Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2015, 16055-16058 [2018-07721]

Download as PDF Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2) of the Tariff Act of 1930, as amended (the Act): (1) The cash deposit rate for respondents noted above will be the rate established in the final Weightedresults of this administrative review; (2) average for merchandise exported by Producer/exporter dumping manufacturers or exporters not covered margin in this administrative review but (percent) covered in a prior segment of the Navneet Education Ltd ......... 1.34 proceeding, the cash deposit rate will SAB International .................. 0.00 continue to be the company specific rate Kokuyo Riddhi Paper Prodpublished for the most recently ucts Pvt. Ltd ...................... 1.34 completed segment of this proceeding; Magic International Pvt. Ltd .. 1.34 Pioneer Stationery Pvt Ltd ... 1.34 (3) if the exporter is not a firm covered SGM Paper Products ........... 1.34 in this review, a prior review, or the Super Impex ......................... 1.34 original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most Duty Assessment recently completed segment of this Commerce shall determine and proceeding for the manufacturer of the Customs and Border Protection (CBP) subject merchandise; and (4) the cash shall assess antidumping duties on all deposit rate for all other manufacturers 10 Specifically, for appropriate entries. or exporters will continue to be 3.91 Navneet and SAB, we will instruct CBP percent, the all-others rate established to liquidate their entries during the POR in the original antidumping duty imported by the importers (or investigation.13 These cash deposit customers) identified in their requirements, when imposed, shall questionnaire responses without regard remain in effect until further notice. to antidumping duties because their weighted-average dumping margins in Notification to Importers Regarding the these final results is zero.11 In Reimbursement of Duties accordance with Commerce’s practice, This notice also serves as a final for entries of subject merchandise reminder to importers of their during the POR for which Navneet or responsibility under 19 CFR 351.402(f) SAB did not know that the merchandise to file a certificate regarding the was destined for the United States, we reimbursement of antidumping and/or will instruct CBP to liquidate such countervailing duties prior to entries at the all-others rate if there is no liquidation of the relevant entries company-specific rate for the during the POR. Failure to comply with intermediate company(ies) involved in this requirement could result in the transaction.12 We intend to issue Commerce’s presumption that assessment instructions directly to CBP reimbursement of antidumping and/or 15 days after publication of the final countervailing duties occurred and the results of this review. subsequent assessment of doubled antidumping duties. Cash Deposit Requirements Administrative Protective Order The following cash deposit requirements will be effective upon This notice also serves as a reminder publication of the notice of final results to parties subject to administrative of administrative review for all protective orders (APO) of their responsibility concerning the return or 9 See Albemarle Corp. & Subsidiaries v. United destruction of proprietary information States, 821 F.3d 1345, 1351–53 (Fed. Cir. 2016) disclosed under APO in accordance (Albemarle). with 19 CFR 351.305(a)(3), which 10 In these final results, Commerce applied the continues to govern business assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the proprietary information in this segment daltland on DSKBBV9HB2PROD with NOTICES margins for Navneet and SAB. We are applying to the non-selected companies the rates calculated for the mandatory respondents in these final results, excluding any zero and de minimis margins, as referenced below.9 Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews). 11 Id., 77 FR at 8102. 