83 FR 44570 - Cast Iron Soil Pipe Fittings From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 170 (August 31, 2018)
International Trade Administration
Federal Register Volume 83, Issue 170 (August 31, 2018)
| Page Range | 44570-44573 | |
| FR Document | 2018-19094 |
[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)] [Notices] [Pages 44570-44573] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19094] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-062] Cast Iron Soil Pipe Fittings From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending its final determination of sales at less than fair value (LTFV) as a result of ministerial errors. In addition, based on affirmative final determinations by Commerce and the International Trade Commission (the ITC), Commerce is issuing an antidumping duty order on cast iron soil pipe fittings (soil pipe fittings) from the People's Republic of China (China). DATES: Applicable August 31, 2018. FOR FURTHER INFORMATION CONTACT: Sergio Balbontin at (202) 482-4474 or Michael Bowen at (202) 482-0768, AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 17, 2018, Commerce published its affirmative final determination in the LTFV investigation of soil pipe fittings from China on July 17, 2018.\1\ On July 11, 2018, Commerce received ministerial error allegations. See the ``Amendment to Final Determination'' section below for further discussion. --------------------------------------------------------------------------- \1\ See Cast Iron Soil Pipe Fittings from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, in Part, 83 FR 33205 (July 17, 2018) (Final Determination). --------------------------------------------------------------------------- On August 22, 2018, the ITC notified Commerce of its final determination, pursuant to 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of LTFV imports of soil pipe fittings from China, and of its determination that critical circumstances do not exist with respect to imports of soil pipe fittings from China.\2\ --------------------------------------------------------------------------- \2\ See ITC Notification Letter to the Deputy Assistant Secretary for Enforcement and Compliance, referencing ITC Investigation Nos. 701-TA-583 and 731-TA-1381 (August 20, 2018). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the scope of this order is cast iron soil pipe fittings, finished and unfinished, regardless of industry or proprietary specifications, and regardless of size. Cast iron soil pipe fittings are nonmalleable iron castings of various designs and sizes, including, but not limited to, bends, tees, wyes, traps, drains (other than drain bodies), and other common or special fittings, with or without side inlets. Cast iron soil pipe fittings are classified into two major types-- hubless and hub and spigot. Hubless cast iron soil pipe fittings are manufactured without a hub, generally in compliance with Cast Iron Soil Pipe Institute (CISPI) specification 301 and/or American Society for Testing and Materials (ASTM) specification A888. Hub and spigot pipe fittings have hubs into which the spigot (plain end) of the pipe or fitting is inserted. Cast iron soil pipe fittings are generally distinguished from other types of nonmalleable cast iron fittings by the manner in which they are connected to cast iron soil pipe and other fittings. Excluded from the scope are all drain bodies. Drain bodies are normally classified in subheading 7326.90.86.88 of the Harmonized Tariff Schedule of the United States (HTSUS). The cast iron soil pipe fittings subject to the scope of this order are normally classified in subheading 7307.11.0045 of the HTSUS: Cast fittings of nonmalleable cast iron for cast iron soil pipe. They may also be entered under HTSUS 7324.29.0000 and 7307.92.3010. The HTSUS subheadings and specifications are provided for convenience and customs purposes only; the written description of the scope of this order is dispositive. Amendment to Final Determination Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Determination to correct certain ministerial errors.