Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2016, 17382-17384 [2019-08347]
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17382
Federal Register / Vol. 84, No. 80 / Thursday, April 25, 2019 / Notices
after the date of publication of these
final results of review.
For TTI, we calculated importerspecific ad valorem duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those sales, in
accordance with 19 CFR 351.212(b)(1).
Where an importer- (or customer-)
specific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.15
Pursuant to Commerce’s assessment
practice, for entries that were not
reported in the U.S. sales data submitted
by TTI, we will instruct CBP to liquidate
such entries at the China-wide rate.16
Similarly, because Commerce
determined that Daikin and Zhejiang
Yonghe had no shipments of the subject
merchandise, any suspended entries of
subject merchandise from Daikin and
Zhejiang Yonghe will also be liquidated
at the China-wide rate.17
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
determined for TTI in the final results
of this administrative review.
For the companies found to be part of
the China-wide entity, because
Commerce determined that these
companies did not qualify for a separate
rate, we will instruct CBP to assess
dumping duties on the companies’
entries of subject merchandise at the
rate of 216.37 percent.
khammond on DSKBBV9HB2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review; (2) for
previously investigated or reviewed
China and non-China exporters not
listed above that currently have a
separate rate, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
15 See
19 CFR 351.106(c)(2).
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
17 Id.
VerDate Sep<11>2014
16:25 Apr 24, 2019
Jkt 247001
completed segment of this proceeding
where the exporter received that
separate rate; (3) for all China exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the China-wide entity, 216.37
percent; and (4) for all non-China
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the China exporter
that supplied that non-China exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Discussion of the Issues
Comment 1: Ministerial Error
Comment 2: The Margin Assigned to TTI
Comment 3: Selection of Separate Rate for
Non-Selected Respondents
Comment 4: Adjusting Global Trade Atlas
Import Data for Movement Expenses
Comment 5: Surrogate Values (SVs) for R–
32 and R–143a
Comment 6: SV for Anhydrous Hydrogen
Fluoride
Comment 7: Surrogate Financial
Statements
Recommendation
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
DEPARTMENT OF COMMERCE
Notifications to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notifications to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
[FR Doc. 2019–08348 Filed 4–24–19; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[C–570–017]
Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck
Tires From the People’s Republic of
China: Final Results of Countervailing
Duty Administrative Review; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers/exporters of
passenger vehicle and light truck tires
from the People’s Republic of China
(China) during the period of review
(POR) January 1, 2016, through
December 31, 2016.
DATES: Applicable April 25, 2019.
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:
AGENCY:
Appendix I
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on September 10,
2018.1 We invited interested parties to
comment on the Preliminary Results. On
October 31, 2018, we received case
briefs from the following interested
parties: Cooper (Kunshan) Tire Co., Ltd.
(Cooper); Qingdao Sentury Tire Co. Ltd.
(Sentury); and the Government of China
(GOC). No party submitted rebuttal
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
Scope of the Order
Changes Since the Preliminary Results
1 See 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, 83 FR 45611 (September 10, 2018)
(Preliminary Results).
Dated: April 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
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17383
benchmarks for Cooper, adjusted the
ocean freight rates used to construct the
benchmark for carbon black and nylon
cord for Cooper, and corrected various
ministerial errors for both respondents.
These changes are explained in the
Issues and Decision Memorandum.
Subsidy
rate
(%)
briefs. On December 17, 2018,
Commerce extended the period for
issuing the final results of this review
until February 7, 2019. Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2 This
extended the deadline for the final
results to March 19, 2019. On March 13,
2019, Commerce extended the period
for issuing the final results an additional
30 days. The revised deadline for the
final results is now April 18, 2019.
