Certain Steel Trailer Wheels 12 to 16.5 Inches From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders, 45952-45954 [2019-18937]
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45952
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
merchandise subject to antidumping
findings and orders.3
Commerce no longer considers the
non-market economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
reviews.4 Accordingly, the NME entity
will not be under review unless
Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity.5 In administrative
reviews of antidumping duty orders on
merchandise from NME countries where
a review of the NME entity has not been
initiated, but where an individual
exporter for which a review was
initiated does not qualify for a separate
rate, Commerce will issue a final
decision indicating that the company in
question is part of the NME entity.
However, in that situation, because no
review of the NME entity was
conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity). Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, Commerce will instruct
CBP to liquidate entries for all exporters
not named in the initiation notice,
including those that were suspended at
the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
website at https://access.trade.gov.6
Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request.
Commerce will publish in the Federal
Register a notice of ‘‘Initiation of
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation’’ for
khammond on DSKBBV9HB2PROD with NOTICES
3 See
also the Enforcement and Compliance
website at https://trade.gov/enforcement/.
4 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
5 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
6 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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requests received by the last day of
September 2019. If Commerce does not
receive, by the last day of September
2019, a request for review of entries
covered by an order, finding, or
suspended investigation listed in this
notice and for the period identified
above, Commerce will instruct CBP to
assess antidumping or countervailing
duties on those entries at a rate equal to
the cash deposit of estimated
antidumping or countervailing duties
required on those entries at the time of
entry, or withdrawal from warehouse,
for consumption and to continue to
collect the cash deposit previously
ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: August 19, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–18936 Filed 8–30–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–090, C–570–091]
Certain Steel Trailer Wheels 12 to 16.5
Inches From the People’s Republic of
China: Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) and countervailing duty (CVD)
orders on imports of certain steel wheels
12 to 16.5 inches in diameter (certain
steel wheels) from the People’s Republic
of China (China).
DATES: Applicable September 3, 2019.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane and Charles Doss at (202) 482–
5449 and (202) 482–4474, respectively
(AD), and Keith Haynes at 202–482–
5139 (CVD), AD/CVD Operations, Office
III, Enforcement and Compliance, U.S.
Department of Commerce, 1401
AGENCY:
PO 00000
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Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on July 9, 2019,
Commerce published its affirmative
final determination of sales at less than
fair value (LTFV) and affirmative
finding of critical circumstances in the
AD investigation of certain steel wheels
from China, and its affirmative final
determination that countervailable
subsidies are being provided to
producers and exporters of steel wheels
from China and affirmative finding of
critical circumstances.1 On August 22,
2019, the ITC notified Commerce of its
final affirmative determinations that an
industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of
certain steel wheels from China, within
the meaning of sections 705(b)(1)(A)(i)
and 735(b)(1)(A)(i) of the Act.2 The ITC
also notified Commerce of its negative
findings concerning critical
circumstances with regard to imports of
this product from China.3
Scope of the Orders
The products covered by these orders
are certain steel wheels 12 to 16.5
inches in diameter from China. For a
complete description of the scope of the
orders, see the appendix to this notice.
AD Order
On August 22, 2019, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of steel wheels from China that
are sold in the United States at LTFV.
Therefore, in accordance with section
735(c)(2) of the Act, we are issuing this
AD order. Because the ITC determined
that imports of certain steel wheels from
1 See Certain Steel Trailer 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, 84 FR
32707 (July 9, 2019) (AD Final Determination); see
also Certain Steel Trailer Wheels 12 to 16.5 Inches
in Diameter from the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination, and Final Affirmative
Determination of Critical Circumstances, 84 FR
32723 (July 9, 2019) (CVD Final Determination).
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated August 22, 2019 (ITC
Notification); see also Steel Trailer Wheels from
China, Inv. No. 701–TA–609 and 731–TA–1421
(USITC Publication 4943).
3 Id.
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03SEN1
45953
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
China are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from China entered, or
withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of certain steel wheels
from China. Antidumping duties will be
Continuation of Suspension of
Liquidation—AD
In accordance with section 736 of the
Act, we will instruct CBP to continue
the suspension of liquidation on entries
of certain steel wheels from China,
effective on the date of publication in
the Federal Register of the ITC’s final
affirmative injury determination. These
instructions suspending liquidation will
remain in effect until further notice.
