Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission, in Part; 2014-2015, 42287-42289 [2017-18997]
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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
notice of final results of this review for
all shipments of OCTG from Turkey
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for the Toscelik Single Entity will
be the rate established in the final
results of this administrative review; (2)
for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 35.86
percent,10 the all-others rate established
in the less-than-fair-value investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
The Department is issuing and
publishing these results in accordance
with sections 751(a)(1) of the Act and 19
CFR 351.221(1)(b)(4).
mstockstill on DSK30JT082PROD with NOTICES
Dated: August 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
10 See Certain Oil Country Tubular Goods from
India, the Republic of Korea, Taiwan, the Republic
of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders; and Certain Oil Country
Tubular Goods from the Socialist Republic of
Vietnam: Amended Final Determination of Sales at
Less Than Fair Value, 79 FR 53691, 53693
(September 10, 2014).
17:42 Sep 06, 2017
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
Scope of the Order
Treatment of Affiliated Parties as a Single
Entity
Discussion of the Methodology Comparisons
to Normal Value
A. Determination of Comparison Method
B. Results of Differential Pricing Analysis
Product Comparisons
Date of Sale
Export Price
Normal Value
A. Home-Market Viability and Comparison
Market
B. Level of Trade
C. Calculation of Normal Value Based on
Contructed Value
D. Cost of Production
Currency Conversion
Recommendation
[FR Doc. 2017–18976 Filed 9–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Notification to Importers
VerDate Sep<11>2014
Appendix
Jkt 241001
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary Results
of Countervailing Duty Administrative
Review and Rescission, in Part; 2014–
2015
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 review
(POR) is December 1, 2014, through
December 31, 2015. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable September 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4261.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 10, 2015, the Department
issued a countervailing duty (CVD)
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42287
order on passenger tires from the PRC.1
Several interested parties requested that
the Department conduct an
administrative review of the
countervailing duty order, and on
October 14, 2016, the Department
published in the Federal Register a
notice of initiation of an administrative
review of the CVD Order for 61
producers/exporters for the POR.2
Scope of the Order
The products covered by the order are
certain passenger vehicle and light truck
tires from the PRC. A full description of
the scope of the order is contained in
the Preliminary Decision
Memorandum.3
Methodology
The Department is conducting this
CVD review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we determine that there
is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.4 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision
Memorandum.5 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
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (CVD Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
71061 (October 14, 2016). (Initiation Notice).
3 See ‘‘Decision Memorandum for the Preliminary
Results of the Administrative Review of the
Countervailing Duty Order on Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China; 2014–2015,’’ dated concurrently
with this notice (Preliminary Decision
Memorandum) and hereby adopted by this notice.
4 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.
5 A list of topics discussed in the Preliminary
Decision Memorandum can be found as an
appendix to this notice.
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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Sailun Jinyu Group
Co., Ltd., Sailun Jinyu Group (Hong
Kong) Co., Limited; Sailun Tire
International Corp., Seatex International
Inc., Jinyu International Holding Co.,
Limited, Husky Tire Corp., Dynamic
Tire Corp., Shandong Jinyu Industrial
Co., Ltd., Qingdao Jinhaoyang
International Co., Ltd., Guangzhou Pearl
River Rubber Tyre Ltd., Best Choice
International Trade Co. Limited, Winrun
Tyre Co., Ltd., and Shandong Wanda
Boto Tyre Co., Ltd. timely withdrew
their requests for review.6 No other
party requested a review of these
producers/exporters. Therefore, in
accordance with 19 CFR 351.213(d)(1),
the Department is rescinding this review
of the CVD order on passenger tires from
the PRC with respect to these
companies.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the
countervailable subsidy rates to be:
Subsidy rate
(percent)
Company
GITI Tire Global Trading Pte. Ltd./GITI Tire (USA) Ltd./GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui Radial)/GITI Tire
(Fujian) Company Ltd (GITI Fujian)./GITI Tire (Hualin) Company Ltd.(GITI Hualin) (collectively, GITI) ............................................
Cooper (Kunshan) Tire Co., Ltd. (Cooper) ..............................................................................................................................................
Zhongce Rubber Group Company Limited .............................................................................................................................................
Non Selected Companies Under Review ................................................................................................................................................
