83_FR_17873 83 FR 17794 - Certain Steel Wheels From the People's Republic: Initiation of Countervailing Duty Investigation

83 FR 17794 - Certain Steel Wheels From the People's Republic: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range17794-17798
FR Document2018-08469

Federal Register, Volume 83 Issue 79 (Tuesday, April 24, 2018) 
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17794-17798]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-083]


Certain Steel Wheels From the People's Republic: Initiation of 
Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable April 16, 2018.

FOR FURTHER INFORMATION CONTACT: Eli Lovely at (202) 482-1593 or Maisha 
Cryor at (202) 482-5831, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On March 27, 2018, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) Petition concerning imports of 
certain steel wheels (steel wheels) from the People's Republic of China 
(China), filed in proper form on behalf of Accuride Corporation 
(Accuride) and Maxion Wheels Akron LLC (collectively, the 
petitioners).\1\ The CVD Petition was accompanied by an antidumping 
duty (AD) Petition concerning imports of steel wheels China. The 
petitioners are domestic producers of steel wheels.\2\
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    \1\ See the petitioners' letter, ``Petitions for the Imposition 
of Antidumping Duties and Countervailing Duties on Imports of 
Certain Steel Wheels From the People's Republic of China,'' dated 
March 27, 2018 (the Petition).
    \2\ Id. at Volume I of the Petition at I-2.
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    On March 30, 2018, Commerce requested supplemental information 
pertaining to certain aspects of the Petitions. The petitioners filed 
additional information on April 3, 2018.\3\ On April 9 and 13, 2018, 
Commerce requested the petitioners to clarity the scope of the 
Petition.\4\ The petitioners filed responses to Commerce's scope 
request on April 13, 2018.\5\
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    \3\ See the petitioners' letters, ``Certain Steel Wheels from 
the People's Republic of China (C-570-083): Petitioners' Response to 
the Department's March 30, 2018 Supplemental Questionnaire Regarding 
the Countervailing Duty Petition, dated March 30, 2018); and 
``Petitioners' Response to the Department of Commerce's March 30, 
2018 General Issues Questionnaire Regarding the Petitions for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
Certain Steel Wheels from the People's Republic of China,'' dated 
April 3, 2018 (General Issues Supplement).
    \4\ See Commerce's Memorandum to the File, ``Phone Call with 
Counsel to Petitioners,'' dated April 9, 2018 and Commerce's 
Memorandum to the File, ``Phone Call with Counsel to Petitioners,'' 
dated April 13, 2018.
    \5\ See the petitioners' Letter, ``Petitioners' Scope 
Clarification Regarding the Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Steel 
Wheels from the People's Republic of China,'' dated April 13, 2018.
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of steel wheels in 
China and imports of such products are materially injuring, or 
threatening material injury to, the domestic steel wheels industry in 
the United States. Consistent with section 702(b)(1) of the Act and 19 
CFR 351.202(b), for those alleged programs on which we are initiating a 
CVD investigation, the Petition is accompanied by information 
reasonably available to the petitioners supporting their allegations.
    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because the petitioners are interested parties as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioners demonstrated sufficient industry

[[Page 17795]]

support necessary for the initiation of the requested CVD 
investigation.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because the Petition was filed on March 27, 2018, the period of 
investigation is January 1, 2017, through December 31, 2017.

Scope of the Investigation

    The product covered by these investigations is steel wheels from 
China. For a full description of the scope of these investigations, see 
the Appendix to this notice.

Scope Comments

    During our review of the Petition, Commerce issued questions to, 
and received responses from, the petitioners pertaining to the proposed 
scope to ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ As a result of these exchanges, the scope of the Petition 
was modified to clarify the description of merchandise covered by the 
Petition. The description of the merchandise covered by this 
initiation, as described in the Appendix to this notice, reflects these 
clarifications.
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    \7\ See General Issues Supplemental Questionnaire, at 3-5.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on May 6, 2018, which is 20 calendar days from the signature date 
of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on May 16, 2018, which is 10 
calendar days from the initial comments deadline.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigation be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigations may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of each of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, which went into effect on 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%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified representatives of the GOC of the receipt of the Petition and 
provided them the opportunity for consultations with respect to the CVD 
Petition.\12\ The GOC did not request consultations.
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    \12\ See Letter from Robert Bolling, Program Manager, Office IV, 
to the Embassy of China ``Countervailing Duty Petition on Certain 
Steel Wheels from China,'' dated April 2, 2018.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
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    \13\ See Section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in a 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the Petition. Based on our analysis of the information submitted on 
the record, we have determined that steel wheels, as defined in the 
scope, constitute a single domestic like product, and we have

