Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, 32707-32710 [2019-14559]
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Notices
United States at less-than-fair-value
(LTFV).
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
DATES:
Foreign-Trade Zone 158—Vicksburg,
Mississippi; Application for Production
Authority; MTD Consumer Group Inc.;
Opening of Comment Period on
Submission Containing New Evidence
The Foreign-Trade Zones (FTZ) Board
is inviting public comment on a
submission containing new evidence
pertaining to the application on behalf
of MTD Consumer Group Inc. (MTD)
requesting production authority within
FTZ 158 in Verona, Mississippi.
On June 28, 2019, MTD made a
submission to the FTZ Board that
included new evidence for the record.
Public comment is invited on MTD’s
submission through August 8, 2019.
Rebuttal comments may be submitted
through the subsequent 15-day period,
until August 23, 2019.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. A
copy of MTD’s submission will be
available for public inspection in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at Elizabeth
.Whiteman@trade.gov or (202) 482–
0473.
Dated: July 2, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–14550 Filed 7–8–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–090]
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Certain Steel Wheels 12 to 16.5 Inches
in Diameter From the People’s
Republic of China: Final Affirmative
Determination of Sales at Less Than
Fair Value, and Final Affirmative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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, or are likely to be, sold in the
AGENCY:
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final determination of this investigation
is July 1, 2019.
Applicable July 9, 2019.
FOR FURTHER INFORMATION CONTACT:
[B–20–2018]
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
On April 22, 2019, Commerce
published the Preliminary
Determination of sales at LTFV of
certain steel wheels from China in the
Federal Register.1 A complete 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
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.
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 Accordingly, the deadline for the
1 See 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, 84 FR
16643 (April 22, 2019) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for Final Affirmative Determination
in the Antidumping Duty Investigation of Certain
Steel Wheels 12 to 16.5 Inches in Diameter from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
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Period of Investigation
The period of investigation is January
1, 2018 through June 30, 2018.
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 of
this notice.
Scope Comments
During the course of this investigation
and the concurrent countervailing duty
(CVD) investigation of certain steel
wheels from China, Commerce received
scope comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments and set aside a period of time
for parties to address scope issues in
scope case and rebuttal briefs.4
Commerce has reviewed the briefs
submitted by interested parties,
considered the arguments therein. For a
summary of the scope comments and
rebuttal responses submitted to the
record for this final determination,
along with the accompanying
discussion and analysis of all comments
timely received, see the Final Scope
Decision Memorandum.5 As a result, we
have made changes to the scope of the
investigations, including additional
clarifying language.
Final Affirmative Determination of
Critical Circumstances
In the Preliminary Determination,
Commerce preliminarily determined,
pursuant to section 733(e) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.206, that critical
circumstances exist with respect to
imports of certain steel wheels from
Changzhou Chungang Machinery Co.,
Ltd. (Chungang Machinery), a nonindividually examined company
receiving a separate rate, and the Chinawide entity. For this final
determination, we continue to find that
critical circumstances exist for
Chungang Machinery and the Chinaof the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See Memorandum, ‘‘Certain Steel Wheels 12 to
16.5 Inches in Diameter from the People’s Republic
of China: Preliminary Scope Decision
Memorandum,’’ dated April 15, 2019.
5 See Memorandum, ‘‘Certain Steel Wheels 12 to
16.5 Inches in Diameter from the People’s Republic
of China: Final Scope Comments Decision
Memorandum,’’ dated July 1, 2019 (Final Scope
Decision Memorandum).
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wide entity, pursuant to section
735(a)(3) of the Act and 19 CFR 351.206.
For a full description of the
methodology and results of Commerce’s
analysis, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case briefs and
rebuttal briefs submitted by interested
parties in this proceeding, other than
those issues related to scope, are
discussed in the Issues and Decision
Memorandum. A list of the issues raised
by parties and responded to by
Commerce are in the Issues and
Decision Memorandum, is attached at
Appendix II.
