Steel Wheels From the People's Republic of China: Postponement of Final Determination of Sales at Less-Than-Fair-Value |
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P. Lee Smith
Departmemt of Commerce
1 February 2019
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1063-1064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00752]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-082]
Steel Wheels From the People's Republic of China: Postponement of
Final Determination of Sales at Less-Than-Fair-Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is postponing the
deadline for issuing the final determination in the less-than-fair-
value (LTFV) investigation of certain steel wheels from the People's
Republic of China (China) until February 11, 2019.
DATES: Applicable February 1, 2019.
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
Commerce published an Initiation Notice on April 24, 2018 and a
[[Page 1064]]
Preliminary Determination on October 30, 2018.\1\ The period of this
investigation is July 1, 2017, through December 31, 2017.
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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) and Certain Steel Wheels from
the People's Republic of China: Preliminary Determination of Sales
at Less-Than-Fair-Value, 83 FR 54568 (October 30, 2018) (Preliminary
Determination).
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Postponement of Final Determination
Section 735(a)(1) of the Tariff Act of 1930, as amended (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. Section 735(a)(2) of the Act and 19 CFR 351.210(b)(2)
provide that a final determination may be postponed until not later
than 135 days after the date of the publication of the preliminary
determination if, in the event of an affirmative preliminary
determination, a request for such postponement is made by the exporters
or producers who account for a significant proportion of exports of the
subject merchandise, or in the event of a negative preliminary
determination, a request for such postponement is made by the
petitioners. Further, 19 CFR 351.210(e)(2) requires that such
postponement requests by exporters be accompanied by a request for
extension of provisional measures from a four-month period to a period
of not more than six months, in accordance with section 733(d) of the
Act.
On August 15, 2018 and October 23, 2018, Xiamen Sunrise Wheel Group
Co., Ltd. (Sunrise), a mandatory respondent that accounts for a
``significant portion'' of subject merchandise in the LTFV
investigation, requested that Commerce postpone the final determination
by 60 days and to extend the application of the provisional measures
from a four-month period to a period of not more than six months.\2\ On
October 29, 2018, Accuride Corporation and Maxion Wheels Akron LLC
(collectively, the petitioners) urged Commerce to limit Sunrise's
requested extension to no more than 45 days.\3\
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\2\ See Sunrise's August 15 and October 23, 2018 letters re:
Request to Extend Final Determination.
\3\ See the petitioners' October 29, 2018 letter re: Extension
of Final Determination.
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In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) The preliminary determination was
affirmative; (2) the request was made by exporters who account for a
significant proportion of exports of the subject merchandise from the
country at issue; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination of the investigation
until no later than 102 days after the date of the publication of the
relevant preliminary determination, and extending the provisional
measures from a four-month period to a period of not more than six
months.\4\ Accordingly, Commerce will issue its final determination in
the LTFV investigation no later than February 11, 2019.\5\
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\4\ The respondents selected for individual examination by
Commerce have withdrawn from participation in this investigation,
reducing the need for a full extension. See e.g., Postponement of
Final Determination of Antidumping and Countervailing Duty
Investigations of Hot-Rolled Flat-Rolled Carbon-Quality Steel from
Brazil, 64 FR 9474 (February 26, 1999). The provisional measures of
CVD investigation started on August 31, 2018.
\5\ The date of the preliminary determination is October 23,
2018 and the date of the publication of the preliminary
determination is October 30, 2018. The final determination of the
accompanying countervailing duty (CVD) investigation has been
previously aligned with this investigation. Thus, the deadline for
issuing the final determination of the CVD investigation is also
February 11, 2019. See Certain Steel Wheels from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 83 FR 44573 (August 31, 2018).
Postponing the final determinations to 102 days after the date of
the publication of the preliminary determination would place the
deadline on Saturday, February 9, 2019. Commerce's practice dictates
that where a deadline falls on a weekend or federal holiday, the
appropriate deadline is the next business day. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
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This notice is issued and published pursuant to 19 CFR 351.210(g).
Dated: December 21, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2019-00752 Filed 1-31-19; 8:45 am]
BILLING CODE 3510-DS-P