Preliminary Rate for the Non-Selected
Companies Under Review
requested that were not selected as
mandatory company respondents and
for which we did not receive a timely
request for withdrawal of review, with
the exception of Zhongce Rubber Group
Limited, and which we are not finding
to be cross-owned with the mandatory
company respondents, we are
preliminarily basing the subsidy rate on
the subsidy rate calculated for GITI and
Cooper. For a list of these non-selected
companies, please see Appendix II to
this notice.
25.12
14.56
89.78
19.84
mstockstill on DSK30JT082PROD with NOTICES
The statute and the Department’s
regulations do not directly address the
establishment of rates to be applied to
companies not selected for individual
examination where the Department
limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
the Department normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act
instructs the Department as a general
rule to calculate an all others rate using
the weighted average of the subsidy
rates established for the producers/
exporters individually examined,
excluding any zero, de minimis, or rates
based entirely on facts available. In this
review, the preliminary subsidy rates
calculated for GITI and Cooper and their
cross-owned affiliates are above de
minimis and are not based entirely on
facts available. Therefore, for the
companies for which a review was
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of publication of this notice in the
Federal Register.7 Interested parties
may submit case and rebuttal briefs, as
well as request a hearing.8 Interested
parties may submit written comments
(case briefs) within 30 days of
publication of the preliminary results
and rebuttal comments (rebuttal briefs)
within five days after the time limit for
filing case briefs.9 Rebuttal briefs must
be limited to issues raised in the case
briefs.10 Parties who submit case or
rebuttal briefs are requested to submit
with the argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.11
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system.12
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.13 Parties
should confirm by telephone the date,
time, and location of the hearing. Issues
addressed at the hearing will be limited
to those raised in the briefs.14 All briefs
and hearing requests must be filed
electronically and received successfully
6 See Letter to the Secretary from Sailun Jinyu
Group Co. Ltd., ‘‘Sailun Group Withdrawal of CVD
Review Request: 1st Administrative Review of
Countervailing Duty Order on Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China,’’ (December 15, 2016); Letter to
the Secretary from Qingdao Jinhaoyang
International Co., Ltd., ‘‘Jinhaoyang’s Withdrawal of
CVD Review Request (POR1): Certain Passenger
Vehicle and Light Truck Tires from China,’’
(January 11, 2017); Letter to the Secretary from
Guangzhou Pearl River Rubber Tyre Ltd., ‘‘Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China—Withdrawal of Request
for Administrative Review,’’ January 12, 2017;
Letter to the Secretary from Best Choice
International Trade Co., ‘‘Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China—Withdrawal of Request for
Administrative Review,’’ January 12, 2017; Letter to
the Secretary from Winrun Tyre Co., Ltd.,
‘‘Winrun’s Withdrawal of CVD Review Request
(POR1): Certain Passenger Vehicle and Light Truck
Tires,’’ (January 12, 2017); Letter to the Secretary
from ITG Voma Corporation, ‘‘Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China: Withdrawal of Request for Administrative
Review,’’ (January 12, 2017); Letter to the Secretary
from Shandong Wanda Boto Tyre Co., Ltd,
‘‘Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Withdrawal of Request
for Administrative Review,’’ (January 12, 2017).
7 See 19 CFR 351.224(b).
8 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
9 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
10 See 19 CFR 351.309(d)(2).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.310.
14 See 19 CFR 351.310(c).
VerDate Sep<11>2014
17:42 Sep 06, 2017
Jkt 241001
Disclosure and Public Comment
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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
in their entirety through ACCESS by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, we intend to issue the final results
of this administrative review, including
the results of our analysis of the issues
raised by the parties in their comments,
within 120 days after issuance of these
preliminary results.
mstockstill on DSK30JT082PROD with NOTICES
Assessment Rates and Cash Deposit
Requirement
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Upon issuance
of the final results, the Department shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
CVDs on all appropriate entries covered
by this review. We intend to issue
instructions to CBP 15 days after
publication of the final results of
review. For companies for which this
review is rescinded, the Department
will instruct CBP to assess
countervailing duties on all appropriate
entries at a rate equal to the cash deposit
of estimated countervailing duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period
December 1, 2014, through December
31, 2015, in accordance with 19 CFR
351.212(c)(l)(i). The Department intends
to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Pursuant to section 751(a)(2)(C) of the
Act, the Department also intends to
instruct CBP to collect cash deposits of
estimated CVDs, in the amounts shown
above for each of the respective
companies shown above, on shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
VerDate Sep<11>2014
17:42 Sep 06, 2017
Jkt 241001
Dated: August 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
BILLING CODE 3510–DS–P
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Application of the Countervailing Duty
Law to Imports from the PRC
VII. Diversification of the PRC’s Economy
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates,
Input, and Electricity Benchmarks
X. Use of Facts Otherwise Available and
Application of Adverse Inferences
XI. Analysis of Programs
XII. Disclosure and Public Comment
XIII. Conclusion
Appendix II
Non-Selected Companies Under Review
1. American Pacific Industries, Inc.
2. BC Tyre Group Limited
3. Crown International Corporation
4. Fleming Limited
5. Guangrao Taihua International Trade Co.,
Ltd.
