Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Initiation of Countervailing Duty Investigation |
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Christian Marsh
Department of Commerce
5 September 2018
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45100-45104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19205]
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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: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 28, 2018.
FOR FURTHER INFORMATION CONTACT: Keith Haynes at (202) 482-5139 or
Emily Halle at (202) 482-0176, AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On August 8, 2018, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) Petition concerning imports of
certain steel wheels 12 to 16.5 inches in diameter (certain steel
wheels) from the People's Republic of China (China), filed in proper
form on behalf of Dexstar Wheel, a division of Americana Development,
Inc. (the petitioner), which is a domestic producer of certain steel
wheels.\1\ The CVD Petition was accompanied by an antidumping duty (AD)
Petition concerning imports of certain steel wheels from China.
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\1\ See the petitioner's letter, ``Petitions for the Imposition
of Antidumping Duties and Countervailing Duties on Imports of
Certain Steel Wheels 12 to 16.5 inches in Diameter from the People's
Republic of China,'' dated August 8, 2018 (the Petition).
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On August 10, 2018, Commerce requested supplemental information
pertaining to certain aspects of the Petition in two separate
supplemental questionnaires, one dealing with general issues with the
Petition and the other with issues related to Volume III of the
Petition (i.e., the CVD allegation).\2\
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\2\ See Commerce's letters, ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Steel Wheels 12 to 16.5
Inches in Diameter from the People's Republic of China: Supplemental
Questions'' (CVD Deficiency Questionnaire), and ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People's
Republic of China: Supplemental Questions'' (General Issues
Deficiency Questionnaire), each dated August 10, 2018.
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The petitioner filed its responses to the supplemental
questionnaires on August 15, 2018.\3\ On August 17, 2018, we spoke with
the petitioner regarding the scope language submitted in its August 15,
2018, submission.\4\ On August 20, 2018, the petitioner filed an
amendment to the scope, further clarifying the scope language.\5\
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\3\ See the petitioner's letters, ``Certain Steel Wheels 12 To
16.5 inches in Diameter from the People's Republic of China (C-570-
091): Petitioners' Response to Commerce's August 10, 2018
Supplemental Questionnaire Regarding the Countervailing Duty
Petition'' (CVD Supplement) and ``Petitioners' Response to
Commerce's August 10, 2018 General Issues Questionnaire Regarding
the Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Certain Steel Wheels from the People's Republic
of China,'' (General Issues Supplement), each dated August 15, 2018.
\4\ See memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated August 17, 2018.
\5\ See the petitioner's letter, ``Petitioner's Response to the
Department of Commerce's August 17, 2018 Additional Questions
Regarding the Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Steel Wheels 12 to 16.5
Inches in Diameter from the People's Republic of China,'' dated
August 20, 2018 (Second Scope and AD Supplement).
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[[Page 45101]]
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of certain steel
wheels in China and that imports of such products are materially
injuring, or threatening material injury to, the domestic industry
producing certain steel wheels in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged
programs on which we are initiating a CVD investigation, the Petition
is accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support necessary for the
initiation of the requested CVD investigation.\6\
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\6\ See ``Determination of Industry Support for the Petition''
section, infra.
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Period of Investigation
Because the Petition was filed on August 8, 2018, the period of
investigation is January 1, 2017, through December 31, 2017.
Scope of the Investigation
The product covered by this investigation is certain steel wheels
12 to 16.5 inches in diameter from China. For a full description of the
scope of this investigation, see the Appendix to this notice.
Scope Comments
During our review of the Petition, Commerce contacted the
petitioner regarding the proposed scope language to ensure that the
scope language in the Petition is an accurate reflection of the
products for which the domestic industry is seeking relief.\7\ As a
result of the petitioner's submissions, the scope of the Petition was
modified to clarify the description of merchandise covered by the
Petition. The description of the merchandise covered by this
initiation, as described in the Appendix to this notice, reflects these
clarifications.
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\7\ See General Issues Supplement, at 2-5 and Exhibit SGQ-2
(Revised Scope); see also August 20 Petition Supplement, at 1-2 and
Exhibit SQR2-1 (Revised Scope).
