent.40
Initiation of LTFV Investigation
Based upon the examination of the
Petition, we find that the Petition meets
the requirements of section 732 of the
Act. Therefore, we are initiating an AD
investigation to determine whether
imports of certain steel wheels from
China are being, or are likely to be, sold
in the United States at LTFV. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
140 days after the date of this initiation.
Respondent Selection
The petitioner named 36 producers/
exporters as accounting for the majority
of exports of certain steel wheels to the
United States from China.41 In
accordance with our standard practice
for respondent selection in AD cases
involving NME countries, we intend to
issue quantity and value (Q&V)
questionnaires to producers/exporters of
merchandise subject to this
investigation. In the event Commerce
determines that it cannot individually
examine each company, where
appropriate, Commerce intends to select
mandatory respondents based on the
responses received to its Q&V
questionnaire. Commerce will request
Q&V information from known exporters
37 Id.
38 Id. at Exhibit II–9; see also AD Supplement at
Exhibits II–2, II–3(B) and S–II–7; see also Second
General Issues and AD Supplement at Exhibits
SQR2–2 through SQR2–6.
39 See Volume II of the Petition at Exhibit II–9.
40 See Second General Issues and AD Supplement
at Exhibit SQR2–7; see also China AD Initiation
Checklist at Attachment V.
41 See Volume I of the Petition at Exhibit I–6; see
also General Issues Supplement, at SGQ–1 and
Exhibit SGQ–1.
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and producers identified with complete
contact information in the Petition. In
addition, Commerce will post the Q&V
questionnaires along with filing
instructions on Enforcement and
Compliance’s website at https://
www.trade.gov/enforcement/news.asp.
Producers/exporters of certain steel
wheels from China that do not receive
Q&V questionnaires by mail may still
submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Enforcement & Compliance’s website.
The Q&V questionnaire response must
be submitted by the relevant Chinese
exporters/producers no later than 5:00
p.m. ET on September 11, 2018, which
is two weeks from the signature date of
this notice. All Q&V responses must be
filed electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.42 The specific requirements
for submitting a separate-rate
application in this investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice.43 Exporters and producers who
submit a separate-rate application and
have been selected as mandatory
respondents will be eligible for
consideration for separate-rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response to both the Q&V
questionnaire and the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V questionnaire
response will not receive separate-rate
consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
daltland on DSKBBV9HB2PROD with NOTICES
42 See
Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving Non-Market
Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf
(Policy Bulletin 05.1).
43 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME Investigation will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.44
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petition have been provided to
the government of China via ACCESS.
To the extent practicable, we will
attempt to provide a copy of the public
version of the Petition to each exporter
named in the Petition, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
certain steel wheels from China are
materially injuring or threatening
material injury to a U.S. industry.45 A
negative ITC determination will result
in the investigation being terminated.46
Otherwise, the investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). 19 CFR 351.301(b)
44 See
45 See
Policy Bulletin 05.1 at 6 (emphasis added).
section 733(a) of the Act.
46 Id.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
45099
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted 47 and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.48 Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Interested
parties should review the regulations
prior to submitting factual information
in this investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in this
investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.49
Parties must use the certification
formats provided in 19 CFR
47 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
49 See section 782(b) of the Act.
48 See
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351.303(g).50 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in this investigation
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: August 28, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
daltland on DSKBBV9HB2PROD with NOTICES
Appendix
Scope of the Investigation
The scope of this investigation is certain
on-the-road steel wheels, discs, and rims for
tubeless tires with a nominal wheel diameter
of 12 inches to 16.5 inches, regardless of
width. Certain on-the-road steel wheels with
a nominal wheel diameter of 12 inches to
16.5 inches within the scope are generally for
road and highway trailers and other towable
equipment, including, inter alia, utility
trailers, cargo trailers, horse trailers, boat
trailers, recreational trailers, and towable
mobile homes. The standard widths of
certain on-the-road steel wheels are 4 inches,
4.5 inches, 5 inches, 5.5 inches, 6 inches, and
6.5 inches, but all certain on-the-road steel
wheels, regardless of width, are covered by
the scope.