12 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 17:41 Apr 12, 2018 Jkt 244001 13 See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People’s Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People’s Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 16055 of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: April 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 List of Topics Discussed in the Final Decision Memorandum I. Summary II. List of Comments III. Background IV. Scope of the Order V. Analysis of Comments Comments Concerning Navneet 1. Whether Commerce Should Reclassify Navneet’s Reported Levels of Trade 2. Whether Commerce Should Grant Navneet’s Claimed Duty Drawback Adjustment 3. Whether Commerce Should Grant an Adjustment for Defective Product Claims Reported in the Other Rebates Field 4. Treatment of Navneet’s Excise Expense and Local Body Tax in Home Market Price and Cost Calculation 5. Whether Commerce Should Correct the Miscoded PRIMEU Field Comment Concerning SAB 6. Whether Certain Chain Stores Who May Be the Importer of Record Should Be Included in the Liquidation Instructions VI. Recommendation [FR Doc. 2018–07724 Filed 4–12–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–913] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 6, 2017, the Department of Commerce (Commerce) published the preliminary results of the administrative review of the countervailing duty order on certain new pneumatic off-the-road tires (OTR AGENCY: E:\FR\FM\13APN1.SGM 13APN1 16056 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices Tires) from the People’s Republic of China (China). In the final results, Commerce has made changes to the subsidy rates that were preliminary determined for Guizhou Tyre for the period of review (POR) from January 1, 2015, through December 31, 2015. DATES: Applicable April 13, 2018. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Jun Jack Zhao, AD/ CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5484 or (202) 482–1396. daltland on DSKBBV9HB2PROD with NOTICES Background Commerce published the preliminary results of the administrative review of the countervailing duty order on certain new pneumatic off-the-road tires (OTR Tires) from China on October 6, 2017.1 In this review we individually examined two companies as mandatory respondents: Guizhou Tyre Co., Ltd. (Guizhou Tyre) and Xuzhou Xugong Tyres Co., Ltd. (Xuzhou Xugong). The period of review (POR) is January 1, 2015, through December 31, 2015. In the Preliminary Results we preliminarily applied total adverse facts available with regard to Xuzhou Xugong after it withdrew from participating in this review.2 No interested party commented on Commerce’s preliminary determination with respect to Xuzhou Xugong. Accordingly, our determination remains unchanged for these final results. However, based on an analysis of the comments received, Commerce has made certain changes to the subsidy rates that were preliminary determined for Guizhou Tyre. The final subsidy rates are listed in the ‘‘Final Results of Administrative Review’’ section below. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. Accordingly, the revised deadline for the final results of this review was tolled to April 9, 2018. Scope of the Order The products covered by the scope are new pneumatic tires designed for offthe-road (OTR) and off-highway use. The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30, 1 See Certain New Pneumatic Off-The-Road Tires from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2015, 82 FR 46754 (October 6, 2017) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See PDM at 7–8. VerDate Sep<11>2014 17:41 Apr 12, 2018 Jkt 244001 4011.20.50.50, 4011.70.0010, 4011.62.00.00, 4011.80.1020, 4011.90.10, 4011.70.0050, 4011.80.1010, 4011.80.1020, 4011.80.2010, 4011.80.2020, 4011.80.8010, and 4011.80.8020. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope, which is contained in the accompanying Issues and Decision Memorandum, is dispositive.3 Analysis of Comments Received The issues raised by Guizhou Tyre, the Government of the People’s Republic of China (GOC), and Titan Tire Corporation (Titan) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO–CLC (the USW) (collectively, the Petitioners) in their case and rebuttal briefs are addressed in the Issues and Decision Memorandum.4 The issues are identified in the Appendix 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 http://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 accessed directly on the internet at http://trade.gov/ enforcement/frn/index.html. The signed Issues and Decision Memorandum and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on the comments received from all interested parties, we have made revisions to some of our benefit calculations for Guizhou Tyre. For a discussion of these issues, see the Issues and Decision Memorandum. 3 For a full description of the scope of the order, see Memorandum from James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Gary Taverman, Deputy Assistant Secretary for Enforcement and Compliance performing the duties of Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Results in the Countervailing Duty Review of Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China; 2015,’’ dated concurrently with this notice and herein incorporated by reference (Issues and Decision Memorandum). 