Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances, 16643-16646 [2019-08005]
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Federal Register / Vol. 84, No. 77 / Monday, April 22, 2019 / Notices
6. The sponsoring entity’s size, place
of incorporation, product or service line,
major markets in which the entity
operates, and the entity’s export or
import experience.
7. A profile of the entity’s foreign
direct investment or expansion
activities, including investment
activities, investment plans, investmentfacilitation activities, or other foreign
direct investment activities.
8. Brief statement describing how the
applicant will contribute to the work of
the Council based on his or her unique
experience and perspective (not to
exceed 100 words).
9. All relevant contact information,
including mailing address, fax, email,
phone number, and support staff
information where relevant.
751(a)(2)(B) of the Tariff Act of 1930
(the Act). Commerce properly intends to
publish the final results of this
administrative review, including the
results of its analysis of issues
addressed in any case or rebuttal brief,
no later than 120 days after publication
of the preliminary results, unless
extended.1 This notice serves as a
correction notice.
Note: If you applied for the IAC based on
the original Federal Register Notice posted in
April, your application remains valid and
you DO NOT NEED to re-apply.
International Trade Administration
Anthony Diaz,
Program Analyst, International Trade
Administration.
[FR Doc. 2019–07986 Filed 4–19–19; 8:45 am]
BILLING CODE 3510–DR–P
International Trade Administration
[A–821–809]
Certain Hot-Rolled Carbon Steel Flat
Products From the Russian
Federation: Correction to the
Preliminary Results of the 2016–2017
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: John
McGowan or Joshua DeMoss, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3019 or (202) 482–3362,
respectively.
AGENCY:
On
February 19, 2019, the Department of
Commerce (Commerce) published the
preliminary results of the 2016–2017
administrative review of the
antidumping duty order for certain hotrolled carbon steel flat products from
the Russian Federation. Commerce
inadvertently stated it intended to issue
the final results of this administrative
review no later than 90 days after the
date these preliminary results of review
were issued, pursuant to section
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[FR Doc. 2019–08003 Filed 4–19–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–570–090]
Certain Steel Wheels 12 to 16.5 Inches
in Diameter From the People’s
Republic of China: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, and Preliminary
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain steel wheels 12 to 16.5
inches in diameter (certain steel wheels)
from the People’s Republic of China
(China) are being sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is January
1, 2018, through June 30, 2018.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
Dated: April 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
DATES:
Applicable April 22, 2019.
Kyle
Clahane or Charles Doss, 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) 482–5449 or (202) 482–4474,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
1 See section 751(a)(3)(A) of the Act; 19 CFR
351.213(h); see also Certain Hot-Rolled Flat-Rolled
Carbon-Quality Steel Products from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review; 2016–2017, 84 FR
4776 (February 19, 2019).
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16643
of the Tariff Act of 1930, as amended
(the Act). We published the notice of
initiation of this investigation on
September 5, 2018.1 We exercised our
discretion to toll all deadlines affected
by the partial federal government
closure from December 22, 2018,
through the resumption of operations on
January 29, 2019.2 On February 6, 2019,
we postponed the preliminary
determination of this investigation and
the revised deadline is now April 15,
2019.3 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included 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 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 the 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 12
to 16.5 inches in diameter 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,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
1 See Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China:
Initiation of Less-Than-Fair-Value Investigation, 83
FR 45095 (September 5, 2018) (Initiation Notice)
and accompanying Initiation Checklist.
2 See memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019.
3 See Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China:
Postponement of Preliminary Determination in the
Less-Than-Fair-Value Investigation, 84 FR 2169
(February 6, 2019).
4 See memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less Than
Fair Value 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).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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Federal Register / Vol. 84, No. 77 / Monday, April 22, 2019 / Notices
coverage (i.e., scope).6 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.7 We are preliminarily
modifying the scope language as it
appeared in the Initiation Notice. See
the revised scope in Appendix I to this
notice.