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on September 17, 2018, which is 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on September 27,
2018, which is 10 calendar days from the initial comments deadline.\10\
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigation be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\11\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, which went into effect on 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%20Filling%20Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the GOC of the receipt of the Petition and
provided them the opportunity for consultations with respect to the CVD
Petition.\12\ The GOC did not request consultations.
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\12\ See Commerce letter, ``Countervailing Duty Petition on
Certain Steel Wheels 12 to 16.5 inches in Diameter from the People's
Republic of China,'' dated August 9, 2018.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such
[[Page 45102]]
differences do not render the decision of either agency contrary to
law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\15\ Based on our analysis of the information
submitted on the record, we have determined that certain steel wheels,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\16\
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\15\ See Volume I of the Petition, at I-6 through I-8.
\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
memorandum, ``Countervailing Duty Investigation Initiation
Checklist: Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China'' (China CVD Initiation Checklist),
at Attachment II (Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Certain Steel Wheels 12
to 16.5 Inches in Diameter from the People's Republic of China).
This checklist is dated concurrently with this notice and on file
electronically via ACCESS. Access to documents filed via ACCESS is
also available in the Central Records Unit, Room B8024 of the main
Department of Commerce building.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2017.\17\ In addition,
the petitioner provided a letter of support from American Wheel
Corporation, stating that the company supports the Petition and
providing its own production of the domestic like product in 2017.\18\
The petitioner identifies itself and American Wheel Corporation as the
only companies constituting the U.S. certain steel wheels industry and
states that there are no other known producers of certain steel wheels
in the United States; therefore, the Petition is supported by 100
percent of the U.S. industry.\19\
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\17\ See Volume I of the Petition at I-9, I-31 and Exhibit I-11.
\18\ Id. at I-9 and Exhibit I-2.
\19\ Id. at I-2, I-9 and Exhibit I-1; see also General Issues
Supplement, at SGQ-5 and Exhibit SGQ-5.
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Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\20\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\23\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.
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\20\ Id.
\21\ Id.; see also section 702(c)(4)(D) of the Act.
\22\ See China CVD Initiation Checklist, at Attachment II.
\23\ Id.
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Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because it is an interested party as defined in
section 771(9)(C) of the Act, and it has demonstrated sufficient
industry support with respect to the CVD investigation that it is
requesting that Commerce initiate.\24\
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\24\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\25\
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\25\ See Volume I of the Petition, at I-19 through I-21 and
Exhibit I-8.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and lost revenues; decline in production, U.S. shipments,
and capacity utilization; decline in production-related workers and
hours worked; decline in capital expenditures; and negative impact on
financial performance.\26\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\27\
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\26\ Id. at I-15 through I-42 and Exhibits I-2, I-6, I-8, I-10,
I-11, I-14 through I-16; see also General Issues Supplement, at SGQ-
5, SGQ-6 and Exhibit SGQ-6.
\27\ See China CVD Initiation Checklist at Attachment III
(Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Steel Wheels 12 to 16.5 Inches in Diameter from the
People's Republic of China).
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Initiation of CVD Investigation
Based on the examination of the Petition, we find that the Petition
meets the requirements of section 702 of the Act. Therefore, we are
initiating a CVD investigation to determine whether imports of certain
steel wheels from China benefit from countervailable subsidies
conferred by the GOC. In accordance with section 703(b)(1) of the Act
and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all of the
subsidy programs alleged in the Petition, with certain limitations. For
a full discussion of the basis for our decision to initiate on each
program, see China CVD Initiation Checklist. A public version of the
initiation checklist for this investigation is available on ACCESS.
[[Page 45103]]
Respondent Selection
The petitioner named 36 producers/exporters as accounting for the
majority of exports of certain steel wheels to the United States from
China.\28\ In the event Commerce determines that the number of
companies is large and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of certain steel wheels from
China during the POI under the appropriate Harmonized Tariff Schedule
of the United States numbers listed in the ``Scope of the
Investigation,'' in the Appendix. On August 21, 2018, we released CBP
data under Administrative Protective Order (APO) to all parties with
access to information protected by APO and indicated that interested
parties wishing to comment regarding the CBP data and respondent
selection must do so within three business days of the publication date
of the notice of initiation of this CVD investigation.\29\ Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\28\ See General Issues Supplemental at Exhibit SGQ-1.
