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, 2017, 55913-55915 [2019-22765]
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Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Notices
Scope of the Order
The product covered by this order is
glycine from Thailand. For a complete
description of the scope of this order,
see the Appendix to this notice.
Antidumping Duty Order
On October 8, 2019, in accordance
with sections 735(b)(1)(A)(i) and 735(d)
of the Act, the ITC notified Commerce
of its final determination in this
investigation, in which it found that an
industry in the United States is
materially injured by reason of imports
of glycine from Thailand.3 As a result,
and in accordance with sections
735(c)(2) and 736 of the Act, Commerce
is issuing and publishing this
antidumping duty order. Because the
ITC determined that imports of glycine
from Thailand are materially injuring a
U.S. industry, Commerce will instruct
U.S. Customs and Border Protection
(CBP) to assess antidumping duties on
the subject merchandise from Thailand.
As a result of the ITC Notification, in
accordance with section 736(a) 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
glycine from Thailand. Antidumping
duties will be assessed on unliquidated
entries of glycine from Thailand
entered, or withdrawn from warehouse,
for consumption on or after August 5,
2019, the date of publication of the
Final Determination.4
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) and (C) and section 736 of
the Act, Commerce will instruct CBP to
continue to suspend liquidation on all
relevant entries of glycine from
Thailand. We intend to instruct CBP to
require, at the same time as importers
would normally deposit estimated
import duties on this merchandise, cash
deposits of estimated antidumping
duties for each entry of subject
merchandise equal to the rates noted
below. The all-others rate applies to all
other producers or exporters not
specifically listed. These instructions
suspending liquidation will remain in
effect until further notice.
Critical Circumstances
The ITC found no critical
circumstances on LTFV imports of
glycine from Thailand. Accordingly, we
3 Id.
4 See
Final Determination.
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16:37 Oct 17, 2019
Jkt 250001
will instruct CBP to lift suspension and
to refund all cash deposits made to
secure the payment of estimated
antidumping duties with respect to
entries of glycine from Thailand
entered, or withdrawn from warehouse,
for consumption on or after May 7, 2019
(i.e., 90 days prior to the date of
publication of the Final Determination),
but before August 5, 2019 (i.e., the date
of publication of the Final
Determination).
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
antidumping duty margins are as
follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter or producer
Newtrend Food Ingredient (Thailand)
Co., Ltd ..............................................
All Others ..............................................
227.17
201.59
Notifications to Interested Parties
This notice constitutes the
antidumping duty order with respect to
glycine from Thailand pursuant to
section 736(a) of the Act. Interested
parties can find a list of antidumping
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastatsl.html.
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211(b).
Dated: October 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Order
The merchandise covered by this order is
glycine at any purity level or grade. This
includes glycine of all purity levels, which
covers all forms of crude or technical glycine
including, but not limited to, sodium
glycinate, glycine slurry and any other forms
of amino acetic acid or glycine. Subject
merchandise also includes glycine and
precursors of dried crystalline glycine that
are processed in a third country, including,
but not limited to, refining or any other
processing that would not otherwise remove
the merchandise from the scope of this order
if performed in the country of manufacture
of the in-scope glycine or precursors of dried
crystalline glycine. Glycine has the Chemical
Abstracts Service (CAS) registry number of
56–40–6. Glycine and glycine slurry are
classified under Harmonized Tariff Schedule
of the United States (HTSUS) subheading
2922.49.43.00. Sodium glycinate is classified
in the HTSUS under 2922.49.80.00. While
the HTSUS subheadings and CAS registry
number are provided for convenience and
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55913
customs purposes, the written description of
the scope of this order is dispositive.
[FR Doc. 2019–22764 Filed 10–17–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary Results
of Countervailing Duty Administrative
Review and Rescission, in Part, 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain producers and exporters of
passenger vehicle and light truck tires
(passenger tires) from the People’s
Republic of China (China) received
countervailable subsidies during the
period of review (POR) January 1, 2017
through December 31, 2017.
DATES: Applicable October 18, 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
On August 10, 2015, Commerce
issued a countervailing duty (CVD)
order on passenger tires from China.1
Several interested parties requested that
Commerce conduct an administrative
review of the CVD Order, and on
October 4, 2018, Commerce published
in the Federal Register a notice of
initiation of an administrative review of
the CVD Order for 46 producers/
exporters for the POR.2 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, 2019.3
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (CVD Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018) (Initiation Notice).
