12812 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Notices 

1See Petition for the Imposition of Countervailing 

Duties (Petition). A public version of the Petition 

and all other public documents and public versions 

of business proprietary documents for this 

investigation are available on the public file in the 

Central Records Unit (CRU), Room 7046 of the main 

Department of Commerce building. 

2See Certain Steel Wheels From the People’s 

Republic of China: Initiation of Countervailing Duty 

Investigation, 76 FR 23302 (April 26, 2011) 

(Initiation Notice), and accompanying Initiation 

Checklist. 

3See Certain Steel Wheels From the People’s 

Republic of China: Preliminary Affirmative 

Countervailing Duty Determination and Alignment 

With Final Antidumping Duty Determination, 76 FR 

55012 (September 6, 2011) (Preliminary 

Determination). 

4See Petitioners’ Critical Circumstances 

Allegation (September 1, 2011). 

5The Jingu Companies are Zhejiang Jingu 

Company Limited (Zhejiang Jingu), Chengdu Jingu 

Wheel Co., Ltd. (Chengdu Jingu), Shanghai Yata 

Industrial Co. Ltd. (Shanghai Yata), and Zhejiang 

Wheel World Industrial Co., Ltd. (Wheel World). 

6The Xingmin Companies are Shandong Xingmin 

Wheel Co. Ltd. (Xingmin) and Sino-tex (Longkou) 

Wheel Manufacturers, Inc. (Sino-tex). 

7The Centurion Companies are Jining Centurion 

Wheels Manufacturing Co. Ltd. (Jining Centurion) 

and Jining CII Wheel Manufacture Co., Ltd. (Jining 

CII). 

8See the Xingmin Companies’ third supplemental 

questionnaire response titled ‘‘Steel Wheels from 

China: Third Supplemental Questionnaire 

Response’’ (September 21, 2010) at Exhibit I. 

9See the Department’s January 6, 2012, 

verification report titled ‘‘Verification Report of 

Xingmin Wheel Co. Ltd’’ at 2 (filed on IA ACCESS 

on January 10, 2012). 

10See the Jingu Companies’ third supplemental 

questionnaire response titled ‘‘CVD Investigation of 

Steel Wheels from China: Critical Circumstances 

Shipment Data’’ (filed on IA ACCESS on September 

25, 2011, and dated September 26, 2011) at Exhibit 

I. 

11See the Department’s January 31, 2012, 

verification report titled ‘‘Verification Report 

Regarding Information Submitted by Zhejiang Jingu 

Company Limited’’ at 2 and 5–6. 

12See the Centurion Companies’ third 

supplemental questionnaire response titled ‘‘CVD 

Investigation of Steel Wheels from China: Critical 

Circumstances Shipment Data’’ (dated September 

26, 2010) at Exhibit I. 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

This notice is issued and published in 

accordance with section 777(i)(1) of the 

Tariff Act of 1930, as amended, and 19 

CFR 351.213(d)(4). 

Dated: February 17, 2012. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2012–4872 Filed 3–1–12; 8:45 am] 

BILLING CODE 3510–DS–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–974] 

Steel Wheels From the People’s 

Republic of China: Notice of 

Preliminary Affirmative Determination 

of Critical Circumstances 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has preliminarily 

determined that critical circumstances 

exist with respect to imports of steel 

wheels from the People’s Republic of 

China (PRC). 

DATES: Effective Date: March 2, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Robert Copyak or Eric Greynolds, AD/ 

CVD Operations, Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, Room 4014, 14th Street and 

Constitution Avenue NW., Washington, 

DC 20230; telephone: 202–482–2209 

and 202–482–6071, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

On March 30, 2011, the Department 

received a countervailing duty (CVD) 

petition concerning imports of steel 

wheels from the PRC filed in proper 

form by Accuride Corporation 

(Accuride) and Hayes Lemmerz 

International, Inc. (collectively, 

petitioners).1 This investigation was 

initiated on April 19, 2011.2 The 

affirmative preliminary determination 

was published on September 6, 2011.3

On September 1, 2011, petitioners 

alleged that critical circumstances exist 

with respect to imports of steel wheels 

from the PRC and submitted U.S. 

