Certain Steel Wheels (12-16.5 Inches Diameter) From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Intent To Rescind in Part; 2019, 36250-36252 [2021-14638]
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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices
private universities, and state
government.
Number of Respondents: 1,126.
Frequency of Responses: Reporting.
Total Burden Hours: 6,330.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2021–14672 Filed 7–8–21; 8:45 am]
BILLING CODE 3410–34–P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meetings of the
Tennessee Advisory Committee
AGENCY:
Agenda
U.S. Commission on Civil
Rights.
ACTION:
Announcement of meeting.
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act that
the Tennessee Advisory Committee
(Committee) will hold a meeting via
web-conference on Thursday, July 15,
2021, at 12:00 p.m. Central Time. The
purpose of the meeting is for the
committee to discuss proposed civil
rights topics of study.
DATES: The meetings will be held on:
• Thursday, July 15, 2021, at 12:00 p.m.
Central Time—https://
civilrights.webex.com/civilrights/
j.php?MTID=m992749f83df222
cdaaa858ecac88662f or Join by
phone: 800–360–9505 USA Toll Free
Access code: 1992 414 037
FOR FURTHER INFORMATION CONTACT:
David Barreras, Designated Federal
Officer, at dbarreras@usccr.gov or (202)
499–4066.
SUPPLEMENTARY INFORMATION: Members
of the public may listen to this
discussion through the above call-in
number. An open comment period will
be provided to allow members of the
public to make a statement as time
allows. Callers can expect to incur
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jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:01 Jul 08, 2021
Jkt 253001
emailed to David Barreras at dbarreras@
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Records generated from this meeting
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under the Commission on Civil Rights,
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Persons interested in the work of this
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Regional Programs Unit at the above
email or street address.
I. Welcome & Roll Call
II. Chair’s Comments
III. Committee Discussion
IV. Next Steps
V. Public Comment
VI. Adjournment
Dated: July 6, 2021.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2021–14660 Filed 7–8–21; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–091]
Certain Steel Wheels (12–16.5 Inches
Diameter) From the People’s Republic
of China: Preliminary Results of
Countervailing Duty Administrative
Review, Rescission in Part, and Intent
To Rescind in Part; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain steel wheels (12–16.5 inches
diameter) (certain steel wheels) from the
People’s Republic of China (China)
during the February 25, 2019, through
December 31, 2019, period of review
(POR). Interested parties are invited to
comment on these preliminary results.
DATES: Applicable July 9, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On September 1, 2020, Commerce
published a notice of opportunity to
request administrative review of the
countervailing duty (CVD) Order 1
covering the period February 25, 2019,
through December 31, 2019.2 Several
interested parties requested that
Commerce conduct an administrative
review of the Order and, on February 6,
2021, Commerce published in the
Federal Register a notice of initiation of
an administrative review Order in
relation to five parties.3 On January 14,
2020, Commerce selected Xingmin
Intelligent Transportation Systems
(Group) and Zhejiang Jingu Company
Limited (Zhejiang Jingu) as the
mandatory respondents in this
administrative review.4
Subsequent to Commerce’s selection
of mandatory respondents, the sole
requests of the mandatory respondents
were withdrawn.5 On February 12,
2021, Commerce selected Xiamen Topu
Imports & Export Co., Ltd (Xiamen
Topu) as a replacement mandatory
respondent, and on April 22, 2021, we
selected Shanghai Yata Industry
Company Limited (Shanghai Yata) as an
additional mandatory respondent in this
administrative review.6 On May 6, 2021,
Zhejiang Jingu and Shanghai Yata
withdrew from participation in this
administrative review.7 On May 27,
1 See Certain Steel Trailer Wheels 12 to 16.5
Inches from the People’s Republic of China:
Antidumping Duty and Countervailing Duty Orders,
84 FR 45952 (September 3, 2019) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 54349
(September 1, 2020).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
68840 (October 30, 2020) (Initiation Notice).
4 See Memorandum, ‘‘Respondent Selection,’’
dated January 14, 2021.
5 See Trailstar’s Letter, ‘‘Withdrawal of Request
for Administrative Review of the Countervailing
Duty Order on Certain Steel Wheels 12 to 16.5
Inches in Diameter from the People Republic of
China,’’ dated January 28, 2021.
