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; 2016, 45611-45613 [2018-19572]
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
Exporter
Producer
Changshu Changsheng Aluminium Products Co., Ltd
Cosco (J.M) Aluminium Co., Ltd ..................................
Changshu Changsheng Aluminium Products Co., Ltd
Cosco (J.M) Aluminium Co., Ltd./Jiangmen Qunxing
Hardware Diecasting Co., Ltd.
Top-Wok Metal Co., Ltd ...............................................
Foshan Jinlan Aluminium Co. Ltd ................................
Foshan Sanshui Fenglu Aluminium Co., Ltd ...............
Guangdong Hao Mei Aluminium Co., Ltd ....................
Guangdong Weiye Aluminium Factory Co., Ltd ...........
Guangdong Xingfa Aluminium Co., Ltd ........................
Pingguo Aluminium Company Limited .........................
Kanal Precision Aluminium Product Co., Ltd ...............
Taishan Golden Gain Aluminium Products Limited .....
Jiangyin Xinhong Doors and Windows Co., Ltd ..........
Shandong Nanshan Aluminum Co., Ltd .......................
Zhejiang Anji Xinxiang Aluminum Co., Ltd ...................
North China Aluminum Co., Ltd ...................................
PanAsia Aluminium (China) Limited .............................
Pingguo Asia Aluminum Co., Ltd .................................
Hoi Tat Plastic Mould & Metal Factory ........................
Tai-Ao Aluminium (Taishan) Co., Ltd ...........................
Tianjin Ruixin Electric Heat Transmission Technology
Co., Ltd.
Zhejiang Yongkang Listar Aluminium Industry Co., Ltd
First Union Property Limited .........................................
Foshan Jinlan Non-ferrous Metal Product Co. Ltd ......
Foshan Sanshui Fenglu Aluminium Co., Ltd ...............
Guangdong Hao Mei Aluminium Co., Ltd ....................
Guangdong Weiye Aluminium Factory Co., Ltd ...........
Guangdong Xingfa Aluminium Co., Ltd ........................
Hanwood Enterprises Limited ......................................
Honsense Development Company ...............................
Innovative Aluminium (Hong Kong) Limited .................
Jiangyin Trust International Inc ....................................
Longkou Donghai Trade Co., Ltd .................................
Ningbo Yili Import and Export Co., Ltd ........................
North China Aluminum Co., Ltd ...................................
PanAsia Aluminium (China) Limited .............................
Pingguo Asia Aluminum Co., Ltd .................................
Popular Plastics Co., Ltd ..............................................
Tai-Ao Aluminium (Taishan) Co., Ltd ...........................
Tianjin Ruixin Electric Heat Transmission Technology
Co., Ltd.
Zhejiang Yongkang Listar Aluminium Industry Co., Ltd
daltland on DSKBBV9HB2PROD with NOTICES
Weightedaverage
dumping
margin
(percent)
Cash Deposit Requirements
DEPARTMENT OF COMMERCE
The following cash deposit
requirements will be effective upon
publication of the final results of this
changed circumstances review, and
apply to all shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by 19 CFR
351.221(b)(7): For the 21 producers and/
or exporters listed above that received a
separate rate in the LTFV investigation
and continue to retain that separate rate,
the cash deposit rate will be the
producer/exporter-specific rate listed
above. These deposit requirements,
when imposed, shall remain in effect
until further notice.
We are issuing and publishing this
notice of final results in accordance
with sections 751(b)(1) and 777(i)(1) and
(2) of the Act and 19 CFR 351.216(e) and
351.221(c)(3).
International Trade Administration
Dated: September 4, 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.
FOR FURTHER INFORMATION CONTACT:
[C–570–017]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary Results
of Countervailing Duty Administrative
Review and Rescission, in Part; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily determines
that certain producers and exporters of
passenger vehicle and light truck tires
(passenger tires) from the People’s
Republic of China (China) received
countervailable subsidies during the
period of review (POR) January 1, 2016,
through December 31, 2016.
SUMMARY:
DATES:
Applicable September 10, 2018.
