Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2014-2015, 11694-11696 [2018-05377]
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11694
Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices
2. BC Tyre Group Limited
3. Best Choice International Trade Co.,
Limited
4. Cheng Shin Tire & Rubber (China) Co., Ltd.
5. Guangzhou Pearl River Rubber Tyre Ltd.
6. Hebei Tianrui Rubber Co., Ltd.
7. Hong Kong Tri-Ace Tire Co., Limited
8. Hwa Fong Rubber (Hong Kong) Ltd.
9. ITG Voma Corporation
10. Nankang International Co., Ltd.
11. Nankang Rubber Tire Corp., Ltd.
12. Pirelli Tyre Co., Ltd.
13. Qingdao Goalstar Tire Co., Ltd.
14. Qingdao Nexen Tire Corporation
15. Qingdao Qianzhen Tyre Co., Ltd.
16. Qingdao Qihang Tyre Co., Ltd.
17. Qingdao Qizhou Rubber Co., Ltd.
18. Shandong Changhong Rubber Tech
19. Shandong Good Forged Alum Wheel
20. Shandong Haohua Tire Co., Ltd.
21. Shandong Haolong Rubber Tire Co., Ltd.
22. Shandong Huitong Tyre Co., Ltd.
23. Shandong Sangong Rubber Co., Ltd.
24. Shangong Ogreen International Trade Co.,
Ltd.
25. Shifeng Juxing Tire Co., Ltd.
26. Southeast Mariner International Co., Ltd.
27. Toyo Tire (Zhangjiagang) Co., Ltd.
28. Wanli Group Trade Limited
29. Xiamen Sunrise Wheel Group Co., Ltd.
30. Xiamen Topu Import
31. Zhejiang Jingu Company Limited
32. Zhejiang Qingda Rubber Co., Ltd.
[FR Doc. 2018–05376 Filed 3–15–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck
Tires From the People’s Republic of
China: Final Results of Countervailing
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that the
mandatory respondents 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) and Cooper
(Kunshan) Tire Co., Ltd. (Cooper),
exporters of passenger vehicle and light
truck tires from the People’s Republic of
China (China) received countervailable
subsidies during the period of review
(POR) December 1, 2014, through
December 31, 2015. We also find that
Zhongce Rubber Group Company
Limited (Zhongce) received
countervailable subsidies during the
POR, based on adverse facts available.
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
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DATES:
Applicable March 16, 2018.
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.
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on September 7,
2017.1 On September 22, 2017, United
Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC (the
petitioner) submitted comments
regarding alleged deficiencies in the
record. In response to the petitioner’s
deficiency comments letter, on
September 28, 2017, Commerce issued
supplemental questionnaires to GITI
and Cooper. GITI and Cooper submitted
timely responses to the September 28,
2017, supplemental questionnaires on
October 13, 2017.
We invited interested parties to
comment on the Preliminary Results. On
November 22, 2017, we received case
briefs from the following interested
parties: Cooper; GITI; the petitioner; and
the Government of China (GOC). On
December 4, 2017, the Commerce
received timely rebuttal comments from
GITI, and on December 5, 2017, we
received timely rebuttal comments from
Cooper, the petitioner and the GOC. On
December 13, 2017, Commerce rejected
the case brief submitted by GITI because
we determined the brief contained
untimely new factual information. GITI
timely resubmitted its case brief on
December 15, 2017.
On December 8, 2017, in accordance
with section 751(a)(3)(A) of the Act,
Commerce extended the period for
issuing the final results of this review by
60 days, to March 6, 2018.2 Commerce
exercised its discretion to toll all
deadlines affected by the closure of the
Federal Government from January 20
through 22, 2018. If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
1 See 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, 82 FR 42287 (September 7, 2017)
(Preliminary Results).
2 See Commerce Memorandum, ‘‘Administrative
Review of the Countervailing Duty Order on
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Extension of Deadline
for Final Results,’’ (December 8, 2017).
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the final results of this review is now
March 9, 2018.3
Scope of the Order
The products covered by the order are
certain passenger vehicle and light truck
tires from China. A full description of
the scope of the order is contained in
the Issues and Decision Memorandum.4
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of the issues raised by
interested parties and to which we
responded in the Issues and Decision
Memorandum is provided in Appendix
I to this notice. 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).
ACCESS is available to registered users
at https://access.trade.gov and 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 access directly at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on case briefs, rebuttal briefs,
and all supporting documentation, we
made changes from the Preliminary
Results. Commerce has adjusted the
AFA rate applied to Zhongce, modified
its attribution of subsidies received by
various Cooper affiliates to Cooper,
adjusted the denominators for both
respondents, adjusted the synthetic
rubber and butadiene benchmarks for
GITI, adjusted the inland freight rates
used to construct the benchmark for
carbon black for both respondents, and
corrected various ministerial errors for
both respondents.