The scope includes rims and discs for
certain on-the-road steel wheels, whether
imported as an assembly, unassembled, or
separately. The scope includes certain onthe-road steel wheels regardless of steel
composition, whether cladded or not
cladded, whether finished or not finished,
and whether coated or uncoated. The scope
also includes certain on-the-road steel wheels
with discs in either a ‘‘hub-piloted’’ or ‘‘studpiloted’’ mounting configuration, though the
stud-piloted configuration is most common
in the size range covered.
All on-the-road wheels sold in the United
States must meet Standard 110 or 120 of the
National Highway Traffic Safety
Administration’s (NHTSA) Federal Motor
Vehicle Safety Standards, which requires a
50 See also Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
VerDate Sep<11>2014
17:04 Sep 04, 2018
Jkt 244001
rim marking, such as the ‘‘DOT’’ symbol,
indicating compliance with applicable motor
vehicle standards. See 49 CFR 571.110 and
571.120. The scope includes certain on-theroad steel wheels imported with or without
NHTSA’s 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 or rims
imported as an assembly with a tire mounted
on the rim and/or with a valve stem are
included in the scope of this investigation.
However, if the steel wheels or rims are
imported as an assembly with a tire mounted
on the wheel or rim and/or with a valve stem
attached, the tire and/or valve stem is not
covered by the scope.
Excluded from this scope are the following:
(1) Steel wheels for use with tube-type
tires; such tires use multi piece rims, which
are two-piece and three-piece assemblies and
require the use of an inner tube;
(2) aluminum wheels;
(3) certain on-the-road steel wheels that are
coated entirely with chrome; and
(4) steel wheels that do not meet Standard
110 or 120 of the NHTSA’s requirements
other than the rim marking requirements
found in 49 CFR 571.110S4.4.2 and
571.120S5.2.
Certain on-the-road steel wheels subject to
this investigation are properly classifiable
under the following category of the
Harmonized Tariff Schedule of the United
States (HTSUS): 8716.90.5035 which covers
the exact product covered by the scope
whether entered as an assembled wheel or in
components. Certain on-the-road steel wheels
entered with a tire mounted on them may be
entered under HTSUS 8716.90.5059 (Trailers
and semi-trailers; other vehicles, not
mechanically propelled, parts, wheels, other,
wheels with other tires) (a category that will
be broader than what is covered by the
scope). While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive.
[FR Doc. 2018–19206 Filed 9–4–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–091]
Certain Steel Wheels 12 to 16.5 Inches
in Diameter From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable August 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes at (202) 482–5139 or
Emily Halle at (202) 482–0176, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
AGENCY:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
The Petition
On August 8, 2018, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
Petition concerning imports of certain
steel wheels 12 to 16.5 inches in
diameter (certain steel wheels) from the
People’s Republic of China (China),
filed in proper form on behalf of Dexstar
Wheel, a division of Americana
Development, Inc. (the petitioner),
which is a domestic producer of certain
steel wheels.1 The CVD Petition was
accompanied by an antidumping duty
(AD) Petition concerning imports of
certain steel wheels from China.
On August 10, 2018, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition in two separate supplemental
questionnaires, one dealing with general
issues with the Petition and the other
with issues related to Volume III of the
Petition (i.e., the CVD allegation).2
The petitioner filed its responses to
the supplemental questionnaires on
August 15, 2018.3 On August 17, 2018,
we spoke with the petitioner regarding
the scope language submitted in its
August 15, 2018, submission.4 On
August 20, 2018, the petitioner filed an
amendment to the scope, further
clarifying the scope language.5
1 See the petitioner’s letter, ‘‘Petitions for the
Imposition of Antidumping Duties and
Countervailing Duties on Imports of Certain Steel
Wheels 12 to 16.5 inches in Diameter from the
People’s Republic of China,’’ dated August 8, 2018
(the Petition).
2 See Commerce’s letters, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Steel Wheels 12 to 16.5 Inches in Diameter
from the People’s Republic of China: Supplemental
Questions’’ (CVD Deficiency Questionnaire), and
‘‘Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Steel
Wheels 12 to 16.5 Inches in Diameter from the
People’s Republic of China: Supplemental
Questions’’ (General Issues Deficiency
Questionnaire), each dated August 10, 2018.