We will also instruct CBP to require
cash deposits equal to the amount as
indicated below. Accordingly, effective
on the date of publication in the Federal
Register of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
the subject merchandise, a cash deposit
equal to the estimated weighted-average
dumping margins listed below. As
stated in the AD Final Determination,
Commerce made certain adjustments for
export subsidies from the CVD Final
Determination to the estimated
weighted-average dumping margins to
determine each of the cash deposit rates.
Weightedaverage
margin
(percent)
Exporter
Producer
Changzhou Chungang Machinery Co., Ltd ............
China-Wide Entity ...................................................
Changzhou Chungang Machinery Co., Ltd ...........
.................................................................................
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of certain steel wheels from
China, we will instruct CBP to lift
suspension and to refund any cash
deposits made to secure the payment of
estimated antidumping duties with
respect to entries of certain steel wheels
from China, entered, or withdrawn from
warehouse, for consumption on or after
January 22, 2019 (i.e., 90 days prior to
the date of publication of the AD
Preliminary Determination), but before
April 22, 2019 (i.e., the date of
publication of the AD Preliminary
Determination).
khammond on DSKBBV9HB2PROD with NOTICES
assessed on unliquidated entries of
certain steel wheels from China entered,
or withdrawn from warehouse, for
consumption on or after April 22, 2019,
the date of publication of the AD
Preliminary Determination.4
CVD Order
On August 22, 2019, in accordance
with section 705(d) of the Act, the ITC
notified Commerce of its final
determination that the industry in the
United States producing steel wheels is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by
reason of subsidized imports of steel
wheels from China.5 Therefore, in
accordance with section 705(c)(2) of the
Act, we are issuing this CVD order.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, Commerce
will direct CBP to assess, upon further
instruction by Commerce,
countervailing duties on unliquidated
4 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
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Jkt 247001
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
38.27
44.35
16.57
22.65
entries of subject merchandise from
China entered, or withdrawn from
warehouse, for consumption on or after
February 25, 2019, the date on which
Commerce published the CVD
Preliminary Determination 6 and before
June 25, 2019, the effective date on
which Commerce instructed CBP to
discontinue the suspension of
liquidation in accordance with section
703(d) of the Act. Section 703(d) of the
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than 120 days. Therefore,
entries of subject merchandise from
China made on or after June 25, 2019,
and prior to the date of publication of
the ITC’s final determination in the
Federal Register are not subject to the
assessment of countervailing duties due
to Commerce’s discontinuation of the
suspension of liquidation.
wheels in an amount based on the net
countervailable subsidy rates for the
subject merchandise. On or after the
date of publication of the ITC’s final
injury determination in the Federal
Register, Commerce will instruct CBP to
require, at the same time as importers
would normally deposit estimated
duties on the subject merchandise, a
cash deposit for each entry of subject
merchandise equal to the subsidy rates
listed below.7 The all-others rate applies
to all producers or exporters not
specifically listed below, as appropriate.
Suspension of Liquidation—CVD
Provisional Measures—CVD
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
of subject merchandise from China,
effective on the date of publication of
the ITC’s final affirmative injury
determination in the Federal Register,
and to assess, upon further instruction
by Commerce pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of certain steel
Section 703(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary
determination may not remain in effect
for more than four months. Commerce
published the affirmative Preliminary
Determination on February 25, 2019.
Therefore, the four-month period
beginning on the date of the publication
of the Preliminary Determination ended
on June 25, 2019.
16643 (April 22, 2019) (AD Preliminary
Determination).
5 See ITC Notification.
6 See Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China:
Preliminary Affirmative Countervailing Duty
Determination, 84 FR 5989 (February 25, 2019)
(CVD Preliminary Determination).
7 See section 706(a)(3) of the Act.
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Producer/exporter
Xingmin Intelligent Transportation Systems (Group) .....
Zhejiang Jingu Company
Limited ...............................
All Others ..............................
E:\FR\FM\03SEN1.SGM
03SEN1
Subsidy rate
(percent)
386.45
388.31
387.38
45954
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
Therefore, in accordance with section
733(d) of the Act, Commerce instructed
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of certain steel
wheels from China entered, or
withdrawn from warehouse, for
consumption on or after June 25, 2019,
the date on which the provisional
measures expired, through the day
preceding the date of publication of the
ITC Final Determinations in the Federal
Register. Suspension of liquidation will
resume on the date of publication of the
ITC Final Determination in the Federal
Register.
