Steel Trailer Wheels From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations |
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Lisa Barton
International Trade Commission
2 May 2019
[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18862-18863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08899]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-609 and 731-TA-1421 (Final)]
Steel Trailer 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-609 and 731-TA-1421 (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 trailer wheels from China,
provided for in subheading 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: April 15, 2019.
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 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 this investigation. 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
investigations 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 with
chrome;
(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 this investigation 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
[[Page 18863]]
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.''
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 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 trailer 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 August 8, 2018, by Dexstar Wheel,
Elkhart, Indiana.
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 June 21,
2019, 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,
July 9, 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 June 27, 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 July 2, 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 June 28, 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 July 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 July 10, 2019. On July 25, 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 July 29, 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
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, 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: April 26, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-08899 Filed 5-1-19; 8:45 am]
BILLING CODE 7020-02-P