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Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2019

Publication: Federal Register
Agency: International Trade Administration
Byline: Ryan Majerus
Date: 12 November 2021
Subject: American Government

[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62788-62790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24706]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-091]


Certain Steel Wheels 12 to 16.5 Inches in Diameter From the 
People's Republic of China: Final Results and Partial Rescission of 
Countervailing Duty Administrative Review; 2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain 
producers/exporters of certain steel wheels 12 to 16.5 inches in 
diameter (steel wheels) from the People's Republic of China (China) 
received

[[Page 62789]]

countervailable subsidies during the period of review (POR) February 
25, 2019, through December 31, 2019.

DATES: Applicable November 12, 2021.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5449.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on July 
9, 2021, and invited comments from interested parties.\1\ For a 
complete description of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Certain Steel Wheels (12-16.5 Inches Diameter) from the 
People's Republic of China: Preliminary Results of Countervailing 
Duty Administrative Review, Rescission in Part, and Intent To 
Rescind in Part; 2019, 86 FR 36250 (July 9, 2021) (Preliminary 
Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019 Administrative Review of the 
Countervailing Duty Order on Certain Steel Wheels (12-16.5 inches 
diameter) from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order \3\
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    \3\ See Certain Steel Trailer Wheels 12 to 16.5 Inches from the 
People's Republic of China: Antidumping Duty and Countervailing Duty 
Orders, 84 FR 45952 (September 3, 2019) (Order).
---------------------------------------------------------------------------

    The products covered by the Order 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. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.\4\
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    \4\ See Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the interested parties' briefs are addressed 
in the Issues and Decision Memorandum. A list of the issues raised by 
interested parties and to which Commerce responded in the Issues and 
Decision Memorandum is provided in the Appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    After evaluating the comments received from interested parties and 
record information, we have made no changes to the net subsidy rates 
assigned to the mandatory respondents. For a discussion of these 
comments, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For purposes of these final results, Commerce is relying solely on 
facts otherwise available, including adverse facts available (AFA), 
pursuant to sections 776(a) and (b) of the Act because the selected 
mandatory respondents did not participate in this administrative 
review. For a full discussion of our application of AFA, see the 
Preliminary Results and the section ``Use of Facts Otherwise Available 
and Adverse Inferences'' in the accompanying Preliminary Decision 
Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Certain Steel Wheels (12-16.5 inches diameter) from the 
People's Republic of China,'' dated July 1, 2021 (Preliminary 
Decision Memorandum).
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Rescission of Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there 
are no reviewable entries of subject merchandise during the POR for 
which liquidation is suspended.\6\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\7\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct U.S. Customs and Border Protection (CBP) to liquidate at 
the calculated countervailing duty assessment rate calculated for the 
review period.\8\ We continue to find that Hangzhou Antego Industry Co. 
Ltd. did not have reviewable entries of subject merchandise for which 
liquidation is suspended. Because there is no evidence on the record of 
this segment of the proceeding to indicate that this company had 
entries, exports, or sales of subject merchandise to the United States 
during the POR, we are rescinding this review with respect to this 
company, consistent with 19 CFR 351.213(d)(3).
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    \6\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \7\ See 19 CFR 351.212(b)(2).
    \8\ See 19 CFR 351.213(d)(3).
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Final Results of Administrative Review

    We determine that, for the period February 25, 2019, through 
December 31, 2019, the following net countervailable subsidy rates 
exist:

------------------------------------------------------------------------
                                                                  Net
                                                                subsidy
                           Company                              rate ad
                                                                valorem
                                                               (percent)
------------------------------------------------------------------------
Zhejiang Jingu Company Limited and Shanghai Yata Industry         388.31
 Company Limited \9\........................................
Xiamen Topu Imports & Export Co., Ltd.......................      388.31
------------------------------------------------------------------------
\9\ In the investigation, we found that Zhejiang Jingu was cross-owned
  with An Gang Jingu (Hangzhou) Metal Materials Co., Ltd.; Hangzhou
  Jingu New Energy Development Co. Ltd.; Shangdong Jingu Auto Parts Co.,
  Ltd.; Zhejiang Jingu Automobile Components; Zhejiang Wheel World Co.,
  Ltd.; and Shanghai Yata Industry Company Limited. There is no
  information on the record of this administrative review that would
  lead Commerce to reconsider that determination, therefore, we continue
  to find these companies cross-owned. See Certain Steel 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).

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results of a review within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because Commerce applied AFA to the three mandatory respondents, in 
accordance with section 776 of the Act, there are no calculations to 
disclose.

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise covered by this review.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a

[[Page 62790]]

timely summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).

Cash Deposit Rates

    In accordance with section 751(a)(2)(C) of the Act, Commerce 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for the companies listed 
above. For all nonreviewed firms, we will instruct CBP to continue to 
collect cash deposits of estimated countervailing duties at the most 
recent company-specific or all-others rate applicable to the company, 
as appropriate. These cash deposits, when imposed, shall remain in 
effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) 
and 19 CFR 351.221(b)(5).

    Dated: November 5, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of The Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of the Administrative Review, in Part
V. Changes Since the Preliminary Results
VI. Use of Facts Available and Application of Adverse Inferences
VII. Changes Since the Preliminary Results
VIII. Analysis of Comments
    Comment: The ``All-Others'' Rate
IX. Recommendation

[FR Doc. 2021-24706 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P




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