6. Haohua Orient International Trade Ltd.
7. Hong Kong Tiancheng Investment &
Trading Co., Limited
8. Jilin Jixing Tire Co., Ltd.
9. Kenda Rubber (China) Co., Ltd.
10. Liaoning Permanent Tyre Co., Ltd.
11. Macho Tire Corporation Limited
12. Maxon Int’l Co., Limited
13. Qingdao Crown Chemical Co., Ltd.
14. Qingdao Goalstar Tire Co., Ltd.
15. Qingdao Keter International Co., Limited
16. Qingdao Lakesea Tyre Co., Ltd.
17. Qingdao Nama Industrial Co., Ltd.
18. Qingdao Odyking Tyre Co., Ltd.
19. Qingdao Sentury Tire Co., Ltd.
20. Qingzhou Detai International Trading Co.,
Ltd.
21. Riversun Industry Limited
22. Safe&Well (HK) International Trading
Limited
23. Shandong Anchi Tyres Co., Ltd.
24. Shandong Changhong Rubber Technology
Co., Ltd.
25. Shandong Guofeng Rubber Plastics Co.,
Ltd.
26. Shandong Haohua Tire Co., Ltd.
27. Shandong Hawk International Rubber
Industry Co., Ltd.
28. Shandong Hengyu Science & Technology
Co., Ltd.
29. Shandong Linglong Tyre Co., Ltd.
30. Shandong Longyue Rubber Co., Ltd.
31. Shandong New Continent Tire Co., Ltd.
32. Shandong Province Sanli Tire
Manufactured Co., Ltd.
33. Shandong Yongtai Group Co., Ltd.
(formerly known as Shandong Yongtai
Chemical Co., Ltd.)
34. Shandong Zhongyi Rubber Co., Ltd.
Frm 00021
35. Shangong Shuangwang Rubber Co., Ltd.
36. Shengtai Group Co., Ltd.
37. Shouguang Firemax Tyre Co., Ltd.
38. Southeast Mariner International Co., Ltd.
39. Tyrechamp Group Co., Limited
40. Windforce Tyre Co., Limited
41. Zhaoqing Junhong Co., Ltd.
[FR Doc. 2017–18997 Filed 9–6–17; 8:45 am]
Appendix I
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on large power
transformers (LPTs) from the Republic
of Korea (Korea). The period of review
is August 1, 2015, through July 31, 2016.
The review covers five producers/
exporters of the subject merchandise.
We preliminarily determine that
Hyosung Corporation (Hyosung) and
Hyundai Heavy Industries Co., Ltd.
(Hyundai), the two companies selected
for individual examination, sold subject
merchandise in the United States at
prices below normal value during the
period of review. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable September 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Moses Song or John Drury, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5041 or (202) 482–0195,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this review
on October 14, 2016.1 We selected two
mandatory respondents in this review,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
71061 (October 14, 2016) (Initiation Notice); see
also Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 81 FR 78778, 78781
(November 9, 2016) (Amended Initiation Notice).
We issued an amended Federal Register initiation
notice on November 9, 2016, to reflect one company
name that was missing from the October 14, 2016
Initiation Notice.
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]]>Agencies
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42287-42289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18997]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review and Rescission, in Part; 2014-2015
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 review (POR) is December 1, 2014, through December 31, 2015.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable September 7, 2017.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-4261.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, the Department issued a countervailing duty
(CVD) order on passenger tires from the PRC.\1\ Several interested
parties requested that the Department conduct an administrative review
of the countervailing duty order, and on October 14, 2016, the
Department published in the Federal Register a notice of initiation of
an administrative review of the CVD Order for 61 producers/exporters
for the POR.\2\
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (CVD Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 71061 (October 14, 2016). (Initiation
Notice).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain passenger vehicle and
light truck tires from the PRC. A full description of the scope of the
order is contained in the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ See ``Decision Memorandum for the Preliminary Results of the
Administrative Review of the Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China; 2014-2015,'' dated concurrently with this notice
(Preliminary Decision Memorandum) and hereby adopted by this notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this CVD review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we determine
that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\4\ For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision Memorandum.\5\ 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
[[Page 42288]]
complete version of the Preliminary Decision Memorandum can be accessed
directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\4\ 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.