Methodology
We are conducting this investigation
in accordance with section 731 of the
Act. Pursuant to section 776(a) and (b)
of the Act, we have preliminarily relied
upon facts otherwise available, with
adverse inferences (AFA), for the Chinawide entity, including each of the
companies selected for individual
examination: Xiamen Sunrise Wheel
Group Co., Ltd. (Sunrise), Xingmin
Intelligent Transportation System Co.,
Ltd. (Xingmin), and Zhejiang Jingu Co.,
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily determines that critical
circumstances exist with respect to
imports of certain steel wheels from
China for Chungang Machinery, the
company eligible for a separate rate, and
the China-wide entity. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,11 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.12
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist.
Estimated
weighted-average
dumping margin
(percent)
Producer
Exporter
Changzhou Chungang Machinery Co., Ltd ..........
China-Wide Entity .................................................
Changzhou Chungang Machinery Co., Ltd ..........
...............................................................................
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register, as discussed below. Further,
pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which normal value exceeds
U.S. price, as indicated in the chart
6 See
Initiation Notice.
memorandum, ‘‘Certain Steel Wheels 12 to
16.5 Inches in Diameter from the People’s Republic
of China: Preliminary Scope Decision
Memorandum,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary Scope
Decision Memorandum).
8 See the petitioner’s letter, ‘‘Petitions for the
Imposition of Antidumping Duties and
Countervailing Duties on Imports of Certain Steel
Wheels 12–16.5 Inches in Diameter from the
People’s Republic of China,’’ dated August 8, 2018
(the Petition). We adjusted the Petition rate when
7 See
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Ltd. (Zhejiang Jingu). As AFA, we have
assigned the highest margin alleged in
the Petition of 44.35 percent.8
We preliminarily find a single entity,
Changzhou Chungang Machinery Co.,
Ltd. (Chungang Machinery), which was
not selected for individual examination
in this investigation, to have
demonstrated eligibity for a separate
rate. However, because none of the
mandatory respondents are receiving a
separate rate and we are determining the
China-wide rate based on AFA, we look
to section 735(c)(5)(B) of the Act for
guidance and are, consistent with that
provision, using ‘‘any reasonable
method’’ to determine the rate for
exporters that are not being individually
examined and found to be entitled to a
separate rate. As ‘‘any reasonable
method,’’ we find it appropriate to
assign the simple average of the Petition
rates (i.e., 38.27 percent) 9 to Chungang
Machinery, the separate rate applicant
not individually examined.10
For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
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38.27
44.35
Cash deposit
rate (adjusted
for subsidy
offsets)
(percent)
37.65
43.73
above as follows: (1) For the producer/
exporter combinations listed in the table
above, the cash deposit rate is equal to
the estimated weighted-average
dumping margin listed for that
combination in the table; (2) for all
combinations of Chinese producers/
exporters of merchandise under
consideration that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the China-wide
entity; and (3) for all third-country
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Chinese
producer/exporter combination (or the
China-wide entity) that supplied that
third-country exporter.
Section 733(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 from the following
we initiated this investigation. See Initiation
Checklist at Attachment V.
9 Id. The invidivdual Petition rates, as
recalculated in the Initiation Checklist, were 44.35,
37.24, 43.12, 42.28, 37.32, 30.48, 36.11, and 35.27
percent. The simple average of these margins is
38.27 percent.
10 See, e.g., Carton-Closing Staples From the
People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value, 83
FR 13236 (March 28, 2018) and accompanying
Issues and Decision Memorandum at Comment 3
(citing, e.g., Galvanized Steel Wire from the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value, 77 FR 17430 (March 26,
2012)).
11 See Initiation Notice at 83 FR 45099.
12 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
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producer/exporter combinations:
Chungang Machinery, the company
eligible for a separate rate, and the
China-wide entity. In accordance with
section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
all unliquidated entries of merchandise
from the producer/exporter
combinations 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.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce has offset the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). Any
such adjusted rates may be found in the
‘‘Preliminary Determination’’ section’s
chart of estimated weighted-average
dumping margins above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary 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,
because Commerce preliminarily
applied AFA to the mandatory
respondents in this investigation in
accordance with section 776 of the Act,
and the applied AFA rate is based solely
on the Petition, and the rate assigned to
the separate rate company was a simple
average of the Petition rates, there are no
calculations to disclose.
