Steel Wheels From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 61672-61674 [2018-26011]
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61672
Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices
In addition to compliance with NEPA,
NHPA Section 106, and ESA Section 7,
all Federal actions will be in
compliance with applicable
requirements of the Surface Mining
Control and Reclamation Act of 1977
(30 U.S.C. 1021–1328), the Clean Water
Act (33 U.S.C. 1251–1387), the Clean
Air Act (42 U.S.C. 7401–7671q), and
Executive Orders relating to
environmental justice, tribal
consultation, and other applicable laws
and regulations.
amozie on DSK3GDR082PROD with NOTICES1
II. Background on the Rosebud Mine
Coal has been mined at Colstrip, MT
for more than 90 years. The Norther
Pacific Railway established the city of
Colstrip and its associated mine in the
1920s to access coal from the Fort Union
Formation. Coal mining began in 1924,
providing fuel for the railway’s steam
locomotive trains. During the initial 34
years of mining, 44 million tons of coal
were mined. By 1958, diesel-powered
locomotives replaced steam engines and
mining ceased in the Colstrip area.
In 1959, the Montana Power Company
purchased rights to the Rosebud Mine in
the city of Colstrip with plans to build
power generation facilities. The
Rosebud Mine operation began
production in 1968. In 2001,
Westmoreland purchased the Rosebud
Mine; its subsidiary, Western Energy,
continues to operate the mine today.
Although the Rosebud Mine has
shipped coal by rail as recently as 2010,
all coal currently produced by the mine
is consumed locally at the Colstrip and
Rosebud Power Plants.
III. Background on the Western Energy
Proposed Permit Area F
Western Energy proposes to conduct
surface coal mining and reclamation
operations within the 6,746-acre
proposed permit Area F of the Rosebud
Mine. The project area would be
adjacent to the western boundary of
Area C, 12 miles west of Colstrip.
Western Energy proposes to conduct
surface coal mining operations on an
approximately 2,159-acre portion of the
project area, with a total disturbance
footprint, including soil storage, scoria
pits, and haul roads, of approximately
4,260 acres. The project area would, in
conjunction with the mining of any
reserves remaining within existing
permit areas A, B, and C of the Rosebud
Mine, supply low-sulfur coal to the
Colstrip Power Plant (Units 3 and 4) at
a rate of between 7.7 and 9.95 million
tons annually. In addition, coal from the
Rosebud Mine with higher sulfur
content would be supplied to the
Rosebud Power Plant at a rate of
approximately 300,000 tons annually.
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Approval of the proposed permit Area
F is expected to require several other
agency actions, including:
• Findings and recommendations by
BLM with respect to Western Energy’s
Resource Recovery and Protection Plan
and other requirements of Western
Energy’s lease.
• Approval by DEQ of Western
Energy’s Montana Air Quality Permit
#1570–07 to allow expansion of the
geographic extent of the mine to include
the proposed permit Area F; and
• Approval by DEQ of a new MPDES
permit.
IV. Alternatives
Alternatives carried forward in the
Final EIS include the No Action
Alternative (Alternative 1), the Proposed
Action Alternative (Alternative 2), and
the Proposed Action Plus Additional
Environmental Protection Measures
Alternative (Alternative 3). Several
other alternatives were considered but
dismissed from further consideration.
V. Revisions to the Draft EIS
In accordance with the CEQ’s
regulations for implementing NEPA and
the DOI’s NEPA regulations, OSMRE
solicited public comments on the Draft
EIS. OSMRE responses to comments are
included in Appendix F of the FEIS.
The agencies considered comments
received from the public on the Draft
EIS and incorporated them, as
appropriate, into the FEIS. The changes
between the Draft EIS and Final EIS are
a result of responding to comments
received during the public comment
period and generally consist of revisions
to the text to clarify the analysis of
resource-specific potential impacts
under each alternative. No new analyses
were completed and no new or
additional data were used to support the
existing analyses.
In addition, the FEIS includes updates
based on evolving regulatory guidance
and completion of the NHPA Section
106 and ESA Section 7 consultation
processes.
Authority: 40 CFR 1506.6, 40 CFR 1506.1
Dated: November 16, 2018.
David Berry,
Regional Director, Western Region.
