[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Pages 17017-17021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7055]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-974]


Certain Steel Wheels From the People's Republic of China: Final 
Affirmative Countervailing Duty Determination, Final Affirmative 
Critical Circumstances Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain steel wheels (steel wheels) from the People's Republic of 
China (the PRC). For information on the estimated subsidy rates, see 
the ``Suspension of Liquidation'' section of this notice.

DATES: Effective Date: March 23, 2012.

FOR FURTHER INFORMATION CONTACT: John Conniff (for the Centurion 
Companies)

[[Page 17018]]

at 202-482-1009, Robert Copyak (for the Jingu Companies) at 202-482-
2209, and Kristen Johnson (for the Xingmin Companies) at 202-482-4793, 
AD/CVD Operations, Office 3, Import Administration, U.S. Department of 
Commerce, Room 4014, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    This investigation, which covers 28 programs, was initiated on 
April 19, 2011.\1\ The petitioners in this investigation are Accuride 
Corporation and Hayes Lemmerz International, Inc. The respondents in 
this investigation are: Jining Centurion Wheel Manufacturing Co., Ltd. 
(Centurion),\2\ Shandong Xingmin Wheel Co., Ltd. (Xingmin),\3\ and 
Zhejiang Jingu Company Limited (Zhejiang Jingu).\4\ The Department 
initially, in addition to Zhejiang Jingu, selected Jiangsu Yuantong 
Auto Parts Co., Ltd. (Yuantong) and Zhejiang Jinfei Machinery Group Co. 
Ltd. (Zhejiang Jinfei) to be mandatory respondents. Yuantong and 
Zhejiang Jinfei, however, submitted responses to the Department's 
shipment questionnaire in which each company certified that it did not 
export subject merchandise to the United States during the period of 
investigation (POI).\5\ We analyzed entry documents obtained from U.S. 
Customs and Border Protection (CBP) and found that the documentation 
confirmed the non-shipment claims of Yuantong and Zhejiang Jinfei.\6\
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    \1\ See Certain Steel Wheels From the People's Republic of 
China: Initiation of Countervailing Duty Investigation, 76 FR 23302 
(April 26, 2011).
    \2\ We use the term Centurion Companies to refer collectively to 
Centurion and its cross-owned affiliates under examination in this 
investigation.
    \3\ We use the term Xingmin Companies to refer collectively to 
Xingmin and its cross-owned affiliates under examination in this 
investigation.
    \4\ We use the term Jingu Companies to refer collectively to 
Zhejiang Jingu and its cross-owned affiliates under examination in 
this investigation.
    \5\ See Yuantong's and Zhejiang Jinfei's Shipment Questionnaire 
Responses (May 20, 2011). The public version of each response and 
all other public versions and public documents for this 
investigation are available electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Services System (IA ACCESS), located in the Department's 
Central Records Unit (CRU), Room 7046 of the main Commerce building.
    \6\ See Memorandum to the File from John Conniff, Trade Analyst, 
AD/CVD Operations, Office 3, regarding ``Examination of Entry 
Documentation,'' (August 29, 2011).
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Period of Investigation

    The POI for which we are measuring subsidies is January 1, 2010, 
through December 31, 2010, which corresponds to the PRC's most recently 
completed fiscal year at the time we initiated this investigation. See 
19 CFR 351.204(b)(2).

