[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Notices]
[Pages 10245-10247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03398]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-090, C-570-091]
Certain Steel Wheels 12 to 16.5 Inches in Diameter From the
People's Republic of China: Notice of Covered Merchandise Referral
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce) received a covered merchandise
referral from U.S. Customs and Border Protection (CBP) in connection
with a CBP EAPA investigation concerning the antidumping duty (AD) and
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countervailing duty (CVD) orders on certain steel wheels 12 to 16.5
inches in diameter (certain steel wheels) from the People's Republic of
China (China). In accordance with EAPA, Commerce intends to determine
whether the merchandise subject to the referral is covered by the scope
of the orders and promptly transmit its determination to CBP. Commerce
is providing notice of the referral and inviting participation from
interested parties.
DATES: Applicable February 19, 2021.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn or Charles Doss, AD/CVD
Operations Office III, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5848 or (202) 482-4474,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2016, the Trade Facilitation and Trade Enforcement
Act of 2015 was signed into law, which contains Title IV-Prevention of
Evasion of Antidumping and Countervailing Duty Orders, commonly
referred to as the Enforce and Protect Act of 2015 or EAPA.\1\
Effective August 22, 2016, section 421 of EAPA added section 517 to the
Tariff Act of 1930, as amended (the Act), which establishes a formal
process for CBP to investigate allegations of the evasion of AD and CVD
orders. Section 517(b)(4)(A) of the Act provides a procedure whereby
if, during the course of an EAPA investigation, CBP is unable to
determine whether the merchandise at issue is covered merchandise
within the meaning of section 517(a)(3) of the Act, it shall refer the
matter to Commerce to make such a determination. Section 517(a)(3) of
the Act defines covered merchandise as merchandise that is subject to
an AD order issued under section 736 of the Act or a CVD order issued
under section 706 of the Act. Section 517(b)(4)(B) of the Act states
that Commerce, after receiving a covered merchandise referral from CBP,
shall determine whether the merchandise is covered merchandise and
promptly transmit its determination to CBP. The Act does not establish
a deadline within which Commerce must issue its determination.
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\1\ Title IV--Prevention of Evasion of Antidumping and
Countervailing Duty Orders, Public Law 114-125, 130 Stat. 122, 155
(February 24, 2016).
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On December 17, 2020, Commerce received a covered merchandise
referral from CBP regarding CBP EAPA Investigation No. 7459,\2\ which
concerns the AD and CVD orders on certain steel wheels from China.\3\
Specifically, CBP has requested that Commerce issue a determination as
to whether certain types of steel trailer wheels produced in Thailand
from inputs sourced from China (i.e., either the rim or disc component
is sourced from China and the corresponding rim or disc component is
produced in Thailand, which may or may not involve using inputs sourced
from China), as identified in a scope ruling request previously
submitted to Commerce by Asia Wheel Co., Ltd.,\4\ and currently under
consideration in ongoing segments of the AD and CVD proceedings, are
subject to the Orders.
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\2\ See CBP's Letter, ``Scope Referral Request for Merchandise
under EAPA Cons. Investigation 7459, Imported by Lionshead Specialty
Tire and Wheel LLC; Tex Trail LLC; and Trailstar LLC., and
concerning the Investigation of Evasion of the Antidumping and
Countervailing Duty Orders (A-570-090 and C-570-091) on Steel
Trailer Wheels from the People's Republic of China,'' dated December
17, 2020. Commerce intends to make available this document and any
supporting documents on Enforcement and Compliance's Antidumping
Duty and Countervailing Duty Centralized Electronic Service System
(ACCESS) within five days of publication of this notice.
\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) (Orders).
\4\ See Asia Wheel Co., Ltd.'s Letters, ``Certain Steel Wheels
(12 to 16.5 Inches in Diameter) from the People's Republic of China:
Request for Scope Ruling for Asia Wheel's Steel Trailer Wheels,''
dated November 10, 2020.
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Notification to Interested Parties
Commerce is hereby notifying interested parties that it has
received the covered merchandise referral referenced above. As the
covered merchandise referral requests a determination on merchandise
identified in a request for a scope ruling previously submitted to
Commerce and currently under consideration, we will address the covered
merchandise referral and Asia Wheel Co., Ltd.'s scope ruling request in
the ongoing scope segments of the AD and CVD proceedings. Based on our
determinations in the ongoing scope segments of the AD and CVD
proceedings, we intend to notify CBP as to whether the merchandise
subject to the referral is covered merchandise within the meaning of
section 517(a)(3) of the Act.
Commerce intends to provide interested parties with the opportunity
to participate in these segments of the proceedings, including through
the submission of comments, and, if appropriate, new factual
information and verification. Specifically, Commerce will notify
parties on the segment-specific service list for these segments of the
proceedings of a schedule for comments. In addition, Commerce may
request factual information from any person to assist in making its
determination and may verify submissions of factual information, if
Commerce determines that such verification is appropriate. The current
deadline for Commerce to issue final scope rulings under 19 CFR
351.225(d) or initiate scope inquiries under 19 CFR 351.225(e) in the
ongoing scope segments of the AD and CVD proceedings is March 22, 2021.
Parties are also hereby notified that this is the only notice that
Commerce intends to publish in the Federal Register concerning this
covered merchandise referral. Interested parties that wish to
participate in these segments of the proceedings, and receive notice of
the final determinations, must submit their letters of appearance as
discussed below. Further, any party desiring access to business
proprietary information in these segments of the proceedings must file
an application for access to business proprietary information under
administrative protective order (APO), as discussed below.
Finally, we note that covered merchandise referrals constitute a
new type of segment of a proceeding at Commerce and, therefore,
Commerce intends to develop its practice and procedures in this area as
it gains more experience.
Scope of the Orders
The products covered by the 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
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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.
Filing Requirements
All submissions to Commerce must be filed electronically using
ACCESS.\5\ An electronically filed document must be received
successfully in its entirety by the time and date it is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information.\6\
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\5\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
\6\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Letters of Appearance and Administrative Protective Order
Interested parties that wish to participate in the AD and CVD
segments of these proceedings and be added to the public service list
for AD and CVD segments of these proceedings must file a letter of
appearance in accordance with 19 CFR 351.103(d)(1), with one exception:
The parties publicly identified by CBP in the covered merchandise
referral (referenced above) are not required to submit a letter of
appearance, and will be added to the public service list for these
segments of the proceedings by Commerce.
Commerce placed an APO on the existing AD and CVD records on
November 24, 2020,\7\ and established the APO service lists for use in
these segments. Commerce intends to place the covered merchandise
referral letter on the records of these proceedings in ACCESS within
five days of publication of this notice.
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\7\ See the Administrative Protective Orders, dated November 24,
2020.
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Interested parties must submit applications for disclosure under
the APO in accordance with the procedures outlined in Commerce's
regulations at 19 CFR 351.305. Those procedures apply to these segments
of the proceeding, with one exception: APO applicants representing the
parties that have been identified by CBP as an importer in the covered
merchandise referral (referenced above) are exempt from the additional
filing requirements for importers pursuant to 19 CFR 351.305(d).
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-03398 Filed 2-18-21; 8:45 am]
BILLING CODE 3510-DS-P