[[Page 17796]]

analyzed industry support in terms of that domestic like product.\15\
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    \15\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Certain Steel Wheels from the People's Republic of China 
(Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Certain Steel Wheels from the People's Republic of China 
(Attachment II). This checklist is dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building.
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    In determining whether the petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition and the General Issues Supplement with 
reference to the domestic like product as defined in the ``Scope of the 
Investigation,'' in the Appendix to this notice. The petitioners 
provided their 2017 production of the domestic like product.\16\ The 
petitioners state that they are the only known producers of steel 
wheels in the United States; therefore, the Petition is supported by 
100 percent of the U.S. industry.\17\
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    \16\ See Volume I of the Petition, at I-36.
    \17\ Id. at I-7 and Exhibit I-1; see also General Issues 
Supplement, at SGQ-11--SGQ-12 and Exhibit SGQ-10.
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    Our review of the data provided in the Petition, General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioners have established industry support for 
the Petition.\18\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\19\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\20\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\21\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.
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    \18\ See Initiation Checklist, at Attachment II.
    \19\ See section 702(c)(4)(D) of the Act; see also Initiation 
Checklist, at Attachment II.
    \20\ See Initiation Checklist, at Attachment II.
    \21\ Id.
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    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because they are interested parties as defined in 
section 771(9)(C) of the Act, and they have demonstrated sufficient 
industry support with respect to the CVD investigation that they are 
requesting that Commerce initiate.\22\
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    \22\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioners 
allege that subject imports exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\23\
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    \23\ See Volume I of the Petition, at I-20--I-22 and Exhibit I-
15.
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    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports, 
reduced market share and increasing market share of subject imports, 
underselling and price depression or suppression, lost sales and 
revenues, and adverse effects on petitioners' operating indicators and 
financial results.\24\ We have assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we have determined that these allegations are properly 
supported by adequate evidence, and meet the statutory requirements for 
initiation.\25\
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    \24\ Id. at I-22 through I-37, Exhibits I-10 through I-16, and 
Exhibit I-25.
    \25\ See Initiation Checklist at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Certain Steel 
Wheels from the People's Republic of China.
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Initiation of CVD Investigation

    Based on the examination of the Petition, we find that the Petition 
meet the requirements of section 702 of the Act. Therefore, we are 
initiating a CVD investigation to determine whether imports of steel 
wheels from China benefit from countervailable subsidies conferred by 
the GOC. In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of this initiation.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on all of the 
subsidy programs alleged in the petition, with certain limitations. For 
a full discussion of the basis for our decision to initiate on each 
program, see China CVD Initiation Checklist. A public version of the 
initiation checklist for this investigation is available on ACCESS.

Respondent Selection

    The petitioners named 32 companies in China \26\ as producers/
exporters of steel wheels. Commerce intends to follow its standard 
practice in CVD investigations and calculate company-specific subsidy 
rates in these investigations. In the event Commerce determines that 
the number of companies is large and it cannot individually examine 
each company based upon Commerce's resources, where appropriate, 
Commerce intends to select mandatory respondents based on U.S. Customs 
and Border Protection (CBP) data for U.S. imports of steel wheels from 
China during the POI under the appropriate Harmonized Tariff Schedule 
of the United States numbers listed in the ``Scope of the 
Investigation,'' in the Appendix.
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    \26\ See General Issues Supplemental Questionnaire Response at 
Exhibit SGQ-1.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.
    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to finalize our decisions regarding respondent selection 
within 20 days of publication of this notice.

[[Page 17797]]

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public versions of the Petition have been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of steel wheels from China are materially 
injuring, or threatening material injury to, a U.S. industry.\27\ A 
negative ITC determination will result in the investigation being 
terminated.\28\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \27\ See section 703(a)(2) of the Act.
    \28\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\29\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\30\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in these 
investigations.
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    \29\ See 19 CFR 351.301(b).
    \30\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Parties should review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\31\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\32\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \31\ See section 782(b) of the Act.
    \32\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).

    Dated: April 16, 2018.
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.

Appendix

Scope of the Investigation

    The merchandise subject to the investigation is certain on-the-
road steel wheels, discs, and rims for tubeless tires, with a 
nominal rim diameter of 22.5 inches and 24.5 inches, regardless of 
width. Certain on-the-road steel wheels with a nominal wheel 
diameter of 22.5 inches and 24.5 inches are generally for Class 6, 
7, and 8 commercial vehicles (as classified by the Federal Highway 
Administration Gross Vehicle Weight Rating system), including 
tractors, semi-trailers, dump trucks, garbage trucks, concrete 
mixers, and buses, and are the current standard wheel diameters for 
such applications. The standard widths of certain on-the-road steel 
wheels are 7.5 inches, 8.25 inches, and 9.0 inches, but all certain 
on-the-road steel wheels, regardless of width, are covered by the 
scope. While 22.5 inches and 24.5 inches are standard wheel sizes 
used by Class 6, 7, and 8 commercial vehicles, the scope covers 
sizes that may be adopted in the future for Class 6, 7, and 8 
commercial vehicles.
    The scope includes certain on-the-road steel wheels with either 
a ``hub-piloted'' or ``stud-piloted'' mounting configuration, and 
includes rims and discs for such wheels, whether imported as an 
assembly or separately. The scope includes certain on-the-road steel 
wheels, discs, and rims, of carbon and/or alloy steel composition, 
whether cladded or not cladded, whether finished or not finished, 
and whether coated or uncoated. All on-the-road wheels sold in the 
United States are subject to the requirements of the National 
Highway Traffic Safety Administration and bear markings, such as the 
``DOT'' symbol, indicating compliance with applicable motor vehicle 
standards. See 49 CFR 571.120. The scope includes certain on-the-
road steel wheels imported with or without the 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 attached are included. 
However, if the certain on-the-road steel wheel is imported as an 
assembly with a tire mounted on the wheel and/or with a valve stem 
attached, the certain on-the-road steel wheel is covered by the 
scope, but the tire and/or valve stem is not covered by the scope.
    Excluded from the scope are:
    (1) Steel wheels for tube-type tires that require a removable 
side ring;
    (2) aluminum wheels;
    (3) wheels where steel represents less than fifty percent of the 
product by weight; and

