[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.

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

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.

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