Certain Steel Wheels From the People's Republic of China: Final Determination of Sales at Less-Than-Fair-Value, 11746-11749 [2019-05957]
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
that material injury or threat of material
injury does not exist, the proceeding
will be terminated, and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue a CVD order directing CBP to
assess, upon further instruction by
Commerce, countervailing duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
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.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
705(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: March 25, 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.
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Appendix I
Scope of the Investigation
The merchandise subject to the
investigation is certain on-the-road steel
wheels, discs, and rims for tubeless tires,
with a nominal rim diameter of 22.5 inches
and 24.5 inches, regardless of width. Certain
on-the-road steel wheels with a nominal
wheel diameter of 22.5 inches and 24.5
inches are generally for Class 6, 7, and 8
commercial vehicles (as classified by the
Federal Highway Administration Gross
Vehicle Weight Rating system), including
tractors, semi-trailers, dump trucks, garbage
trucks, concrete mixers, and buses, and are
the current standard wheel diameters for
such applications. The standard widths of
certain on-the-road steel wheels are 7.5
inches, 8.25 inches, and 9.0 inches, but all
certain on-the-road steel wheels, regardless of
width, are covered by the scope. While 22.5
inches and 24.5 inches are standard wheel
sizes used by Class 6, 7, and 8 commercial
vehicles, the scope covers sizes that may be
adopted in the future for Class 6, 7, and 8
commercial vehicles.
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The scope includes certain on-the-road
steel wheels with either a ‘‘hub-piloted’’ or
‘‘stud-piloted’’ mounting configuration, and
includes rims and discs for such wheels,
whether imported as an assembly or
separately. The scope includes certain onthe-road steel wheels, discs, and rims, of
carbon and/or alloy steel composition,
whether cladded or not cladded, whether
finished or not finished, and whether coated
or uncoated. All on-the-road wheels sold in
the United States are subject to the
requirements of the National Highway Traffic
Safety Administration and bear markings,
such as the ‘‘DOT’’ symbol, indicating
compliance with applicable motor vehicle
standards. See 49 CFR 571.120. The scope
includes certain on-the-road steel wheels
imported with or without the required
markings. Certain on-the-road steel wheels
imported as an assembly with a tire mounted
on the wheel and/or with a valve stem
attached are included. However, if the certain
on-the-road steel wheel is imported as an
assembly with a tire mounted on the wheel
and/or with a valve stem attached, the certain
on- the-road steel wheel is covered by the
scope, but the tire and/or valve stem is not
covered by the scope.
The scope includes rims and discs that
have been further processed in a third
country, including, but not limited to, the
welding and painting of rims and discs from
China to form a steel wheel, or any other
processing that would not otherwise remove
the merchandise from the scope of the
proceeding if performed in China.
Excluded from the scope are:
(1) Steel wheels for tube-type tires that
require a removable side ring;
(2) aluminum wheels;
(3) wheels where steel represents less than
fifty percent of the product by weight; and
(4) steel wheels that do not meet National
Highway Traffic Safety Administration
requirements, other than the rim marking
requirements found in 49 CFR 571.120S5.2.
Imports of the subject merchandise are
currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 8708.70.4530,
8708.70.4560, 8708.70.6030, 8708.70.6060,
8716.90.5045, and 8716.90.5059.
Merchandise meeting the scope description
may also enter under the following HTSUS
subheadings: 4011.20.1015, 4011.20.5020,
and 8708.99.4850. While HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the subject merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Affirmative Determination of Critical
Circumstances, in Part
VII. Discussion of the Issues
Comment 1: Whether To Clarify the Scope
to Include Steel Wheels Processed in A
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Third Country Using Rims and Discs
From China
Comment 2: Whether To Revise the Total
AFA Rate Applied to Xiamen Sunrise
and Zhejiang Jingu
Comment 3: Calculation of the ‘‘AllOthers’’ Rate
Comment 4: Whether Critical
Circumstances Exist.
