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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Notices
countervailing duty CVD orders on certain steel wheels 12 to 16.5 inches in diameter certain steel wheels from the Peoples Republic of China China. In accordance with EAPA, Commerce intends to determine whether the merchandise subject to the referral is covered by the scope of the orders and promptly transmit its determination to CBP. Commerce is providing notice of the referral and inviting participation from interested parties.
DATES: Applicable February 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn or Charles Doss, AD/
CVD Operations Office III, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
202 4825848 or 202 4824474, respectively.
SUPPLEMENTARY INFORMATION:

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Background On February 24, 2016, the Trade Facilitation and Trade Enforcement Act of 2015 was signed into law, which contains Title IV-Prevention of Evasion of Antidumping and Countervailing Duty Orders, commonly referred to as the Enforce and Protect Act of 2015 or EAPA.1 Effective August 22, 2016, section 421 of EAPA added section 517
to the Tariff Act of 1930, as amended the Act, which establishes a formal process for CBP to investigate allegations of the evasion of AD and CVD orders. Section 517b4A of the Act provides a procedure whereby if, during the course of an EAPA
investigation, CBP is unable to determine whether the merchandise at issue is covered merchandise within the meaning of section 517a3 of the Act, it shall refer the matter to Commerce to make such a determination. Section 517a3 of the Act defines covered merchandise as merchandise that is subject to an AD order issued under section 736 of the Act or a CVD order issued under section 706 of the Act.
Section 517b4B of the Act states that Commerce, after receiving a covered merchandise referral from CBP, shall determine whether the merchandise is covered merchandise and promptly transmit its determination to CBP. The Act does not establish a deadline within which Commerce must issue its determination.
On December 17, 2020, Commerce received a covered merchandise referral from CBP regarding CBP EAPA
1 Title IVPrevention of Evasion of Antidumping and Countervailing Duty Orders, Public Law 114
125, 130 Stat. 122, 155 February 24, 2016.

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Investigation No. 7459,2 which concerns the AD and CVD orders on certain steel wheels from China.3 Specifically, CBP
has requested that Commerce issue a determination as to whether certain types of steel trailer wheels produced in Thailand from inputs sourced from China i.e., either the rim or disc component is sourced from China and the corresponding rim or disc component is produced in Thailand, which may or may not involve using inputs sourced from China, as identified in a scope ruling request previously submitted to Commerce by Asia Wheel Co., Ltd.,4 and currently under consideration in ongoing segments of the AD and CVD
proceedings, are subject to the Orders.
Notification to Interested Parties Commerce is hereby notifying interested parties that it has received the covered merchandise referral referenced above. As the covered merchandise referral requests a determination on merchandise identified in a request for a scope ruling previously submitted to Commerce and currently under consideration, we will address the covered merchandise referral and Asia Wheel Co., Ltd.s scope ruling request in the ongoing scope segments of the AD
and CVD proceedings. Based on our determinations in the ongoing scope segments of the AD and CVD
proceedings, we intend to notify CBP as to whether the merchandise subject to the referral is covered merchandise within the meaning of section 517a3
of the Act.
Commerce intends to provide interested parties with the opportunity to participate in these segments of the proceedings, including through the submission of comments, and, if appropriate, new factual information and verification. Specifically, Commerce will notify parties on the 2 See CBPs Letter, Scope Referral Request for Merchandise under EAPA Cons. Investigation 7459, Imported by Lionshead Specialty Tire and Wheel LLC; Tex Trail LLC; and Trailstar LLC., and concerning the Investigation of Evasion of the Antidumping and Countervailing Duty Orders A
570090 and C570091 on Steel Trailer Wheels from the Peoples Republic of China, dated December 17, 2020. Commerce intends to make available this document and any supporting documents on Enforcement and Compliances Antidumping Duty and Countervailing Duty Centralized Electronic Service System ACCESS
within five days of publication of this notice.
3 See Certain Steel Trailer Wheels 12 to 16.5
Inches from the Peoples Republic of China:
Antidumping Duty and Countervailing Duty Orders, 84 FR 45952 September 3, 2019 Orders.
4 See Asia Wheel Co., Ltd.s Letters, Certain Steel Wheels 12 to 16.5 Inches in Diameter from the Peoples Republic of China: Request for Scope Ruling for Asia Wheels Steel Trailer Wheels, dated November 10, 2020.

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segment-specific service list for these segments of the proceedings of a schedule for comments. In addition, Commerce may request factual information from any person to assist in making its determination and may verify submissions of factual information, if Commerce determines that such verification is appropriate.
The current deadline for Commerce to issue final scope rulings under 19 CFR
351.225d or initiate scope inquiries under 19 CFR 351.225e in the ongoing scope segments of the AD and CVD
proceedings is March 22, 2021.
Parties are also hereby notified that this is the only notice that Commerce intends to publish in the Federal Register concerning this covered merchandise referral. Interested parties that wish to participate in these segments of the proceedings, and receive notice of the final determinations, must submit their letters of appearance as discussed below. Further, any party desiring access to business proprietary information in these segments of the proceedings must file an application for access to business proprietary information under administrative protective order APO, as discussed below.
Finally, we note that covered merchandise referrals constitute a new type of segment of a proceeding at Commerce and, therefore, Commerce intends to develop its practice and procedures in this area as it gains more experience.
Scope of the Orders The products covered by the Orders 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. Certain on-the-road steel wheels with a nominal wheel diameter of 12 inches to 16.5
inches within the scope are generally for road and highway trailers and other towable equipment, including, inter alia, utility trailers, cargo trailers, horse trailers, boat trailers, recreational trailers, and towable mobile homes. The standard widths of certain on-the-road steel wheels are 4 inches, 4.5 inches, 5
inches, 5.5 inches, 6 inches, and 6.5
inches, but all certain on-the-road steel wheels, regardless of width, are covered by the scope.
The scope includes rims and discs for certain on-the-road steel wheels, whether imported as an assembly, unassembled, or separately. The scope includes certain on-the-road steel wheels regardless of steel composition, whether cladded or not cladded, whether finished or not finished, and
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