Census Data in support of their 

allegation at Exhibit I.4 On September 9, 

2011, the Department requested from 

the three mandatory respondents—the 

Jingu Companies,5 the Xingmin 

Companies,6 and the Centurion 

Xingmin Companies 7—monthly 

shipment data of subject merchandise to 

the United States for the period October 

2010 through June 2011. 

On September 21, 2011, the Xingmin 

Companies submitted to the Department 

their monthly shipment data of subject 

merchandise to the United States for the 

period October 2010 through June 

2011.8 At verification, the Xingmin 

Companies provided some minor 

corrections to these data.9 On 

September 25, 2011, the Jingu 

Companies submitted to the Department 

their monthly shipment data of subject 

merchandise to the United States for the 

period October 2010 through June 

2011.10 At verification, the Jingu 

Companies provided some minor 

corrections to these data.11 On 

September 26, 2011, the Centurion 

Companies submitted to the Department 

their monthly shipment data of subject 

merchandise to the United States for the 

period October 2010 through June 

2011.12

Period of Investigation 

The period for which we are 

measuring subsidies, or the period of 

investigation (POI), is calendar year 

2010. 

Scope of Investigation 

The products covered by this 

investigation are steel wheels with a 

wheel diameter of 18 to 24.5 inches. 

Rims and discs for such wheels are 

included, whether imported as an 

assembly or separately. These products 

are used with both tubed and tubeless 

tires. Steel wheels, whether or not 

attached to tires or axles, are included. 

However, if the steel wheels are 

imported as an assembly attached to 

tires or axles, the tire or axle is not 

covered by the scope. The scope 

includes steel wheels, discs, and rims of 

carbon and/or alloy composition and 

clad wheels, discs, and rims when 

carbon or alloy steel represents more 

than fifty percent of the product by 

weight. The scope includes wheels, 

rims, and discs, whether coated or 

uncoated, regardless of the type of 

coating. 

Imports of the subject merchandise 

are provided for under the following 

categories of the Harmonized Tariff 

Schedule of the United States (HTSUS): 

8708.70.05.00, 8708.70.25.00, 

8708.70.45.30, and 8708.70.60.30. 

Imports of the subject merchandise may 

also enter under the following categories 

of the HTSUS: 8406.90.4580, 

8406.90.7500, 8420.99.9000, 

8422.90.1100, 8422.90.2100, 

8422.90.9120, 8422.90.9130, 

8422.90.9160, 8422.90.9195, 

8431.10.0010, 8431.10.0090, 

8431.20.0000, 8431.31.0020, 

8431.31.0040, 8431.31.0060, 

8431.39.0010, 8431.39.0050, 

8431.39.0070, 8431.39.0080, 

8431.43.8060, 8431.49.1010, 

8431.49.1060, 8431.49.1090, 

8431.49.9030, 8431.49.9040, 

8431.49.9085, 8432.90.0005, 

8432.90.0015, 8432.90.0030, 

8432.90.0080, 8433.90.1000, 

8433.90.5020, 8433.90.5040, 

8436.99.0020, 8436.99.0090, 

8479.90.9440, 8479.90.9450, 

8479.90.9496, 8487.90.0080, 

8607.19.1200, 8607.19.1500, 

8708.70.1500, 8708.70.3500, 

8708.70.4560, 8708.70.6060, 

8709.90.0000, 8710.00.0090, 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Notices 12813 

13See, e.g., Notice of Preliminary Negative 

Determination of Critical Circumstances: Certain 

New Pneumatic Off-the-Road Tires From the 

People’s Republic of China, 73 FR 21588, 21589– 

90 (April 22, 2008), unchanged in Final Affirmative 

Countervailing Duty Determination and Final 

Negative Critical Circumstances Determination: 

Carbon and Certain Alloy Steel Wire Rod From 

Germany, 67 FR 55808, 55809 (August 30, 2002). 