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days.
4 See ‘‘Decision Memorandum for the Final
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 (Issues and Decision Memorandum)
and hereby adopted by this notice.
E:\FR\FM\16MRN1.SGM
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Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices
Methodology
Commerce conducted this 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 to be countervailable, we find
that there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.5 For a full description of the
methodology underlying all of
Commerce’s conclusions, including any
determination that relied upon the use
of adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), we calculated a
countervailable subsidy rate for the
mandatory respondents, Cooper and
GITI, and a rate based on facts available
for Zhongce. For the non-selected
companies subject to this review,6 we
followed Commerce’s practice, which is
to base the subsidy rates on an average
of the subsidy rates calculated for those
companies selected for individual
review, excluding de minimis rates or
rates based entirely on adverse facts
available.7 In this case, for the nonselected companies, we have calculated
a rate by weight-averaging the
calculated subsidy rates of Cooper and
GITI using their publicly-ranged sales
data for exports of subject merchandise
to the United States during the POR. We
find the countervailable subsidy rates
for the producers/exporters under
review to be as follows:
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 ............................................................................................................................................
Disclosure
We will disclose to the parties in this
proceeding the calculations performed
for these final results within five days
of the date of publication of this notice
in the Federal Register.8
Assessment Rates
Consistent with 19 CFR 351.212(b)(2),
we intend to issue assessment
instructions to U.S. Customs and Border
Protection (CBP) 15 days after the date
of publication of these final results of
review, to liquidate shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption, on or
after December 1, 2014, through
December 31, 2015, at the ad valorem
rates listed above.
daltland on DSKBBV9HB2PROD with NOTICES
with 19 CFR 351.305(a)(3). Timely
written notification of the 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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: March 9, 2018.
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
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
List of Comments From Interested Parties
Scope of the Order
Changes Since the Preliminary Results
Non-Selected Companies Under Review
Subsidies Valuation Information
Allocation Period
Attribution of Subsidies
Denominators
Benchmarks and Discount Rates
Use of Facts Otherwise Available and
Adverse Inferences
Programs Determined To Be Countervailable
Programs Determined Not To Be Used or Not
To Confer Measurable Benefits During
the POR
Analysis of Comments
Comment 1: Zhongce’s AFA Rate
5 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.
6 See Appendix II.
7 See, e.g., Certain Pasta from Italy: Preliminary
Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 18806, 18811 (April
13, 2010), unchanged in Certain Pasta from Italy:
Final Results of the 13th (2008) Countervailing Duty
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, we intend to instruct CBP to
collect cash deposits of estimated
countervailing duties in the amounts
shown for each of the respective
companies listed above. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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20.68
16.16
119.46
19.13
Comment 2: Cooper’s 2014 Subsidies and
Sales
Comment 3: Cooper’s Resellers
Comment 4: GITI Companies’ Sales
Denominator
Comment 5. Inland Freight Rate for Carbon
Black Benchmark
Comment 6: Provision of Inputs for LTAR
Comment 7: Grade Specific Benchmarks
Comment 8: Income Tax Programs
Comment 9: Grant Programs
Comment 10: Rate for Non-Selected
Companies
Comment 11: RMB Denominated Loans for
GITI Chongqing
Comment 12: Reporting Errors in GITI’s
Loan Template
Comment 13: Cooper’s Former CrossOwned Affiliated Producer
Comment 14: Alleged Error in Cooper’s
Margin Calculation
Comment 15: CKT Acquired Land Benefit
Comment 16: Commerce’s Selection of
Pricing Benchmarks
Comment 17: Nylon Cord Benchmarks for
GITI
Comment 18: Ocean Freight and Import
Duties Added to Tier 1 or Tier 2
Benchmarks
Comment 19: Export Buyers Credit
Comment 20: Other Subsidies
Recommendation
Appendix—Non-Selected Companies Under
Review
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.,
Administrative Review, 75 FR 37386 (June 29,
2010).
8 See 19 CFR 351.224(b).
E:\FR\FM\16MRN1.SGM
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Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices
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. 2018–05377 Filed 3–15–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF869
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Rocky Intertidal
Monitoring Surveys Along the Oregon
and California Coasts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
SUMMARY:
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21:54 Mar 15, 2018
Jkt 244001
that NMFS has issued an incidental
harassment authorization (IHA) to the
Partnership for Interdisciplinary Study
of Coastal Oceans (PISCO) at the
University of California Santa Cruz
(UCSC) to incidentally harass, by Level
B harassment only, marine mammals
during rocky intertidal monitoring
surveys.