6 See Memorandum, ‘‘Respondent Selection:
Selection of Replacement Mandatory Respondent,’’
dated February 12, 2021; see also Memorandum,
‘‘Respondent Selection: Selection of Replacement
Mandatory Respondent,’’ dated April 22, 2021.
7 See Zhejiang Jingu’s Letter, ‘‘Notice Regarding
Participation in Administrative Review,’’ dated May
6, 2021. In the investigation, Commerce found that
Shanghai Yata was affiliated through crossownership with Zhejiang Jingu. Commerce also
determined that four other Chinese companies were
cross-owned with Zhejiang Jingu: Shangdong Jingu
Auto Parts Co., Ltd.; An’Gang Jingu (Hangzhou)
Metal Materials Co., Ltd.; Zhejiang Wheel World
Co., Ltd.; and Hangzhou Jingu New Energy
Development Co. Ltd. See Certain Steel 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), and accompanying Issues and
Decisions Memorandum.
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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices
2021, Commerce extended the deadline
for the preliminary results of this review
by 30 days.8 Accordingly, the deadline
for the preliminary results of this review
was extended to July 2, 2021.
For events that occurred since the
Initiation Notice, see the Preliminary
Decision Memorandum.9 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Scope of the Order
The products covered by the Order
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. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). In
reaching these preliminary results,
Commerce relied on facts otherwise
available, with the application of
adverse inferences.10 For further
information, see ‘‘Use of Facts
Otherwise Available and Application of
Adverse Inferences’’ in the
accompanying Preliminary Decision
Memorandum.
jbell on DSKJLSW7X2PROD with NOTICES
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. We received a
timely withdrawal of the requests for
review, for which no other parties
8 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of Countervailing Duty
Administrative Review; 2019,’’ dated May 27, 2021.
9 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on Certain
Steel Wheels (12–16.5 inches diameter) from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
10 See section 776 of the Act.
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requested a review, for Xingmin
Intelligent Transportation Systems
(Group) (Xingmin Intelligent).11
Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order with respect to
this company.
Intent To Rescind Administrative
Review, in Part
It is Commerce’s practice to rescind
an administrative review of a
countervailing duty order, pursuant to
19 CFR 351.213(d)(3), when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.12 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.13 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct CBP to liquidate
at the calculated countervailing duty
assessment rate calculated for the
review period.14
According to the CBP import data,
one of the five companies subject to this
review, Hangzhou Antego Industry Co.
Ltd, which was not chosen as a
mandatory respondent and for which its
request for review was not withdrawn,
did not have reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.
Accordingly, in the absence of
reviewable, suspended entries of subject
merchandise during the POR by
Hangzhou Antego Industry Co. Ltd, we
intend to rescind this administrative
review, with respect to Hangzhou
Antego Industry Co. Ltd, in accordance
with 19 CFR 351.213(d)(3).
Use of Facts Otherwise Available and
Application of Adverse Inferences
Subsequent to the initiation of this
administrative review, Commerce
issued initial questionnaires to the
Government of China (GOC) dated
January 21, 2021, February 16, 2021 and
April 22, 2021, with a request for the
11 See TTT’s Letter, ‘‘Withdrawal of Request for
Administrative Review of the Countervailing Duty
Order on Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People Republic of China,’’ dated
January 15, 2021.
12 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); see also Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
13 See 19 CFR 351.212(b)(2).
14 See 19 CFR 351.213(d)(3).
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36251
GOC to forward the questionnaires to
the respondents.15 The GOC, Shanghai
Yata, and Xiamen Topu failed to
respond to the questionnaire by the
specified deadlines. Therefore, because
necessary information is not available
on the record and because Shanghai
Yata, Xiamen Topu, and the GOC failed
to respond to Commerce’s request for
information, we preliminarily find that
the use of facts available is warranted,
pursuant to sections 776(a)(1) and
776(a)(2)(A), (B) and (C) of the Tariff Act
of 1930, as amended (the Act).
Moreover, because Shanghai Yata,
Xiamen Topu, and the GOC did not
cooperate to the best of their ability,
pursuant to 776(b) of the Act, we
preliminarily find that use of adverse
facts available (AFA) is warranted to
ensure that Shanghai Yata and Xiamen
Topu do not obtain a more favorable
result by failing to cooperate than if they
had fully complied with our requests for
information.
