Certain Steel Wheels 12 to 16.5 inches in Diameter From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation and Notice of Amended Final Antidumping Determination, 70824-70826 [2021-26997]
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70824
Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Notices
Number of
respondents
khammond on DSKJM1Z7X2PROD with NOTICES
Type of request
Average hours per response
Estimated
burden hours
Requests for amendments to construction awards ...................................
Requests for amendment to non-construction awards .............................
Project service maps .................................................................................
600
30
2
2 hours/request ...............................
1 hour/request .................................
6 hours/map ....................................
1,200
30
12
Total ....................................................................................................
632
..........................................................
1,242
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Jkt 256001
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Department.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–090]
DEPARTMENT OF COMMERCE
Certain Steel Wheels 12 to 16.5 inches
in Diameter From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With the
Final Determination of Antidumping
Investigation and Notice of Amended
Final Antidumping Determination
Foreign-Trade Zones Board
AGENCY:
[FR Doc. 2021–26933 Filed 12–10–21; 8:45 am]
BILLING CODE 3510–34–P
[S–159–2021]
Approval of Expansion of Subzone
18F; Lam Research Corporation,
Livermore, California
On October 21, 2021, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the City of San Jose,
grantee of FTZ 18, requesting an
expansion of Subzone 18F, subject to
the existing activation limit of FTZ 18,
on behalf of Lam Research Corporation,
in Livermore, California.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (86 FR 59361–59362, October
27, 2021). The FTZ staff examiner
reviewed the application and
determined that it meets the criteria for
approval. Pursuant to the authority
delegated to the FTZ Board Executive
Secretary (15 CFR 400.36(f)), the
application to expand Subzone 18F was
approved on December 7, 2021, subject
to the FTZ Act and the Board’s
regulations, including Section 400.13,
and further subject to FTZ 18’s 2,000acre activation limit.
Dated: December 7, 2021.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2021–26888 Filed 12–10–21; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 18, 2021, the
U.S. Court of International Trade (CIT)
issued its final judgment in Trans Texas
Tire, LLC and Zhejiang Jingu Company
Limited v. United States, Consol. Court
No. 19–00188, Slip Op. 21–156 (CIT
November 18, 2021) sustaining the
Department of Commerce (Commerce)’s
remand redetermination pertaining to
the antidumping duty (AD)
investigation of certain steel wheels 12
to 16.5 inches in diameter (certain steel
wheels) from the People’s Republic of
China (China). Commerce is notifying
the public that the CIT’s final judgment
is not in harmony with Commerce’s
final determination in that investigation,
and that Commerce is amending the
final determination with respect to the
dumping margin assigned to entries of
certain steel trailer wheels 12 to 16.5
inches in diameter coated in chrome
through a Physical Vapor Deposition
(PVD) process produced and/or
exported from the China by Zhejiang
Jingu Company Limited (Jingu), or
produced by Xingmin Intelligent
Transportation Systems (Group)
(Xingmin Intelligent) and imported by
Trans Texas Tire LLC (Trans Texas).
DATES: Applicable November 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, 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) 482–5848.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2019, Commerce published
its final determination in the AD
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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
investigation of certain steel wheels
China.1 Commerce subsequently
published the AD order on certain steel
wheels from China.2
As initiated, the scope of the
underlying investigation excluded
‘‘certain on the road steel wheels that
are coated entirely with chrome.’’ 3 Prior
to the preliminary affirmative
determination in the underlying
investigation, Dexstar Wheel Division of
Americana Development, Inc. (the
petitioner) filed additional scope
comments regarding the exclusion of
chrome wheels, specifically requesting
that Commerce confirm that the chrome
wheel exclusion did not include PVD
chrome wheels.4 However, due to the
proximity of the date on which the
petitioner’s comments (and relevant
rebuttal comments) were received
relative to the statutory deadline for the
issuance of the Preliminary
Determination, Commerce deferred
consideration of the petitioner’s
comments to the final determination.5
Accordingly, the scope language in
Commerce’s Preliminary Determination
remained unchanged from that of the
Initiation Notice with respect to the
exclusion of steel wheels coated entirely
with chrome, and did not explicitly
address whether this exclusionary
language covered PVD chrome wheels.6
Subsequent to the Preliminary
Determination, Commerce solicited
additional information with respect to
this issue, and parties provided further
information and argumentation in
response. Commerce then evaluated the
record with respect to this issue for the
first time in its Final Scope Memo
finding with respect to PVD chrome
wheels that:
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) (Final Determination).
