Countervailing Duty Investigation of Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Affirmative Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 71093-71095 [2014-28257]
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Review the final rule,
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
Letters of Appearance and
Administrative Protective Orders
Pursuant to 19 CFR 351.103(d), the
Department will maintain and make
available a public service list for these
proceedings. Parties wishing to
participate in any of these five-year
reviews must file letters of appearance
as discussed at 19 CFR 351.103(d)). To
facilitate the timely preparation of the
public service list, it is requested that
those seeking recognition as interested
parties to a proceeding submit an entry
of appearance within 10 days of the
publication of the Notice of Initiation.
Because deadlines in Sunset Reviews
can be very short, we urge interested
parties who want access to proprietary
information under administrative
protective order (‘‘APO’’) to file an APO
application immediately following
publication in the Federal Register of
this notice of initiation. The
Department’s regulations on submission
of proprietary information and
eligibility to receive access to business
proprietary information under APO can
be found at 19 CFR 351.304–306.
Information Required From Interested
Parties
Domestic interested parties, as
defined in section 771(9)(C), (D), (E), (F),
and (G) of the Act and 19 CFR
351.102(b), wishing to participate in a
Sunset Review must respond not later
than 15 days after the date of
publication in the Federal Register of
this notice of initiation by filing a notice
of intent to participate. The required
contents of the notice of intent to
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with the
Department’s regulations, if we do not
receive a notice of intent to participate
from at least one domestic interested
party by the 15-day deadline, the
Department will automatically revoke
the order without further review.5
If we receive an order-specific notice
of intent to participate from a domestic
interested party, the Department’s
regulations provide that all parties
wishing to participate in a Sunset
Review must file complete substantive
responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
5 See
19 CFR 351.218(d)(1)(iii).
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14:08 Nov 28, 2014
Jkt 235001
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that the Department’s
information requirements are distinct
from the Commission’s information
requirements. Consult the Department’s
regulations for information regarding
the Department’s conduct of Sunset
Reviews. Consult the Department’s
regulations at 19 CFR part 351 for
definitions of terms and for other
general information concerning
antidumping and countervailing duty
proceedings at the Department.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: November 19, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–28408 Filed 11–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Countervailing Duty Investigation of
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary
Affirmative Determination, Preliminary
Affirmative Critical Circumstances
Determination, in Part, and Alignment
of Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of passenger
vehicle and light truck tires (passenger
tires) from the People’s Republic of
China (PRC). The period of investigation
is January 1, 2013, through December
31, 2013. We invite interested parties to
comment on this preliminary
determination.
DATES: Effective Date: Insert date of
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Emily Halle or Jason Rhoads, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202.482.0176, 202.482.0123,
respectively.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
71093
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this
investigation are certain passenger tires
from the PRC. For a complete
description of the scope of this
investigation, see the Memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance,
‘‘Countervailing Duty Investigation of
Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic
of China: Decision Memorandum for the
Preliminary Determination,’’ dated
concurrently with, and hereby adopted
by, this notice (Preliminary Decision
Memorandum). The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://trade.gov/enforcement.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Methodology
The Department is conducting this
countervailing duty (CVD) investigation
in accordance with section 701 of the
Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.1 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
The Department notes that, in making
these findings, we relied, in part, on
facts available and, because one or more
respondents did not act to the best of
their ability to respond to the
Department’s requests for information,
we drew an adverse inference where
appropriate in selecting from among the
1 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\01DEN1.SGM
01DEN1
71094
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
facts otherwise available.2 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination in this investigation
with the final determination in the
companion antidumping duty (AD)
investigation of passenger tires from the
PRC based on a request made by
Petitioner.3 Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
April 6, 2015, unless postponed.
Critical Circumstances, in Part
In accordance with section 703(e)(1)
of the Act, we preliminarily find that
critical circumstances exist with respect
to imports of passenger tires from the
PRC for Shandong Yongsheng Rubber
Group Co., Ltd. (Yongsheng) and all
other exporters or producers not
individually examined. A discussion of
our determination can be found in the
Preliminary Decision Memorandum.
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
an individual estimated countervailable
subsidy rate for the individuallyinvestigated exporters/producers of the
subject merchandise.4 We also
calculated an all-others rate. In
accordance with sections 703(d) and
705(c)(5)(A) of the Act, for companies
not individually investigated, we apply
an ‘‘all-others’’ rate, which is normally
calculated by weighting the subsidy
rates of the individual companies
selected as mandatory respondents by
2 See
sections 776(a) and (b) of the Act.
United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL–
CIO, CLC. See Letter from Petitioner, ‘‘Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China—Petitioner’s Request
for Alignment of Countervailing Duty Investigation
Final Determination Deadline with Antidumping
Investigation Final Determination Deadline,’’
November 5, 2014.
