83_FR_45272 83 FR 45100 - Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Initiation of Countervailing Duty Investigation

83 FR 45100 - Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 172 (September 5, 2018)

Page Range45100-45104
FR Document2018-19205

Federal Register, Volume 83 Issue 172 (Wednesday, September 5, 2018) 
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45100-45104]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19205]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-091]


Certain Steel Wheels 12 to 16.5 Inches in Diameter From the 
People's Republic of China: Initiation of Countervailing Duty 
Investigation

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

DATES: Applicable August 28, 2018.

FOR FURTHER INFORMATION CONTACT: Keith Haynes at (202) 482-5139 or 
Emily Halle at (202) 482-0176, 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 August 8, 2018, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) Petition concerning imports of 
certain steel wheels 12 to 16.5 inches in diameter (certain steel 
wheels) from the People's Republic of China (China), filed in proper 
form on behalf of Dexstar Wheel, a division of Americana Development, 
Inc. (the petitioner), which is a domestic producer of certain steel 
wheels.\1\ The CVD Petition was accompanied by an antidumping duty (AD) 
Petition concerning imports of certain steel wheels from China.
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    \1\ See the petitioner's letter, ``Petitions for the Imposition 
of Antidumping Duties and Countervailing Duties on Imports of 
Certain Steel Wheels 12 to 16.5 inches in Diameter from the People's 
Republic of China,'' dated August 8, 2018 (the Petition).
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    On August 10, 2018, Commerce requested supplemental information 
pertaining to certain aspects of the Petition in two separate 
supplemental questionnaires, one dealing with general issues with the 
Petition and the other with issues related to Volume III of the 
Petition (i.e., the CVD allegation).\2\
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    \2\ See Commerce's letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Certain Steel Wheels 12 to 16.5 
Inches in Diameter from the People's Republic of China: Supplemental 
Questions'' (CVD Deficiency Questionnaire), and ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People's 
Republic of China: Supplemental Questions'' (General Issues 
Deficiency Questionnaire), each dated August 10, 2018.
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    The petitioner filed its responses to the supplemental 
questionnaires on August 15, 2018.\3\ On August 17, 2018, we spoke with 
the petitioner regarding the scope language submitted in its August 15, 
2018, submission.\4\ On August 20, 2018, the petitioner filed an 
amendment to the scope, further clarifying the scope language.\5\
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    \3\ See the petitioner's letters, ``Certain Steel Wheels 12 To 
16.5 inches in Diameter from the People's Republic of China (C-570-
091): Petitioners' Response to Commerce's August 10, 2018 
Supplemental Questionnaire Regarding the Countervailing Duty 
Petition'' (CVD Supplement) and ``Petitioners' Response to 
Commerce's August 10, 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,'' (General Issues Supplement), each dated August 15, 2018.
    \4\ See memorandum, ``Phone Call with Counsel to the 
Petitioner,'' dated August 17, 2018.
    \5\ See the petitioner's letter, ``Petitioner's Response to the 
Department of Commerce's August 17, 2018 Additional Questions 
Regarding the Petitions for the Imposition of Antidumping and 
Countervailing Duties on Imports of Certain Steel Wheels 12 to 16.5 
Inches in Diameter from the People's Republic of China,'' dated 
August 20, 2018 (Second Scope and AD Supplement).

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[[Page 45101]]

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges 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 certain steel 
wheels in China and that imports of such products are materially 
injuring, or threatening material injury to, the domestic industry 
producing certain steel wheels 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 petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry 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 August 8, 2018, the period of 
investigation is January 1, 2017, through December 31, 2017.

Scope of the Investigation

    The product covered by this investigation is certain steel wheels 
12 to 16.5 inches in diameter from China. For a full description of the 
scope of this investigation, see the Appendix to this notice.

Scope Comments

    During our review of the Petition, Commerce contacted the 
petitioner regarding the proposed scope language 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 the petitioner's submissions, 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 Supplement, at 2-5 and Exhibit SGQ-2 
(Revised Scope); see also August 20 Petition Supplement, at 1-2 and 
Exhibit SQR2-1 (Revised Scope).
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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 September 17, 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 September 27, 
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 investigation 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 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 Commerce letter, ``Countervailing Duty Petition on 
Certain Steel Wheels 12 to 16.5 inches in Diameter from the People's 
Republic of China,'' dated August 9, 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

[[Page 45102]]