4 See Issues and Decision Memorandum at 9–14. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 we found to be countervailable, we determined that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a description of the methodology underlying all of Commerce’s conclusions, see the Issues and Decision Memorandum. Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), we determined a countervailable subsidy rate for the period January 1, 2015, through December 31, 2015, for Guizhou Tyre, and a rate based on total AFA for Xuzhou Xugong. For the companies for which a review was requested but not selected for individual examination as mandatory respondents and which we are not finding to be cross-owned with the mandatory company respondents, we followed Commerce’s practice, pursuant to 705(c)(5)(A)(i) of the Act, which is to base the subsidy rates on an average of the subsidy rates calculated, excluding de minimis rates or rates based entirely on adverse facts available.6 Therefore, we are basing the subsidy rate for the non-selected companies on the subsidy rate calculated for Guizhou Tyre. For a list of these non-selected companies, please see Appendix II to this notice. We find the countervailable subsidy rates for the producers/exporters under review to be as follows: Manufacturer/exporter Guizhou Tyre Co., Ltd./ Guizhou Tyre Import & Export Co., Ltd ...................... Xuzhou Xugong Tyres Co., Ltd. .................................... Non-Selected Companies Under Review ................... Subsidy rate (percent ad valorem) 31.49 91.94 31.49 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, 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). E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices Assessment and Cash Deposit Requirements In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) 15 days after publication of the final results of this review. Commerce will instruct CBP to liquidate shipments of subject merchandise produced and/or exported by the companies listed above, entered or withdrawn from warehouse, for consumption from January 1, 2015, through December 31, 2015, at the percent rates, as listed above for each of the respective companies, of the entered value. Commerce intends also to instruct CBP to collect cash deposits of estimated countervailing duties, 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. Administrative Protective Order daltland on DSKBBV9HB2PROD with NOTICES This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibilities concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. 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 violation which is subject to sanction. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 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 I. Summary II. Background VerDate Sep<11>2014 17:41 Apr 12, 2018 Jkt 244001 A. Case History B. Period of Review III. Scope of the Investigation IV. Changes Since the Preliminary Results V. Non-Selected Companies Under Review VI. Subsidies Valuation Information A. Allocation Period B. Attribution of Subsidies C. Denominator D. Benchmarks and Discount Rates VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Analysis of Programs A. Programs Determined To Be Countervailable B. Programs Determined To Be Not Used During the POR C. Programs Determined To Provide No Benefit During the POR IX. Final Results of Review X. Analysis of Comments Comment 1 Whether Commerce Should Use Guizhou Tyre’s Imports as Tier 1 Benchmarks for Synthetic Rubber Comment 2 Whether Certain Benchmarks Used by Commerce in the Preliminary Results Double-Counted Freight and Import Duties Comment 3 Whether Commerce Should Countervail Certain Synthetic Rubber Produced by Certain Foreign Companies Comment 4 Whether Commerce Should Find the Export Buyer’s Credit Program Used in This Case Comment 5 Whether the GOC’s Import Duty and VAT Exemptions on Imports of Raw Materials Program (Processing Trade Program) Is Countervailable VIII. Conclusion Appendix Appendix II Non-Selected Companies 1. Aeolus Tyre Co., Ltd. 2. Air Sea Transport Inc 3. Air Sea Worldwide Logistics Ltd 4. AM Global Shipping Lines 5. Apex Maritime Co Ltd 6. Apex Maritime Thailand Co Ltd 7. BDP Intl LTD China 8. Beijing Kang Jie Kong Intl Cargo Agent Co Ltd 9. C&D Intl Freight Forward Inc 10. Caesar Intl Logistics Co Ltd 11. Caterpillar & Paving Products Xuzhou Ltd 12. CH Robinson Freight