4 The individually-investigated exporters/
producers are GITI Tire (Fujian) Co., Ltd., and its
cross-owned affiliated companies GITI Tire (China)
Investment Company Ltd., GITI Radial Tire (Anhui)
Company Ltd., GITI Tire (Hualin) Company Ltd.,
GITI Steel Cord (Hubei) Company Ltd., and Anhui
Prime Cord Fabrics Company Ltd.; and Cooper
Kunshan Tire Co., Ltd., and its cross-owned
affiliated company, Cooper Chengshan (Shandong)
Tire Co., Ltd.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
3 Collectively,
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14:08 Nov 28, 2014
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those companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(A)(i) of the Act, the allothers rate excludes zero and de
minimis rates calculated for the
exporters and producers individually
investigated as well as rates based
entirely on facts otherwise available.
Therefore, we have excluded the rate for
Yongsheng from the all-others rate.
Notwithstanding the language of section
705(c)(5)(A)(i) of the Act, we have not
calculated the ‘‘all-others’’ rate by
weight averaging the rates of the two
individually investigated respondents,
because doing so risks disclosure of
proprietary information. Therefore, and
consistent with the Department’s
practice where such risk exists, for the
‘‘all-others’’ rate, we calculated a weight
average of the two responding firms’
rates using publicly ranged data.5 The
overall preliminary estimated
countervailable subsidy rates are
summarized in the table below:
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondents prior to
making our final determination.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.6
Interested parties may submit case and
rebuttal briefs, as well as request a
hearing.7 For a schedule of the
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (ITC) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
Subsidy
Exporter/Producer
rate
information relating to this
(%)
investigation. We will allow the ITC
access to all privileged and business
GITI Tire (Fujian) Co., Ltd. and
proprietary information in our files,
certain cross-owned companies
17.69
provided the ITC confirms that it will
Cooper Kunshan Tire Co., Ltd
not disclose such information, either
and certain cross-owned companies ........................................
12.50 publicly or under an administrative
protective order, without the written
Shandong Yongsheng Rubber
Group Co., Ltd. .........................
81.29 consent of the Assistant Secretary for
All-Others ......................................
15.69 Enforcement and Compliance.
In accordance with section 705(b)(2)
of the Act, if our final determination is
In accordance with sections
affirmative, the ITC will make its final
703(d)(1)(B) and (d)(2) of the Act, we are
determination within 45 days after the
directing U.S. Customs and Border
Department makes its final
Protection (CBP) to suspend liquidation
determination.
of all entries of passenger tires from the
This determination is issued and
PRC that are entered, or withdrawn from
published pursuant to sections 703(f)
warehouse, for consumption on or after
and 777(i) of the Act and 19 CFR
the date of the publication of this notice 351.205(c).
in the Federal Register, and to require
Dated: November 21, 2014.
a cash deposit for such entries of
Paul Piquado,
merchandise in the amounts indicated
Assistant Secretary for Enforcement and
above. Moreover, because we
preliminarily find critical circumstances Compliance.
exist with respect to Yongsheng, and all Appendix
other exporters or producers not
List of Topics Discussed in the Preliminary
individually examined, in accordance
Decision Memorandum
with section 703(e)(2)(A) of the Act, we
I. Summary
are directing CBP to apply the
II. Background
suspension of liquidation to any
III. Scope Comments
unliquidated entries entered, or
IV. Scope of the Investigation
withdrawn from warehouse for
V. Alignment
consumption by these companies, on or VI. Respondent Selection
after the date which is 90 days prior to
VII. Preliminary Determination of Critical
Circumstances, in Part
the date of publication of this notice in
VIII. Injury Test
the Federal Register.
5 See,
e.g., Hardwood and Decorative Plywood
from the People’s Republic of China: Final
Affirmative Countervailing Duty Determination;
2011, 78 FR 58283 (September 23, 2013).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
IX. Application of the Countervailing Duty
Law to Imports from the PRC
6 See
7 See
E:\FR\FM\01DEN1.SGM
19 CFR 351.224(b).
19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
01DEN1
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
X. Subsidies Valuation
XI. Benchmarks and Discount Rates
XII. Use of Facts Otherwise Available and
Adverse Inferences
XIII. Analysis of Programs
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion
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
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
[FR Doc. 2014–28257 Filed 11–28–14; 8:45 am]
BILLING CODE 3510–DS–P
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies (see ADDRESSES) at least
5 days prior to the meeting date.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD645
New England Fishery Management
Council; Public Meeting
Authority: 16 U.S.C. 1801 et seq.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council’s (Council)
Observer Policy Committee will meet to
review scientific information affecting
New England fisheries in the exclusive
economic zone (EEZ).