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Verification
Because the mandatory respondents
in this investigation did not provide
information requested by Commerce
and Commerce preliminarily determines
each of the mandatory respondents to
have been uncooperative, verification
will not be conducted.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination, unless the
Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.13 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.
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination.
13 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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16645
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: April 15, 2019.
Jeffrey I. Kessler,
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 onthe-road steel wheels regardless of steel
composition, whether cladded or not
cladded, whether finished or not finished,
and whether coated or uncoated. The scope
also includes certain on-the-road steel wheels
with discs in either a ‘‘hub-piloted’’ or ‘‘studpiloted’’ mounting configuration, though the
stud-piloted configuration is most common
in the size range covered.
All on-the-road wheels sold in the United
States must meet Standard 110 or 120 of the
National Highway Traffic Safety
Administration’s (NHTSA) Federal Motor
Vehicle Safety Standards, which requires a
rim marking, such as the ‘‘DOT’’ symbol,
indicating compliance with applicable motor
vehicle standards. See 49 CFR 571.110 and
571.120. The scope includes certain on-theroad steel wheels imported with or without
NHTSA’s required markings.
Certain on-the-road steel wheels imported
as an assembly with a tire mounted on the
wheel and/or with a valve stem or rims
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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.
The scope includes rims, discs, and wheels
that have been further processed in a third
country, including, but not limited to, the
painting of wheels from China and 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
investigations if performed in China.
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 in
chrome; (4) steel wheels that do not meet
Standard 110 or 120 of the NHTSA’s
requirements other than the rim marking
requirements found in 49 CFR 571.110S4.4.2
and 571.120S5.2; (5) steel wheels that meet
the following specifications: steel wheels
with a nominal wheel diameter ranging from
15 inches to 16. 5 inches, with a rim width
of 8 inches or greater, and a wheel
backspacing ranging from 3. 75 inches to 5.5
inches; and (6) steel wheels with wire
spokes.
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.
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Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Preliminary Affirmative Determination of
Critical Circumstances
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Separate Rates
i. Absence of De Jure control
ii. Absence of De Facto control
iii. Separate Rate Margin
C. China-Wide Entity
D. Application of Facts Available and
Adverse Inferences
i. Application of Facts Available
ii. Application of AFA
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iii. Selection and Corroboration of the AFA
Rate
VIII. Adjustment Under Section 777(A)(f) of
the Act
IX. Adjustments To Cash Deposit Rates For
Export Subsidies
X. Verification
XI. Conclusion
[FR Doc. 2019–08005 Filed 4–19–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Final Results of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
Maquilacero S.A. de C.V. (Maquilacero)
and Regiomontana de Perfiles y Tubos
S.A. de C.V. (Regiopytsa) made sales of
light-walled rectangular pipe and tube
(LWRPT) from Mexico at prices below
normal value during the period of
review (POR) August 1, 2016, through
July 31, 2017.
DATES: Applicable April 22, 2019.
FOR FURTHER INFORMATION CONTACT:
Madeline Heeren and Kent Boydston,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–9179
and (202) 482–5649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 6, 2018, Commerce
published the Preliminary Results.1 On
December 17, 2018, Commerce extended
the final results deadline until March 5,
2019.2 In addition, 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. If the
new deadline falls on a non-business
day, in accordance with Commerce’s
1 See Light-Walled Rectangular Pipe and Tube
from Mexico: Preliminary Results of Antidumping
Duty Administrative Review; 2016–2017, 83 FR
45211 (September 8, 2018) and accompanying
Preliminary Decision Memorandum (Preliminary
Results).
2 See Letter, ‘‘Light-Walled Rectangular Pipe and
Tube from Mexico: Extension of Deadline for Final
Results of Antidumping Duty Administrative
Review,’’ dated December 17, 2018.
