83_FR_42271 83 FR 42110 - Steel Wheels From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation

83 FR 42110 - Steel Wheels From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42110-42111
FR Document2018-17906

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018)
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42110-42111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17906]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-082]


Steel Wheels From the People's Republic of China: Postponement of 
Preliminary Determination in the Less-Than-Fair-Value Investigation

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

DATES: Applicable August 20, 2018.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-2316.

SUPPLEMENTARY INFORMATION: 

Background

    On April 16, 2018, the Department of Commerce (Commerce) initiated 
a less-than-fair-value (LTFV) investigation of imports of certain steel 
wheels from the People's Republic of China (China).\1\ Currently, the 
preliminary determination is due no later than September 4, 2018.
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    \1\ See Certain Steel Wheels from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, 83 FR 17798 
(April 24, 2018) (Initiation Notice).
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Postponement of Preliminary Determinations

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or

[[Page 42111]]

more before the scheduled date of the preliminary determination and 
must state the reasons for the request. Commerce will grant the request 
unless it finds compelling reasons to deny the request. See 19 CFR 
351.205(e).
    On August 8, 2018, the petitioners \2\ submitted a timely request 
that Commerce postpone the preliminary determination in this 
investigation. The petitioners stated that they request postponement 
because under the current deadline for the preliminary determinations, 
Commerce will not have received all questionnaire responses and 
obtained sufficient information for making a preliminary 
determination.\3\
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    \2\ The petitioners are Accuride Corporation and Maxion Wheels 
Aleron LLC (collectively, the petitioners).
    \3\ See the petitioners' August 8, 2018 Letter re: Petitioners' 
Request to Extend the Preliminary Determination.
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    For the reasons stated above and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary 
determination by 50 days (i.e., 190 days after the date on which this 
investigation was initiated). As a result, Commerce will issue its 
preliminary determination no later than October 23, 2018. In accordance 
with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the 
deadline for the final determination of this investigation will 
continue to be 75 days after the date of publication of the preliminary 
determination, unless postponed at a later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dates: August 14, 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.
[FR Doc. 2018-17906 Filed 8-17-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               42110                        Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices

