Truck and Bus Tires From the People's Republic of China: Amended Final Determination and Countervailing Duty Order, 4434-4436 [2019-02657]
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices
8339 and providing the Service with the
conference call number and conference
ID number.
Members of the public are entitled to
make comments during the open period
at the end of the meeting. Members of
the public may also submit written
comments; the comments must be
received in the Regional Programs Unit
within 30 days following the meeting.
Written comments may be mailed to the
U.S. Commission on Civil Rights,
Regional Programs Unit, 230 S.
Dearborn, Suite 2120, Chicago, IL
60604. They may be faxed to the
Commission at (312) 353–8324, or
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usccr.gov. Persons who desire
additional information may contact the
Regional Programs Unit at (312) 353–
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Records and documents discussed
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Agenda
I. Welcome
II. Approval of Minutes
III. Discussion: Racial Trauma and Civil
Rights
IV. Public Comment
V. Next Steps
VI. Adjournment
Dated: February 11, 2019.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2019–02362 Filed 2–14–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
khammond on DSKBBV9HB2PROD with NOTICES
[C–570–041]
Truck and Bus Tires From the People’s
Republic of China: Amended Final
Determination and Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2018, the
Court of International Trade (CIT)
AGENCY:
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19:41 Feb 14, 2019
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remanded the International Trade
Commission’s (ITC) negative injury
determination on truck and bus tires
from the People’s Republic of China
(China). On January 30, 2019, the ITC
filed its remand determination, finding
material injury to an industry in the
United States by reason of imports of
truck and bus tires from China. Based
on affirmative final determinations by
the Department of Commerce
(Commerce) and the ITC, Commerce is
issuing a countervailing duty order on
truck and bus tires from the China. In
addition, Commerce is amending its
final determination to correct
ministerial errors. Therefore, Commerce
will direct U.S. Customs and Border
Protection (CBP) to suspend liquidation
and collect cash deposits on entries of
truck and bus tires from China at the ad
valorem rates listed below.
DATES:
Applicable February 15, 2019.
FOR FURTHER INFORMATION CONTACT:
Dana Mermelstein or Lana Nigro, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–1391 or (202) 482–1779,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 17, 2017, the ITC published
its final determination that an industry
in the United States was not materially
injured or threatened with material
injury by reason of imports of truck and
bus tires from China.1 The United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC (the
petitioner) challenged the ITC’s final
negative determination, and on
November 1, 2018, the CIT remanded
the determination to the ITC for
reconsideration.2 On January 30, 2019,
upon remand, the ITC found that a U.S.
industry is materially injured within the
meaning of section 705(b)(1)(A)(i) of the
Act, by reason of subsidized imports of
truck and bus tires from China.3
Further, the ITC determined that critical
circumstances do not exist with respect
to imports of truck and bus tires from
China.
On February 8, 2019, pursuant to the
U.S. Court of Appeals for the Federal
Circuit’s (CAFC) opinion in Diamond
Sawblades Manufacturers Coalition v.
United States, 626 F.3d 1374, 1381 (Fed.
Cir. 2010), the ITC notified Commerce of
its determination upon remand.4 In
Diamond Sawblades, the CAFC clarified
that the same procedures for issuance of
an order and collection of cash deposits
apply when a material injury
determination is made upon remand,
and that the ITC should provide notice
to Commerce of its remand
determination at the time that it is
issued, notwithstanding the pendency
of ongoing litigation.5 Moreover, the
Court held that Commerce’s duty to
publish an order is triggered by the
ITC’s notification of its affirmative
injury determination, rather than the
date of the publication of the notice of
such determination.6
Scope of the Order
The products covered by this order
are truck and bus tires from China. For
a complete description of the scope of
this order, see the Appendix to this
notice.
Amendment to the Final Determination
On January 30, 2017, and February 1,
2017, Shanghai Huayi Group
Corporation Limited (Double Coin) and
Guizhou Tyre Co., Ltd. and Guizhou
Tyre Import and Export Co., Ltd.
