83_FR_54778 83 FR 54568 - Certain Steel Wheels From the People's Republic of China: Preliminary Determination of Sales at Less-Than-Fair-Value

83 FR 54568 - Certain Steel Wheels From the People's Republic of China: Preliminary Determination of Sales at Less-Than-Fair-Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 210 (October 30, 2018)

Page Range54568-54570
FR Document2018-23661

The Department of Commerce (Commerce) preliminarily determines that steel wheels from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less-than- fair-value (LTFV) for the period of investigation (POI) July 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 210 (Tuesday, October 30, 2018)
[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Notices]
[Pages 54568-54570]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23661]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-082]


Certain Steel Wheels From the People's Republic of China: 
Preliminary Determination of Sales at Less-Than-Fair-Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that steel wheels from the People's Republic of China (China) are 
being, or are likely to be, sold in the United States at less-than-
fair-value (LTFV) for the period of investigation (POI) July 1, 2017, 
through December 31, 2017. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable October 30, 2018.

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

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on April 24, 
2018.\1\ On August 20, 2018, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
October 23, 2018.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty

[[Page 54569]]

Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and it is available to 
all parties in the Central Records Unit, room B8024 of the main 
building of Commerce. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Steel Wheels from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, 83 FR 17798 
(April 24, 2018) (Initiation Notice).
    \2\ See Steel Wheels from the People's Republic of China: 
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 83 FR 42110 (August 20, 2018).
    \3\ See Memorandum re: Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Certain 
Steel Wheels from the People's Republic of China, dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are steel wheels from 
China. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Commerce is not modifying the scope language as it 
appeared in the Initiation Notice. See the scope in Appendix I.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, 
we have preliminarily relied upon facts otherwise available, with 
adverse inferences, for the China-wide entity because it did not 
respond to our requests for information. Specifically, two mandatory 
respondents withdrew their participation, and no other companies have 
demonstrated their eligibility for a separate rate; thus, all companies 
are preliminarily found to be part of the China-wide entity. 
Furthermore, we find that the China-wide entity's lack of 
participation, including the failure of certain parts of the China-wide 
entity to respond to Commerce's questionnaires, constitute 
circumstances under which it is reasonable to conclude that the China-
wide entity as a whole failed to cooperate to the best of its ability 
to comply with Commerce's requests for information. For a full 
description of the methodology underlying Commerce's preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
             Producer                    Exporter        average dumping
                                                              margin
                                                            (percent)
------------------------------------------------------------------------
China-Wide Entity................  China-Wide Entity...          231.70
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register, 
as discussed below. Further, pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the amount by which normal value exceeds U.S. price, 
adjusted, as appropriate, for export subsidies, as indicated in the 
chart above.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion CVD 
proceeding when CVD provisional measures are in effect. Accordingly, 
where Commerce has made a preliminary affirmative determination for 
domestic subsidy pass-through or export subsidies, Commerce has offset 
the calculated estimated weighted-average dumping margin by the 
appropriate rate(s). As discussed in the Preliminary Decision 
Memorandum, we have made no adjustment for domestic subsidy pass-
through. As further explained in the Preliminary Decision Memorandum, 
as an extension of our AFA finding for the China-wide entity, the 
appropriate export subsidy adjustment is the lowest amount of export 
subsidies found for any respondent in the companion CVD investigation, 
which is zero.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, because Commerce 
preliminarily applied total AFA to companies in this investigation in 
accordance with section 776 of the Act, and the applied AFA rate is 
based solely on the petition, there are no calculations to disclose.

Verification

    Because the mandatory respondents withdrew their participation, 
Commerce preliminarily determines each of the mandatory respondents to 
have been uncooperative, and verification of Sunrise and Jingu will not 
be conducted.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 45 
days after the date of publication of the preliminary determination, 
unless the Secretary alters the time limit. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\6\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).