14See, e.g., Certain Oil Country Tubular Goods 

From the People’s Republic of China: Preliminary 

Affirmative Countervailing Duty Determination, 

Preliminary Negative Critical Circumstances 

Determination, 74 FR 47210, 47212 (September 15, 

2009), unchanged in Certain Oil Country Tubular 

Goods From the People’s Republic of China: Final 

Affirmative Countervailing Duty Determination: 

Final Negative Critical Circumstances 

Determination, 74 FR 64045 (December 7, 2009). 

8714.19.0030, 8714.19.0060, 

8716.90.1000, 8716.90.5030, 

8716.90.5060, 8803.20.0015, 

8803.20.0030, and 8803.20.0060. 

These HTSUS numbers are provided 

for convenience and customs purposes 

only; the written description of the 

scope is dispositive. 

Comments of the Parties 

In their critical circumstances 

allegation, Petitioners also allege that 

there is a reasonable basis to believe that 

there are subsidies in this investigation 

which are inconsistent with the World 

Trade Organization (WTO) Agreement 

on Subsidies and Countervailing 

Measures (Subsidies Agreement). 

Petitioners cite to the Preliminary 

Determination, in which the Department 

preliminarily determined that the Jingu 

Companies have received several 

subsidies which are contingent on 

export performance. See Petitioners’ 

Critical Circumstances Allegation 

(September 1, 2011) at 2. 

Petitioners also claim in their critical 

circumstances allegation that there have 

been massive imports of steel wheels in 

the three months following the filing of 

the petition on March 30, 2011. 

Petitioners provided Census Bureau 

Data, which they contend demonstrate 

that imports of subject merchandise 

increased by more than 15 percent, 

which is required to be considered 

‘‘massive’’ under section 351.206(h)(2) 

of the Department’s regulations. 

Petitioners submit that, by volume, 

imports increased approximately 48 

percent from 510,174 wheels in the first 

quarter of 2011, to 753,604 wheels in 

the second quarter of 2010. Id. at 3 and 

Exhibit 1. Petitioners also contend that, 

by value, imports increased 

approximately 40 percent, from 

$17,787,704 in the first quarter of 2011, 

to $24,893,481 in the second quarter of 

2010. Id. 

Analysis 

Section 703(e)(1) of the Tariff Act of 

1930, as amended (the Act), provides 

that the Department will preliminarily 

determine that critical circumstances 

exist if there is a reasonable basis to 

believe or suspect that: (A) The alleged 

countervailable subsidy is inconsistent 

with the Subsidies Agreement, and (B) 

there have been massive imports of the 

subject merchandise over a relatively 

short period. 

When determining whether an alleged 

countervailable subsidy is inconsistent 

with the Subsidies Agreement, the 

Department limits its findings to those 

subsidies contingent on export 

performance or use of domestic over 

imported goods (i.e., those prohibited 

under Article 3 of the Subsidies 

Agreement).13 In the Preliminary 

Determination, the Department found 

that, during the POI, the Jingu 

Companies received countervailable 

benefits under five programs that are 

contingent upon export performance. 

Therefore, we preliminarily determine 

that there is a reasonable basis to believe 

or suspect that these five programs are 

inconsistent with the Subsidies 

Agreement. 

In the Preliminary Determination, the 

Department found that, during the POI, 

the Centurion Companies and Xingmin 

Companies did not receive 

countervailable benefits under any 

programs that are contingent upon 

export performance. Therefore, we 

preliminarily determine that there is not 

a reasonable basis to believe or suspect 

that the Centurion Companies and the 

Xingmin Companies received benefits 

inconsistent with the Subsidies 

Agreement. 