DATES: The meeting will be held on
Wednesday, December 17, 2014,
beginning at 9:30 a.m.
ADDRESSES: The meeting will be held at
the Sheraton Colonial Hotel; One
Audubon Road; Wakefield, MA 01880;
telephone: (781) 245–9300; fax: (781)
245–0842.
Council Address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Dated: November 25, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–28202 Filed 11–28–14; 8:45 am]
BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with NOTICES
The Observer Policy Committee will
meet to: Review progress regarding
development of NMFS-led omnibus
amendment to establish provisions for
industry-funded monitoring (IFM)
across all Council-managed fisheries;
review and discuss timeline for IFM
amendment; discuss details of omnibus
IFM amendment alternatives, review
related information and available
analyses, and develop Committee
recommendations; and plan next
meeting and address other business as
necessary.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
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14:08 Nov 28, 2014
Jkt 235001
Commission Meeting—Open to
the Public.
MATTER TO BE CONSIDERED: Briefing
Matter: Phthalates—NPR.
A live webcast of the Meeting can be
viewed at www.cpsc.gov/live.
CONTACT PERSON FOR MORE INFORMATION:
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814, (301)
504–7923.
STATUS:
Dated: November 25, 2014.
Alberta E. Mills,
Acting Secretary, U.S. Consumer Product
Safety Commission.
[FR Doc. 2014–28386 Filed 11–26–14; 4:15 pm]
BILLING CODE 6355–01–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Proposed Information Collection;
Comment Request
Corporation for National and
Community Service.
ACTION: Notice.
AGENCY:
SUMMARY:
Agenda Items
71095
CONSUMER PRODUCT SAFETY
COMMISSION
Wednesday, December 3,
2014, 10:00 a.m.–12:00 p.m.
PLACE: CPSC’s National Product Testing
and Evaluation Center, 5 Research
Place, Rockville, MD 20850.
STATUS: Commission Meeting—Open to
the Public.
MATTER TO BE CONSIDERED: Briefing
Matter: Fiscal Year 2015 Operating Plan.
A live webcast of the Meeting can be
viewed at www.cpsc.gov/live.
CONTACT PERSON FOR MORE INFORMATION:
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814, (301)
504–7923.
TIME AND DATE:
Dated: November 26, 2014.
Alberta E. Mills,
Acting Secretary, U.S. Consumer Product
Safety Commission.
[FR Doc. 2014–28385 Filed 11–26–14; 4:15 pm]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meeting
Friday, December 5,
2014, 9:00 a.m.–12:00 p.m.
PLACE: Hearing Room 420, Bethesda
Towers, 4330 East West Highway,
Bethesda, Maryland.
TIME AND DATE:
PO 00000
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The Corporation for National
and Community Service (CNCS), as part
of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) (44 U.S.C. 3506(c)(2)(A)). This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirement on respondents can be
properly assessed.
Currently, CNCS is soliciting
comments concerning its proposed new
information collection through the
Partnership and Collaboration (PAC)
Survey that is part of the Social Network
Study (SNS). The goal of this study is
to gather a comprehensive
understanding of network of
organizations in the same service area as
CNCS grantees, the relationships and
interactions of CNCS grantees with
these other organizations, and how
central the AmeriCorps members and
member organizations are to these
networks. In support of these efforts, we
will design and field a survey of
grantees and organizations in the service
area in several sites, the data from
SUMMARY:
Sunshine Act Meeting
E:\FR\FM\01DEN1.SGM
01DEN1
Agencies
[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Notices]
[Pages 71093-71095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28257]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Countervailing Duty Investigation of Certain Passenger Vehicle
and Light Truck Tires From the People's Republic of China: Preliminary
Affirmative Determination, Preliminary Affirmative Critical
Circumstances Determination, in Part, and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of passenger vehicle and light truck tires
(passenger tires) from the People's Republic of China (PRC). The period
of investigation is January 1, 2013, through December 31, 2013. We
invite interested parties to comment on this preliminary determination.
DATES: Effective Date: Insert date of publication in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Emily Halle or Jason Rhoads, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202.482.0176,
202.482.0123, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this investigation are certain passenger
tires from the PRC. For a complete description of the scope of this
investigation, see the Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations
to Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Countervailing Duty Investigation of Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China: Decision
Memorandum for the Preliminary Determination,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum). The Preliminary Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://trade.gov/enforcement. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Methodology
The Department is conducting this countervailing duty (CVD)
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (the Act). For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a financial contribution by an ``authority'' that gives rise to a
benefit to the recipient, and that the subsidy is specific.\1\ For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\1\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
The Department notes that, in making these findings, we relied, in
part, on facts available and, because one or more respondents did not
act to the best of their ability to respond to the Department's
requests for information, we drew an adverse inference where
appropriate in selecting from among the
[[Page 71094]]
facts otherwise available.\2\ For further information, see ``Use of
Facts Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\2\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning
the final CVD determination in this investigation with the final
determination in the companion antidumping duty (AD) investigation of
passenger tires from the PRC based on a request made by Petitioner.\3\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled to be
issued no later than April 6, 2015, unless postponed.