Case History

    The following events have occurred since the Department published 
the Preliminary Determination on September 6, 2011.\7\ On September 1, 
2011, petitioners submitted a critical circumstances allegation. On 
September 2, 2011, we issued a fourth supplemental questionnaire to the 
Government of the People's Republic of China (GOC). On September 7, 
2011, petitioners filed new subsidy allegations concerning land 
provided for less than adequate remuneration to the Centurion Companies 
and Jingu Companies. On September 9, 2011, we issued to the respondent 
companies a critical circumstances questionnaire requesting monthly 
volume and value data for shipments of subject merchandise to the 
United States. Also, on September 9, 2011, we received the GOC's 
response to the third supplemental questionnaire.
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    \7\ See Certain Steel Wheels from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination, 76 FR 55012 (September 6, 2011) 
(Preliminary Determination).
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    On September 21, 2011, the Xingmin Companies filed a response to 
the critical circumstances questionnaire. On September 23, 2011, the 
GOC submitted its fourth supplemental questionnaire response. On 
September 26, 2011, the Centurion Companies, Jingu Companies, and 
Xiamen Sunrise Wheel Group Co., Ltd. (Sunrise) each filed a response to 
the critical circumstances questionnaire.\8\
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    \8\ Sunrise, a Chinese producer of subject merchandise, had 
requested to be designated as a voluntary respondent. However, 
because we determined that the Department had resources to 
investigate only three companies, we did not designate Sunrise as a 
voluntary respondent in this investigation. See Preliminary 
Determination, 76 FR at 55013.
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    On October 3, 2011, the GOC submitted certifications conforming to 
the formats provided for in the Supplemental Interim Final Rule \9\ to 
replace those certifications it had previously filed with the 
Department that did not conform with the format provided in the Interim 
Final Rule.\10\
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    \9\ Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 
2, 2011) (Supplemental Interim Final Rule).
    \10\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) 
(Interim Final Rule).
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    On October 5, 2011, we determined that the petitioners' new subsidy 
allegations were untimely filed and rejected the September 7, 2011, 
submission.\11\ On October 6, 2011, the GOC requested a hearing in this 
investigation.
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    \11\ See Memorandum to Melissa G. Skinner, Director, AD/CVD 
Operations, Office 3, from Robert Copyak, Senior Financial Analyst, 
regarding ``Decision Memorandum Regarding Petitioners' New Subsidy 
Allegations,'' (October 5, 2011).
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    On November 2, 2011, we issued a memorandum to the file regarding 
the scope of the investigation. See Memorandum to the File from Kristen 
Johnson, Trade Analyst, AD/CVD Operations, Office 3, regarding ``Scope 
of the Investigation,'' (November 2, 2011). In the memorandum, we 
explained that because the language of the scope covers steel wheels 
ranging from 18 to 24.5 inches in diameter regardless of use, the 
Department preliminarily determined in Steel Wheels AD Preliminary 
Determination \12\ to add all of the Harmonized Tariff Schedule of the 
United States (HTSUS) categories suggested by CBP to the scope of the 
AD and CVD investigations on steel wheels from the PRC.
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    \12\ See Certain Steel Wheels from the People's Republic of 
China: Notice of Preliminary Determination of Sales at Less Than 
Fair Value, Partial Affirmative Preliminary Determination of 
Critical Circumstances, and Postponement of Final Determination, 76 
FR 67703 (November 2, 2011) (Steel Wheels AD Preliminary 
Determination).
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    On November 18, 2011, we issued a verification outline to the 
Xingmin Companies. On November 23, the Xingmin Companies filed 
additional factual information. On November 28, 2011, the GOC submitted 
new factual information. On December 2, 2011, the Department issued 
letters to the Xingmin Companies and the GOC rejecting their additional 
factual information submissions because those submissions contained 
untimely filed information. On December 2 and 5, 2011, the Xingmin 
Companies and the GOC, respectively, re-filed their additional factual 
submissions excluding that information found by the Department to be 
untimely. On December 5 and 6, 2011, the GOC and Xingmin Companies, 
respectively, submitted comments disagreeing with Department's finding 
that their initial additional factual information submissions contained 
untimely information. Also, on December 5 and 6, 2011, the Department 
conducted verification of the questionnaire responses submitted by the 
Xingmin Companies.
    On December 6, 2011, we issued a post-preliminary questionnaire to 
all interested parties regarding the scope of the AD and CVD 
investigations on steel

[[Page 17019]]

wheels from the PRC.\13\ On December 13, 2011, petitioners, the Xingmin 
Companies, Jingu Companies, and Jiaxing Stone Wheel Co., Ltd.,\14\ each 
submitted a post-preliminary supplemental questionnaire response to the 
Department. On December 22 and 23, 2011, Blackstone/OTR LLC and OTR 
Wheel Engineering, Inc. (collectively, Blackstone/OTR), a U.S. importer 
of the subject merchandise, and petitioners, respectively, submitted 
rebuttal comments to the post-preliminary supplemental questionnaire 
responses.
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    \13\ See Memorandum to the File from Kristen Johnson, Trade 
Analyst, AD/CVD Operations, Office 3, regarding ``Post-Preliminary 
Supplemental Questionnaire Issued to All Interested Parties,'' 
(December 6, 2011).
    \14\ A Chinese producer of steel wheels.
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    We issued the verification reports for the Xingmin Companies on 
January 6, 2012. We issued the verification reports for the Centurion 
Companies and the GOC on January 30, 2012. We issued the verification 
report for the Jingu Companies on January 31, 2012.
    On February 7, 2012, case briefs were submitted by the GOC, 
Centurion Companies, Jingu Companies, Xingmin Companies, and 
Blackstone/OTR. A rebuttal brief was filed by petitioners on February 
13, 2012. On February 22, 2012, the GOC notified the Department that it 
was withdrawing its request for a hearing in this investigation.
    On March 2, 2012, we published the Preliminary Critical 
Circumstances Determination,\15\ in which the Department discussed the 
arguments made by petitioners.\16\ On March 6, 2012, case briefs were 
submitted by interested parties concerning the Preliminary Critical 
Circumstances Determination and rebuttal briefs were filed on March 9, 
2012.
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    \15\ See Certain Steel Wheels from the People's Republic of 
China: Notice of Preliminary Negative Determination of Critical 
Circumstances, 77 FR 12812 (March 2, 2012) (Preliminary Critical 
Circumstances Determination).
    \16\ In the Preliminary Critical Circumstances Determination, 
the Department stated the following:
    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.
    See 77 FR at 12812. In discussing the second quarter import data 
supplied by petitioners we inadvertently referred to 2010 rather 
than 2011.
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    On March 6, 2012, the Department rejected Blackstone/OTR's February 
7, 2012, case brief because it contained new factual information. 
Blackstone/OTR re-filed is case brief excluding the new factual 
information on March 8, 2012.