In the investigation, we determined
that Shanghai Yata was cross-owned
with Zhejiang Jingu during the periods
of time relevant to the investigation.16
Since the record of this administrative
review contains no factual information
that would lead Commerce to reconsider
this cross-ownership determination, we
preliminarily determine that Shanghai
Yata remained cross-owned with
Zhejiang Jingu during the POR.
Accordingly, Zhejiang Jingu and its
cross-owned companies, including
Shanghai Yata are subject to the AFA
15 See Commerce’s Letter, ‘‘Countervailing Duty
Questionnaire,’’ dated January 21, 2021 (Initial
Questionnaire); see also Commerce’s Letter,
‘‘Selection of Replacement Mandatory
Respondent,’’ dated February 16, 2021; and
Commerce’s Letter, ‘‘Selection of Additional
Replacement Respondent,’’ dated April 22, 2021. In
its letter to the GOC, Commerce established the
deadlines of March 2, 2021 for the Section III
response identifying affiliated companies, and of
March 25, 2021 for the remainder of Section III and
the GOC’s responses to the remainder of the Initial
Questionnaire.
16 See Certain Steel 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), and
accompanying Issues and Decisions Memorandum
(IDM). During the CVD investigation of certain steel
wheels from China, Commerce determined that
Zhejiang Jingu and Shanghai Yata were crossowned companies. While the company that
requested a review of Zhejiang Jingu withdrew its
request for Zhejiang Jingu, Shanghai Yata remained
in the administrative review because the company
that filed a request for review of Shanghai Yata did
not withdraw its request for review. Thus, because
Shanghai Yata was still subject to the
administrative review, we issued an initial
questionnaire to Shanghai Yata. All cross-owned
companies of Shanghai Yata were required to file
a response to the questionnaire, including Zhejiang
Jingu, if the companies remain cross-owned during
the POR.
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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices
rate. For further information, see ‘‘Use
of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.17
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
Preliminary Results of Review
shown above for the companies shown
above. Upon completion of the
Net
administrative review, consistent with
subsidy
section 751(a)(1) of the Act and 19 CFR
Company
rate ad
351.212(b)(2) Commerce shall
valoreum
(percent)
determine, and CBP shall assess,
countervailing duties on all appropriate
Zhejiang Jingu Company Limited
entries covered by this review. For the
and Shanghai Yata Industry
Company Limited 18 ................
388.31 companies for which this review is
rescinded, Commerce will instruct CBP
Xiamen Topu Imports & Export
Co., Ltd ...................................
388.31 to assess countervailing duties on all
appropriate entries at a rate equal to the
cash deposit of estimated countervailing
Disclosure
duties required at the time of entry, or
Normally, Commerce discloses to
withdrawal from warehouse, for
interested parties the calculations
consumption, during the period
performed in connection with the
February 25, 2019 through December 31,
preliminary results of a review within
2019, in accordance with 19 CFR
ten days of its public announcement, or
351.212(c)(l)(i).
if there is no public announcement,
Commerce intends to issue
within five days of the date of
assessment
instructions to CBP no
publication of the notice of preliminary
earlier than 35 days after the date of
results in the Federal Register, in
publication of the final results of this
accordance with 19 CFR 351.224(b).
review in the Federal Register. If a
However, because Commerce
timely summons is filed at the U.S.
preliminarily applied AFA to the three
Court of International Trade, the
companies that remain in the
assessment instructions will direct CBP
administrative review, in accordance
with section 776 of the Act, and because not to liquidate relevant entries until the
time for parties to file a request for a
our calculation of the AFA subsidy rate
statutory injunction has expired (i.e.,
is outlined in the Preliminary Decision
19
within 90 days of publication).
Memorandum, there are no further
calculations to disclose.
Cash Deposit Requirements
Public Comment
Interested parties may submit case
briefs no later than 30 days after the
date of publication of these preliminary
results of review.20 Rebuttals to case
briefs may be filed no later than seven
days after the case briefs are filed, and
all rebuttal comments must be limited to
comments raised in the case briefs.21
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.22
jbell on DSKJLSW7X2PROD with NOTICES
17 See
Preliminary Decision Memorandum at 5.
