[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32707-32710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14559]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-090]


Certain Steel 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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain 
steel wheels 12 to 16.5 inches in diameter (certain steel wheels) from 
the People's Republic of China (China) are being, or are likely to be, 
sold in the United States at less-than-fair-value (LTFV).

DATES: Applicable July 9, 2019.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane or Charles Doss, 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 or (202) 482-4474, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 22, 2019, Commerce published the Preliminary Determination 
of sales at LTFV of certain steel wheels from China in the Federal 
Register.\1\ A complete summary of the events that occurred since 
Commerce published the Preliminary Determination, as well as a full 
discussion of the issues raised by the parties for this final 
determination, may be found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ 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) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for Final 
Affirmative Determination in the Antidumping Duty Investigation of 
Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    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, 
and ACCESS is available to all parties in the Central Records Unit, 
Room B8024 of the main Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\3\ Accordingly, the 
deadline for the final determination of this investigation is July 1, 
2019.
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is January 1, 2018 through June 30, 
2018.

Scope of the Investigation

    The products covered by this investigation are certain steel wheels 
12 to 16.5 inches in diameter from China. For a complete description of 
the scope of this investigation, see Appendix I of this notice.

Scope Comments

    During the course of this investigation and the concurrent 
countervailing duty (CVD) investigation of certain steel wheels from 
China, Commerce received scope comments from interested parties. 
Commerce issued a Preliminary Scope Decision Memorandum to address 
these comments and set aside a period of time for parties to address 
scope issues in scope case and rebuttal briefs.\4\ Commerce has 
reviewed the briefs submitted by interested parties, considered the 
arguments therein. For a summary of the scope comments and rebuttal 
responses submitted to the record for this final determination, along 
with the accompanying discussion and analysis of all comments timely 
received, see the Final Scope Decision Memorandum.\5\ As a result, we 
have made changes to the scope of the investigations, including 
additional clarifying language.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Certain Steel Wheels 12 to 16.5 Inches in 
Diameter from the People's Republic of China: Preliminary Scope 
Decision Memorandum,'' dated April 15, 2019.
    \5\ See Memorandum, ``Certain Steel Wheels 12 to 16.5 Inches in 
Diameter from the People's Republic of China: Final Scope Comments 
Decision Memorandum,'' dated July 1, 2019 (Final Scope Decision 
Memorandum).
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances

    In the Preliminary Determination, Commerce preliminarily 
determined, pursuant to section 733(e) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.206, that critical circumstances 
exist with respect to imports of certain steel wheels from Changzhou 
Chungang Machinery Co., Ltd. (Chungang Machinery), a non-individually 
examined company receiving a separate rate, and the China-wide entity. 
For this final determination, we continue to find that critical 
circumstances exist for Chungang Machinery and the China-

[[Page 32708]]

wide entity, pursuant to section 735(a)(3) of the Act and 19 CFR 
351.206. For a full description of the methodology and results of 
Commerce's analysis, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding, other than those issues 
related to scope, are discussed in the Issues and Decision Memorandum. 
A list of the issues raised by parties and responded to by Commerce are 
in the Issues and Decision Memorandum, is attached at Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
731 of the Act. Pursuant to section 776(a) and (b) of the Act, we have 
relied upon facts otherwise available, with adverse inferences (AFA), 
for the China-wide entity, which includes each of the three companies 
selected for individual examination: Xiamen Sunrise Wheel Group Co., 
Ltd. (Sunrise), Xingmin Intelligent Transportation System Co., Ltd. 
(Xingmin), and Zhejiang Jingu Co., Ltd. (Zhejiang Jingu). As AFA, we 
assigned the highest margin alleged in the Petition of 44.35 
percent.\6\ We find a single entity, Chungang Machinery, which was not 
selected for individual examination in this investigation, to have 
demonstrated eligibility for a separate rate. Because none of the 
mandatory respondents are receiving a separate rate and we are 
determining the China-wide rate based on AFA, we look to section 
735(c)(5)(B) of the Act for guidance and are, consistent with that 
provision, using ``any reasonable method'' to determine the rate for 
exporters that are not being individually examined and found to be 
entitled to a separate rate. As ``any reasonable method,'' we continue 
to find it appropriate to assign the simple average of the Petition 
rates (i.e., 38.27 percent) to Chungang Machinery, the separate rate 
applicant not individually examined. For a full description of the 
methodology underlying Commerce's final determination, see the Issues 
and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See Commerce's letter, ``Less-Than-Fair-Value Investigation 
of Certain Steel Wheels 12 to 16.5 Inches in Diameter from the 
People's Republic of China: Respondent Selection,'' dated October 
11, 2018.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we did not make 
changes to the antidumping margin calculations set forth in the 
Preliminary Determination.\7\ For a discussion of these comments, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \7\ However, we note that the cash deposit rate listed in the 
``Final Determination'' section, infra, changed from the Preliminary 
Determination, as a result of the changes in the concurrent CVD 
investigation.
---------------------------------------------------------------------------