\3\ Based on these corrections, Shanxi Xuanshi Industrial Group Co., Ltd.'s (Xuanshi) estimated weighted-average dumping margin increases from 27.18 percent to 84.13 [[Page 44571]] percent, and Wor-Biz Trading Co., Ltd. (Anhui)'s (Wor-Biz) estimated weighted-average dumping margin increases from 22.11 percent to 33.67 percent. These corrections also increase the estimated weighted-average dumping margin for the non-examined, separate rate companies from 24.65 percent to 58.90 percent. --------------------------------------------------------------------------- \3\ See Memorandum, ``Less-Than-Fair-Value Investigation on Cast Iron Soil Pipe Fittings from the People's Republic of China: Ministerial Error Allegations in the Final Determination,'' dated August 9, 2018. --------------------------------------------------------------------------- In addition, we are amending our instructions to U.S. Customs and Border Protection (CBP) with respect to the cash deposit rates in effect during certain periods of this LTFV investigation. Specifically, in the Preliminary Determination, we stated that should provisional measures in the companion countervailing duty (CVD) investigation expire, Commerce will direct CBP to collect cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in the Preliminary Determination, unadjusted for passed-through domestic subsidies or export subsidies determined in the companion CVD investigation.\4\ Provisional measures in the companion CVD investigation expired on April 18, 2018.\5\ However, the Final Determination (and the cash deposit instructions we issued to CBP pursuant to that determination) did not properly reflect our intention to apply the unadjusted cash deposit rates that should have been in effect beginning on this date.\6\ Therefore, we will amend our instructions to CBP to apply the unadjusted cash deposit rates calculated in the Preliminary Determination for the period of April 18, 2018, through July 16, 2018 (the date prior to the publication of the Final Determination). --------------------------------------------------------------------------- \4\ See Cast Iron Soil Pipe Fittings from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination and Extension of Provisional Measures, 83 FR 7145, 7147 (February 20, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. See also Section 772(c)(1)(C) of the Tariff Act of 1930 (the Act). \5\ See Cast Iron Soil Pipe Fittings from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 82 FR 60178 (December 19, 2017). See also 19 CFR 351.210(h). \6\ See Final Determination at 83 FR 33207 (``Continuation of Suspension of Liquidation''). --------------------------------------------------------------------------- Further, for the period of July 17, 2018, until the date of expiration of provisional measures in this LTFV investigation (August 20, 2018), the correct cash deposit rates shall be equal to the estimated weighted-average dumping margins calculated in the Final Determination, unadjusted for the passed-through domestic subsidies or for export subsidies. See below for further discussion of the expiration of provisional measures in this LTFV investigation. For the purposes of this amended final determination and order, we will instruct CBP to resume collecting cash deposits equal to the estimated weighted-average dumping margins listed below, adjusted for the export subsidy rates imposed in the companion CVD investigation, i.e., by 0.09 percent for Xuanshi and the China-wide entity, 0.23 percent for Wor-Biz, and 0.16 percent for the separate-rate companies.\7\ --------------------------------------------------------------------------- \7\ See Final Determination at 83 FR 33428. See also Cast Iron Soil Pipe Fittings from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 83 FR 32075 (July 11, 2018); and Cast Iron Soil Pipe Fittings from the People's Republic of China: Countervailing Duty Order, published concurrently with this notice. --------------------------------------------------------------------------- Antidumping Duty Order On August 22, 2018, in accordance with section 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its final determination in this investigation, in which it found that imports of cast iron soil pipe fittings are materially injuring a U.S. industry. Therefore, in accordance with section 735(c)(2) and 736(a) of the Act, we are publishing this antidumping duty order. In its determination, the ITC found two domestic like products covered by the scope of the investigation: drain bodies and all other soil pipe fittings. The ITC made a negative determination with respect to drain bodies and an affirmative determination with respect to all other soil pipe fittings. Because the ITC made different injury determinations for separate domestic like products, Commerce will instruct CBP to assess antidumping duties on entries of all cast iron soil pipe fittings (subject merchandise) other than drain bodies (excluded merchandise). Drain Bodies The ITC found that drain bodies are a separate domestic like product. The Final ITC Report describes typical drain bodies as having only one side that connects to a pipe or fitting.\8\ Further, drain bodies are not classified as either hubless or hub and spigot.\9\ Drain bodies may be painted in a different manner than other cast iron soil pipe fittings, which are coated in asphaltic material, black paint, or epoxy.