DATES: This Authorization is effective
from March 12, 2018, through March 11,
2019.
FOR FURTHER INFORMATION CONTACT: Rob
Pauline, Office of Protected Resources,
NMFS, (301) 427–8401. Electronic
copies of the application and supporting
documents, as well as a list of the
references cited in this document, may
be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/research.htm. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
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Fmt 4703
Sfmt 4703
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
incidental harassment authorization)
with respect to potential impacts on the
human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (CE B4)
(incidental harassment authorizations
with no anticipated serious injury or
mortality) of the Companion Manual for
NOAA Administrative Order 216–6A,
which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS has determined that the issuance
of the IHA qualifies to be categorically
excluded from further NEPA review.
Summary of Request
On September 26, 2017, NMFS
received a request from PISCO for an
IHA to take marine mammals incidental
to rocky intertidal monitoring surveys
along the Oregon and California coasts.
PISCO’s request is for take of California
sea lions (Zalophus californianus),
harbor seals (Phoca vitulina richardii),
and northern elephant seals (Mirounga
angustirostris). Take is anticipated to
result from the specified activity by
Level B harassment only. Neither PISCO
nor NMFS expect mortality to result
from this activity and, therefore, an IHA
is appropriate.
This IHA would cover one year of a
larger project for which PISCO obtained
prior IHAs. This multiyear annual
survey involves surveying rocky
intertidal zones in a number of locations
in Oregon and California. NMFS has
previously issued five IHAs for this
ongoing survey project (77 FR 72327,
December 5, 2012; 78 FR 79403,
December 30, 2013; 79 FR 73048,
December 9, 2014; 81 FR 7319, February
2, 2016; 82 FR 12568, March 6, 2017).
PISCO complied with all the
requirements (e.g., mitigation,
monitoring, and reporting) of the
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Agencies
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11694-11696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05377]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Countervailing Duty Order on Certain Passenger Vehicle and Light
Truck Tires From the People's Republic of China: Final Results of
Countervailing Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
mandatory respondents 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) and Cooper (Kunshan) Tire Co.,
Ltd. (Cooper), exporters of passenger vehicle and light truck tires
from the People's Republic of China (China) received countervailable
subsidies during the period of review (POR) December 1, 2014, through
December 31, 2015. We also find that Zhongce Rubber Group Company
Limited (Zhongce) received countervailable subsidies during the POR,
based on adverse facts available.
DATES: Applicable March 16, 2018.
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.
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on September 7, 2017.\1\ On September
22, 2017, United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union, AFL-
CIO, CLC (the petitioner) submitted comments regarding alleged
deficiencies in the record. In response to the petitioner's deficiency
comments letter, on September 28, 2017, Commerce issued supplemental
questionnaires to GITI and Cooper. GITI and Cooper submitted timely
responses to the September 28, 2017, supplemental questionnaires on
October 13, 2017.
---------------------------------------------------------------------------
\1\ See 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, 82 FR
42287 (September 7, 2017) (Preliminary Results).
---------------------------------------------------------------------------
We invited interested parties to comment on the Preliminary
Results. On November 22, 2017, we received case briefs from the
following interested parties: Cooper; GITI; the petitioner; and the
Government of China (GOC). On December 4, 2017, the Commerce received
timely rebuttal comments from GITI, and on December 5, 2017, we
received timely rebuttal comments from Cooper, the petitioner and the
GOC. On December 13, 2017, Commerce rejected the case brief submitted
by GITI because we determined the brief contained untimely new factual
information. GITI timely resubmitted its case brief on December 15,
2017.
On December 8, 2017, in accordance with section 751(a)(3)(A) of the
Act, Commerce extended the period for issuing the final results of this
review by 60 days, to March 6, 2018.\2\ Commerce exercised its
discretion to toll all deadlines affected by the closure of the Federal
Government from January 20 through 22, 2018. If the new deadline falls
on a non-business day, in accordance with Commerce's practice, the
deadline will become the next business day. The revised deadline for
the final results of this review is now March 9, 2018.\3\
---------------------------------------------------------------------------
\2\ See Commerce Memorandum, ``Administrative Review of the
Countervailing Duty Order on Passenger Vehicle and Light Truck Tires
from the People's Republic of China: Extension of Deadline for Final
Results,'' (December 8, 2017).
\3\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain passenger vehicle and
light truck tires from China. A full description of the scope of the
order is contained in the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See ``Decision Memorandum for the Final 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 (Issues
and Decision Memorandum) and hereby adopted by this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
the issues raised by interested parties and to which we responded in
the Issues and Decision Memorandum is provided in Appendix I to this
notice. 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).