VIII. Recommendation
Appendix I
[FR Doc. 2019–05956 Filed 3–27–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–082]
Certain Steel Wheels From the
People’s Republic of China: Final
Determination of Sales at Less-ThanFair-Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain steel wheels (steel wheels) from
the People’s Republic of China (China)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 735 of
the Tariff Act of 1930, as amended (the
Act) during the period of investigation
(POI), July 1, 2017, through December
31, 2017.
DATES: Applicable March 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2316.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 30, 2018, Commerce
published in the Federal Register the
preliminary affirmative determination of
sales at LTFV of steel wheels from
China.1 A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
the parties for this final determination,
may be found in the Issues and Decision
Memorandum.2
1 See Certain Steel Wheels from the People’s
Republic of China: Preliminary Determination of
Sales at Less-Than-Fair-Value, 83 FR 54568
(October 30, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination of Sales
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
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 ACCESS
is available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
Period of Investigation
The POI is July 1, 2017, through
December 31, 2017.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope), and states that ‘‘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.’’ 4 No issue was raised
regarding the scope as it appeared in the
Initiation Notice during the period
provided for scope comments. On
December 11, 2018, the petitioners 5
requested that Commerce permit them
to submit additional factual information
for the final scope determination to
ensure any orders resulting from this
investigation would effectively provide
relief from unfairly-traded imports.6 In
response, Commerce provided the
petitioners an opportunity to submit
new factual information and comments
relating to the scope. Commerce also
provided interested parties an
opportunity to submit comments and
factual information intended to rebut,
clarify or correct the petitioners’ new
factual information.7 On December 19,
2018, the petitioners submitted
comments on the scope of the
investigation.8 On February 4, 2019,
Sunrise 9 and Zhejiang Jingu Company
Limited (Zhejiang Jingu) each submitted
rebuttal comments pertaining to the
petitioners’ scope comments.10 After
considering comments and supporting
factual information, Commerce is
modifying the scope language as it
appeared in the Initiation Notice. For
further discussion, see Issues and
Decision Memorandum.
Scope of the Investigation
The products covered by this
investigation are steel wheels from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Affirmative Determination of Critical
Circumstances
We find that critical circumstances
exist with regard to the China-wide
entity pursuant to section 735(a)(3) of
the Act. Specifically, we determine that
there is a reasonable basis to believe or
suspect that importers knew, or should
have known, that the subject
merchandise was being sold at less than
fair value, and that those sales were
likely to cause material injury in
accordance with section 735(a)(3)(A)(ii)
of the Act. Furthermore, we also find
that there have been massive imports of
the subject merchandise over a
relatively short period pursuant to
sections 735(a)(3)(B) and 776(a)–(b) of
the Act. For further discussion, see the
Issues and Decision Memorandum.
Analysis of Comments Received
A list of issues which the petitioners
raised in its case brief, as well as in the
petitioners’ scope comments,11 along
with Sunrise’s and Zhejiang Jingu’s
rebuttal comments,12 to which we
responded in the Issues and Decision
Memorandum, is attached to this notice
at Appendix II.
Final Determination
The final, estimated weighted-average
dumping margin is as follows:
TABLE 2 TO (D)(3)(II)(B)(1)(i)
231.08
Producer
Exporter
China-Wide Entity .............................................
China-Wide Entity .............................................
231.70
Disclosure
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
However, in this investigation, no
individually examined companies
participated in the investigation, and
Commerce has applied total AFA to all
producers and exporters, including the
China-wide entity, in accordance with
7 See Memorandum, ‘‘Certain Steel Wheels from
the People’s Republic of China: Opportunity to
Submit Factual Information and Comments
Pertaining to the Scope of Investigations,’’ dated
December 14, 2018.
8 See Petitioners’ Letter, ‘‘Certain Steel Wheels
from the People’s Republic of China (A–570–082,
C–570–083)—Petitioners’ Request for Clarification
of the Scope of the Investigations and Submission
of Additional Factual Information Relevant to
Scope,’’ dated December 19, 2018 (Petitioners’
Scope Comments).
