Steel Wheels From the People's Republic of China: Postponement of Final Determination of Sales at Less-Than-Fair-Value

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