ACCESS is available to registered users at https://access.trade.gov and
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 access directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on case briefs, rebuttal briefs, and all supporting
documentation, we made changes from the Preliminary Results. Commerce
has adjusted the AFA rate applied to Zhongce, modified its attribution
of subsidies received by various Cooper affiliates to Cooper, adjusted
the denominators for both respondents, adjusted the synthetic rubber
and butadiene benchmarks for GITI, adjusted the inland freight rates
used to construct the benchmark for carbon black for both respondents,
and corrected various ministerial errors for both respondents.
[[Page 11695]]
Methodology
Commerce conducted this 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 to be countervailable, we find that there
is a subsidy, i.e., a financial contribution from a government or
public entity that gives rise to a benefit to the recipient, and that
the subsidy is specific.\5\ For a full description of the methodology
underlying all of Commerce's conclusions, including any determination
that relied upon the use of adverse facts available pursuant to
sections 776(a) and (b) of the Act, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\5\ 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.
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Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), we calculated a
countervailable subsidy rate for the mandatory respondents, Cooper and
GITI, and a rate based on facts available for Zhongce. For the non-
selected companies subject to this review,\6\ we followed Commerce's
practice, which is to base the subsidy rates on an average of the
subsidy rates calculated for those companies selected for individual
review, excluding de minimis rates or rates based entirely on adverse
facts available.\7\ In this case, for the non-selected companies, we
have calculated a rate by weight-averaging the calculated subsidy rates
of Cooper and GITI using their publicly-ranged sales data for exports
of subject merchandise to the United States during the POR. We find the
countervailable subsidy rates for the producers/exporters under review
to be as follows:
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\6\ See Appendix II.
\7\ See, e.g., Certain Pasta from Italy: Preliminary Results of
the 13th (2008) Countervailing Duty Administrative Review, 75 FR
18806, 18811 (April 13, 2010), unchanged in Certain Pasta from
Italy: Final Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386 (June 29, 2010).
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
GITI Tire Global Trading Pte. Ltd./GITI Tire (USA) Ltd./ 20.68
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)................ 16.16
Zhongce Rubber Group Company Limited.................... 119.46
Non-Selected Companies Under Review..................... 19.13
------------------------------------------------------------------------
Disclosure
We will disclose to the parties in this proceeding the calculations
performed for these final results within five days of the date of
publication of this notice in the Federal Register.\8\
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\8\ See 19 CFR 351.224(b).
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Assessment Rates
Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment
instructions to U.S. Customs and Border Protection (CBP) 15 days after
the date of publication of these final results of review, to liquidate
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption, on or after December 1, 2014, through December 31,
2015, at the ad valorem rates listed above.
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, we intend to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (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 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 9, 2018.
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 Issues and Decision Memorandum
Summary
Background
List of Comments From Interested Parties
Scope of the Order
Changes Since the Preliminary Results
Non-Selected Companies Under Review
Subsidies Valuation Information
Allocation Period
Attribution of Subsidies
Denominators
Benchmarks and Discount Rates
Use of Facts Otherwise Available and Adverse Inferences
Programs Determined To Be Countervailable
Programs Determined Not To Be Used or Not To Confer Measurable
Benefits During the POR
Analysis of Comments
Comment 1: Zhongce's AFA Rate
Comment 2: Cooper's 2014 Subsidies and Sales
Comment 3: Cooper's Resellers
Comment 4: GITI Companies' Sales Denominator
Comment 5. Inland Freight Rate for Carbon Black Benchmark
Comment 6: Provision of Inputs for LTAR
Comment 7: Grade Specific Benchmarks
Comment 8: Income Tax Programs
Comment 9: Grant Programs
Comment 10: Rate for Non-Selected Companies
Comment 11: RMB Denominated Loans for GITI Chongqing
Comment 12: Reporting Errors in GITI's Loan Template
Comment 13: Cooper's Former Cross-Owned Affiliated Producer
Comment 14: Alleged Error in Cooper's Margin Calculation
Comment 15: CKT Acquired Land Benefit
Comment 16: Commerce's Selection of Pricing Benchmarks
Comment 17: Nylon Cord Benchmarks for GITI
Comment 18: Ocean Freight and Import Duties Added to Tier 1 or
Tier 2 Benchmarks
Comment 19: Export Buyers Credit
Comment 20: Other Subsidies
Recommendation
Appendix--Non-Selected Companies Under Review
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.,
[[Page 11696]]
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. 2018-05377 Filed 3-15-18; 8:45 am]
BILLING CODE 3510-DS-P