Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review; 2016, 28011-28012 [2019-12728]

Download as PDF Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices and (3) a table of authorities.10 All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the established deadline. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. We intend to issue the final results of this administrative review, including the results of our analysis of each of the issues raised in written briefs, not later than 120 days after the date of publication of this notice in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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. 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, and 19 CFR 351.221(b)(4). Dated: June 10, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. khammond on DSKBBV9HB2PROD with NOTICES Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Methodology 10 See 19 CFR 351.309(c)(2) and (d)(2); and 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 A. Comparisons to Normal Value B. Date of Sale C. Product Comparisons D. Export Price E. Normal Value F. Cost of Production Analysis G. Calculation of Normal Value Based on Comparison Market Prices H. Currency Conversion V. Recommendation [FR Doc. 2019–12727 Filed 6–14–19; 8:45 am] BILLING CODE 3510–DS–P 28011 parties submitted ministerial error allegations or comments on Cooper’s allegation. 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 Amended Final Decision Memorandum.3 Ministerial Errors 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: Amended Final Results of Countervailing Duty Administrative Review; 2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the final results of the countervailing duty administrative review of certain passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) to correct a ministerial error. The period of review (POR) is January 1, 2016 through December 31, 2016. DATES: Applicable June 17, 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: Background In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(b)(5), on April 25, 2019, Commerce published its final results of the countervailing duty administrative review of passenger tires from China.1 On May 6, 2019, Cooper (Kunshan) Tire Co., Ltd. (Cooper) submitted a request to correct a clerical error in the Final Results.2 No other 1 See 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, 84 FR 17382 (April 25, 2019) (Final Results). 2 See Cooper’s Letter, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China/Allegation of A Ministerial Error,’’ dated May 6, 2019 (Cooper Ministerial Comments). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Section 751(h) of the Act and 19 CFR 351.224(f) define a ‘‘ministerial error’’ as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial. As discussed in the Amended Final Decision Memorandum, Commerce finds that the error alleged by Cooper constitutes a ministerial error within the meaning of 19 CFR 351.224(f).4 Specifically, Commerce made an error in the calculation of the benefit to Cooper from the provision of synthetic rubber and butadiene for less than adequate remuneration. In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results to correct the ministerial error. Specifically, we are amending the net subsidy rates for Cooper and the non-selected companies under review.5 The revised net subsidy rates are provided below. Amended Final Results As a result of correcting the ministerial error, we determine that the countervailable subsidy rates for the producers/exporters under review are as follows: Company Cooper (Kunshan) Tire Co., Ltd. (Cooper) .................................. Qingdao Sentury Tire Co. Ltd. (Sentury) ................................. Subsidy rate (percent) 15.47 15.75 3 See Memorandum ‘‘Administrative Review of the Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Decision Memorandum for Amended Final Results,’’ dated concurrently and herby adopted by this notice (Amended Final Decision Memorandum) for a full description of the scope of the order. 4 Id. at 5. 5 Id. at 5–6. Because we relied on Cooper’s and Qingdao Sentury Tire Co. Ltd.’s subsidy rates to calculate the rate for non-selected companies under review, we are revising the rate for non-selected companies under review in these amended final results. See Final Results at Appendix II for a list of the non-selected companies under review. E:\FR\FM\17JNN1.SGM 17JNN1 28012 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices Subsidy rate (percent) Company Non-Selected Companies Under Review .................................... 15.56 Dated: June 11, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–12728 Filed 6–14–19; 8:45 am] BILLING CODE 3510–DS–P Assessment Rates Commerce intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these amended 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. Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above for the companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after April 25, 2019, the date of publication of the Final Results. For all non-reviewed firms, we will instruct CBP to collect cash deposits at the most-recent company specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a 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. khammond on DSKBBV9HB2PROD with NOTICES Disclosure We intend to disclose the calculations performed for these amended final results to interested parties within five business days of the date of the publication of this notice in accordance with 19 CFR 351.224(b). We are issuing and publishing these results in accordance with sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e). VerDate Sep<11>2014 16:34 Jun 14, 2019 Jkt 247001 DEPARTMENT OF COMMERCE International Trade Administration Notice of Vacancies on the United States-Mexico Energy Business Council International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: In 2016, the Governments of the United States and Mexico established the U.S.-Mexico Energy Business Council (the ‘‘Council’’). This notice announces three membership opportunities for appointment as U.S. representatives to the U.S. Section of the Council for a term ending in June 2020. DATES: All applications must be received by the Office of North America by 5:00 p.m. Eastern Standard Time (EST) on July 8, 2019. ADDRESSES: Please submit applications to Leslie Wilson, International Trade Specialist, Office of North America, U.S. Department of Commerce either by email at Leslie.Wilson@trade.gov (preferred method) or by mail to U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 30014, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Leslie Wilson, Office of North America, U.S. Department of Commerce, telephone: (202) 482–0704, email: Leslie.Wilson@trade.gov. SUPPLEMENTARY INFORMATION: The U.S. Department of Commerce, the U.S. Department of Energy, the Ministry of Economy of the United Mexican States, and the Ministry of Energy of the United Mexican States established the Council in February 2016. The objective of the Council is to bring together representatives of the respective energy industries of the United States and Mexico to discuss issues of mutual interest, particularly ways to strengthen the economic and commercial ties between energy industries in the two countries, and communicating actionable, non-binding recommendations to the U.S. and Mexican Governments. For more information, please consult the Terms of Reference of the Council (copy and paste link into browser): https://www.trade.gov/hled/documents/ SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Signed%20US-MEX%20Energy% 20Business%20Council%20Terms% 20(May%202016%20-%20English).pdf. The Department of Commerce is currently seeking candidates for three membership positions on the U.S. Section of the Council. Each applicant must be a senior representative (e.g., Chief Executive Officer, Vice President, Regional Manager, Senior Director, or holder of a similar position) of a U.S.owned or controlled individual company, trade association, or private sector organization that is incorporated in and has its main headquarters in the United States and whose activities include a focus on the manufacture, production, commercialization and/or trade in goods and services for the energy industry in Mexico. Each applicant must also be a U.S. citizen, or otherwise legally authorized to work in the United States, and be able to travel to Mexico or locations in the United States to attend Council meetings, as well as U.S. Section and Committee meetings. In addition, the applicant may not be a registered foreign agent under the Foreign Agents Registration Act of 1938, as amended. Applications for membership in the U.S. Section by eligible individuals will be evaluated on the following criteria: —A demonstrated commitment by the entity to be represented to the Mexican market, including as applicable either through exports or investment. —A demonstrated strong interest in Mexico and its economic development. —The ability to offer to the work of the Council a broad perspective and business experience specific to the energy industry. —The ability to address cross-cutting issues that affect the entity’s entire energy industry sub-sector. —The ability to dedicate organizational resources to initiate and be responsible for activities in which the Council will be active. U.S. Section members will also be selected on the basis of who is best qualified to carry out the objectives of the Council to: —Promote increased two-way investment in the energy industry; —Promote two-way trade in goods and services produced by and used in the energy industry, including the oil and gas, renewable energy, electricity, nuclear energy, and energy efficiency sub-sectors; —Promote the development of binational value chains in the production of goods and services in the energy sector; E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Notices]
[Pages 28011-28012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12728]