9 Xiamen Sunrise Wheel Group Co., Ltd.
(‘‘Xiamen Sunrise’’), Xiamen Sunrise Wheel Co.,
Ltd. (‘‘Sunrise Wheel’’), Xiamen Sunrise Metal Co.,
Ltd. (‘‘Sunrise Metal’’), Sichuan Sunrise Metal
Industry Co., Ltd. (‘‘Sichuan Sunrise’’), and Xiamen
Topu Import & Export Co., Ltd. (‘‘Topu’’)
(collectively, ‘‘Sunrise’’)
10 See Sunrise’s Letter, ‘‘Certain Steel Wheels
from the People’s Republic of China: Response to
Petitioners’ Request for Clarification of the Scope of
the Investigations and Submission of Additional
Factual Information Relevant to Scope,’’ dated
February 4, 2019 (Sunrise’s Scope Rebuttal); see
also Zhejiang Jingu’s Letter, ‘‘Antidumping and
Countervailing Duty Investigations of Certain Steel
Wheels from the People’s Republic of China:
Response to Petitioners’ Request for Clarification of
Scope of Investigations,’’ dated February 4, 2019
(Zhejiang Jingu’s Scope Rebuttal).
11 See Petitioners’ Scope Comments.
12 See Sunrise’s Scope Rebuttal; see also Zhejiang
Jingu’s Scope Rebuttal.
Normally, Commerce discloses to
interested parties the calculations
performed in connection with its final
determination within five days of its
amozie on DSK9F9SC42PROD with NOTICES
Estimated weightedaverage dumping
margin adjusted for
subsidy offset(s)
(percent)
Estimated weightedaverage dumping
margin
(percent)
at Less-Than-Fair-Value Investigation of Certain
Steel Wheels from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Certain Steel Wheels from the People’s
Republic of China: Initiation of Less-Than-FairValue Investigation, 83 FR 17798 (April 24, 2018)
(Initiation Notice).
5 The petitioners are Accuride Corporation and
Maxion Wheels Akron LLC (collectively, the
petitioners).
6 See Petitioners’ Letter, ‘‘Certain Steel Wheels
from China (A–570–082)—Petitioners’ Request to
Submit Additional Factual Information Relevant to
Scope,’’ dated December 11, 2018.
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
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section 776 of the Act. The applied AFA
rate continues to be based solely on the
petition, and, therefore, there are no
calculations to disclose to interested
parties.
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all imports of the
merchandise, as described in Appendix
I of this notice, that were entered or
withdrawn from warehouse, for
consumption on or after October 30,
2018, the date that the Preliminary
Determination was published.
Section 735(c)(4) of the Act provides
that, given an affirmative final
determination of critical circumstances,
any suspension of liquidation shall
apply to unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after August 1, 2018, which is 90 days
before the date on which the suspension
of liquidation was first ordered. As
discussed above and in more detail in
the Issues and Decision Memorandum,
Commerce finds that critical
circumstances exist for imports of
subject merchandise produced or
exported by the China-wide entity. In
accordance with section 733(c)(4) of the
Act, the suspension of liquidation shall
also apply to unliquidated entries of
shipments of subject merchandise from
the China-wide entity that were entered,
or withdrawn from warehouse from
August 1, 2018, up to October 30, 2018.
Further, pursuant to section
735(c)(1)(B)(ii) of the Act, Commerce
will instruct CBP to collect a cash
deposit as follows: (1) The rate for the
exporters and producers listed in the
chart above will be equal to the
estimated weighted-average dumping
margin that we have determined in this
final determination; (2) for all Chinese
exporters of subject merchandise which
have not received their own rate, the
cash-deposit rate will be equal to the
estimated weighted-average dumping
margin for the China-wide entity; and
(3) for all non-Chinese exporters of
subject merchandise which have not
received their own rate, the cash-deposit
rate will be equal to the rate applicable
to the Chinese exporter and producer
combination that supplied that nonChinese exporter. Commerce normally
adjusts the estimated weighted-average
dumping margin by the amount of
export subsidies countervailed in a
companion countervailing duty (CVD)
proceeding when the CVD measures are
in effect. Accordingly, where Commerce
made an affirmative determination for
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countervailable subsidies that are export
contingent,13 Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate(s).
