2011-12380. Certain Steel Wheels From China

Determinations

On the basis of the record ^[1] developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury by reason of imports from China of certain steel wheels, provided for in subheading 8708.70 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (LTFV) and subsidized by the Government of China.^[2]

Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission's rules, upon notice from the Department of Commerce (Commerce) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations.

Background

On March 30, 2011, a petition was filed with the Commission and Commerce byAccuride Corp. (Evansville, IN) and Hayes Lemmerz International, Inc. (Northville, MI), alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV and subsidized imports of certain steel wheels from China. Accordingly, effective March 30, 2011, the Commission instituted countervailing duty investigation No. 701-TA-478 (Preliminary) and antidumping duty investigation No. 731-TA-1182 (Preliminary).

Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 5, 2011 (76 FR 18781). The conference was held in Washington, DC, on April 20, 2011, and all persons who requested the opportunity were permitted to appear in person or by counsel.

The Commission transmitted its determinations in these investigations to the Secretary of Commerce on May 16, 2011. The views of the Commission are contained in USITC Publication 4233 (May 2011), entitled Certain Steel Wheels from China: Investigation Nos. 701-TA-478 and 731-TA-1182 (Preliminary).

By order of the Commission.

Issued: May 16, 2011.

James R. Holbein,

Acting Secretary to the Commission.

Footnotes

1.  The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).

2.  Commissioner Charlotte R. Lane and Commissioner Dean A. Pinkert determined that there is a reasonable indication that an industry in the United States is materially injured. Vice Chairman Irving A. Williamson and Commissioner Shara L. Aranoff determined that there is a reasonable indication that an industry in the United States is threatened with material injury. Chairman Deanna Tanner Okun and Commissioner Daniel R. Pearson determined that there is no reasonable indication that an industry in the United States is materially injured or threatened with material injury, or that the establishment of an industry in the United States is materially retarded, by reason of imports from China of certain steel wheels that are alleged to be sold in the United States at less than fair value (LTFV) and subsidized by the Government of China.