83 FR 61672 - Steel Wheels From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 231 (November 30, 2018)
Federal Register Volume 83, Issue 231 (November 30, 2018)
| Page Range | 61672-61674 | |
| FR Document | 2018-26011 |
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)] [Notices] [Pages 61672-61674] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26011] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-602 and 731-TA-1412 (Final)] Steel Wheels From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY: United States International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-602 and 731-TA-1412 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of steel wheels from China, provided for in subheadings 8708.70.45, 8708.70.60, and 8716.90.50 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair-value. DATES: October 23, 2018. FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Scope.-- For purposes of these investigations, Commerce has defined the subject merchandise as ``. . .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 [[Page 61673]] Gross Vehicle Weight Rating system), including tractors, semitrailers, 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.'' Background.--The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by the Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of steel wheels, and that such products are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on March 27, 2018, by Accuride Corporation, Evansville, Indiana, and Maxion Wheels Akron LLC, Akron, Ohio. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.-- Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.-- Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.--The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on December 21, 2018, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules. Hearing.--The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Tuesday, January 8, 2019, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before January 3, 2019. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on January 7, 2019, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.--Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is January 2, 2019. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is January 15, 2019. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before January 15, 2019. On January 31, 2019, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before February 4, 2019, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the [[Page 61674]] Commission's website at https://edis.usitc.gov, elaborates upon the Commission's rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: November 26, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-26011 Filed 11-29-18; 8:45 am] BILLING CODE 7020-02-P
![61672 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices
In addition to compliance with NEPA, Approval of the proposed permit Area INTERNATIONAL TRADE
NHPA Section 106, and ESA Section 7, F is expected to require several other COMMISSION
all Federal actions will be in agency actions, including:
[Investigation Nos. 701–TA–602 and 731–
compliance with applicable • Findings and recommendations by TA–1412 (Final)]
requirements of the Surface Mining
BLM with respect to Western Energy’s
Control and Reclamation Act of 1977 Steel Wheels From China; Scheduling
Resource Recovery and Protection Plan
(30 U.S.C. 1021–1328), the Clean Water of the Final Phase of Countervailing
Act (33 U.S.C. 1251–1387), the Clean and other requirements of Western
Energy’s lease. Duty and Antidumping Duty
Air Act (42 U.S.C. 7401–7671q), and Investigations
Executive Orders relating to • Approval by DEQ of Western
environmental justice, tribal Energy’s Montana Air Quality Permit AGENCY: United States International
consultation, and other applicable laws #1570–07 to allow expansion of the Trade Commission.
and regulations. geographic extent of the mine to include ACTION: Notice.
II. Background on the Rosebud Mine the proposed permit Area F; and
SUMMARY: The Commission hereby gives
Coal has been mined at Colstrip, MT • Approval by DEQ of a new MPDES notice of the scheduling of the final
for more than 90 years. The Norther permit. phase of antidumping and
Pacific Railway established the city of IV. Alternatives countervailing duty investigation Nos.
Colstrip and its associated mine in the 701–TA–602 and 731–TA–1412 (Final)
1920s to access coal from the Fort Union Alternatives carried forward in the pursuant to the Tariff Act of 1930 (‘‘the
Formation. Coal mining began in 1924, Final EIS include the No Action Act’’) to determine whether an industry
providing fuel for the railway’s steam Alternative (Alternative 1), the Proposed in the United States is materially
locomotive trains. During the initial 34 Action Alternative (Alternative 2), and injured or threatened with material
years of mining, 44 million tons of coal the Proposed Action Plus Additional injury, or the establishment of an
were mined. By 1958, diesel-powered Environmental Protection Measures industry in the United States is
locomotives replaced steam engines and Alternative (Alternative 3). Several materially retarded, by reason of
mining ceased in the Colstrip area. other alternatives were considered but imports of steel wheels from China,
In 1959, the Montana Power Company provided for in subheadings 8708.70.45,
dismissed from further consideration.
purchased rights to the Rosebud Mine in 8708.70.60, and 8716.90.50 of the
the city of Colstrip with plans to build V. Revisions to the Draft EIS Harmonized Tariff Schedule of the
power generation facilities. The United States, preliminarily determined
Rosebud Mine operation began In accordance with the CEQ’s by the Department of Commerce
production in 1968. In 2001, regulations for implementing NEPA and (‘‘Commerce’’) to be subsidized and sold
Westmoreland purchased the Rosebud the DOI’s NEPA regulations, OSMRE at less-than-fair-value.
