Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, 5989-5991 [2019-03131]
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Federal Register / Vol. 84, No. 37 / Monday, February 25, 2019 / Notices
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[FR Doc. 2019–03171 Filed 2–22–19; 8:45 am]
BILLING CODE 3510–DR–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: Preliminary
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers and/or exporters subject
to this investigation received
countervailable subsidies. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable February 25, 2019.
FOR FURTHER INFORMATION CONTACT:
Emily Halle or Keith Haynes, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0176 or (202) 482–5139,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on September 5, 2018.1 On October 15,
1 See Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China:
Initiation of Countervailing Duty Investigation, 83
FR 45100 (September 5, 2018) (Initiation Notice).
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5989
2018, Commerce postponed the
preliminary determination of this
investigation, and reset the deadline to
January 7, 2019.2 Subsequently,
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 The revised deadline for the
preliminary determination decision is
now February 14, 2019.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are certain steel wheels
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations, the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
2 See Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China:
Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 83 FR 51926
(October 15, 2018).
3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Certain Steel
Wheels 12 to 16.5 Inches in Diameter from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Federal Register / Vol. 84, No. 37 / Monday, February 25, 2019 / Notices
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce intends to
issue its preliminary decision regarding
comments concerning the scope of the
antidumping duty (AD) and
countervailing duty (CVD)
investigations in the preliminary
determination of the companion AD
investigation.
Period of Investigation
The period of investigation is January
1, 2017, through December 31, 2017.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit on the recipient, and
that the subsidy is specific.6 For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.
In making these findings, Commerce
relied, in part, on facts available.
Further, because one or more
respondents did not act to the best of
their ability to respond to Commerce’s
requests for information, an adverse
inference was drawn, where
appropriate, in selecting from among the
facts otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
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In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
exist with respect to imports of certain
steel wheels from China for Zhejiang
Jingu Company Limited (Zhejiang
Jingu), Xingmin Intelligent
Transportation Systems (Group)
(Xingmin), and all other exporters or
producers not individually examined.
For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
5 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also Initiation Notice.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
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Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
and based on the petitioner’s request,8
we are aligning the final CVD
determination in this investigation with
the final determination in the
companion AD investigation of certain
steel wheels from China. Consequently,
the final CVD determination will be
issued on the same date as the final AD
determination, which is currently
scheduled to be issued no later than July
1, 2019, unless postponed.
All-Others Rate
Sections 703(d)(1)(A)(i) and
705(c)(5)(A) of the Act provide that in
the preliminary determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
zero and de minimis rates and any rates
based entirely under section 776 of the
Act.
In this investigation, Commerce
calculated a rate that is not zero, de
minimis or based entirely on the facts
available for Zhejiang Jingu.
Specifically, Zhejiang Jingu is the only
participating respondent with a rate that
is not zero, de minimis or based entirely
on the facts available. Consequently, the
rate calculated for Zhejiang Jingu is also
assigned as the rate for all-other
producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Producer/exporter
Zhejiang Jingu Company Limited 9 ........................................
Xingmin Intelligent Transportation Systems (Group) 10 .......
All-Others ....................................
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Sfmt 4703
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
58.30 Compliance no later than seven days
after the date on which the last
293.27 verification report is issued in this
58.30 investigation. Rebuttal briefs, limited to
8 See Letter from the petitioner, ‘‘Certain Steel
Wheels 12 to 16.5 Inches in Diameter from the
People’s Republic of China (C–570–091)—
Petitioner’s Request for Alignment of
Countervailing Duty Investigation Final
Determination Deadline with Antidumping
Investigation Final Determination Deadline,’’ dated
December 12, 2018.
9 As discussed in the Preliminary Decision
Memorandum, Commerce has assigned Zhejiang
Jingu’s rate to each of the entities named as cross-
Frm 00012
Disclosure
Commerce intends to disclose its
calculations and analysis to interested
parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Subsidy
rate
(percent)
Suspension of Liquidation
Section703(e)(2) of the Act provides
that, given an affirmative determination
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of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced and/or
exported by Zhejiang Jingu, Xingmin,
and all other exporters or producers. In
accordance with section 703(e)(2)(A) of
the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend the liquidation of entries to
unliquidated entries of merchandise
from the exporters/producers identified
in this paragraph that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice.
Furthermore, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
owned in its affiliation questionnaire response:
Shanghai Yata Industry Company Limited;
Shangdong Jingu Auto Parts Co., Ltd.; An’Gang
Jingu (Hangzhou) Metal Materials Co., Ltd.;
Zhejiang Wheel World Co., Ltd.; and Hangzhou
Jingu New Energy Development Co. Ltd. Zhejiang
Jingu’s rate has also been assigned to Zhejiang Jingu
Automobile Components, which was the prior
name of Zhejiang Jingu.
