Certain Steel Wheels From the People's Republic of China: Notice of Covered Merchandise Referral, 38270-38272 [2021-15415]
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38270
Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices
of the administrative review of the
countervailing duty order on ripe olives
from Spain covering the period
November 28, 2017 through December
31, 2018.4 We failed to include
Camacho’s cross-owned affiliates in the
notice. We are correcting the Final
Results to clarify that the
countervailable subsidy rate for
Camacho also applies to its cross-owned
affiliates: Grupo Angel Camacho
Alimentacı´on, Cuarterola S.L., and
Cucanoche S.L.
Notification to Interested Parties
This notice is issued and published in
accordance with section 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended.
Dated: July 14, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2021–15416 Filed 7–19–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–082, C–570–083]
Certain Steel Wheels From the
People’s Republic of China: Notice of
Covered Merchandise Referral
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and
Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce)
received a covered merchandise referral
from U.S. Customs and Border
Protection (CBP) in connection with a
CBP EAPA investigation concerning the
antidumping duty (AD) and
countervailing duty (CVD) orders on
certain steel wheels from the People’s
Republic of China (China). In
accordance with EAPA, Commerce
intends to determine whether the
merchandise subject to the referral is
covered by the scope of these orders and
promptly transmit its determination to
CBP. Commerce is providing notice of
the referral and inviting participation
from interested parties.
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AGENCY:
Olives From Spain: Preliminary Results of
Countervailing Duty Administrative Review; 2017–
2018, 85 FR 84294 (December 28, 2020), and
accompanying Preliminary Decision Memorandum
at ‘‘Attribution of Subsidies’’; see also Final Results
IDM at ‘‘Attribution of Subsidies.’’
3 This rate applies to merchandise produced and/
or exported by Camacho or its cross-owned
companies: Grupo Angel Camacho Alimentacı´on,
Cuarterola S.L., and Cucanoche S.L.
4 See Final Results.
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17:00 Jul 19, 2021
Jkt 253001
DATES:
Applicable July 20, 2021.
Elfi
Blum or Jacqueline Arrowsmith, AD/
CVD Operations, Office VII,
Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0197 or
(202) 482–5255, respectively.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On February 24, 2016, the Trade
Facilitation and Trade Enforcement Act
of 2015 was signed into law, which
contains Title IV-Prevention of Evasion
of Antidumping and Countervailing
Duty Orders, commonly referred to as
the Enforce and Protect Act of 2015 or
EAPA.1 Effective August 22, 2016,
section 421 of EAPA added section 517
to the Tariff Act of 1930, as amended
(the Act), which establishes a formal
process for CBP to investigate
allegations of the evasion of AD and
CVD orders. Section 517(b)(4)(A) of the
Act provides a procedure whereby if,
during the course of an EAPA
investigation, CBP is unable to
determine whether the merchandise at
issue is covered merchandise within the
meaning of section 517(a)(3) of the Act,
then it shall refer the matter to
Commerce to make such a
determination. Section 517(a)(3) of the
Act defines covered merchandise as
merchandise that is subject to an AD
order issued under section 736 of the
Act or a CVD order issued under section
706 of the Act. Section 517(b)(4)(B) of
the Act states that Commerce, after
receiving a covered merchandise referral
from CBP, shall determine whether the
merchandise is covered merchandise
and promptly transmit its determination
to CBP. The Act does not establish a
deadline by which Commerce must
issue its determination.
On June 9, 2021, Commerce received
a covered merchandise referral from
CBP regarding CBP EAPA Investigation
No. 7509,2 which concerns the AD and
CVD orders on certain steel wheels from
IV—Prevention of Evasion of Antidumping
and Countervailing Duty Orders, Public Law 114–
125, 130 Stat. 122, 155 (February 24, 2016).
2 See CBP’s Letter, ‘‘Covered Merchandise
Referral Request for EAPA Investigation 7509,
Imported by Vanguard National Trailer Corporation:
Antidumping and countervailing duty Orders on
Certain Steel Wheels 22.5 and 24.5 Inches in
Diameter from the People’s Republic of China,’’
dated June 9, 2021 (CBP’s EAPA 75009 Letter).
Commerce intends to make available this document
and any supporting documents on Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized Electronic Service
System (ACCESS) with this notice.