\10\ Drain bodies often require assembly with attachments (cast iron and non-cast iron) such as stainless steel strainers, grates, and bolts to be a drain fixture ready for use.\11\ In addition, the purpose of a drain body is to collect and carry away liquid or water, including wastewater, while the purpose of other cast iron soil pipe fittings is to connect pipe and fittings.\12\ --------------------------------------------------------------------------- \8\ See Cast Iron Soil Pipe Fittings from China, Investigation Nos. 701-TA-583 and 731-TA-1381 (Final), Publication 4812, August 2018 (Final ITC Report) at I-14 and I-15. \9\ Id. \10\ Id. at I-15. \11\ Id. \12\ Id. --------------------------------------------------------------------------- Because the ITC made a negative determination of material injury with respect to drain bodies, Commerce will direct CBP to terminate the suspension of liquidation for entries of drain bodies from China entered, or withdrawn from warehouse, and refund any cash deposit with respect to these entries. All Soil Pipe Fittings Other Than Drain Bodies Because the ITC determined that imports of all cast iron soil pipe fittings other than drain bodies from China are materially injuring a U.S. industry, all unliquidated entries of subject merchandise from China, entered or withdrawn from warehouse, are subject to the assessment of antidumping duties. As a result of the ITC's final determination, in accordance with section 736(a)(1) of the Act, Commerce will direct CBP to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of soil pipe fittings from China. Antidumping duties will be assessed on unliquidated soil pipe fittings from China entered, or withdrawn from warehouse, for consumption on or after February 20, 2018, the date of publication of the Preliminary Determination, but will not be assessed on entries occurring after the expiration of the provisional measures period until the date of publication of the ITC's notice of final determination in the Federal Register, as discussed further below. Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will direct CBP to continue to suspend liquidation of subject merchandise (i.e., all soil pipe fittings other than drain bodies) from China, which were entered, or withdrawn from warehouse, for consumption on or after February 20, 2018, the date of publication of the Preliminary Determination. We will also instruct CBP to require cash deposits equal to the amounts as indicated below. These instructions suspending [[Page 44572]] liquidation will remain in effect until further notice. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted- average dumping margins listed below.\13\ The ``China-wide'' rate applies to all exporters of subject merchandise not specifically listed in the table below. For the purpose of determining cash deposit rates, the estimated weighted-average dumping margins for imports of subject merchandise from China have been adjusted, as appropriate, for export subsidies found in the final determination of the companion countervailing duty investigation of this merchandise imported from China. --------------------------------------------------------------------------- \13\ See Section 736(a)(3) of the Act. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request Commerce to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of soil pipe fittings from China, Commerce extended the four-month period to six months in this proceeding.\14\ In the underlying investigation, Commerce published the preliminary determination on February 20, 2018. Therefore, the extended period, beginning on the date of publication of the preliminary determination, ended on August 20, 2018. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final affirmative injury determination. --------------------------------------------------------------------------- \14\ See Preliminary Determination. --------------------------------------------------------------------------- Therefore, in accordance with section 733(d) of the Act and our practice,\15\ we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of soil pipe fittings from China entered, or withdrawn from warehouse, for consumption on or after August 20, 2018, until the date of publication of the ITC's final affirmative injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC's final determination in the Federal Register. --------------------------------------------------------------------------- \15\ See, e.g., Certain Corrosion-Resistant Steel Products from India, Italy, the People's Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016). --------------------------------------------------------------------------- Critical Circumstances With regard to the ITC's negative critical circumstances determination on imports of soil pipe fittings from China discussed above, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated antidumping duties with respect to entries of soil pipe fittings from China, entered or withdrawn from warehouse, for consumption on or after November 22, 2017 (i.e., 90 days prior to the date of publication of the preliminary determination), but before February 20, 2018 (i.e., the date of publication of the preliminary determination for this investigation). Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins are as follows: ---------------------------------------------------------------------------------------------------------------- Estimated Cash deposit weighted- rate (adjusted Producer Exporter average for subsidy dumping margin offsets) (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Shanxi Xuanshi Industrial Group Co., Ltd...... Shanxi Xuanshi Industrial Group 84.13 84.04 Co., Ltd. Guang Zhou Premier & Pinan Foundry Co., Ltd./ Wor-Biz Trading Co., Ltd. 33.67 33.44 Botou Chenyuan Foundry Co., Ltd./Wuhu Best (Anhui). Machines Co., Ltd. Shijiazhuang Asia Casting Co., Ltd............ Shijiazhuang Asia Casting Co., 58.90 58.74 Ltd. Qinshui Shunshida Casting Co., Ltd./Xinle Shanxi Zhongrui Tianyue Trading 58.90 58.74 Xinye Metal Products Co., Ltd. Co., Ltd. Qinshui Shunshida Casting Co., Ltd./Xinle Dalian Lino F.T.Z. Co., Ltd..... 58.90 58.74 Rishuo Casting Factory/Shijiazhuang Shunjinguangao Trade Co., Ltd./Xinle Tang Rong Fa Lan Pan Co., Ltd. Xinle City Zhile Pipeline Industry Co., Ltd./ Dinggin Hardware (Dalian) Co., 58.90 58.74 Qinshui Shunshida Casting Co., Ltd./Foshan Ltd. City Deying Metal Products Co., Ltd. Xinle Rishuo Casting Factory/Qinshui Shunshida Dalian Metal I/E Co., Ltd....... 58.90 58.74 Casting Co., Ltd. Qinshui County Xinwei Precision Co., Ltd...... Qinshui Shunshida Casting Co., 58.90 58.74 Ltd. Shanxi Guruiwei Casting Co., Ltd.............. Richang Qiaoshan Trade Co., Ltd. 58.90 58.74 Shijiazhuang Jingruisheng Metal Products Co., Hebei Metals & Engineering 58.90 58.74 Ltd./Qinshui Shunshida Casting Co., Ltd./ Products Trading Co., Ltd. Xinle City Zhile Pipe Co., Ltd. China-Wide Entity............................. ................................ 360.39 360.30 ---------------------------------------------------------------------------------------------------------------- Notifications to Interested Parties This notice constitutes the antidumping duty order with respect to soil pipe fittings from China pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This amended final determination and antidumping duty order are published in accordance with sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 351.211(b). [[Page 44573]] Dated: August 28, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-19094 Filed 8-30-18; 8:45 am] BILLING CODE 3510-DS-P
![44570 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices
Dated: August 24, 2018. X. Adjustment for Countervailable Export to imports of soil pipe fittings from
Gary Taverman, Subsidies China.2
Deputy Assistant Secretary for Antidumping XI. Verification
XII. Conclusion Scope of the Order
and Countervailing Duty Operations,
performing the non-exclusive functions and [FR Doc. 2018–18968 Filed 8–30–18; 8:45 am] The merchandise covered by the
duties of the Assistant Secretary for BILLING CODE 3510–DS–P scope of this order is cast iron soil pipe
Enforcement and Compliance. fittings, finished and unfinished,
Appendix I regardless of industry or proprietary
DEPARTMENT OF COMMERCE specifications, and regardless of size.
Scope of the Investigation Cast iron soil pipe fittings are
The merchandise covered by this International Trade Administration nonmalleable iron castings of various
investigation is cast iron soil pipe, whether [A–570–062] designs and sizes, including, but not
finished or unfinished, regardless of industry
limited to, bends, tees, wyes, traps,
or proprietary specifications, and regardless Cast Iron Soil Pipe Fittings From the
of wall thickness, length, diameter, surface drains (other than drain bodies), and
finish, end finish, or stenciling. The scope of People’s Republic of China: Amended other common or special fittings, with
this investigation includes, but is not limited Final Determination of Sales at Less or without side inlets.
to, both hubless and hub and spigot cast iron Than Fair Value and Antidumping Duty Cast iron soil pipe fittings are
soil pipe. Cast iron soil pipe is nonmalleable Order classified into two major types—hubless
iron pipe of various designs and sizes. Cast and hub and spigot. Hubless cast iron
iron soil pipe is generally distinguished from AGENCY: Enforcement and Compliance,
soil pipe fittings are manufactured
other types of nonmalleable cast iron pipe by International Trade Administration,
without a hub, generally in compliance
the manner in which it is connected to cast Department of Commerce.