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Methodology
Commerce conducted this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, we have relied
upon facts otherwise available, with
adverse inferences (AFA), for the Chinawide entity, which includes each of the
three 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
assigned the highest margin alleged in
the Petition of 44.35 percent.6 We find
a single entity, Chungang Machinery,
which was not selected for individual
examination in this investigation, to
have demonstrated eligibility for a
separate rate. 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 continue to find it
appropriate to assign the simple average
of the Petition rates (i.e., 38.27 percent)
to Chungang Machinery, the separate
rate applicant not individually
examined. For a full description of the
methodology underlying Commerce’s
final determination, see the Issues and
Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we did not make
6 See Commerce’s letter, ‘‘Less-Than-Fair-Value
Investigation of Certain Steel Wheels 12 to 16.5
Inches in Diameter from the People’s Republic of
China: Respondent Selection,’’ dated October 11,
2018.
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changes to the antidumping margin
calculations set forth in the Preliminary
Determination.7 For a discussion of
these comments, see the Issues and
Decision Memorandum.
China-Wide Entity and Use of Adverse
Facts Available
For the reasons explained in the
Preliminary Determination, we continue
to find that the use of AFA, pursuant to
sections 776(a) and (b) of the Act, is
appropriate and are applying a rate
based entirely on AFA to the Chinawide entity.8 Commerce did not receive
timely responses to its quantity and
value (Q&V) questionnaire, separate rate
applications, or separate rate
supplemental questionnaires from
certain exporters and/or producers of
subject merchandise that were named in
the petition and to which Commerce
issued Q&V questionnaires.9 Sunrise,
Xingmin, and Zhejiang Jingu, which
were selected as a mandatory
respondents in this investigation, each
indicated their intent to withdraw
participation from this investigation,
and were thus deemed nonresponsive.10 As these non-responsive
companies in China did not
demonstrate that they are eligible for
separate rate status, Commerce
continues to consider them to be a part
of the China-wide entity. Consequently,
we continue to find that the China-wide
entity withheld requested information,
significantly impeded the proceeding,
and also failed to cooperate to the best
of its ability, and thus we are continuing
to base the China-wide entity’s rate on
AFA.
China-Wide Rate
In selecting the AFA rate for the
China-wide entity, Commerce’s practice
is to select a rate that is sufficiently
adverse to ensure that the uncooperative
party does not obtain a more favorable
result by failing to cooperate than if it
had fully cooperated.11 Specifically, it is
7 However, we note that the cash deposit rate
listed in the ‘‘Final Determination’’ section, infra,
changed from the Preliminary Determination, as a
result of the changes in the concurrent CVD
investigation.
8 The China-wide entity includes mandatory
respondents Xiamen Sunrise Wheel Group Co., Ltd.
(Sunrise), Xingmin Intelligent Transportation
System Co., Ltd. (Xingmin), and Zhejiang Jingu Co.,
Ltd. (Zhejiang Jingu).
9 See Preliminary Decision Memorandum at 13.
10 Id.
11 See, e.g., Notice of Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination: Purified Carboxymethyl
Cellulose from Finland, 69 FR 77216 (December 27,
2004), unchanged in Notice of Final Determination
of Sales at Less Than Fair Value: Purified
Carboxymethyl Cellulose from Finland, 70 FR
28279 (May 17, 2005).
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Commerce’s practice to select, as an
AFA rate, the higher of: (a) The highest
dumping margin alleged in the petition;
or, (b) the highest calculated dumping
margin of any respondent in the
investigation.12 For the final
determination, we are assigning the
China-wide entity, as AFA, the highest
petition margin of 44.35 percent. We
have corroborated the dumping margin
alleged in the Petition to the extent
practicable.13
Combination Rates
In the Initiation Notice, Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation.14 For
the final determination, we continue to
find that Chungang Machinery is
eligible for a separate rate. Pursuant to
section 735(c)(5)(A) of the Act,
Commerce’s practice is to assign to
separate rate entities that were not
individually examined a rate equal to
the weighted average of the rates
calculated for the individually
examined respondents, excluding any
rates that are zero, de minimis, or based
entirely on facts available. Because we
are determining the China-wide rate (of
which the mandatory respondents are a
part) based entirely on AFA, we look to
section 735(c)(5)(B) of the Act for
guidance and ‘‘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) to the separate rate applicant
not individually examined.15 Thus,
consistent with our normal practice, we
have assigned to the non-individually
examined separate-rate company,
Chungang Machinery, the simple
12 See, e.g., Certain Stilbenic Optical Brightening
Agents from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 77
FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value:
Cold-Rolled Flat-Rolled Carbon Quality Steel
Products from the People’s Republic of China, 65
FR 34660 (May 31, 2000), and accompanying Issues
and Decision Memorandum.