18 In the investigation, we found that Zhejiang
Jingu was cross-owned with An Gang Jingu
(Hangzhou) Metal Materials Co., Ltd.; Hangzhou
Jingu New Energy Development Co. Ltd.;
Shangdong Jingu Auto Parts Co., Ltd.; Zhejiang
Jingu Automobile Components; Zhejiang Wheel
World Co., Ltd.; and Shanghai Yata Industry
Company Limited. There is no information on the
record of this administrative review that would lead
Commerce to reconsider that determination,
therefore, we preliminarily continue to find these
companies cross-owned.
19 Id.
20 See 19 CFR 351.309(c).
21 See 19 CFR 351.309(d).
22 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
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17:01 Jul 08, 2021
Jkt 253001
In accordance with section 751(a)(1)
of the Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits at the
most recent company-specific or allothers rate applicable to the company.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Dated: July 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Intent To Rescind Administrative Review,
In Part
IV. Partial Rescission of Administrative
Review
V. Scope of the Order
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
a. Legal Standard
b. Application of AFA to the GOC and
Non-Responsive Mandatory Respondents
Shanghai Yata Xiamen Topu, and
Zhejiang Jingu
c. Selection of the AFA Rates
VII. Conclusion
[FR Doc. 2021–14638 Filed 7–8–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–020, C–570–021]
Melamine From the People’s Republic
of China: Continuation of Antidumping
and Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) and the International Trade
Commission (ITC) have determined that
revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on melamine from the People’s
Republic of China (China) would likely
lead to continuation or recurrence of
dumping, net countervailable subsidies,
and material injury to an industry in the
United States. Therefore, Commerce is
publishing a notice of continuation of
these AD and CVD orders.
SUMMARY:
DATES:
Applicable July 9, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Smith, 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) 482–2181.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2015, Commerce
published in the Federal Register the
AD and CVD orders on melamine from
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Agencies
[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36250-36252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14638]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-091]
Certain Steel Wheels (12-16.5 Inches Diameter) From the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review, Rescission in Part, and Intent To Rescind in
Part; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of certain steel wheels (12-16.5 inches diameter) (certain
steel wheels) from the People's Republic of China (China) during the
February 25, 2019, through December 31, 2019, period of review (POR).
Interested parties are invited to comment on these preliminary results.
DATES: Applicable July 9, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane, 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.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2020, Commerce published a notice of opportunity to
request administrative review of the countervailing duty (CVD) Order
\1\ covering the period February 25, 2019, through December 31,
2019.\2\ Several interested parties requested that Commerce conduct an
administrative review of the Order and, on February 6, 2021, Commerce
published in the Federal Register a notice of initiation of an
administrative review Order in relation to five parties.\3\ On January
14, 2020, Commerce selected Xingmin Intelligent Transportation Systems
(Group) and Zhejiang Jingu Company Limited (Zhejiang Jingu) as the
mandatory respondents in this administrative review.\4\
---------------------------------------------------------------------------
\1\ See Certain Steel Trailer Wheels 12 to 16.5 Inches from the
People's Republic of China: Antidumping Duty and Countervailing Duty
Orders, 84 FR 45952 (September 3, 2019) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 54349 (September 1, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection,'' dated January 14,
2021.
---------------------------------------------------------------------------
Subsequent to Commerce's selection of mandatory respondents, the
sole requests of the mandatory respondents were withdrawn.\5\ On
February 12, 2021, Commerce selected Xiamen Topu Imports & Export Co.,
Ltd (Xiamen Topu) as a replacement mandatory respondent, and on April
22, 2021, we selected Shanghai Yata Industry Company Limited (Shanghai
Yata) as an additional mandatory respondent in this administrative
review.\6\ On May 6, 2021, Zhejiang Jingu and Shanghai Yata withdrew
from participation in this administrative review.\7\ On May 27,
[[Page 36251]]
2021, Commerce extended the deadline for the preliminary results of
this review by 30 days.\8\ Accordingly, the deadline for the
preliminary results of this review was extended to July 2, 2021.