[FR Doc. 2018–26042 Filed 11–29–18; 8:45 am]
BILLING CODE 4310–05–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–602 and 731–
TA–1412 (Final)]
Steel Wheels From China; Scheduling
of the Final Phase of Countervailing
Duty and Antidumping Duty
Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–602 and 731–TA–1412 (Final)
pursuant to the Tariff Act of 1930 (‘‘the
Act’’) to determine whether an industry
in the United States is materially
injured or threatened with material
injury, or the establishment of an
industry in the United States is
materially retarded, by reason of
imports of steel wheels from China,
provided for in subheadings 8708.70.45,
8708.70.60, and 8716.90.50 of the
Harmonized Tariff Schedule of the
United States, preliminarily determined
by the Department of Commerce
(‘‘Commerce’’) to be subsidized and sold
at less-than-fair-value.
DATES: October 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Jordan Harriman (202–205–2610), Office
of Investigations, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.— For purposes of these
investigations, Commerce has defined
the subject merchandise as ‘‘. . .certain
on-the-road steel wheels, discs, and
rims for tubeless tires, with a nominal
rim diameter of 22.5 inches and 24.5
inches, regardless of width. Certain onthe-road steel wheels with a nominal
wheel diameter of 22.5 inches and 24.5
inches are generally for Class 6, 7, and
8 commercial vehicles (as classified by
the Federal Highway Administration
SUMMARY:
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Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices
Gross Vehicle Weight Rating system),
including tractors, semitrailers, dump
trucks, garbage trucks, concrete mixers,
and buses, and are the current standard
wheel diameters for such applications.
The standard widths of certain on-theroad steel wheels are 7.5 inches, 8.25
inches, and 9.0 inches, but all certain
on-the-road steel wheels, regardless of
width, are covered by the scope. While
22.5 inches and 24.5 inches are standard
wheel sizes used by Class 6, 7, and 8
commercial vehicles, the scope covers
sizes that may be adopted in the future
for Class 6, 7, and 8 commercial
vehicles. The scope includes certain onthe-road steel wheels with either a
‘‘hub-piloted’’ or ‘‘stud-piloted’’
mounting configuration, and includes
rims and discs for such wheels, whether
imported as an assembly or separately.
The scope includes certain on-the-road
steel wheels, discs, and rims, of carbon
and/or alloy steel composition, whether
cladded or not cladded, whether
finished or not finished, and whether
coated or uncoated. All on-the-road
wheels sold in the United States are
subject to the requirements of the
National Highway Traffic Safety
Administration and bear markings, such
as the ‘‘DOT’’ symbol, indicating
compliance with applicable motor
vehicle standards. See 49 CFR 571.120.
The scope includes certain on-the-road
steel wheels imported with or without
the required markings. Certain on-theroad steel wheels imported as an
assembly with a tire mounted on the
wheel and/or with a valve stem attached
are included. However, if the certain onthe-road steel wheel is imported as an
assembly with a tire mounted on the
wheel and/or with a valve stem
attached, the certain on-the-road steel
wheel is covered by the scope, but the
tire and/or valve stem is not covered by
the scope. Excluded from the scope are:
(1) Steel wheels for tube-type tires that
require a removable side ring; (2)
aluminum wheels; (3) wheels where
steel represents less than fifty percent of
the product by weight; and (4) steel
wheels that do not meet National
Highway Traffic Safety Administration
requirements, other than the rim
marking requirements found in 49 CFR
571.120S5.2.’’
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), as a result of
affirmative preliminary determinations
by the Commerce that certain benefits
which constitute subsidies within the
meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to
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Jkt 247001
manufacturers, producers, or exporters
in China of steel wheels, and that such
products are being sold in the United
States at less than fair value within the
meaning of section 733 of the Act (19
U.S.C. 1673b). The investigations were
requested in petitions filed on March
27, 2018, by Accuride Corporation,
Evansville, Indiana, and Maxion Wheels
Akron LLC, Akron, Ohio.
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Participation in the investigations and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in the final phase of these
investigations available to authorized
applicants under the APO issued in the
investigations, provided that the
application is made no later than 21
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party
granted access to BPI in the preliminary
phase of the investigations need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on December 21, 2018,
and a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
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61673
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Tuesday, January 8,
2019, at the U.S. International Trade
Commission Building. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before January 3,
2019. A nonparty who has testimony
that may aid the Commission’s
deliberations may request permission to
present a short statement at the hearing.