Any such adjusted cash deposit rates
may be found in the ‘‘Final
Determination Margin’’ section, above.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
the final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
subject merchandise no later than 45
days after this final determination. If the
ITC determines that material injury, or
threat of material injury, does not exist,
the proceeding will be terminated, and
all cash deposits will be refunded. If the
ITC determines that such injury does
exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice will serve as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
13 In the CVD final determination, based on AFA,
we found the ‘‘Foreign Trade Development Fund
Program Grants’’ program to be inconsistent with
the Subsidies Agreement pursuant to section
705(a)(2)(A) of the Act. See Certain Steel Wheels
from the People’s Republic of China: Final
Affirmative Countervailing Duty Determination and
Affirmative Determination of Critical
Circumstances, in Part, and accompanying Issues
and Decision Memorandum, dated concurrently
with this AD final determination. The AFA rate
applied to that program was 0.62 percent.
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Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: March 25, 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 merchandise subject to the
investigation is certain on-the-road steel
wheels, discs, and rims for tubeless tires,
with a nominal rim diameter of 22.5 inches
and 24.5 inches, regardless of width. Certain
on-the-road steel wheels with a nominal
wheel diameter of 22.5 inches and 24.5
inches are generally for Class 6, 7, and 8
commercial vehicles (as classified by the
Federal Highway Administration Gross
Vehicle Weight Rating system), including
tractors, semi-trailers, dump trucks, garbage
trucks, concrete mixers, and buses, and are
the current standard wheel diameters for
such applications. The standard widths of
certain on-the-road steel wheels are 7.5
inches, 8.25 inches, and 9.0 inches, but all
certain on-the-road steel wheels, regardless of
width, are covered by the scope. While 22.5
inches and 24.5 inches are standard wheel
sizes used by Class 6, 7, and 8 commercial
vehicles, the scope covers sizes that may be
adopted in the future for Class 6, 7, and 8
commercial vehicles.
The scope includes certain on-the-road
steel wheels with either a ‘‘hub-piloted’’ or
‘‘stud-piloted’’ mounting configuration, and
includes rims and discs for such wheels,
whether imported as an assembly or
separately. The scope includes certain onthe-road steel wheels, discs, and rims, of
carbon and/or alloy steel composition,
whether cladded or not cladded, whether
finished or not finished, and whether coated
or uncoated. All on-the-road wheels sold in
the United States are subject to the
requirements of the National Highway Traffic
Safety Administration and bear markings,
such as the ‘‘DOT’’ symbol, indicating
compliance with applicable motor vehicle
standards. See 49 CFR 571.120. The scope
includes certain on-the-road steel wheels
imported with or without the required
markings. Certain on-the-road steel wheels
imported as an assembly with a tire mounted
on the wheel and/or with a valve stem
attached are included. However, if the certain
on-the-road steel wheel is imported as an
assembly with a tire mounted on the wheel
and/or with a valve stem attached, the certain
on-the-road steel wheel is covered by the
scope, but the tire and/or valve stem is not
covered by the scope.
The scope includes rims and discs that
have been further processed in a third
country, including, but not limited to, the
welding and painting of rims and discs from
China to form a steel wheel, or any other
processing that would not otherwise remove
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
the merchandise from the scope of the
proceeding if performed in China.
Excluded from the scope are:
(1) Steel wheels for tube-type tires that
require a removable side ring;
(2) aluminum wheels;
(3) wheels where steel represents less than
fifty percent of the product by weight; and
(4) steel wheels that do not meet National
Highway Traffic Safety Administration
requirements, other than the rim marking
requirements found in 49 CFR 571.120S5.2.
Imports of the subject merchandise are
currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 8708.70.4530,
8708.70.4560, 8708.70.6030, 8708.70.6060,
8716.90.5045, and 8716.90.5059.
