Countervailing Duty Investigation of Certain Hardwood Plywood Products From the People's Republic of China: Postponement of Preliminary Determination, 8605-8606 [2017-01860]

Download as PDF Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Notices later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Order This notice will serve as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or 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 sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: January 19, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. jstallworth on DSK7TPTVN1PROD with NOTICES Appendix I Scope of the Investigation The scope of the investigation covers truck and bus tires. Truck and bus tires are new pneumatic tires, of rubber, with a truck or bus size designation. Truck and bus tires covered by this investigation may be tubetype, tubeless, radial, or non-radial. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have one of the following suffixes in their tire size designation, which also appear on the sidewall of the tire: TR—Identifies tires for service on trucks or buses to differentiate them from similarly sized passenger car and light truck tires; and HC—Identifies a 17.5 inch rim diameter code for use on low platform trailers. All tires with a ‘‘TR’’ or ‘‘HC’’ suffix in their size designations are covered by this investigation regardless of their intended use. In addition, all tires that lack one of the above suffix markings are included in the scope, regardless of their intended use, as long as the tire is of a size that is among the numerical size designations listed in the ‘‘Truck-Bus’’ section of the Tire and Rim VerDate Sep<11>2014 13:58 Jan 26, 2017 Jkt 241001 Association Year Book, as updated annually, unless the tire falls within one of the specific exclusions set out below. Truck and bus tires, whether or not mounted on wheels or rims, are included in the scope. However, if a subject tire is imported mounted on a wheel or rim, only the tire is covered by the scope. Subject merchandise includes truck and bus tires produced in the subject country whether mounted on wheels or rims in the subject country or in a third country. Truck and bus tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter attached to a vehicle are not covered by the scope. Specifically excluded from the scope of this investigation are the following types of tires: (1) Pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (2) non-pneumatic tires, such as solid rubber tires; and (3) tires that exhibit each of the following physical characteristics: (a) The designation ‘‘MH’’ is molded into the tire’s sidewall as part of the size designation; (b) the tire incorporates a warning, prominently molded on the sidewall, that the tire is for ‘‘Mobile Home Use Only;’’ and (c) the tire is of bias construction as evidenced by the fact that the construction code included in the size designation molded into the tire’s sidewall is not the letter ‘‘R.’’ The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1015 and 4011.20.5020. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.69.0020, 4011.69.0090, 4011.70.00, 4011.90.80, 4011.99.4520, 4011.99.4590, 4011.99.8520, 4011.99.8590, 8708.70.4530, 8708.70.6030, 8708.70.6060, and 8716.90.5059.14 While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Company Abbreviations IV. Other Abbreviations V. Period of Investigation VI. Scope Comments VII. Scope of the Investigation VIII. Critical Circumstances IX. Surrogate Country 14 On August 26, 2016, the Department included HTSUS subheadings 4011.69.0020, 4011.69.0090, and 8716.90.5059 to the case reference files, pursuant to requests by CBP and the petitioner. See Memorandum to the File entitled, ‘‘Requests from Customs and Border Protection and the Petitioner to Update the ACE Case Reference File,’’ dated August 26, 2016. On January 19, 2017, the Department included HTSUS subheadings 4011.70.00 and 4011.90.80 to the case reference files, pursuant to requests by CBP. See Memorandum to the File entitled, ‘‘Requests from Customs and Border Protection to Update the ACE Case Reference File,’’ dated January 19, 2017. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 8605 X. Separate Rates XI. PRC-Wide Rate XII. Margin Calculations XIII. Discussion of the Issues a. Separate Rate Eligibility Issues b. Combination Rates c. PCT Issues d. Preliminary Cash Deposit Rates e. Critical Circumstances f. Scope Issues XIV. Recommendation [FR Doc. 2017–01861 Filed 1–26–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–052] Countervailing Duty Investigation of Certain Hardwood Plywood Products From the People’s Republic of China: Postponement of Preliminary Determination Enforcement and Compliance International Trade Administration, Department of Commerce. DATES: Effective January 27, 2017. FOR FURTHER INFORMATION CONTACT: Justin Neuman at (202) 482–0486, or Matthew Renkey at (202) 482–2312, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 8, 2016, the Department of Commerce (Department) initiated the countervailing duty investigation of certain hardwood plywood products (hardwood plywood) from the People’s Republic of China (PRC).1 Currently, the preliminary determination is due no later than February 13, 2017.2 Postponement of Due Date for the Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (Act), requires the Department to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which the Department initiated the investigation. However, in 1 See Certain Hardwood Plywood Products from People’s Republic of China: Initiation of Countervailing Duty Investigation, 81 FR 91131 (December 16, 2016) (Initiation). 2 The due date actually falls on February 11, 2017, which is a Saturday. Therefore, the deadline moves to the next business day, February 13, 2017. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR 24533 (May 10, 2008). E:\FR\FM\27JAN1.SGM 27JAN1 8606 Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Notices accordance with 19 CFR 351.205(e), section 703(c)(1) of the Act permits the Department to postpone the preliminary determination until no later than 130 days after the date on which the Department initiated the investigation if, among other reasons, Petitioners 3 make a timely request for a postponement, or the Department concludes that the parties concerned are cooperating and determines that the investigation is extraordinarily complicated. Under 19 CFR 351.205(e), petitioners must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reason for the request. The Department will grant the request unless it finds compelling reasons to deny the request.4 In the instant investigation, Petitioners made a timely request, on January 17, 2017, that we postpone the preliminary CVD determination.5 In accordance with 19 CFR 351.205(e), Petitioner has stated the reason for requesting a postponement of the preliminary determination, and the Department finds no compelling reason to deny the request. Therefore, pursuant to section 703(c)(1)(A) of the Act, we are extending the due date for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., to April 17, 2017. Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: January 18, 2017. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–01860 Filed 1–26–17; 8:45 am] BILLING CODE 3510–DS–P jstallworth on DSK7TPTVN1PROD with NOTICES 3 In this investigation, Petitioners are the Coalition for Fair Trade in Hardwood Plywood and its individual members: Columbia Forest Products; Commonwealth Plywood Co., Ltd.; Murphy Plywood; Roseburg Forest Products Co.; States Industries LLC; and Timber Products Company. 4 See 19 CFR 351.205(e). 5 See Petitioners’ letter of January 17, 2017, requesting postponement of the preliminary determination. VerDate Sep<11>2014 13:58 Jan 26, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–041] Truck and Bus Tires From the People’s Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, in Part Enforcement and Compliance, 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 truck and bus tires from the People’s Republic of China (PRC). For information on the estimated subsidy rates, see the ‘‘Final Determination’’ section of this notice. The period of investigation is January 1, 2015, through December 31, 2015. DATES: Effective January 27, 2017. FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Mark Kennedy, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2778 or (202) 482–7883, respectively. AGENCY: Background The Department published the Preliminary Determination on July 5, 2016.1 A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 The Issues and 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). 1 See Truck and Bus Tires From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Determination, 81 FR 43577 (July 5, 2016) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Truck and Bus Tires from the People’s Republic of China,’’ dated concurrently with this determination (Issues and Decision Memorandum) and hereby adopted by this notice. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Scope of the Investigation The products covered by this investigation are truck and bus tires from the PRC. For a full description of the scope of the investigation, see Appendix I. Scope Comments Since the Preliminary Determination, the Department has received comments on the scope of this investigation from the parties in this investigation. See Issues and Decision Memorandum for further details. The scope in Appendix I reflects the final scope language. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II. Use of Adverse Facts Available In making this final determination, the Department relied, in part, on facts available and, because the Government of China and a respondent company did not act to the best of their abilities in responding to the Department’s requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available, pursuant to section 776(a) and (b) of the Tariff Act of 1930, as amended, (the Act). For further information, see the section ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of information requested and received from the GOC and the company respondents since the Preliminary Determination, the results of verification, and the comments received from parties, we have made certain changes to the respondents’ subsidy rate calculations. For discussion E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)]
[Notices]
[Pages 8605-8606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01860]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-052]