2 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).
3 See Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China:
Initiation of Less-Than-Fair-Value Investigation, 83
FR 45095 (September 5, 2018) (Initiation Notice).
4 See Petitioner’s Letter, ‘‘Certain Steel Wheels
(12 to 16.5 Inches in Diameter) from China:
Petitioner’s Clarification of the Exclusion of Chrome
Wheels,’’ dated March 28, 2019.
5 See Memorandum, ‘‘Certain Steel Wheels 12 to
16.5 Inches in Diameter from the People’s Republic
of China: Preliminary Scope Decision
Memorandum,’’ dated April 15, 2019.
6 See Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, and Preliminary Affirmative
Determination of Critical Circumstances, 84 FR
16643 (April 22, 2019) (Preliminary Determination)
at Appendix 1.
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18:58 Dec 10, 2021
Jkt 256001
based on evidence and information in the
Petition, we find that the petitioner intended
the exclusion to cover electroplated chrome
wheels and was not intended to cover other
types of chrome-adhering processes; nor were
other types of chrome adhering processes,
such as PVD, considered anywhere on the
record prior to the respondent party’s
clarification request, in which case the
petitioner promptly and consistently
maintained its intent with respect to the
chrome exclusion language. Thus, we do not
find that limiting the exclusion to
electroplating expands the scope, as the
exclusion was never meant to cover PVD
chrome wheels and, therefore, carving out an
exception for PVD wheels from the exclusion
is a clarification and not an impermissible
expansion of the scope.7
Accordingly, the scope of the Final
Determination and resulting AD order
provided the following with respect to
chrome-coated wheels:
Excluded from this scope are the following:
. . . (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){.}
Further, in the Final Scope Memo,
Commerce noted that ‘‘the clarification
that the exclusion in the scope for
chrome wheels does not cover PVD
chrome wheels is a clarification, based
on the petitioner’s original intent in the
Petition, not an expansion of the scope.
Thus, PVD chrome wheels are subject to
duties from the start of suspension of
liquidation, which was the preliminary
determinations,’’ and declined to revise
the scope language to specify that the
clarification of the exclusion for chrome
wheels applies only to entries following
the Final Determination.8
Trans Texas and Jingu challenged
Commerce’s scope determination before
the CIT, arguing that Commerce
unlawfully expanded the scope of the
AD investigation (and resulting order) to
include PVD chrome wheels. Trans
Texas and Jingu further argued that,
even if the inclusion of PVD chrome
wheels was lawful, Commerce erred by
retroactively assessing antidumping
duties on PVD chrome wheel imports
back to the date of its Preliminary
Determination.
In its Remand Order, the Court
determined that, while Commerce
adequately explained its decision to
7 See Memorandum, ‘‘Certain Steel Wheels from
the People’s Republic of China: Final Scope
Decision Memorandum for the Final Antidumping
Duty and Countervailing Duty Determinations,’’
dated July 1, 2019 (Final Scope Memo) at 15.
8 Id. at 16.
PO 00000
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Fmt 4703
Sfmt 4703
70825
include in the final scope of the
investigation steel trailer wheels coated
in chrome through a PVD process,
antidumping duties on PVD chrome
wheels retroactively imposed back to
the date of Commerce’s preliminary
determination were not imposed in
accordance with law.9 In particular, the
Court held that retroactive assessment of
duties back to the date of Commerce’s
preliminary determination was
impermissible because Commerce did
not provide adequate notice of the
inclusion of PVD chrome wheels prior
to the Final Scope Memo,10 and, thus,
remanded the Final Determination for
Commerce to reformulate its
instructions consistent with the Remand
Order.11
On June 14, 2021, Commerce issued
its Final Results of Redetermination,
noting our intent to issue an amended
final determination to clarify the date of
imposition of antidumping duties to be
the date of publication of the Final
Determination and to issue instructions
to U.S. Customs and Border Protection
(CBP) with respect to Trans Texas and
Jingu providing that entries of PVD
chrome wheels entered, or withdrawn
from warehouse, for consumption on or
after April 22, 2019, up to and including
July 8, 2019, are excluded from the
scope of the investigation, consistent
with the Court’s Remand Order.12 These
instructions give effect to the Court’s
holding that ‘‘reasonably informed
importers were not provided clear or
meaningful notice of the inclusion of
PVD chrome wheels until the
publication of the Final Scope
Memo.’’ 13
On November 18, 2021, the CIT
sustained Commerce’s final
redetermination, and entered final
judgment.14
Timken Notice
In its decision in Timken,15 as
clarified by Diamond Sawblades,16 the
9 See Trans Texas Tire, LLC and Zhejiang Jingu
Company Limited v. United States, Consol. Court
No. 19–00188, Slip Op. 21–62 (CIT May 18, 2021)
(Remand Order) at 12 and 20.