Mine; its subsidiary, Western Energy, solicited public comments on the Draft DATES: October 23, 2018.
continues to operate the mine today. EIS. OSMRE responses to comments are
Although the Rosebud Mine has FOR FURTHER INFORMATION CONTACT:
included in Appendix F of the FEIS.
shipped coal by rail as recently as 2010, Jordan Harriman (202–205–2610), Office
The agencies considered comments
all coal currently produced by the mine of Investigations, U.S. International
received from the public on the Draft Trade Commission, 500 E Street SW,
is consumed locally at the Colstrip and EIS and incorporated them, as
Rosebud Power Plants. Washington, DC 20436. Hearing-
appropriate, into the FEIS. The changes impaired persons can obtain
III. Background on the Western Energy between the Draft EIS and Final EIS are information on this matter by contacting
Proposed Permit Area F a result of responding to comments the Commission’s TDD terminal on 202–
Western Energy proposes to conduct received during the public comment 205–1810. Persons with mobility
surface coal mining and reclamation period and generally consist of revisions impairments who will need special
operations within the 6,746-acre to the text to clarify the analysis of assistance in gaining access to the
proposed permit Area F of the Rosebud resource-specific potential impacts Commission should contact the Office
Mine. The project area would be under each alternative. No new analyses of the Secretary at 202–205–2000.
adjacent to the western boundary of were completed and no new or General information concerning the
Area C, 12 miles west of Colstrip. additional data were used to support the Commission may also be obtained by
Western Energy proposes to conduct existing analyses. accessing its internet server (https://
surface coal mining operations on an In addition, the FEIS includes updates www.usitc.gov). The public record for
approximately 2,159-acre portion of the based on evolving regulatory guidance these investigations may be viewed on
project area, with a total disturbance the Commission’s electronic docket
and completion of the NHPA Section
footprint, including soil storage, scoria (EDIS) at https://edis.usitc.gov.
106 and ESA Section 7 consultation
pits, and haul roads, of approximately processes. SUPPLEMENTARY INFORMATION:
4,260 acres. The project area would, in Scope.— For purposes of these
conjunction with the mining of any Authority: 40 CFR 1506.6, 40 CFR 1506.1 investigations, Commerce has defined
reserves remaining within existing Dated: November 16, 2018. the subject merchandise as ‘‘. . .certain
permit areas A, B, and C of the Rosebud David Berry, on-the-road steel wheels, discs, and
Mine, supply low-sulfur coal to the rims for tubeless tires, with a nominal
amozie on DSK3GDR082PROD with NOTICES1
Regional Director, Western Region.
Colstrip Power Plant (Units 3 and 4) at rim diameter of 22.5 inches and 24.5
[FR Doc. 2018–26042 Filed 11–29–18; 8:45 am]
a rate of between 7.7 and 9.95 million inches, regardless of width. Certain on-
tons annually. In addition, coal from the BILLING CODE 4310–05–P the-road steel wheels with a nominal
Rosebud Mine with higher sulfur wheel diameter of 22.5 inches and 24.5
content would be supplied to the inches are generally for Class 6, 7, and
Rosebud Power Plant at a rate of 8 commercial vehicles (as classified by
approximately 300,000 tons annually. the Federal Highway Administration
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![61674 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices
Commission’s website at https:// Washington, DC 20436. Hearing- the remand proceedings, and the
edis.usitc.gov, elaborates upon the impaired persons can obtain Secretary will maintain a separate list of
Commission’s rules with respect to information on this matter by contacting those authorized to receive BPI under
electronic filing. the Commission’s TDD terminal on 202– the administrative protective order
Additional written submissions to the 205–1810. Persons with mobility during the remand proceedings.
Commission, including requests impairments who will need special
Written Submissions.—The
pursuant to section 201.12 of the assistance in gaining access to the
Commission’s rules, shall not be Commission is not reopening the record
Commission should contact the Office
accepted unless good cause is shown for of the Secretary at 202–205–2000. and will not accept the submission of
accepting such submissions, or unless General information concerning the new factual information for the record.
the submission is pursuant to a specific Commission may also be obtained by The Commission will permit the parties
request by a Commissioner or accessing its internet server (https:// to file comments concerning how the
Commission staff. www.usitc.gov). The public record of Commission could best comply with the
In accordance with sections 201.16(c) Investigation Nos. 701–TA–482–484 and Court’s remand instructions.
and 207.3 of the Commission’s rules, 731–TA–1191–1194 (Final) may be The comments must be based solely
each document filed by a party to the viewed on the Commission’s electronic on the information in the Commission’s
investigations must be served on all docket (EDIS) at https://edis.usitc.gov. record. The Commission will reject
other parties to the investigations (as SUPPLEMENTARY INFORMATION: submissions containing additional
identified by either the public or BPI Background.—In March 2017, the factual information or arguments
service list), and a certificate of service Commission determined that an pertaining to issues other than those on
must be timely filed. The Secretary will industry in the United States was not which the Court has remanded this
not accept a document for filing without materially injured or threatened with matter. The deadline for filing
a certificate of service. material injury by reason of imports of comments is December 11, 2018.