13 See Preliminary Decision Memorandum at 17.
14 See Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China:
Initiation of Less-Than-Fair-Value Investigations, 83
FR 45095 (September 5, 2018) (Initiation Notice),
and accompanying Initiation Checklist; see also
Preliminary Determination, 84 FR at 16644.
15 See Initiation Notice 83 FR at 45098 and
accompanying Initiation Checklist. Commerce
revised the petitioner’s calculated petition margins
so that the adjusted petition margins are 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.
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average of the Petition rates, i.e., 38.27
percent.
Final Determination
Commerce determines that the
following weighted-average dumping
margins exist for the period January 1,
2018 through June 30, 2018:
Weightedaverage
margin
(percent)
Exporter/producer
Changzhou Chungang Machinery Co., Ltd .............................................................................................................
China-Wide Entity ....................................................................................................................................................
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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,
Commerce has applied total 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. Therefore, there are no
calculations to disclose.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
certain steel wheels from China, as
described in Appendix I of this notice,
from the separate rate company,
Chungang Machinery, and the Chinawide entity, including Sunrise,
Xingmin, and Zhejiang Jingu, and, in
accordance with section 735(c)(4) of the
Act, because we continue to find that
critical circumstances exist, we will
instruct CBP to continue to suspend
liquidation of all appropriate entries of
certain steel wheels from China which
were entered, or withdrawn from
warehouse, for consumption on or after
January 22, 2019, which is 90 days prior
to the date of publication of the
Preliminary Determination in the
Federal Register.
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
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce makes an affirmative
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determination for domestic subsidy
pass-through or export subsidies,
Commerce offsets the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). We
have made an affirmative final
determination for export subsidies for
certain respondents and all others in the
companion CVD investigation.
However, suspension of liquidation for
provisional measures in the companion
CVD case has been discontinued;
therefore, we are not instructing CBP to
collect cash deposits based upon the
adjustment for those export subsidies at
this time.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which NV
exceeds U.S. price as follows: (1) The
cash deposit rate for the exporter/
producer combination listed in the table
above will be the rate identified for that
combination in the table; (2) for all
combinations of exporters/producers of
merchandise under consideration that
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate established for the
China-wide entity; and (3) for all nonChinese exporters of the merchandise
under consideration which have not
received their own separate rate above,
the cash-deposit rate will be the cash
deposit rate applicable to the Chinese
exporter/producer combination that
supplied that non-Chinese exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the 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
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Cash
deposit rate
(adjusted for
subsidy
offsets)
(percent)
38.27
44.35
16.57
22.65
is materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
importation of certain steel wheels from
China no later than 45 days after our
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.
Administrative Protective Orders
This notice serves 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
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 violation subject to sanction.
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: July 1, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The products subject to these
investigations are 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 onthe-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,
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including, inter alia, utility trailers, cargo
trailers, horse trailers, boat trailers,
recreational trailers, and towable mobile
homes. The standard widths of certain onthe-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
imported as an assembly with a tire mounted
on the rim and/or with a valve stem are
included in the scope of these investigations.
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. This exclusion is
limited to chrome wheels coated entirely in
chrome and produced through a chromium
electroplating process, and does not extend
to wheels that have been finished with other
processes, including, but not limited to,
Physical Vapor Deposition (PVD);
(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
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(6) steel wheels with wire spokes.
Certain on-the-road steel wheels subject to
these investigations 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.
Attachment II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Affirmative Determination of Critical
Circumstances
VI. Changes Since the Preliminary
Determination
VII. Adjustments to Cash Deposit Rates for
Export Subsidies
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Discussion of the Issues
Comment 1: Selection of the AFA Rate
Comment 2: Whether Critical
Circumstances Exist
X. Recommendation
[FR Doc. 2019–14559 Filed 7–8–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–853]
Citric Acid and Certain Citrate Salts
From Canada: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Jungbunzlauer Canada, Inc. (JBL
Canada), producer/exporter of citric
acid and certain citrate salts (citric acid)
from Canada, did not sell subject
merchandise at prices below normal
value (NV) during the period of review
(POR) May 1, 2017 through April 30,
2018. We invite interested parties to
comment on these preliminary results.