[[Page 17798]]

    (4) steel wheels that do not meet National Highway Traffic 
Safety Administration requirements, other than the rim marking 
requirements found in 49 CFR Sec.  571.120S5.2.
    Imports of the subject merchandise are currently classified 
under the following Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 8708.70.4530, 8708.70.4560, 8708.70.6030, 
8708.70.6060, 8716.90.5045, and 8716.90.5059. Merchandise meeting 
the scope description may also enter under the following HTSUS 
subheadings: 4011.20.1015, 4011.20.5020, and 8708.99.4850. While 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the subject merchandise is dispositive.
[FR Doc. 2018-08469 Filed 4-23-18; 8:45 am]
BILLING CODE 3510-DS-P

17794 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices notice of ‘‘Opportunity to Request instructions to CBP 15 days after (collectively, the petitioners).1 The CVD Administrative Review’’ of the publication of this notice in the Federal Petition was accompanied by an countervailing duty order on welded Register. antidumping duty (AD) Petition line pipe from Turkey for the period concerning imports of steel wheels Notification Regarding Administrative January 1, 2016 through December 31, China. The petitioners are domestic Protective Orders 2016.1 In December 2017, Commerce producers of steel wheels.2 received a timely request, in accordance This notice serves as a reminder to On March 30, 2018, Commerce with section 751(a) of the Tariff Act of parties subject to administrative requested supplemental information 1930, as amended (the Act), to conduct protective order (APO) of their pertaining to certain aspects of the an administrative review of this responsibility concerning the return or Petitions. The petitioners filed countervailing duty order from one of destruction of proprietary information additional information on April 3, the petitioners in this case, Maverick disclosed under APO in accordance 2018.3 On April 9 and 13, 2018, Tube Corporation (Maverick).2 Based with 19 CFR 351.305. Timely written Commerce requested the petitioners to upon this request, on February 23, 2018, notification of the return/destruction of clarity the scope of the Petition.4 The in accordance with section 751(a) of the APO materials or conversion to judicial petitioners filed responses to Act, Commerce published in the protective order is hereby requested. Commerce’s scope request on April 13, Federal Register a notice of initiation Failure to comply with the regulations 2018.5 listing 19 companies for which and terms of an APO is a violation Commerce received timely requests for which is subject to sanction. In accordance with section 702(b)(1) review.3 This notice is issued and published in of the Tariff Act of 1930, as amended On April 12, 2018, Maverick accordance with section 751 of the Act (the Act), the petitioners allege that the withdrew its request for an and 19 CFR 351.213(d)(4). Government of China (GOC) is administrative review.4 providing countervailable subsidies, Dated: April 18, 2018. within the meaning of sections 701 and Rescission of Review James Maeder, 771(5) of the Act, to producers of steel Pursuant to 19 CFR 351.213(d)(1), the Associate Deputy Assistant Secretary for wheels in China and imports of such Secretary will rescind an administrative Antidumping and Countervailing Duty products are materially injuring, or Operations performing the duties of Deputy threatening material injury to, the review, in whole or in part, if a party Assistant Secretary for Antidumping and domestic steel wheels industry in the who requested the review withdraws Countervailing Duty Operations. the request within 90 days of the date United States. Consistent with section [FR Doc. 2018–08468 Filed 4–23–18; 8:45 am] of publication of notice of initiation of 702(b)(1) of the Act and 19 CFR BILLING CODE 3510–DS–P 351.202(b), for those alleged programs the requested review. The aforementioned withdrawal request was on which we are initiating a CVD timely submitted, and no other investigation, the Petition is DEPARTMENT OF COMMERCE accompanied by information reasonably interested party requested an administrative review of any company. International Trade Administration available to the petitioners supporting Therefore, we are rescinding the their allegations. administrative review of the Commerce finds that the petitioners [C–570–083] countervailing duty order on welded filed the Petition on behalf of the line pipe from Turkey covering the Certain Steel Wheels From the domestic industry because the period January 1, 2016 through People’s Republic: Initiation of petitioners are interested parties as December 31, 2016. Countervailing Duty Investigation defined in section 771(9)(C) of the Act. Assessment Commerce also finds that the petitioners AGENCY: Enforcement and Compliance, demonstrated sufficient industry Commerce will instruct U.S. Customs International Trade Administration, and Border Protection (CBP) to assess Department of Commerce. 