Merchandise meeting the scope description
may also enter under the following HTSUS
subheadings: 4011.20.1015, 4011.20.5020,
and 8708.99.4850. While HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the subject merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Affirmative Determination of Critical
Circumstances
VII. Discussion of Issues
Comment 1: Scope Clarification for Rims
and Discs Processed in a Third Country
Comment 2: Critical Circumstances
Comment 3: Application of Adverse Facts
Available
Comment 4: Separate Rate Status for
CIMAC
VIII. Recommendation
[FR Doc. 2019–05957 Filed 3–27–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Final Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Hyundai
Steel Company (Hyundai Steel), Dongbu
Steel Co., Ltd/Dongbu Incheon Steel
Co., Ltd. (Dongbu), producers and/or
exporters of certain corrosion-resistant
steel products (CORE) from the Republic
of Korea (Korea), received
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AGENCY:
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countervailable subsidies during the
period of review (POR) November 6,
2015, through December 31, 2016.
Commerce is also rescinding the review
with respect to Mitsubishi International
Corporation.
DATES: Applicable March 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo at 202–482–2371 or Jun
Jack Zhao at 202–482–1396, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of on August 10, 2018.1 For a
history of events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2
On December 6, 2018, we postponed
the final results of this review until
February 6, 2019. As a result of the
partial government shutdown, the
deadline for the final results of this
review was revised to March 18, 2019.3
Based on an analysis of the comments
received and information received from
the Government of Korea (GOK) after
the Preliminary Results, Commerce has
revised its calculations for Hyundai
Steel. Commerce did not make any
changes to the subsidy rates determined
for Dongbu. The final subsidy rates are
listed in the ‘‘Final Results of
Administrative Review’’ section, below.
Scope of the Order
The products covered by this order
are certain corrosion-resistant steel
products. For a complete description of
the scope of this order, see attachment
to the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
case briefs are addressed in the Issues
and Decision Memorandum. The issues
are identified in the Appendix to this
1 See Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Preliminary Results of
Countervailing Duty Administrative Review; and
Rescission of Review, Rescission of Review, in Part,
and Intent to Rescind, in Part; 2015–16 (August 10,
2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum re: Issues and Decision
Memorandum For the Final Results of
Countervailing Duty Administrative Review of
Corrosion-Resistant Steel Products from the
Republic of Korea; 2015–2017 (Issues and Decision
Memorandum, or IDM), dated concurrently with,
and hereby adopted by, this notice.
3 See Memorandum re: 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.
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11749
notice. 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 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 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.
Changes Since the Preliminary Results
Based on the comments received from
interested parties and information
received from the GOK after the
Preliminary Results, we made changes
to the net subsidy rates calculated for
Hyundai Steel. We did not make any
changes to the net subsidy rates
calculated for Dongbu. For a discussion
of these issues, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable, we find that
there is a subsidy, i.e., a governmentprovided financial contribution that
gives rise to a benefit to the recipient,
and that the subsidy is specific.4 For a
description of the methodology
underlying all of Commerce’s
conclusions, see the Issues and Decision
Memorandum.
Partial Rescission of Review
Commerce initiated a review of
Mitsubishi International Corporation
(Mitsubishi) in this administrative
review.5 In the Preliminary Results, we
stated our intent to rescind the review
with respect to Mitsubishi because
Mitsubishi claimed no shipments
during the POR and we did not receive
any contradictory information.
Therefore, in accordance with 19 CFR
351.213(d)(3), we are rescinding this
4 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.
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017) (Initiation Notice),
corrected by Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
48051 (October 16, 2017) (Correction Notice).
E:\FR\FM\28MRN1.SGM
28MRN1
]]>Agencies
[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11746-11749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05957]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-082]
Certain Steel Wheels From the People's Republic of China: Final
Determination of Sales at Less-Than-Fair-Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain steel wheels (steel wheels) from the People's Republic of
China (China) are being, or are likely to be, sold in the United States
at less than fair value (LTFV), as provided in section 735 of the
Tariff Act of 1930, as amended (the Act) during the period of
investigation (POI), July 1, 2017, through December 31, 2017.