3 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
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55914
Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Notices
Scope of the Order
The products covered by the order are
certain passenger vehicle and light truck
tires from China. A full description of
the scope of the order is contained in
the Preliminary Decision
Memorandum.4
Methodology
Commerce is conducting this CVD
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we determine that there
is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.5 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision
Memorandum.6
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
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.
4 See ‘‘Decision Memorandum for the Preliminary
Results of the Administrative Review of the
Countervailing Duty Order on Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China and Rescission, in part, 2017,’’
dated concurrently with this notice (Preliminary
Decision Memorandum) and hereby adopted by this
notice.
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and, section 771(5A)
of the Act regarding specificity.
6 A list of topics discussed in the Preliminary
Decision Memorandum can be found as an
appendix to this notice.
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16:37 Oct 17, 2019
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administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. We received timely
withdrawals of the requests for review,
for which no other parties requested a
review, for the following companies:
Guangrao Taihua International Trade
Co., Ltd., Qingdao Keter International
Co., Limited, Qingdao Odyking Tyre
Co., Ltd., Qinzhou Detai International
Trading Co., Ltd., Shengtai Group Co.,
Ltd., Shouguang Firemax Tyre Co., Ltd.,
Pirelli Tyre Co., Ltd., Shandong New
Continent Tire Co., Ltd., Shandong
Guofeng Rubber Plastics Co., Ltd.,
Qingdao Jinhaoyang International Co.,
Ltd., and Maxon Int’l Co., Limited.7
Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the CVD order on
passenger tires from China with respect
to these companies.
Company
Shandong Longyue Rubber Co.,
Ltd ...........................................
Non-Selected Companies Under
Review ....................................
Subsidy
rate
(percent
ad
valorem)
71.13
56.99
Preliminary Rate for the Non-Selected
Companies Under Review
The statute and the Commerce’s
regulations do not directly address the
establishment of rates to be applied to
companies not selected for individual
examination where Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
Preliminary Results of Review
investigation.
As a result of this review, we
Section 705(c)(5)(A)(i) of the Act
preliminarily determine the
instructs Commerce as a general rule to
countervailable subsidy rates to be:
calculate an all others rate using the
weighted average of the subsidy rates
Subsidy
established for the producers/exporters
rate
individually examined, excluding any
Company
(percent
ad
zero, de minimis, or rates based entirely
valorem)
on facts available. In this review, the
preliminary subsidy rates calculated for
Cooper (Kunshan) Tire Co., Ltd
51.09
Cooper and Longyue and their crossowned affiliates are above de minimis
7 See Letters from Guangrao Taihua International
and are not based entirely on facts
Trade Co., Ltd., Qingdao Keter International Co.,
available. Therefore, for the companies
Limited, Qingdao Odyking Tyre Co., Ltd., Qinzhou
Detai International Trading Co., Ltd., Shengtai
for which a review was requested that
Group Co., Ltd., and Shouguang Firemax Tyre Co.,
were not selected as mandatory
‘‘Certain Passenger Vehicle and Light Truck Tires
company respondents and for which we
From the People’s Republic of China—Withdrawal
did not receive a timely request for
of Request for Administrative Review,’’ dated
December 30, 2018; Pirelli Tyre Co., Ltd.’s Letter,
withdrawal of review, and which we are
‘‘Pirelli’s Withdrawal of Request for Administrative
not finding to be cross-owned with the
Review,’’ dated December 28, 2018; Shandong New
mandatory company respondents, we
Continent Tire Co., Ltd.’s Letter, ‘‘New Continent
are preliminarily basing the subsidy rate
Withdrawal of Review Request for POR 3 of the
Countervailing Duty Order on Passenger Vehicle
on the weighted-average subsidy rates
and Light Truck Tires (PVLT) from the People’s
derived from Cooper and Longyue’s
Republic of China (C–570–017),’’ dated December
publicly available information. For a list
26, 2018; Shandong Guofeng Rubber Plastics Co.,
of these non-selected companies, please
Ltd.’s Letter, ‘‘Passenger Vehicle and Light Truck
Tires From the People’s Republic of China:
see Appendix II to this notice.