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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: Amended Final Results 
of Countervailing Duty Administrative Review; 2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the countervailing duty administrative review of certain 
passenger vehicle and light truck tires (passenger tires) from the 
People's Republic of China (China) to correct a ministerial error. The 
period of review (POR) is January 1, 2016 through December 31, 2016.

DATES: Applicable June 17, 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

    In accordance with section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.221(b)(5), on April 25, 2019, 
Commerce published its final results of the countervailing duty 
administrative review of passenger tires from China.\1\ On May 6, 2019, 
Cooper (Kunshan) Tire Co., Ltd. (Cooper) submitted a request to correct 
a clerical error in the Final Results.\2\ No other parties submitted 
ministerial error allegations or comments on Cooper's allegation.
---------------------------------------------------------------------------

    \1\ See 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, 84 FR 
17382 (April 25, 2019) (Final Results).
    \2\ See Cooper's Letter, ``Certain Passenger Vehicle and Light 
Truck Tires from the People's Republic of China/Allegation of A 
Ministerial Error,'' dated May 6, 2019 (Cooper Ministerial 
Comments).
---------------------------------------------------------------------------

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 Amended Final Decision Memorandum.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum ``Administrative Review of the Countervailing 
Duty Order on Certain Passenger Vehicle and Light Truck Tires from 
the People's Republic of China: Decision Memorandum for Amended 
Final Results,'' dated concurrently and herby adopted by this notice 
(Amended Final Decision Memorandum) for a full description of the 
scope of the order.
---------------------------------------------------------------------------

Ministerial Errors

    Section 751(h) of the Act and 19 CFR 351.224(f) define a 
``ministerial error'' as an error in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial. As discussed in the 
Amended Final Decision Memorandum, Commerce finds that the error 
alleged by Cooper constitutes a ministerial error within the meaning of 
19 CFR 351.224(f).\4\ Specifically, Commerce made an error in the 
calculation of the benefit to Cooper from the provision of synthetic 
rubber and butadiene for less than adequate remuneration.
---------------------------------------------------------------------------

    \4\ Id. at 5.
---------------------------------------------------------------------------

    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results to correct the ministerial error. 
Specifically, we are amending the net subsidy rates for Cooper and the 
non-selected companies under review.\5\ The revised net subsidy rates 
are provided below.
---------------------------------------------------------------------------

    \5\ Id. at 5-6. Because we relied on Cooper's and Qingdao 
Sentury Tire Co. Ltd.'s subsidy rates to calculate the rate for non-
selected companies under review, we are revising the rate for non-
selected companies under review in these amended final results. See 
Final Results at Appendix II for a list of the non-selected 
companies under review.
---------------------------------------------------------------------------

Amended Final Results

    As a result of correcting the ministerial error, we determine that 
the countervailable subsidy rates for the producers/exporters under 
review are as follows:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Cooper (Kunshan) Tire Co., Ltd. (Cooper)....................       15.47
Qingdao Sentury Tire Co. Ltd. (Sentury).....................       15.75

[[Page 28012]]

 
Non-Selected Companies Under Review.........................       15.56
------------------------------------------------------------------------

Assessment Rates

    Commerce intends to issue assessment instructions to U.S. Customs 
and Border Protection (CBP) 15 days after the date of publication of 
these amended 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.
    Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties, in the amounts shown above for the 
companies listed above on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after April 25, 2019, 
the date of publication of the Final Results. For all non-reviewed 
firms, we will instruct CBP to collect cash deposits at the most-recent 
company specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a 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.

Disclosure

    We intend to disclose the calculations performed for these amended 
final results to interested parties within five business days of the 
date of the publication of this notice in accordance with 19 CFR 
351.224(b).
    We are issuing and publishing these results in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: June 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-12728 Filed 6-14-19; 8:45 am]
 BILLING CODE 3510-DS-P