10 See Final Scope Memo.
11 See Remand Order at 20–21.
12 See Final Results of Redetermination Pursuant
to Court Remand, Trans Texas Tire, LLC and
Zhejiang Jingu Company Limited v. United States,
Consol. Court No. 19–00188; Slip Op. 21–62, dated
June 14, 2021 (Final Results of Redetermination).
13 See Remand Order at 20.
14 See Trans Texas Tire, LLC and Zhejiang Jingu
Company Limited v. United States, Consol. Court
No. 19–00188, Slip Op. 21–156 (CIT November 18,
2021).
15 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
16 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
E:\FR\FM\13DEN1.SGM
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70826
Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(c)
and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must
publish a notice of court decision that
is not ‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
November 18, 2021, judgment
constitutes a final decision of the CIT
that is not in harmony with Commerce’s
Final Determination. Thus, this notice is
published in fulfillment of the
publication requirements of Timken.
Amended Final Determination and
Liquidation of Suspended Entries
Because there is now a final court
judgment, Commerce is amending its
Final Determination with respect to the
dumping margin assigned to entries of
certain steel trailer wheels 12 to 16.5
inches in diameter coated in chrome
through a PVD process produced and/or
exported from China by Jingu, or
produced by Xingmin Intelligent and
imported by Trans Texas, which were
entered or withdrawn from warehouse,
for consumption on or after April 22,
2019 (the date of publication of the
Preliminary Determination in the
Federal Register), up to and including
July 8, 2019 (the day before the
publication of the Final Determination
in the Federal Register), and which
remained unliquidated as of the date of
the relevant preliminary injunction
(September 4, 2020, in the case of
merchandise produced and/or exported
by Jingu; and November 27, 2019, in the
case of merchandise produced by
Xingmin Intelligent and imported by
Trans Texas).
Commerce will continue the
suspension of liquidation of the subject
merchandise pending the expiration of
the period of appeal or, if appealed,
pending a final and conclusive court
decision. Specifically, we will direct
CBP to suspend or continue to suspend
liquidation of such entries at a zero
percent cash deposit rate during the
pendency of the appeals process until
specific liquidation instructions are
issued, and we will notify CBP that it is
authorized to grant a refund of cash
deposits for such entries, if requested by
the importer prior to liquidation
pursuant to 19 U.S.C. 1520(a)(4). In the
event the Court’s ruling is not appealed
or, if appealed, upheld by the Court of
Appeals for the Federal Circuit,
Commerce will instruct CBP that entries
of certain steel trailer wheels 12 to 16.5
inches in diameter coated in chrome
through a PVD process, which: (a) Were
the subject of the Final Determination;
(b) were produced and/or exported from
VerDate Sep<11>2014
16:50 Dec 10, 2021
Jkt 256001
China by Jingu, or were produced by
Xingmin Intelligent and imported by
Trans Texas; (c) were entered, or
withdrawn from warehouse, for
consumption on or after April 22, 2019
up to and including July 8, 2019; and (d)
remain unliquidated as of September 4,
2020 (for wheels produced and/or
exported from China by Jingu) or remain
unliquidated as of November 27, 2019
(for wheels produced by Xingmin
Intelligent Transportation Systems
(Group) and imported by Trans Texas);
are outside of the scope of the AD order
on certain steel trailer wheels from
China.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: November 24, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of The Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2021–26997 Filed 12–10–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–091]
Certain Steel Wheels 12 to 16.5 Inches
in Diameter From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With the
Final Determination of Countervailing
Duty Investigation and Notice of
Amended Final Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 18, 2021, the
U.S. Court of International Trade (CIT)
issued its final judgment in Trans Texas
Tire, LLC and Zhejiang Jingu Company
Limited v. United States, Consol. Court
No. 19–00189, Slip Op. 21–157 (CIT
November 18, 2021) sustaining the
Department of Commerce (Commerce)’s
remand redetermination pertaining to
the countervailing duty (CVD)
investigation of certain steel wheels 12
to 16.5 inches in diameter (certain steel
wheels) from the People’s Republic of
China (China). Commerce is notifying
the public that the CIT’s final judgment
is not in harmony with Commerce’s
final determination in that investigation,
and that Commerce is amending the
final determination and the resulting
CVD order with respect to the CVD
margin assigned to entries of certain
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
steel trailer wheels 12 to 16.5 inches in
diameter coated in chrome through a
Physical Vapor Deposition (PVD)
process produced and/or exported from
the China by Zhejiang Jingu Company
Limited (Jingu), or produced by
Xingmin Intelligent Transportation
Systems (Group) (Xingmin Intelligent)
and imported by Trans Texas Tire LLC
(Trans Texas).