(collectively GTC), respectively, timely
alleged that the Final Determination 7
contained certain ministerial errors and
requested that Commerce correct such
errors.
Commerce reviewed the record and
on February 14, 2017, agreed that
certain errors referenced in Double
Coin’s and GTC’s allegations constitute
ministerial errors within the meaning of
section 705(e) of the Act and 19 CFR
351.224(f).8 Pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Determination to reflect the
correction of the ministerial errors
described in the Ministerial Error
Memorandum.9 Based on our correction
of the ministerial errors in Double
4 Id.
5 Diamond
Sawblades, 626 F.3d at 1381–82.
at 1379, n.2.
7 See Truck and Bus Tires from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination, Final Affirmative Critical
Circumstances Determination, in Part, 82 FR 8606
(January 27, 2019) (Final Determination).
8 See Memorandum, ‘‘Countervailing Duty
Investigation of Truck and Bus Tires from the
People’s Republic of China: Allegations of
Ministerial Errors,’’ dated February 14, 2017
(Ministerial Error Memorandum).
6 Id.
1 See Truck and Bus Tires from China, 82 FR
14232 (March 17, 2017) (ITC Final Determination).
2 See United Steel, Paper and Forestry, Rubber,
Mfg., Energy, Allied Indus. and Serv. Workers Int’l
Union v. United States, Slip Op. 18–151 (CIT
November 1, 2018).
3 See ITC Notification Letter to the Secretary of
Commerce, referencing ITC Investigation Nos. 701–
TA–556 and 731–TA–1311, dated February 8, 2019
(ITC Notification).
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices
Coin’s calculation, the subsidy rate for
Double Coin decreased from 38.61 ad
valorem to 20.98 ad valorem.10 Based
on our correction of the ministerial
errors in GTC’s calculation, the subsidy
rate for GTC decreased from 65.46 ad
valorem to 63.34 percent ad valorem.11
Because in the Final Determination, we
based the ‘‘all-others’’ rate on Double
Coin’s and GTC’s ad valorem subsidy
rates, the corrections described above
also required that we recalculate the
‘‘all-others’’ rate. This recalculation
decreased the ‘‘all-others’’ rate
determined in the Final Determination
from 52.04 percent ad valorem to 42.16
percent ad valorem.12
9 This amended final determination
recalculated the subsidy rates for certain
LTAR programs that are used in the
concurrent antidumping duty
investigation for the calculation of
domestic pass-through subsidy rate.
These amended subsidy rates are as
follows:
Inputs provided at LTAR
Double coin
Carbon Black .....................................................................................
Nylon Cord .........................................................................................
Natural Rubber ...................................................................................
Synthetic Rubber and Butadiene .......................................................
Same as Final .............................
Same as Final .............................
0.02% ..........................................
2.35% ..........................................
Countervailing Duty Order
Suspension of Liquidation
On February 8, 2019, in accordance
with section 705(d) of the Act, the ITC
notified Commerce of its remand
determination in this investigation, in
which it found that imports of truck and
bus tires are materially injuring a U.S.
industry.13 Therefore, in accordance
with section 705(c)(2) of the Act, we are
publishing this countervailing duty
order.
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
of subject merchandise from China,
effective the date of publication of this
countervailing duty order in the Federal
Register, and to assess, upon further
instruction by Commerce pursuant to
section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
GTC
3.73%.
4.05%.
Same as Final.
6.49%.
subsidy rates for the subject
merchandise. On or after the date of
publication of this countervailing duty
order in the Federal Register, we will
instruct CBP to require, at the same time
as importers would normally deposit
estimated duties on this merchandise,
cash deposits for each entry of subject
merchandise equal to the rates noted
below. These instructions suspending
liquidation will remain in effect until
further notice. The ‘‘all-others’’ rate
applies to all producers or exporters not
specifically listed, as appropriate.
Subsidy rate
(percent)
Company
Guizhou Tyre Import and Export Co., Ltd; Guizhou Tyre Co., Ltd. ....................................................................................................