All parties and nonparties desiring to
appear at the hearing and make oral
presentations should participate in a
prehearing conference to be held on
January 7, 2019, at the U.S. International
Trade Commission Building, if deemed
necessary. Oral testimony and written
materials to be submitted at the public
hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is January 2, 2019. Parties may
also file written testimony in connection
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is January 15,
2019. In addition, any person who has
not entered an appearance as a party to
the investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
January 15, 2019. On January 31, 2019,
the Commission will make available to
parties all information on which they
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before February 4, 2019, but such final
comments must not contain new factual
information and must otherwise comply
with section 207.30 of the Commission’s
rules. All written submissions must
conform with the provisions of section
201.8 of the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
Handbook on E-Filing, available on the
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61674
Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices
Commission’s website at https://
edis.usitc.gov, elaborates upon the
Commission’s rules with respect to
electronic filing.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: November 26, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–26011 Filed 11–29–18; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–556 and 731–
TA–1311 (Final) (Remand)]
Truck and Bus Tires From China
United States International
Trade Commission.
ACTION: Notice of remand proceedings.
AGENCY:
The U.S. International Trade
Commission (‘‘Commission’’) hereby
gives notice of the procedures it intends
to follow to comply with the courtordered remand of its final
determinations in the antidumping and
countervailing duty investigations of
truck and bus tires (‘‘TBTs’’) from
China. For further information
concerning the conduct of these remand
proceedings and rules of general
application, consult the Commission’s
Rules of Practice and Procedure, part
201, subparts A through E (19 CFR part
201), and part 207, subpart A (19 CFR
part 207).
DATES: November 26, 2018.
FOR FURTHER INFORMATION CONTACT: Nate
Comly (202–205–3174), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
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SUMMARY:
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17:00 Nov 29, 2018
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Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record of
Investigation Nos. 701–TA–482–484 and
731–TA–1191–1194 (Final) may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—In March 2017, the
Commission determined that an
industry in the United States was not
materially injured or threatened with
material injury by reason of imports of
TBTs from China that were sold in the
United States at less than fair value and
that were subsidized by the Government
of China. Truck and Bus Tires from
China, Inv. Nos. 701–TA–556 and 731–
TA–1311 (Final), USITC Pub. 4673
(March 2017). Petitioner contested the
Commission’s determinations before the
U.S. Court of International Trade
(‘‘CIT’’). The CIT sustained certain
challenged aspects of the Commission’s
negative determinations, but remanded
for reconsideration of the Commission’s
analysis of price effects and likely prices
effects, and of the nature of the
countervailable subsidies for purposes
of the threat of material injury analysis.
United Steel, Paper and Forestry,
Rubber, Mfg., Energy, Allied Indus. and
Serv. Workers Int’l Union v. United
States, Slip Op. 18–151 (Ct. Int’l Trade,
Nov. 1, 2018).
Participation in the remand
proceedings.—Only those persons who
were interested parties that participated
in the investigations (i.e., persons listed
on the Commission Secretary’s service
list) and also parties to the appeal may
participate in the remand proceedings.
Such persons need not file any
additional appearances with the
Commission to participate in the
remand proceedings, unless they are
adding new individuals to the list of
persons entitled to receive business
proprietary information (‘‘BPI’’) under
administrative protective order. BPI
referred to during the remand
proceedings will be governed, as
appropriate, by the administrative
protective order issued in the
investigations. The Secretary will
maintain a service list containing the
names and addresses of all persons or
their representatives who are parties to
PO 00000
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the remand proceedings, and the
Secretary will maintain a separate list of
those authorized to receive BPI under
the administrative protective order
during the remand proceedings.
Written Submissions.—The
Commission is not reopening the record
and will not accept the submission of
new factual information for the record.
The Commission will permit the parties
to file comments concerning how the
Commission could best comply with the
Court’s remand instructions.
The comments must be based solely
on the information in the Commission’s
record. The Commission will reject
submissions containing additional
factual information or arguments
pertaining to issues other than those on
which the Court has remanded this
matter. The deadline for filing
comments is December 11, 2018.