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 the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\15\ Based on our analysis of the information 
submitted on the record, we have determined that certain steel wheels, 
as defined in the scope, constitute a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\16\
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    \15\ See Volume I of the Petition, at I-6 through I-8.
    \16\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
memorandum, ``Countervailing Duty Investigation Initiation 
Checklist: Certain Steel Wheels 12 to 16.5 Inches in Diameter from 
the People's Republic of China'' (China CVD Initiation Checklist), 
at Attachment II (Analysis of Industry Support for the Antidumping 
and Countervailing Duty Petitions Covering Certain Steel Wheels 12 
to 16.5 Inches in Diameter from the People's Republic of China). 
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 petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2017.\17\ In addition, 
the petitioner provided a letter of support from American Wheel 
Corporation, stating that the company supports the Petition and 
providing its own production of the domestic like product in 2017.\18\ 
The petitioner identifies itself and American Wheel Corporation as the 
only companies constituting the U.S. certain steel wheels industry and 
states that there are no other known producers of certain steel wheels 
in the United States; therefore, the Petition is supported by 100 
percent of the U.S. industry.\19\
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    \17\ See Volume I of the Petition at I-9, I-31 and Exhibit I-11.
    \18\ Id. at I-9 and Exhibit I-2.
    \19\ Id. at I-2, I-9 and Exhibit I-1; see also General Issues 
Supplement, at SGQ-5 and Exhibit SGQ-5.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\20\ 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).\21\ 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.\22\ 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.\23\ 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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    \20\ Id.
    \21\ Id.; see also section 702(c)(4)(D) of the Act.
    \22\ See China CVD Initiation Checklist, at Attachment II.
    \23\ Id.
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    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(C) of the Act, and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting that Commerce initiate.\24\
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    \24\ 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 petitioner alleges 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 petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\25\
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    \25\ See Volume I of the Petition, at I-19 through I-21 and 
Exhibit I-8.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and lost revenues; decline in production, U.S. shipments, 
and capacity utilization; decline in production-related workers and 
hours worked; decline in capital expenditures; and negative impact on 
financial performance.\26\ 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.\27\
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    \26\ Id. at I-15 through I-42 and Exhibits I-2, I-6, I-8, I-10, 
I-11, I-14 through I-16; see also General Issues Supplement, at SGQ-
5, SGQ-6 and Exhibit SGQ-6.
    \27\ See China CVD 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 12 to 16.5 Inches in Diameter 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 
meets the requirements of section 702 of the Act. Therefore, we are 
initiating a CVD investigation to determine whether imports of certain 
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 determination 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.

[[Page 45103]]

Respondent Selection

    The petitioner named 36 producers/exporters as accounting for the 
majority of exports of certain steel wheels to the United States from 
China.\28\ 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 certain 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. On August 21, 2018, we released CBP 
data under Administrative Protective Order (APO) to all parties with 
access to information protected by APO and indicated that interested 
parties wishing to comment regarding the CBP data and respondent 
selection must do so within three business days of the publication date 
of the notice of initiation of this CVD investigation.\29\ Commerce 
will not accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \28\ See General Issues Supplemental at Exhibit SGQ-1.
    \29\ See memorandum, ``Countervailing Duty Investigation of 
Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People's 
Republic of China: U.S. Customs and Border Protection Entry Data,'' 
dated August 21, 2018.
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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 regarding respondent selection 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 established by Commerce. We intend to finalize our 
decisions regarding respondent selection within 20 days of publication 
of this notice.

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 Petition, 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 Determination 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 certain steel wheels from China are 
materially injuring, or threatening material injury to, a U.S. 
industry.\30\ A negative ITC determination will result in the 
investigation being terminated.\31\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \30\ See section 703(a)(2) of the Act.
    \31\ 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 
\32\ 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.\33\ 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 this 
investigation.
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    \32\ See 19 CFR 351.301(b).
    \33\ 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 this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\34\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\35\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \34\ See section 782(b) of the Act.
    \35\ 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).


[[Page 45104]]


    Dated: August 28, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation is certain on-the-road steel 
wheels, discs, and rims for tubeless tires with a nominal wheel 
diameter of 12 inches to 16.5 inches, regardless of width. Certain 
on-the-road steel wheels with a nominal wheel diameter of 12 inches 
to 16.5 inches within the scope are generally for road and highway 
trailers and other towable equipment, including, inter alia, utility 
trailers, cargo trailers, horse trailers, boat trailers, 
recreational trailers, and towable mobile homes. The standard widths 
of certain on-the-road steel wheels are 4 inches, 4.5 inches, 5 
inches, 5.5 inches, 6 inches, and 6.5 inches, but all certain on-
the-road steel wheels, regardless of width, are covered by the 
scope.
    The scope includes rims and discs for certain on-the-road steel 
wheels, whether imported as an assembly, unassembled, or separately. 
The scope includes certain on-the-road steel wheels regardless of 
steel composition, whether cladded or not cladded, whether finished 
or not finished, and whether coated or uncoated. The scope also 
includes certain on-the-road steel wheels with discs in either a 
``hub-piloted'' or ``stud-piloted'' mounting configuration, though 
the stud-piloted configuration is most common in the size range 
covered.
    All on-the-road wheels sold in the United States must meet 
Standard 110 or 120 of the National Highway Traffic Safety 
Administration's (NHTSA) Federal Motor Vehicle Safety Standards, 
which requires a rim marking, such as the ``DOT'' symbol, indicating 
compliance with applicable motor vehicle standards. See 49 CFR 
571.110 and 571.120. The scope includes certain on-the-road steel 
wheels imported with or without NHTSA's required markings.
    Certain on-the-road steel wheels imported as an assembly with a 
tire mounted on the wheel and/or with a valve stem or rims imported 
as an assembly with a tire mounted on the rim and/or with a valve 
stem are included in the scope of this investigation. However, if 
the steel wheels or rims are imported as an assembly with a tire 
mounted on the wheel or rim and/or with a valve stem attached, the 
tire and/or valve stem is not covered by the scope.
    Excluded from this scope are the following:
    (1) Steel wheels for use with tube-type tires; such tires use 
multi piece rims, which are two-piece and three-piece assemblies and 
require the use of an inner tube;
    (2) aluminum wheels;
    (3) certain on-the-road steel wheels that are coated entirely 
with chrome; and
    (4) steel wheels that do not meet Standard 110 or 120 of the 
NHTSA's requirements other than the rim marking requirements found 
in 49 CFR 571.110S4.4.2 and 571.120S5.2.
    Certain on-the-road steel wheels subject to this investigation 
are properly classifiable under the following category of the 
Harmonized Tariff Schedule of the United States (HTSUS): 
8716.90.5035 which covers the exact product covered by the scope 
whether entered as an assembled wheel or in components. Certain on-
the-road steel wheels entered with a tire mounted on them may be 
entered under HTSUS 8716.90.5059 (Trailers and semi-trailers; other 
vehicles, not mechanically propelled, parts, wheels, other, wheels 
with other tires) (a category that will be broader than what is 
covered by the scope). While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
subject merchandise is dispositive.