Shanghai Huayi Group Corporation Limited; Double Coin Holdings Ltd.; Double Coin Group (Jiangsu) Tyre Co., Ltd.; Double
Coin Group (Chongqing) Tyre Co., Ltd.; Double Coin Group Shanghai Donghai Tyre Co. Ltd.; Double Coin Group (Xinjiang)
Kunlun Tyre Co., Ltd. .......................................................................................................................................................................
All-Others .............................................................................................................................................................................................
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to truck and bus tires from China
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastatsl.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
khammond on DSKBBV9HB2PROD with NOTICES
Dated: February 12, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Order
The scope of the order covers truck and
bus tires. Truck and bus tires are new
pneumatic tires, of rubber, with a truck or
bus size designation. Truck and bus tires
covered by this investigation may be tubetype, tubeless, radial, or non-radial.
Subject tires have, at the time of
importation, the symbol ‘‘DOT’’ on the
sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards.
Subject tires may also have one of the
following suffixes in their tire size
designation, which also appear on the
sidewall of the tire:
TR—Identifies tires for service on trucks or
buses to differentiate them from similarly
sized passenger car and light truck tires; and
HC—Identifies a 17.5 inch rim diameter
code for use on low platform trailers.
All tires with a ‘‘TR’’ or ‘‘HC’’ suffix in
their size designations are covered by this
investigation regardless of their intended use.
In addition, all tires that lack one of the
above suffix markings are included in the
scope, regardless of their intended use, as
long as the tire is of a size that is among the
numerical size designations listed in the
‘‘Truck-Bus’’ section of the Tire and Rim
Association Year Book, as updated annually,
10 Id.
12 Id.
11 Id.
13 See
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19:41 Feb 14, 2019
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Fmt 4703
Sfmt 4703
20.98
42.16
unless the tire falls within one of the specific
exclusions set out below.
Truck and bus tires, whether or not
mounted on wheels or rims, are included in
the scope. However, if a subject tire is
imported mounted on a wheel or rim, only
the tire is covered by the scope. Subject
merchandise includes truck and bus tires
produced in the subject country whether
mounted on wheels or rims in the subject
country or in a third country. Truck and bus
tires are covered whether or not they are
accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Truck and bus
tires that enter attached to a vehicle are not
covered by the scope.
Specifically excluded from the scope of
this investigation are the following types of
tires: (1) Pneumatic tires, of rubber, that are
not new, including recycled and retreaded
tires; (2) non-pneumatic tires, such as solid
rubber tires; and (3) tires that exhibit each of
the following physical characteristics: (a) The
designation ‘‘MH’’ is molded into the tire’s
sidewall as part of the size designation; (b)
the tire incorporates a warning, prominently
ITC Notification.
Frm 00004
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices
molded on the sidewall, that the tire is for
‘‘Mobile Home Use Only;’’ and (c) the tire is
of bias construction as evidenced by the fact
that the construction code included in the
size designation molded into the tire’s
sidewall is not the letter ‘‘R.’’
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1015 and
4011.20.5020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.69.0020, 4011.69.0090, 4011.70.00,
4011.90.80, 4011.99.4520, 4011.99.4590,
4011.99.8520, 4011.99.8590, 8708.70.4530,
8708.70.6030, 8708.70.6060, and
8716.90.5059.14
While HTSUS subheadings are provided
for convenience and for customs purposes,
the written description of the subject
merchandise is dispositive.
from China at the ad valorem rates
listed below.
DATES: Applicable February 15, 2019.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Andre Gziryan, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5760 and (202) 482–2201,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.210(c), on January 27, 2017,
Commerce published affirmative final
[FR Doc. 2019–02657 Filed 2–14–19; 8:45 am]
determinations of sales at less than fair
BILLING CODE 3510–DS–P
value and critical circumstances in the
investigation of truck and bus tires from
China.1 On March 13, 2017, the ITC
DEPARTMENT OF COMMERCE
notified Commerce of its final
determination that an industry in the
International Trade Administration
United States is not materially injured
[A–570–040]
or threatened with material injury
within the meaning of section
Truck and Bus Tires From the People’s 735(b)(1)(A) of the Act by reason of
Republic of China: Antidumping Duty
imports of truck and bus tires from
Order
China at less than fair value.2
Accordingly, Commerce instructed CBP
AGENCY: Enforcement and Compliance,
to liquidate entries of subject
International Trade Administration,
merchandise without regard to
Department of Commerce.
antidumping duties.3 On November 1,
SUMMARY: On November 1, 2018 the U.S.