1 See the petitioners’ letter, ‘‘Petitions for the countervailing duties on all appropriate Imposition of Antidumping Duties and DATES: Applicable April 16, 2018. entries. Countervailing duties shall be Countervailing Duties on Imports of Certain Steel assessed at rates equal to the cash FOR FURTHER INFORMATION CONTACT: Eli Wheels From the People’s Republic of China,’’ Lovely at (202) 482–1593 or Maisha dated March 27, 2018 (the Petition). deposit of estimated countervailing 2 Id. at Volume I of the Petition at I–2. duties required at the time of entry, or Cryor at (202) 482–5831, AD/CVD 3 See the petitioners’ letters, ‘‘Certain Steel withdrawal from warehouse, for Operations, Enforcement and Wheels from the People’s Republic of China (C– consumption, in accordance with 19 Compliance, International Trade 570–083): Petitioners’ Response to the Department’s CFR 351.212(c)(1)(i). Commerce intends Administration, U.S. Department of March 30, 2018 Supplemental Questionnaire Commerce, 1401 Constitution Avenue Regarding the Countervailing Duty Petition, dated to issue appropriate assessment March 30, 2018); and ‘‘Petitioners’ Response to the NW, Washington, DC 20230. Department of Commerce’s March 30, 2018 General 1 See Antidumping or Countervailing Duty Order, SUPPLEMENTARY INFORMATION: Issues Questionnaire Regarding the Petitions for the Finding, or Suspended Investigation; Opportunity Imposition of Antidumping and Countervailing to Request Administrative Review, 82 FR 57219 The Petition Duties on Imports of Certain Steel Wheels from the (December 4, 2017). People’s Republic of China,’’ dated April 3, 2018 2 See Letter from Maverick to Commerce, On March 27, 2018, the U.S. (General Issues Supplement). ‘‘Welded Line Pipe from the Republic of Turkey: Department of Commerce (Commerce) 4 See Commerce’s Memorandum to the File, daltland on DSKBBV9HB2PROD with NOTICES Request for Administrative Review,’’ dated ‘‘Phone Call with Counsel to Petitioners,’’ dated December 29, 2017. received a countervailing duty (CVD) April 9, 2018 and Commerce’s Memorandum to the 3 See Initiation of Antidumping and Petition concerning imports of certain File, ‘‘Phone Call with Counsel to Petitioners,’’ Countervailing Duty Administrative Reviews, 83 FR steel wheels (steel wheels) from the dated April 13, 2018. 8058 (February 23, 2018). People’s Republic of China (China), 5 See the petitioners’ Letter, ‘‘Petitioners’ Scope 4 See Letter from Maverick to Commerce, Clarification Regarding the Petitions for the filed in proper form on behalf of ‘‘Welded Line Pipe from the Republic of Turkey: Imposition of Antidumping and Countervailing Withdrawal of Request for Administrative Review,’’ Accuride Corporation (Accuride) and Duties on Imports of Certain Steel Wheels from the dated April 12, 2018. Maxion Wheels Akron LLC People’s Republic of China,’’ dated April 13, 2018. VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17795 support necessary for the initiation of submitted during this period. However, support for, or opposition to, the the requested CVD investigation.6 if a party subsequently finds that petition. Moreover, section 702(c)(4)(D) additional factual information of the Act provides that, if the petition Period of Investigation pertaining to the scope of the does not establish support of domestic Because the Petition was filed on investigations may be relevant, the party producers or workers accounting for March 27, 2018, the period of may contact Commerce and request more than 50 percent of the total investigation is January 1, 2017, through permission to submit the additional production of the domestic like product, December 31, 2017. information. All such submissions must Commerce shall: (i) Poll the industry or be filed on the records of each of the rely on other information in order to Scope of the Investigation concurrent AD and CVD investigations. determine if there is support for the The product covered by these investigations is steel wheels from Filing Requirements petition, as required by subparagraph China. For a full description of the All submissions to Commerce must be (A); or (ii) determine industry support scope of these investigations, see the filed electronically using Enforcement using a statistically valid sampling Appendix to this notice. and Compliance’s Antidumping Duty method to poll the ‘‘industry.’’ and Countervailing Duty Centralized Section 771(4)(A) of the Act defines Scope Comments Electronic Service System (ACCESS).11 the ‘‘industry’’ as the producers as a During our review of the Petition, An electronically filed document must whole of a domestic like product. Thus, Commerce issued questions to, and be received successfully in its entirety to determine whether a petition has the received responses from, the petitioners by the time and date it is due. requisite industry support, the statute pertaining to the proposed scope to Documents exempted from the directs Commerce to look to producers ensure that the scope language in the electronic submission requirements and workers who produce the domestic Petition is an accurate reflection of the must be filed manually (i.e., in paper like