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China.3 CBP explained that Accuride
Corporation (Accuride) and Maxion
Wheels Akron LLC (Maxion) alleged
that Vanguard National Trailer
Corporation (Vanguard) imported steel
wheels produced by Chinese
manufacturer Zhejiang Jingu Company
Limited (Jingu) that were transshipped
through Jingu’s affiliate in Thailand,
Asia Wheel Co. Ltd. (Asia Wheel), and
entered into the United States as a
product of Thailand to evade the
Orders. CBP’s Office of Trade initiated
an EAPA investigation based on the
evidence in the allegation submitted by
Accuride and Maxion that reasonably
suggested that Vanguard entered steel
wheels into the customs territory of the
United States by means of evasion.4
CBP further informed Commerce on
August 18, 2020, that the Trade Remedy
Law Enforcement Directorate of CBP’s
Office of Trade initiated an EAPA
investigation based on the
reasonableness of the evidence in
Accuride and Maxion’s allegation that
Vanguard imported merchandise
covered by the Orders into the customs
territory of the United States by means
of evasion.5 In response, Vanguard and
Asia Wheel stated that the steel wheels
at issue were not subject to the Orders,
because they were produced in
Thailand using rims that did not
originate in China.6 Accordingly, CBP
has requested that Commerce issue a
determination as to whether steel
wheels produced in Thailand by Asia
Wheel from Thai-origin steel wheel rims
and Chinese-origin steel wheel discs,
are covered merchandise.
We note that this merchandise is
already the subject of a scope ruling
request previously submitted to
Commerce by Asia Wheel,7 and is
currently under consideration in
ongoing scope inquiries of the Orders.8
Notification to Interested Parties
Commerce is hereby notifying
interested parties that it has received the
covered merchandise referral referenced
above. As the covered merchandise
referral requests a determination on
3 See Certain Steel Wheels from the People’s
Republic of China: Antidumping and
Countervailing Duty Orders, 84 FR 24098 (May 24,
2019) (Orders).
4 See CBP’s EAPA 75009 Letter at 2.
5 Id. at 1–2.
6 Id. at 2.
7 See Asia Wheel’s Letter, ‘‘Certain Steel Wheels
from the People’s Republic of China: Request for
Scope Ruling for Asia Wheel’s Steel Truck Wheels,’’
dated February 11, 2021.
8 See Letter from Commerce ‘‘Antidumping and
Countervailing Duty Orders on Certain Steel Wheels
from the People’s Republic of China (A–570–082,
C–570–083): Initiation of Asia Wheel Scope
Inquiry,’’ dated May 12, 2021.
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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices
merchandise identified in a request for
a scope ruling previously submitted to
Commerce and currently under
consideration, we will address the
covered merchandise referral and Asia
Wheel’s scope ruling request in the
ongoing scope inquires of the Orders.
Based on our determinations in the
ongoing scope inquiries of the Orders,
we intend to notify CBP as to whether
the merchandise subject to the referral
is covered merchandise within the
meaning of section 517(a)(3) of the Act.
Commerce intends to provide
interested parties with the opportunity
to participate in this EAPA referral as
part of the ongoing scope inquiries,
including through the submission of
comments, and, if appropriate, new
factual information and verification.
Specifically, Commerce will notify
parties on the segment-specific service
list for these segments of the
proceedings of a schedule for
comments. In addition, Commerce may
request factual information from any
person to assist in making its
determination and may verify
submissions of factual information, if
Commerce determines that such
verification is appropriate. C
Parties are also hereby notified that
this is the only notice that Commerce
intends to publish in the Federal
Register concerning this covered
merchandise referral. Interested parties
that wish to participate in these scope
inquiries, and receive notice of the final
determinations, must submit their
letters of appearance as discussed
below. Further, any party desiring
access to business proprietary
information in these scope inquiries
must file an application for access to
business proprietary information under
administrative protective order (APO),
as discussed below.
Further, Commerce may consider
conducting a separate anticircumvention inquiry regarding the
merchandise described in CBP’s covered
merchandise referral, if parties submit
the necessary information addressing
the criteria for an anti-circumvention
inquiry, in accordance with section 781
of the Act. Interested parties are
requested to file such comments and
information onto the record of the
ongoing scope inquiries within 30 days
of the publication of this notice in the
Federal Register.
Finally, we note that covered
merchandise referrals constitute a new
type of segment of a proceeding at
Commerce and, therefore, Commerce
intends to develop its practice and
procedures in this area as it gains more
experience.