---------------------------------------------------------------------------
\5\ See Trailstar's Letter, ``Withdrawal of Request for
Administrative Review of the Countervailing Duty Order on Certain
Steel Wheels 12 to 16.5 Inches in Diameter from the People Republic
of China,'' dated January 28, 2021.
\6\ See Memorandum, ``Respondent Selection: Selection of
Replacement Mandatory Respondent,'' dated February 12, 2021; see
also Memorandum, ``Respondent Selection: Selection of Replacement
Mandatory Respondent,'' dated April 22, 2021.
\7\ See Zhejiang Jingu's Letter, ``Notice Regarding
Participation in Administrative Review,'' dated May 6, 2021. In the
investigation, Commerce found that Shanghai Yata was affiliated
through cross-ownership with Zhejiang Jingu. Commerce also
determined that four other Chinese companies were cross-owned with
Zhejiang Jingu: Shangdong Jingu Auto Parts Co., Ltd.; An'Gang Jingu
(Hangzhou) Metal Materials Co., Ltd.; Zhejiang Wheel World Co.,
Ltd.; and Hangzhou Jingu New Energy Development Co. Ltd. See Certain
Steel 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), and accompanying Issues
and Decisions Memorandum.
\8\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of Countervailing Duty Administrative Review; 2019,'' dated
May 27, 2021.
---------------------------------------------------------------------------
For events that occurred since the Initiation Notice, see the
Preliminary Decision Memorandum.\9\ A list of topics discussed in the
Preliminary Decision Memorandum is included in the appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Steel Wheels (12-16.5 inches diameter) from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order 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. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). In reaching these preliminary results, Commerce relied on facts
otherwise available, with the application of adverse inferences.\10\
For further information, see ``Use of Facts Otherwise Available and
Application of Adverse Inferences'' in the accompanying Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\10\ See section 776 of the Act.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. We received a timely
withdrawal of the requests for review, for which no other parties
requested a review, for Xingmin Intelligent Transportation Systems
(Group) (Xingmin Intelligent).\11\ Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to this company.
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\11\ See TTT's Letter, ``Withdrawal of Request for
Administrative Review of the Countervailing Duty Order on Certain
Steel Wheels 12 to 16.5 Inches in Diameter from the People Republic
of China,'' dated January 15, 2021.
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Intent To Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\12\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\13\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the calculated countervailing duty
assessment rate calculated for the review period.\14\
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\12\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\13\ See 19 CFR 351.212(b)(2).
\14\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, one of the five companies subject
to this review, Hangzhou Antego Industry Co. Ltd, which was not chosen
as a mandatory respondent and for which its request for review was not
withdrawn, did not have reviewable entries of subject merchandise
during the POR for which liquidation is suspended. Accordingly, in the
absence of reviewable, suspended entries of subject merchandise during
the POR by Hangzhou Antego Industry Co. Ltd, we intend to rescind this
administrative review, with respect to Hangzhou Antego Industry Co.
Ltd, in accordance with 19 CFR 351.213(d)(3).
Use of Facts Otherwise Available and Application of Adverse Inferences
Subsequent to the initiation of this administrative review,
Commerce issued initial questionnaires to the Government of China (GOC)
dated January 21, 2021, February 16, 2021 and April 22, 2021, with a
request for the GOC to forward the questionnaires to the
respondents.\15\ The GOC, Shanghai Yata, and Xiamen Topu failed to
respond to the questionnaire by the specified deadlines. Therefore,
because necessary information is not available on the record and
because Shanghai Yata, Xiamen Topu, and the GOC failed to respond to
Commerce's request for information, we preliminarily find that the use
of facts available is warranted, pursuant to sections 776(a)(1) and
776(a)(2)(A), (B) and (C) of the Tariff Act of 1930, as amended (the
Act). Moreover, because Shanghai Yata, Xiamen Topu, and the GOC did not
cooperate to the best of their ability, pursuant to 776(b) of the Act,
we preliminarily find that use of adverse facts available (AFA) is
warranted to ensure that Shanghai Yata and Xiamen Topu do not obtain a
more favorable result by failing to cooperate than if they had fully
complied with our requests for information.