10 As discussed in the Preliminary Decision
Memorandum, Commerce has assigned Xingmin’s
rate to each of the entities for which Xingmin
provided an initial questionnaire response: SinoTex (Longkou) Wheel Manufacturers Inc.; Tangshan
Xingmin Wheel Co., Ltd.; and Xianning Xingmin
Wheel Co., Ltd.
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Federal Register / Vol. 84, No. 37 / Monday, February 25, 2019 / Notices
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 ‘‘hubpiloted’’ 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,
International Trade Commission
which requires a rim marking, such as
Notification
the ‘‘DOT’’ symbol, indicating
In accordance with section 703(f) of
compliance with applicable motor
the Act, Commerce will notify the
vehicle standards. See 49 CFR 571.110
International Trade Commission (ITC) of and § 571.120. The scope includes
its determination. If Commerce’s final
certain on-the-road steel wheels
determination is affirmative, the ITC
imported with or without NHTSA’s
will make its final determination before required markings.
the later of 120 days after the date of this
Certain on-the-road steel wheels
preliminary determination or 45 days
imported as an assembly with a tire
after Commerce’s final determination.
mounted on the wheel and/or with a
valve stem or rims imported as an
Notification to Interested Parties
assembly with a tire mounted on the rim
This determination is issued and
and/or with a valve stem are included
published pursuant to sections 703(f)
in the scope of this investigation.
and 777(i) of the Act and 19 CFR
However, if the steel wheels or rims are
351.205(c).
imported as an assembly with a tire
Dated: February 14, 2019.
mounted on the wheel or rim and/or
Gary Taverman,
with a valve stem attached, the tire and/
or valve stem is not covered by the
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
scope.
performing the non-exclusive functions and
Excluded from this scope are the
duties of the Assistant Secretary for
following:
Enforcement and Compliance.
(1) steel wheels for use with tube-type
tires;
such tires use multi piece rims,
Appendix I
which are two-piece and three-piece
Scope of the Investigation
assemblies and require the use of an
inner tube;
The scope of this investigation is
(2) aluminum wheels;
certain on-the-road steel wheels, discs,
(3) certain on-the-road steel wheels
and rims for tubeless tires with a
nominal wheel diameter of 12 inches to that are coated entirely with chrome;
16.5 inches, regardless of width. Certain and
(4) steel wheels that do not meet
Standard 110 or 120 of the NHTSA’s
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
requirements other than the rim
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issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
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16:22 Feb 22, 2019
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5991
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.
Appendix II
List of Topics Discussed in the
Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test
VIII. Preliminary Affirmative
Determination of Critical
Circumstances
IX. Application of the CVD Law to
Imports from China
X. Diversification of China’s Economy
XI. Subsidies Valuation
XII. Benchmarks
XIII. Use of Facts Otherwise Available
and Adverse Inferences
XIV. Analysis of Programs
XV. Calculation of the All-Others Rate
XVI. ITC Notification
XVII. Disclosure and Public Comment
XVIII. Verification
XIX. Recommendation
[FR Doc. 2019–03131 Filed 2–22–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Amended Final
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
is amending the final results of the
AGENCY:
E:\FR\FM\25FEN1.SGM
25FEN1
Agencies
[Federal Register Volume 84, Number 37 (Monday, February 25, 2019)]
[Notices]
[Pages 5989-5991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03131]
-----------------------------------------------------------------------
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: Preliminary Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this investigation received
countervailable subsidies. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable February 25, 2019.
FOR FURTHER INFORMATION CONTACT: Emily Halle or Keith Haynes, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0176 or (202) 482-5139,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on September
5, 2018.\1\ On October 15, 2018, Commerce postponed the preliminary
determination of this investigation, and reset the deadline to January
7, 2019.\2\ Subsequently, Commerce exercised its discretion to toll all
deadlines affected by the partial federal government closure from
December 22, 2018, through the resumption of operations on January 29,
2019.\3\ The revised deadline for the preliminary determination
decision is now February 14, 2019.
---------------------------------------------------------------------------
\1\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Initiation of Countervailing Duty
Investigation, 83 FR 45100 (September 5, 2018) (Initiation Notice).
\2\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty Investigation, 83 FR 51926
(October 15, 2018).