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17:00 Jul 19, 2021
Jkt 253001
Scope of the Orders
The products covered by the Orders
are certain on-the-road steel wheels,
discs, and rims for tubeless tires, with
a nominal rim diameter of 22.5 inches
and 24.5 inches, regardless of width.
Certain on-the-road steel wheels with a
nominal wheel diameter of 22.5 inches
and 24.5 inches are generally for Class
6, 7, and 8 commercial vehicles (as
classified by the Federal Highway
Administration Gross Vehicle Weight
Rating system), including tractors, semitrailers, dump trucks, garbage trucks,
concrete mixers, and buses, and are the
current standard wheel diameters for
such applications. The standard widths
of certain on-the-road steel wheels are
7.5 inches, 8.25 inches, and 9.0 inches,
but all certain on-the-road steel wheels,
regardless of width, are covered by the
scope. While 22.5 inches and 24.5
inches are standard wheel sizes used by
Class 6, 7, and 8 commercial vehicles,
the scope covers sizes that may be
adopted in the future for Class 6, 7, and
8 commercial vehicles.
The scope includes certain on-theroad steel wheels with either a ‘‘hubpiloted’’ or ‘‘stud-piloted’’ mounting
configuration, and includes rims and
discs for such wheels, whether imported
as an assembly or separately. The scope
includes certain on-the-road steel
wheels, discs, and rims, of carbon and/
or alloy steel composition, whether
cladded or not cladded, whether
finished or not finished, and whether
coated or uncoated. All on-the-road
wheels sold in the United States are
subject to the requirements of the
National Highway Traffic Safety
Administration and bear markings, such
as the ‘‘DOT’’ symbol, indicating
compliance with applicable motor
vehicle standards. See 49 CFR571.120.
The scope includes certain on-the-road
steel wheels imported with or without
the required markings. Certain on-theroad steel wheels imported as an
assembly with a tire mounted on the
wheel and/or with a valve stem attached
are included. However, if the certain onthe-road steel wheel is imported as an
assembly with a tire mounted on the
wheel and/or with a valve stem
attached, the certain on-the-road steel
wheel is covered by the scope, but the
tire and/or valve stem is not covered by
the scope.
The scope includes rims and discs
that have been further processed in a
third country, including, but not limited
to, 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
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Sfmt 4703
38271
the scope of the proceeding if performed
in China.
Excluded from the scope are:
(1) Steel wheels for tube-type tires that
require a removable side ring;
(2) aluminum wheels;
(3) wheels where steel represents less than
fifty percent of the product by weight; and
(4) steel wheels that do not meet National
Highway Traffic Safety Administration
requirements, other than the rim marking
requirements found in 49 CFR 571.120S5.2.
Imports of the subject merchandise
are currently classified under the
following Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 8708.70.4530,
8708.70.4560, 8708.70.6030,
8708.70.6060, 8716.90.5045, and
8716.90.5059. Merchandise meeting the
scope description may also enter under
the following HTSUS subheadings:
4011.20.1015, 4011.20.5020, and
8708.99.4850. While HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
orders is dispositive.
Filing Requirements
All submissions to Commerce must be
filed electronically using ACCESS.9 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information.10 Each
submission must be placed on the
record of each of the scope inquiries,
i.e., for the AD order (A–570–082) and
the CVD order (C–570–083).
Letters of Appearance and
Administrative Protective Order
Interested parties that wish to
participate in these scope inquiries and
be added to the public service list must
file a letter of appearance in accordance
with 19 CFR 351.103(d)(1), with one
exception: The parties to EAPA
investigation 7509 publicly identified
9 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing
System Name, 79 FR 69046 (November 20, 2014) for
details of Commerce’s electronic filing
requirements, effective August 5, 2011. Information
on help using ACCESS can be found at https://
access.trade.gov/help.aspx and a handbook can be
found at https://access.trade.gov/help/Handbook
%20on%20Electronic%20Filing
%20Procedures.pdf.
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
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38272
Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices
by CBP in the covered merchandise
referral referenced above (Accuride,
Maxion, and Vanguard) 11 are not
required to submit a letter of
appearance, and will be added to the
public service list for these scope
inquires by Commerce.
Commerce placed an APO on the
existing records of the scope inquiries
on May 12, 2021,12 and established the
APO service lists for use in these
segments. Commerce intends to place
the covered merchandise referral letter
on the records of these scope inquiries
in ACCESS within five days of
publication of this notice.