In determining whether imports of the 

subject merchandise have been 

‘‘massive,’’ section 351.206(h)(1) of the 

Department’s regulations provides that 

the Department normally will examine: 

(i) The volume and value of the imports; 

(ii) seasonal trends; and (iii) the share of 

domestic consumption accounted for by 

the imports. In addition, the Department 

will not consider imports to be massive 

unless imports during the ‘‘relatively 

short period’’ (comparison period) have 

increased by at least 15 percent 

compared to imports during an 

‘‘immediately preceding period of 

comparable duration’’ (base period). See 

19 CFR 351.206(h)(2). 

Section 351.206(i) of the Department’s 

regulations defines ‘‘relatively short 

period’’ as normally being the period 

beginning on the date the proceeding 

commences (i.e., the date the petition is 

filed) and ending at least three months 

later. For consideration of this 

allegation, we have used a three-month 

base period (i.e., January 2011 through 

March 2011) and a three-month 

comparison period (i.e., April 2011 

through June 2011). 

In determining whether there were 

massive imports from the Jingu 

Companies, we analyzed the Jingu 

Companies’ monthly shipment data for 

the period January 2011 through June 

2011. These data indicate that there was 

not a massive increase in shipments of 

subject merchandise to the United 

States by the Jingu Companies during 

the three-month period immediately 

following the filing of the petition on 

March 30, 2011. Specifically, shipments 

of subject merchandise to the United 

States from the Jingu Companies 

decreased, both in terms of volume and 

value. See the Memorandum to the File 

from Robert Copyak, Senior Financial 

Analyst, AD/CVD Operations Office 3, 

titled ‘‘Critical Circumstances Shipment 

Data Analysis,’’ (Critical Circumstances 

Memorandum) (February, 2011) at 

Attachment I. 

With regard to whether imports of 

subject merchandise by the ‘‘all other’’ 

exporters of steel wheels in the PRC 

were massive, we preliminarily 

determine that because there is evidence 

of the existence of countervailable 

subsidies that are inconsistent with the 

Subsidies Agreement, an analysis is 

warranted as to whether there was a 

massive increase in shipment by the ‘‘all 

other’’ companies, in accordance with 

section 351.206(h)(1) of the 

Department’s regulations. Therefore, we 

analyzed, in accordance with 19 CFR 

351.206(i), monthly shipment data for 

the period January 2011 through June 

2011, using shipment data from the 

International Trade Commission’s 

(ITC’s) Dataweb and adjusting it to 

remove the shipments by the 

respondents participating in the 

investigation.14 For this analysis, we 

used only the data pertaining to the 

HTSUS numbers 8708.70.05.00, 

8708.70.25.00, 8708.70.45.30, and 

8708.70.60.30, which are the HTSUS 

categories under which a majority of the 

subject merchandise entered the United 

States. We did not use the HTSUS 

numbers described in the scope as 

categories that imports of subject 

merchandise ‘‘may also enter under’’ 

because they are basket categories. The 

data provided by the respondents and 

the data for shipments by other 

exporters from the ITC’s Dataweb 

indicate there was a massive increase in 

shipments, as defined by 19 CFR 

351.206(h). See Critical Circumstances 

Memorandum at Attachment II. 

Conclusion 

We preliminarily determine that 

critical circumstances do not exist for 


tkelley on DSK3SPTVN1PROD with NOTICES
12814 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Notices 

imports of steel wheels from the three 

mandatory respondents the Jingu 

Companies, Centurion Companies, and 

Xingmin Companies. Although the 

Preliminary Determination indicates 

that the Jingu Companies benefited from 

programs that are inconsistent with the 

Subsidies Agreement, the Jingu 

Companies’ shipment data does not 

indicate a massive increase in 

shipments of subject merchandise to the 

United States. With regard to Centurion 

and Xingmin, there is no evidence on 

the record indicating that either 

company benefited from programs that 

are inconsistent with the Subsidies 

Agreement and therefore we 

preliminarily determine that critical 

circumstances do not exist with regard 

to shipments from these two mandatory 

respondents. 

We also preliminary determine, based 

on our analysis of the shipment data 

provided by the three mandatory 

respondents and ITC Dataweb data, that 

critical circumstances exist for imports 

from ‘‘all other’’ exporters of steel from 

the PRC. We will make a final 

determination concerning critical 

circumstances for steel wheels from the 

PRC when we make our final 

countervailable subsidy determination 

in this investigation. 