---------------------------------------------------------------------------

[[Page 54570]]

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm the date, time, and 
location of the hearing two days before the scheduled date.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. However, on August 15, 2018, 
pursuant to section 735(a)(2) of the Act, Sunrise requested that 
Commerce postpone the final determination and extend provisional 
measures from four months to six months.\7\ In accordance with 19 CFR 
351.210(e)(2), we are still considering this request. Should we 
determine to postpone the final determination and extend provisional 
measures, we will publish a notification in the Federal Register.\8\
---------------------------------------------------------------------------

    \7\ See Sunrise's August 15, 2018 Request to Postpone Final 
Determination.
    \8\ See 19 CFR 351.210(g).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 23, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise subject to the investigation is certain on-the-
road steel wheels, discs, and rims for tubeless tires, with a 
nominal rim diameter of 22.5 inches and 24.5 inches, regardless of 
width. Certain on-the-road steel wheels with a nominal wheel 
diameter of 22.5 inches and 24.5 inches are generally for Class 6, 
7, and 8 commercial vehicles (as classified by the Federal Highway 
Administration Gross Vehicle Weight Rating system), including 
tractors, semi-trailers, dump trucks, garbage trucks, concrete 
mixers, and buses, and are the current standard wheel diameters for 
such applications. The standard widths of certain on-the-road steel 
wheels are 7.5 inches, 8.25 inches, and 9.0 inches, but all certain 
on-the-road steel wheels, regardless of width, are covered by the 
scope. While 22.5 inches and 24.5 inches are standard wheel sizes 
used by Class 6, 7, and 8 commercial vehicles, the scope covers 
sizes that may be adopted in the future for Class 6, 7, and 8 
commercial vehicles.
    The scope includes certain on-the-road steel wheels with either 
a ``hub-piloted'' or ``stud-piloted'' mounting configuration, and 
includes rims and discs for such wheels, whether imported as an 
assembly or separately. The scope includes certain on-the-road steel 
wheels, discs, and rims, of carbon and/or alloy steel composition, 
whether cladded or not cladded, whether finished or not finished, 
and whether coated or uncoated. All on-the-road wheels sold in the 
United States are subject to the requirements of the National 
Highway Traffic Safety Administration and bear markings, such as the 
``DOT'' symbol, indicating compliance with applicable motor vehicle 
standards. See 49 CFR 571.120. The scope includes certain on-the-
road steel wheels imported with or without the required markings. 
Certain on-the-road steel wheels imported as an assembly with a tire 
mounted on the wheel and/or with a valve stem attached are included. 
However, if the certain on-the-road steel wheel is imported as an 
assembly with a tire mounted on the wheel and/or with a valve stem 
attached, the certain on-the-road steel wheel is covered by the 
scope, but the tire and/or valve stem is not covered by the scope.
    Excluded from the scope are:
    (1) Steel wheels for tube-type tires that require a removable 
side ring;
    (2) aluminum wheels;
    (3) wheels where steel represents less than fifty percent of the 
product by weight; and
    (4) steel wheels that do not meet National Highway Traffic 
Safety Administration requirements, other than the rim marking 
requirements found in 49 CFR 571.120S5.2.
    Imports of the subject merchandise are currently classified 
under the following Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 8708.70.4530, 8708.70.4560, 8708.70.6030, 
8708.70.6060, 8716.90.5045, and 8716.90.5059. Merchandise meeting 
the scope description may also enter under the following HTSUS 
subheadings: 4011.20.1015, 4011.20.5020, and 8708.99.4850. While 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the subject merchandise is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Of the Investigation
V. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Separate Rate Status
    C. The China-wide Entity
    D. Application of Facts Available and Adverse Inferences
VI. Adjustments Under Section 777(A)(F) of the Act
VII. Adjustments Under Section 772(C) of the Act
VIII. Conclusion

[FR Doc. 2018-23661 Filed 10-29-18; 8:45 am]
BILLING CODE 3510-DS-P



                                               54568                                 Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices