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 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, 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.

Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Tariff Act of 1930, as amended (the 
Act), the International Trade Commission (the ITC) is required to 
determine whether imports of the subject merchandise from the PRC 
materially injure, or threaten material injury to, a U.S. industry. On 
May 20, 2011, the ITC published its preliminary determination finding 
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.\17\
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    \17\ See Certain Steel Wheels From China, Investigation Nos. 
701-TA-478 and 731-TA-1182 (Preliminary), 76 FR 29265 (May 20, 
2011).
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Critical Circumstances

    In the Preliminary Critical Circumstances Determination, the 
Department concluded that critical circumstances do not exist with 
respect to steel wheels from the PRC produced and exported by the Jingu 
Companies, the Centurion Companies, and the Xingming Companies, in 
accordance with section 703(e)(1) of the Act. See Preliminary Critical 
Circumstances Determination, 77 FR at 12813-12814. However, in the 
Preliminary Critical Circumstances Determination the Department 
concluded that critical circumstances exist for imports from ``all 
other'' exporters of steel wheels from the PRC. Id. Our analysis of the 
results of verification and the comments submitted by interested 
parties has not led us to change our findings from the Preliminary 
Critical Circumstances Determination. Therefore, in accordance with 
section 705(a)(2) of the Act, we continue to find that critical 
circumstances exist with respect to imports from ``all other'' 
exporters of steel wheels from the PRC.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties to this investigation are addressed in the Issues and Decision 
Memorandum, dated concurrently with this notice and which is hereby 
adopted by this notice. A list of the issues which parties raised, and 
to which we have responded in the Issues and Decision Memorandum, is 
attached to this notice as an Appendix. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). Access to IA ACCESS is available 
in the Central Records Unit (CRU), room 7046 of the main Department of 
Commerce building. In addition, a complete

[[Page 17020]]

version of the Issues and Decision Memorandum can be accessed directly 
on the Internet at http://www.trade.gov/ia/. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have 
calculated an individual rate for subject merchandise produced and 
exported by each company under investigation. We determine the total 
estimated net countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                          Net subsidy ad
                    Producer/exporter                      valorem rate
                                                             (percent)
------------------------------------------------------------------------
Jining Centurion Wheel Manufacturing Co., Ltd.                     25.66
 (Centurion) and Jining CII Wheel Manufacture Co., Ltd.
 (Jining CII) (collectively the Centurion Companies)....
Shandong Xingmin Wheel Co., Ltd. (Xingmin) and Sino-tex            32.62
 (Longkou) Wheel Manufacturers Inc. (Sino-tex)
 (collectively, the Xingmin Companies)..................
Zhejiang Jingu Company Limited (Zhejiang Jingu), Chengdu           38.32
 Jingu Wheel Co., Ltd. (Chengdu), Zhejiang Wheel World
 Industrial Co., Ltd. (Zhejiang Wheel World), and
 Shanghai Yata Industrial Co., Ltd. (Shanghai Yata)
 (collectively the Jingu Companies).....................
All Others..............................................           34.55
------------------------------------------------------------------------

    Section 705(c)(5)(A) of the Act state that for companies not 
investigated, we will determine an all-others rate by weighting the 
individual company subsidy rate of each of the companies investigated 
by each company's exports of the subject merchandise to the United 
States. The all others rate may not include zero and de minimis rates 
or any rates based solely on the facts available. In this 
investigation, all three individual rates can be used to calculate the 
all others rate. Therefore, we have assigned the weighted-average of 
these three individual rates to all other producers/exporters of steel 
wheels from the PRC.
    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed CBP to suspend liquidation of 
all entries of subject merchandise from the PRC which were entered or 
withdrawn from warehouse, for consumption on or after September 6, 
2011, the date of the publication of the Preliminary Determination in 
the Federal Register. Subsequently, as a result of our Preliminary 
Critical Circumstances Determination, we instructed CBP to suspend 
liquidation of all entries of subject merchandise from ``all other'' 
exporters of steel wheels from the PRC which were entered or withdrawn 
from warehouse, for consumption on or after June 8, 2011, which is 90 
days prior to the date of publication in the Federal Register of the 
Preliminary Determination.
    In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after January 4, 2012, but to continue the suspension 
of liquidation of all entries from September 6, 2011, through January 
3, 2012.
    We will issue a CVD order and reinstate the suspension of 
liquidation under section 706(a) of the Act if the ITC issues a final 
affirmative injury determination, and will require a cash deposit of 
estimated CVDs for such entries of merchandise in the amounts indicated 
above. If the ITC determines that material injury, or threat of 
material injury, does not exist, this proceeding will be terminated and 
all estimated duties deposited or securities posted as a result of the 
suspension of liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Import Administration.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/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 violation which is subject to sanction.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: March 16, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum

Comment 1: Application of CVD Law to Non-Market Economies (NMEs)
Comment 2: Application of CVD Law to NMEs Results in Double-Counting
Comment 3: Whether the Burden of Proving Double-Counting Lies With 
Respondents
Comment 4: Proper ``Cut-Off'' Date To Be Applied in the 
Investigation
Comment 5: Whether the Department's Examination of Additional 
Subsidy Program Was Lawful
Comment 6: Whether It Was Appropriate for the Department To Reject 
the Xingmin Companies' Factual Information
Comment 7: Whether It Was Appropriate for the Department To Reject 
Centurion Companies' Factual Information
Comment 8: Whether Certain Hot-Rolled Steel (HRS) Producers 
Constitute Government Authorities That Provide a Financial 
Contribution
Comment 9: Whether Purchases of HRS From Domestic Trading Companies 
Constituted a Financial Contribution
Comment 10: Whether the GOC Acted to the Best of Its Ability To 
Provide Information Regarding the Ownership Status of HRS Producers
Comment 11: The Extent To Which Chinese Communist Party (CCP) 
Membership is Relevant in Determining Whether HRS Producers Are 
Government Authorities Capable of Providing a Financial Contribution
Comment 12: Whether the Department Applied Consistent Treatment of 
HRS Producers In Terms of Ownership Status
Comment 13: Data Source To Be Used for the Jingu Companies Under the 
HRS for Less Than Adequate Remuneration (LTAR) Program
Comment 14: Whether the Department Should Use a Tier-One, In-Country

[[Page 17021]]

Benchmark in the Benefit Calculation of the HRS for LTAR Program
Comment 15: Use of HRS Benchmark Data That More Accurately 
Correspond to Respondents' Domestic Purchases of HRS
Comment 16: Whether the Department Should Reduce the HRS Benchmark 
to Account for the Cash Discounts That the Jingu Companies Receive 
From Their HRS Suppliers
Comment 17: Whether the HRS Benchmark Prices Should Be Adjusted 
Downward To Reflect the Prices the Jingu Companies Paid for Non-
Pickled and Non-Oiled HRS
Comment 18: Whether the Provision of HRS for LTAR Is Specific Under 
the CVD Law
Comment 19: Whether It Was Appropriate To Apply AFA With Regard to 
the GOC Concerning the Provision of Electricity for LTAR Program
Comment 20: Whether the Provision of Electricity Is Not 
Countervailable Because the Program Provides General Infrastructure 
Which Does Not Constitute a Financial Contribution
Comment 21: Whether Banks in the PRC Are Government Authorities 
Capable of Providing a Financial Contribution
Comment 22: Whether a Causal Nexus Exists Between the GOC's 
Industrial Policies and Loans Received by Respondents
Comment 23: Whether the Department Should Use a PRC-Based Tier-One 
or Tier-Two Benchmark in the Benefit Calculations of the Policy 
Lending Program
Comment 24: Whether the Department's Short-Term and Long-Term 
Benchmark Interest Rate Calculations Are Flawed
Comment 25: Whether Tax Benefits Under Article 28 of the Foreign 
Invested Enterprise (FIE) Tax Law Are Specific
Comment 26: Revision to Import Duty Rate for Testing Machinery
Comment 27: The Sales Denominator To Be Used in the Benefit 
Calculations of the Jingu Companies
Comment 28: Use of Revised Data To Calculate Benefits Received by 
the Centurion Companies Under the Two Free, Three Half Program
Comment 29: Whether IPO Grants From the Fuyang and Hangzhou City 
Governments Are Countervailable
Comment 30: Whether the Administrative Record of This Case Supports 
a Finding of Critical Circumstances
Comment 31: Whether the Scope Should Exclude Off-Road/Non-Department 
of Transportation Specification Stamped Wheels

[FR Doc. 2012-7055 Filed 3-22-12; 8:45 am]
BILLING CODE 3510-DS-P