DATES: Applicable March 28, 2019.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
On October 30, 2018, Commerce published in the Federal Register the
preliminary affirmative determination of sales at LTFV of steel wheels
from China.\1\ A summary of the events that occurred since Commerce
published the Preliminary Determination, as well as a full discussion
of the issues raised by the parties for this final determination, may
be found in the Issues and Decision Memorandum.\2\
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\1\ See Certain Steel Wheels from the People's Republic of
China: Preliminary Determination of Sales at Less-Than-Fair-Value,
83 FR 54568 (October 30, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination of Sales at Less-Than-Fair-Value Investigation
of Certain Steel Wheels from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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[[Page 11747]]
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
ACCESS is available to all parties in the Central Records Unit, Room
B8024 of the main Commerce building. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
Period of Investigation
The POI is July 1, 2017, through December 31, 2017.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope), and states that ``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.'' \4\ No issue was raised regarding the scope as it
appeared in the Initiation Notice during the period provided for scope
comments. On December 11, 2018, the petitioners \5\ requested that
Commerce permit them to submit additional factual information for the
final scope determination to ensure any orders resulting from this
investigation would effectively provide relief from unfairly-traded
imports.\6\ In response, Commerce provided the petitioners an
opportunity to submit new factual information and comments relating to
the scope. Commerce also provided interested parties an opportunity to
submit comments and factual information intended to rebut, clarify or
correct the petitioners' new factual information.\7\ On December 19,
2018, the petitioners submitted comments on the scope of the
investigation.\8\ On February 4, 2019, Sunrise \9\ and Zhejiang Jingu
Company Limited (Zhejiang Jingu) each submitted rebuttal comments
pertaining to the petitioners' scope comments.\10\ After considering
comments and supporting factual information, Commerce is modifying the
scope language as it appeared in the Initiation Notice. For further
discussion, see Issues and Decision Memorandum.
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\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Certain Steel Wheels from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 83 FR 17798
(April 24, 2018) (Initiation Notice).
\5\ The petitioners are Accuride Corporation and Maxion Wheels
Akron LLC (collectively, the petitioners).
\6\ See Petitioners' Letter, ``Certain Steel Wheels from China
(A-570-082)--Petitioners' Request to Submit Additional Factual
Information Relevant to Scope,'' dated December 11, 2018.
\7\ See Memorandum, ``Certain Steel Wheels from the People's
Republic of China: Opportunity to Submit Factual Information and
Comments Pertaining to the Scope of Investigations,'' dated December
14, 2018.
\8\ See Petitioners' Letter, ``Certain Steel Wheels from the
People's Republic of China (A-570-082, C-570-083)--Petitioners'
Request for Clarification of the Scope of the Investigations and
Submission of Additional Factual Information Relevant to Scope,''
dated December 19, 2018 (Petitioners' Scope Comments).
\9\ Xiamen Sunrise Wheel Group Co., Ltd. (``Xiamen Sunrise''),
Xiamen Sunrise Wheel Co., Ltd. (``Sunrise Wheel''), Xiamen Sunrise
Metal Co., Ltd. (``Sunrise Metal''), Sichuan Sunrise Metal Industry
Co., Ltd. (``Sichuan Sunrise''), and Xiamen Topu Import & Export
Co., Ltd. (``Topu'') (collectively, ``Sunrise'')
\10\ See Sunrise's Letter, ``Certain Steel Wheels from the
People's Republic of China: Response to Petitioners' Request for
Clarification of the Scope of the Investigations and Submission of
Additional Factual Information Relevant to Scope,'' dated February
4, 2019 (Sunrise's Scope Rebuttal); see also Zhejiang Jingu's
Letter, ``Antidumping and Countervailing Duty Investigations of
Certain Steel Wheels from the People's Republic of China: Response
to Petitioners' Request for Clarification of Scope of
Investigations,'' dated February 4, 2019 (Zhejiang Jingu's Scope
Rebuttal).