                                                                                              Subsidy rate   instruct CBP to assess countervailing                    DEPARTMENT OF COMMERCE
                                                       Producer/exporter                      (percent ad    duties on those enjoined entries
                                                                                                valorem)     pending resolution of the associated                     International Trade Administration
                                               Jiangsu High Hope Int’l                                       litigation.                                              [A–570–082]
                                                  Group ................................               10.64    Commerce intends to instruct CBP to
                                               Jiawei Solarchina Co., Ltd. ...                         10.64 collect cash deposits of estimated                       Certain Steel Wheels From the
                                               Jiawei Solarchina                                             countervailing duties, in the amounts                    People’s Republic of China:
                                                  (Shenzhen) Co., Ltd. .........                       10.64                                                          Preliminary Determination of Sales at
                                               JingAo Solar Co., Ltd. ..........                       10.64
                                                                                                             shown above for the companies listed
                                                                                                                                                                      Less-Than-Fair-Value
                                               Jinko Solar Co., Ltd. .............                     10.64 above, on shipments of subject
                                               Jinko Solar Import and Ex-                                    merchandise entered, or withdrawn                        AGENCY:   Enforcement and Compliance,
                                                  port Co., Ltd. .....................                 10.64 from warehouse, for consumption on or                    International Trade Administration,
                                               Jinko Solar International Lim-                                after July 23, 2018, which is the date of                Department of Commerce.
                                                  ited ....................................            10.64 publication of the Final Results. For all                SUMMARY: The Department of Commerce
                                               Jinko Solar (U.S.) Inc. ..........                      10.64                                                          (Commerce) preliminarily determines
                                               Lightway Green New Energy                                     non-reviewed firms, we will instruct
                                                                                                                                                                      that steel wheels from the People’s
                                                  Co., Ltd. ............................               10.64 CBP to collect cash deposits at the most
                                                                                                             recent company-specific or all-others                    Republic of China (China) are being, or
                                               Lixian Yingli New Energy Re-
                                                  sources Co., Ltd. ...............                    10.64 rate applicable to the company, as                       are likely to be, sold in the United States
                                               Luoyang Suntech Power Co.,                                                                                             at less-than-fair-value (LTFV) for the
                                                                                                             appropriate. These cash deposit
                                                  Ltd. ....................................            10.64 requirements, when imposed, shall                        period of investigation (POI) July 1,
                                               Ningbo Qixin Solar Electrical                                                                                          2017, through December 31, 2017.
                                                  Appliance Co., Ltd. ...........                      10.64 remain in effect until further notice.                   Interested parties are invited to
                                               Risen Energy Co., Ltd. .........                        10.64    Administrative Protective Order                       comment on this preliminary
                                               Shanghai JA Solar Tech-                                                                                                determination.
                                                  nology Co., Ltd. .................                   10.64   This notice also serves as a reminder
                                               Shenzhen Glory Industries                                                                                              DATES: Applicable October 30, 2018.
                                                                                                             to parties that are subject to                           FOR FURTHER INFORMATION CONTACT:
                                                  Co., Ltd. ............................               10.64
                                               Shenzhen Topray Solar Co.,                                    administrative protective order (APO) of                 Lingjun Wang, AD/CVD Operations,
                                                  Ltd. ....................................            10.64 their responsibility concerning the                      Office VII, Enforcement and
                                               Sumec Hardware & Tools                                        return or destruction of proprietary                     Compliance, International Trade
                                                  Co. Ltd. .............................               10.64 information disclosed under APO in                       Administration, U.S. Department of
                                               Systemes Versilis, Inc. .........                       10.64 accordance with 19 CFR 351.305(a)(3),
                                               Taizhou BD Trade Co., Ltd.                              10.64                                                          Commerce, 1401 Constitution Avenue
                                               tenKsolar (Shanghai) Co.,
                                                                                                             which continues to govern business                       NW, Washington, DC 20230; telephone:
                                                  Ltd. ....................................            10.64 proprietary information in this segment                  (202) 482–2316.
                                               Tianjin Yingli New Energy                                     of the proceeding. Timely written                        SUPPLEMENTARY INFORMATION:
                                                  Resources Co., Ltd. ..........                       10.64 notification of the return/destruction of
                                               Toenergy Technology                                           APO materials, or conversion to judicial                 Background
                                                  Hangzhou Co., Ltd. ...........                       10.64 protective order, is hereby requested.                      This preliminary determination is
                                               Wuxi Suntech Power Co.,                                                                                                made in accordance with section 733(b)
                                                  Ltd. ....................................            10.64
                                                                                                             Failure to comply with the regulations
                                                                                                             and the terms of an APO is a                             of the Tariff Act of 1930, as amended
                                               Yingli Energy (China) Co.,
                                                  Ltd. ....................................            10.64 sanctionable violation.
                                                                                                                                                                      (the Act). Commerce published the
                                               Zhejiang Era Solar Tech-                                                                                               notice of initiation of this investigation
                                                  nology Co., Ltd. .................                   10.64    Disclosure                                            on April 24, 2018.1 On August 20, 2018,
                                               Zhejiang Jinko Solar Co.,                                                                                              Commerce postponed the preliminary
                                                  Ltd. ....................................            10.64      We intend to disclose the calculations              determination of this investigation and
                                               Zhejiang Sunflower Light En-                                     performed for these amended final                     the revised deadline is now October 23,
                                                  ergy Science & Tech-                                          results to interested parties within five             2018.2 For a complete description of the
                                                  nology Limited Liability                                      business days of the date of publication              events that followed the initiation of
                                                  Company ...........................                  10.64    of this notice in accordance with 19 CFR              this investigation, see the Preliminary
                                                                                                                351.224(b).                                           Decision Memorandum.3 A list of topics
                                               Assessment Rates/Cash Deposits                                                                                         included in the Preliminary Decision
                                                                                                                  We are issuing and publishing these
                                                 Normally, Commerce would issue                                 results in accordance with section                    Memorandum is included as Appendix
                                               appropriate assessment instructions to                           751(h) and 777(i)(1) of the Act, and 19               II to this notice. The Preliminary
                                               U.S. Customs and Border Protection                               CFR 351.224(e).                                       Decision Memorandum is a public
                                               (CBP) 15 days after the date of                                                                                        document and is on file electronically
                                               publication of these amended final                                 Dated: October 25, 2018.                            via Enforcement and Compliance’s
                                               results of review, to liquidate shipments                        Gary Taverman,                                        Antidumping and Countervailing Duty
                                               of subject merchandise produced and/or                           Deputy Assistant Secretary for Antidumping
                                               exported by the companies listed above                           and Countervailing Duty Operations                       1 See Certain Steel Wheels from the People’s

