Certain Steel Wheels From the People's Republic of China: Preliminary Determination of Sales at Less-Than-Fair-Value |
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Gary Taverman
Department of Commerce
30 October 2018
[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Notices]
[Pages 54568-54570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23661]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-082]
Certain Steel Wheels From the People's Republic of China:
Preliminary Determination of Sales at Less-Than-Fair-Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that steel wheels from the People's Republic of China (China) are
being, or are likely to be, sold in the United States at less-than-
fair-value (LTFV) for the period of investigation (POI) July 1, 2017,
through December 31, 2017. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable October 30, 2018.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 24,
2018.\1\ On August 20, 2018, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
October 23, 2018.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty
[[Page 54569]]
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and it is available to
all parties in the Central Records Unit, room B8024 of the main
building of Commerce. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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\1\ See Certain Steel Wheels from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 83 FR 17798
(April 24, 2018) (Initiation Notice).
\2\ See Steel Wheels from the People's Republic of China:
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 83 FR 42110 (August 20, 2018).
\3\ See Memorandum re: Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Certain
Steel Wheels from the People's Republic of China, dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are steel wheels from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is not modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
we have preliminarily relied upon facts otherwise available, with
adverse inferences, for the China-wide entity because it did not
respond to our requests for information. Specifically, two mandatory
respondents withdrew their participation, and no other companies have
demonstrated their eligibility for a separate rate; thus, all companies
are preliminarily found to be part of the China-wide entity.
Furthermore, we find that the China-wide entity's lack of
participation, including the failure of certain parts of the China-wide
entity to respond to Commerce's questionnaires, constitute
circumstances under which it is reasonable to conclude that the China-
wide entity as a whole failed to cooperate to the best of its ability
to comply with Commerce's requests for information. For a full
description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
Producer Exporter average dumping
margin
(percent)
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China-Wide Entity................ China-Wide Entity... 231.70
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the amount by which normal value exceeds U.S. price,
adjusted, as appropriate, for export subsidies, as indicated in the
chart above.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce has made a preliminary affirmative determination for
domestic subsidy pass-through or export subsidies, Commerce has offset
the calculated estimated weighted-average dumping margin by the
appropriate rate(s). As discussed in the Preliminary Decision
Memorandum, we have made no adjustment for domestic subsidy pass-
through. As further explained in the Preliminary Decision Memorandum,
as an extension of our AFA finding for the China-wide entity, the
appropriate export subsidy adjustment is the lowest amount of export
subsidies found for any respondent in the companion CVD investigation,
which is zero.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b). However, because Commerce
preliminarily applied total AFA to companies in this investigation in
accordance with section 776 of the Act, and the applied AFA rate is
based solely on the petition, there are no calculations to disclose.
Verification
Because the mandatory respondents withdrew their participation,
Commerce preliminarily determines each of the mandatory respondents to
have been uncooperative, and verification of Sunrise and Jingu will not
be conducted.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 45
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\6\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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[[Page 54570]]
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm the date, time, and
location of the hearing two days before the scheduled date.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. However, on August 15, 2018,
pursuant to section 735(a)(2) of the Act, Sunrise requested that
Commerce postpone the final determination and extend provisional
measures from four months to six months.\7\ In accordance with 19 CFR
351.210(e)(2), we are still considering this request. Should we
determine to postpone the final determination and extend provisional
measures, we will publish a notification in the Federal Register.\8\
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\7\ See Sunrise's August 15, 2018 Request to Postpone Final
Determination.
\8\ See 19 CFR 351.210(g).
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 23, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to the investigation is 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 CFR 571.120. 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.
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 subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Of the Investigation
V. Discussion of the Methodology
A. Non-Market Economy Country
B. Separate Rate Status
C. The China-wide Entity
D. Application of Facts Available and Adverse Inferences
VI. Adjustments Under Section 777(A)(F) of the Act
VII. Adjustments Under Section 772(C) of the Act
VIII. Conclusion
[FR Doc. 2018-23661 Filed 10-29-18; 8:45 am]
BILLING CODE 3510-DS-P