China-Wide Entity and Use of Adverse Facts Available

    For the reasons explained in the Preliminary Determination, we 
continue to find that the use of AFA, pursuant to sections 776(a) and 
(b) of the Act, is appropriate and are applying a rate based entirely 
on AFA to the China-wide entity.\8\ Commerce did not receive timely 
responses to its quantity and value (Q&V) questionnaire, separate rate 
applications, or separate rate supplemental questionnaires from certain 
exporters and/or producers of subject merchandise that were named in 
the petition and to which Commerce issued Q&V questionnaires.\9\ 
Sunrise, Xingmin, and Zhejiang Jingu, which were selected as a 
mandatory respondents in this investigation, each indicated their 
intent to withdraw participation from this investigation, and were thus 
deemed non-responsive.\10\ As these non-responsive companies in China 
did not demonstrate that they are eligible for separate rate status, 
Commerce continues to consider them to be a part of the China-wide 
entity. Consequently, we continue to find that the China-wide entity 
withheld requested information, significantly impeded the proceeding, 
and also failed to cooperate to the best of its ability, and thus we 
are continuing to base the China-wide entity's rate on AFA.
---------------------------------------------------------------------------

    \8\ The China-wide entity includes mandatory respondents Xiamen 
Sunrise Wheel Group Co., Ltd. (Sunrise), Xingmin Intelligent 
Transportation System Co., Ltd. (Xingmin), and Zhejiang Jingu Co., 
Ltd. (Zhejiang Jingu).
    \9\ See Preliminary Decision Memorandum at 13.
    \10\ Id.
---------------------------------------------------------------------------

China-Wide Rate

    In selecting the AFA rate for the China-wide entity, Commerce's 
practice is to select a rate that is sufficiently adverse to ensure 
that the uncooperative party does not obtain a more favorable result by 
failing to cooperate than if it had fully cooperated.\11\ Specifically, 
it is Commerce's practice to select, as an AFA rate, the higher of: (a) 
The highest dumping margin alleged in the petition; or, (b) the highest 
calculated dumping margin of any respondent in the investigation.\12\ 
For the final determination, we are assigning the China-wide entity, as 
AFA, the highest petition margin of 44.35 percent. We have corroborated 
the dumping margin alleged in the Petition to the extent 
practicable.\13\
---------------------------------------------------------------------------

    \11\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination: 
Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December 
27, 2004), unchanged in Notice of Final Determination of Sales at 
Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland, 
70 FR 28279 (May 17, 2005).
    \12\ See, e.g., Certain Stilbenic Optical Brightening Agents 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final 
Determination of Sales at Less Than Fair Value: Cold-Rolled Flat-
Rolled Carbon Quality Steel Products from the People's Republic of 
China, 65 FR 34660 (May 31, 2000), and accompanying Issues and 
Decision Memorandum.
    \13\ See Preliminary Decision Memorandum at 17.
---------------------------------------------------------------------------

Combination Rates

    In the Initiation Notice, Commerce stated that it would calculate 
producer/exporter combination rates for the respondents that are 
eligible for a separate rate in this investigation.\14\ For the final 
determination, we continue to find that Chungang Machinery is eligible 
for a separate rate. Pursuant to section 735(c)(5)(A) of the Act, 
Commerce's practice is to assign to separate rate entities that were 
not individually examined a rate equal to the weighted average of the 
rates calculated for the individually examined respondents, excluding 
any rates that are zero, de minimis, or based entirely on facts 
available. Because we are determining the China-wide rate (of which the 
mandatory respondents are a part) based entirely on AFA, we look to 
section 735(c)(5)(B) of the Act for guidance and ``any reasonable 
method'' to determine the rate for exporters that are not being 
individually examined and found to be entitled to a separate rate. As 
``any reasonable method,'' we find it appropriate to assign the simple 
average of the Petition rates (i.e., 38.27 percent) to the separate 
rate applicant not individually examined.\15\ Thus, consistent with our 
normal practice, we have assigned to the non-individually examined 
separate-rate company, Chungang Machinery, the simple