iron soil pipe fittings. with Cast Iron Soil Pipe Institute (CISPI)
SUMMARY: The Department of Commerce specification 301 and/or American
Cast iron soil pipe is classified into two (Commerce) is amending its final
major types—hubless and hub and spigot. Society for Testing and Materials
Hubless cast iron soil pipe is manufactured
determination of sales at less than fair (ASTM) specification A888. Hub and
without a hub, generally in compliance with value (LTFV) as a result of ministerial spigot pipe fittings have hubs into
Cast Iron Soil Pipe Institute (CISPI) errors. In addition, based on affirmative which the spigot (plain end) of the pipe
specification 301 and/or American Society final determinations by Commerce and or fitting is inserted. Cast iron soil pipe
for Testing and Materials (ASTM) the International Trade Commission (the fittings are generally distinguished from
specification A888, including any revisions ITC), Commerce is issuing an
to those specifications. Hub and spigot pipe other types of nonmalleable cast iron
antidumping duty order on cast iron soil fittings by the manner in which they are
has one or more hubs into which the spigot pipe fittings (soil pipe fittings) from the
(plain end) of a fitting is inserted. All pipe connected to cast iron soil pipe and
meeting the physical description set forth
People’s Republic of China (China). other fittings.
above is covered by the scope of this DATES: Applicable August 31, 2018. Excluded from the scope are all drain
investigation, whether or not produced FOR FURTHER INFORMATION CONTACT: bodies. Drain bodies are normally
according to a particular standard. Sergio Balbontin at (202) 482–4474 or classified in subheading 7326.90.86.88
The subject imports are currently classified of the Harmonized Tariff Schedule of
Michael Bowen at (202) 482–0768,
in subheading 7303.00.0030 of the
Harmonized Tariff Schedule of the United AD/CVD Operations, Enforcement and the United States (HTSUS).
States (HTSUS): Cast iron soil pipe. The Compliance, U.S. Department of The cast iron soil pipe fittings subject
HTSUS subheading and specifications are Commerce, 1401 Constitution Avenue to the scope of this order are normally
provided for convenience and customs NW, Washington, DC 20230. classified in subheading 7307.11.0045 of
purposes only; the written description of the SUPPLEMENTARY INFORMATION: the HTSUS: Cast fittings of
scope of this investigation is dispositive. nonmalleable cast iron for cast iron soil
Background pipe. They may also be entered under
Appendix II
On July 17, 2018, Commerce HTSUS 7324.29.0000 and 7307.92.3010.
List of Topics Discussed in the Preliminary The HTSUS subheadings and
published its affirmative final
Decision Memorandum specifications are provided for
determination in the LTFV investigation
I. Summary of soil pipe fittings from China on July convenience and customs purposes
II. Background only; the written description of the
17, 2018.1 On July 11, 2018, Commerce
III. Period of Investigation scope of this order is dispositive.
IV. Postponement of Final Determination and received ministerial error allegations.
Extension of Provisional Measures See the ‘‘Amendment to Final Amendment to Final Determination
V. Scope Comments Determination’’ section below for
VI. Scope of the Investigation further discussion. Pursuant to 19 CFR 351.224(e),
VII. Discussion of the Methodology On August 22, 2018, the ITC notified Commerce is amending the Final
A. Non-Market Economy Country Commerce of its final determination, Determination to correct certain
B. Surrogate Country and Surrogate Value pursuant to 735(d) of the Act, that an ministerial errors.3 Based on these
Comments corrections, Shanxi Xuanshi Industrial
industry in the United States is
C. Separate Rates Group Co., Ltd.’s (Xuanshi) estimated
D. China-Wide Entity materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act, by weighted-average dumping margin
E. Application of Facts Available and
Adverse Inferences reason of LTFV imports of soil pipe increases from 27.18 percent to 84.13
