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]

Download as PDF 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 daltland on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 45095 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 E:\FR\FM\05SEN1.SGM 05SEN1 45096 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES 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. VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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. E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES 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). VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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. E:\FR\FM\05SEN1.SGM 05SEN1 45098 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 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 daltland on DSKBBV9HB2PROD with NOTICES 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. VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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. E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 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. VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 {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 E:\FR\FM\05SEN1.SGM 05SEN1 45100 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 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 05SEN1

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]


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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.
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    \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).
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    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\
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    \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).
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    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\
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    \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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    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\
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    \7\ See the ``Determination of Industry Support for the 
Petition'' section, infra.
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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.
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    \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).
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    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\
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    \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).
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    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.
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    \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.
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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).
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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.
---------------------------------------------------------------------------

    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
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