Services China LTD 13. Changzhou Kafurter Machinery Co Ltd 14. Cheng Shin Rubber (Xiamen) Ind Ltd 15. China Intl Freight Co Ltd 16. Chonche Auto Double Happiness Tyre Corp Ltd 17. City Ocean Logistics Co Ltd 18. Consolidator Intl Co Ltd 19. Crowntyre Industrial Co. Ltd 20. CTS Intl Logistics Corp 21. Daewoo Intl Corp 22. De Well Container Shipping Inc 23. Double Coin Holdings Ltd; Double Coin Group Shanghai Donghai Tyre Co., Ltd; and Double Coin Group Rugao Tyre Co., Ltd. (collectively ‘‘Double Coin’’) 24. England Logistics (Qingdao) Co Ltd 25. Extra Type Co Ltd 26. Fedex International Freight Forwarding Services Shanghai Co Ltd 27. FG Intl Logistics Ltd PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 16057 28. Global Container Line 29. Honour Lane Shipping 30. Innova Rubber Co., Ltd. 31. Inspire Intl Enterprise Co Ltd 32. JHJ Intl Transportation Co 33. Jiangsu Feichi Co. Ltd. 34. Kenda Rubber (China) Co Ltd 35. KS Holding Limited/KS Resources Limited 36. Laizhou Xiongying Rubber Industry Co., Ltd. 37. Landmax Intl Co Ltd 38. LF Logistics China Co Ltd 39. Mai Shandong Radial Tyre Co., Ltd. 40. Maine Industrial Tire LLC 41. Master Intl Logistics Co Ltd 42. Melton Tire Co. Ltd 43. Merityre Specialists Ltd 44. Mid-America Overseas Shanghai Ltd 45. Omni Exports Ltd 46. Orient Express Container Co Ltd 47. Oriental Tyre Technology Limited 48. Pudong Prime Intl Logistics Inc 49. Q&J Industrial Group Co Ltd 50. Qingdao Aotai Rubber Co Ltd 51. Qingdao Apex Shipping 52. Qingdao Chengtai Handtruck Co Ltd 53. Qingdao Chunangtong Founding Co Ltd 54. Qingdao Free Trade Zone Full-World International Trading Co., Ltd. 55. Qingdao Haojia (Xinhai) Tyre Co. 56. Qingdao Haomai Hongyi Mold Co Ltd 57. Qingdao J&G Intl Trading Co Ltd 58. Qingdao Jinhaoyang International Co. Ltd 59. Qingdao Kaoyoung Intl Logistics Co Ltd 60. Qingdao Milestone Tyres Co Ltd. 61. Qingdao Nexen Co Ltd 62. Qingdao Qihang Tyre Co. 63. Qingdao Qizhou Rubber Co., Ltd. 64. Qingdao Shijikunyuan Intl Co Ltd 65. Qingdao Sinorient International Ltd. 66. Qingdao Taifa Group Imp. And Exp. Co., Ltd./Qingdao Taifa Group Co., Ltd. 67. Qingdao Wonderland 68. Qingdao Zhenhua Barrow Manufacturing Co., Ltd. 69. Rich Shipping Company 70. RS Logistics Ltd 71. Schenker China Ltd 72. Seastar Intl Enterprise Ltd 73. SGL Logistics South China Ltd 74. Shandong Huitong Tyre Co., Ltd. 75. Shandong Linglong Tyre Co., Ltd. 76. Shandong Taishan Tyre Co. Ltd. 77. Shanghai Cartec Industrial & Trading Co Ltd 78. Shanghai Grand Sound Intl Transportation Co Ltd 79. Shanghai Hua Shen Imp & Exp Co Ltd 80. Shanghai Part-Rich Auto Parts Co Ltd 81. Shanghai TCH Metals & Machinery Co Ltd 82. Shantou Zhisheng Plastic Co Ltd 83. Shiyan Desizheng Industry & Trade Co., Ltd. 84. Techking Tires Limited 85. Thi Group (Shanghai) Ltd 86. Tianjin Leviathan International Trade Co., Ltd. 87. Tianjin United Tire & Rubber International Co., Ltd. 88. Tianjin Wanda Tyre Group Co. 89. Tianshui Hailin Import and Export Corporation 90. Tiremart Qingdao Inc 91. Translink Shipping Inc E:\FR\FM\13APN1.SGM 13APN1 16058 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices 92. Trelleborg Wheel Systems (Xingtai) China, Co. Ltd. 93. Trelleborg Wheel Systems Hebei Co 94. Triangle Tyre Co. Ltd. 95. Universal Shipping Inc 96. UTI China Ltd 97. Weifang Jintongda Tyre Co., Ltd. 98. Weihai Zhongwei Rubber Co., Ltd. 99. Weiss-Rohlig China Co Ltd 100. World Bridge Logistics Co Ltd 101. World Tyres Ltd. 102. Xiamen Ying Hong Import & Export Trade Co Ltd 103. Xuzhou Xugong Tyres Co Ltd; Xuzhou Armour Rubber Company Ltd.; HK Lande International Investment Limited; Armour Tires Inc. (collectively ‘‘Xugong’’) 104. Yoho Holding 105. Zheijiang Wheel World Industrial Co Ltd 106. Zhejiang Xinchang Zhongya Industry Co., Ltd. 107. Zhongce Rubber Group Company Limited 108. ZPH Industrial Ltd [FR Doc. 2018–07721 Filed 4–12–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration U.S. Department of Commerce Trade Finance Advisory Council International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The U.S. Department of Commerce Trade Finance Advisory Council (TFAC or Council) will hold a meeting via teleconference on Thursday, April 26, 2018. The meeting is open to the public with registration instructions provided below. DATES: Thursday, April 26, 2018, from approximately 12:00 p.m. to 2:00 p.m. Eastern Daylight Time (EDT). The deadline for members of the public to register, including requests to make comments during the meeting and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5:00 p.m. EDT on April 19, 2018. Members of the public are encouraged to