\5\ A list of topics discussed in the Preliminary Decision
Memorandum can be found as an appendix to this notice.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Sailun Jinyu Group Co., Ltd.,
Sailun Jinyu Group (Hong Kong) Co., Limited; Sailun Tire International
Corp., Seatex International Inc., Jinyu International Holding Co.,
Limited, Husky Tire Corp., Dynamic Tire Corp., Shandong Jinyu
Industrial Co., Ltd., Qingdao Jinhaoyang International Co., Ltd.,
Guangzhou Pearl River Rubber Tyre Ltd., Best Choice International Trade
Co. Limited, Winrun Tyre Co., Ltd., and Shandong Wanda Boto Tyre Co.,
Ltd. timely withdrew their requests for review.\6\ No other party
requested a review of these producers/exporters. Therefore, in
accordance with 19 CFR 351.213(d)(1), the Department is rescinding this
review of the CVD order on passenger tires from the PRC with respect to
these companies.
---------------------------------------------------------------------------
\6\ See Letter to the Secretary from Sailun Jinyu Group Co.
Ltd., ``Sailun Group Withdrawal of CVD Review Request: 1st
Administrative Review of Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China,'' (December 15, 2016); Letter to the Secretary from
Qingdao Jinhaoyang International Co., Ltd., ``Jinhaoyang's
Withdrawal of CVD Review Request (POR1): Certain Passenger Vehicle
and Light Truck Tires from China,'' (January 11, 2017); Letter to
the Secretary from Guangzhou Pearl River Rubber Tyre Ltd., ``Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China--Withdrawal of Request for Administrative Review,'' January
12, 2017; Letter to the Secretary from Best Choice International
Trade Co., ``Certain Passenger Vehicle and Light Truck Tires from
the People's Republic of China--Withdrawal of Request for
Administrative Review,'' January 12, 2017; Letter to the Secretary
from Winrun Tyre Co., Ltd., ``Winrun's Withdrawal of CVD Review
Request (POR1): Certain Passenger Vehicle and Light Truck Tires,''
(January 12, 2017); Letter to the Secretary from ITG Voma
Corporation, ``Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Withdrawal of Request for Administrative
Review,'' (January 12, 2017); Letter to the Secretary from Shandong
Wanda Boto Tyre Co., Ltd, ``Passenger Vehicle and Light Truck Tires
from the People's Republic of China: Withdrawal of Request for
Administrative Review,'' (January 12, 2017).
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
GITI Tire Global Trading Pte. Ltd./GITI Tire (USA) Ltd./ 25.12
GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui Radial)/
GITI Tire (Fujian) Company Ltd (GITI Fujian)./GITI Tire
(Hualin) Company Ltd.(GITI Hualin) (collectively, GITI)...
Cooper (Kunshan) Tire Co., Ltd. (Cooper)................... 14.56
Zhongce Rubber Group Company Limited....................... 89.78
Non Selected Companies Under Review........................ 19.84
------------------------------------------------------------------------
Preliminary Rate for the Non-Selected Companies Under Review
The statute and the Department's regulations do not directly
address the establishment of rates to be applied to companies not
selected for individual examination where the Department limits its
examination in an administrative review pursuant to section 777A(e)(2)
of the Act. However, the Department normally determines the rates for
non-selected companies in reviews in a manner that is consistent with
section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs the Department as a
general rule to calculate an all others rate using the weighted average
of the subsidy rates established for the producers/exporters
individually examined, excluding any zero, de minimis, or rates based
entirely on facts available. In this review, the preliminary subsidy
rates calculated for GITI and Cooper and their cross-owned affiliates
are above de minimis and are not based entirely on facts available.
Therefore, for the companies for which a review was requested that were
not selected as mandatory company respondents and for which we did not
receive a timely request for withdrawal of review, with the exception
of Zhongce Rubber Group Limited, and which we are not finding to be
cross-owned with the mandatory company respondents, we are
preliminarily basing the subsidy rate on the subsidy rate calculated
for GITI and Cooper. For a list of these non-selected companies, please
see Appendix II to this notice.