                                               entered, or withdrawn from warehouse,                            performing the non-exclusive functions and            Republic of China: Initiation of Less-Than-Fair-
                                               for consumption on or after January 1,                           duties of the Assistant Secretary for                 Value Investigation, 83 FR 17798 (April 24, 2018)
                                                                                                                                                                      (Initiation Notice).
                                               2015, through December 31, 2015.                                 Enforcement and Compliance.                              2 See Steel Wheels from the People’s Republic of
khammond on DSK30JT082PROD with NOTICES




                                               However, on August 31, 2018, and on                              [FR Doc. 2018–23667 Filed 10–29–18; 8:45 am]          China: Postponement of Preliminary Determination
                                               September 20 and 24, 2018, the CIT                               BILLING CODE 3510–DS–P                                in the Less-Than-Fair-Value Investigation, 83 FR
                                               enjoined liquidation of certain entries                                                                                42110 (August 20, 2018).
                                                                                                                                                                         3 See Memorandum re: Decision Memorandum
                                               that are subject to the Final Results.9
                                                                                                                                                                      for the Preliminary Determination in the Less-Than-
                                               Accordingly, Commerce will not                                                                                         Fair-Value Investigation of Certain Steel Wheels
                                                                                                                                                                      from the People’s Republic of China, dated
                                                 9 The CIT issued the statutory injunctions in case                                                                   concurrently with, and hereby adopted by, this
                                               numbers 18–00184, 18–00185, and 18–00186.                                                                              notice (Preliminary Decision Memorandum).