product. The International Trade products for which the domestic form) with Enforcement and Commission (ITC), which is responsible industry is seeking relief.7 As a result of Compliance’s APO/Dockets Unit, Room for determining whether ‘‘the domestic these exchanges, the scope of the 18022, U.S. Department of Commerce, industry’’ has been injured, must also Petition was modified to clarify the 1401 Constitution Avenue NW, determine what constitutes a domestic description of merchandise covered by Washington, DC 20230, and stamped like product in order to define the the Petition. The description of the with the date and time of receipt by the merchandise covered by this initiation, industry. While both Commerce and the applicable deadlines. as described in the Appendix to this ITC must apply the same statutory Consultations definition regarding the domestic like notice, reflects these clarifications. As discussed in the Preamble to Pursuant to sections 702(b)(4)(A)(i) product,13 they do so for different Commerce’s regulations, we are setting and (ii) of the Act, Commerce notified purposes and pursuant to a separate and aside a period for interested parties to representatives of the GOC of the receipt distinct authority. In addition, raise issues regarding product coverage of the Petition and provided them the Commerce’s determination is subject to (scope).8 Commerce will consider all opportunity for consultations with limitations of time and information. comments received from interested respect to the CVD Petition.12 The GOC Although this may result in different parties and, if necessary, will consult did not request consultations. definitions of the like product, such with interested parties prior to the differences do not render the decision of Determination of Industry Support for issuance of the preliminary the Petition either agency contrary to law.14 determination. If scope comments Section 771(10) of the Act defines the include factual information,9 all such Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic like product as ‘‘a product factual information should be limited to which is like, or in the absence of like, public information. To facilitate domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets most similar in characteristics and uses preparation of its questionnaires, with, the article subject to an Commerce requests that all interested this requirement if the domestic producers or workers who support the investigation under this title.’’ Thus, the parties submit such comments by 5:00 reference point from which the p.m. Eastern Time (ET) on May 6, 2018, petition account for: (i) At least 25 percent of the total production of the domestic like product analysis begins is which is 20 calendar days from the ‘‘the article subject to an investigation’’ signature date of this notice. Any domestic like product; and (ii) more than 50 percent of the production of the (i.e., the class or kind of merchandise to rebuttal comments, which may include domestic like product produced by that be investigated, which normally will be factual information, must be filed by portion of the industry expressing the scope as defined in a petition). 5:00 p.m. ET on May 16, 2018, which is 10 calendar days from the initial With regard to the domestic like 11 See Antidumping and Countervailing Duty comments deadline.10 product, the petitioners do not offer a Proceedings: Electronic Filing Procedures; Commerce requests that any factual Administrative Protective Order Procedures, 76 FR definition of the domestic like product information parties consider relevant to 39263 (July 6, 2011). See also Enforcement and distinct from the scope of the Petition. the scope of the investigation be Compliance: Change of Electronic Filing System Based on our analysis of the information Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, submitted on the record, we have 6 See ‘‘Determination of Industry Support for the which went into effect on August 5, 2011. determined that steel wheels, as defined Petition’’ section, infra. daltland on DSKBBV9HB2PROD with NOTICES 7 See General Issues Supplemental Questionnaire, Information on help using ACCESS can be found at in the scope, constitute a single https://access.trade.gov/ help.aspx, and a handbook domestic like product, and we have at 3–5. can be found at https://access.trade.gov/help/ 8 See Antidumping Duties; Countervailing Duties, Handbook%20on%20Electronic%20Filling%20 Final Rule, 62 FR 27296, 27323 (May 19, 1997) Procedures.pdf. 13 See Section 771(10) of the Act. (Preamble). 12 See Letter from Robert Bolling, Program 14 See USEC, Inc. v. United States, 132 F. Supp. 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual Manager, Office IV, to the Embassy of China 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. information’’). ‘‘Countervailing Duty Petition on Certain Steel v. United States, 688 F. Supp. 639, 644 (CIT 1988), 10 See 19 CFR 351.303(b). Wheels from China,’’ dated April 2, 2018. aff’d 865 F.2d 240 (Fed. Cir. 1989)). VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

