Federal Register - July 9, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 2021, Commerce extended the deadline for the preliminary results of this review by 30 days.8 Accordingly, the deadline for the preliminary results of this review was extended to July 2, 2021.
For events that occurred since the Initiation Notice, see the Preliminary Decision Memorandum.9 A list of topics discussed in the Preliminary Decision Memorandum is included in the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at https
access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/frn/.
Scope of the Order 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 Preliminary Decision Memorandum.
Methodology Commerce is conducting this administrative review in accordance with section 751a1A of the Tariff Act of 1930, as amended the Act. In reaching these preliminary results, Commerce relied on facts otherwise available, with the application of adverse inferences.10 For further information, see Use of Facts Otherwise Available and Application of Adverse Inferences in the accompanying Preliminary Decision Memorandum.
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Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213d1, Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90
days of the date of publication of the notice of initiation. We received a timely withdrawal of the requests for review, for which no other parties 8 See Memorandum, Extension of Deadline for the Preliminary Results of Countervailing Duty Administrative Review; 2019, dated May 27, 2021.
9 See Memorandum, Decision Memorandum for the Preliminary Results of the Administrative Review of the Countervailing Duty Order on Certain Steel Wheels 1216.5 inches diameter from the Peoples Republic of China, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
10 See section 776 of the Act.
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requested a review, for Xingmin Intelligent Transportation Systems Group Xingmin Intelligent.11
Therefore, in accordance with 19 CFR
351.213d1, Commerce is rescinding this review of the Order with respect to this company.
Intent To Rescind Administrative Review, in Part It is Commerces practice to rescind an administrative review of a countervailing duty order, pursuant to 19 CFR 351.213d3, when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.12 Normally, upon completion of an administrative review, the suspended entries are liquidated at the countervailing duty assessment rate calculated for the review period.13 Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the calculated countervailing duty assessment rate calculated for the review period.14
According to the CBP import data, one of the five companies subject to this review, Hangzhou Antego Industry Co.
Ltd, which was not chosen as a mandatory respondent and for which its request for review was not withdrawn, did not have reviewable entries of subject merchandise during the POR for which liquidation is suspended.
Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR by Hangzhou Antego Industry Co. Ltd, we intend to rescind this administrative review, with respect to Hangzhou Antego Industry Co. Ltd, in accordance with 19 CFR 351.213d3.
Use of Facts Otherwise Available and Application of Adverse Inferences Subsequent to the initiation of this administrative review, Commerce issued initial questionnaires to the Government of China GOC dated January 21, 2021, February 16, 2021 and April 22, 2021, with a request for the 11 See TTTs Letter, Withdrawal of Request for Administrative Review of the Countervailing Duty Order on Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People Republic of China, dated January 15, 2021.
12 See, e.g., Lightweight Thermal Paper from the Peoples Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 March 20, 2017; see also Circular Welded Carbon Quality Steel Pipe from the Peoples Republic of China: Rescission of Countervailing Duty Administrative Review; 2017, 84 FR 14650
April 11, 2019.
13 See 19 CFR 351.212b2.
14 See 19 CFR 351.213d3.
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GOC to forward the questionnaires to the respondents.15 The GOC, Shanghai Yata, and Xiamen Topu failed to respond to the questionnaire by the specified deadlines. Therefore, because necessary information is not available on the record and because Shanghai Yata, Xiamen Topu, and the GOC failed to respond to Commerces request for information, we preliminarily find that the use of facts available is warranted, pursuant to sections 776a1 and 776a2A, B and C of the Tariff Act of 1930, as amended the Act.
Moreover, because Shanghai Yata, Xiamen Topu, and the GOC did not cooperate to the best of their ability, pursuant to 776b of the Act, we preliminarily find that use of adverse facts available AFA is warranted to ensure that Shanghai Yata and Xiamen Topu do not obtain a more favorable result by failing to cooperate than if they had fully complied with our requests for information.
In the investigation, we determined that Shanghai Yata was cross-owned with Zhejiang Jingu during the periods of time relevant to the investigation.16
Since the record of this administrative review contains no factual information that would lead Commerce to reconsider this cross-ownership determination, we preliminarily determine that Shanghai Yata remained cross-owned with Zhejiang Jingu during the POR.
Accordingly, Zhejiang Jingu and its cross-owned companies, including Shanghai Yata are subject to the AFA
15 See Commerces Letter, Countervailing Duty Questionnaire, dated January 21, 2021 Initial Questionnaire; see also Commerces Letter, Selection of Replacement Mandatory Respondent, dated February 16, 2021; and Commerces Letter, Selection of Additional Replacement Respondent, dated April 22, 2021. In its letter to the GOC, Commerce established the deadlines of March 2, 2021 for the Section III
response identifying affiliated companies, and of March 25, 2021 for the remainder of Section III and the GOCs responses to the remainder of the Initial Questionnaire.
16 See Certain Steel Wheels 12 to 16.5 Inches in Diameter from the Peoples Republic of China: Final Affirmative Countervailing Duty Determination, and Final Affirmative Determination of Critical Circumstances, 84 FR 32723 July 9, 2019, and accompanying Issues and Decisions Memorandum IDM. During the CVD investigation of certain steel wheels from China, Commerce determined that Zhejiang Jingu and Shanghai Yata were crossowned companies. While the company that requested a review of Zhejiang Jingu withdrew its request for Zhejiang Jingu, Shanghai Yata remained in the administrative review because the company that filed a request for review of Shanghai Yata did not withdraw its request for review. Thus, because Shanghai Yata was still subject to the administrative review, we issued an initial questionnaire to Shanghai Yata. All cross-owned companies of Shanghai Yata were required to file a response to the questionnaire, including Zhejiang Jingu, if the companies remain cross-owned during the POR.
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