Scope of the Order
The products covered by the order are
certain passenger vehicle and light truck
tires from the China. A full description
of the scope of the order is contained in
the Issues and Decision Memorandum.3
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of the issues raised by
interested parties and to which we
responded in the Issues and Decision
Memorandum is provided in Appendix
I to this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be access directly at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on case briefs, and all
supporting documentation, we made
certain changes from the Preliminary
Results. Commerce has adjusted the
synthetic rubber and butadiene
khammond on DSKBBV9HB2PROD with NOTICES
2 See
Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See ‘‘Decision Memorandum for the Final
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 (Issues and Decision Memorandum) and
hereby adopted by this notice.
VerDate Sep<11>2014
16:25 Apr 24, 2019
Jkt 247001
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found to be countervailable, we find
that there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.4 For a full description of the
methodology underlying all of
Commerce’s conclusions, including any
determination that relied upon the use
of adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), we calculated a
countervailable subsidy rate for the
mandatory respondents, Cooper and
Sentury. For the non-selected
companies subject to this review,5 we
followed Commerce’s practice, which is
to base the subsidy rates on an average
of the subsidy rates calculated for those
companies selected for individual
review, excluding de minimis rates or
rates based entirely on adverse facts
available.6 In this case, for the nonselected companies, we have calculated
a rate by weight-averaging the
calculated subsidy rates of Cooper and
Sentury using their publicly-ranged
sales data for exports of subject
merchandise to the United States during
the POR. We find the countervailable
subsidy rates for the producers/
exporters under review to be as follows:
Subsidy
rate
(%)
Company
Cooper (Kunshan) Tire Co., Ltd.
(Cooper) ......................................
Qingdao Sentury Tire Co. Ltd.
(Sentury) .....................................
16.37
15.75
4 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.
5 See Appendix II.
6 See, e.g., Certain Pasta from Italy: Preliminary
Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 18806, 18811 (April
13, 2010), unchanged in Certain Pasta from Italy:
Final Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386 (June 29,
2010).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Company
Non-Selected Companies Under
Review ........................................
16.17
Disclosure
We will disclose to the parties in this
proceeding the calculations performed
for these final results within five days
of the date of publication of this notice
in the Federal Register.7
Assessment Rates
Consistent with 19 CFR 351.212(b)(2),
we intend to issue assessment
instructions to U.S. Customs and Border
Protection (CBP) 15 days after the date
of publication of these final results of
review, to liquidate shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption, on or
after January 1, 2016, through December
31, 2016, at the ad valorem rates listed
above.
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, we intend to instruct CBP to
collect cash deposits of estimated
countervailing duties in the amounts
shown for each of the respective
companies listed above. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
7 See
E:\FR\FM\25APN1.SGM
19 CFR 351.224(b).
25APN1
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Federal Register / Vol. 84, No. 80 / Thursday, April 25, 2019 / Notices