[FR Doc. 2018-19205 Filed 9-4-18; 8:45 am]
 BILLING CODE 3510-DS-P

45100 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 351.303(g).50 Commerce intends to rim marking, such as the ‘‘DOT’’ symbol, SUPPLEMENTARY INFORMATION: reject factual submissions if the indicating compliance with applicable motor vehicle standards. See 49 CFR 571.110 and The Petition submitting party does not comply with 571.120. The scope includes certain on-the- On August 8, 2018, the U.S. the applicable certification road steel wheels imported with or without requirements. Department of Commerce (Commerce) NHTSA’s required markings. Certain on-the-road steel wheels imported received a countervailing duty (CVD) Notification to Interested Parties Petition concerning imports of certain as an assembly with a tire mounted on the Interested parties must submit wheel and/or with a valve stem or rims steel wheels 12 to 16.5 inches in applications for disclosure under APO imported as an assembly with a tire mounted diameter (certain steel wheels) from the in accordance with 19 CFR 351.305. On on the rim and/or with a valve stem are People’s Republic of China (China), January 22, 2008, Commerce published included in the scope of this investigation. filed in proper form on behalf of Dexstar Antidumping and Countervailing Duty However, if the steel wheels or rims are Wheel, a division of Americana imported as an assembly with a tire mounted Proceedings: Documents Submission on the wheel or rim and/or with a valve stem Development, Inc. (the petitioner), Procedures; APO Procedures, 73 FR attached, the tire and/or valve stem is not which is a domestic producer of certain 3634 (January 22, 2008). Parties wishing covered by the scope. steel wheels.1 The CVD Petition was to participate in this investigation Excluded from this scope are the following: accompanied by an antidumping duty should ensure that they meet the (1) Steel wheels for use with tube-type (AD) Petition concerning imports of requirements of these procedures (e.g., tires; such tires use multi piece rims, which certain steel wheels from China. the filing of letters of appearance as are two-piece and three-piece assemblies and On August 10, 2018, Commerce require the use of an inner tube; requested supplemental information discussed at 19 CFR 351.103(d)). (2) aluminum wheels; This notice is issued and published (3) certain on-the-road steel wheels that are pertaining to certain aspects of the pursuant to sections 732(c)(2) and 777(i) coated entirely with chrome; and Petition in two separate supplemental of the Act, and 19 CFR 351.203(c). (4) steel wheels that do not meet Standard questionnaires, one dealing with general Dated: August 28, 2018. 110 or 120 of the NHTSA’s requirements issues with the Petition and the other other than the rim marking requirements with issues related to Volume III of the Christian Marsh, found in 49 CFR 571.110S4.4.2 and Petition (i.e., the CVD allegation).2 Deputy Assistant Secretary for Enforcement 571.120S5.2. and Compliance. The petitioner filed its responses to Certain on-the-road steel wheels subject to the supplemental questionnaires on this investigation are properly classifiable Appendix August 15, 2018.3 On August 17, 2018, under the following category of the Scope of the Investigation Harmonized Tariff Schedule of the United we spoke with the petitioner regarding States (HTSUS): 8716.90.5035 which covers the scope language submitted in its The scope of this investigation is certain on-the-road steel wheels, discs, and rims for the exact product covered by the scope August 15, 2018, submission.4 On tubeless tires with a nominal wheel diameter whether entered as an assembled wheel or in August 20, 2018, the petitioner filed an of 12 inches to 16.5 inches, regardless of components. Certain on-the-road steel wheels amendment to the scope, further entered with a tire mounted on them may be clarifying the scope language.5 width. Certain on-the-road steel wheels with entered under HTSUS 8716.90.5059 (Trailers a nominal wheel diameter of 12 inches to and semi-trailers; other vehicles, not 16.5 inches within the scope are generally for 1 See the petitioner’s letter, ‘‘Petitions for the mechanically propelled, parts, wheels, other, road