                                               the Regulations states that the Bureau of                  A. Export or reexport to or on behalf                Issued this 13th day of August 2018.
                                               Industry and Security’s Office of                       of the Denied Person any item subject to              Karen H. Nies-Vogel,
                                               Exporter Services may revoke any                        the Regulations;                                      Director, Office of Exporter Services.
                                               Bureau of Industry and Security (‘‘BIS’’)                  B. Take any action that facilitates the            [FR Doc. 2018–17919 Filed 8–17–18; 8:45 am]
                                               licenses previously issued pursuant to                  acquisition or attempted acquisition by               BILLING CODE P
                                               the Act or the Regulations in which the                 the Denied Person of the ownership,
                                               person had an interest at the time of his/              possession, or control of any item
                                               her conviction.                                         subject to the Regulations that has been              DEPARTMENT OF COMMERCE
                                                  BIS has received notice of Bryukhov’s                or will be exported from the United
                                               conviction for violating Section 38 of                  States, including financing or other                  International Trade Administration
                                               the AECA, and has provided notice and                   support activities related to a                       [A–570–082]
                                               an opportunity for Bryukhov to make a                   transaction whereby the Denied Person
                                               written submission to BIS, as provided                  acquires or attempts to acquire such                  Steel Wheels From the People’s
                                               in Section 766.25 of the Regulations.                   ownership, possession or control;                     Republic of China: Postponement of
                                               BIS has not received a submission from                     C. Take any action to acquire from or              Preliminary Determination in the Less-
                                               Bryukhov.                                               to facilitate the acquisition or attempted            Than-Fair-Value Investigation
                                                  Based upon my review and                             acquisition from the Denied Person of                 AGENCY:  Enforcement and Compliance,
                                               consultations with BIS’s Office of                      any item subject to the Regulations that              International Trade Administration,
                                               Export Enforcement, including its                       has been exported from the United                     Department of Commerce.
                                               Director, and the facts available to BIS,               States;
                                                                                                                                                             DATES: Applicable August 20, 2018.
                                               I have decided to deny Bryukhov’s                          D. Obtain from the Denied Person in
                                               export privileges under the Regulations                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                       the United States any item subject to the
                                               for a period of 10 years from the date of               Regulations with knowledge or reason                  Lingjun Wang, AD/CVD Operations,
                                               Bryukhov’s conviction. I have also                      to know that the item will be, or is                  Office VII, Enforcement and
                                               decided to revoke all licenses issued                   intended to be, exported from the                     Compliance, International Trade
                                               pursuant to the Act or Regulations in                   United States; or                                     Administration, U.S. Department of
                                               which Bryukhov had an interest at the                                                                         Commerce, 1401 Constitution Avenue
                                                                                                          E. Engage in any transaction to service            NW, Washington, DC 20230; telephone
                                               time of his conviction.                                 any item subject to the Regulations that
                                                  Accordingly, it is hereby ordered:                                                                         (202) 482–2316.
                                                                                                       has been or will be exported from the
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                                  First, from the date of this Order until             United States and which is owned,
                                               April 6, 2026, Alex Bryukhov, with a                    possessed or controlled by the Denied                 Background
                                               last known address of 7907 Sprucemill                   Person, or service any item, of whatever                On April 16, 2018, the Department of
                                               Drive, Morrisville, PA, and when acting                 origin, that is owned, possessed or                   Commerce (Commerce) initiated a less-
                                               for or on his behalf, his successors,                   controlled by the Denied Person if such               than-fair-value (LTFV) investigation of
                                               assigns, employees, agents or                           service involves the use of any item                  imports of certain steel wheels from the
                                               representatives (‘‘the Denied Person’’),                subject to the Regulations that has been              People’s Republic of China (China).1
                                               may not, directly or indirectly,                        or will be exported from the United                   Currently, the preliminary
                                               participate in any way in any                           States. For purposes of this paragraph,               determination is due no later than
                                               transaction involving any commodity,                    servicing means installation,                         September 4, 2018.
                                               software or technology (hereinafter                     maintenance, repair, modification or
                                               collectively referred to as ‘‘item’’)                   testing.                                              Postponement of Preliminary
                                               exported or to be exported from the                        Third, after notice and opportunity for            Determinations
                                               United States that is subject to the                    comment as provided in Section 766.23                   Section 733(b)(1)(A) of the Tariff Act
                                               Regulations, including, but not limited                 of the Regulations, any other person,                 of 1930, as amended (the Act), requires
                                               to:                                                     firm, corporation, or business                        Commerce to issue the preliminary
                                                  A. Applying for, obtaining, or using                 organization related to Bryukhov by                   determination in an LTFV investigation
                                               any license, license exception, or export               ownership, control, position of                       within 140 days after the date on which
                                               control document;                                       responsibility, affiliation, or other                 Commerce initiated the investigation.
                                                  B. Carrying on negotiations                          connection in the conduct of trade or                 However, section 733(c)(1) of the Act
                                               concerning, or ordering, buying,                        business may also be made subject to                  permits Commerce to postpone the
                                               receiving, using, selling, delivering,                  the provisions of this Order in order to              preliminary determination until no later
                                               storing, disposing of, forwarding,                      prevent evasion of this Order.                        than 190 days after the date on which
                                               transporting, financing, or otherwise                      Fourth, in accordance with Part 756 of             Commerce initiated the investigation if:
                                               servicing in any way, any transaction                   the Regulations, Bryukhov may file an                 (A) The petitioner makes a timely
                                               involving any item exported or to be                    appeal of this Order with the Under                   request for a postponement; or (B)
                                               exported from the United States that is                 Secretary of Commerce for Industry and                Commerce concludes that the parties
                                               subject to the Regulations, or engaging                 Security. The appeal must be filed                    concerned are cooperating, that the
                                               in any other activity subject to the                    within 45 days from the date of this                  investigation is extraordinarily
                                               Regulations; or                                         Order and must comply with the                        complicated, and that additional time is
                                                  C. Benefitting in any way from any                   provisions of Part 756 of the                         necessary to make a preliminary
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                                               transaction involving any item exported                 Regulations.                                          determination. Under 19 CFR
                                               or to be exported from the United States                   Fifth, a copy of this Order shall be               351.205(e), the petitioner must submit a
                                               that is subject to the Regulations, or                  delivered to Bryukhov and shall be                    request for postponement 25 days or
                                               from any other activity subject to the                  published in the Federal Register.
                                                                                                                                                                1 See Certain Steel Wheels from the People’s
                                               Regulations.                                               Sixth, this Order is effective                     Republic of China: Initiation of Less-Than-Fair-
                                                  Second, no person may, directly or                   immediately and shall remain in effect                Value Investigation, 83 FR 17798 (April 24, 2018)
                                               indirectly, do any of the following:                    until April 6, 2026.                                  (Initiation Notice).