17796 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices analyzed industry support in terms of the Petition.21 Accordingly, Commerce Initiation of CVD Investigation that domestic like product.15 determines that the Petition was filed on In determining whether the behalf of the domestic industry within Based on the examination of the petitioners have standing under section the meaning of section 702(b)(1) of the Petition, we find that the Petition meet 702(c)(4)(A) of the Act, we considered Act. the requirements of section 702 of the the industry support data contained in Act. Therefore, we are initiating a CVD Commerce finds that the petitioners investigation to determine whether the Petition and the General Issues filed the Petition on behalf of the Supplement with reference to the imports of steel wheels from China domestic industry because they are benefit from countervailable subsidies domestic like product as defined in the interested parties as defined in section ‘‘Scope of the Investigation,’’ in the conferred by the GOC. In accordance 771(9)(C) of the Act, and they have with section 703(b)(1) of the Act and 19 Appendix to this notice. The petitioners demonstrated sufficient industry provided their 2017 production of the CFR 351.205(b)(1), unless postponed, support with respect to the CVD we will make our preliminary domestic like product.16 The petitioners investigation that they are requesting state that they are the only known determinations no later than 65 days that Commerce initiate.22 after the date of this initiation. producers of steel wheels in the United States; therefore, the Petition is Injury Test Based on our review of the Petition, supported by 100 percent of the U.S. we find that there is sufficient industry.17 Because China is a ‘‘Subsidies information to initiate a CVD Our review of the data provided in the Agreement Country’’ within the investigation on all of the subsidy Petition, General Issues Supplement, meaning of section 701(b) of the Act, programs alleged in the petition, with and other information readily available section 701(a)(2) of the Act applies to certain limitations. For a full discussion to Commerce indicates that the this investigation. Accordingly, the ITC of the basis for our decision to initiate petitioners have established industry must determine whether imports of the on each program, see China CVD support for the Petition.18 First, the subject merchandise from China Initiation Checklist. A public version of Petition established support from materially injure, or threaten material the initiation checklist for this domestic producers (or workers) injury to, a U.S. industry. investigation is available on ACCESS. accounting for more than 50 percent of Allegations and Evidence of Material the total production of the domestic like Respondent Selection Injury and Causation product and, as such, Commerce is not required to take further action in order The petitioners named 32 companies The petitioners allege that imports of in China 26 as producers/exporters of to evaluate industry support (e.g., the subject merchandise are benefitting polling).19 Second, the domestic steel wheels. Commerce intends to from countervailable subsidies and that follow its standard practice in CVD producers (or workers) have met the such imports are causing, or threaten to statutory criteria for industry support investigations and calculate company- cause, material injury to the U.S. specific subsidy rates in these under section 702(c)(4)(A)(i) of the Act industry producing the domestic like because the domestic producers (or investigations. In the event Commerce product. In addition, the petitioners determines that the number of workers) who support the Petition allege that subject imports exceed the account for at least 25 percent of the companies is large and it cannot negligibility threshold provided for individually examine each company total production of the domestic like under section 771(24)(A) of the Act.23 product.20 Finally, the domestic based upon Commerce’s resources, The petitioners contend that the where appropriate, Commerce intends producers (or workers) have met the statutory criteria for industry support industry’s injured condition is to select mandatory respondents based under section 702(c)(4)(A)(ii) of the Act illustrated by a significant and on U.S. Customs and Border Protection because the domestic producers (or increasing volume of subject imports, (CBP) data for U.S. imports of steel workers) who support the Petition reduced market share and increasing wheels from China during the POI account for more than 50 percent of the market share of subject imports, under the appropriate Harmonized production of the domestic like product underselling and price depression or Tariff Schedule of the United States produced by that portion of the industry suppression, lost sales and revenues, numbers listed in the ‘‘Scope of the expressing support for, or opposition to, and adverse effects on petitioners’ Investigation,’’ in the Appendix. operating indicators and financial Interested parties must submit 15 For a discussion of the domestic like product results.24 We have assessed the applications for disclosure under APO analysis in this case, see Countervailing Duty allegations and supporting evidence in accordance with 19 CFR 351.305(b). Investigation Initiation Checklist: Certain Steel regarding material injury, threat of Wheels from the People’s Republic of China Instructions for filing such applications (Initiation Checklist), at Attachment II, Analysis of material injury, and causation, and we may be found on the Commerce’s Industry Support for the Antidumping and have determined that these allegations website at http://enforcement.trade.gov/ Countervailing Duty Petitions Covering Certain are properly supported by adequate apo. Steel Wheels from the People’s Republic of China evidence, and meet the statutory (Attachment II). This checklist is dated requirements for initiation.25 Comments must be filed concurrently with this notice and on file electronically using ACCESS. An electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central 21 Id. electronically filed document must be Records Unit, Room B8024 of the main Department 22 Id. received successfully, in its entirety, by of Commerce building. ACCESS no later than 5:00 p.m. ET on daltland on DSKBBV9HB2PROD with NOTICES 23 See Volume I of the Petition, at I–20—I–22 and 16 See Volume I of the Petition, at I–36. Exhibit I–15. the date noted above. We intend to 17 Id. at I–7 and Exhibit I–1; see also General 24 Id. at I–22 through I–37, Exhibits I–10 through finalize our decisions regarding Issues Supplement, at SGQ–11—SGQ–12 and I–16, and Exhibit I–25. Exhibit SGQ–10. respondent selection within 20 days of 25 See Initiation Checklist at Attachment III, 18 See Initiation Checklist, at Attachment II. publication of this notice. Analysis of Allegations and Evidence of Material 19 See section 702(c)(4)(D) of the Act; see also Injury and Causation for the Antidumping and Initiation Checklist, at Attachment II. Countervailing Duty Petitions Covering Certain 26 See General Issues Supplemental 20 See Initiation Checklist, at Attachment II. Steel Wheels from the People’s Republic of China. Questionnaire Response at Exhibit SGQ–1. VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17797 Distribution of Copies of the Petition Extensions of Time Limits the filing of letters of appearance as Parties