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\15\ See Commerce's Letter, ``Countervailing Duty
Questionnaire,'' dated January 21, 2021 (Initial Questionnaire); see
also Commerce's Letter, ``Selection of Replacement Mandatory
Respondent,'' dated February 16, 2021; and Commerce's Letter,
``Selection of Additional Replacement Respondent,'' dated April 22,
2021. In its letter to the GOC, Commerce established the deadlines
of March 2, 2021 for the Section III response identifying affiliated
companies, and of March 25, 2021 for the remainder of Section III
and the GOC's responses to the remainder of the Initial
Questionnaire.
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In the investigation, we determined that Shanghai Yata was cross-
owned with Zhejiang Jingu during the periods of time relevant to the
investigation.\16\ Since the record of this administrative review
contains no factual information that would lead Commerce to reconsider
this cross-ownership determination, we preliminarily determine that
Shanghai Yata remained cross-owned with Zhejiang Jingu during the POR.
Accordingly, Zhejiang Jingu and its cross-owned companies, including
Shanghai Yata are subject to the AFA
[[Page 36252]]
rate. For further information, see ``Use of Facts Otherwise Available
and Adverse Inferences'' in the Preliminary Decision Memorandum.\17\
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\16\ See Certain Steel 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), and accompanying Issues
and Decisions Memorandum (IDM). During the CVD investigation of
certain steel wheels from China, Commerce determined that Zhejiang
Jingu and Shanghai Yata were cross-owned companies. While the
company that requested a review of Zhejiang Jingu withdrew its
request for Zhejiang Jingu, Shanghai Yata remained in the
administrative review because the company that filed a request for
review of Shanghai Yata did not withdraw its request for review.
Thus, because Shanghai Yata was still subject to the administrative
review, we issued an initial questionnaire to Shanghai Yata. All
cross-owned companies of Shanghai Yata were required to file a
response to the questionnaire, including Zhejiang Jingu, if the
companies remain cross-owned during the POR.
\17\ See Preliminary Decision Memorandum at 5.
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Preliminary Results of Review
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Net
subsidy
Company rate ad
valoreum
(percent)
------------------------------------------------------------------------
Zhejiang Jingu Company Limited and Shanghai Yata Industry 388.31
Company Limited \18\.......................................
Xiamen Topu Imports & Export Co., Ltd....................... 388.31
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Disclosure
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\18\ In the investigation, we found that Zhejiang Jingu was
cross-owned with An Gang Jingu (Hangzhou) Metal Materials Co., Ltd.;
Hangzhou Jingu New Energy Development Co. Ltd.; Shangdong Jingu Auto
Parts Co., Ltd.; Zhejiang Jingu Automobile Components; Zhejiang
Wheel World Co., Ltd.; and Shanghai Yata Industry Company Limited.
There is no information on the record of this administrative review
that would lead Commerce to reconsider that determination,
therefore, we preliminarily continue to find these companies cross-
owned.
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Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results of a review within
ten days of its public announcement, or if there is no public
announcement, within five days of the date of publication of the notice
of preliminary results in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce preliminarily applied AFA to
the three companies that remain in the administrative review, in
accordance with section 776 of the Act, and because our calculation of
the AFA subsidy rate is outlined in the Preliminary Decision
Memorandum,\19\ there are no further calculations to disclose.
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\19\ Id.
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\20\ Rebuttals to case briefs may be filed no later than seven
days after the case briefs are filed, and all rebuttal comments must be
limited to comments raised in the case briefs.\21\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\22\
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\20\ See 19 CFR 351.309(c).
\21\ See 19 CFR 351.309(d).
\22\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the companies
shown above. Upon completion of the administrative review, consistent
with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2) Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. For the companies for which
this review is rescinded, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
February 25, 2019 through December 31, 2019, in accordance with 19 CFR
351.212(c)(l)(i).
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respective companies listed above on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review. For all non-reviewed firms, we will instruct CBP
to continue to collect cash deposits at the most recent company-
specific or all-others rate applicable to the company. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: July 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Intent To Rescind Administrative Review, In Part
IV. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
a. Legal Standard
b. Application of AFA to the GOC and Non-Responsive Mandatory
Respondents Shanghai Yata Xiamen Topu, and Zhejiang Jingu
c. Selection of the AFA Rates
VII. Conclusion
[FR Doc. 2021-14638 Filed 7-8-21; 8:45 am]
BILLING CODE 3510-DS-P