F. Date of Sale fittings from China, and of its
daltland on DSKBBV9HB2PROD with NOTICES
2 See ITC Notification Letter to the Deputy
G. Comparisons to Fair Value determination that critical Assistant Secretary for Enforcement and
H. Export Price circumstances do not exist with respect Compliance, referencing ITC Investigation Nos.
I. Value-Added Tax (VAT) 701–TA–583 and 731–TA–1381 (August 20, 2018).
J. Normal Value 1 See Cast Iron Soil Pipe Fittings from the People’s 3 See Memorandum, ‘‘Less-Than-Fair-Value
K. Factor Valuation Methodology Republic of China: Final Affirmative Determination Investigation on Cast Iron Soil Pipe Fittings from
VIII. Currency Conversion of Sales at Less Than Fair Value and Final the People’s Republic of China: Ministerial Error
IX. Adjustment Under Section 777(A)(F) of Determination of Critical Circumstances, in Part, 83 Allegations in the Final Determination,’’ dated
the Act FR 33205 (July 17, 2018) (Final Determination). August 9, 2018.
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![Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices 44573
Dated: August 28, 2018. this investigation, see the Preliminary scheduled to be due no later than
Christian Marsh, Decision Memorandum.3 A list of topics January 7, 2019, unless postponed.6
Deputy Assistant Secretary for Enforcement discussed in the Preliminary Decision
and Compliance.
Methodology
Memorandum is included as Appendix
[FR Doc. 2018–19094 Filed 8–30–18; 8:45 am] II to this notice. The Preliminary Commerce is conducting this
BILLING CODE 3510–DS–P Decision Memorandum is a public investigation in accordance with section
document and is on file electronically 701 of the Act. For each of the subsidy
via Enforcement and Compliance’s programs found countervailable,
DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty Commerce preliminarily determines
Centralized Electronic Service System that there is a subsidy, i.e., a financial
International Trade Administration contribution by an ‘‘authority’’ that
(ACCESS). ACCESS is available to
[C–570–083] registered users at http:// confers a benefit on the recipient, and
access.trade.gov and is available to all that the subsidy is specific.7 For a full
Certain Steel Wheels From the parties in the Central Records Unit, description of the methodology
People’s Republic of China: Room B8024 of the main Department of underlying our preliminary conclusions,
Preliminary Affirmative Countervailing Commerce building. In addition, a see the Preliminary Decision
Duty Determination and Alignment of Memorandum.
complete version of the Preliminary
Final Determination With Final Commerce notes that, in making these
Decision Memorandum can be accessed
Antidumping Duty Determination findings, it relied, in part, on facts
directly at http://enforcement.trade.gov/
available and, because it finds that one
AGENCY: Enforcement and Compliance, frn/. The signed and electronic versions or more respondents did not act to the
International Trade Administration, of the Preliminary Decision best of their ability to respond to
Department of Commerce. Memorandum are identical in content. Commerce’s requests for information, it
SUMMARY: The Department of Commerce drew an adverse inference where
Scope of the Investigation
(Commerce) preliminarily determines appropriate in selecting from among the
that countervailable subsidies are being The products covered by this facts otherwise available.8 For further
provided to producers and exporters of investigation are certain steel wheels information, see ‘‘Use of Facts
certain steel wheels from the People’s from China. For a complete description Otherwise Available and Adverse
Republic of China (China) for the period of the scope of this investigation, see Inferences’’ in the Preliminary Decision
of investigation January 1, 2017, through Appendix I. Memorandum.