\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Certain
Steel Wheels 12 to 16.5 Inches in Diameter from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain steel wheels
from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations, the
Initiation Notice set aside a period of time for parties to raise
issues regarding product
[[Page 5990]]
coverage (i.e., scope).\5\ Certain interested parties commented on the
scope of the investigation as it appeared in the Initiation Notice.
Commerce intends to issue its preliminary decision regarding comments
concerning the scope of the antidumping duty (AD) and countervailing
duty (CVD) investigations in the preliminary determination of the
companion AD investigation.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also Initiation
Notice.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2017, through December
31, 2017.
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that
confers a benefit on the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
In making these findings, Commerce relied, in part, on facts
available. Further, because one or more respondents did not act to the
best of their ability to respond to Commerce's requests for
information, an adverse inference was drawn, where appropriate, in
selecting from among the facts otherwise available.\7\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances exist with respect
to imports of certain steel wheels from China for Zhejiang Jingu
Company Limited (Zhejiang Jingu), Xingmin Intelligent Transportation
Systems (Group) (Xingmin), and all other exporters or producers not
individually examined. For a full description of the methodology and
results of Commerce's analysis, see the Preliminary Decision
Memorandum.
Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), and based on the petitioner's request,\8\ we are
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of certain steel
wheels from China. Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than July 1, 2019, unless
postponed.
---------------------------------------------------------------------------
\8\ See Letter from the petitioner, ``Certain Steel Wheels 12 to
16.5 Inches in Diameter from the People's Republic of China (C-570-
091)--Petitioner's Request for Alignment of Countervailing Duty
Investigation Final Determination Deadline with Antidumping
Investigation Final Determination Deadline,'' dated December 12,
2018.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that
in the preliminary determination, Commerce shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely
under section 776 of the Act.
In this investigation, Commerce calculated a rate that is not zero,
de minimis or based entirely on the facts available for Zhejiang Jingu.
Specifically, Zhejiang Jingu is the only participating respondent with
a rate that is not zero, de minimis or based entirely on the facts
available. Consequently, the rate calculated for Zhejiang Jingu is also
assigned as the rate for all-other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Producer/exporter rate
(percent)
------------------------------------------------------------------------
Zhejiang Jingu Company Limited \9\.......................... 58.30
Xingmin Intelligent Transportation Systems (Group) \10\..... 293.27
All-Others.................................................. 58.30
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Suspension of Liquidation
Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise produced and/or exported by Zhejiang Jingu, Xingmin, and
all other exporters or producers. In accordance with section
703(e)(2)(A) of the Act, Commerce will direct U.S. Customs and Border
Protection (CBP) to suspend the liquidation of entries to unliquidated
entries of merchandise from the exporters/producers identified in this
paragraph that were entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice.
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has assigned Zhejiang Jingu's rate to each of the entities
named as cross-owned in its affiliation questionnaire response:
Shanghai Yata Industry Company Limited; Shangdong Jingu Auto Parts
Co., Ltd.; An'Gang Jingu (Hangzhou) Metal Materials Co., Ltd.;
Zhejiang Wheel World Co., Ltd.; and Hangzhou Jingu New Energy
Development Co. Ltd. Zhejiang Jingu's rate has also been assigned to
Zhejiang Jingu Automobile Components, which was the prior name of
Zhejiang Jingu.
\10\ As discussed in the Preliminary Decision Memorandum,
Commerce has assigned Xingmin's rate to each of the entities for
which Xingmin provided an initial questionnaire response: Sino-Tex
(Longkou) Wheel Manufacturers Inc.; Tangshan Xingmin Wheel Co.,
Ltd.; and Xianning Xingmin Wheel Co., Ltd.
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Furthermore, pursuant to 19 CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to the rates indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis to
interested parties in this preliminary determination within five days
of its public announcement, or if there is no public announcement,
within five days of the date of this notice in accordance with 19 CFR
351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to
[[Page 5991]]
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\11\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If
Commerce's final determination is affirmative, the ITC will make its
final determination before the later of 120 days after the date of this
preliminary determination or 45 days after Commerce's final
determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: February 14, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The 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 Sec.
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 Sec. 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test
VIII. Preliminary Affirmative Determination of Critical Circumstances
IX. Application of the CVD Law to Imports from China
X. Diversification of China's Economy
XI. Subsidies Valuation
XII. Benchmarks
XIII. Use of Facts Otherwise Available and Adverse Inferences
XIV. Analysis of Programs
XV. Calculation of the All-Others Rate
XVI. ITC Notification
XVII. Disclosure and Public Comment
XVIII. Verification
XIX. Recommendation
[FR Doc. 2019-03131 Filed 2-22-19; 8:45 am]
BILLING CODE 3510-DS-P