Interested parties must submit
applications for disclosure under the
APO in accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to these segments of the AD and
CVD proceedings, with one exception:
APO applicants representing the parties
that have been identified by CBP as an
importer in the covered merchandise
referral (referenced above) are exempt
from the additional filing requirements
for importers pursuant to 19 CFR
351.305(d).
Dated: July 14, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–15415 Filed 7–19–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Final Results and
Final Rescission, in Part, of the 25th
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) published the preliminary
results of the 25th administrative review
of the antidumping duty order on fresh
garlic from the People’s Republic of
China (China) on March 25, 2021.
Commerce determines that mandatory
respondent, Shijiazhuang Goodman
Trading Co., Ltd. (Goodman) failed to
establish its eligibility for a separate rate
and is part of the China-wide entity. We
also find that the review request made
by The Roots Farm Inc. (Roots Farm)
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AGENCY:
11 See
CBP’s EAPA 75009 Letter at 4.
12 See the Administrative Protective Orders, dated
May 12, 2021.
VerDate Sep<11>2014
17:00 Jul 19, 2021
Jkt 253001
was not valid and, accordingly, we have
rescinded the review with respect to the
other mandatory respondent,
Zhengzhou Harmoni Spice Co., Ltd.
(Harmoni).
DATES: Applicable July 20, 2021.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3945.
SUPPLEMENTARY INFORMATION:
Background
On March 25, 2021, Commerce
published the preliminary results of the
25th administrative review of fresh
garlic from China.1 We preliminarily
found that the mandatory respondent
Goodman was part of the China-wide
entity. We rescinded the review with
respect to five companies for which
their sole requests for review had been
timely withdrawn.2 Furthermore, we
preliminarily determined that the
review request submitted by Roots Farm
was invalid and preliminarily rescinded
the review with respect to Harmoni.
Additionally, we found that two
companies, Shandong Happy Foods Co.,
Ltd. and Jining Alpha Food Co., Ltd.,
qualified for separate rate status.
On April 26, 2021, the Fresh Garlic
Producers Association (FGPA) and its
individual members 3 submitted
comments on the Preliminary Results.4
No other party submitted comments.
The deadline for the final results is July
23, 2021.
Scope of the Order
The products subject to the order are
all grades of garlic, whole or separated
into constituent cloves, whether or not
peeled, fresh, chilled, frozen,
provisionally preserved, or packed in
water or other neutral substance, but not
prepared or preserved by the addition of
other ingredients or heat processing.
1 See Fresh Garlic from the People’s Republic of
China: Preliminary Results, Preliminary Rescission,
and Final Rescission, In Part, of the 25th
Antidumping Duty Administrative Review; 2018–
2019, 86 FR 15903 (March 25, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 The companies are: (1) China Jiangsu
International Economic Technical Cooperation
Corporation; (2) Hebei Holy Flame International; (3)
Jinxiang Qingtian Garlic Industries; (4) Qingdao
Ritai Food Co., Ltd.; and (5) Yingxin (Wuqiang)
International Trade.
3 The individual members of the FGPA are:
Christopher Ranch L.L.C.; The Garlic Company; and
Valley Garlic.
4 See FGPA’s Letter, ‘‘25th Administrative Review
of the Antidumping Duty Order on Fresh Garlic
from the People’s Republic of China—Petitioners’
Letter in Lieu of Case Brief,’’ dated April 26, 2021.
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The differences between grades are
based on color, size, sheathing, and
level of decay. The scope of the order
does not include the following: (a)
Garlic that has been mechanically
harvested and that is primarily, but not
exclusively, destined for non-fresh use;
or (b) garlic that has been specially
prepared and cultivated prior to
planting and then harvested and
otherwise prepared for use as seed. The
subject merchandise is used principally
as a food product and for seasoning. The
subject garlic is currently classifiable
under subheadings: 0703.20.0000,
0703.20.0005, 0703.20.0010,
0703.20.0015, 0703.20.0020,
0703.20.0090, 0710.80.7060,
0710.80.9750, 0711.90.6000,
0711.90.6500, 2005.90.9500,
2005.90.9700, and 2005.99.9700, of the
Harmonized Tariff Schedule of the
United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive. In
order to be excluded from the order,
garlic entered under the HTSUS
subheadings listed above that is (1)
mechanically harvested and primarily,
but not exclusively, destined for nonfresh use or (2) specially prepared and
cultivated prior to planting and then
harvested and otherwise prepared for
use as seed must be accompanied by
declarations to U.S. Customs and Border
Protection (CBP) to that effect.