Countervailing Duty Investigation of Certain Hardwood Plywood 
Products From the People's Republic of China: Postponement of 
Preliminary Determination

AGENCY: Enforcement and Compliance International Trade Administration, 
Department of Commerce.

DATES: Effective January 27, 2017.

FOR FURTHER INFORMATION CONTACT: Justin Neuman at (202) 482-0486, or 
Matthew Renkey at (202) 482-2312, AD/CVD Operations, Office V, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On December 8, 2016, the Department of Commerce (Department) 
initiated the countervailing duty investigation of certain hardwood 
plywood products (hardwood plywood) from the People's Republic of China 
(PRC).\1\ Currently, the preliminary determination is due no later than 
February 13, 2017.\2\
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    \1\ See Certain Hardwood Plywood Products from People's Republic 
of China: Initiation of Countervailing Duty Investigation, 81 FR 
91131 (December 16, 2016) (Initiation).
    \2\ The due date actually falls on February 11, 2017, which is a 
Saturday. Therefore, the deadline moves to the next business day, 
February 13, 2017. See Notice of Clarification: Application of 
``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR 
24533 (May 10, 2008).
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Postponement of Due Date for the Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (Act), 
requires the Department to issue the preliminary determination in a 
countervailing duty investigation within 65 days after the date on 
which the Department initiated the investigation. However, in

[[Page 8606]]

accordance with 19 CFR 351.205(e), section 703(c)(1) of the Act permits 
the Department to postpone the preliminary determination until no later 
than 130 days after the date on which the Department initiated the 
investigation if, among other reasons, Petitioners \3\ make a timely 
request for a postponement, or the Department concludes that the 
parties concerned are cooperating and determines that the investigation 
is extraordinarily complicated. Under 19 CFR 351.205(e), petitioners 
must submit a request for postponement 25 days or more before the 
scheduled date of the preliminary determination and must state the 
reason for the request. The Department will grant the request unless it 
finds compelling reasons to deny the request.\4\
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    \3\ In this investigation, Petitioners are the Coalition for 
Fair Trade in Hardwood Plywood and its individual members: Columbia 
Forest Products; Commonwealth Plywood Co., Ltd.; Murphy Plywood; 
Roseburg Forest Products Co.; States Industries LLC; and Timber 
Products Company.
    \4\ See 19 CFR 351.205(e).
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    In the instant investigation, Petitioners made a timely request, on 
January 17, 2017, that we postpone the preliminary CVD 
determination.\5\ In accordance with 19 CFR 351.205(e), Petitioner has 
stated the reason for requesting a postponement of the preliminary 
determination, and the Department finds no compelling reason to deny 
the request. Therefore, pursuant to section 703(c)(1)(A) of the Act, we 
are extending the due date for the preliminary determination to no 
later than 130 days after the date on which this investigation was 
initiated, i.e., to April 17, 2017. Pursuant to section 705(a)(1) of 
the Act and 19 CFR 351.210(b)(1), the deadline for the final 
determination will continue to be 75 days after the date of the 
preliminary determination.
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    \5\ See Petitioners' letter of January 17, 2017, requesting 
postponement of the preliminary determination.
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: January 18, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-01860 Filed 1-26-17; 8:45 am]
 BILLING CODE 3510-DS-P