3 See the petitioner’s letters, ‘‘Certain Steel
Wheels 12 To 16.5 inches in Diameter from the
People’s Republic of China (C–570–091):
Petitioners’ Response to Commerce’s August 10,
2018 Supplemental Questionnaire Regarding the
Countervailing Duty Petition’’ (CVD Supplement)
and ‘‘Petitioners’ Response to Commerce’s August
10, 2018 General Issues Questionnaire Regarding
the Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Steel
Wheels from the People’s Republic of China,’’
(General Issues Supplement), each dated August 15,
2018.
4 See memorandum, ‘‘Phone Call with Counsel to
the Petitioner,’’ dated August 17, 2018.
5 See the petitioner’s letter, ‘‘Petitioner’s
Response to the Department of Commerce’s August
17, 2018 Additional Questions Regarding the
Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Steel
Wheels 12 to 16.5 Inches in Diameter from the
People’s Republic of China,’’ dated August 20, 2018
(Second Scope and AD Supplement).
E:\FR\FM\05SEN1.SGM
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Agencies
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45095-45100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19206]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-090]
Certain Steel Wheels 12 to 16.5 Inches in Diameter From the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 28, 2018.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or Jonathan Cornfield at
(202) 482-4474 or (202) 482-3855, respectively; AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petition
On August 8, 2018, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) Petition concerning imports of
certain steel wheels 12 to 16.5 inches in diameter (certain steel
wheels) from the People's Republic of China (China), filed in proper
form on behalf of Dexstar Wheel, a division of Americana Development,
Inc. (the petitioner), which is a domestic producer of certain
[[Page 45096]]
steel wheels.\1\ The AD Petition was accompanied by a countervailing
duty (CVD) Petition concerning imports of certain steel wheels from
China.
---------------------------------------------------------------------------
\1\ See the petitioner's letter, ``Petitions for the Imposition
of Antidumping and Countervailing Duties on Imports of Certain Steel
Wheels 12-16.5 Inches in Diameter from the People's Republic of
China,'' dated August 8, 2018 (the Petition).
---------------------------------------------------------------------------
On August 10, 2018, Commerce requested supplemental information
pertaining to certain aspects of the Petition in two separate
supplemental questionnaires, one dealing with general issues with the
Petition and the other with issues related to Volume II of the Petition
(i.e., the AD allegation).\2\
---------------------------------------------------------------------------
\2\ See Commerce's letters, both titled, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People's
Republic of China: Supplemental Questions,'' both dated August 10,
2018 (AD Supplemental Questionnaire and General Issues Supplemental
Questionnaire).
---------------------------------------------------------------------------
The petitioner filed its responses to the supplemental
questionnaires on August 14 and August 15, 2018.\3\ On August 17, 2018,
we spoke with the counsel to the petitioner regarding the scope
language and its August 14 and August 15, 2018, submissions, requesting
further clarification to certain responses.\4\ On August 20, 2018, the
petitioner responded to Commerce's August 17 request for supplemental
information, including further clarification of the scope language.\5\
On August 28, 2018, we again spoke with counsel to the petitioner,
notifying counsel of a change to the index used to adjust the labor
rate in the margin calculation.\6\
---------------------------------------------------------------------------
\3\ See the petitioner's letters, ``Petitioner's Response to the
Department of Commerce's August 10, 2018 Supplemental Questions,
regarding the Petition for the Imposition of Antidumping Duties on
Imports of Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China,'' dated August 14, 2018 (AD
Supplement), and ``Petitioner's Response to the Department of
Commerce's August 10, 2018 General Issues Questionnaire Regarding
the Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People's Republic of China,'' dated August 15,
2018 (General Issues Supplement).
\4\ See memorandum to the file, ``Phone Call with Counsel to the
Petitioner,'' dated August 17, 2018.
\5\ See the petitioner's letter, ``Petitioner's Response to the
Department of Commerce's August 17, 2018 Additional Questions
Regarding the Petitions for the Imposition of antidumping and
Countervailing Duties on Imports of Certain Steel Wheels 12 to 16.5
Inches in Diameter from the People's Republic of China,'' dated
August 20, 2018 (Second General Issues and AD Supplement).
\6\ See memorandum to the file, ``Phone Call with Counsel to the
Petitioner: Valuation of Labor,'' dated August 28, 2018.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of certain steel
wheels from China are being, or are likely to be, sold in the United
States at less-than-fair-value (LTFV) within the meaning of section 731
of the Act, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing certain
steel wheels in the United States. Consistent with section 732(b)(1) of
the Act, the Petition is accompanied by information reasonably
available to the petitioner supporting its allegation.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested AD investigation.\7\
---------------------------------------------------------------------------
\7\ See the ``Determination of Industry Support for the
Petition'' section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because China is a non-market economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) is January 1,
2018, through June 30, 2018.