Comments must be limited to no more
than ten (10) double-spaced and singlesided pages of textual material.
Parties are advised to consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subpart A (19 CFR part 207) for
provisions of general applicability
concerning written submissions to the
Commission. All written submissions
must conform to the provisions of
section 201.8 of the Commission’s rules;
any submissions that contain BPI must
also conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
Handbook on E-Filing, available on the
Commission’s website at https://
edis.usitc.gov, elaborates upon the
Commission’s rules with respect to
electronic filing.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, will not be
accepted unless good cause is shown for
accepting such submissions or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigation must be served on all other
parties to the investigation (as identified
by either the public or BPI service list),
and a certificate of service must be
timely filed. The Secretary will not
accept a document for filing without a
certificate of service.
By order of the Commission.
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Agencies
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61672-61674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26011]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-602 and 731-TA-1412 (Final)]
Steel Wheels From China; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-602 and 731-TA-1412 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of steel wheels from China, provided for
in subheadings 8708.70.45, 8708.70.60, and 8716.90.50 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: October 23, 2018.
FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.-- For purposes of these investigations, Commerce has defined
the subject merchandise as ``. . .certain on-the-road steel wheels,
discs, and rims for tubeless tires, with a nominal rim diameter of 22.5
inches and 24.5 inches, regardless of width. Certain on-the-road steel
wheels with a nominal wheel diameter of 22.5 inches and 24.5 inches are
generally for Class 6, 7, and 8 commercial vehicles (as classified by
the Federal Highway Administration
[[Page 61673]]
Gross Vehicle Weight Rating system), including tractors, semitrailers,
dump trucks, garbage trucks, concrete mixers, and buses, and are the
current standard wheel diameters for such applications. The standard
widths of certain on-the-road steel wheels are 7.5 inches, 8.25 inches,
and 9.0 inches, but all certain on-the-road steel wheels, regardless of
width, are covered by the scope. While 22.5 inches and 24.5 inches are
standard wheel sizes used by Class 6, 7, and 8 commercial vehicles, the
scope covers sizes that may be adopted in the future for Class 6, 7,
and 8 commercial vehicles. The scope includes certain on-the-road steel
wheels with either a ``hub-piloted'' or ``stud-piloted'' mounting
configuration, and includes rims and discs for such wheels, whether
imported as an assembly or separately. The scope includes certain on-
the-road steel wheels, discs, and rims, of carbon and/or alloy steel
composition, whether cladded or not cladded, whether finished or not
finished, and whether coated or uncoated. All on-the-road wheels sold
in the United States are subject to the requirements of the National
Highway Traffic Safety Administration and bear markings, such as the
``DOT'' symbol, indicating compliance with applicable motor vehicle
standards. See 49 CFR 571.120. The scope includes certain on-the-road
steel wheels imported with or without the required markings. Certain
on-the-road steel wheels imported as an assembly with a tire mounted on
the wheel and/or with a valve stem attached are included. However, if
the certain on-the-road steel wheel is imported as an assembly with a
tire mounted on the wheel and/or with a valve stem attached, the
certain on-the-road steel wheel is covered by the scope, but the tire
and/or valve stem is not covered by the scope. Excluded from the scope
are: (1) Steel wheels for tube-type tires that require a removable side
ring; (2) aluminum wheels; (3) wheels where steel represents less than
fifty percent of the product by weight; and (4) steel wheels that do
not meet National Highway Traffic Safety Administration requirements,
other than the rim marking requirements found in 49 CFR 571.120S5.2.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by the Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of steel wheels, and that such products are being
sold in the United States at less than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b). The investigations were
requested in petitions filed on March 27, 2018, by Accuride
Corporation, Evansville, Indiana, and Maxion Wheels Akron LLC, Akron,
Ohio.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on December
21, 2018, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
January 8, 2019, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before January 3, 2019. A nonparty
who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on January 7, 2019, at the U.S. International Trade Commission
Building, if deemed necessary. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is January 2, 2019. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is January 15, 2019. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before January 15, 2019. On January 31, 2019, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before February 4, 2019, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on E-Filing,
available on the
[[Page 61674]]
Commission's website at https://edis.usitc.gov, elaborates upon the
Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: November 26, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-26011 Filed 11-29-18; 8:45 am]
BILLING CODE 7020-02-P