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                                                                            Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices                                                     42111

                                               more before the scheduled date of the                     SUMMARY:   As a result of determinations                States within a reasonably foreseeable
                                               preliminary determination and must                        by the Department of Commerce                           time.5
                                               state the reasons for the request.                        (Commerce) and the International Trade
                                                                                                                                                                 Scope of the Order
                                               Commerce will grant the request unless                    Administration (ITC) that revocation of
                                               it finds compelling reasons to deny the                   the countervailing duty order on steel                     The merchandise subject to the Order
                                               request. See 19 CFR 351.205(e).                           wire garment hangers (hangers) from the                 is steel wire garment hangers, fabricated
                                                  On August 8, 2018, the petitioners 2                   Socialist Republic of Vietnam (Vietnam)                 from carbon steel wire, whether or not
                                               submitted a timely request that                           would likely lead to continuation or                    galvanized or painted, whether or not
                                               Commerce postpone the preliminary                         recurrence of countervailable subsidies                 coated with latex or epoxy or similar
                                               determination in this investigation. The                  and material injury to an industry in the               gripping materials, and/or whether or
                                               petitioners stated that they request                      United States, Commerce is publishing                   not fashioned with paper covers or
                                               postponement because under the                            a notice of the continuation of the                     capes (with or without printing) and/or
                                               current deadline for the preliminary                      countervailing duty (CVD) order.                        nonslip features such as saddles or
                                               determinations, Commerce will not                                                                                 tubes. These products may also be
                                               have received all questionnaire                           DATES:   Applicable August 20, 2018.                    referred to by a commercial designation,
                                               responses and obtained sufficient                         FOR FURTHER INFORMATION CONTACT:    John                such as shirt, suit, strut, caped, or latex
                                               information for making a preliminary                      Conniff, AD/CVD Operations, Office III,                 (industrial) hangers.
                                               determination.3                                           Enforcement and Compliance,                                Specifically excluded from the scope
                                                  For the reasons stated above and                       International Trade Administration,                     of the Order are (a) wooden, plastic, and
                                               because there are no compelling reasons                   U.S. Department of Commerce, 1401                       other garment hangers that are not made
                                               to deny the request, Commerce, in                         Constitution Avenue NW, Washington,                     of steel wire; (b) steel wire garment
                                               accordance with section 733(c)(1)(A) of                   DC 20230; telephone: (202) 482–1009.                    hangers with swivel hooks; (c) steel wire
                                               the Act, is postponing the deadline for                                                                           garment hangers with clips permanently
                                               the preliminary determination by 50                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 affixed; and (d) chrome-plated steel wire
                                               days (i.e., 190 days after the date on                    Background                                              garment hangers with a diameter of 3.4
                                               which this investigation was initiated).                                                                          mm or greater.
                                               As a result, Commerce will issue its                        On February 5, 2013, Commerce                            The products subject to the Order are
                                               preliminary determination no later than                   published in the Federal Register the                   currently classified under U.S.
                                               October 23, 2018. In accordance with                      notice of the CVD order on hangers from                 Harmonized Tariff Schedule (HTSUS)
                                               section 735(a)(1) of the Act and 19 CFR                   Vietnam.1 On November 1, 2017,                          subheadings 7326.20.0020 and
                                               351.210(b)(1), the deadline for the final                 Commerce published the notice of                        7323.99.9080. Although the HTSUS
                                               determination of this investigation will                  initiation of the first five-year (sunset)              subheadings are provided for
                                               continue to be 75 days after the date of                  review of the CVD order on hangers                      convenience and customs purposes, the
                                               publication of the preliminary                            from Vietnam, pursuant to section                       written description of the merchandise
                                               determination, unless postponed at a                      751(c) of the Tariff Act of 1930, as                    is dispositive.
                                               later date.                                               amended (the Act).2 On November 1,
                                                  This notice is issued and published                    2017, the ITC instituted its review of the              Continuation of the Order
                                               pursuant to section 733(c)(2) of the Act                  order.3                                                    As a result of the determinations by