and highway trailers and other towable Imposition of Antidumping Duties and wheels with other tires) (a category that will Countervailing Duties on Imports of Certain Steel equipment, including, inter alia, utility be broader than what is covered by the Wheels 12 to 16.5 inches in Diameter from the trailers, cargo trailers, horse trailers, boat scope). While the HTSUS subheadings are People’s Republic of China,’’ dated August 8, 2018 trailers, recreational trailers, and towable provided for convenience and customs (the Petition). mobile homes. The standard widths of purposes, the written description of the 2 See Commerce’s letters, ‘‘Petition for the certain on-the-road steel wheels are 4 inches, subject merchandise is dispositive. Imposition of Countervailing Duties on Imports of 4.5 inches, 5 inches, 5.5 inches, 6 inches, and Certain Steel Wheels 12 to 16.5 Inches in Diameter 6.5 inches, but all certain on-the-road steel [FR Doc. 2018–19206 Filed 9–4–18; 8:45 am] from the People’s Republic of China: Supplemental wheels, regardless of width, are covered by BILLING CODE 3510–DS–P Questions’’ (CVD Deficiency Questionnaire), and the scope. ‘‘Petitions for the Imposition of Antidumping and The scope includes rims and discs for Countervailing Duties on Imports of Certain Steel certain on-the-road steel wheels, whether Wheels 12 to 16.5 Inches in Diameter from the DEPARTMENT OF COMMERCE People’s Republic of China: Supplemental imported as an assembly, unassembled, or separately. The scope includes certain on- Questions’’ (General Issues Deficiency International Trade Administration Questionnaire), each dated August 10, 2018. the-road steel wheels regardless of steel 3 See the petitioner’s letters, ‘‘Certain Steel composition, whether cladded or not [C–570–091] Wheels 12 To 16.5 inches in Diameter from the cladded, whether finished or not finished, People’s Republic of China (C–570–091): and whether coated or uncoated. The scope Certain Steel Wheels 12 to 16.5 Inches Petitioners’ Response to Commerce’s August 10, also includes certain on-the-road steel wheels in Diameter From the People’s 2018 Supplemental Questionnaire Regarding the with discs in either a ‘‘hub-piloted’’ or ‘‘stud- Republic of China: Initiation of Countervailing Duty Petition’’ (CVD Supplement) piloted’’ mounting configuration, though the Countervailing Duty Investigation and ‘‘Petitioners’ Response to Commerce’s August stud-piloted configuration is most common 10, 2018 General Issues Questionnaire Regarding in the size range covered. AGENCY: Enforcement and Compliance, the Petitions for the Imposition of Antidumping and All on-the-road wheels sold in the United Countervailing Duties on Imports of Certain Steel International Trade Administration, Wheels from the People’s Republic of China,’’ States must meet Standard 110 or 120 of the Department of Commerce. (General Issues Supplement), each dated August 15, National Highway Traffic Safety DATES: Applicable August 28, 2018. 2018. Administration’s (NHTSA) Federal Motor 4 See memorandum, ‘‘Phone Call with Counsel to Vehicle Safety Standards, which requires a FOR FURTHER INFORMATION CONTACT: daltland on DSKBBV9HB2PROD with NOTICES the Petitioner,’’ dated August 17, 2018. Keith Haynes at (202) 482–5139 or 5 See the petitioner’s letter, ‘‘Petitioner’s 50 See also Certification of Factual Information to Emily Halle at (202) 482–0176, AD/CVD Response to the Department of Commerce’s August Import Administration During Antidumping and Operations, Enforcement and 17, 2018 Additional Questions Regarding the Countervailing Duty Proceedings, 78 FR 42678 (July Compliance, International Trade Petitions for the Imposition of Antidumping and 17, 2013) (Final Rule). Answers to frequently asked Countervailing Duties on Imports of Certain Steel questions regarding the Final Rule are available at Administration, U.S. Department of Wheels 12 to 16.5 Inches in Diameter from the http://enforcement.trade.gov/tlei/notices/factual_ Commerce, 1401 Constitution Avenue People’s Republic of China,’’ dated August 20, 2018 info_final_rule_FAQ_07172013.pdf. NW, Washington, DC 20230. (Second Scope and AD Supplement). VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\05SEN1.SGM 05SEN1

Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 45101 In accordance with section 702(b)(1) (scope).8 Commerce will consider all with the date and time of receipt by the of the Tariff Act of 1930, as amended comments received from interested applicable deadlines. (the Act), the petitioner alleges that the parties and, if necessary, will consult Consultations Government of China (GOC) is with interested parties prior to the providing countervailable subsidies, issuance of the preliminary Pursuant to sections 702(b)(4)(A)(i) within the meaning of sections 701 and determination. If scope comments and (ii) of the Act, Commerce notified 771(5) of the Act, to producers of certain include factual information,9 all such representatives of the GOC of the receipt steel wheels in China and that imports factual information should be limited to of the Petition and provided them the of such products are materially injuring, public information. To facilitate opportunity for consultations with or threatening material injury to, the preparation of its questionnaires, respect to the CVD Petition.12 The GOC domestic industry producing certain Commerce requests that all interested did not request consultations. steel wheels in the United States. parties submit such comments by 5:00 Determination of Industry Support for Consistent with section 702(b)(1) of the p.m. Eastern Time (ET) on September the Petition Act and 19 CFR 351.202(b), for those 17, 2018, which is 20 calendar days alleged programs on which we are from the signature date of this notice. Section 702(b)(1) of the Act requires initiating a CVD investigation, the Any rebuttal comments, which may that a petition be filed on behalf of the Petition is accompanied by information include factual information, must be domestic industry. Section 702(c)(4)(A) reasonably available to the petitioner filed by 5:00 p.m. ET on September 27, of the Act provides that a petition meets supporting its allegations. 2018, which is 10 calendar days from this requirement if the domestic Commerce finds that the petitioner the initial comments deadline.10 producers or workers who support the filed the Petition on behalf of the petition account for: (i) At least 25 Commerce requests that any factual domestic industry because the percent of the total production of the information parties consider relevant to petitioner is an interested party as domestic like product; and (ii) more the scope of the investigation be defined in section 771(9)(C) of the Act. than 50 percent of the production of the submitted during this period. However, Commerce also finds that the petitioner domestic like product produced by that if a party subsequently finds that demonstrated sufficient industry portion of the industry expressing additional factual information support necessary for the initiation of support for, or opposition to, the pertaining to the scope of the the requested CVD investigation.6 petition. Moreover, section 702(c)(4)(D) investigation may be relevant, the party of the Act provides that, if the petition Period of Investigation may contact Commerce and request does not establish support of domestic permission to submit the additional Because the Petition was filed on producers or workers accounting for information. All such submissions must August 8, 2018, the period of more than 50 percent of the total be filed on the records of the concurrent investigation is January 1, 2017, through production of the domestic like product, AD and CVD investigations. December 31, 2017. Commerce shall: (i) Poll the industry or Filing Requirements rely on other information in order to Scope of the Investigation determine if there is support for the All submissions to Commerce must be petition, as required by subparagraph The product covered by this filed electronically using Enforcement investigation is certain steel wheels 12 (A); or (ii) determine industry support and Compliance’s Antidumping Duty using a statistically valid sampling to 16.5 inches in diameter from China. and Countervailing Duty Centralized For a full description of the scope of this method to poll the ‘‘industry.’’ Electronic Service System (ACCESS).11 Section 771(4)(A) of the Act defines investigation, see the Appendix to this An electronically filed document must notice. the ‘‘industry’’ as the producers as a be received successfully in its entirety whole of a domestic like product. Thus, Scope Comments by the time and date it is due. to determine whether a petition has the Documents exempted from the requisite industry support, the statute During our review of the Petition, electronic submission requirements directs Commerce to look to producers Commerce contacted the petitioner must be filed manually (i.e., in paper and workers who produce the domestic regarding the proposed scope language form) with Enforcement and like product. The International Trade to ensure that the scope language in the Compliance’s APO/Dockets Unit, Room Commission (ITC), which is responsible Petition is an accurate reflection of the 18022, U.S. Department of Commerce, for determining whether ‘‘the domestic products for which the domestic 1401 Constitution Avenue NW, industry’’ has been injured, must also industry is seeking relief.7 As a result of Washington, DC 20230, and stamped determine what constitutes a domestic the petitioner’s submissions, the scope of the Petition was modified to clarify like product in order to define the 8 See Antidumping Duties; Countervailing Duties, the description of merchandise covered industry. While both Commerce and the Final Rule, 62 FR 27296, 27323 (May 19, 1997) by the Petition. The description of the (Preamble). ITC must apply the same statutory merchandise covered by this initiation, 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual definition regarding the domestic like as described in the Appendix to this information’’). product,13 they do so for different notice, reflects these clarifications. 10 See 19 CFR 351.303(b). purposes and pursuant to a separate and 11 See Antidumping and Countervailing Duty As discussed in the Preamble to distinct authority. In addition, Proceedings: Electronic Filing Procedures; Commerce’s regulations, we are setting Administrative Protective Order Procedures, 76 FR Commerce’s determination is subject to aside a period for interested parties to 39263 (July 6, 2011). See also Enforcement and limitations of time and information. daltland on DSKBBV9HB2PROD with NOTICES raise issues regarding product coverage Compliance: Change of Electronic Filing System Although this may result in different Name, 79 FR 69046 (November 20, 2014) for details definitions of the like product, such of Commerce’s electronic filing requirements, 6 See ‘‘Determination of Industry Support for the which went into effect on August 5, 2011. Petition’’ section, infra. Information on help using ACCESS can be found at 12 See Commerce letter, ‘‘Countervailing Duty 7 See General Issues Supplement, at 2–5 and https://access.trade.gov/help.aspx, and a handbook Petition on Certain Steel Wheels 12 to 16.5 inches Exhibit SGQ–2 (Revised Scope); see also August 20 can be found at https://access.trade.gov/help/ in Diameter from the People’s Republic of China,’’ Petition Supplement, at 1–2 and Exhibit SQR2–1 Handbook%20on%20Electronic%20Filling%20 dated August 9, 2018. (Revised Scope). Procedures.pdf. 13 See section 771(10) of the Act. VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\05SEN1.SGM 05SEN1