Partial Rescission of Administrative
Review
Commerce has determined that the
review request from Roots Farm was
invalid ab initio, and is rescinding the
administrative review with respect to
mandatory respondent, Harmoni.
Analysis of Comments Received
The FGPA was the only party to file
comments on the Preliminary Results.
The FGPA noted that the preliminary
rate applied to Shandong Happy Foods
Co., Ltd and Jining Alpha Food Co., Ltd
should be $4.37 per kilogram (kg) rather
than the rate of $4.34 per kg stated in
the Preliminary Results. Commerce
stated in the Preliminary Results that
the margin assigned to the separate rate
recipients would be the ‘‘rate for the
separate rate companies in the previous
administrative review of this order.’’ 5
The separate rate in the previous
administrative review was $4.37 per
kg.6 Therefore, we have made the
5 See
Preliminary Results PDM at 9.
Fresh Garlic from the People’s Republic of
China: Final Results and Partial Rescission, of the
24th Antidumping Duty Administrative Review;
6 See
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]]>Agencies
[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38270-38272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15415]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-082, C-570-083]
Certain Steel Wheels From the People's Republic of China: Notice
of Covered Merchandise Referral
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce) received a covered merchandise
referral from U.S. Customs and Border Protection (CBP) in connection
with a CBP EAPA investigation concerning the antidumping duty (AD) and
countervailing duty (CVD) orders on certain steel wheels from the
People's Republic of China (China). In accordance with EAPA, Commerce
intends to determine whether the merchandise subject to the referral is
covered by the scope of these orders and promptly transmit its
determination to CBP. Commerce is providing notice of the referral and
inviting participation from interested parties.
DATES: Applicable July 20, 2021.
FOR FURTHER INFORMATION CONTACT: Elfi Blum or Jacqueline Arrowsmith,
AD/CVD Operations, Office VII, Enforcement & Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0197 or (202)
482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2016, the Trade Facilitation and Trade Enforcement
Act of 2015 was signed into law, which contains Title IV-Prevention of
Evasion of Antidumping and Countervailing Duty Orders, commonly
referred to as the Enforce and Protect Act of 2015 or EAPA.\1\
Effective August 22, 2016, section 421 of EAPA added section 517 to the
Tariff Act of 1930, as amended (the Act), which establishes a formal
process for CBP to investigate allegations of the evasion of AD and CVD
orders. Section 517(b)(4)(A) of the Act provides a procedure whereby
if, during the course of an EAPA investigation, CBP is unable to
determine whether the merchandise at issue is covered merchandise
within the meaning of section 517(a)(3) of the Act, then it shall refer
the matter to Commerce to make such a determination. Section 517(a)(3)
of the Act defines covered merchandise as merchandise that is subject
to an AD order issued under section 736 of the Act or a CVD order
issued under section 706 of the Act. Section 517(b)(4)(B) of the Act
states that Commerce, after receiving a covered merchandise referral
from CBP, shall determine whether the merchandise is covered
merchandise and promptly transmit its determination to CBP. The Act
does not establish a deadline by which Commerce must issue its
determination.
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\1\ Title IV--Prevention of Evasion of Antidumping and
Countervailing Duty Orders, Public Law 114-125, 130 Stat. 122, 155
(February 24, 2016).
---------------------------------------------------------------------------
On June 9, 2021, Commerce received a covered merchandise referral
from CBP regarding CBP EAPA Investigation No. 7509,\2\ which concerns
the AD and CVD orders on certain steel wheels from China.\3\ CBP
explained that Accuride Corporation (Accuride) and Maxion Wheels Akron
LLC (Maxion) alleged that Vanguard National Trailer Corporation
(Vanguard) imported steel wheels produced by Chinese manufacturer
Zhejiang Jingu Company Limited (Jingu) that were transshipped through
Jingu's affiliate in Thailand, Asia Wheel Co. Ltd. (Asia Wheel), and
entered into the United States as a product of Thailand to evade the
Orders. CBP's Office of Trade initiated an EAPA investigation based on
the evidence in the allegation submitted by Accuride and Maxion that
reasonably suggested that Vanguard entered steel wheels into the
customs territory of the United States by means of evasion.\4\
---------------------------------------------------------------------------
\2\ See CBP's Letter, ``Covered Merchandise Referral Request for
EAPA Investigation 7509, Imported by Vanguard National Trailer
Corporation: Antidumping and countervailing duty Orders on Certain
Steel Wheels 22.5 and 24.5 Inches in Diameter from the People's
Republic of China,'' dated June 9, 2021 (CBP's EAPA 75009 Letter).