submit registration requests and written comments via email to ensure timely receipt. ADDRESSES: The meeting will be held by conference call. The call-in number and passcode will be provided by email to registrants. Requests to register (including for auxiliary aids) and any written comments should be submitted via email to TFAC@trade.gov, or by mail to Ericka Ukrow, Office of Finance and Insurance Industries, U.S. Department of Commerce Trade Finance Advisory daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:41 Apr 12, 2018 Jkt 244001 Council, Room 18002, 1401 Constitution Avenue NW, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Ericka Ukrow, Designated Federal Officer, Office of Finance and Insurance Industries (OFII), International Trade Administration, U.S. Department of Commerce at (202) 482–0405; email: Ericka.Ukrow@trade.gov. SUPPLEMENTARY INFORMATION: I. Background On July 25, 2016, the Secretary of Commerce established the TFAC pursuant to discretionary authority and in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. App. The TFAC advises the Secretary of Commerce in identifying effective ways to help expand access to finance for U.S. exporters, especially small- and medium-sized enterprises (SMEs) and their foreign buyers. The TFAC also provides a forum to facilitate the discussion between a diverse group of stakeholders such as banks, non-bank financial institutions, other trade finance related organizations, and exporters, to gain a better understanding regarding current challenges facing U.S. exporters in accessing capital. During the meeting on April 26, 2018, TFAC members are expected to deliberate and potentially adopt recommendations on policies and programs that can increase awareness of, and expand access to, private export financing resources for U.S. exporters. A copy of the draft recommendations can be made available upon request to Ericka Ukrow at (202) 482–0405; email: Ericka.Ukrow@trade.gov. Public Participation The meeting will be open to the public and will be accessible to people with disabilities. All guests are required to register in advance by the deadline identified under the DATES caption. Requests to register (including to speak or for auxiliary aids) and any written comments should be submitted, by the registration deadline, as explained under the ADDRESSES caption. Last minute requests will be accepted, but may not be possible to fill. There will be fifteen minutes allotted for oral comments from members of the public. To accommodate as many speakers as possible, the time for public comments may be limited to three (3) minutes per person. Individuals wishing to reserve speaking time during the meeting must submit a request at the time of registration, as well as the name and address of the proposed speaker. Speakers are requested to submit a PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 written copy of their prepared remarks by 5:00 p.m. EDT on April 19, 2018, for inclusion in the meeting records and for circulation to the members of the Council. Any member of the public may submit pertinent written comments concerning matters relevant to the TFAC’s affairs at any time. Comments may be submitted to Ericka Ukrow. Comments received after the DEADLINE above will be distributed to the members but may not be considered on the call. All comments and statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Comments and statements will be posted on the U.S. Department of Commerce Trade Finance Advisory Council website (http://trade.gov/TFAC) without change, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers. You should submit only information that you are prepared to have made publicly available. II. Meeting Minutes Copies of TFAC meeting minutes will be available within 90 days of the meeting. Dated: April 6, 2018. Michael Fuchs, Trade and Project Finance Team Leader, Office of Finance and Insurance Industries. [FR Doc. 2018–07660 Filed 4–12–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG134 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application from the Commercial Fisheries Research Foundation and Rhode Island Department of Environmental Management contains all of the required information and warrants further consideration. This Exempted Fishing SUMMARY: E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Notices]
[Pages 16055-16058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07721]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-913]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Final Results of Countervailing Duty Administrative 
Review; 2015

