Certain Steel Trailer Wheels 12 to 16.5 Inches From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders |
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Jeffrey I. Kessler
Department of Commerce
3 September 2019
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 45952-45954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18937]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-090, C-570-091]
Certain Steel Trailer Wheels 12 to 16.5 Inches From the People's
Republic of China: Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty (AD) and countervailing duty (CVD)
orders on imports of certain steel wheels 12 to 16.5 inches in diameter
(certain steel wheels) from the People's Republic of China (China).
DATES: Applicable September 3, 2019.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane and Charles Doss at (202)
482-5449 and (202) 482-4474, respectively (AD), and Keith Haynes at
202-482-5139 (CVD), AD/CVD Operations, Office III, Enforcement and
Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on July 9, 2019, Commerce published its
affirmative final determination of sales at less than fair value (LTFV)
and affirmative finding of critical circumstances in the AD
investigation of certain steel wheels from China, and its affirmative
final determination that countervailable subsidies are being provided
to producers and exporters of steel wheels from China and affirmative
finding of critical circumstances.\1\ On August 22, 2019, the ITC
notified Commerce of its final affirmative determinations that an
industry in the United States is materially injured by reason of LTFV
imports and subsidized imports of certain steel wheels from China,
within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of
the Act.\2\ The ITC also notified Commerce of its negative findings
concerning critical circumstances with regard to imports of this
product from China.\3\
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\1\ See Certain Steel Trailer Wheels 12 to 16.5 Inches in
Diameter from the People's Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value, and Final
Affirmative Determination of Critical Circumstances, 84 FR 32707
(July 9, 2019) (AD Final Determination); see also Certain Steel
Trailer Wheels 12 to 16.5 Inches in Diameter from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, and Final Affirmative Determination of Critical
Circumstances, 84 FR 32723 (July 9, 2019) (CVD Final Determination).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated August 22, 2019 (ITC Notification); see also
Steel Trailer Wheels from China, Inv. No. 701-TA-609 and 731-TA-1421
(USITC Publication 4943).
\3\ Id.
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Scope of the Orders
The products covered by these orders are certain steel wheels 12 to
16.5 inches in diameter from China. For a complete description of the
scope of the orders, see the appendix to this notice.
AD Order
On August 22, 2019, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of steel wheels
from China that are sold in the United States at LTFV. Therefore, in
accordance with section 735(c)(2) of the Act, we are issuing this AD
order. Because the ITC determined that imports of certain steel wheels
from
[[Page 45953]]
China are materially injuring a U.S. industry, unliquidated entries of
such merchandise from China entered, or withdrawn from warehouse, for
consumption are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of certain steel wheels from China. Antidumping duties
will be assessed on unliquidated entries of certain steel wheels from
China entered, or withdrawn from warehouse, for consumption on or after
April 22, 2019, the date of publication of the AD Preliminary
Determination.\4\
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\4\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, and Preliminary
Affirmative Determination of Critical Circumstances, 84 FR 16643
(April 22, 2019) (AD Preliminary Determination).
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Continuation of Suspension of Liquidation--AD
In accordance with section 736 of the Act, we will instruct CBP to
continue the suspension of liquidation on entries of certain steel
wheels from China, effective on the date of publication in the Federal
Register of the ITC's final affirmative injury determination. These
instructions suspending liquidation will remain in effect until further
notice.
We will also instruct CBP to require cash deposits equal to the
amount as indicated below. Accordingly, effective on the date of
publication in the Federal Register of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit equal to the estimated weighted-average dumping margins
listed below. As stated in the AD Final Determination, Commerce made
certain adjustments for export subsidies from the CVD Final
Determination to the estimated weighted-average dumping margins to
determine each of the cash deposit rates.
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Cash deposit rate
Weighted- average (adjusted for
Exporter Producer margin (percent) subsidy offsets)
(percent)
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Changzhou Chungang Machinery Co., Ltd...... Changzhou Chungang Machinery 38.27 16.57
Co., Ltd.