Withdrawal of Request for Administrative Review,’’
dated December 21, 2018; Qingdao Jinhaoyang’s
Letter, ‘‘Jinhaoyang’s Withdrawal of Request for
Administrative Review,’’ dated December 18, 2018;
Maxon Int’l Co., Limited’s Letter, ‘‘Certain
Passenger Vehicle and Light Truck Tires From the
People’s Republic of China—Withdrawal of Request
for Administrative Review,’’ dated December 7,
2018; American Pacific Industries, Inc.’s Letter,
‘‘Passenger Vehicle and Light Truck Tires From the
People’s Republic of China: Withdrawal of Request
for Administrative Review,’’ dated December 28,
2019; American Pacific Industries, Inc.’s Letter,
‘‘Passenger Vehicle and Light Truck Tires From the
People’s Republic of China: Withdrawal of Request
for Administrative Review,’’ dated December 19,
2019; and ITG Voma Corporation’s Letter,
‘‘Passenger Vehicle and Light Truck Tires From the
People’s Republic of China—Withdrawal of Request
for Administrative Review,’’ dated December 21,
2018.
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Disclosure and Public Comment
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of publication of this notice in the
Federal Register.8 Interested parties
may submit case and rebuttal briefs, as
well as request a hearing.9 Interested
parties may submit written comments
(case briefs) within 30 days of
publication of the preliminary results
and rebuttal comments (rebuttal briefs)
8 See
9 See
E:\FR\FM\18OCN1.SGM
19 CFR 351.224(b).
19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
18OCN1
Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Notices
within five days after the time limit for
filing case briefs.10 Rebuttal briefs must
be limited to issues raised in the case
briefs.11 Parties who submit case or
rebuttal briefs are requested to submit
with the argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.12
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system.13
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and location to be
determined.14 Parties should confirm by
telephone the date, time, and location of
the hearing. Issues addressed at the
hearing will be limited to those raised
in the briefs.15 All briefs and hearing
requests must be filed electronically and
received successfully in their entirety
through ACCESS by 5:00 p.m. Eastern
Time on the due date.
Unless the deadline is extended,
pursuant to section 751(a)(3)(A) of the
Act, we intend to issue the final results
of this administrative review, including
the results of our analysis of the issues
raised by the parties in their comments,
within 120 days after issuance of these
preliminary results.
Assessment Rates and Cash Deposit
Requirement
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Upon issuance
of the final results, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
CVDs on all appropriate entries covered
by this review. We intend to issue
instructions to CBP 15 days after
publication of the final results of
review. For companies for which this
review is rescinded, Commerce will
instruct CBP to assess countervailing
10 See
19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
19 CFR 351.309(d)(2).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310.
15 See 19 CFR 351.310(c).
11 See
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16:37 Oct 17, 2019
Jkt 250001
55915
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2017 through
December 31, 2017, in accordance with
19 CFR 351.212(c)(l)(i). Commerce
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated CVDs, in the amounts shown
above for each of the respective
companies shown above, on shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
14. Qingdao Sunfulcess Trye Co., Ltd.
15. Riversun Industry Limited.
16. Safe &Well (HK) International Trading
Limited.
17. Sailun Jinyu Group Co., Ltd.
18. Sailun Jinyu Group (Hong Kong) Co.,
Limited.
19. Sailun Tire International Corp.
20. Seatex International Inc.
21. Seatex PTE. Ltd.
22. Shandong Achi Tyres Co., Ltd.
23. Shandong Anchi Tyres Co., Ltd.
24. Shandong Duratti Rubber Corporation
Co., Ltd.
25. Shandong Haohua Tire Co., Ltd.
26. Shandong Hengyu Science & Technology
Co., Ltd.
27. Shandong Jinyu Industrial Co., Ltd.
28. Shandong Province Sanli Tire
Manufactured Co., Ltd.