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

SUMMARY: On October 6, 2017, the Department of Commerce (Commerce) 
published the preliminary results of the administrative review of the 
countervailing duty order on certain new pneumatic off-the-road tires 
(OTR

[[Page 16056]]

Tires) from the People's Republic of China (China). In the final 
results, Commerce has made changes to the subsidy rates that were 
preliminary determined for Guizhou Tyre for the period of review (POR) 
from January 1, 2015, through December 31, 2015.

DATES: Applicable April 13, 2018.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Jun Jack Zhao, AD/
CVD Operations, Office VII, Enforcement and Compliance, U.S. Department 
of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; 
telephone: (202) 482-5484 or (202) 482-1396.

Background

    Commerce published the preliminary results of the administrative 
review of the countervailing duty order on certain new pneumatic off-
the-road tires (OTR Tires) from China on October 6, 2017.\1\ In this 
review we individually examined two companies as mandatory respondents: 
Guizhou Tyre Co., Ltd. (Guizhou Tyre) and Xuzhou Xugong Tyres Co., Ltd. 
(Xuzhou Xugong). The period of review (POR) is January 1, 2015, through 
December 31, 2015. In the Preliminary Results we preliminarily applied 
total adverse facts available with regard to Xuzhou Xugong after it 
withdrew from participating in this review.\2\ No interested party 
commented on Commerce's preliminary determination with respect to 
Xuzhou Xugong. Accordingly, our determination remains unchanged for 
these final results. However, based on an analysis of the comments 
received, Commerce has made certain changes to the subsidy rates that 
were preliminary determined for Guizhou Tyre. The final subsidy rates 
are listed in the ``Final Results of Administrative Review'' section 
below.
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    \1\ See Certain New Pneumatic Off-The-Road Tires from the 
People's Republic of China: Preliminary Results of Countervailing 
Duty Administrative Review; 2015, 82 FR 46754 (October 6, 2017) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See PDM at 7-8.
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
Accordingly, the revised deadline for the final results of this review 
was tolled to April 9, 2018.

Scope of the Order

    The products covered by the scope are new pneumatic tires designed 
for off-the-road (OTR) and off-highway use. The subject merchandise is 
currently classifiable under Harmonized Tariff Schedule of the United 
States (``HTSUS'') subheadings: 4011.20.10.25, 4011.20.10.35, 
4011.20.50.30, 4011.20.50.50, 4011.70.0010, 4011.62.00.00, 
4011.80.1020, 4011.90.10, 4011.70.0050, 4011.80.1010, 4011.80.1020, 
4011.80.2010, 4011.80.2020, 4011.80.8010, and 4011.80.8020. While HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope, which is contained in the 
accompanying Issues and Decision Memorandum, is dispositive.\3\
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    \3\ For a full description of the scope of the order, see 
Memorandum from James Maeder, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations performing the 
duties of Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Gary Taverman, Deputy Assistant 
Secretary for Enforcement and Compliance performing the duties of 
Assistant Secretary for Enforcement and Compliance, ``Issues and 
Decision Memorandum for the Final Results in the Countervailing Duty 
Review of Certain New Pneumatic Off-the-Road Tires from the People's 
Republic of China; 2015,'' dated concurrently with this notice and 
herein incorporated by reference (Issues and Decision Memorandum).
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Analysis of Comments Received

    The issues raised by Guizhou Tyre, the Government of the People's 
Republic of China (GOC), and Titan Tire Corporation (Titan) and the 
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO-CLC (the 
USW) (collectively, the Petitioners) in their case and rebuttal briefs 
are addressed in the Issues and Decision Memorandum.\4\ The issues are 
identified in the Appendix 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 http://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 accessed directly on the internet at http://trade.gov/enforcement/frn/index.html. The signed Issues and Decision Memorandum and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \4\ See Issues and Decision Memorandum at 9-14.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on the comments received from all interested parties, we have 
made revisions to some of our benefit calculations for Guizhou Tyre. 
For a discussion of these issues, see the Issues and Decision 
Memorandum.