2018,
the CIT remanded the ITC’s final
Court of International Trade (CIT)
negative
determination.4 On January 30,
remanded the International Trade
2019,
upon
remand, the ITC issued its
Commission’s (ITC) final negative injury
final
determination,
in which the ITC
determination on truck and bus tires
found that an industry in the United
from the People’s Republic of China
States is materially injured by reason of
(China). On January 30, 2019, the ITC
imports of truck and bus tires from
filed its final remand determination,
finding material injury to an industry in China. However, in its final
determination upon remand, the ITC
the United States by reason of imports
of truck and bus tires from China. Based found that critical circumstances do not
exist with respect to imports of subject
on affirmative final determinations by
merchandise from China that are subject
the Department of Commerce
to Commerce’s final affirmative critical
(Commerce) and the ITC, Commerce is
circumstances finding.
issuing an antidumping duty order on
On February 8, 2019, pursuant to the
truck and bus tires from China.
U.S. Court of Appeals for the Federal
Therefore, Commerce will direct U.S.
Customs and Border Protection (CBP) to
1 See Truck and Bus Tires from the People’s
suspend liquidation and collect cash
Republic of China: Final Affirmative
deposits on entries of truck and bus tires Determinations of Sales at Less Than Fair Value
khammond on DSKBBV9HB2PROD with NOTICES
14 On
August 26, 2016, Commerce included
HTSUS subheadings 4011.69.0020, 4011.69.0090,
and 8716.90.5059 to the case reference files,
pursuant to requests by CBP and the petitioner. See
Memorandum to the File entitled, ‘‘Requests from
Customs and Border Protection and the Petitioner
to Update the ACE Case Reference File,’’ dated
August 26, 2016. On January 19, 2017, Commerce
included HTSUS subheadings 4011.70.00 and
4011.90.80 to the case reference files, pursuant to
requests by CBP. See Memorandum to the File
entitled, ‘‘Requests from Customs and Border
Protection to Update the ACE Case Reference File,’’
dated January 19, 2017.
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19:41 Feb 14, 2019
Jkt 247001
and Critical Circumstances, 82 FR 8599 (January 27,
2017) (Final Determinations).
2 See Letter from the ITC to Commerce, dated
March 13, 2017. See also Truck and Bus Tires from
China, 82 FR 14232 (March 17, 2017), and Truck
and Bus Tires from the People’s Republic of China,
Investigation No. 701–TA–556 and 508 and 731–
TA–1311, USITC Pub. 4673 (March 2017) (Final).
3 See CBP Message No. 7094307 dated April 4,
2017.
4 See United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL–CIO,
CLC, v. United States, Court No. 17–00078, Slip Op.
18–151 (Ct. Int’l Trade Nov. 1, 2018).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Circuit’s (CAFC) opinion in Diamond
Sawblades Manufacturers Coalition v.
United States, 626 F.3d 1374, 1381 (Fed.
Cir. 2010), the ITC notified Commerce of
this determination upon remand.5 In
Diamond Sawblades Manufacturers
Coalition, the CAFC clarified that the
same procedures for issuance of an
order and collection of cash deposits
apply when a material injury
determination is made upon remand,
and that the ITC should provide notice
to Commerce of its remand
determination at the time that it is
issued, notwithstanding the pendency
of ongoing litigation.6 Moreover, the
CAFC held that Commerce’s duty to
publish an order is triggered by the
ITC’s notification of its affirmative
injury determination, rather than the
date of the publication of the notice of
such determination.7
Scope of the Order
The products covered by this
antidumping duty order are truck and
bus tires. For a complete description for
the scope of the order, see the ‘‘Scope
of the Order’’ in the Appendix of this
notice.