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                                                                                   Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices                                                                              54569

                                               Centralized Electronic Service System                                Notice set aside a period of time for                                 eligibility for a separate rate; thus, all
                                               (ACCESS). ACCESS is available to                                     parties to raise issues regarding product                             companies are preliminarily found to be
                                               registered users at https://                                         coverage (i.e., scope).5 No interested                                part of the China-wide entity.
                                               access.trade.gov, and it is available to                             party commented on the scope of the                                   Furthermore, we find that the China-
                                               all parties in the Central Records Unit,                             investigation as it appeared in the                                   wide entity’s lack of participation,
                                               room B8024 of the main building of                                   Initiation Notice. Commerce is not                                    including the failure of certain parts of
                                               Commerce. In addition, a complete                                    modifying the scope language as it                                    the China-wide entity to respond to
                                               version of the Preliminary Decision                                  appeared in the Initiation Notice. See                                Commerce’s questionnaires, constitute
                                               Memorandum can be accessed directly                                  the scope in Appendix I.                                              circumstances under which it is
                                               at http://enforcement.trade.gov/frn/.
                                                                                                                    Methodology                                                           reasonable to conclude that the China-
                                               The signed and the electronic versions
                                                                                                                                                                                          wide entity as a whole failed to
                                               of the Preliminary Decision
                                                                                                                      Commerce is conducting this                                         cooperate to the best of its ability to
                                               Memorandum are identical in content.
                                                                                                                    investigation in accordance with section                              comply with Commerce’s requests for
                                               Scope of the Investigation                                           731 of the Act. Pursuant to section                                   information. For a full description of the
                                                 The products covered by this                                       776(a) and (b) of the Act, we have                                    methodology underlying Commerce’s
                                               investigation are steel wheels from                                  preliminarily relied upon facts                                       preliminary determination, see the
                                               China. For a complete description of the                             otherwise available, with adverse                                     Preliminary Decision Memorandum.
                                               scope of this investigation, see                                     inferences, for the China-wide entity
                                               Appendix I.                                                          because it did not respond to our                                     Preliminary Determination
                                                                                                                    requests for information. Specifically,
                                               Scope Comments                                                                                                                               Commerce preliminarily determines
                                                                                                                    two mandatory respondents withdrew
                                                                                                                    their participation, and no other                                     that the following estimated weighted-
                                                 In accordance with the preamble to
                                               Commerce’s regulations,4 the Initiation                              companies have demonstrated their                                     average dumping margins exist:

                                                                                                                                                                                                                                       Estimated
                                                                                                                                                                                                                                       weighted-
                                                                                                                                                                                                                                        average
                                                                                     Producer                                                                                    Exporter                                              dumping
                                                                                                                                                                                                                                        margin
                                                                                                                                                                                                                                       (percent)

                                               China-Wide Entity .......................................................................   China-Wide Entity .......................................................................    231.70