Scope of the Investigation
The product covered by this investigation is certain steel wheels
12 to 16.5 inches in diameter from China. For a full description of the
scope of this investigation, see the Appendix to this notice.
Scope Comments
During our review of the Petition, Commerce contacted the
petitioner regarding the proposed scope language to ensure that the
scope language in the Petition is an accurate reflection of the
products for which the domestic industry is seeking relief.\8\ As a
result of the petitioner's submissions, the scope of the Petition was
modified to clarify the description of merchandise covered by the
Petition. The description of the merchandise covered by this
initiation, as described in the Appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\8\ See General Issues Supplement, at 2-5 and Exhibit SGQ-2
(Revised Scope); see also Second General Issues and AD Supplement,
at 1-2 and Exhibit SQR2-1 (Revised Scope).
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on September 17, 2018, which is 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on September 27,
which is 10 calendar days from the initial comments deadline.\11\
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Commerce requests that any factual information parties consider
relevant to the scope of the investigation be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\12\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics for AD Questionnaire
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of certain steel wheels to
be reported in response to Commerce's AD
[[Page 45097]]
questionnaire. This information will be used to identify the key
physical characteristics of the merchandise under consideration in
order to report the relevant factors of production accurately, as well
as to develop appropriate product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
product characteristics comments must be filed by 5:00 p.m. ET on
September 17, 2018, which is 20 calendar days from the signature date
of this notice.\13\ Any rebuttal comments must be filed by 5:00 p.m. ET
on September 27, 2018. All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
the China LTFV investigation.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\16\ Based on our analysis of the information
submitted on the record, we have determined that certain steel wheels,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\17\
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\16\ See Volume I of the Petition, at I-6 through I-8.
\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
memorandum, ``Antidumping Duty Investigation Initiation Checklist:
Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People's
Republic of China'' (China AD Initiation Checklist), at Attachment
II, (Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Certain Steel Wheels 12 to
16.5 Inches in Diameter from the People's Republic of China). This
checklist is dated concurrently with this notice and on file
electronically via ACCESS. Access to documents filed via ACCESS is
also available in the Central Records Unit, Room B8024 of the main
Department of Commerce building.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2017.\18\ In addition,
the petitioner provided a letter of support from American Wheel
Corporation, stating that the company supports the Petition and
providing its own production of the domestic like product in 2017.\19\
The petitioner identifies itself and American Wheel Corporation as the
only companies constituting the U.S. certain steel wheels industry and
states that there are no other known producers of certain steel wheels
in the United States; therefore, the Petition is supported by 100
percent of the U.S. industry.\20\
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\18\ See Volume I of the Petition, at I-9, I-31 and Exhibit I-
11.
\19\ See Volume I of the Petition, at I-9 and Exhibit I-2.
\20\ Id. at I-2, I-9 and Exhibit I-1; see also General Issues
Supplement, at SGQ-5 and Exhibit SGQ-5.
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Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\21\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\22\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\23\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\24\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.
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\21\ Id.
\22\ Id.; see also section 732(c)(4)(D) of the Act.
\23\ See China AD Initiation Checklist, at Attachment II.
\24\ Id.
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Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because it is an interested party as defined in
section 771(9)(C) of the Act, and it has demonstrated sufficient
industry support with respect to the AD
[[Page 45098]]
investigation that it is requesting that Commerce initiate.\25\
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\25\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at less than normal value (NV). In addition, the
petitioner alleges that subject imports exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\26\
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\26\ See Volume I of the Petition, at I-19 through I-21 and
Exhibit I-8.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and lost revenues; decline in production, U.S. shipments,
and capacity utilization; decline in production-related workers and
hours worked; decline in capital expenditures; and negative impact on
financial performance.\27\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\28\
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\27\ Id. at I-15 through I-42 and Exhibits I-2, I-6, I-8, I-10,
I-11, I-14 through I-16; see also General Issues Supplement, at SGQ-
5, SGQ-6 and Exhibit SGQ-6.