DATES: Applicable July 9, 2019.
FOR FURTHER INFORMATION CONTACT:
Joseph Dowling or George Ayache, AD/
CVD Operations, Office VIII,
AGENCY:
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Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1646 or
(202) 482–2623, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2018, in accordance with
19 CFR 351.221(c)(1)(i), we published a
notice of initiation of an administrative
review of the antidumping duty order
on citric acid from Canada.1 On
December 20, 2018, Commerce
postponed the deadline for the
preliminary results of this
administrative review until March 18,
2019, in accordance with section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2).2 Subsequently,
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 The revised deadline for the
preliminary results in this
administrative review is July 10, 2019.
Scope of the Order
The merchandise covered by the
Order 4 is citric acid and certain citrate
salts from Canada. The product is
currently classified under subheadings
2918.14.0000, 2918.15.1000,
2918.15.5000, and 3824.90.9290 of the
Harmonized Tariff System of the United
States (HTSUS). Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of merchandise
subject to the scope is dispositive.5
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
32270 (July 12, 2018).
2 See Memorandum to James Maeder, Associate
Deputy Assistance Secretary for Antidumping and
Countervailing Duty Operations performing the
duties of Deputy Assistance Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Citric Acid and Certain Citrate Salts from Canada:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
December 20, 2018.
3 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
for Enforcement and Compliance, ‘‘Deadlines
Affected by the Partial Shutdown of the Federal
Government,’’ dated January 28, 2019. All deadlines
in this segment of the proceeding have been
extended by 40 days.
4 See Citric Acid and Certain Citrate Salts from
Canada and the People’s Republic of China:
Antidumping Duty Orders, 74 FR 25703 (May 29,
2009) (Order).
5 A full description of the scope of the Order is
contained in the Memorandum, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Citric
Acid and Certain Citrate Salts from Canada; 2017–
2018’’ (Preliminary Decision Memorandum), dated
E:\FR\FM\09JYN1.SGM
09JYN1
]]>Agencies
[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32707-32710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14559]
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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: Final Affirmative Determination of Sales at
Less Than Fair Value, and Final Affirmative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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, or are likely to be,
sold in the United States at less-than-fair-value (LTFV).
DATES: Applicable July 9, 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
On April 22, 2019, Commerce published the Preliminary Determination
of sales at LTFV of certain steel wheels from China in the Federal
Register.\1\ A complete 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 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, 84 FR 16643
(April 22, 2019) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for Final
Affirmative Determination in the Antidumping Duty Investigation of
Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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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.
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ Accordingly, the
deadline for the final determination of this investigation is July 1,
2019.
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\3\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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Period of Investigation
The period of investigation is January 1, 2018 through June 30,
2018.
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 of this notice.
Scope Comments
During the course of this investigation and the concurrent
countervailing duty (CVD) investigation of certain steel wheels from
China, Commerce received scope comments from interested parties.
Commerce issued a Preliminary Scope Decision Memorandum to address
these comments and set aside a period of time for parties to address
scope issues in scope case and rebuttal briefs.\4\ Commerce has
reviewed the briefs submitted by interested parties, considered the
arguments therein. For a summary of the scope comments and rebuttal
responses submitted to the record for this final determination, along
with the accompanying discussion and analysis of all comments timely
received, see the Final Scope Decision Memorandum.\5\ As a result, we
have made changes to the scope of the investigations, including
additional clarifying language.
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\4\ See Memorandum, ``Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People's Republic of China: Preliminary Scope
Decision Memorandum,'' dated April 15, 2019.
\5\ See Memorandum, ``Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People's Republic of China: Final Scope Comments
Decision Memorandum,'' dated July 1, 2019 (Final Scope Decision
Memorandum).
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Final Affirmative Determination of Critical Circumstances
In the Preliminary Determination, Commerce preliminarily
determined, pursuant to section 733(e) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.206, that critical circumstances
exist with respect to imports of certain steel wheels from Changzhou
Chungang Machinery Co., Ltd. (Chungang Machinery), a non-individually
examined company receiving a separate rate, and the China-wide entity.
For this final determination, we continue to find that critical
circumstances exist for Chungang Machinery and the China-
[[Page 32708]]
wide entity, pursuant to section 735(a)(3) of the Act and 19 CFR
351.206. For a full description of the methodology and results of
Commerce's analysis, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding, other than those issues
related to scope, are discussed in the Issues and Decision Memorandum.