Commerce intends to make available this document and any supporting
documents on Enforcement and Compliance's Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS)
with this notice.
\3\ See Certain Steel Wheels from the People's Republic of
China: Antidumping and Countervailing Duty Orders, 84 FR 24098 (May
24, 2019) (Orders).
\4\ See CBP's EAPA 75009 Letter at 2.
---------------------------------------------------------------------------
CBP further informed Commerce on August 18, 2020, that the Trade
Remedy Law Enforcement Directorate of CBP's Office of Trade initiated
an EAPA investigation based on the reasonableness of the evidence in
Accuride and Maxion's allegation that Vanguard imported merchandise
covered by the Orders into the customs territory of the United States
by means of evasion.\5\ In response, Vanguard and Asia Wheel stated
that the steel wheels at issue were not subject to the Orders, because
they were produced in Thailand using rims that did not originate in
China.\6\ Accordingly, CBP has requested that Commerce issue a
determination as to whether steel wheels produced in Thailand by Asia
Wheel from Thai-origin steel wheel rims and Chinese-origin steel wheel
discs, are covered merchandise.
---------------------------------------------------------------------------
\5\ Id. at 1-2.
\6\ Id. at 2.
---------------------------------------------------------------------------
We note that this merchandise is already the subject of a scope
ruling request previously submitted to Commerce by Asia Wheel,\7\ and
is currently under consideration in ongoing scope inquiries of the
Orders.\8\
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\7\ See Asia Wheel's Letter, ``Certain Steel Wheels from the
People's Republic of China: Request for Scope Ruling for Asia
Wheel's Steel Truck Wheels,'' dated February 11, 2021.
\8\ See Letter from Commerce ``Antidumping and Countervailing
Duty Orders on Certain Steel Wheels from the People's Republic of
China (A-570-082, C-570-083): Initiation of Asia Wheel Scope
Inquiry,'' dated May 12, 2021.
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Notification to Interested Parties
Commerce is hereby notifying interested parties that it has
received the covered merchandise referral referenced above. As the
covered merchandise referral requests a determination on
[[Page 38271]]
merchandise identified in a request for a scope ruling previously
submitted to Commerce and currently under consideration, we will
address the covered merchandise referral and Asia Wheel's scope ruling
request in the ongoing scope inquires of the Orders. Based on our
determinations in the ongoing scope inquiries of the Orders, we intend
to notify CBP as to whether the merchandise subject to the referral is
covered merchandise within the meaning of section 517(a)(3) of the Act.
Commerce intends to provide interested parties with the opportunity
to participate in this EAPA referral as part of the ongoing scope
inquiries, including through the submission of comments, and, if
appropriate, new factual information and verification. Specifically,
Commerce will notify parties on the segment-specific service list for
these segments of the proceedings of a schedule for comments. In
addition, Commerce may request factual information from any person to
assist in making its determination and may verify submissions of
factual information, if Commerce determines that such verification is
appropriate. C
Parties are also hereby notified that this is the only notice that
Commerce intends to publish in the Federal Register concerning this
covered merchandise referral. Interested parties that wish to
participate in these scope inquiries, and receive notice of the final
determinations, must submit their letters of appearance as discussed
below. Further, any party desiring access to business proprietary
information in these scope inquiries must file an application for
access to business proprietary information under administrative
protective order (APO), as discussed below.
Further, Commerce may consider conducting a separate anti-
circumvention inquiry regarding the merchandise described in CBP's
covered merchandise referral, if parties submit the necessary
information addressing the criteria for an anti-circumvention inquiry,
in accordance with section 781 of the Act. Interested parties are
requested to file such comments and information onto the record of the
ongoing scope inquiries within 30 days of the publication of this
notice in the Federal Register.
Finally, we note that covered merchandise referrals constitute a
new type of segment of a proceeding at Commerce and, therefore,
Commerce intends to develop its practice and procedures in this area as
it gains more experience.