[FR Doc. 2018–19571 Filed 9–7–18; 8:45 am]
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.
BILLING CODE 3510–DS–P
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, Commerce
issued a countervailing duty (CVD)
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Cash deposit
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(percent)
32.79
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32.51
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32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.79
32.51
order on passenger tires from China.1
Several interested parties requested that
Commerce conduct an administrative
review of the CVD Order, and on
October 16, 2017, Commerce published
in the Federal Register a notice of
initiation of an administrative review of
the CVD Order for 42 producers/
exporters for the POR.2 Commerce
exercised its discretion to toll all
deadlines affected by the closure of the
Federal Government from January 20
through 22, 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
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (CVD Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
48051 (October 16, 2017) (Initiation Notice). The
Initiation Notice inadvertently omitted an exporter
from the review, which was corrected in a
subsequent publication. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329 (January 11,
2018).
3 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018 (Tolling Memorandum). All
deadlines in this segment of the proceeding have
been extended by three days.
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
the Preliminary Decision
Memorandum.4
Methodology
Commerce is conducting this CVD
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we determine that there
is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.5 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision
Memorandum.6 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
I of this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
daltland on DSKBBV9HB2PROD with NOTICES
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. The petitioner
timely withdrew its request for a review
of Zhongce Rubber Group Company
4 See ‘‘Decision Memorandum for the Preliminary
Results of the Administrative Review of the
Countervailing Duty Order on Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China; 2016,’’ dated concurrently with
this notice (Preliminary Decision Memorandum)
and hereby adopted by this notice.
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 A list of topics discussed in the Preliminary
Decision Memorandum can be found as an
appendix to this notice.
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17:54 Sep 07, 2018
Jkt 244001
Limited.7 Two other U.S. importers, ITG
Voma Corporation and American Pacific
Industries, Inc., also timely withdrew
their requests for a review of Shandong
Guofeng Rubber Plastic Co., Ltd/
Shandong Guofeng Rubber Plastics.8
Additionally, Hangzhou Yokohama Tire
Co., Ltd., Kumho Tire Co., Inc.,
Shandong Changfeng Tyres Co., Ltd.,
Shandong Changhong Rubber
Technology Co., Ltd., Shandong
Guofeng Rubber Plastics Co., Ltd.,
Shandong Zhongyi Rubber Co., and
Shengtai Group Co., Ltd., timely
withdrew their requests for review.9 No
other party requested a review of these
producers/exporters. Therefore, in
accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review of
the CVD order on passenger tires from
China with respect to these companies.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the
countervailable subsidy rates to be:
Subsidy rate
(percent
ad valorem)
Company
Cooper (Kunshan) Tire Co.,
Ltd. (Cooper) .....................
23.68
7 The petitioner in this review is the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International
Union, AFL–CIO, CLC (USW). See Letter from
USW, ‘‘Administrative Review of the
Countervailing Duty Order on Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China (C–570–017) (01/01/16–12/31/16):
Petitioner’s Withdrawal of Review Request,’’ dated
December 13, 2017.
8 See Letter from ITG Voma Corporation,
‘‘Passenger Vehicle and Light Truck Tires from
People’s Republic of China: Withdrawal of Request
for Administrative Review,’’ dated December 28,
2017; and Letter from American Pacific Industries,
Inc., ‘‘Passenger Vehicle and Light Truck Tires from
People’s Republic of China: Withdrawal of Request
for Administrative Review,’’ dated January 5, 2018.
9 See Letter from Hangzhou Yokohama Tire Co.,
Ltd., ‘‘Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Yokohama Withdrawal of Request for
Administrative Review,’’ dated November 14, 2017;
Letter from Shandong Changfeng Tyres Co., Ltd.,
‘‘Passenger Vehicles and Light Truck Tires from the
People’s Republic of China: Withdrawal of Request
for Administrative Review (01/01/16–12/31/16),’’
dated January 12, 2018; Letter from Shandong
Changhong Rubber Technology Co. Ltd., ‘‘Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China: Withdrawal of Request for
Administrative Review,’’ dated December 28, 2017;
Letter from Shandong Guofeng Rubber Plastics Co.,
Ltd., ‘‘Passenger Vehicle and Light Truck Tires from
the People’s Republic of China: Withdrawal of
Request for Administrative Review,’’ dated
December 28, 2017; Letter from Shandong Zhongyi
Rubber Co., Ltd, ‘‘Certain Passenger Vehicle and
Light Truck Tires from the People’s Republic of
China-Withdrawal of Request for Administrative
Review,’’ dated January 14, 2018; and Letter from
Shengtai Group Co., Ltd., ‘‘Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China-Withdrawal of Request for
Administrative Review,’’ dated January 14, 2018.
