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]
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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entered, or withdrawn from warehouse,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).
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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).
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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:
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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.
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17:41 Apr 12, 2018
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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 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 accessed directly
on the internet at https://trade.gov/
enforcement/frn/. 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.
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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).
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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
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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
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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
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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:
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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
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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 (https://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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 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 accessed directly on the internet at https://trade.gov/enforcement/frn/. The signed Issues and Decision Memorandum and
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\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