                                               and 19 CFR 351.205(f)(1).                                                                                         Commerce and the ITC that revocation
                                                                                                           As a result of the sunset review,
                                                 Dates: August 14, 2018.                                 Commerce found that revocation of the                   of the CVD order would likely lead to
                                               Gary Taverman,                                            CVD order on hangers from Vietnam                       continuation or recurrence of
                                               Deputy Assistant Secretary for Antidumping                would likely lead to continuation or                    countervailable subsidies and material
                                               and Countervailing Duty Operations,                       recurrence of countervailable                           injury to an industry in the United
                                               performing the non-exclusive functions and                subsidies.4 Commerce, therefore,                        States, pursuant to section 751(d)(2) of
                                               duties of the Assistant Secretary for                     notified the ITC of the magnitude of the                the Act and 19 CFR 351.218(a),
                                               Enforcement and Compliance.                                                                                       Commerce hereby orders the
                                                                                                         countervailable subsidy rates likely to
                                               [FR Doc. 2018–17906 Filed 8–17–18; 8:45 am]               prevail should the CVD order be                         continuation of the CVD order on
                                               BILLING CODE 3510–DS–P                                    revoked.                                                hangers from Vietnam.
                                                                                                            On May 22, 2018, pursuant to sections                   U.S. Customs and Border Protection
                                                                                                         751(c) and 752(a) of the Act, the ITC                   will continue to collect CVD cash
                                               DEPARTMENT OF COMMERCE
                                                                                                         published its determination that                        deposits at the rates in effect at the time
                                               International Trade Administration                        revocation of the CVD order on hangers                  of entry for all imports of subject
                                                                                                         from Vietnam would likely lead to                       merchandise. The effective date of
                                               [C–552–813]                                                                                                       continuation of this order will be the
                                                                                                         continuation or recurrence of material
                                                                                                         injury to an industry in the United                     date of publication in the Federal
                                               Steel Wire Garment Hangers From the
                                                                                                                                                                 Register of this notice of continuation.
                                               Socialist Republic of Vietnam;
                                                                                                           1 See Certain Steel Wire Garment Hangers from         Pursuant to section 751(c)(2) of the Act,
                                               Continuation of Countervailing Duty
                                                                                                         the Socialist Republic of Vietnam: Countervailing       Commerce intends to initiate the next
                                               Order
                                                                                                         Duty Order, 78 FR 8107 (February 5, 2013) (Order).      five-year review of this order not later
                                               AGENCY:  Enforcement and Compliance,                        2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
                                                                                                                                                                 than 30 days prior to the fifth
                                                                                                         82 FR 50,612 (November 1, 2017) (Initiation).           anniversary of the effective date of
                                               International Trade Administration,
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                                                                                                           3 See Steel Wire Garment Hangers from Taiwan
                                               Department of Commerce.                                   and Vietnam; Institution of Five-Year Reviews, 82
                                                                                                                                                                 continuation.
                                                                                                         FR 50686 (November 1, 2017).
                                                 2 The petitioners are Accuride Corporation and            4 See Steel Wire Garment Hangers from the               5 See Steel Wire Garment Hangers from Taiwan
                                               Maxion Wheels Aleron LLC (collectively, the               Socialist Republic of Vietnam: Final Results of         and Vietnam, Investigation Nos. 701–TA–487 and
                                               petitioners).                                             Expedited First Sunset Review of the Countervailing     731–TA–1197–1198 (Review), USITC Publication
                                                 3 See the petitioners’ August 8, 2018 Letter re:        Duty Order, 83 FR 10660 (March 12, 2018)                4784 (May 2018); see also Steel Wire Garment
                                               Petitioners’ Request to Extend the Preliminary            (Expedited Final Results) and accompanying              Hangers from Taiwan and Vietnam, 83 FR 23723
                                               Determination.                                            decision memorandum.                                    (May 22, 2018).



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Document Created: 2018-08-18 01:28:05
Document Modified: 2018-08-18 01:28:05
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 August 20, 2018.
ContactLingjun Wang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-2316.
FR Citation83 FR 42110 

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