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Company
Subsidy rate
(percent
ad valorem)
Qingdao Sentury Tire Co.
Ltd. (Sentury) ....................
Non-Selected Companies
Under Review ...................
26.83
24.71
Preliminary Rate for the Non-Selected
Companies Under Review
The statute and the Commerce’s
regulations do not directly address the
establishment of rates to be applied to
companies not selected for individual
examination where Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce as a general rule to
calculate an all others rate using the
weighted average of the subsidy rates
established for the producers/exporters
individually examined, excluding any
zero, de minimis, or rates based entirely
on facts available. In this review, the
preliminary subsidy rates calculated for
Cooper and Sentury and their crossowned affiliates are above de minimis
and are not based entirely on facts
available. Therefore, for the companies
for which a review was requested that
were not selected as mandatory
company respondents and for which we
did not receive a timely request for
withdrawal of review, and which we are
not finding to be cross-owned with the
mandatory company respondents, we
are preliminarily basing the subsidy rate
on the subsidy rate calculated for
Cooper and Sentury. For a list of these
non-selected companies, please see
Appendix II to this notice.
Disclosure and Public Comment
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of publication of this notice in the
Federal Register.10 Interested parties
may submit case and rebuttal briefs, as
well as request a hearing.11 Interested
parties may submit written comments
(case briefs) within 30 days of
publication of the preliminary results
and rebuttal comments (rebuttal briefs)
within five days after the time limit for
10 See
11 See
E:\FR\FM\10SEN1.SGM
19 CFR 351.224(b).
19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
10SEN1
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
filing case briefs.12 Rebuttal briefs must
be limited to issues raised in the case
briefs.13 Parties who submit case or
rebuttal briefs are requested to submit
with the argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.14
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system.15
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and location to be
determined.16 Parties should confirm by
telephone the date, time, and location of
the hearing. Issues addressed at the
hearing will be limited to those raised
in the briefs.17 All briefs and hearing
requests must be filed electronically and
received successfully in their entirety
through ACCESS by 5:00 p.m. Eastern
Time on the due date.
Unless the deadline is extended,
pursuant to section 751(a)(3)(A) of the
Act, we intend to issue the final results
of this administrative review, including
the results of our analysis of the issues
raised by the parties in their comments,
within 120 days after issuance of these
preliminary results.
Assessment Rates and Cash Deposit
Requirement
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Upon issuance
of the final results, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
CVDs on all appropriate entries covered
by this review. We intend to issue
instructions to CBP 15 days after
publication of the final results of
review. For companies for which this
review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
12 See
19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
19 CFR 351.309(d)(2).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310.
17 See 19 CFR 351.310(c).
13 See
VerDate Sep<11>2014
17:54 Sep 07, 2018
Jkt 244001
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2016, through
December 31, 2016, in accordance with
19 CFR 351.212(c)(l)(i). Commerce
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated CVDs, in the amounts shown
above for each of the respective
companies shown above, on shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: August 31, 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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Application of the Countervailing Duty
Law to Imports From China
VII. Diversification of China’s Economy
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates,
Input, and Electricity Benchmarks
X. Use of Facts Otherwise Available and
Application of Adverse Inferences
XI. Analysis of Programs
XII. Disclosure and Public Comment
XIII. Conclusion
Appendix II
Non-Selected Companies Under Review
1. Best Industries Ltd.
2. BC Tyre Group Limited
3. Cooper (Kunshan) Tire Co., Ltd.
4. Crown International Corporation
5. Dongying Zhongyi Rubber Co., Ltd.
6. Hankook Tire China Co., Ltd.
7. Hong Kong Tiancheng Investment &
Trading Co., Limited
8. Hongtyre Group Co.
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45613
9. Jiangsu Hankook Tire Co., Ltd.
10. Jiangsu Sanhe Aluminum
11. Kenda Rubber (China) Co., Ltd.
12. Koryo International Industrial Limited
13. Mayrun Tyre (Hong Kong) Limited
14. Qingdao Jinhaoyang International Co.,
Ltd.