[[Page 32709]]

average of the Petition rates, i.e., 38.27 percent.
---------------------------------------------------------------------------

    \14\ See Certain Steel Wheels 12 to 16.5 Inches in Diameter from 
the People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigations, 83 FR 45095 (September 5, 2018) (Initiation Notice), 
and accompanying Initiation Checklist; see also Preliminary 
Determination, 84 FR at 16644.
    \15\ See Initiation Notice 83 FR at 45098 and accompanying 
Initiation Checklist. Commerce revised the petitioner's calculated 
petition margins so that the adjusted petition margins are 44.35, 
37.24, 43.12, 42.28, 37.32, 30.48, 36.11, and 35.27 percent. The 
simple average of these margins is 38.27 percent.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following weighted-average dumping 
margins exist for the period January 1, 2018 through June 30, 2018:

------------------------------------------------------------------------
                                                           Cash deposit
                                             Weighted-    rate (adjusted
            Exporter/producer             average margin    for subsidy
                                             (percent)       offsets)
                                                             (percent)
------------------------------------------------------------------------
Changzhou Chungang Machinery Co., Ltd...           38.27           16.57
China-Wide Entity.......................           44.35           22.65
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with its final determination within five days 
of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, in this investigation, 
Commerce has applied total AFA to the mandatory respondents in this 
investigation in accordance with section 776 of the Act, and the 
applied AFA rate is based solely on the Petition, and the rate assigned 
to the separate rate company was a simple average of the Petition 
rates. Therefore, there are no calculations to disclose.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of certain steel wheels 
from China, as described in Appendix I of this notice, from the 
separate rate company, Chungang Machinery, and the China-wide entity, 
including Sunrise, Xingmin, and Zhejiang Jingu, and, in accordance with 
section 735(c)(4) of the Act, because we continue to find that critical 
circumstances exist, we will instruct CBP to continue to suspend 
liquidation of all appropriate entries of certain steel wheels from 
China which were entered, or withdrawn from warehouse, for consumption 
on or after January 22, 2019, which is 90 days prior to the date of 
publication of the Preliminary Determination in the Federal Register.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion CVD 
proceeding when CVD provisional measures are in effect. Accordingly, 
where Commerce makes an affirmative determination for domestic subsidy 
pass-through or export subsidies, Commerce offsets the calculated 
estimated weighted-average dumping margin by the appropriate rate(s). 
We have made an affirmative final determination for export subsidies 
for certain respondents and all others in the companion CVD 
investigation. However, suspension of liquidation for provisional 
measures in the companion CVD case has been discontinued; therefore, we 
are not instructing CBP to collect cash deposits based upon the 
adjustment for those export subsidies at this time.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce will 
instruct CBP to require a cash deposit equal to the weighted-average 
amount by which NV exceeds U.S. price as follows: (1) The cash deposit 
rate for the exporter/producer combination listed in the table above 
will be the rate identified for that combination in the table; (2) for 
all combinations of exporters/producers of merchandise under 
consideration that have not received their own separate rate above, the 
cash-deposit rate will be the cash deposit rate established for the 
China-wide entity; and (3) for all non-Chinese exporters of the 
merchandise under consideration which have not received their own 
separate rate above, the cash-deposit rate will be the cash deposit 
rate applicable to the Chinese exporter/producer combination that 
supplied that non-Chinese exporter. These suspension of liquidation 
instructions will remain in effect until further notice.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of certain steel wheels from China 
no later than 45 days after our final determination. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated, and all cash deposits will be 
refunded. If the ITC determines that such injury does exist, Commerce 
will issue an antidumping duty order directing CBP to assess, upon 
further instruction by Commerce, antidumping duties on all imports of 
the subject merchandise, entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: July 1, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The products subject to these investigations 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,

[[Page 32710]]

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 investigations. 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 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 investigations 
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.

Attachment II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Affirmative Determination of Critical Circumstances
VI. Changes Since the Preliminary Determination
VII. Adjustments to Cash Deposit Rates for Export Subsidies
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Discussion of the Issues
    Comment 1: Selection of the AFA Rate
    Comment 2: Whether Critical Circumstances Exist
X. Recommendation

[FR Doc. 2019-14559 Filed 7-8-19; 8:45 am]
 BILLING CODE 3510-DS-P