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 publication of this notice in the
Federal Register.\7\ Interested parties may submit case and rebuttal
briefs, as well as request a hearing.\8\ Interested parties may submit
written comments (case briefs) within 30 days of publication of the
preliminary results and rebuttal comments (rebuttal briefs) within five
days after the time limit for filing case briefs.\9\ Rebuttal briefs
must be limited to issues raised in the case briefs.\10\ Parties who
submit case or rebuttal briefs are requested to submit with the
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\11\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
\9\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\10\ See 19 CFR 351.309(d)(2).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system.\12\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
we will inform parties of the scheduled date for the hearing which will
be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined.\13\ Parties should confirm by telephone the date,
time, and location of the hearing. Issues addressed at the hearing will
be limited to those raised in the briefs.\14\ All briefs and hearing
requests must be filed electronically and received successfully
[[Page 42289]]
in their entirety through ACCESS by 5:00 p.m. Eastern Time on the due
date.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310.
\14\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, we intend to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, within 120 days after issuance of these
preliminary results.
Assessment Rates and Cash Deposit Requirement
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon issuance of the final results, the
Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, CVDs on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of review. For companies for which
this review is rescinded, the Department will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
December 1, 2014, through December 31, 2015, in accordance with 19 CFR
351.212(c)(l)(i). The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
this notice.
Pursuant to section 751(a)(2)(C) of the Act, the Department also
intends to instruct CBP to collect cash deposits of estimated CVDs, in
the amounts shown above for each of the respective companies shown
above, on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most-recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: August 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Application of the Countervailing Duty Law to Imports from the
PRC
VII. Diversification of the PRC's Economy
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Input, and Electricity
Benchmarks
X. Use of Facts Otherwise Available and Application of Adverse
Inferences
XI. Analysis of Programs
XII. Disclosure and Public Comment
XIII. Conclusion
Appendix II
Non-Selected Companies Under Review
1. American Pacific Industries, Inc.
2. BC Tyre Group Limited
3. Crown International Corporation
4. Fleming Limited
5. Guangrao Taihua International Trade Co., Ltd.
6. Haohua Orient International Trade Ltd.
7. Hong Kong Tiancheng Investment & Trading Co., Limited
8. Jilin Jixing Tire Co., Ltd.
9. Kenda Rubber (China) Co., Ltd.
10. Liaoning Permanent Tyre Co., Ltd.
11. Macho Tire Corporation Limited
12. Maxon Int'l Co., Limited
13. Qingdao Crown Chemical Co., Ltd.
14. Qingdao Goalstar Tire Co., Ltd.
15. Qingdao Keter International Co., Limited
16. Qingdao Lakesea Tyre Co., Ltd.
17. Qingdao Nama Industrial Co., Ltd.
18. Qingdao Odyking Tyre Co., Ltd.
19. Qingdao Sentury Tire Co., Ltd.
20. Qingzhou Detai International Trading Co., Ltd.
21. Riversun Industry Limited
22. Safe&Well (HK) International Trading Limited
23. Shandong Anchi Tyres Co., Ltd.
24. Shandong Changhong Rubber Technology Co., Ltd.
25. Shandong Guofeng Rubber Plastics Co., Ltd.
26. Shandong Haohua Tire Co., Ltd.
27. Shandong Hawk International Rubber Industry Co., Ltd.
28. Shandong Hengyu Science & Technology Co., Ltd.
29. Shandong Linglong Tyre Co., Ltd.
30. Shandong Longyue Rubber Co., Ltd.
31. Shandong New Continent Tire Co., Ltd.
32. Shandong Province Sanli Tire Manufactured Co., Ltd.
33. Shandong Yongtai Group Co., Ltd. (formerly known as Shandong
Yongtai Chemical Co., Ltd.)
34. Shandong Zhongyi Rubber Co., Ltd.
35. Shangong Shuangwang Rubber Co., Ltd.
36. Shengtai Group Co., Ltd.
37. Shouguang Firemax Tyre Co., Ltd.
38. Southeast Mariner International Co., Ltd.
39. Tyrechamp Group Co., Limited
40. Windforce Tyre Co., Limited
41. Zhaoqing Junhong Co., Ltd.
[FR Doc. 2017-18997 Filed 9-6-17; 8:45 am]
BILLING CODE 3510-DS-P