15. Qingdao Nama Industrial Co., Ltd.
16. Qingdao Odyking Tyre Co., Ltd.
17. Qingdao Sentury Tire Co., Ltd.
18. Roadclaw Tyre (Hong Kong) Limited
19. Shandong Anchi Tyres Co., Ltd.
20. Shandong Haohua Tire Co., Ltd.
21. Shandong Haolong Rubber Co., Ltd.
22. Shandong Hengyu Science & Technology
Co., Ltd.
23. Shandong Linglong Tyre Co., Ltd.
24. Shandong Longyue Rubber Co., Ltd.
25. Shandong New Continent Tire Co., Ltd.
26. Shandong Province Sanli Tire
27. Shandong Province Sanli Tire
Manufactured Co., Ltd.
28. Shandong Shuangwang Rubber Co., Ltd.
29. Shandong Wanda Boto Tyre Co., Ltd.
30. Shandong Yongsheng Rubber Group Co.,
Ltd.
31. Shouguang Firemax Tyre Co., Ltd.
32. The Yokohama Rubber Company, Ltd.
33. Tyrechamp Group Co., Limited
34. Winrun Tyre Co., Ltd.
35. Zhaoqing Junhong Co., Ltd.
[FR Doc. 2018–19572 Filed 9–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG464
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Coastal Pelagic Species Management
Team (CPSMT) will hold a meeting that
is open to the public.
DATES: The meeting will begin at 1 p.m.
on Wednesday, September 26, 2018, and
continue at 8 a.m. on Thursday and
Friday, September 27–28. The meeting
will end each day at 5 p.m. or until
business for the day has been
completed.
ADDRESSES: The meeting will be held in
the Large Conference Room of the
Pacific Council office in Portland, OR.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT:
Kerry Griffin, Pacific Council;
telephone: (503) 820–2409.
SUMMARY:
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45611-45613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19572]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review and Rescission, in Part; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers and exporters of passenger vehicle and light
truck tires (passenger tires) from the People's Republic of China
(China) received countervailable subsidies during the period of review
(POR) January 1, 2016, through December 31, 2016.
DATES: Applicable September 10, 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.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, Commerce issued a countervailing duty (CVD)
order on passenger tires from China.\1\ Several interested parties
requested that Commerce conduct an administrative review of the CVD
Order, and on October 16, 2017, Commerce published in the Federal
Register a notice of initiation of an administrative review of the CVD
Order for 42 producers/exporters for the POR.\2\ Commerce exercised its
discretion to toll all deadlines affected by the closure of the Federal
Government from January 20 through 22, 2018.\3\
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (CVD Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation
Notice). The Initiation Notice inadvertently omitted an exporter
from the review, which was corrected in a subsequent publication.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 83 FR 1329 (January 11, 2018).
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018 (Tolling Memorandum).
All deadlines in this segment of the proceeding have been extended
by three 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
[[Page 45612]]
the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See ``Decision Memorandum for the Preliminary Results of the
Administrative Review of the Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China; 2016,'' dated concurrently with this notice (Preliminary
Decision Memorandum) and hereby adopted by this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this CVD review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we determine that there
is a subsidy, i.e., a financial contribution by an ``authority'' that
confers a benefit to the recipient, and that the subsidy is
specific.\5\ For a full description of the methodology underlying our
preliminary conclusions, including our reliance, in part, on adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.\6\ A list of topics included in the
Preliminary Decision Memorandum is included as Appendix I of this
notice.