China-Wide Entity.......................... ............................. 44.35 22.65
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of certain steel wheels from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated antidumping duties with respect to
entries of certain steel wheels from China, entered, or withdrawn from
warehouse, for consumption on or after January 22, 2019 (i.e., 90 days
prior to the date of publication of the AD Preliminary Determination),
but before April 22, 2019 (i.e., the date of publication of the AD
Preliminary Determination).
CVD Order
On August 22, 2019, in accordance with section 705(d) of the Act,
the ITC notified Commerce of its final determination that the industry
in the United States producing steel wheels is materially injured
within the meaning of section 705(b)(1)(A)(i) of the Act by reason of
subsidized imports of steel wheels from China.\5\ Therefore, in
accordance with section 705(c)(2) of the Act, we are issuing this CVD
order.
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\5\ See ITC Notification.
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As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, Commerce will direct CBP to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after February 25, 2019, the date on
which Commerce published the CVD Preliminary Determination \6\ and
before June 25, 2019, the effective date on which Commerce instructed
CBP to discontinue the suspension of liquidation in accordance with
section 703(d) of the Act. Section 703(d) of the Act states that the
suspension of liquidation pursuant to a preliminary determination may
not remain in effect for more than 120 days. Therefore, entries of
subject merchandise from China made on or after June 25, 2019, and
prior to the date of publication of the ITC's final determination in
the Federal Register are not subject to the assessment of
countervailing duties due to Commerce's discontinuation of the
suspension of liquidation.
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\6\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from
the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination, 84 FR 5989 (February 25, 2019)
(CVD Preliminary Determination).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
from China, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of certain
steel wheels in an amount based on the net countervailable subsidy
rates for the subject merchandise. On or after the date of publication
of the ITC's final injury determination in the Federal Register,
Commerce will instruct CBP to require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit for each entry of subject merchandise equal to the subsidy
rates listed below.\7\ The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
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\7\ See section 706(a)(3) of the Act.
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Subsidy rate
Producer/exporter (percent)
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Xingmin Intelligent Transportation Systems (Group)...... 386.45
Zhejiang Jingu Company Limited.......................... 388.31
All Others.............................................. 387.38
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the affirmative
Preliminary Determination on February 25, 2019. Therefore, the four-
month period beginning on the date of the publication of the
Preliminary Determination ended on June 25, 2019.
[[Page 45954]]
Therefore, in accordance with section 733(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of certain steel wheels from China entered, or withdrawn from
warehouse, for consumption on or after June 25, 2019, the date on which
the provisional measures expired, through the day preceding the date of
publication of the ITC Final Determinations in the Federal Register.
Suspension of liquidation will resume on the date of publication of the
ITC Final Determination in the Federal Register.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of certain steel wheels from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated countervailing duties with respect to
entries of certain steel wheels from China, entered, or withdrawn from
warehouse, for consumption on or after November 27, 2018 (i.e., 90 days
prior to the date of publication of the CVD Preliminary Determination),
but before February 25, 2019 (i.e., the date of publication of the CVD
Preliminary Determination).\8\
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\8\ See CVD Preliminary Determination.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
certain steel wheels from China pursuant to sections 706(a) and 736(a)
of the Act. Interested parties can find a list of orders currently in
effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: August 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The products subject to these orders are 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 these orders. 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.
The scope includes rims, discs, and wheels that have been
further processed in a third country, including, but not limited to,
the painting of wheels from China and the welding and painting of
rims and discs from China to form a steel wheel, or any other
processing that would not otherwise remove the merchandise from the
scope of the orders if performed in China.
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 in chrome. This exclusion is limited to chrome
wheels coated entirely in chrome and produced through a chromium
electroplating process, and does not extend to wheels that have been
finished with other processes, including, but not limited to,
Physical Vapor Deposition (PVD); (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;
(5) steel wheels that meet the following specifications: steel
wheels with a nominal wheel diameter ranging from 15 inches to 16.5
inches, with a rim width of 8 inches or greater, and a wheel
backspacing ranging from 3.75 inches to 5.5 inches; and (6) steel
wheels with wire spokes.
Certain on-the-road steel wheels subject to these orders 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. 2019-18937 Filed 8-30-19; 8:45 am]
BILLING CODE 3510-DS-P