Antidumping Duty Order
As stated above, upon remand, the
ITC issued its final affirmative
determination. In accordance with
section 735(d) of the Act and Diamond
Sawblades Manufacturers Coalition v.
United States, 626 F.3d 1374 (Fed. Cir.
2010), the ITC notified Commerce of its
final determination in its investigation,
in which it found that an industry in the
United States is materially injured by
reason of imports of truck and bus tires
from China.8 Therefore, in accordance
with section 735(c)(2) of the Act, we are
publishing this antidumping duty order.
Accordingly, in accordance with
section 736(a)(1) of the Act, Commerce
will direct CBP to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of truck and bus tires
from China. These antidumping duties
will be assessed on unliquidated entries
of truck and bus tires from China
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of this antidumping duty order.
5 See the Letter from the ITC to Commerce dated
February 8, 2019.
6 See Diamond Sawblades Manufacturers
Coalition, 626 F.3d at 1381–82.
7 Id. at 1379, n.2.
8 Id.
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]]>Agencies
[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4434-4436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02657]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-041]
Truck and Bus Tires From the People's Republic of China: Amended
Final Determination and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2018, the Court of International Trade (CIT)
remanded the International Trade Commission's (ITC) negative injury
determination on truck and bus tires from the People's Republic of
China (China). On January 30, 2019, the ITC filed its remand
determination, finding material injury to an industry in the United
States by reason of imports of truck and bus tires from China. Based on
affirmative final determinations by the Department of Commerce
(Commerce) and the ITC, Commerce is issuing a countervailing duty order
on truck and bus tires from the China. In addition, Commerce is
amending its final determination to correct ministerial errors.
Therefore, Commerce will direct U.S. Customs and Border Protection
(CBP) to suspend liquidation and collect cash deposits on entries of
truck and bus tires from China at the ad valorem rates listed below.
DATES: Applicable February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Lana Nigro, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-1391 or (202) 482-1779,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 17, 2017, the ITC published its final determination that
an industry in the United States was not materially injured or
threatened with material injury by reason of imports of truck and bus
tires from China.\1\ The United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC (the petitioner) challenged the ITC's
final negative determination, and on November 1, 2018, the CIT remanded
the determination to the ITC for reconsideration.\2\ On January 30,
2019, upon remand, the ITC found that a U.S. industry is materially
injured within the meaning of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of truck and bus tires from China.\3\
Further, the ITC determined that critical circumstances do not exist
with respect to imports of truck and bus tires from China.
---------------------------------------------------------------------------
\1\ See Truck and Bus Tires from China, 82 FR 14232 (March 17,
2017) (ITC Final Determination).
\2\ See United Steel, Paper and Forestry, Rubber, Mfg., Energy,
Allied Indus. and Serv. Workers Int'l Union v. United States, Slip
Op. 18-151 (CIT November 1, 2018).
\3\ See ITC Notification Letter to the Secretary of Commerce,
referencing ITC Investigation Nos. 701-TA-556 and 731-TA-1311, dated
February 8, 2019 (ITC Notification).
---------------------------------------------------------------------------
On February 8, 2019, pursuant to the U.S. Court of Appeals for the
Federal Circuit's (CAFC) opinion in Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374, 1381 (Fed. Cir. 2010), the
ITC notified Commerce of its determination upon remand.\4\ In Diamond
Sawblades, the CAFC clarified that the same procedures for issuance of
an order and collection of cash deposits apply when a material injury
determination is made upon remand, and that the ITC should provide
notice to Commerce of its remand determination at the time that it is
issued, notwithstanding the pendency of ongoing litigation.\5\
Moreover, the Court held that Commerce's duty to publish an order is
triggered by the ITC's notification of its affirmative injury
determination, rather than the date of the publication of the notice of
such determination.\6\
---------------------------------------------------------------------------
\4\ Id.