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practice, the deadline will become the
next business day. Accordingly, the
deadline for the final results of this
review was revised to April 15, 2019.3
A summary of the events that
occurred since Commerce published
these results, as well as a full discussion
of the issues raised by parties for these
final results, may be found in the Issues
and Decision Memorandum, which is
hereby adopted by this notice.4
Scope of the Order
The products covered by the scope of
the order are certain light-walled
rectangular pipe and tube from Mexico.
For a complete description of the scope,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum,
which is hereby adopted by this notice.
A list of the issues raised is attached to
this notice as an Appendix. The Issues
and Decision Memorandum is a public
document and is on-file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit (CRU), 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/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the memorandum
are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties, we made certain revisions to the
preliminary margin calculations for
Maquilacero and Regiopytsa. The Issues
3 See Memorandum to the file 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 regarding ‘‘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, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Light-Walled Rectangular Pipe and Tube
from Mexico; 2016–2017,’’ dated concurrently with
this notice (Issues and Decision Memorandum).
E:\FR\FM\22APN1.SGM
22APN1
]]>Agencies
[Federal Register Volume 84, Number 77 (Monday, April 22, 2019)]
[Notices]
[Pages 16643-16646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08005]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-090]
Certain Steel Wheels 12 to 16.5 Inches in Diameter From the
People's Republic of China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, and Preliminary Affirmative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain steel wheels 12 to 16.5 inches in diameter (certain steel
wheels) from the People's Republic of China (China) are being sold in
the United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2018, through June 30, 2018.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable April 22, 2019.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane or Charles Doss, 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) 482-5449 or (202) 482-4474,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). We published
the notice of initiation of this investigation on September 5, 2018.\1\
We exercised our 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.\2\ On February 6, 2019,
we postponed the preliminary determination of this investigation and
the revised deadline is now April 15, 2019.\3\ For a complete
description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\4\ A list of
topics included 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 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 the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\1\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation, 83 FR 45095 (September 5, 2018) (Initiation Notice)
and accompanying Initiation Checklist.
\2\ See memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019.
\3\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Postponement of Preliminary
Determination in the Less-Than-Fair-Value Investigation, 84 FR 2169
(February 6, 2019).
\4\ See memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less Than Fair Value 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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Scope of the Investigation
The products covered by this investigation are certain steel wheels
12 to 16.5 inches in diameter 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,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product
[[Page 16644]]
coverage (i.e., scope).\6\ Certain interested parties commented on the
scope of the investigation as it appeared in the Initiation Notice. For
a summary of the product coverage comments and rebuttal responses
submitted to the record for this investigation, and accompanying
discussion and analysis of all comments timely received, see the
Preliminary Scope Decision Memorandum.\7\ We are preliminarily
modifying the scope language as it appeared in the Initiation Notice.
See the revised scope in Appendix I to this notice.
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
\7\ See memorandum, ``Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People's Republic of China: Preliminary Scope
Decision Memorandum,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Scope Decision Memorandum).
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Methodology
We are conducting this investigation in accordance with section 731
of the Act. Pursuant to section 776(a) and (b) of the Act, we have
preliminarily relied upon facts otherwise available, with adverse
inferences (AFA), for the China-wide entity, including each of the
companies selected for individual examination: Xiamen Sunrise Wheel
Group Co., Ltd. (Sunrise), Xingmin Intelligent Transportation System
Co., Ltd. (Xingmin), and Zhejiang Jingu Co., Ltd. (Zhejiang Jingu). As
AFA, we have assigned the highest margin alleged in the Petition of
44.35 percent.\8\
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\8\ See the petitioner's letter, ``Petitions for the Imposition
of Antidumping Duties and Countervailing Duties on Imports of
Certain Steel Wheels 12-16.5 Inches in Diameter from the People's
Republic of China,'' dated August 8, 2018 (the Petition). We
adjusted the Petition rate when we initiated this investigation. See
Initiation Checklist at Attachment V.