\28\ See China AD Initiation Checklist at Attachment III
(Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Steel Wheels 12 to 16.5 Inches in Diameter from the
People's Republic of China).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of imports of certain steel wheels from China. The sources of data for
the deductions and adjustments relating to U.S. price and NV are
discussed in greater detail in the China AD Initiation Checklist.
Export Price
The petitioner based U.S. export price (EP) on price lists for
certain steel wheels offered for export to the United States by a
Chinese producer and exporter of certain steel wheels.\29\ The
petitioner made deductions from U.S. price for movement expenses,
consistent with the terms of sale.\30\
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\29\ See China AD Initiation Checklist.
\30\ Id.
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Normal Value
Commerce considers China to be an NME country.\31\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
China is appropriately based on factors of production (FOPs) valued in
a surrogate market economy country, in accordance with section 773(c)
of the Act.\32\
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\31\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum to Gary Taverman, ``China's Status as a Non-Market
Economy,'' dated October 26, 2017), unchanged in Certain Aluminum
Foil from the People's Republic of China: Final Determination of
Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018).
\32\ See China AD Initiation Checklist.
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The petitioner claims that Romania is an appropriate surrogate
country for China because it is a market economy country that is at a
level of economic development comparable to that of China and it is a
significant producer of comparable merchandise.\33\ The petitioner
provided publicly available information from Romania to value all
FOPs.\34\ Therefore, based on the information provided by the
petitioner, we determine that it is appropriate to use Romania as the
primary surrogate country for initiation purposes.\35\
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\33\ See AD Supplement at 3-4 and Exhibit S-II-4(B).
\34\ See Volume II of the Petition at 10 and Exhibit II-9; see
also AD Supplement at Exhibits S-II-2, S-II-3(B), and S-II-7; and
Second General Issues and AD Supplement at Exhibits SQR2-2 through
SQR2-6.
\35\ See China AD Initiation Checklist.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Based on its assertion that information regarding the FOPs and
volume of inputs consumed by Chinese producers/exporters of certain
steel wheels was not reasonably available to the petitioner, the
petitioner used its own consumption rates to estimate the Chinese
manufacturers' FOPs.\36\ The petitioner stated that consumption rates
for the Chinese FOPs are similar to those experienced by the
petitioner, and as such, the petitioner used its own inputs and
consumption rates to estimate the Chinese manufacturers' FOPs.\37\ In
addition, the petitioner valued the estimated FOPs using surrogate
values from Romania,\38\ and used the average POI exchange rate to
convert surrogate values expressed in euros to U.S. dollars.\39\
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\36\ See Volume II of the Petition at 13 and Exhibit II-5(A).
\37\ Id.
\38\ Id. at Exhibit II-9; see also AD Supplement at Exhibits II-
2, II-3(B) and S-II-7; see also Second General Issues and AD
Supplement at Exhibits SQR2-2 through SQR2-6.
\39\ See Volume II of the Petition at Exhibit II-9.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of certain steel wheels from China are being, or
are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for certain steel wheels from China
are 30.48-44.35 percent.\40\
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\40\ See Second General Issues and AD Supplement at Exhibit
SQR2-7; see also China AD Initiation Checklist at Attachment V.
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Initiation of LTFV Investigation
Based upon the examination of the Petition, we find that the
Petition meets the requirements of section 732 of the Act. Therefore,
we are initiating an AD investigation to determine whether imports of
certain steel wheels from China are being, or are likely to be, sold in
the United States at LTFV. In accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this
initiation.
Respondent Selection
The petitioner named 36 producers/exporters as accounting for the
majority of exports of certain steel wheels to the United States from
China.\41\ In accordance with our standard practice for respondent
selection in AD cases involving NME countries, we intend to issue
quantity and value (Q&V) questionnaires to producers/exporters of
merchandise subject to this investigation. In the event Commerce
determines that it cannot individually examine each company, where
appropriate, Commerce intends to select mandatory respondents based on
the responses received to its Q&V questionnaire. Commerce will request
Q&V information from known exporters
[[Page 45099]]
and producers identified with complete contact information in the
Petition. In addition, Commerce will post the Q&V questionnaires along
with filing instructions on Enforcement and Compliance's website at
https://www.trade.gov/enforcement/news.asp.