Suspension of Liquidation 

In accordance with section 

703(e)(2)(A) of the Act, we are directing 

U.S. Customs and Border Protection to 

suspend, with regard to the ‘‘all other’’ 

companies only, liquidation of any 

unliquidated entries of subject 

merchandise from the PRC entered, or 

withdrawn from warehouse for 

consumption, on or after June 8, 2011, 

which is 90 days prior to the date of 

publication of the Preliminary 

Determination in the Federal Register. 

ITC Notification 

In accordance with section 703(f) of 

the Act, we will notify the ITC of our 

determination. 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i)(1) of the Act. 

Dated: February 27, 2012. 

Ronald K. Lorentzen 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–5186 Filed 3–1–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB055 

North Pacific Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a meeting of the North 

Pacific Fishery Management Council 

(Council) and Alaska Board of Fisheries 

(AK BOF) Joint Protocol Committee. 

SUMMARY: The North Pacific Fishery 

Management Council Joint Protocol 

Committee of the AK BOF and Council 

will meet in March in Anchorage, AK. 

DATES: The meeting will be held on 

March 19, 2012, from 10 a.m. to 4 p.m. 

ADDRESSES: The meeting will be held at 

the Hilton Hotel, Aleutian Room, 500 

W. Third Avenue, Anchorage, AK. 

Council address: North Pacific 

Fishery Management Council, 605 W. 

4th Ave., Suite 306, Anchorage, AK 

99501–2252. 

FOR FURTHER INFORMATION CONTACT: AK 

BOF Staff; telephone: (907) 465–4110 or 

Council staff; telephone: (907) 271– 

2809. 

SUPPLEMENTARY INFORMATION: The 

Committee will review the following: 

Status of Tanner Rebuilding, review 

pending actions; Status of Gulf of 

Alaska (GOA) Halibut Bycatch, review 

pending actions; Status of Salmon 

Chum Bycatch, review of actions on 

Bering Sea (BS) Chinook, review of 

actions on GOA Chinook, review of 

pending actions on BS chum salmon 

bycatch; Status of GOA Pacific cod 

(discussion papers): reverse parallel jig 

fishery, revise ‘‘A’’ season opening date 

in GOA, limiting other gear on board 

while jig fishing; Close waters to bottom 

gear in Prince William Sound; Aleutian 

Islands golden king crab total allowable 

catch (TAC); remove minimum TAC in 

Bristol Bay red king crab fishery; 

statewide scallops. Determination of 

next committee meeting and/or full 

Joint Board meeting; miscellaneous 

business. 

The Agenda is subject to change, and 

the latest version will be posted at 

http://www.alaskafisheries.noaa.gov/ 

npfmc/. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

listed in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Gail 

Bendixen at (907) 271–2809 at least 7 

working days prior to the meeting date. 

Dated: February 28, 2012. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–5118 Filed 3–1–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN0648–XB056 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Scientific and Statistical 

Committee (SSC) and the Tilefish 

Monitoring Committee of the MidAtlantic Fishery Management Council 

(Council) will hold meetings. 

DATES: The SSC will meet Wednesday, 

March 21, 2012 from 10 a.m. until 5 

p.m. and Thursday, March 22, 2012 

from 8 a.m. until 4 p.m. The Tilefish 

Monitoring Committee will meet 

Wednesday, March 21, 2012 from 3 p.m. 

until 5 p.m. 

ADDRESSES: The meetings will be held at 

the Pier V Hotel, 711 Eastern Avenue, 

Baltimore, MD 21202; telephone: (410) 

539–2000. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N. State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 674–2331. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, 800 N. State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 526–5255. 

SUPPLEMENTARY INFORMATION: The 

primary purpose of the SSC meeting 

includes: 2012–14 ABC 


tkelley on DSK3SPTVN1PROD with NOTICES