Scope of the Orders
The products covered by the Orders are certain on-the-road steel
wheels, discs, and rims for tubeless tires, with a nominal rim diameter
of 22.5 inches and 24.5 inches, regardless of width. Certain on-the-
road steel wheels with a nominal wheel diameter of 22.5 inches and 24.5
inches are generally for Class 6, 7, and 8 commercial vehicles (as
classified by the Federal Highway Administration Gross Vehicle Weight
Rating system), including tractors, semi-trailers, dump trucks, garbage
trucks, concrete mixers, and buses, and are the current standard wheel
diameters for such applications. The standard widths of certain on-the-
road steel wheels are 7.5 inches, 8.25 inches, and 9.0 inches, but all
certain on-the-road steel wheels, regardless of width, are covered by
the scope. While 22.5 inches and 24.5 inches are standard wheel sizes
used by Class 6, 7, and 8 commercial vehicles, the scope covers sizes
that may be adopted in the future for Class 6, 7, and 8 commercial
vehicles.
The scope includes certain on-the-road steel wheels with either a
``hub-piloted'' or ``stud-piloted'' mounting configuration, and
includes rims and discs for such wheels, whether imported as an
assembly or separately. The scope includes certain on-the-road steel
wheels, discs, and rims, of carbon and/or alloy steel composition,
whether cladded or not cladded, whether finished or not finished, and
whether coated or uncoated. All on-the-road wheels sold in the United
States are subject to the requirements of the National Highway Traffic
Safety Administration and bear markings, such as the ``DOT'' symbol,
indicating compliance with applicable motor vehicle standards. See 49
CFR571.120. The scope includes certain on-the-road steel wheels
imported with or without the 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 attached are included. However, if the certain
on-the-road steel wheel is imported as an assembly with a tire mounted
on the wheel and/or with a valve stem attached, the certain on-the-road
steel wheel is covered by the scope, but the tire and/or valve stem is
not covered by the scope.
The scope includes rims and discs that have been further processed
in a third country, including, but not limited to, 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 proceeding if performed in China.
Excluded from the scope are:
(1) Steel wheels for tube-type tires that require a removable
side ring;
(2) aluminum wheels;
(3) wheels where steel represents less than fifty percent of the
product by weight; and
(4) steel wheels that do not meet National Highway Traffic
Safety Administration requirements, other than the rim marking
requirements found in 49 CFR 571.120S5.2.
Imports of the subject merchandise are currently classified under
the following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 8708.70.4530, 8708.70.4560, 8708.70.6030, 8708.70.6060,
8716.90.5045, and 8716.90.5059. Merchandise meeting the scope
description may also enter under the following HTSUS subheadings:
4011.20.1015, 4011.20.5020, and 8708.99.4850. While HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of the orders is dispositive.
Filing Requirements
All submissions to Commerce must be filed electronically using
ACCESS.\9\ An electronically filed document must be received
successfully in its entirety by the time and date it is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information.\10\ Each
submission must be placed on the record of each of the scope inquiries,
i.e., for the AD order (A-570-082) and the CVD order (C-570-083).
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\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); see also Temporary
Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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Letters of Appearance and Administrative Protective Order
Interested parties that wish to participate in these scope
inquiries and be added to the public service list must file a letter of
appearance in accordance with 19 CFR 351.103(d)(1), with one exception:
The parties to EAPA investigation 7509 publicly identified
[[Page 38272]]
by CBP in the covered merchandise referral referenced above (Accuride,
Maxion, and Vanguard) \11\ are not required to submit a letter of
appearance, and will be added to the public service list for these
scope inquires by Commerce.
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\11\ See CBP's EAPA 75009 Letter at 4.
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Commerce placed an APO on the existing records of the scope
inquiries on May 12, 2021,\12\ and established the APO service lists
for use in these segments. Commerce intends to place the covered
merchandise referral letter on the records of these scope inquiries in
ACCESS within five days of publication of this notice.
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\12\ See the Administrative Protective Orders, dated May 12,
2021.
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Interested parties must submit applications for disclosure under
the APO in accordance with the procedures outlined in Commerce's
regulations at 19 CFR 351.305. Those procedures apply to these segments
of the AD and CVD proceedings, with one exception: APO applicants
representing the parties that have been identified by CBP as an
importer in the covered merchandise referral (referenced above) are
exempt from the additional filing requirements for importers pursuant
to 19 CFR 351.305(d).
Dated: July 14, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-15415 Filed 7-19-21; 8:45 am]
BILLING CODE 3510-DS-P