may request an extension of discussed at 19 CFR 351.103(d)). In accordance with section This notice is issued and published 702(b)(4)(A)(i) of the Act and 19 CFR time limits before the expiration of a time limit established under 19 CFR pursuant to sections 702 and 777(i) of 351.202(f), copies of the public versions the Act and 19 CFR 351.203(c). of the Petition have been provided to 351.301, or as otherwise specified by the the GOC via ACCESS. To the extent Secretary. In general, an extension Dated: April 16, 2018. practicable, we will attempt to provide request will be considered untimely if it Gary Taverman, a copy of the public version of the is filed after the expiration of the time Deputy Assistant Secretary for Antidumping Petition to each exporter named in the limit established under 19 CFR 351.301. and Countervailing Duty Operations, Petitions, as provided under 19 CFR For submissions that are due from performing the non-exclusive functions and 351.203(c)(2). multiple parties simultaneously, an duties of the Assistant Secretary for extension request will be considered Enforcement and Compliance. ITC Notification untimely if it is filed after 10:00 a.m. ET Appendix We will notify the ITC of our on the due date. Under certain circumstances, we may elect to specify Scope of the Investigation initiation, as required by section 702(d) of the Act. a different time limit by which The merchandise subject to the extension requests will be considered investigation is certain on-the-road steel Preliminary Determinations by the ITC untimely for submissions which are due wheels, discs, and rims for tubeless tires, with a nominal rim diameter of 22.5 inches The ITC will preliminarily determine, from multiple parties simultaneously. In and 24.5 inches, regardless of width. Certain within 45 days after the date on which such a case, we will inform parties in on-the-road steel wheels with a nominal the Petition was filed, whether there is the letter or memorandum setting forth wheel diameter of 22.5 inches and 24.5 a reasonable indication that imports of the deadline (including a specified time) inches are generally for Class 6, 7, and 8 steel wheels from China are materially by which extension requests must be commercial vehicles (as classified by the injuring, or threatening material injury filed to be considered timely. An Federal Highway Administration Gross extension request must be made in a Vehicle Weight Rating system), including to, a U.S. industry.27 A negative ITC separate, stand-alone submission; under tractors, semi-trailers, dump trucks, garbage determination will result in the trucks, concrete mixers, and buses, and are investigation being terminated.28 limited circumstances we will grant untimely-filed requests for the extension the current standard wheel diameters for Otherwise, this investigation will such applications. The standard widths of proceed according to statutory and of time limits. Parties should review certain on-the-road steel wheels are 7.5 regulatory time limits. Extension of Time Limits; Final Rule, 78 inches, 8.25 inches, and 9.0 inches, but all FR 57790 (September 20, 2013), certain on-the-road steel wheels, regardless of Submission of Factual Information available at http://www.gpo.gov/fdsys/ width, are covered by the scope. While 22.5 Factual information is defined in 19 pkg/FR-2013-09-20/html/2013- inches and 24.5 inches are standard wheel CFR 351.102(b)(21) as: (i) Evidence 22853.htm, prior to submitting factual sizes used by Class 6, 7, and 8 commercial information in these investigations. vehicles, the scope covers sizes that may be submitted in response to questionnaires; adopted in the future for Class 6, 7, and 8 (ii) evidence submitted in support of Certification Requirements commercial vehicles. allegations; (iii) publicly available Any party submitting factual The scope includes certain on-the-road information to value factors under 19 information in an AD or CVD steel wheels with either a ‘‘hub-piloted’’ or CFR 351.408(c) or to measure the proceeding must certify to the accuracy ‘‘stud-piloted’’ mounting configuration, and adequacy of remuneration under 19 CFR includes rims and discs for such wheels, and completeness of that information.31 whether imported as an assembly or 351.511(a)(2); (iv) evidence placed on Parties must use the certification the record by Commerce; and (v) separately. The scope includes certain on- formats provided in 19 CFR the-road steel wheels, discs, and rims, of evidence other than factual information 351.303(g).32 Commerce intends to carbon and/or alloy steel composition, described in (i)–(iv). 19 CFR 351.301(b) reject factual submissions if the whether cladded or not cladded, whether requires any party, when submitting submitting party does not comply with finished or not finished, and whether coated factual information, to specify under the applicable certification or uncoated. All on-the-road wheels sold in which subsection of 19 CFR requirements. the United States are subject to the 351.102(b)(21) the information is being requirements of the National Highway Traffic submitted 29 and, if the information is Notification to Interested Parties Safety Administration and bear markings, submitted to rebut, clarify, or correct Interested parties must submit such as the ‘‘DOT’’ symbol, indicating factual information already on the compliance with applicable motor vehicle applications for disclosure under APO standards. See 49 CFR 571.120. The scope record, to provide an explanation in accordance with 19 CFR 351.305. On includes certain on-the-road steel wheels identifying the information already on January 22, 2008, Commerce published imported with or without the required the record that the factual information Antidumping and Countervailing Duty markings. Certain on-the-road steel wheels seeks to rebut, clarify, or correct.30 Time Proceedings: Documents Submission imported as an assembly with a tire mounted limits for the submission of factual Procedures; APO Procedures, 73 FR on the wheel and/or with a valve stem information are addressed in 19 CFR 3634 (January 22, 2008). Parties wishing attached are included. However, if the certain 351.301, which provides specific time to participate in this investigation on-the-road steel wheel is imported as an limits based on the type of factual should ensure that they meet the assembly with a tire mounted on the wheel information being submitted. Interested and/or with a valve stem attached, the certain requirements of these procedures (e.g., on-the-road steel wheel is covered by the parties should review the regulations daltland on DSKBBV9HB2PROD with NOTICES scope, but the tire and/or valve stem is not prior to submitting factual information 31 See section 782(b) of the Act. covered by the scope. in these investigations. 32 See Certification of Factual Information to Excluded from the scope are: Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July (1) Steel wheels for tube-type tires that 27 See section 703(a)(2) of the Act. 17, 2013) (‘‘Final Rule’’); see also frequently asked require a removable side ring; 28 See section 703(a)(1) of the Act. questions regarding the Final Rule, available at (2) aluminum wheels; 29 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ (3) wheels where steel represents less than 30 See 19 CFR 351.301(b)(2). info_final_rule_FAQ_07172013.pdf. fifty percent of the product by weight; and VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