45102 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices differences do not render the decision of certain steel wheels in the United Allegations and Evidence of Material either agency contrary to law.14 States; therefore, the Petition is Injury and Causation Section 771(10) of the Act defines the supported by 100 percent of the U.S. The petitioner alleges that imports of domestic like product as ‘‘a product industry.19 the subject merchandise are benefitting which is like, or in the absence of like, Our review of the data provided in the from countervailable subsidies and that most similar in characteristics and uses Petition, the General Issues Supplement, such imports are causing, or threaten to with, the article subject to an and other information readily available cause, material injury to the U.S. investigation under this title.’’ Thus, the to Commerce indicates that the industry producing the domestic like reference point from which the petitioner has established industry product. In addition, the petitioner domestic like product analysis begins is support for the Petition.20 First, the alleges that subject imports exceed the ‘‘the article subject to an investigation’’ Petition established support from negligibility threshold provided for (i.e., the class or kind of merchandise to domestic producers (or workers) under section 771(24)(A) of the Act.25 be investigated, which normally will be accounting for more than 50 percent of The petitioner contends that the the scope as defined in the petition). the total production of the domestic like industry’s injured condition is With regard to the domestic like product and, as such, Commerce is not illustrated by a significant and product, the petitioner does not offer a required to take further action in order increasing volume of subject imports; definition of the domestic like product to evaluate industry support (e.g., reduced market share; underselling and distinct from the scope of the polling).21 Second, the domestic price depression or suppression; lost investigation.15 Based on our analysis of producers (or workers) have met the sales and lost revenues; decline in the information submitted on the statutory criteria for industry support production, U.S. shipments, and record, we have determined that certain under section 702(c)(4)(A)(i) of the Act capacity utilization; decline in steel wheels, as defined in the scope, because the domestic producers (or production-related workers and hours constitute a single domestic like workers) who support the Petition worked; decline in capital expenditures; product, and we have analyzed industry account for at least 25 percent of the and negative impact on financial support in terms of that domestic like total production of the domestic like performance.26 We have assessed the product.16 product.22 Finally, the domestic allegations and supporting evidence In determining whether the petitioner producers (or workers) have met the regarding material injury, threat of has standing under section 702(c)(4)(A) statutory criteria for industry support material injury, and causation, and we of the Act, we considered the industry under section 702(c)(4)(A)(ii) of the Act have determined that these allegations support data contained in the Petition because the domestic producers (or are properly supported by adequate with reference to the domestic like workers) who support the Petition evidence, and meet the statutory product as defined in the ‘‘Scope of the account for more than 50 percent of the requirements for initiation.27 Investigation,’’ in the Appendix to this production of the domestic like product notice. To establish industry support, Initiation of CVD Investigation produced by that portion of the industry the petitioner provided its own expressing support for, or opposition to, Based on the examination of the production of the domestic like product the Petition.23 Accordingly, Commerce Petition, we find that the Petition meets in 2017.17 In addition, the petitioner determines that the Petition was filed on the requirements of section 702 of the provided a letter of support from behalf of the domestic industry within Act. Therefore, we are initiating a CVD American Wheel Corporation, stating the meaning of section 702(b)(1) of the investigation to determine whether that the company supports the Petition Act. imports of certain steel wheels from and providing its own production of the Commerce finds that the petitioner China benefit from countervailable domestic like product in 2017.18 The filed the Petition on behalf of the subsidies conferred by the GOC. In petitioner identifies itself and American domestic industry because it is an accordance with section 703(b)(1) of the Wheel Corporation as the only interested party as defined in section Act and 19 CFR 351.205(b)(1), unless companies constituting the U.S. certain 771(9)(C) of the Act, and it has postponed, we will make our steel wheels industry and states that demonstrated sufficient industry preliminary determination no later than there are no other known producers of support with respect to the CVD 65 days after the date of this initiation. Based on our review of the Petition, investigation that it is requesting that 14 See USEC, Inc. v. United States, 132 F. Supp. we find that there is sufficient Commerce initiate.24 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. information to initiate a CVD v. United States, 688 F. Supp. 639, 644 (CIT 1988), investigation on all of the subsidy aff’d 865 F.2d 240 (Fed. Cir. 1989)). Injury Test programs alleged in the Petition, with 15 See Volume I of the Petition, at I–6 through I– Because China is a ‘‘Subsidies 8. certain limitations. For a full discussion Agreement Country’’ within the 16 For a discussion of the domestic like product of the basis for our decision to initiate meaning of section 701(b) of the Act, analysis as applied to this case and information on each program, see China CVD regarding industry support, see memorandum, section 701(a)(2) of the Act applies to Initiation Checklist. A public version of ‘‘Countervailing Duty Investigation Initiation this investigation. Accordingly, the ITC Checklist: Certain Steel Wheels 12 to 16.5 Inches in the initiation checklist for this must determine whether imports of the investigation is available on ACCESS. Diameter from the People’s Republic of China’’ (China CVD Initiation Checklist), at Attachment II subject merchandise from China (Analysis of Industry Support for the Antidumping materially injure, or threaten material 25 See Volume I of the Petition, at I–19 through and Countervailing Duty Petitions Covering Certain injury to, a U.S. industry. I–21 and Exhibit I–8. Steel Wheels 12 to 16.5 Inches in Diameter from the 26 Id. at I–15 through I–42 and Exhibits I–2, I–6, daltland on DSKBBV9HB2PROD with NOTICES People’s Republic of China). This checklist is dated 19 Id. at I–2, I–9 and Exhibit I–1; see also General I–8, I–10, I–11, I–14 through I–16; see also General concurrently with this notice and on file Issues Supplement, at SGQ–5, SGQ–6 and Exhibit electronically via ACCESS. Access to documents Issues Supplement, at SGQ–5 and Exhibit SGQ–5. 20 Id. SGQ–6. filed via ACCESS is also available in the Central 27 See China CVD Initiation Checklist at 21 Id.; see also section 702(c)(4)(D) of the Act. Records Unit, Room B8024 of the main Department Attachment III (Analysis of Allegations and of Commerce building. 22 See China CVD Initiation Checklist, at Evidence of Material Injury and Causation for the 17 See Volume I of the Petition at I–9, I–31 and Attachment II. Antidumping and Countervailing Duty Petitions Exhibit I–11. 23 Id. Covering Certain Steel Wheels 12 to 16.5 Inches in 18 Id. at I–9 and Exhibit I–2. 24 Id. Diameter from the People’s Republic of China). VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\05SEN1.SGM 05SEN1

Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 45103 Respondent Selection ITC Notification untimely if it is filed after 10:00 a.m. ET We will notify the ITC of our on the due date. Under certain The petitioner named 36 producers/ circumstances, we may elect to specify exporters as accounting for the majority initiation, as required by section 702(d) of the Act. a different time limit by which of exports of certain steel wheels to the extension requests will be considered United States from China.28 In the event Preliminary Determination by the ITC untimely for submissions which are due Commerce determines that the number The ITC will preliminarily determine, from multiple parties simultaneously. In of companies is large and it cannot within 45 days after the date on which such a case, we will inform parties in individually examine each company the Petition was filed, whether there is the letter or memorandum setting forth based upon Commerce’s resources, a reasonable indication that imports of the deadline (including a specified time) where appropriate, Commerce intends certain steel wheels from China are to select mandatory respondents based by which extension requests must be materially injuring, or threatening filed to be considered timely. An on U.S. Customs and Border Protection material injury to, a U.S. industry.30 A (CBP) data for U.S. imports of certain extension request must be made in a negative ITC determination will result steel wheels from China during the POI separate, stand-alone submission; under in the investigation being terminated.31 under the appropriate Harmonized Otherwise, this investigation will limited circumstances we will grant Tariff Schedule of the United States proceed according to statutory and untimely-filed requests for the extension numbers listed in the ‘‘Scope of the regulatory time limits. of time limits. Parties should review Investigation,’’ in the Appendix. On Extension of Time Limits; Final Rule, 78 August 21, 2018, we released CBP data Submission of Factual Information FR 57790 (September 20, 2013), under Administrative Protective Order Factual information is defined in 19 available at http://www.gpo.gov/fdsys/ (APO) to all parties with access to CFR 351.102(b)(21) as: (i) Evidence pkg/FR-2013-09-20/html/2013- information protected by APO and submitted in response to questionnaires; 22853.htm, prior to submitting factual indicated that interested parties wishing (ii) evidence submitted in support of information in this investigation. to comment regarding the CBP data and allegations; (iii) publicly available information to value factors under 19 Certification Requirements respondent selection must do so within three business days of the publication CFR 351.408(c) or to measure the Any party submitting factual date of the notice of initiation of this adequacy of remuneration under 19 CFR information in an AD or CVD CVD investigation.29 Commerce will not 351.511(a)(2); (iv) evidence placed on proceeding must certify to the accuracy accept rebuttal comments regarding the the record by Commerce; and (v) evidence other than factual information and completeness of that information.34 CBP data or respondent selection. Parties must use the certification described in (i)–(iv). 19 CFR 351.301(b) Interested parties must submit requires any party, when submitting formats provided in 19 CFR applications for disclosure under APO factual information, to specify under 351.303(g).35 Commerce intends to in accordance with 19 CFR 351.305(b). which subsection of 19 CFR reject factual submissions if the Instructions for filing such applications 351.102(b)(21) the information is being submitting party does not comply with may be found on the Commerce’s submitted 32 and, if the information is the applicable certification website at http://enforcement.trade.gov/ submitted to rebut, clarify, or correct requirements. apo. factual information already on the Notification to Interested Parties Comments regarding respondent record, to provide an explanation selection must be filed electronically identifying the information already on Interested parties must submit using ACCESS. An electronically filed the record that the factual information applications for disclosure under APO document must be received seeks to rebut, clarify, or correct.33 Time in accordance with 19 CFR 351.305. On successfully, in its entirety, by ACCESS limits for the submission of factual January 22, 2008, Commerce published no later than 5:00 p.m. ET on the date information are addressed in 19 CFR Antidumping and Countervailing Duty established by Commerce. We intend to 351.301, which provides specific time Proceedings: Documents Submission finalize our decisions regarding limits based on the type of factual Procedures; APO Procedures, 73 FR respondent selection within 20 days of information being submitted. Interested 3634 (January 22, 2008). Parties wishing publication of this notice. parties should review the regulations to participate in this investigation prior to submitting factual information Distribution of Copies of the Petition should ensure that they meet the in this investigation. requirements of these procedures (e.g., In accordance with section Extensions of Time Limits the filing of letters of appearance as 702(b)(4)(A)(i) of the Act and 19 CFR Parties may request an extension of discussed at 19 CFR 351.103(d)). 351.202(f), copies of the public versions time limits before the expiration of a of the Petition have been provided to This notice is issued and published time limit established under 19 CFR pursuant to sections 702 and 777(i) of the GOC via ACCESS. To the extent 351.301, or as otherwise specified by the practicable, we will attempt to provide the Act and 19 CFR 351.203(c). Secretary. In general, an extension a copy of the public version of the request will be considered untimely if it Petition to each exporter named in the is filed after the expiration of the time Petition, as provided under 19 CFR limit established under 19 CFR 351.301. 351.203(c)(2). For submissions that are due from daltland on DSKBBV9HB2PROD with NOTICES 34 See section 782(b) of the Act. multiple parties simultaneously, an 35 See Certification of Factual Information to 28 See General Issues Supplemental at Exhibit extension request will be considered Import Administration During Antidumping and SGQ–1. 29 See memorandum, ‘‘Countervailing Duty Countervailing Duty Proceedings, 78 FR 42678 (July 30 See section 703(a)(2) of the Act. Investigation of Certain Steel Wheels 12 to 16.5 17, 2013) (‘‘Final Rule’’); see also frequently asked 31 See section 703(a)(1) of the Act. questions regarding the Final Rule, available at Inches in Diameter from the People’s Republic of 32 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ China: U.S. Customs and Border Protection Entry Data,’’ dated August 21, 2018. 33 See 19 CFR 351.301(b)(2). info_final_rule_FAQ_07172013.pdf. VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\05SEN1.SGM 05SEN1

