Truck and Bus Tires From the People's Republic of China: Amended Final Determination and Countervailing Duty Order, 4434-4436 [2019-02657]

Download as PDF 4434 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 emailed Carolyn Allen at callen@ usccr.gov. Persons who desire additional information may contact the Regional Programs Unit at (312) 353– 8311. Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting on the Federal Advisory Committee database (facadatabase.gov), under the Minnesota Advisory Committee link. Records generated from this meeting may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission’s website, http://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. 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: VerDate Sep<11>2014 19:41 Feb 14, 2019 Jkt 247001 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). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\15FEN1.SGM 15FEN1 4435 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 http://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 VerDate Sep<11>2014 19:41 Feb 14, 2019 Jkt 247001 PO 00000 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 63.34 E:\FR\FM\15FEN1.SGM 15FEN1 4436 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. VerDate Sep<11>2014 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. E:\FR\FM\15FEN1.SGM 15FEN1

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]


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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.
---------------------------------------------------------------------------

    \13\ See ITC Notification.
---------------------------------------------------------------------------

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.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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 http://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