17798 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices (4) steel wheels that do not meet National pertaining to certain aspects of the Scope Comments Highway Traffic Safety Administration Petitions. The petitioners filed requirements, other than the rim marking During our review of the Petition, additional information on April 3, Commerce issued questions to, and requirements found in 49 CFR § 571.120S5.2. 2018.3 On April 9 and 13, 2018, Imports of the subject merchandise are received responses from, the petitioners currently classified under the following Commerce requested the petitioners to pertaining to the proposed scope to Harmonized Tariff Schedule of the United clarity the scope of the Petition.4 The ensure that the scope language in the States (HTSUS) subheadings: 8708.70.4530, petitioners filed responses to Petition is an accurate reflection of the 8708.70.4560, 8708.70.6030, 8708.70.6060, Commerce’s scope request on April 13, products for which the domestic 8716.90.5045, and 8716.90.5059. 2018.5 In accordance with section 732(b) of industry is seeking relief.7 As a result of Merchandise meeting the scope description may also enter under the following HTSUS the Tariff Act of 1930, as amended (the these exchanges, the scope of the subheadings: 4011.20.1015, 4011.20.5020, Act), the petitioners allege that imports Petition was modified to clarify the and 8708.99.4850. While HTSUS of steel wheels from China are being, or description of merchandise covered by subheadings are provided for convenience are likely to be, sold in the United States the Petition. The description of the and customs purposes, the written at less than fair value within the merchandise covered by this initiation, description of the subject merchandise is as described in the Appendix to this dispositive. meaning of section 731 of the Act, and that such imports are materially notice, reflects these clarifications. [FR Doc. 2018–08469 Filed 4–23–18; 8:45 am] As discussed in the preamble to injuring, or threatening material injury BILLING CODE 3510–DS–P to, the domestic industry producing Commerce’s regulations, we are setting steel wheels in the United States. aside a period for interested parties to Consistent with section 732(b)(1) of the raise issues regarding product coverage DEPARTMENT OF COMMERCE (scope).8 Commerce will consider all Act, the Petition is accompanied by International Trade Administration information reasonably available to the comments received from interested petitioners supporting their allegation. parties and, if necessary, will consult [A–570–082] Commerce finds that the petitioners with interested parties prior to the filed the Petition on behalf of the issuance of the preliminary Certain Steel Wheels From the determination. If scope comments domestic industry because the People’s Republic of China: Initiation include factual information,9 all such petitioners are interested parties as of Less-Than-Fair-Value Investigation factual information should be limited to defined in section 771(9)(C) of the Act. AGENCY: Enforcement and Compliance, Commerce also finds that the petitioners public information. To facilitate International Trade Administration, demonstrated sufficient industry preparation of its questionnaires, Department of Commerce. support with respect to the initiation of Commerce requests that all interested the AD investigation that the petitioners parties submit such comments by 5:00 DATES: Applicable April 16, 2018. are requesting.6 p.m. Eastern Time (ET) on May 7, 2018, FOR FURTHER INFORMATION CONTACT: which is the next business day after 20 Stephen Bailey or Aleksandras Nakutis Period of Investigation calendar days from the signature date of at (202) 482–0193 or (202) 482–3147, Because China is a non-market this notice.10 Any rebuttal comments, respectively; AD/CVD Operations, economy (NME) country, pursuant to 19 which may include factual information, Enforcement and Compliance, CFR 351.204(b)(1), the period of must be filed by 5:00 p.m. ET on May International Trade Administration, investigation (POI) for the China 17, 2018, which is 10 calendar days U.S. Department of Commerce, 1401 investigation is July 1, 2017, through from the initial comments deadline. Constitution Avenue NW, Washington, December 31, 2017. Commerce requests that any factual DC 20230. information parties consider relevant to Scope of the Investigation SUPPLEMENTARY INFORMATION: the scope of the investigation be The product covered by this submitted during this period. However, The Petition investigation is certain steel wheels if a party subsequently finds that On March 27, 2018, the U.S. from China. For a full description of the additional factual information Department of Commerce (Commerce) scope of this investigation, see the pertaining to the scope of the received an antidumping duty (AD) Appendix to this notice. investigation may be relevant, the party Petition concerning imports of certain may contact Commerce and request 3 See the petitioners’ letters, ‘‘Certain Steel steel wheels (steel wheels) from the permission to submit the additional Wheels from the People’s Republic of China (C– People’s Republic of China (China), 570–083): Petitioners’ Response to the Department’s information. All such submissions must filed in proper form on behalf of March 30, 2018 Supplemental Questionnaire be filed on the records of each of the Accuride Corporation (Accuride) and Regarding the Countervailing Duty Petition, dated concurrent AD and CVD investigations. Maxion Wheels Akron LLC (Maxion) March 30, 2018); and ‘‘Petitioners’ Response to the Department of Commerce’s March 30, 2018 General Filing Requirements (collectively, the petitioners).1 The AD Issues Questionnaire Regarding the Petitions for the Petition was accompanied by a Imposition of Antidumping and Countervailing All submissions to Commerce must be countervailing duty (CVD) Petition Duties on Imports of Certain Steel Wheels from the filed electronically using Enforcement People’s Republic of China,’’ dated April 3, 2018 concerning imports of steel wheels from (General Issues Supplement). and Compliance’s Antidumping Duty China. The petitioners are domestic 4 See Commerce’s Memorandum to the File, and Countervailing Duty Centralized producers of steel wheels.2 ‘‘Phone Call with Counsel to Petitioners,’’ dated Electronic Service System (ACCESS).11 On March 30, 2018, Commerce April 9, 2018 and Commerce’s Memorandum to the daltland on DSKBBV9HB2PROD with NOTICES File, ‘‘Phone Call with Counsel to Petitioners,’’ requested supplemental information dated April 13, 2018. 7 See General Issues Supplement, at SGQ2–SGQ8. 8 See Antidumping Duties; Countervailing Duties, 5 See the petitioners’ Letter, ‘‘Petitioners’ Scope 1 See the petitioners’ letter, ‘‘Petitions for the Clarification Regarding the Petitions for the Final Rule, 62 FR 27296, 27323 (May 19, 1997). 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual Imposition of Antidumping Duties and Imposition of Antidumping and Countervailing Countervailing Duties on Imports of Certain Steel Duties on Imports of Certain Steel Wheels from the information’’). Wheels from the People’s Republic of China,’’ dated People’s Republic of China,’’ dated April 13, 2018. 10 See 19 CFR 351.303(b). March 27, 2018 (the Petition). 6 See the ‘‘Determination of Industry Support for 11 See Antidumping and Countervailing Duty 2 See Volume I of the Petition, at I–2. the Petition’’ section, infra. Proceedings: Electronic Filing Procedures; VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1


Document Created: 2018-04-24 00:38:43
Document Modified: 2018-04-24 00:38:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable April 16, 2018.
ContactEli Lovely at (202) 482-1593 or Maisha Cryor at (202) 482-5831, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 17794 
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