\29\ See memorandum, ``Countervailing Duty Investigation of
Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People's
Republic of China: U.S. Customs and Border Protection Entry Data,''
dated August 21, 2018.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.
Comments regarding respondent selection must be filed
electronically using ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the date established by Commerce. We intend to finalize our
decisions regarding respondent selection within 20 days of publication
of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public versions of the Petition have been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of certain steel wheels from China are
materially injuring, or threatening material injury to, a U.S.
industry.\30\ A negative ITC determination will result in the
investigation being terminated.\31\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\30\ See section 703(a)(2) of the Act.
\31\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). 19 CFR 351.301(b) requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\32\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\33\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in this
investigation.
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\32\ See 19 CFR 351.301(b).
\33\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Parties should review Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\34\
Parties must use the certification formats provided in 19 CFR
351.303(g).\35\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\34\ See section 782(b) of the Act.
\35\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation should ensure that
they meet the requirements of these procedures (e.g., the filing of
letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
[[Page 45104]]
Dated: August 28, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation is certain on-the-road steel
wheels, discs, and rims for tubeless tires with a nominal wheel
diameter of 12 inches to 16.5 inches, regardless of width. Certain
on-the-road steel wheels with a nominal wheel diameter of 12 inches
to 16.5 inches within the scope are generally for road and highway
trailers and other towable equipment, including, inter alia, utility
trailers, cargo trailers, horse trailers, boat trailers,
recreational trailers, and towable mobile homes. The standard widths
of certain on-the-road steel wheels are 4 inches, 4.5 inches, 5
inches, 5.5 inches, 6 inches, and 6.5 inches, but all certain on-
the-road steel wheels, regardless of width, are covered by the
scope.
The scope includes rims and discs for certain on-the-road steel
wheels, whether imported as an assembly, unassembled, or separately.
The scope includes certain on-the-road steel wheels regardless of
steel composition, whether cladded or not cladded, whether finished
or not finished, and whether coated or uncoated. The scope also
includes certain on-the-road steel wheels with discs in either a
``hub-piloted'' or ``stud-piloted'' mounting configuration, though
the stud-piloted configuration is most common in the size range
covered.
All on-the-road wheels sold in the United States must meet
Standard 110 or 120 of the National Highway Traffic Safety
Administration's (NHTSA) Federal Motor Vehicle Safety Standards,
which requires a rim marking, such as the ``DOT'' symbol, indicating
compliance with applicable motor vehicle standards. See 49 CFR
571.110 and 571.120. The scope includes certain on-the-road steel
wheels imported with or without NHTSA's required markings.
Certain on-the-road steel wheels imported as an assembly with a
tire mounted on the wheel and/or with a valve stem or rims imported
as an assembly with a tire mounted on the rim and/or with a valve
stem are included in the scope of this investigation. However, if
the steel wheels or rims are imported as an assembly with a tire
mounted on the wheel or rim and/or with a valve stem attached, the
tire and/or valve stem is not covered by the scope.
Excluded from this scope are the following:
(1) Steel wheels for use with tube-type tires; such tires use
multi piece rims, which are two-piece and three-piece assemblies and
require the use of an inner tube;
(2) aluminum wheels;
(3) certain on-the-road steel wheels that are coated entirely
with chrome; and
(4) steel wheels that do not meet Standard 110 or 120 of the
NHTSA's requirements other than the rim marking requirements found
in 49 CFR 571.110S4.4.2 and 571.120S5.2.
Certain on-the-road steel wheels subject to this investigation
are properly classifiable under the following category of the
Harmonized Tariff Schedule of the United States (HTSUS):
8716.90.5035 which covers the exact product covered by the scope
whether entered as an assembled wheel or in components. Certain on-
the-road steel wheels entered with a tire mounted on them may be
entered under HTSUS 8716.90.5059 (Trailers and semi-trailers; other
vehicles, not mechanically propelled, parts, wheels, other, wheels
with other tires) (a category that will be broader than what is
covered by the scope). While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
subject merchandise is dispositive.
[FR Doc. 2018-19205 Filed 9-4-18; 8:45 am]
BILLING CODE 3510-DS-P