29. Shandong Wanda Boto Tyre Co., Ltd.
30. Triangle Tyre Co., Ltd.
31. Tyrechamp Group Co., Limited.
32. Windforce Tyre Co., Limited.
33. Winrun Tyre Co., Ltd.
Dated: October 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Certain Uncoated Paper Products
From Australia, Brazil, the People’s
Republic of China, and Indonesia:
Initiation of Anti-Circumvention Inquiry
of Antidumping and Countervailing
Duty Orders
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China’s Economy
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount
Rates, Input, and Electricity Benchmarks
IX. Use of Facts Otherwise Available and
Application of Adverse Inferences
X. Analysis of Programs
XI. Disclosure and Public Comment
XII. Conclusion
Appendix II
Non-Selected Companies Under Review
1. Anhui Jichi Tire Co., Ltd.
2. Bridgestone (Tianjin) Tire Co., Ltd.
3. Bridgestone Corporation.
4. Dynamic Tire Corp.
5. Fleming Limited.
6. Hankook Tire China Co., Ltd.
7. Haohua Orient International Trade Ltd.
8. Husky Tire Corp.
9. Jiangsu Hankook Tire Co., Ltd.
10. Macho Tire Corporation Limited.
11. Mayrun Tyre (Hong Kong) Limited.
12. Qingdao Fullrun Tyre Corp., Ltd.
13. Qingdao Lakesea Tyre Co., Ltd.
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[FR Doc. 2019–22765 Filed 10–17–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–807; A–351–842; A–570–022; C–
570–023; A–560–828; C–560–829]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
Domtar Corporation; Packaging
Corporation of America; North Pacific
Paper Company; Finch Paper LLC;
United Steel, Paper, and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union (collectively, the
petitioners), the U.S. Department of
Commerce (Commerce) is initiating an
anti-circumvention inquiry. In this
inquiry, Commerce intends to determine
whether certain imports of sheeter rolls
of uncoated paper exported from
Australia, Brazil, the People’s Republic
of China (China), and Indonesia, and
completed by conversion into sheets of
paper in the United States, are
circumventing the antidumping and
countervailing duty orders on certain
uncoated paper sheets. Commerce
declines to initiate an anticircumvention inquiry on Portugal at
this time.
DATES: Applicable October 18, 2019.
AGENCY:
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]]>Agencies
[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55913-55915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22765]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review and Rescission, in Part, 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers and exporters of passenger vehicle and light
truck tires (passenger tires) from the People's Republic of China
(China) received countervailable subsidies during the period of review
(POR) January 1, 2017 through December 31, 2017.
DATES: Applicable October 18, 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
On August 10, 2015, Commerce issued a countervailing duty (CVD)
order on passenger tires from China.\1\ Several interested parties
requested that Commerce conduct an administrative review of the CVD
Order, and on October 4, 2018, Commerce published in the Federal
Register a notice of initiation of an administrative review of the CVD
Order for 46 producers/exporters for the POR.\2\ 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.\3\
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (CVD Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation
Notice).
\3\ 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.
---------------------------------------------------------------------------
[[Page 55914]]
Scope of the Order
The products covered by the order are certain passenger vehicle and
light truck tires from China. A full description of the scope of the
order is contained in the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See ``Decision Memorandum for the Preliminary Results of the
Administrative Review of the Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China and Rescission, in part, 2017,'' dated concurrently with
this notice (Preliminary Decision Memorandum) and hereby adopted by
this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this CVD review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we determine that there
is a subsidy, i.e., a financial contribution by an ``authority'' that
confers a benefit to the recipient, and that the subsidy is
specific.\5\ For a full description of the methodology underlying our
preliminary conclusions, including our reliance, in part, on adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and, section 771(5A) of the Act regarding specificity.
\6\ A list of topics discussed in the Preliminary Decision
Memorandum can be found as an appendix to this notice.
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov, and
is available to all parties in the Central Records Unit, room B8024 of
the main Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. We received timely withdrawals
of the requests for review, for which no other parties requested a
review, for the following companies: Guangrao Taihua International
Trade Co., Ltd., Qingdao Keter International Co., Limited, Qingdao
Odyking Tyre Co., Ltd., Qinzhou Detai International Trading Co., Ltd.,
Shengtai Group Co., Ltd., Shouguang Firemax Tyre Co., Ltd., Pirelli
Tyre Co., Ltd., Shandong New Continent Tire Co., Ltd., Shandong Guofeng
Rubber Plastics Co., Ltd., Qingdao Jinhaoyang International Co., Ltd.,
and Maxon Int'l Co., Limited.\7\ Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the CVD order on
passenger tires from China with respect to these companies.