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 we found to be countervailable, we determined 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\5\ For a description of the methodology 
underlying all of Commerce's conclusions, 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.
---------------------------------------------------------------------------

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), we determined a 
countervailable subsidy rate for the period January 1, 2015, through 
December 31, 2015, for Guizhou Tyre, and a rate based on total AFA for 
Xuzhou Xugong. For the companies for which a review was requested but 
not selected for individual examination as mandatory respondents and 
which we are not finding to be cross-owned with the mandatory company 
respondents, we followed Commerce's practice, pursuant to 
705(c)(5)(A)(i) of the Act, which is to base the subsidy rates on an 
average of the subsidy rates calculated, excluding de minimis rates or 
rates based entirely on adverse facts available.\6\ Therefore, we are 
basing the subsidy rate for the non-selected companies on the subsidy 
rate calculated for Guizhou Tyre. For a list of these non-selected 
companies, please see Appendix II to this notice.
---------------------------------------------------------------------------

    \6\ 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).
---------------------------------------------------------------------------

    We find the countervailable subsidy rates for the producers/
exporters under review to be as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
------------------------------------------------------------------------
Guizhou Tyre Co., Ltd./Guizhou Tyre Import & Export Co.,           31.49
 Ltd....................................................
Xuzhou Xugong Tyres Co., Ltd............................           91.94
Non-Selected Companies Under Review.....................           31.49
------------------------------------------------------------------------


[[Page 16057]]

Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) 15 
days after publication of the final results of this review. Commerce 
will instruct CBP to liquidate shipments of subject merchandise 
produced and/or exported by the companies listed above, entered or 
withdrawn from warehouse, for consumption from January 1, 2015, through 
December 31, 2015, at the percent rates, as listed above for each of 
the respective companies, of the entered value.
    Commerce intends also to instruct CBP to collect cash deposits of 
estimated countervailing duties, 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.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibilities 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 violation which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 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

I. Summary
II. Background
    A. Case History
    B. Period of Review
III. Scope of the Investigation
IV. Changes Since the Preliminary Results
V. Non-Selected Companies Under Review
VI. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Denominator
    D. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
    A. Programs Determined To Be Countervailable
    B. Programs Determined To Be Not Used During the POR
    C. Programs Determined To Provide No Benefit During the POR
IX. Final Results of Review
X. Analysis of Comments
    Comment 1 Whether Commerce Should Use Guizhou Tyre's Imports as 
Tier 1 Benchmarks for Synthetic Rubber
    Comment 2 Whether Certain Benchmarks Used by Commerce in the 
Preliminary Results Double-Counted Freight and Import Duties
    Comment 3 Whether Commerce Should Countervail Certain Synthetic 
Rubber Produced by Certain Foreign Companies
    Comment 4 Whether Commerce Should Find the Export Buyer's Credit 
Program Used in This Case
    Comment 5 Whether the GOC's Import Duty and VAT Exemptions on 
Imports of Raw Materials Program (Processing Trade Program) Is 
Countervailable
VIII. Conclusion
Appendix