III. List of Comments from Interested Parties
IV. Scope of the Order
V. Changes Since the Preliminary Results
VI. Non-Selected Companies Under Review
VII. Subsidies Valuation Information
1. Allocation Period
2. Attribution of Subsidies
3. Denominators
4. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Programs Determined to be
Countervailable
X. Programs Determined Not To Be Used or
Not to Confer Measurable Benefits
During the POR
XI. Analysis of Comments
Comment 1: Sentury’s Loan Calculation
Comment 2: Sentury’s Export Credit
Seller’s Program
Comment 3: Sentury’s VAT and Import
Duty Exemption
Comment 4: Alleged Errors in Sentury’s
Electricity Calculation
Comment 5: Loan Calculation Handling
Fees
Comment 6: 2015 and 2016 U.S. Dollar
Benchmark
Comment 7: AFA Rate Assigned to Cooper
for Export Buyer’s Credit Program
Comment 8: Ocean Freight Benchmark
Applied to Cooper
Comment 9: Cooper’s Benefit for Electricity
at LTAR
Comment 10: Benefit to Cooper Under the
Special Fund for Energy Saving
Technology Reform Program
Comment 11: Alleged Errors in Grant
Calculations
Comment 12: Grade Specific Benchmarks
for Cooper’s Purchases of Synthetic
Rubber and Butadiene
Comment 13: Alleged Errors in Cooper’s
Government Policy Lending Calculation
Comment 14: Ocean Freight and Import
Duties Added to Tier 1 or Tier 2
Benchmarks
Comment 15: Export Buyer’s Credit
Comment 16: Whether the Export Buyer’s
Credit Program Should be Considered an
Export Subsidy
Comment 17: Other Subsidies
Comment 18: Appendix II
XII. Recommendation
Appendix—Non-Selected Companies Under
Review
khammond on DSKBBV9HB2PROD with NOTICES
Appendix II
Non-Selected Companies Under Review
1. Best Industries Ltd.
2. BC Tyre Group Limited
3. Crown International Corporation
4. Dongying Zhongyi Rubber Co., Ltd.
5. Hankook Tire China Co., Ltd.
6. Hong Kong Tiancheng Investment &
Trading Co., Limited
7. Hongtyre Group Co.
8. Jiangsu Hankook Tire Co., Ltd.
9. Jiangsu Sanhe Aluminum
10. Kenda Rubber (China) Co., Ltd.
11. Koryo International Industrial Limited
12. Mayrun Tyre (Hong Kong) Limited
13. Qingdao Jinhaoyang International Co.,
Ltd.
14. Qingdao Nama Industrial Co., Ltd.
15. Qingdao Odyking Tyre Co., Ltd.
VerDate Sep<11>2014
16:25 Apr 24, 2019
Jkt 247001
16. Roadclaw Tyre (Hong Kong) Limited
17. Shandong Anchi Tyres Co., Ltd.
18. Shandong Haohua Tire Co., Ltd.
19. Shandong Haolong Rubber Co., Ltd.
20. Shandong Hengyu Science & Technology
Co., Ltd.
21. Shandong Linglong Tyre Co., Ltd.
22. Shandong Longyue Rubber Co., Ltd.
23. Shandong New Continent Tire Co., Ltd.
24. Shandong Province Sanli Tire
25. Shandong Province Sanli Tire
Manufactured Co., Ltd.
26. Shandong Shuangwang Rubber Co., Ltd.
27. Shandong Wanda Boto Tyre Co., Ltd.
28. Shandong Yongsheng Rubber Group Co.,
Ltd.
29. Shouguang Firemax Tyre Co., Ltd.
30. The Yokohama Rubber Company, Ltd.
31. Tyrechamp Group Co., Limited
32. Winrun Tyre Co., Ltd.
33. Zhaoqing Junhong Co., Ltd.
[FR Doc. 2019–08347 Filed 4–24–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG612
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Site
Characterization Surveys off the Coast
of North Carolina
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments on proposed authorization
and possible renewal.
AGENCY:
NMFS has received a request
from Avangrid Renewables, LLC for
authorization to take marine mammals
incidental to high-resolution
geophysical (HRG) survey investigations
associated with marine site
characterization activities off the coast
of North Carolina in the area of the
Commercial Lease of Submerged Lands
for Renewable Energy Development on
the Outer Continental Shelf (OCS–A
0508) (the Lease Area) and the coastal
waters off North Carolina and Virginia
where one or more cable route corridors
will be established. Pursuant to the
Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an incidental
harassment authorization (IHA) to
incidentally take marine mammals
during the specified activities. NMFS is
also requesting comments on a possible
one-year renewal that could be issued
under certain circumstances and if all
requirements are met, as described in
SUMMARY:
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Fmt 4703
Sfmt 4703
Request for Public Comments at the end
of this notice. NMFS will consider
public comments prior to making any
final decision on the issuance of the
requested MMPA authorizations and
agency responses will be summarized in
the final notice of our decision.
DATES: Comments and information must
be received no later than May 28, 2019.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.pauline@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. All
personal identifying information (e.g.,
name, address) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit confidential
business information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Rob
Pauline, Office of Protected Resources,
NMFS, (301) 427–8401. Electronic
copies of the application and supporting
documents, as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. In case of problems
accessing these documents, please call
the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
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Agencies
[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Notices]
[Pages 17382-17384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08347]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Countervailing Duty Order on Certain Passenger Vehicle and Light
Truck Tires From the People's Republic of China: Final Results of
Countervailing Duty Administrative Review; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers/exporters of
passenger vehicle and light truck tires from the People's Republic of
China (China) during the period of review (POR) January 1, 2016,
through December 31, 2016.