                                               Suspension of Liquidation                                            average dumping margin by the                                         is based solely on the petition, there are
                                                 In accordance with section 733(d)(2)                               appropriate rate(s). As discussed in the                              no calculations to disclose.
                                               of the Act, Commerce will direct U.S.                                Preliminary Decision Memorandum, we
                                                                                                                                                                                          Verification
                                               Customs and Border Protection (CBP) to                               have made no adjustment for domestic
                                               suspend liquidation of subject                                       subsidy pass-through. As further                                        Because the mandatory respondents
                                               merchandise as described in the scope                                explained in the Preliminary Decision                                 withdrew their participation, Commerce
                                               of the investigation section entered, or                             Memorandum, as an extension of our                                    preliminarily determines each of the
                                               withdrawn from warehouse, for                                        AFA finding for the China-wide entity,                                mandatory respondents to have been
                                               consumption on or after the date of                                  the appropriate export subsidy                                        uncooperative, and verification of
                                               publication of this notice in the Federal                            adjustment is the lowest amount of                                    Sunrise and Jingu will not be
                                               Register, as discussed below. Further,                               export subsidies found for any                                        conducted.
                                               pursuant to section 733(d)(1)(B) of the                              respondent in the companion CVD
                                               Act and 19 CFR 351.205(d), Commerce                                  investigation, which is zero.                                         Public Comment
                                               will instruct CBP to require a cash                                    These suspension of liquidation
                                               deposit equal to the amount by which                                                                                                          Case briefs or other written comments
                                                                                                                    instructions will remain in effect until                              may be submitted to the Assistant
                                               normal value exceeds U.S. price,                                     further notice.
                                               adjusted, as appropriate, for export                                                                                                       Secretary for Enforcement and
                                               subsidies, as indicated in the chart                                 Disclosure                                                            Compliance no later than 45 days after
                                               above.                                                                                                                                     the date of publication of the
                                                 To determine the cash deposit rate,                                  Normally, Commerce discloses to                                     preliminary determination, unless the
                                               Commerce normally adjusts the                                        interested parties the calculations                                   Secretary alters the time limit. Rebuttal
                                               estimated weighted-average dumping                                   performed in connection with a                                        briefs, limited to issues raised in case
                                               margin by the amount of domestic                                     preliminary determination within five                                 briefs, may be submitted no later than
                                               subsidy pass-through and export                                      days of its public announcement or, if                                five days after the deadline date for case
                                               subsidies determined in a companion                                  there is no public announcement,                                      briefs.6 Pursuant to 19 CFR
                                               CVD proceeding when CVD provisional                                  within five days of the date of                                       351.309(c)(2) and (d)(2), parties who
                                               measures are in effect. Accordingly,                                 publication of this notice in accordance                              submit case briefs or rebuttal briefs in
khammond on DSK30JT082PROD with NOTICES




                                               where Commerce has made a                                            with 19 CFR 351.224(b). However,                                      this investigation are encouraged to
                                               preliminary affirmative determination                                because Commerce preliminarily                                        submit with each argument: (1) A
                                               for domestic subsidy pass-through or                                 applied total AFA to companies in this                                statement of the issue; (2) a brief
                                               export subsidies, Commerce has offset                                investigation in accordance with section                              summary of the argument; and (3) a
                                               the calculated estimated weighted-                                   776 of the Act, and the applied AFA rate                              table of authorities.
                                                 4 See Antidumping Duties; Countervailing Duties,                      5 See   Initiation Notice.                                            6 See 19 CFR 351.309; see also 19 CFR 351.303

                                               Final Rule, 62 FR 27296, 27323 (May 19, 1997).                                                                                             (for general filing requirements).



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                                               54570                        Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices

                                                  Pursuant to 19 CFR 351.310(c),                         Dated: October 23, 2018.                            Harmonized Tariff Schedule of the United
                                               interested parties who wish to request a                Gary Taverman,                                        States (HTSUS) subheadings: 8708.70.4530,
                                               hearing, limited to issues raised in the                Deputy Assistant Secretary for Antidumping            8708.70.4560, 8708.70.6030, 8708.70.6060,
                                                                                                                                                             8716.90.5045, and 8716.90.5059.
                                               case and rebuttal briefs, must submit a                 and Countervailing Duty Operations,
                                                                                                       performing the non-exclusive functions and            Merchandise meeting the scope description
                                               written request to the Assistant                                                                              may also enter under the following HTSUS
                                               Secretary for Enforcement and                           duties of the Assistant Secretary for
                                                                                                       Enforcement and Compliance.                           subheadings: 4011.20.1015, 4011.20.5020,
                                               Compliance, U.S. Department of                                                                                and 8708.99.4850. While HTSUS
                                               Commerce, within 30 days after the date                 Appendix I                                            subheadings are provided for convenience
                                               of publication of this notice. Requests                                                                       and customs purposes, the written
                                                                                                       Scope of the Investigation                            description of the subject merchandise is
                                               should contain the party’s name,
                                               address, and telephone number, the                         The merchandise subject to the                     dispositive.
                                                                                                       investigation is certain on-the-road steel
                                               number of participants, whether any                     wheels, discs, and rims for tubeless tires,           Appendix II
                                               participant is a foreign national, and a                with a nominal rim diameter of 22.5 inches            List of Topics Discussed in the Preliminary
                                               list of the issues to be discussed. If a                and 24.5 inches, regardless of width. Certain         Decision Memorandum
                                               request for a hearing is made, Commerce                 on-the-road steel wheels with a nominal
                                               intends to hold the hearing at the U.S.                 wheel diameter of 22.5 inches and 24.5                I. Summary
                                                                                                       inches are generally for Class 6, 7, and 8            II. Background
                                               Department of Commerce, 1401                                                                                  III. Period of Investigation
                                               Constitution Avenue NW, Washington,                     commercial vehicles (as classified by the
                                                                                                       Federal Highway Administration Gross                  IV. Scope Of the Investigation
                                               DC 20230, at a time and date to be                                                                            V. Discussion of the Methodology
                                                                                                       Vehicle Weight Rating system), including
                                               determined. Parties should confirm the                  tractors, semi-trailers, dump trucks, garbage            A. Non-Market Economy Country
                                               date, time, and location of the hearing                 trucks, concrete mixers, and buses, and are              B. Separate Rate Status
                                               two days before the scheduled date.                     the current standard wheel diameters for                 C. The China-wide Entity
                                                                                                       such applications. The standard widths of                D. Application of Facts Available and
                                               Final Determination                                     certain on-the-road steel wheels are 7.5                    Adverse Inferences
                                                                                                       inches, 8.25 inches, and 9.0 inches, but all          VI. Adjustments Under Section 777(A)(F) of
                                                  Section 735(a)(1) of the Act and 19                  certain on-the-road steel wheels, regardless of             the Act
                                               CFR 351.210(b)(1) provide that                          width, are covered by the scope. While 22.5           VII. Adjustments Under Section 772(C) of the
                                               Commerce will issue the final                           inches and 24.5 inches are standard wheel                   Act
                                               determination within 75 days after the                  sizes used by Class 6, 7, and 8 commercial            VIII. Conclusion
                                               date of its preliminary determination.                  vehicles, the scope covers sizes that may be          [FR Doc. 2018–23661 Filed 10–29–18; 8:45 am]
                                               However, on August 15, 2018, pursuant                   adopted in the future for Class 6, 7, and 8           BILLING CODE 3510–DS–P
                                               to section 735(a)(2) of the Act, Sunrise                commercial vehicles.
                                               requested that Commerce postpone the                       The scope includes certain on-the-road
                                                                                                       steel wheels with either a ‘‘hub-piloted’’ or
                                               final determination and extend                                                                                DEPARTMENT OF COMMERCE
                                                                                                       ‘‘stud-piloted’’ mounting configuration, and
                                               provisional measures from four months                   includes rims and discs for such wheels,
