Steel Wheels From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations |
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Lisa Barton
International Trade Commission
30 November 2018
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61672-61674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26011]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-602 and 731-TA-1412 (Final)]
Steel Wheels From China; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-602 and 731-TA-1412 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of steel wheels from China, provided for
in subheadings 8708.70.45, 8708.70.60, and 8716.90.50 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: October 23, 2018.
FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.-- For purposes of these investigations, Commerce has defined
the subject merchandise as ``. . .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
[[Page 61673]]
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-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.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by the Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of steel wheels, and that such products are being
sold in the United States at less than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b). The investigations were
requested in petitions filed on March 27, 2018, by Accuride
Corporation, Evansville, Indiana, and Maxion Wheels Akron LLC, Akron,
Ohio.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on December
21, 2018, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
January 8, 2019, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before January 3, 2019. A nonparty
who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on January 7, 2019, at the U.S. International Trade Commission
Building, if deemed necessary. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is January 2, 2019. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is January 15, 2019. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before January 15, 2019. On January 31, 2019, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before February 4, 2019, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on E-Filing,
available on the
[[Page 61674]]
Commission's website at https://edis.usitc.gov, elaborates upon the
Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: November 26, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-26011 Filed 11-29-18; 8:45 am]
BILLING CODE 7020-02-P