DATES: Applicable April 25, 2019.
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
Commerce published the Preliminary Results of this administrative
review in the Federal Register on September 10, 2018.\1\ We invited
interested parties to comment on the Preliminary Results. On October
31, 2018, we received case briefs from the following interested
parties: Cooper (Kunshan) Tire Co., Ltd. (Cooper); Qingdao Sentury Tire
Co. Ltd. (Sentury); and the Government of China (GOC). No party
submitted rebuttal
[[Page 17383]]
briefs. On December 17, 2018, Commerce extended the period for issuing
the final results of this review until February 7, 2019. Commerce
exercised its discretion to toll all deadlines affected by the partial
federal government closure from December 22, 2018, through the
resumption of operations on January 29, 2019.\2\ This extended the
deadline for the final results to March 19, 2019. On March 13, 2019,
Commerce extended the period for issuing the final results an
additional 30 days. The revised deadline for the final results is now
April 18, 2019.
---------------------------------------------------------------------------
\1\ See 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, 83 FR
45611 (September 10, 2018) (Preliminary Results).
\2\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain passenger vehicle and
light truck tires from the China. A full description of the scope of
the order is contained in the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ See ``Decision Memorandum for the Final 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 (Issues and
Decision Memorandum) and hereby adopted by this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
the issues raised by interested parties and to which we responded in
the Issues and Decision Memorandum is provided in Appendix I to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the Central Records Unit, Room B8024 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be access directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on case briefs, and all supporting documentation, we made
certain changes from the Preliminary Results. Commerce has adjusted the
synthetic rubber and butadiene benchmarks for Cooper, adjusted the
ocean freight rates used to construct the benchmark for carbon black
and nylon cord for Cooper, and corrected various ministerial errors for
both respondents. These changes are explained in the Issues and
Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found to be countervailable, we find that there
is a subsidy, i.e., a financial contribution from a government or
public entity that gives rise to a benefit to the recipient, and that
the subsidy is specific.\4\ For a full description of the methodology
underlying all of Commerce's conclusions, including any determination
that relied upon the use of adverse facts available pursuant to
sections 776(a) and (b) of the Act, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), we calculated a
countervailable subsidy rate for the mandatory respondents, Cooper and
Sentury. For the non-selected companies subject to this review,\5\ we
followed Commerce's practice, which is to base the subsidy rates on an
average of the subsidy rates calculated for those companies selected
for individual review, excluding de minimis rates or rates based
entirely on adverse facts available.\6\ In this case, for the non-
selected companies, we have calculated a rate by weight-averaging the
calculated subsidy rates of Cooper and Sentury using their publicly-
ranged sales data for exports of subject merchandise to the United
States during the POR. We find the countervailable subsidy rates for
the producers/exporters under review to be as follows:
---------------------------------------------------------------------------
\5\ See Appendix II.
\6\ See, e.g., Certain Pasta from Italy: Preliminary Results of
the 13th (2008) Countervailing Duty Administrative Review, 75 FR
18806, 18811 (April 13, 2010), unchanged in Certain Pasta from
Italy: Final Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386 (June 29, 2010).
------------------------------------------------------------------------
Subsidy
Company rate (%)
------------------------------------------------------------------------
Cooper (Kunshan) Tire Co., Ltd. (Cooper)...................... 16.37
Qingdao Sentury Tire Co. Ltd. (Sentury)....................... 15.75
Non-Selected Companies Under Review........................... 16.17
------------------------------------------------------------------------
Disclosure
We will disclose to the parties in this proceeding the calculations
performed for these final results within five days of the date of
publication of this notice in the Federal Register.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Assessment Rates
Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment
instructions to U.S. Customs and Border Protection (CBP) 15 days after
the date of publication of these final results of review, to liquidate
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption, on or after January 1, 2016, through December 31,
2016, at the ad valorem rates listed above.