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We preliminarily find a single entity, Changzhou Chungang Machinery
Co., Ltd. (Chungang Machinery), which was not selected for individual
examination in this investigation, to have demonstrated eligibity for a
separate rate. However, because none of the mandatory respondents are
receiving a separate rate and we are determining the China-wide rate
based on AFA, we look to section 735(c)(5)(B) of the Act for guidance
and are, consistent with that provision, using ``any reasonable
method'' to determine the rate for exporters that are not being
individually examined and found to be entitled to a separate rate. As
``any reasonable method,'' we find it appropriate to assign the simple
average of the Petition rates (i.e., 38.27 percent) \9\ to Chungang
Machinery, the separate rate applicant not individually examined.\10\
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\9\ Id. The invidivdual Petition rates, as recalculated in the
Initiation Checklist, were 44.35, 37.24, 43.12, 42.28, 37.32, 30.48,
36.11, and 35.27 percent. The simple average of these margins is
38.27 percent.
\10\ See, e.g., Carton-Closing Staples From the People's
Republic of China: Final Affirmative Determination of Sales at Less
Than Fair Value, 83 FR 13236 (March 28, 2018) and accompanying
Issues and Decision Memorandum at Comment 3 (citing, e.g.,
Galvanized Steel Wire from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 77 FR 17430 (March
26, 2012)).
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For a full description of the methodology underlying Commerce's
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances exist
with respect to imports of certain steel wheels from China for Chungang
Machinery, the company eligible for a separate rate, and the China-wide
entity. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,\11\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\12\
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\11\ See Initiation Notice at 83 FR 45099.
\12\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist.
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Estimated Cash deposit rate
weighted-average (adjusted for
Producer Exporter dumping margin subsidy offsets)
(percent) (percent)
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Changzhou Chungang Machinery Co., Ltd.. Changzhou Chungang Machinery 38.27 37.65
Co., Ltd.
China-Wide Entity...................... ............................... 44.35 43.73
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted-average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) For
the producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
Chinese producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Chinese producer/exporter combination (or the China-wide entity)
that supplied that third-country exporter.
Section 733(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 from the following
[[Page 16645]]
producer/exporter combinations: Chungang Machinery, the company
eligible for a separate rate, and the China-wide entity. In accordance
with section 733(e)(2)(A) of the Act, the suspension of liquidation
shall apply to all unliquidated entries of merchandise from the
producer/exporter combinations 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.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the ``Preliminary Determination'' section's chart
of estimated weighted-average dumping margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary 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, because Commerce
preliminarily applied AFA to the mandatory respondents in this
investigation in accordance with section 776 of the Act, and the
applied AFA rate is based solely on the Petition, and the rate assigned
to the separate rate company was a simple average of the Petition
rates, there are no calculations to disclose.
Verification
Because the mandatory respondents in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determines each of the mandatory respondents to have been
uncooperative, verification will not be conducted.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\13\ 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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\13\ 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.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: April 15, 2019.
Jeffrey I. Kessler,
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 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
[[Page 16646]]
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.
The scope includes rims, discs, and wheels that have been
further processed in a third country, including, but not limited to,
the painting of wheels from China and 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 investigations if performed in China.
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 in chrome; (4) steel wheels that do not meet
Standard 110 or 120 of the NHTSA's requirements other than the rim
marking requirements found in 49 CFR 571.110S4.4.2 and 571.120S5.2;
(5) steel wheels that meet the following specifications: steel
wheels with a nominal wheel diameter ranging from 15 inches to 16. 5
inches, with a rim width of 8 inches or greater, and a wheel
backspacing ranging from 3. 75 inches to 5.5 inches; and (6) steel
wheels with wire spokes.
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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Preliminary Affirmative Determination of Critical Circumstances
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Separate Rates
i. Absence of De Jure control
ii. Absence of De Facto control
iii. Separate Rate Margin
C. China-Wide Entity
D. Application of Facts Available and Adverse Inferences
i. Application of Facts Available
ii. Application of AFA
iii. Selection and Corroboration of the AFA Rate
VIII. Adjustment Under Section 777(A)(f) of the Act
IX. Adjustments To Cash Deposit Rates For Export Subsidies
X. Verification
XI. Conclusion
[FR Doc. 2019-08005 Filed 4-19-19; 8:45 am]
BILLING CODE 3510-DS-P