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of certain steel wheels from
China, we will instruct CBP to lift
suspension and to refund any cash
deposits made to secure the payment of
estimated countervailing duties with
respect to entries of certain steel wheels
from China, entered, or withdrawn from
warehouse, for consumption on or after
November 27, 2018 (i.e., 90 days prior
to the date of publication of the CVD
Preliminary Determination), but before
February 25, 2019 (i.e., the date of
publication of the CVD Preliminary
Determination).8
Notification to Interested Parties
This notice constitutes the AD and
CVD orders with respect to certain steel
wheels from China pursuant to sections
706(a) and 736(a) of the Act. Interested
parties can find a list of orders currently
in effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are published in
accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: August 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
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Scope of the Orders
The products subject to these orders 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, including, inter
8 See
CVD Preliminary Determination.
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16:24 Aug 30, 2019
Jkt 247001
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-theroad 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 orders.
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 orders
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
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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 orders 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.
[FR Doc. 2019–18937 Filed 8–30–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce)
and the International Trade Commission
automatically initiate and conduct
reviews to determine whether
revocation of a countervailing or
antidumping duty order or termination
of an investigation suspended under
section 704 or 734 of the Act would be
likely to lead to continuation or
recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Upcoming Sunset Reviews for October
2019
Pursuant to section 751(c) of the Act,
the following Sunset Reviews are
scheduled for initiation in October 2019
and will appear in that month’s Notice
of Initiation of Five-Year Sunset Reviews
(Sunset Review).
E:\FR\FM\03SEN1.SGM
03SEN1
]]>Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 45952-45954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18937]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-090, C-570-091]
Certain Steel Trailer Wheels 12 to 16.5 Inches From the People's
Republic of China: Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty (AD) and countervailing duty (CVD)
orders on imports of certain steel wheels 12 to 16.5 inches in diameter
(certain steel wheels) from the People's Republic of China (China).
DATES: Applicable September 3, 2019.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane and Charles Doss at (202)
482-5449 and (202) 482-4474, respectively (AD), and Keith Haynes at
202-482-5139 (CVD), AD/CVD Operations, Office III, Enforcement and
Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on July 9, 2019, Commerce published its
affirmative final determination of sales at less than fair value (LTFV)
and affirmative finding of critical circumstances in the AD
investigation of certain steel wheels from China, and its affirmative
final determination that countervailable subsidies are being provided
to producers and exporters of steel wheels from China and affirmative
finding of critical circumstances.\1\ On August 22, 2019, the ITC
notified Commerce of its final affirmative determinations that an
industry in the United States is materially injured by reason of LTFV
imports and subsidized imports of certain steel wheels from China,
within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of
the Act.\2\ The ITC also notified Commerce of its negative findings
concerning critical circumstances with regard to imports of this
product from China.\3\
---------------------------------------------------------------------------
\1\ See Certain Steel Trailer 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, 84 FR 32707
(July 9, 2019) (AD Final Determination); see also Certain Steel
Trailer Wheels 12 to 16.5 Inches in Diameter from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, and Final Affirmative Determination of Critical
Circumstances, 84 FR 32723 (July 9, 2019) (CVD Final Determination).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated August 22, 2019 (ITC Notification); see also
Steel Trailer Wheels from China, Inv. No. 701-TA-609 and 731-TA-1421
(USITC Publication 4943).
\3\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are certain steel wheels 12 to
16.5 inches in diameter from China. For a complete description of the
scope of the orders, see the appendix to this notice.
AD Order
On August 22, 2019, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of steel wheels
from China that are sold in the United States at LTFV. Therefore, in
accordance with section 735(c)(2) of the Act, we are issuing this AD
order. Because the ITC determined that imports of certain steel wheels
from
[[Page 45953]]
China are materially injuring a U.S. industry, unliquidated entries of
such merchandise from China entered, or withdrawn from warehouse, for
consumption are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of certain steel wheels from China. Antidumping duties
will be assessed on unliquidated entries of certain steel wheels from
China entered, or withdrawn from warehouse, for consumption on or after
April 22, 2019, the date of publication of the AD Preliminary
Determination.\4\
---------------------------------------------------------------------------
\4\ 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) (AD Preliminary Determination).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation--AD
In accordance with section 736 of the Act, we will instruct CBP to
continue the suspension of liquidation on entries of certain steel
wheels from China, effective on the date of publication in the Federal
Register of the ITC's final affirmative injury determination. These
instructions suspending liquidation will remain in effect until further
notice.