DATES: Applicable November 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, 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) 482–5848.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2019, Commerce published
its final determination in the CVD
investigation of certain steel wheels
China.1 Commerce subsequently
published the CVD order on certain
steel wheels from China.2
As initiated, the scope of the
underlying investigation excluded
‘‘certain on the road steel wheels that
are coated entirely with chrome.’’ 3 This
scope exclusion remained unchanged in
the CVD preliminary determination
published on February 25, 2019.4
Subsequent to the Preliminary
Determination, though prior to the
preliminary determination in the lessthan-fair-value (LTFV) investigation,
Dexstar Wheel Division of Americana
Development, Inc. (the petitioner) filed
additional scope comments regarding
the exclusion of chrome wheels,
specifically requesting that Commerce
confirm that the chrome wheel
exclusion did not include PVD chrome
wheels.5 However, due to the proximity
of the date on which the petitioner’s
comments (and relevant rebuttal
1 See 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) (Final Determination).
2 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).
3 See Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People’s Republic of China:
Initiation of Countervailing Duty Investigation, 83
FR 45100 (September 5, 2018) (Initiation Notice).
4 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)
(Preliminary Determination) at Appendix 1.
5 See Petitioner’s Letter, ‘‘Certain Steel Wheels
(12 to 16.5 Inches in Diameter) from China:
Petitioner’s Clarification of the Exclusion of Chrome
Wheels,’’ dated March 28, 2019.
E:\FR\FM\13DEN1.SGM
13DEN1
]]>Agencies
[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70824-70826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26997]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-090]
Certain Steel Wheels 12 to 16.5 inches in Diameter From the
People's Republic of China: Notice of Court Decision Not in Harmony
With the Final Determination of Antidumping Investigation and Notice of
Amended Final Antidumping Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 18, 2021, the U.S. Court of International Trade
(CIT) issued its final judgment in Trans Texas Tire, LLC and Zhejiang
Jingu Company Limited v. United States, Consol. Court No. 19-00188,
Slip Op. 21-156 (CIT November 18, 2021) sustaining the Department of
Commerce (Commerce)'s remand redetermination pertaining to the
antidumping duty (AD) investigation of certain steel wheels 12 to 16.5
inches in diameter (certain steel wheels) from the People's Republic of
China (China). Commerce is notifying the public that the CIT's final
judgment is not in harmony with Commerce's final determination in that
investigation, and that Commerce is amending the final determination
with respect to the dumping margin assigned to entries of certain steel
trailer wheels 12 to 16.5 inches in diameter coated in chrome through a
Physical Vapor Deposition (PVD) process produced and/or exported from
the China by Zhejiang Jingu Company Limited (Jingu), or produced by
Xingmin Intelligent Transportation Systems (Group) (Xingmin
Intelligent) and imported by Trans Texas Tire LLC (Trans Texas).
DATES: Applicable November 29, 2021.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn, 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) 482-5848.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2019, Commerce published its final determination in the
AD
[[Page 70825]]
investigation of certain steel wheels China.\1\ Commerce subsequently
published the AD order on certain steel wheels from China.\2\
---------------------------------------------------------------------------
\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) (Final Determination).
\2\ 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).