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, we intend to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
[[Page 17384]]
III. List of Comments from Interested Parties
IV. Scope of the Order
V. Changes Since the Preliminary Results
VI. Non-Selected Companies Under Review
VII. Subsidies Valuation Information
1. Allocation Period
2. Attribution of Subsidies
3. Denominators
4. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Programs Determined to be Countervailable
X. Programs Determined Not To Be Used or Not to Confer Measurable
Benefits During the POR
XI. Analysis of Comments
Comment 1: Sentury's Loan Calculation
Comment 2: Sentury's Export Credit Seller's Program
Comment 3: Sentury's VAT and Import Duty Exemption
Comment 4: Alleged Errors in Sentury's Electricity Calculation
Comment 5: Loan Calculation Handling Fees
Comment 6: 2015 and 2016 U.S. Dollar Benchmark
Comment 7: AFA Rate Assigned to Cooper for Export Buyer's Credit
Program
Comment 8: Ocean Freight Benchmark Applied to Cooper
Comment 9: Cooper's Benefit for Electricity at LTAR
Comment 10: Benefit to Cooper Under the Special Fund for Energy
Saving Technology Reform Program
Comment 11: Alleged Errors in Grant Calculations
Comment 12: Grade Specific Benchmarks for Cooper's Purchases of
Synthetic Rubber and Butadiene
Comment 13: Alleged Errors in Cooper's Government Policy Lending
Calculation
Comment 14: Ocean Freight and Import Duties Added to Tier 1 or
Tier 2 Benchmarks
Comment 15: Export Buyer's Credit
Comment 16: Whether the Export Buyer's Credit Program Should be
Considered an Export Subsidy
Comment 17: Other Subsidies
Comment 18: Appendix II
XII. Recommendation
Appendix--Non-Selected Companies Under Review
Appendix II
Non-Selected Companies Under Review
1. Best Industries Ltd.
2. BC Tyre Group Limited
3. Crown International Corporation
4. Dongying Zhongyi Rubber Co., Ltd.
5. Hankook Tire China Co., Ltd.
6. Hong Kong Tiancheng Investment & Trading Co., Limited
7. Hongtyre Group Co.
8. Jiangsu Hankook Tire Co., Ltd.
9. Jiangsu Sanhe Aluminum
10. Kenda Rubber (China) Co., Ltd.
11. Koryo International Industrial Limited
12. Mayrun Tyre (Hong Kong) Limited
13. Qingdao Jinhaoyang International Co., Ltd.
14. Qingdao Nama Industrial Co., Ltd.
15. Qingdao Odyking Tyre Co., Ltd.
16. Roadclaw Tyre (Hong Kong) Limited
17. Shandong Anchi Tyres Co., Ltd.
18. Shandong Haohua Tire Co., Ltd.
19. Shandong Haolong Rubber Co., Ltd.
20. Shandong Hengyu Science & Technology Co., Ltd.
21. Shandong Linglong Tyre Co., Ltd.
22. Shandong Longyue Rubber Co., Ltd.
23. Shandong New Continent Tire Co., Ltd.
24. Shandong Province Sanli Tire
25. Shandong Province Sanli Tire Manufactured Co., Ltd.
26. Shandong Shuangwang Rubber Co., Ltd.
27. Shandong Wanda Boto Tyre Co., Ltd.
28. Shandong Yongsheng Rubber Group Co., Ltd.
29. Shouguang Firemax Tyre Co., Ltd.
30. The Yokohama Rubber Company, Ltd.
31. Tyrechamp Group Co., Limited
32. Winrun Tyre Co., Ltd.
33. Zhaoqing Junhong Co., Ltd.
[FR Doc. 2019-08347 Filed 4-24-19; 8:45 am]
BILLING CODE 3510-DS-P