We will also instruct CBP to require cash deposits equal to the
amount as indicated below. Accordingly, effective on the date of
publication in the Federal Register of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit equal to the estimated weighted-average dumping margins
listed below. As stated in the AD Final Determination, Commerce made
certain adjustments for export subsidies from the CVD Final
Determination to the estimated weighted-average dumping margins to
determine each of the cash deposit rates.
----------------------------------------------------------------------------------------------------------------
Cash deposit rate
Weighted- average (adjusted for
Exporter Producer margin (percent) subsidy offsets)
(percent)
----------------------------------------------------------------------------------------------------------------
Changzhou Chungang Machinery Co., Ltd...... Changzhou Chungang Machinery 38.27 16.57
Co., Ltd.
China-Wide Entity.......................... ............................. 44.35 22.65
----------------------------------------------------------------------------------------------------------------
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of certain steel wheels from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated antidumping duties with respect to
entries of certain steel wheels from China, entered, or withdrawn from
warehouse, for consumption on or after January 22, 2019 (i.e., 90 days
prior to the date of publication of the AD Preliminary Determination),
but before April 22, 2019 (i.e., the date of publication of the AD
Preliminary Determination).
CVD Order
On August 22, 2019, in accordance with section 705(d) of the Act,
the ITC notified Commerce of its final determination that the industry
in the United States producing steel wheels is materially injured
within the meaning of section 705(b)(1)(A)(i) of the Act by reason of
subsidized imports of steel wheels from China.\5\ Therefore, in
accordance with section 705(c)(2) of the Act, we are issuing this CVD
order.
---------------------------------------------------------------------------
\5\ See ITC Notification.
---------------------------------------------------------------------------
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, Commerce will direct CBP to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after February 25, 2019, the date on
which Commerce published the CVD Preliminary Determination \6\ and
before June 25, 2019, the effective date on which Commerce instructed
CBP to discontinue the suspension of liquidation in accordance with
section 703(d) of the Act. Section 703(d) of the Act states that the
suspension of liquidation pursuant to a preliminary determination may
not remain in effect for more than 120 days. Therefore, entries of
subject merchandise from China made on or after June 25, 2019, and
prior to the date of publication of the ITC's final determination in
the Federal Register are not subject to the assessment of
countervailing duties due to Commerce's discontinuation of the
suspension of liquidation.
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\6\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination, 84 FR 5989 (February 25, 2019)
(CVD Preliminary Determination).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
from China, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of certain
steel wheels in an amount based on the net countervailable subsidy
rates for the subject merchandise. On or after the date of publication
of the ITC's final injury determination in the Federal Register,
Commerce will instruct CBP to require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit for each entry of subject merchandise equal to the subsidy
rates listed below.\7\ The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
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\7\ See section 706(a)(3) of the Act.
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Subsidy rate
Producer/exporter (percent)
------------------------------------------------------------------------
Xingmin Intelligent Transportation Systems (Group)...... 386.45
Zhejiang Jingu Company Limited.......................... 388.31
All Others.............................................. 387.38
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the affirmative
Preliminary Determination on February 25, 2019. Therefore, the four-
month period beginning on the date of the publication of the
Preliminary Determination ended on June 25, 2019.
[[Page 45954]]
Therefore, in accordance with section 733(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of certain steel wheels from China entered, or withdrawn from
warehouse, for consumption on or after June 25, 2019, the date on which
the provisional measures expired, through the day preceding the date of
publication of the ITC Final Determinations in the Federal Register.
Suspension of liquidation will resume on the date of publication of the
ITC Final Determination in the Federal Register.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of certain steel wheels from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated countervailing duties with respect to
entries of certain steel wheels from China, entered, or withdrawn from
warehouse, for consumption on or after November 27, 2018 (i.e., 90 days
prior to the date of publication of the CVD Preliminary Determination),
but before February 25, 2019 (i.e., the date of publication of the CVD
Preliminary Determination).\8\
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\8\ See CVD Preliminary Determination.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
certain steel wheels from China pursuant to sections 706(a) and 736(a)
of the Act. Interested parties can find a list of orders currently in
effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: August 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The products subject to these orders 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, 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 orders. 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 orders 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 orders 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.
[FR Doc. 2019-18937 Filed 8-30-19; 8:45 am]
BILLING CODE 3510-DS-P
