Notice2021-24706
Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2019
Primary source
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Published
November 12, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain producers/exporters of certain steel wheels 12 to 16.5 inches in diameter (steel wheels) from the People's Republic of China (China) received countervailable subsidies during the period of review (POR) February 25, 2019, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62788-62790]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24706]
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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: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
producers/exporters of certain steel wheels 12 to 16.5 inches in
diameter (steel wheels) from the People's Republic of China (China)
received
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countervailable subsidies during the period of review (POR) February
25, 2019, through December 31, 2019.
DATES: Applicable November 12, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5449.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on July
9, 2021, and invited comments from interested parties.\1\ For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\2\
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\1\ See Certain Steel Wheels (12-16.5 Inches Diameter) from the
People's Republic of China: Preliminary Results of Countervailing
Duty Administrative Review, Rescission in Part, and Intent To
Rescind in Part; 2019, 86 FR 36250 (July 9, 2021) (Preliminary
Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019 Administrative Review of the
Countervailing Duty Order on Certain Steel Wheels (12-16.5 inches
diameter) from the People's Republic of China,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order \3\
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\3\ See Certain Steel Trailer Wheels 12 to 16.5 Inches from the
People's Republic of China: Antidumping Duty and Countervailing Duty
Orders, 84 FR 45952 (September 3, 2019) (Order).
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The products covered by the Order are 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. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.\4\
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\4\ See Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the interested parties' briefs are addressed
in the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which Commerce responded in the Issues and
Decision Memorandum is provided in the Appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
After evaluating the comments received from interested parties and
record information, we have made no changes to the net subsidy rates
assigned to the mandatory respondents. For a discussion of these
comments, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For purposes of these final results, Commerce is relying solely on
facts otherwise available, including adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act because the selected
mandatory respondents did not participate in this administrative
review. For a full discussion of our application of AFA, see the
Preliminary Results and the section ``Use of Facts Otherwise Available
and Adverse Inferences'' in the accompanying Preliminary Decision
Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Steel Wheels (12-16.5 inches diameter) from the
People's Republic of China,'' dated July 1, 2021 (Preliminary
Decision Memorandum).
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Rescission of Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\6\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\7\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\8\ We continue to find that Hangzhou Antego Industry Co.
Ltd. did not have reviewable entries of subject merchandise for which
liquidation is suspended. Because there is no evidence on the record of
this segment of the proceeding to indicate that this company had
entries, exports, or sales of subject merchandise to the United States
during the POR, we are rescinding this review with respect to this
company, consistent with 19 CFR 351.213(d)(3).
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\6\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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Final Results of Administrative Review
We determine that, for the period February 25, 2019, through
December 31, 2019, the following net countervailable subsidy rates
exist:
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Net
subsidy
Company rate ad
valorem
(percent)
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Zhejiang Jingu Company Limited and Shanghai Yata Industry 388.31
Company Limited \9\........................................
Xiamen Topu Imports & Export Co., Ltd....................... 388.31
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\9\ In the investigation, we found that Zhejiang Jingu was cross-owned
with An Gang Jingu (Hangzhou) Metal Materials Co., Ltd.; Hangzhou
Jingu New Energy Development Co. Ltd.; Shangdong Jingu Auto Parts Co.,
Ltd.; Zhejiang Jingu Automobile Components; Zhejiang Wheel World Co.,
Ltd.; and Shanghai Yata Industry Company Limited. There is no
information on the record of this administrative review that would
lead Commerce to reconsider that determination, therefore, we continue
to find these companies cross-owned. See Certain Steel Wheels 12 to
16.5 Inches in Diameter from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, and Final Affirmative
Determination of Critical Circumstances, 84 FR 32723 (July 9, 2019).
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results of a review within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because Commerce applied AFA to the three mandatory respondents, in
accordance with section 776 of the Act, there are no calculations to
disclose.
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise covered by this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a
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timely summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
Cash Deposit Rates
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above. For all nonreviewed firms, we will instruct CBP to continue to
collect cash deposits of estimated countervailing duties at the most
recent company-specific or all-others rate applicable to the company,
as appropriate. These cash deposits, when imposed, shall remain in
effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4)
and 19 CFR 351.221(b)(5).
Dated: November 5, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of The Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of the Administrative Review, in Part
V. Changes Since the Preliminary Results
VI. Use of Facts Available and Application of Adverse Inferences
VII. Changes Since the Preliminary Results
VIII. Analysis of Comments
Comment: The ``All-Others'' Rate
IX. Recommendation
[FR Doc. 2021-24706 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P
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