\5\ Diamond Sawblades, 626 F.3d at 1381-82.
\6\ Id. at 1379, n.2.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are truck and bus tires from
China. For a complete description of the scope of this order, see the
Appendix to this notice.
Amendment to the Final Determination
On January 30, 2017, and February 1, 2017, Shanghai Huayi Group
Corporation Limited (Double Coin) and Guizhou Tyre Co., Ltd. and
Guizhou Tyre Import and Export Co., Ltd. (collectively GTC),
respectively, timely alleged that the Final Determination \7\ contained
certain ministerial errors and requested that Commerce correct such
errors.
---------------------------------------------------------------------------
\7\ See Truck and Bus Tires from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, Final
Affirmative Critical Circumstances Determination, in Part, 82 FR
8606 (January 27, 2019) (Final Determination).
---------------------------------------------------------------------------
Commerce reviewed the record and on February 14, 2017, agreed that
certain errors referenced in Double Coin's and GTC's allegations
constitute ministerial errors within the meaning of section 705(e) of
the Act and 19 CFR 351.224(f).\8\ Pursuant to 19 CFR 351.224(e),
Commerce is amending the Final Determination to reflect the correction
of the ministerial errors described in the Ministerial Error
Memorandum.\9\ Based on our correction of the ministerial errors in
Double
[[Page 4435]]
Coin's calculation, the subsidy rate for Double Coin decreased from
38.61 ad valorem to 20.98 ad valorem.\10\ Based on our correction of
the ministerial errors in GTC's calculation, the subsidy rate for GTC
decreased from 65.46 ad valorem to 63.34 percent ad valorem.\11\
Because in the Final Determination, we based the ``all-others'' rate on
Double Coin's and GTC's ad valorem subsidy rates, the corrections
described above also required that we recalculate the ``all-others''
rate. This recalculation decreased the ``all-others'' rate determined
in the Final Determination from 52.04 percent ad valorem to 42.16
percent ad valorem.\12\
\9\ This amended final determination recalculated the subsidy rates
for certain LTAR programs that are used in the concurrent antidumping
duty investigation for the calculation of domestic pass-through subsidy
rate. These amended subsidy rates are as follows:
---------------------------------------------------------------------------
\8\ See Memorandum, ``Countervailing Duty Investigation of Truck
and Bus Tires from the People's Republic of China: Allegations of
Ministerial Errors,'' dated February 14, 2017 (Ministerial Error
Memorandum).
\10\ Id.
\11\ Id.
\12\ Id.
------------------------------------------------------------------------
Inputs provided at LTAR Double coin GTC
------------------------------------------------------------------------
Carbon Black.................. Same as Final.... 3.73%.
Nylon Cord.................... Same as Final.... 4.05%.
Natural Rubber................ 0.02%............ Same as Final.
Synthetic Rubber and Butadiene 2.35%............ 6.49%.
------------------------------------------------------------------------
Countervailing Duty Order
On February 8, 2019, in accordance with section 705(d) of the Act,
the ITC notified Commerce of its remand determination in this
investigation, in which it found that imports of truck and bus tires
are materially injuring a U.S. industry.\13\ Therefore, in accordance
with section 705(c)(2) of the Act, we are publishing this
countervailing duty order.
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\13\ See ITC Notification.
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
from China, effective the date of publication of this countervailing
duty order in the Federal Register, and to assess, upon further
instruction by Commerce pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rates for the subject
merchandise. On or after the date of publication of this countervailing
duty order in the Federal Register, we will instruct CBP to require, at
the same time as importers would normally deposit estimated duties on
this merchandise, cash deposits for each entry of subject merchandise
equal to the rates noted below. These instructions suspending
liquidation will remain in effect until further notice. The ``all-
others'' rate applies to all producers or exporters not specifically
listed, as appropriate.
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Subsidy rate
Company (percent)
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Guizhou Tyre Import and Export Co., Ltd; Guizhou Tyre 63.34
Co., Ltd...............................................