Appendix II

Non-Selected Companies

1. Aeolus Tyre Co., Ltd.
2. Air Sea Transport Inc
3. Air Sea Worldwide Logistics Ltd
4. AM Global Shipping Lines
5. Apex Maritime Co Ltd
6. Apex Maritime Thailand Co Ltd
7. BDP Intl LTD China
8. Beijing Kang Jie Kong Intl Cargo Agent Co Ltd
9. C&D Intl Freight Forward Inc
10. Caesar Intl Logistics Co Ltd
11. Caterpillar & Paving Products Xuzhou Ltd
12. CH Robinson Freight Services China LTD
13. Changzhou Kafurter Machinery Co Ltd
14. Cheng Shin Rubber (Xiamen) Ind Ltd
15. China Intl Freight Co Ltd
16. Chonche Auto Double Happiness Tyre Corp Ltd
17. City Ocean Logistics Co Ltd
18. Consolidator Intl Co Ltd
19. Crowntyre Industrial Co. Ltd
20. CTS Intl Logistics Corp
21. Daewoo Intl Corp
22. De Well Container Shipping Inc
23. Double Coin Holdings Ltd; Double Coin Group Shanghai Donghai 
Tyre Co., Ltd; and Double Coin Group Rugao Tyre Co., Ltd. 
(collectively ``Double Coin'')
24. England Logistics (Qingdao) Co Ltd
25. Extra Type Co Ltd
26. Fedex International Freight Forwarding Services Shanghai Co Ltd
27. FG Intl Logistics Ltd
28. Global Container Line
29. Honour Lane Shipping
30. Innova Rubber Co., Ltd.
31. Inspire Intl Enterprise Co Ltd
32. JHJ Intl Transportation Co
33. Jiangsu Feichi Co. Ltd.
34. Kenda Rubber (China) Co Ltd
35. KS Holding Limited/KS Resources Limited
36. Laizhou Xiongying Rubber Industry Co., Ltd.
37. Landmax Intl Co Ltd
38. LF Logistics China Co Ltd
39. Mai Shandong Radial Tyre Co., Ltd.
40. Maine Industrial Tire LLC
41. Master Intl Logistics Co Ltd
42. Melton Tire Co. Ltd
43. Merityre Specialists Ltd
44. Mid-America Overseas Shanghai Ltd
45. Omni Exports Ltd
46. Orient Express Container Co Ltd
47. Oriental Tyre Technology Limited
48. Pudong Prime Intl Logistics Inc
49. Q&J Industrial Group Co Ltd
50. Qingdao Aotai Rubber Co Ltd
51. Qingdao Apex Shipping
52. Qingdao Chengtai Handtruck Co Ltd
53. Qingdao Chunangtong Founding Co Ltd
54. Qingdao Free Trade Zone Full-World International Trading Co., 
Ltd.
55. Qingdao Haojia (Xinhai) Tyre Co.
56. Qingdao Haomai Hongyi Mold Co Ltd
57. Qingdao J&G Intl Trading Co Ltd
58. Qingdao Jinhaoyang International Co. Ltd
59. Qingdao Kaoyoung Intl Logistics Co Ltd
60. Qingdao Milestone Tyres Co Ltd.
61. Qingdao Nexen Co Ltd
62. Qingdao Qihang Tyre Co.
63. Qingdao Qizhou Rubber Co., Ltd.
64. Qingdao Shijikunyuan Intl Co Ltd
65. Qingdao Sinorient International Ltd.
66. Qingdao Taifa Group Imp. And Exp. Co., Ltd./Qingdao Taifa Group 
Co., Ltd.
67. Qingdao Wonderland
68. Qingdao Zhenhua Barrow Manufacturing Co., Ltd.
69. Rich Shipping Company
70. RS Logistics Ltd
71. Schenker China Ltd
72. Seastar Intl Enterprise Ltd
73. SGL Logistics South China Ltd
74. Shandong Huitong Tyre Co., Ltd.
75. Shandong Linglong Tyre Co., Ltd.
76. Shandong Taishan Tyre Co. Ltd.
77. Shanghai Cartec Industrial & Trading Co Ltd
78. Shanghai Grand Sound Intl Transportation Co Ltd
79. Shanghai Hua Shen Imp & Exp Co Ltd
80. Shanghai Part-Rich Auto Parts Co Ltd
81. Shanghai TCH Metals & Machinery Co Ltd
82. Shantou Zhisheng Plastic Co Ltd
83. Shiyan Desizheng Industry & Trade Co., Ltd.
84. Techking Tires Limited
85. Thi Group (Shanghai) Ltd
86. Tianjin Leviathan International Trade Co., Ltd.
87. Tianjin United Tire & Rubber International Co., Ltd.
88. Tianjin Wanda Tyre Group Co.
89. Tianshui Hailin Import and Export Corporation
90. Tiremart Qingdao Inc
91. Translink Shipping Inc

[[Page 16058]]

92. Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.
93. Trelleborg Wheel Systems Hebei Co
94. Triangle Tyre Co. Ltd.
95. Universal Shipping Inc
96. UTI China Ltd
97. Weifang Jintongda Tyre Co., Ltd.
98. Weihai Zhongwei Rubber Co., Ltd.
99. Weiss-Rohlig China Co Ltd
100. World Bridge Logistics Co Ltd
101. World Tyres Ltd.
102. Xiamen Ying Hong Import & Export Trade Co Ltd
103. Xuzhou Xugong Tyres Co Ltd; Xuzhou Armour Rubber Company Ltd.; 
HK Lande International Investment Limited; Armour Tires Inc. 
(collectively ``Xugong'')
104. Yoho Holding
105. Zheijiang Wheel World Industrial Co Ltd
106. Zhejiang Xinchang Zhongya Industry Co., Ltd.
107. Zhongce Rubber Group Company Limited
108. ZPH Industrial Ltd

[FR Doc. 2018-07721 Filed 4-12-18; 8:45 am]
 BILLING CODE 3510-DS-P