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Scope of the Investigation
The products covered by this investigation are steel wheels from
China. For a complete description of the scope of this investigation,
see Appendix I.
Affirmative Determination of Critical Circumstances
We find that critical circumstances exist with regard to the China-
wide entity pursuant to section 735(a)(3) of the Act. Specifically, we
determine that there is a reasonable basis to believe or suspect that
importers knew, or should have known, that the subject merchandise was
being sold at less than fair value, and that those sales were likely to
cause material injury in accordance with section 735(a)(3)(A)(ii) of
the Act. Furthermore, we also find that there have been massive imports
of the subject merchandise over a relatively short period pursuant to
sections 735(a)(3)(B) and 776(a)-(b) of the Act. For further
discussion, see the Issues and Decision Memorandum.
Analysis of Comments Received
A list of issues which the petitioners raised in its case brief, as
well as in the petitioners' scope comments,\11\ along with Sunrise's
and Zhejiang Jingu's rebuttal comments,\12\ to which we responded in
the Issues and Decision Memorandum, is attached to this notice at
Appendix II.
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\11\ See Petitioners' Scope Comments.
\12\ See Sunrise's Scope Rebuttal; see also Zhejiang Jingu's
Scope Rebuttal.
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Final Determination
The final, estimated weighted-average dumping margin is as follows:
Table 2 to (d)(3)(ii)(B)(1)(i)
----------------------------------------------------------------------------------------------------------------
Estimated weighted-
Estimated weighted- average dumping
Producer Exporter average dumping margin adjusted for
margin (percent) subsidy offset(s)
(percent)
----------------------------------------------------------------------------------------------------------------
China-Wide Entity...................... China-Wide Entity........ 231.70 231.08
----------------------------------------------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with its final determination within five days
of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b). However, in this investigation, no
individually examined companies participated in the investigation, and
Commerce has applied total AFA to all producers and exporters,
including the China-wide entity, in accordance with
[[Page 11748]]
section 776 of the Act. The applied AFA rate continues to be based
solely on the petition, and, therefore, there are no calculations to
disclose to interested parties.
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all imports of the merchandise, as described in
Appendix I of this notice, that were entered or withdrawn from
warehouse, for consumption on or after October 30, 2018, the date that
the Preliminary Determination was published.
Section 735(c)(4) of the Act provides that, given an affirmative
final determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after
August 1, 2018, which is 90 days before the date on which the
suspension of liquidation was first ordered. As discussed above and in
more detail in the Issues and Decision Memorandum, Commerce finds that
critical circumstances exist for imports of subject merchandise
produced or exported by the China-wide entity. In accordance with
section 733(c)(4) of the Act, the suspension of liquidation shall also
apply to unliquidated entries of shipments of subject merchandise from
the China-wide entity that were entered, or withdrawn from warehouse
from August 1, 2018, up to October 30, 2018.
Further, pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce
will instruct CBP to collect a cash deposit as follows: (1) The rate
for the exporters and producers listed in the chart above will be equal
to the estimated weighted-average dumping margin that we have
determined in this final determination; (2) for all Chinese exporters
of subject merchandise which have not received their own rate, the
cash-deposit rate will be equal to the estimated weighted-average
dumping margin for the China-wide entity; and (3) for all non-Chinese
exporters of subject merchandise which have not received their own
rate, the cash-deposit rate will be equal to the rate applicable to the
Chinese exporter and producer combination that supplied that non-
Chinese exporter. Commerce normally adjusts the estimated weighted-
average dumping margin by the amount of export subsidies countervailed
in a companion countervailing duty (CVD) proceeding when the CVD
measures are in effect. Accordingly, where Commerce made an affirmative
determination for countervailable subsidies that are export
contingent,\13\ Commerce has offset the estimated weighted-average
dumping margin by the appropriate CVD rate(s). Any such adjusted cash
deposit rates may be found in the ``Final Determination Margin''
section, above. These suspension of liquidation instructions will
remain in effect until further notice.