Shanghai Huayi Group Corporation Limited; Double Coin 20.98
Holdings Ltd.; Double Coin Group (Jiangsu) Tyre Co.,
Ltd.; Double Coin Group (Chongqing) Tyre Co., Ltd.;
Double Coin Group Shanghai Donghai Tyre Co. Ltd.;
Double Coin Group (Xinjiang) Kunlun Tyre Co., Ltd......
All-Others.............................................. 42.16
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Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to truck and bus tires from China pursuant to section 706(a) of the
Act. Interested parties can find a list of countervailing duty orders
currently in effect at https://enforcement.trade.gov/stats/iastatsl.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: February 12, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The scope of the order covers truck and bus tires. Truck and bus
tires are new pneumatic tires, of rubber, with a truck or bus size
designation. Truck and bus tires covered by this investigation may
be tube-type, tubeless, radial, or non-radial.
Subject tires have, at the time of importation, the symbol
``DOT'' on the sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards. Subject tires may also
have one of the following suffixes in their tire size designation,
which also appear on the sidewall of the tire:
TR--Identifies tires for service on trucks or buses to
differentiate them from similarly sized passenger car and light
truck tires; and
HC--Identifies a 17.5 inch rim diameter code for use on low
platform trailers.
All tires with a ``TR'' or ``HC'' suffix in their size
designations are covered by this investigation regardless of their
intended use.
In addition, all tires that lack one of the above suffix
markings are included in the scope, regardless of their intended
use, as long as the tire is of a size that is among the numerical
size designations listed in the ``Truck-Bus'' section of the Tire
and Rim Association Year Book, as updated annually, unless the tire
falls within one of the specific exclusions set out below.
Truck and bus tires, whether or not mounted on wheels or rims,
are included in the scope. However, if a subject tire is imported
mounted on a wheel or rim, only the tire is covered by the scope.
Subject merchandise includes truck and bus tires produced in the
subject country whether mounted on wheels or rims in the subject
country or in a third country. Truck and bus tires are covered
whether or not they are accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter
attached to a vehicle are not covered by the scope.
Specifically excluded from the scope of this investigation are
the following types of tires: (1) Pneumatic tires, of rubber, that
are not new, including recycled and retreaded tires; (2) non-
pneumatic tires, such as solid rubber tires; and (3) tires that
exhibit each of the following physical characteristics: (a) The
designation ``MH'' is molded into the tire's sidewall as part of the
size designation; (b) the tire incorporates a warning, prominently
[[Page 4436]]
molded on the sidewall, that the tire is for ``Mobile Home Use
Only;'' and (c) the tire is of bias construction as evidenced by the
fact that the construction code included in the size designation
molded into the tire's sidewall is not the letter ``R.''
The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
4011.20.1015 and 4011.20.5020. Tires meeting the scope description
may also enter under the following HTSUS subheadings: 4011.69.0020,
4011.69.0090, 4011.70.00, 4011.90.80, 4011.99.4520, 4011.99.4590,
4011.99.8520, 4011.99.8590, 8708.70.4530, 8708.70.6030,
8708.70.6060, and 8716.90.5059.\14\
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\14\ On August 26, 2016, Commerce included HTSUS subheadings
4011.69.0020, 4011.69.0090, and 8716.90.5059 to the case reference
files, pursuant to requests by CBP and the petitioner. See
Memorandum to the File entitled, ``Requests from Customs and Border
Protection and the Petitioner to Update the ACE Case Reference
File,'' dated August 26, 2016. On January 19, 2017, Commerce
included HTSUS subheadings 4011.70.00 and 4011.90.80 to the case
reference files, pursuant to requests by CBP. See Memorandum to the
File entitled, ``Requests from Customs and Border Protection to
Update the ACE Case Reference File,'' dated January 19, 2017.
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While HTSUS subheadings are provided for convenience and for
customs purposes, the written description of the subject merchandise
is dispositive.
[FR Doc. 2019-02657 Filed 2-14-19; 8:45 am]
BILLING CODE 3510-DS-P