45104 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices Dated: August 28, 2018. Harmonized Tariff Schedule of the United Justification for Duty-Free Entry: There Christian Marsh, States (HTSUS): 8716.90.5035 which covers are no instruments of the same general the exact product covered by the scope category manufactured in the United Deputy Assistant Secretary for Enforcement whether entered as an assembled wheel or in and Compliance. components. Certain on-the-road steel wheels States. Application accepted by entered with a tire mounted on them may be Commissioner of Customs: October 5, Appendix I entered under HTSUS 8716.90.5059 (Trailers 2017. Scope of the Investigation and semi-trailers; other vehicles, not Dated: August 28, 2018. The scope of this investigation is certain mechanically propelled, parts, wheels, other, Gregory W. Campbell, on-the-road steel wheels, discs, and rims for wheels with other tires) (a category that will tubeless tires with a nominal wheel diameter be broader than what is covered by the Director, Subsidies Enforcement, Enforcement of 12 inches to 16.5 inches, regardless of scope). While the HTSUS subheadings are and Compliance. width. Certain on-the-road steel wheels with provided for convenience and customs [FR Doc. 2018–19208 Filed 9–4–18; 8:45 am] a nominal wheel diameter of 12 inches to purposes, the written description of the BILLING CODE 3510–DS–P 16.5 inches within the scope are generally for subject merchandise is dispositive. road and highway trailers and other towable [FR Doc. 2018–19205 Filed 9–4–18; 8:45 am] equipment, including, inter alia, utility BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE trailers, cargo trailers, horse trailers, boat trailers, recreational trailers, and towable Patent and Trademark Office mobile homes. The standard widths of certain on-the-road steel wheels are 4 inches, DEPARTMENT OF COMMERCE Patent Review and Derivation 4.5 inches, 5 inches, 5.5 inches, 6 inches, and International Trade Administration Proceedings 6.5 inches, but all certain on-the-road steel wheels, regardless of width, are covered by Application(s) for Duty-Free Entry of ACTION: Proposed collection; comment the scope. The scope includes rims and discs for Scientific Instruments request. certain on-the-road steel wheels, whether Pursuant to Section 6(c) of the SUMMARY: The United States Patent and imported as an assembly, unassembled, or Educational, Scientific and Cultural separately. The scope includes certain on- Trademark Office (USPTO), as required the-road steel wheels regardless of steel Materials Importation Act of 1966 (Pub. by the Paperwork Reduction Act of 1995 composition, whether cladded or not L. 89–651, as amended by Pub. L. 106– invites comments on a proposed cladded, whether finished or not finished, 36; 80 Stat. 897; 15 CFR part 301), we extension of an existing information and whether coated or uncoated. The scope invite comments on the question of collection: 0651–0069 (Patent Review also includes certain on-the-road steel wheels whether instruments of equivalent and Derivation Proceedings). with discs in either a ‘‘hub-piloted’’ or ‘‘stud- scientific value, for the purposes for DATES: Written comments must be piloted’’ mounting configuration, though the which the instruments shown below are stud-piloted configuration is most common submitted on or before November 5, intended to be used, are being 2018. in the size range covered. manufactured in the United States. All on-the-road wheels sold in the United Comments must comply with 15 CFR ADDRESSES: You may submit comments States must meet Standard 110 or 120 of the by any of the following methods: National Highway Traffic Safety 301.5(a)(3) and (4) of the regulations and be postmarked on or before September • Email: InformationCollection@ Administration’s (NHTSA) Federal Motor 25, 2018. Address written comments to uspto.gov. Include ‘‘0651–0069 Vehicle Safety Standards, which requires a rim marking, such as the ‘‘DOT’’ symbol, Statutory Import Programs Staff, Room comment’’ in the subject line of the indicating compliance with applicable motor 3720, U.S. Department of Commerce, message. vehicle standards. See 49 CFR 571.110 and Washington, DC 20230. Applications • Federal Rulemaking Portal: http:// 571.120. The scope includes certain on-the- may be examined between 8:30 a.m. and www.regulations.gov. road steel wheels imported with or without 5:00 p.m. at the U.S. Department of • Mail: Michael P. Tierney, Records NHTSA’s required markings. Commerce in Room 3720. and Information Governance Division Certain on-the-road steel wheels imported Director, Office of the Chief Technology Docket Number: 17–019. Applicant: as an assembly with a tire mounted on the Officer, United States Patent and wheel and/or with a valve stem or rims University of California, Berkeley, 100 Hearst Memorial Mining Building, Trademark Office, P.O. Box 1450, imported as an assembly with a tire mounted on the rim and/or with a valve stem are Berkeley, CA 94720. Instrument: High Alexandria, VA 22313–1450. included in the scope of this investigation. Field Cryogen-Free Measurement FOR FURTHER INFORMATION CONTACT: However, if the steel wheels or rims are System (CFMS) for Precision Requests for additional information imported as an assembly with a tire mounted Measurement of Physical Properties. should be directed to Michael P. on the wheel or rim and/or with a valve stem Manufacturer: Cryogenic US, LLC, Tierney, Vice Chief Administrative attached, the tire and/or valve stem is not United Kingdom. Intended Use: The Patent Judge, Patent Trial and Appeal covered by the scope. Board, United States Patent and instrument will be used to study thin Excluded from this scope are the following: films of metal-oxides for advanced Trademark Office, P.O. Box 1450, (1) Steel wheels for use with tube-type tires; such tires use multi piece rims, which oxide-based electronic devices, Alexandria, VA 22313–1450; by are two-piece and three-piece assemblies and magnetic and electrical properties of telephone at 571–272–4676; or by email require the use of an inner tube; oxide materials and devices at low to Michael.Tierney@uspto.gov with (2) aluminum wheels; temperatures and/or high magnetic ‘‘0651–0069 comment’’ in the subject (3) certain on-the-road steel wheels that are fields. Angle dependent magnetoelectric line. Additional information about this coated entirely with chrome; and properties of the devices will be collection is also available at http:// daltland on DSKBBV9HB2PROD with NOTICES (4) steel wheels that do not meet Standard explored on multiple axes. The www.reginfo.gov under ‘‘Information 110 or 120 of the NHTSA’s requirements Collection Review.’’ investigations done with this instrument other than the rim marking requirements found in 49 CFR 571.110S4.4.2 and will lead to advancement of SUPPLEMENTARY INFORMATION: 571.120S5.2. understanding of the properties of metal-oxide thin films and their I. Abstract Certain on-the-road steel wheels subject to this investigation are properly classifiable interfaces for new generation of oxide- The Leahy-Smith America Invents under the following category of the based microelectronic devices. Act, which was enacted into law on VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\05SEN1.SGM 05SEN1


Document Created: 2018-09-05 01:58:59
Document Modified: 2018-09-05 01:58:59
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 28, 2018.
ContactKeith Haynes at (202) 482-5139 or Emily Halle at (202) 482-0176, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 45100 
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