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\13\ In the CVD final determination, based on AFA, we found the
``Foreign Trade Development Fund Program Grants'' program to be
inconsistent with the Subsidies Agreement pursuant to section
705(a)(2)(A) of the Act. See Certain Steel Wheels from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination and Affirmative Determination of Critical
Circumstances, in Part, and accompanying Issues and Decision
Memorandum, dated concurrently with this AD final determination. The
AFA rate applied to that program was 0.62 percent.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of subject
merchandise no later than 45 days after this final determination. If
the ITC determines that material injury, or threat of material injury,
does not exist, the proceeding will be terminated, and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice will serve as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: March 25, 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 merchandise subject to the investigation is certain on-the-
road steel wheels, discs, and rims for tubeless tires, with a
nominal rim diameter of 22.5 inches and 24.5 inches, regardless of
width. Certain on-the-road steel wheels with a nominal wheel
diameter of 22.5 inches and 24.5 inches are generally for Class 6,
7, and 8 commercial vehicles (as classified by the Federal Highway
Administration Gross Vehicle Weight Rating system), including
tractors, semi-trailers, dump trucks, garbage trucks, concrete
mixers, and buses, and are the current standard wheel diameters for
such applications. The standard widths of certain on-the-road steel
wheels are 7.5 inches, 8.25 inches, and 9.0 inches, but all certain
on-the-road steel wheels, regardless of width, are covered by the
scope. While 22.5 inches and 24.5 inches are standard wheel sizes
used by Class 6, 7, and 8 commercial vehicles, the scope covers
sizes that may be adopted in the future for Class 6, 7, and 8
commercial vehicles.
The scope includes certain on-the-road steel wheels with either
a ``hub-piloted'' or ``stud-piloted'' mounting configuration, and
includes rims and discs for such wheels, whether imported as an
assembly or separately. The scope includes certain on-the-road steel
wheels, discs, and rims, of carbon and/or alloy steel composition,
whether cladded or not cladded, whether finished or not finished,
and whether coated or uncoated. All on-the-road wheels sold in the
United States are subject to the requirements of the National
Highway Traffic Safety Administration and bear markings, such as the
``DOT'' symbol, indicating compliance with applicable motor vehicle
standards. See 49 CFR 571.120. The scope includes certain on-the-
road steel wheels imported with or without the required markings.
Certain on-the-road steel wheels imported as an assembly with a tire
mounted on the wheel and/or with a valve stem attached are included.
However, if the certain on-the-road steel wheel is imported as an
assembly with a tire mounted on the wheel and/or with a valve stem
attached, the certain on-the-road steel wheel is covered by the
scope, but the tire and/or valve stem is not covered by the scope.
The scope includes rims and discs that have been further
processed in a third country, including, but not limited to, the
welding and painting of rims and discs from China to form a steel
wheel, or any other processing that would not otherwise remove
[[Page 11749]]
the merchandise from the scope of the proceeding if performed in
China.
Excluded from the scope are:
(1) Steel wheels for tube-type tires that require a removable
side ring;
(2) aluminum wheels;
(3) wheels where steel represents less than fifty percent of the
product by weight; and
(4) steel wheels that do not meet National Highway Traffic
Safety Administration requirements, other than the rim marking
requirements found in 49 CFR 571.120S5.2.
Imports of the subject merchandise are currently classified
under the following Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 8708.70.4530, 8708.70.4560, 8708.70.6030,
8708.70.6060, 8716.90.5045, and 8716.90.5059. Merchandise meeting
the scope description may also enter under the following HTSUS
subheadings: 4011.20.1015, 4011.20.5020, and 8708.99.4850. While
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Affirmative Determination of Critical Circumstances
VII. Discussion of Issues
Comment 1: Scope Clarification for Rims and Discs Processed in a
Third Country
Comment 2: Critical Circumstances
Comment 3: Application of Adverse Facts Available
Comment 4: Separate Rate Status for CIMAC
VIII. Recommendation
[FR Doc. 2019-05957 Filed 3-27-19; 8:45 am]
BILLING CODE 3510-DS-P