Authority: These investigations are being TBTs from China that were sold in the Comments must be limited to no more
conducted under authority of title VII of the United States at less than fair value and than ten (10) double-spaced and single-
Tariff Act of 1930; this notice is published that were subsidized by the Government
pursuant to section 207.21 of the sided pages of textual material.
of China. Truck and Bus Tires from
Commission’s rules.
China, Inv. Nos. 701–TA–556 and 731– Parties are advised to consult the
By order of the Commission. TA–1311 (Final), USITC Pub. 4673 Commission’s Rules of Practice and
Issued: November 26, 2018. (March 2017). Petitioner contested the Procedure, part 201, subparts A through
Lisa Barton, Commission’s determinations before the E (19 CFR part 201), and part 207,
Secretary to the Commission. U.S. Court of International Trade subpart A (19 CFR part 207) for
[FR Doc. 2018–26011 Filed 11–29–18; 8:45 am] (‘‘CIT’’). The CIT sustained certain provisions of general applicability
challenged aspects of the Commission’s concerning written submissions to the
BILLING CODE 7020–02–P
negative determinations, but remanded Commission. All written submissions
for reconsideration of the Commission’s must conform to the provisions of
INTERNATIONAL TRADE analysis of price effects and likely prices section 201.8 of the Commission’s rules;
COMMISSION effects, and of the nature of the any submissions that contain BPI must
countervailable subsidies for purposes also conform with the requirements of
[Investigation Nos. 701–TA–556 and 731– of the threat of material injury analysis.
TA–1311 (Final) (Remand)]
sections 201.6, 207.3, and 207.7 of the
United Steel, Paper and Forestry, Commission’s rules. The Commission’s
Truck and Bus Tires From China Rubber, Mfg., Energy, Allied Indus. and Handbook on E-Filing, available on the
Serv. Workers Int’l Union v. United Commission’s website at https://
AGENCY: United States International States, Slip Op. 18–151 (Ct. Int’l Trade, edis.usitc.gov, elaborates upon the
Trade Commission. Nov. 1, 2018). Commission’s rules with respect to
ACTION: Notice of remand proceedings. Participation in the remand electronic filing.
proceedings.—Only those persons who
SUMMARY: The U.S. International Trade were interested parties that participated Additional written submissions to the
Commission (‘‘Commission’’) hereby in the investigations (i.e., persons listed Commission, including requests
gives notice of the procedures it intends on the Commission Secretary’s service pursuant to section 201.12 of the
to follow to comply with the court- list) and also parties to the appeal may Commission’s rules, will not be
ordered remand of its final participate in the remand proceedings. accepted unless good cause is shown for
determinations in the antidumping and Such persons need not file any accepting such submissions or unless
countervailing duty investigations of additional appearances with the the submission is pursuant to a specific
truck and bus tires (‘‘TBTs’’) from Commission to participate in the request by a Commissioner or
China. For further information remand proceedings, unless they are Commission staff.
concerning the conduct of these remand adding new individuals to the list of
proceedings and rules of general In accordance with sections 201.16(c)
persons entitled to receive business and 207.3 of the Commission’s rules,
application, consult the Commission’s proprietary information (‘‘BPI’’) under
Rules of Practice and Procedure, part each document filed by a party to the
administrative protective order. BPI
201, subparts A through E (19 CFR part investigation must be served on all other
referred to during the remand
amozie on DSK3GDR082PROD with NOTICES1
201), and part 207, subpart A (19 CFR parties to the investigation (as identified
proceedings will be governed, as
part 207). by either the public or BPI service list),
appropriate, by the administrative
DATES: November 26, 2018. and a certificate of service must be
protective order issued in the
FOR FURTHER INFORMATION CONTACT: Nate investigations. The Secretary will timely filed. The Secretary will not
Comly (202–205–3174), Office of maintain a service list containing the accept a document for filing without a
Investigations, U.S. International Trade names and addresses of all persons or certificate of service.
Commission, 500 E Street SW, their representatives who are parties to By order of the Commission.
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Document Created: 2018-11-30 04:35:51
Document Modified: 2018-11-30 04:35:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | October 23, 2018. | |
| Contact | Jordan Harriman (202-205-2610), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. | |
| FR Citation | 83 FR 61672 |
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