---------------------------------------------------------------------------
As initiated, the scope of the underlying investigation excluded
``certain on the road steel wheels that are coated entirely with
chrome.'' \3\ Prior to the preliminary affirmative determination in the
underlying investigation, Dexstar Wheel Division of Americana
Development, Inc. (the petitioner) filed additional scope comments
regarding the exclusion of chrome wheels, specifically requesting that
Commerce confirm that the chrome wheel exclusion did not include PVD
chrome wheels.\4\ However, due to the proximity of the date on which
the petitioner's comments (and relevant rebuttal comments) were
received relative to the statutory deadline for the issuance of the
Preliminary Determination, Commerce deferred consideration of the
petitioner's comments to the final determination.\5\ Accordingly, the
scope language in Commerce's Preliminary Determination remained
unchanged from that of the Initiation Notice with respect to the
exclusion of steel wheels coated entirely with chrome, and did not
explicitly address whether this exclusionary language covered PVD
chrome wheels.\6\
---------------------------------------------------------------------------
\3\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation, 83 FR 45095 (September 5, 2018) (Initiation Notice).
\4\ See Petitioner's Letter, ``Certain Steel Wheels (12 to 16.5
Inches in Diameter) from China: Petitioner's Clarification of the
Exclusion of Chrome Wheels,'' dated March 28, 2019.
\5\ See Memorandum, ``Certain Steel Wheels 12 to 16.5 Inches in
Diameter from the People's Republic of China: Preliminary Scope
Decision Memorandum,'' dated April 15, 2019.
\6\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, and Preliminary
Affirmative Determination of Critical Circumstances, 84 FR 16643
(April 22, 2019) (Preliminary Determination) at Appendix 1.
---------------------------------------------------------------------------
Subsequent to the Preliminary Determination, Commerce solicited
additional information with respect to this issue, and parties provided
further information and argumentation in response. Commerce then
evaluated the record with respect to this issue for the first time in
its Final Scope Memo finding with respect to PVD chrome wheels that:
based on evidence and information in the Petition, we find that the
petitioner intended the exclusion to cover electroplated chrome
wheels and was not intended to cover other types of chrome-adhering
processes; nor were other types of chrome adhering processes, such
as PVD, considered anywhere on the record prior to the respondent
party's clarification request, in which case the petitioner promptly
and consistently maintained its intent with respect to the chrome
exclusion language. Thus, we do not find that limiting the exclusion
to electroplating expands the scope, as the exclusion was never
meant to cover PVD chrome wheels and, therefore, carving out an
exception for PVD wheels from the exclusion is a clarification and
not an impermissible expansion of the scope.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Certain Steel Wheels from the People's
Republic of China: Final Scope Decision Memorandum for the Final
Antidumping Duty and Countervailing Duty Determinations,'' dated
July 1, 2019 (Final Scope Memo) at 15.
Accordingly, the scope of the Final Determination and resulting AD
---------------------------------------------------------------------------
order provided the following with respect to chrome-coated wheels:
Excluded from this scope are the following: . . . (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){.{time}
Further, in the Final Scope Memo, Commerce noted that ``the
clarification that the exclusion in the scope for chrome wheels does
not cover PVD chrome wheels is a clarification, based on the
petitioner's original intent in the Petition, not an expansion of the
scope. Thus, PVD chrome wheels are subject to duties from the start of
suspension of liquidation, which was the preliminary determinations,''
and declined to revise the scope language to specify that the
clarification of the exclusion for chrome wheels applies only to
entries following the Final Determination.\8\
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\8\ Id. at 16.
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Trans Texas and Jingu challenged Commerce's scope determination
before the CIT, arguing that Commerce unlawfully expanded the scope of
the AD investigation (and resulting order) to include PVD chrome
wheels. Trans Texas and Jingu further argued that, even if the
inclusion of PVD chrome wheels was lawful, Commerce erred by
retroactively assessing antidumping duties on PVD chrome wheel imports
back to the date of its Preliminary Determination.
In its Remand Order, the Court determined that, while Commerce
adequately explained its decision to include in the final scope of the
investigation steel trailer wheels coated in chrome through a PVD
process, antidumping duties on PVD chrome wheels retroactively imposed
back to the date of Commerce's preliminary determination were not
imposed in accordance with law.\9\ In particular, the Court held that
retroactive assessment of duties back to the date of Commerce's
preliminary determination was impermissible because Commerce did not
provide adequate notice of the inclusion of PVD chrome wheels prior to
the Final Scope Memo,\10\ and, thus, remanded the Final Determination
for Commerce to reformulate its instructions consistent with the Remand
Order.\11\
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\9\ See Trans Texas Tire, LLC and Zhejiang Jingu Company Limited
v. United States, Consol. Court No. 19-00188, Slip Op. 21-62 (CIT
May 18, 2021) (Remand Order) at 12 and 20.