                                               to six months.7 In accordance with 19                                                                         National Oceanic and Atmospheric
                                                                                                       whether imported as an assembly or
                                               CFR 351.210(e)(2), we are still                         separately. The scope includes certain on-            Administration
                                               considering this request. Should we                     the-road steel wheels, discs, and rims, of            RIN 0648–XG371
                                               determine to postpone the final                         carbon and/or alloy steel composition,
                                               determination and extend provisional                    whether cladded or not cladded, whether               Marine Mammals; File No. 22095
                                               measures, we will publish a notification                finished or not finished, and whether coated
                                                                                                       or uncoated. All on-the-road wheels sold in           AGENCY:  National Marine Fisheries
                                               in the Federal Register.8                               the United States are subject to the                  Service (NMFS), National Oceanic and
                                               International Trade Commission                          requirements of the National Highway Traffic          Atmospheric Administration (NOAA),
                                               Notification                                            Safety Administration and bear markings,              Commerce.
                                                                                                       such as the ‘‘DOT’’ symbol, indicating
                                                                                                                                                             ACTION: Notice; receipt of application.
                                                  In accordance with section 733(f) of                 compliance with applicable motor vehicle
                                               the Act, Commerce will notify the                       standards. See 49 CFR 571.120. The scope              SUMMARY:    Notice is hereby given that
                                                                                                       includes certain on-the-road steel wheels
                                               International Trade Commission (ITC) of                                                                       SeaWorld, LLC., 9205 Southpark Center
                                                                                                       imported with or without the required
                                               its preliminary determination of sales at               markings. Certain on-the-road steel wheels            Loop, Suite 400, Orlando, FL 32819
                                               LTFV. If the final determination is                     imported as an assembly with a tire mounted           (Responsible Party: Christopher Dold,
                                               affirmative, the ITC will determine                     on the wheel and/or with a valve stem                 DVM), has applied in due form for a
                                               before the later of 120 days after the date             attached are included. However, if the certain        scientific research and enhancement
                                               of this preliminary determination or 45                 on-the-road steel wheel is imported as an             permit for one non-releasable beluga
                                               days after the final determination                      assembly with a tire mounted on the wheel             whale (Delphinapterus leucas) from the
                                               whether imports of the subject                          and/or with a valve stem attached, the certain        Cook Inlet distinct population segment
                                                                                                       on-the-road steel wheel is covered by the             (DPS).
                                               merchandise are materially injuring, or                 scope, but the tire and/or valve stem is not
                                               threaten material injury to, the U.S.                   covered by the scope.                                 DATES: Written, telefaxed, or email
                                               industry.                                                  Excluded from the scope are:                       comments must be received on or before
                                                                                                          (1) Steel wheels for tube-type tires that          November 29, 2018.
                                               Notification to Interested Parties                      require a removable side ring;                        ADDRESSES: The application and related
                                                                                                          (2) aluminum wheels;                               documents are available for review by
khammond on DSK30JT082PROD with NOTICES




                                                 This determination is issued and
                                                                                                          (3) wheels where steel represents less than        selecting ‘‘Records Open for Public
                                               published in accordance with sections                   fifty percent of the product by weight; and
                                               733(f) and 777(i)(1) of the Act and 19                                                                        Comment’’ from the ‘‘Features’’ box on
                                                                                                          (4) steel wheels that do not meet National
                                               CFR 351.205(c).                                         Highway Traffic Safety Administration                 the Applications and Permits for
                                                                                                       requirements, other than the rim marking              Protected Species (APPS) home page,
                                                 7 See Sunrise’s August 15, 2018 Request to            requirements found in 49 CFR 571.120S5.2.             https://apps.nmfs.noaa.gov, and then
                                               Postpone Final Determination.                              Imports of the subject merchandise are             selecting File No. 22095 from the list of
                                                 8 See 19 CFR 351.210(g).                              currently classified under the following              available applications.


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Document Created: 2018-10-30 00:43:29
Document Modified: 2018-10-30 00:43:29
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 October 30, 2018.
ContactLingjun Wang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2316.
FR Citation83 FR 54568 

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