December 31, 2017. We invite interested
parties to comment on this preliminary Scope Comments Preliminary Determination and
determination. Suspension of Liquidation
In accordance with the Preamble to
DATES: Applicable August 31, 2018. In accordance with section
Commerce’s regulations, we set aside a
FOR FURTHER INFORMATION CONTACT: 705(c)(1)(B)(i)(I) of the Act, Commerce
period of time in our Initiation Notice
Chien-Min Yang or Myrna Lobo, AD/ established rates for Xiamen Sunrise
for parties to raise issues regarding
CVD Operations, Office VII, Wheel Group Co., Ltd. (Xiamen
product coverage and encouraged all
Enforcement and Compliance, Sunrise), Xiamen Sunrise Wheel Co.,
parties to submit comments within 20
International Trade Administration, Ltd. (Sunrise Wheel), Xiamen Sunrise
calendar days of publication of that
U.S. Department of Commerce, 1401 Metal Co., Ltd. (Sunrise Metal), Xiamen
notice.4 No parties commented on the Topu Import & Export Co., Ltd. (Topu),
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–5484 or scope of this investigation. and Sichuan Sunrise Metal Industry Co.,
202–482–2371, respectively. Alignment Ltd. (Sichuan Sunrise) (collectively,
SUPPLEMENTARY INFORMATION: Xiamen Sunrise), and applied a rate
In accordance with section 705(a)(1) based on adverse facts available to
Background of the Act and 19 CFR 351.210(b)(4), Zhejiang Jingu Company Limited and
This preliminary determination is and based on the petitioners’ request,5 Shanghai Yata Industry Company
made in accordance with section 703(b) we are aligning the final CVD Limited (collectively, Zhejiang Jingu).
of the Tariff Act of 1930, as amended determination in this investigation with In accordance with sections
(the Act). Commerce published the the final determination in the 705(d)(1)(A) and 705(c)(5)(A) of the Act,
notice of initiation of this investigation companion AD investigation of certain for companies not individually
on April 16, 2018.1 On June 6, 2018, steel wheels from China. Consequently, investigated, Commerce applies an ‘‘all-
Commerce postponed the deadline for the final CVD determination will be others’’ rate. The all-others rate is
the preliminary determination of the issued on the same date as the final AD normally calculated by weight averaging
investigation to the full 130 days determination, which is currently the subsidy rates of the individual
permitted under section 703(c)(1)(A) of companies selected for individual
the Act and 19 CFR 351.205(b)(2), and 3 See Memorandum, ‘‘Decision Memorandum for examination with those companies’
the revised deadline is now August 24, the Preliminary Determination in the export sales of the subject merchandise
2018.2 Countervailing Duty Investigation of Certain Steel to the United States, excluding any zero
Wheels from the People’s Republic of China,’’ dated
For a complete description of the concurrently with, and hereby adopted by, this and de minimis rates calculated for the
events that followed the initiation of notice (Preliminary Decision Memorandum).
daltland on DSKBBV9HB2PROD with NOTICES
4 See Antidumping Duties; Countervailing Duties; 6 See Steel Wheels From the People’s Republic of
1 See Certain Steel Wheels from the People’s Final Rule, 62 FR 27296, 27323 (May 19, 1997) China: Postponement of Preliminary Determination
Republic of China: Initiation of Countervailing Duty (Preamble); see also Initiation Notice. in the Less-Than-Fair-Value Investigation, 82 FR
Investigation, 83 FR 17794 (April 24, 2018) 5 See Letter from the petitioners, ‘‘Certain Steel 42110 (August 20, 2018).
(Initiation Notice). Wheels from China (C–570–083)—Petitioner’s 7 See sections 771(5)(B) and (D) of the Act
2 See Certain Steel Wheels from the People’s Request for Alignment of Countervailing Duty regarding financial contribution; section 771(5)(E)
Republic of China: Postponement of Preliminary Investigation Final Determination Deadline with of the Act regarding benefit; and section 771(5A) of
Determination in the Countervailing Duty Antidumping Investigation Final Determination the Act regarding specificity.
Investigation, 83 FR 26257 (June 6, 2018). Deadline,’’ dated August 8, 2018. 8 See sections 776(a) and (b) of the Act.
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Document Created: 2018-08-31 00:54:12
Document Modified: 2018-08-31 00:54:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable August 31, 2018. | |
| Contact | Sergio Balbontin at (202) 482-4474 or Michael Bowen at (202) 482-0768, AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 44570 |
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