---------------------------------------------------------------------------
\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\ A list of topics discussed in the Preliminary Decision
Memorandum can be found as an appendix to this notice.
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov, and
is available to all parties in the Central Records Unit, room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the internet at https://enforcement.trade.gov/frn/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. The petitioner timely withdrew
its request for a review of Zhongce Rubber Group Company Limited.\7\
Two other U.S. importers, ITG Voma Corporation and American Pacific
Industries, Inc., also timely withdrew their requests for a review of
Shandong Guofeng Rubber Plastic Co., Ltd/Shandong Guofeng Rubber
Plastics.\8\ Additionally, Hangzhou Yokohama Tire Co., Ltd., Kumho Tire
Co., Inc., Shandong Changfeng Tyres Co., Ltd., Shandong Changhong
Rubber Technology Co., Ltd., Shandong Guofeng Rubber Plastics Co.,
Ltd., Shandong Zhongyi Rubber Co., and Shengtai Group Co., Ltd., timely
withdrew their requests for review.\9\ No other party requested a
review of these producers/exporters. Therefore, in accordance with 19
CFR 351.213(d)(1), Commerce is rescinding this review of the CVD order
on passenger tires from China with respect to these companies.
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\7\ The petitioner in this review is the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL-CIO, CLC (USW). See Letter
from USW, ``Administrative Review of the Countervailing Duty Order
on Passenger Vehicle and Light Truck Tires from the People's
Republic of China (C-570-017) (01/01/16-12/31/16): Petitioner's
Withdrawal of Review Request,'' dated December 13, 2017.
\8\ See Letter from ITG Voma Corporation, ``Passenger Vehicle
and Light Truck Tires from People's Republic of China: Withdrawal of
Request for Administrative Review,'' dated December 28, 2017; and
Letter from American Pacific Industries, Inc., ``Passenger Vehicle
and Light Truck Tires from People's Republic of China: Withdrawal of
Request for Administrative Review,'' dated January 5, 2018.
\9\ See Letter from Hangzhou Yokohama Tire Co., Ltd., ``Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China: Yokohama Withdrawal of Request for Administrative
Review,'' dated November 14, 2017; Letter from Shandong Changfeng
Tyres Co., Ltd., ``Passenger Vehicles and Light Truck Tires from the
People's Republic of China: Withdrawal of Request for Administrative
Review (01/01/16-12/31/16),'' dated January 12, 2018; Letter from
Shandong Changhong Rubber Technology Co. Ltd., ``Passenger Vehicle
and Light Truck Tires from the People's Republic of China:
Withdrawal of Request for Administrative Review,'' dated December
28, 2017; Letter from Shandong Guofeng Rubber Plastics Co., Ltd.,
``Passenger Vehicle and Light Truck Tires from the People's Republic
of China: Withdrawal of Request for Administrative Review,'' dated
December 28, 2017; Letter from Shandong Zhongyi Rubber Co., Ltd,
``Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China-Withdrawal of Request for Administrative Review,''
dated January 14, 2018; and Letter from Shengtai Group Co., Ltd.,
``Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China-Withdrawal of Request for Administrative Review,''
dated January 14, 2018.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Cooper (Kunshan) Tire Co., Ltd. (Cooper)................ 23.68
Qingdao Sentury Tire Co. Ltd. (Sentury)................. 26.83
Non-Selected Companies Under Review..................... 24.71
------------------------------------------------------------------------
Preliminary Rate for the Non-Selected Companies Under Review
The statute and the Commerce's regulations do not directly address
the establishment of rates to be applied to companies not selected for
individual examination where Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce as a general
rule to calculate an all others rate using the weighted average of the
subsidy rates established for the producers/exporters individually
examined, excluding any zero, de minimis, or rates based entirely on
facts available. In this review, the preliminary subsidy rates
calculated for Cooper and Sentury and their cross-owned affiliates are
above de minimis and are not based entirely on facts available.
Therefore, for the companies for which a review was requested that were
not selected as mandatory company respondents and for which we did not
receive a timely request for withdrawal of review, and which we are not
finding to be cross-owned with the mandatory company respondents, we
are preliminarily basing the subsidy rate on the subsidy rate
calculated for Cooper and Sentury. For a list of these non-selected
companies, please see Appendix II to this notice.
Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of publication of this notice in the Federal Register.\10\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\11\ Interested parties may submit written comments
(case briefs) within 30 days of publication of the preliminary results
and rebuttal comments (rebuttal briefs) within five days after the time
limit for
[[Page 45613]]
filing case briefs.\12\ Rebuttal briefs must be limited to issues
raised in the case briefs.\13\ Parties who submit case or rebuttal
briefs are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\14\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
\12\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\13\ See 19 CFR 351.309(d)(2).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system.\15\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
we will inform parties of the scheduled date for the hearing which will
be held at the U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time and location to be determined.\16\
Parties should confirm by telephone the date, time, and location of the
hearing. Issues addressed at the hearing will be limited to those
raised in the briefs.\17\ All briefs and hearing requests must be filed
electronically and received successfully in their entirety through
ACCESS by 5:00 p.m. Eastern Time on the due date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
\17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended, pursuant to section 751(a)(3)(A)
of the Act, we intend to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, within 120 days after issuance of these
preliminary results.
Assessment Rates and Cash Deposit Requirement
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon issuance of the final results, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, CVDs on all appropriate entries covered by this review. We
intend to issue instructions to CBP 15 days after publication of the
final results of review. For companies for which this review is
rescinded, Commerce will instruct CBP to assess countervailing duties
on all appropriate entries at a rate equal to the cash deposit of
estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2016, through December 31, 2016, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends
to instruct CBP to collect cash deposits of estimated CVDs, in the
amounts shown above for each of the respective companies shown above,
on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most-recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: August 31, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Application of the Countervailing Duty Law to Imports From China
VII. Diversification of China's Economy
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Input, and Electricity
Benchmarks
X. Use of Facts Otherwise Available and Application of Adverse
Inferences
XI. Analysis of Programs
XII. Disclosure and Public Comment
XIII. Conclusion
Appendix II
Non-Selected Companies Under Review
1. Best Industries Ltd.
2. BC Tyre Group Limited
3. Cooper (Kunshan) Tire Co., Ltd.
4. Crown International Corporation
5. Dongying Zhongyi Rubber Co., Ltd.
6. Hankook Tire China Co., Ltd.
7. Hong Kong Tiancheng Investment & Trading Co., Limited
8. Hongtyre Group Co.
9. Jiangsu Hankook Tire Co., Ltd.
10. Jiangsu Sanhe Aluminum
11. Kenda Rubber (China) Co., Ltd.
12. Koryo International Industrial Limited
13. Mayrun Tyre (Hong Kong) Limited
14. Qingdao Jinhaoyang International Co., Ltd.
15. Qingdao Nama Industrial Co., Ltd.
16. Qingdao Odyking Tyre Co., Ltd.
17. Qingdao Sentury Tire Co., Ltd.
18. Roadclaw Tyre (Hong Kong) Limited
19. Shandong Anchi Tyres Co., Ltd.
20. Shandong Haohua Tire Co., Ltd.
21. Shandong Haolong Rubber Co., Ltd.
22. Shandong Hengyu Science & Technology Co., Ltd.
23. Shandong Linglong Tyre Co., Ltd.
24. Shandong Longyue Rubber Co., Ltd.
25. Shandong New Continent Tire Co., Ltd.
26. Shandong Province Sanli Tire
27. Shandong Province Sanli Tire Manufactured Co., Ltd.
28. Shandong Shuangwang Rubber Co., Ltd.
29. Shandong Wanda Boto Tyre Co., Ltd.
30. Shandong Yongsheng Rubber Group Co., Ltd.
31. Shouguang Firemax Tyre Co., Ltd.
32. The Yokohama Rubber Company, Ltd.
33. Tyrechamp Group Co., Limited
34. Winrun Tyre Co., Ltd.
35. Zhaoqing Junhong Co., Ltd.
[FR Doc. 2018-19572 Filed 9-7-18; 8:45 am]
BILLING CODE 3510-DS-P