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\41\ See Volume I of the Petition at Exhibit I-6; see also
General Issues Supplement, at SGQ-1 and Exhibit SGQ-1.
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Producers/exporters of certain steel wheels from China that do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain a copy of the Q&V questionnaire from
Enforcement & Compliance's website. The Q&V questionnaire response must
be submitted by the relevant Chinese exporters/producers no later than
5:00 p.m. ET on September 11, 2018, which is two weeks from the
signature date of this notice. All Q&V responses must be filed
electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\42\
The specific requirements for submitting a separate-rate application in
this investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\43\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate-rate
consideration.
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\42\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin
05.1).
\43\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\44\
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\44\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of certain steel wheels from China are
materially injuring or threatening material injury to a U.S.
industry.\45\ A negative ITC determination will result in the
investigation being terminated.\46\ Otherwise, the investigation will
proceed according to statutory and regulatory time limits.
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\45\ See section 733(a) of the Act.
\46\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). 19 CFR 351.301(b) requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\47\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\48\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in this
investigation.
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\47\ See 19 CFR 351.301(b).
\48\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\49\
Parties must use the certification formats provided in 19 CFR
[[Page 45100]]
351.303(g).\50\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\49\ See section 782(b) of the Act.
\50\ See also Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation should ensure that
they meet the requirements of these procedures (e.g., the filing of
letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 28, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation is certain on-the-road steel
wheels, discs, and rims for tubeless tires with a nominal wheel
diameter of 12 inches to 16.5 inches, regardless of width. Certain
on-the-road steel wheels with a nominal wheel diameter of 12 inches
to 16.5 inches within the scope are generally for road and highway
trailers and other towable equipment, including, inter alia, utility
trailers, cargo trailers, horse trailers, boat trailers,
recreational trailers, and towable mobile homes. The standard widths
of certain on-the-road steel wheels are 4 inches, 4.5 inches, 5
inches, 5.5 inches, 6 inches, and 6.5 inches, but all certain on-
the-road steel wheels, regardless of width, are covered by the
scope.
The scope includes rims and discs for certain on-the-road steel
wheels, whether imported as an assembly, unassembled, or separately.
The scope includes certain on-the-road steel wheels regardless of
steel composition, whether cladded or not cladded, whether finished
or not finished, and whether coated or uncoated. The scope also
includes certain on-the-road steel wheels with discs in either a
``hub-piloted'' or ``stud-piloted'' mounting configuration, though
the stud-piloted configuration is most common in the size range
covered.
All on-the-road wheels sold in the United States must meet
Standard 110 or 120 of the National Highway Traffic Safety
Administration's (NHTSA) Federal Motor Vehicle Safety Standards,
which requires a rim marking, such as the ``DOT'' symbol, indicating
compliance with applicable motor vehicle standards. See 49 CFR
571.110 and 571.120. The scope includes certain on-the-road steel
wheels imported with or without NHTSA's 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 or rims imported
as an assembly with a tire mounted on the rim and/or with a valve
stem are included in the scope of this investigation. However, if
the steel wheels or rims are imported as an assembly with a tire
mounted on the wheel or rim and/or with a valve stem attached, the
tire and/or valve stem is not covered by the scope.
Excluded from this scope are the following:
(1) Steel wheels for use with tube-type tires; such tires use
multi piece rims, which are two-piece and three-piece assemblies and
require the use of an inner tube;
(2) aluminum wheels;
(3) certain on-the-road steel wheels that are coated entirely
with chrome; and
(4) steel wheels that do not meet Standard 110 or 120 of the
NHTSA's requirements other than the rim marking requirements found
in 49 CFR 571.110S4.4.2 and 571.120S5.2.
Certain on-the-road steel wheels subject to this investigation
are properly classifiable under the following category of the
Harmonized Tariff Schedule of the United States (HTSUS):
8716.90.5035 which covers the exact product covered by the scope
whether entered as an assembled wheel or in components. Certain on-
the-road steel wheels entered with a tire mounted on them may be
entered under HTSUS 8716.90.5059 (Trailers and semi-trailers; other
vehicles, not mechanically propelled, parts, wheels, other, wheels
with other tires) (a category that will be broader than what is
covered by the scope). While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
subject merchandise is dispositive.
[FR Doc. 2018-19206 Filed 9-4-18; 8:45 am]
BILLING CODE 3510-DS-P