A list of the issues raised by parties and responded to by Commerce are
in the Issues and Decision Memorandum, is attached at Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
731 of the Act. Pursuant to section 776(a) and (b) of the Act, we have
relied upon facts otherwise available, with adverse inferences (AFA),
for the China-wide entity, which includes each of the three 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
assigned the highest margin alleged in the Petition of 44.35
percent.\6\ We find a single entity, Chungang Machinery, which was not
selected for individual examination in this investigation, to have
demonstrated eligibility for a separate rate. 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 continue
to find it appropriate to assign the simple average of the Petition
rates (i.e., 38.27 percent) to Chungang Machinery, the separate rate
applicant not individually examined. For a full description of the
methodology underlying Commerce's final determination, see the Issues
and Decision Memorandum.
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\6\ See Commerce's letter, ``Less-Than-Fair-Value Investigation
of Certain Steel Wheels 12 to 16.5 Inches in Diameter from the
People's Republic of China: Respondent Selection,'' dated October
11, 2018.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, we did not make
changes to the antidumping margin calculations set forth in the
Preliminary Determination.\7\ For a discussion of these comments, see
the Issues and Decision Memorandum.
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\7\ However, we note that the cash deposit rate listed in the
``Final Determination'' section, infra, changed from the Preliminary
Determination, as a result of the changes in the concurrent CVD
investigation.
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China-Wide Entity and Use of Adverse Facts Available
For the reasons explained in the Preliminary Determination, we
continue to find that the use of AFA, pursuant to sections 776(a) and
(b) of the Act, is appropriate and are applying a rate based entirely
on AFA to the China-wide entity.\8\ Commerce did not receive timely
responses to its quantity and value (Q&V) questionnaire, separate rate
applications, or separate rate supplemental questionnaires from certain
exporters and/or producers of subject merchandise that were named in
the petition and to which Commerce issued Q&V questionnaires.\9\
Sunrise, Xingmin, and Zhejiang Jingu, which were selected as a
mandatory respondents in this investigation, each indicated their
intent to withdraw participation from this investigation, and were thus
deemed non-responsive.\10\ As these non-responsive companies in China
did not demonstrate that they are eligible for separate rate status,
Commerce continues to consider them to be a part of the China-wide
entity. Consequently, we continue to find that the China-wide entity
withheld requested information, significantly impeded the proceeding,
and also failed to cooperate to the best of its ability, and thus we
are continuing to base the China-wide entity's rate on AFA.
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\8\ The China-wide entity includes mandatory respondents Xiamen
Sunrise Wheel Group Co., Ltd. (Sunrise), Xingmin Intelligent
Transportation System Co., Ltd. (Xingmin), and Zhejiang Jingu Co.,
Ltd. (Zhejiang Jingu).
\9\ See Preliminary Decision Memorandum at 13.
\10\ Id.
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China-Wide Rate
In selecting the AFA rate for the China-wide entity, Commerce's
practice is to select a rate that is sufficiently adverse to ensure
that the uncooperative party does not obtain a more favorable result by
failing to cooperate than if it had fully cooperated.\11\ Specifically,
it is Commerce's practice to select, as an AFA rate, the higher of: (a)
The highest dumping margin alleged in the petition; or, (b) the highest
calculated dumping margin of any respondent in the investigation.\12\
For the final determination, we are assigning the China-wide entity, as
AFA, the highest petition margin of 44.35 percent. We have corroborated
the dumping margin alleged in the Petition to the extent
practicable.\13\
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\11\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December
27, 2004), unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland,
70 FR 28279 (May 17, 2005).
\12\ See, e.g., Certain Stilbenic Optical Brightening Agents
from the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value: Cold-Rolled Flat-
Rolled Carbon Quality Steel Products from the People's Republic of
China, 65 FR 34660 (May 31, 2000), and accompanying Issues and
Decision Memorandum.
\13\ See Preliminary Decision Memorandum at 17.
