Steel Trailer Wheels From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 18862-18863 [2019-08899]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18862-18863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08899]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-609 and 731-TA-1421 (Final)]


Steel Trailer Wheels From China; Scheduling of the Final Phase of 
Countervailing Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-609 and 731-TA-1421 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of steel trailer wheels from China, 
provided for in subheading 8716.90.50 of the Harmonized Tariff Schedule 
of the United States, preliminarily determined by the Department of 
Commerce (``Commerce'') to be subsidized and sold at less-than-fair-
value.

DATES: April 15, 2019.

FOR FURTHER INFORMATION CONTACT: Jordan Harriman ((202) 205-2610), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``certain on-the-road steel wheels, discs, 
and rims for tubeless tires with a nominal wheel diameter of 12 inches 
to 16.5 inches, regardless of width. Certain on-the-road steel wheels 
with a nominal wheel diameter of 12 inches to 16.5 inches within the 
scope are generally for road and highway trailers and other towable 
equipment, including, inter alia, utility trailers, cargo trailers, 
horse trailers, boat trailers, recreational trailers, and towable 
mobile homes. The standard widths of certain on-the-road steel wheels 
are 4 inches, 4.5 inches, 5 inches, 5.5 inches, 6 inches, and 6.5 
inches, but all certain on-the-road steel wheels, regardless of width, 
are covered by the scope.
    The scope includes rims and discs for certain on-the-road steel 
wheels, whether imported as an assembly, unassembled, or separately. 
The scope includes certain on-the-road steel wheels regardless of steel 
composition, whether cladded or not cladded, whether finished or not 
finished, and whether coated or uncoated. The scope also includes 
certain on-the-road steel wheels with discs in either a ``hub-piloted'' 
or ``stud-piloted'' mounting configuration, though the stud-piloted 
configuration is most common in the size range covered.
    All on-the-road wheels sold in the United States must meet Standard 
110 or 120 of the National Highway Traffic Safety Administration's 
(NHTSA) Federal Motor Vehicle Safety Standards, which requires a rim 
marking, such as the ``DOT'' symbol, indicating compliance with 
applicable motor vehicle standards. See 49 CFR 571.110 and 571.120. The 
scope includes certain on-the-road steel wheels imported with or 
without NHTSA's required markings.
    Certain on-the-road steel wheels imported as an assembly with a 
tire mounted on the wheel and/or with a valve stem or rims imported as 
an assembly with a tire mounted on the rim and/or with a valve stem are 
included in the scope of this investigation. However, if the steel 
wheels or rims are imported as an assembly with a tire mounted on the 
wheel or rim and/or with a valve stem attached, the tire and/or valve 
stem is not covered by the scope.
    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 with 
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

[[Page 18863]]

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.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of section 703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of steel trailer wheels, and that such products are 
being sold in the United States at less than fair value within the 
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations 
were requested in petitions filed on August 8, 2018, by Dexstar Wheel, 
Elkhart, Indiana.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on June 21, 
2019, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
July 9, 2019, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before June 27, 2019. A nonparty who 
has testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on July 2, 2019, at the U.S. International Trade Commission Building, 
if deemed necessary. Oral testimony and written materials to be 
submitted at the public hearing are governed by sections 201.6(b)(2), 
201.13(f), and 207.24 of the Commission's rules. Parties must submit 
any request to present a portion of their hearing testimony in camera 
no later than 7 business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is June 28, 2019. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is July 15, 2019. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before July 10, 2019. On July 25, 2019, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before July 29, 2019, but such final comments 
must not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on E-Filing, available on the 
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
rules with respect to electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: April 26, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-08899 Filed 5-1-19; 8:45 am]
BILLING CODE 7020-02-P