---------------------------------------------------------------------------
\3\ Collectively, United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC. See Letter from Petitioner,
``Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China--Petitioner's Request for Alignment of
Countervailing Duty Investigation Final Determination Deadline with
Antidumping Investigation Final Determination Deadline,'' November
5, 2014.
---------------------------------------------------------------------------
Critical Circumstances, in Part
In accordance with section 703(e)(1) of the Act, we preliminarily
find that critical circumstances exist with respect to imports of
passenger tires from the PRC for Shandong Yongsheng Rubber Group Co.,
Ltd. (Yongsheng) and all other exporters or producers not individually
examined. A discussion of our determination can be found in the
Preliminary Decision Memorandum.
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for the
individually-investigated exporters/producers of the subject
merchandise.\4\ We also calculated an all-others rate. In accordance
with sections 703(d) and 705(c)(5)(A) of the Act, for companies not
individually investigated, we apply an ``all-others'' rate, which is
normally calculated by weighting the subsidy rates of the individual
companies selected as mandatory respondents by those companies' exports
of the subject merchandise to the United States. Under section
705(c)(5)(A)(i) of the Act, the all-others rate excludes zero and de
minimis rates calculated for the exporters and producers individually
investigated as well as rates based entirely on facts otherwise
available. Therefore, we have excluded the rate for Yongsheng from the
all-others rate. Notwithstanding the language of section
705(c)(5)(A)(i) of the Act, we have not calculated the ``all-others''
rate by weight averaging the rates of the two individually investigated
respondents, because doing so risks disclosure of proprietary
information. Therefore, and consistent with the Department's practice
where such risk exists, for the ``all-others'' rate, we calculated a
weight average of the two responding firms' rates using publicly ranged
data.\5\ The overall preliminary estimated countervailable subsidy
rates are summarized in the table below:
---------------------------------------------------------------------------
\4\ The individually-investigated exporters/producers are GITI
Tire (Fujian) Co., Ltd., and its cross-owned affiliated companies
GITI Tire (China) Investment Company Ltd., GITI Radial Tire (Anhui)
Company Ltd., GITI Tire (Hualin) Company Ltd., GITI Steel Cord
(Hubei) Company Ltd., and Anhui Prime Cord Fabrics Company Ltd.; and
Cooper Kunshan Tire Co., Ltd., and its cross-owned affiliated
company, Cooper Chengshan (Shandong) Tire Co., Ltd.
\5\ See, e.g., Hardwood and Decorative Plywood from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination; 2011, 78 FR 58283 (September 23, 2013).
------------------------------------------------------------------------
Subsidy
Exporter/Producer rate (%)
------------------------------------------------------------------------
GITI Tire (Fujian) Co., Ltd. and certain cross-owned 17.69
companies...................................................
Cooper Kunshan Tire Co., Ltd and certain cross-owned 12.50
companies...................................................
Shandong Yongsheng Rubber Group Co., Ltd..................... 81.29
All-Others................................................... 15.69
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we
are directing U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of passenger tires from the PRC that are
entered, or withdrawn from warehouse, for consumption on or after the
date of the publication of this notice in the Federal Register, and to
require a cash deposit for such entries of merchandise in the amounts
indicated above. Moreover, because we preliminarily find critical
circumstances exist with respect to Yongsheng, and all other exporters
or producers not individually examined, in accordance with section
703(e)(2)(A) of the Act, we are directing CBP to apply the suspension
of liquidation to any unliquidated entries entered, or withdrawn from
warehouse for consumption by these companies, on or after the date
which is 90 days prior to the date of publication of this notice in the
Federal Register.
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\6\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\7\ For a schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing requests, see the Preliminary
Decision Memorandum.
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (ITC) of our determination. In addition,
we are making available to the ITC all non-privileged and non-
proprietary information relating 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, without the written consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Preliminary Determination of Critical Circumstances, in Part
VIII. Injury Test
IX. Application of the Countervailing Duty Law to Imports from the
PRC
[[Page 71095]]
X. Subsidies Valuation
XI. Benchmarks and Discount Rates
XII. Use of Facts Otherwise Available and Adverse Inferences
XIII. Analysis of Programs
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion
[FR Doc. 2014-28257 Filed 11-28-14; 8:45 am]
BILLING CODE 3510-DS-P