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Combination Rates
In the Initiation Notice, Commerce stated that it would calculate
producer/exporter combination rates for the respondents that are
eligible for a separate rate in this investigation.\14\ For the final
determination, we continue to find that Chungang Machinery is eligible
for a separate rate. Pursuant to section 735(c)(5)(A) of the Act,
Commerce's practice is to assign to separate rate entities that were
not individually examined a rate equal to the weighted average of the
rates calculated for the individually examined respondents, excluding
any rates that are zero, de minimis, or based entirely on facts
available. Because we are determining the China-wide rate (of which the
mandatory respondents are a part) based entirely on AFA, we look to
section 735(c)(5)(B) of the Act for guidance and ``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) to the separate
rate applicant not individually examined.\15\ Thus, consistent with our
normal practice, we have assigned to the non-individually examined
separate-rate company, Chungang Machinery, the simple
[[Page 32709]]
average of the Petition rates, i.e., 38.27 percent.
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\14\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Initiation of Less-Than-Fair-Value
Investigations, 83 FR 45095 (September 5, 2018) (Initiation Notice),
and accompanying Initiation Checklist; see also Preliminary
Determination, 84 FR at 16644.
\15\ See Initiation Notice 83 FR at 45098 and accompanying
Initiation Checklist. Commerce revised the petitioner's calculated
petition margins so that the adjusted petition margins are 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.
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Final Determination
Commerce determines that the following weighted-average dumping
margins exist for the period January 1, 2018 through June 30, 2018:
------------------------------------------------------------------------
Cash deposit
Weighted- rate (adjusted
Exporter/producer average margin for subsidy
(percent) offsets)
(percent)
------------------------------------------------------------------------
Changzhou Chungang Machinery Co., Ltd... 38.27 16.57
China-Wide Entity....................... 44.35 22.65
------------------------------------------------------------------------
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,
Commerce has applied total 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. Therefore, there are no calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of certain steel wheels
from China, as described in Appendix I of this notice, from the
separate rate company, Chungang Machinery, and the China-wide entity,
including Sunrise, Xingmin, and Zhejiang Jingu, and, in accordance with
section 735(c)(4) of the Act, because we continue to find that critical
circumstances exist, we will instruct CBP to continue to suspend
liquidation of all appropriate entries of certain steel wheels from
China which were entered, or withdrawn from warehouse, for consumption
on or after January 22, 2019, which is 90 days prior to the date of
publication of the Preliminary Determination in the Federal Register.
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 CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce makes an affirmative determination for domestic subsidy
pass-through or export subsidies, Commerce offsets the calculated
estimated weighted-average dumping margin by the appropriate rate(s).
We have made an affirmative final determination for export subsidies
for certain respondents and all others in the companion CVD
investigation. However, suspension of liquidation for provisional
measures in the companion CVD case has been discontinued; therefore, we
are not instructing CBP to collect cash deposits based upon the
adjustment for those export subsidies at this time.
Pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce will
instruct CBP to require a cash deposit equal to the weighted-average
amount by which NV exceeds U.S. price as follows: (1) The cash deposit
rate for the exporter/producer combination listed in the table above
will be the rate identified for that combination in the table; (2) for
all combinations of exporters/producers of merchandise under
consideration that have not received their own separate rate above, the
cash-deposit rate will be the cash deposit rate established for the
China-wide entity; and (3) for all non-Chinese exporters of the
merchandise under consideration which have not received their own
separate rate above, the cash-deposit rate will be the cash deposit
rate applicable to the Chinese exporter/producer combination that
supplied that non-Chinese exporter. These suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
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, or sales (or the
likelihood of sales) for importation of certain steel wheels from China
no later than 45 days after our 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.
Administrative Protective Orders
This notice serves 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 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 violation subject to sanction.
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: July 1, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products subject to these investigations are 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,
[[Page 32710]]
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 these investigations. 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. This exclusion is limited to chrome wheels coated entirely
in chrome and produced through a chromium electroplating process,
and does not extend to wheels that have been finished with other
processes, including, but not limited to, Physical Vapor Deposition
(PVD);
(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 these investigations
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.
Attachment II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Affirmative Determination of Critical Circumstances
VI. Changes Since the Preliminary Determination
VII. Adjustments to Cash Deposit Rates for Export Subsidies
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Discussion of the Issues
Comment 1: Selection of the AFA Rate
Comment 2: Whether Critical Circumstances Exist
X. Recommendation
[FR Doc. 2019-14559 Filed 7-8-19; 8:45 am]
BILLING CODE 3510-DS-P