\10\ See Final Scope Memo.
\11\ See Remand Order at 20-21.
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On June 14, 2021, Commerce issued its Final Results of
Redetermination, noting our intent to issue an amended final
determination to clarify the date of imposition of antidumping duties
to be the date of publication of the Final Determination and to issue
instructions to U.S. Customs and Border Protection (CBP) with respect
to Trans Texas and Jingu providing that entries of PVD chrome wheels
entered, or withdrawn from warehouse, for consumption on or after April
22, 2019, up to and including July 8, 2019, are excluded from the scope
of the investigation, consistent with the Court's Remand Order.\12\
These instructions give effect to the Court's holding that ``reasonably
informed importers were not provided clear or meaningful notice of the
inclusion of PVD chrome wheels until the publication of the Final Scope
Memo.'' \13\
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\12\ See Final Results of Redetermination Pursuant to Court
Remand, Trans Texas Tire, LLC and Zhejiang Jingu Company Limited v.
United States, Consol. Court No. 19-00188; Slip Op. 21-62, dated
June 14, 2021 (Final Results of Redetermination).
\13\ See Remand Order at 20.
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On November 18, 2021, the CIT sustained Commerce's final
redetermination, and entered final judgment.\14\
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\14\ See Trans Texas Tire, LLC and Zhejiang Jingu Company
Limited v. United States, Consol. Court No. 19-00188, Slip Op. 21-
156 (CIT November 18, 2021).
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Timken Notice
In its decision in Timken,\15\ as clarified by Diamond
Sawblades,\16\ the
[[Page 70826]]
Court of Appeals for the Federal Circuit held that, pursuant to section
516A(c) and (e) of the Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's November 18,
2021, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Determination. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\15\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\16\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination and Liquidation of Suspended Entries
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to the dumping margin assigned to
entries of certain steel trailer wheels 12 to 16.5 inches in diameter
coated in chrome through a PVD process produced and/or exported from
China by Jingu, or produced by Xingmin Intelligent and imported by
Trans Texas, which were entered or withdrawn from warehouse, for
consumption on or after April 22, 2019 (the date of publication of the
Preliminary Determination in the Federal Register), up to and including
July 8, 2019 (the day before the publication of the Final Determination
in the Federal Register), and which remained unliquidated as of the
date of the relevant preliminary injunction (September 4, 2020, in the
case of merchandise produced and/or exported by Jingu; and November 27,
2019, in the case of merchandise produced by Xingmin Intelligent and
imported by Trans Texas).
Commerce will continue the suspension of liquidation of the subject
merchandise pending the expiration of the period of appeal or, if
appealed, pending a final and conclusive court decision. Specifically,
we will direct CBP to suspend or continue to suspend liquidation of
such entries at a zero percent cash deposit rate during the pendency of
the appeals process until specific liquidation instructions are issued,
and we will notify CBP that it is authorized to grant a refund of cash
deposits for such entries, if requested by the importer prior to
liquidation pursuant to 19 U.S.C. 1520(a)(4). In the event the Court's
ruling is not appealed or, if appealed, upheld by the Court of Appeals
for the Federal Circuit, Commerce will instruct CBP that entries of
certain steel trailer wheels 12 to 16.5 inches in diameter coated in
chrome through a PVD process, which: (a) Were the subject of the Final
Determination; (b) were produced and/or exported from China by Jingu,
or were produced by Xingmin Intelligent and imported by Trans Texas;
(c) were entered, or withdrawn from warehouse, for consumption on or
after April 22, 2019 up to and including July 8, 2019; and (d) remain
unliquidated as of September 4, 2020 (for wheels produced and/or
exported from China by Jingu) or remain unliquidated as of November 27,
2019 (for wheels produced by Xingmin Intelligent Transportation Systems
(Group) and imported by Trans Texas); are outside of the scope of the
AD order on certain steel trailer wheels from China.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: November 24, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of The Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-26997 Filed 12-10-21; 8:45 am]
BILLING CODE 3510-DS-P