---------------------------------------------------------------------------
\7\ See Letters from Guangrao Taihua International Trade Co.,
Ltd., Qingdao Keter International Co., Limited, Qingdao Odyking Tyre
Co., Ltd., Qinzhou Detai International Trading Co., Ltd., Shengtai
Group Co., Ltd., and Shouguang Firemax Tyre Co., ``Certain Passenger
Vehicle and Light Truck Tires From the People's Republic of China--
Withdrawal of Request for Administrative Review,'' dated December
30, 2018; Pirelli Tyre Co., Ltd.'s Letter, ``Pirelli's Withdrawal of
Request for Administrative Review,'' dated December 28, 2018;
Shandong New Continent Tire Co., Ltd.'s Letter, ``New Continent
Withdrawal of Review Request for POR 3 of the Countervailing Duty
Order on Passenger Vehicle and Light Truck Tires (PVLT) from the
People's Republic of China (C-570-017),'' dated December 26, 2018;
Shandong Guofeng Rubber Plastics Co., Ltd.'s Letter, ``Passenger
Vehicle and Light Truck Tires From the People's Republic of China:
Withdrawal of Request for Administrative Review,'' dated December
21, 2018; Qingdao Jinhaoyang's Letter, ``Jinhaoyang's Withdrawal of
Request for Administrative Review,'' dated December 18, 2018; Maxon
Int'l Co., Limited's Letter, ``Certain Passenger Vehicle and Light
Truck Tires From the People's Republic of China--Withdrawal of
Request for Administrative Review,'' dated December 7, 2018;
American Pacific Industries, Inc.'s Letter, ``Passenger Vehicle and
Light Truck Tires From the People's Republic of China: Withdrawal of
Request for Administrative Review,'' dated December 28, 2019;
American Pacific Industries, Inc.'s Letter, ``Passenger Vehicle and
Light Truck Tires From the People's Republic of China: Withdrawal of
Request for Administrative Review,'' dated December 19, 2019; and
ITG Voma Corporation's Letter, ``Passenger Vehicle and Light Truck
Tires From the People's Republic of China--Withdrawal of Request for
Administrative Review,'' dated December 21, 2018.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
rate
Company (percent
ad
valorem)
------------------------------------------------------------------------
Cooper (Kunshan) Tire Co., Ltd.............................. 51.09
Shandong Longyue Rubber Co., Ltd............................ 71.13
Non-Selected Companies Under Review......................... 56.99
------------------------------------------------------------------------
Preliminary Rate for the Non-Selected Companies Under Review
The statute and the Commerce's regulations do not directly address
the establishment of rates to be applied to companies not selected for
individual examination where Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce as a general
rule to calculate an all others rate using the weighted average of the
subsidy rates established for the producers/exporters individually
examined, excluding any zero, de minimis, or rates based entirely on
facts available. In this review, the preliminary subsidy rates
calculated for Cooper and Longyue and their cross-owned affiliates are
above de minimis and are not based entirely on facts available.
Therefore, for the companies for which a review was requested that were
not selected as mandatory company respondents and for which we did not
receive a timely request for withdrawal of review, and which we are not
finding to be cross-owned with the mandatory company respondents, we
are preliminarily basing the subsidy rate on the weighted-average
subsidy rates derived from Cooper and Longyue's publicly available
information. For a list of these non-selected companies, please see
Appendix II to this notice.
Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of publication of this notice in the Federal Register.\8\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\9\ Interested parties may submit written comments
(case briefs) within 30 days of publication of the preliminary results
and rebuttal comments (rebuttal briefs)
[[Page 55915]]
within five days after the time limit for filing case briefs.\10\
Rebuttal briefs must be limited to issues raised in the case
briefs.\11\ Parties who submit case or rebuttal briefs are requested to
submit with the argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\12\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
\10\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\11\ See 19 CFR 351.309(d)(2).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system.\13\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
we will inform parties of the scheduled date for the hearing which will
be held at the U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time and location to be determined.\14\
Parties should confirm by telephone the date, time, and location of the
hearing. Issues addressed at the hearing will be limited to those
raised in the briefs.\15\ All briefs and hearing requests must be filed
electronically and received successfully in their entirety through
ACCESS by 5:00 p.m. Eastern Time on the due date.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310.
\15\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended, pursuant to section 751(a)(3)(A)
of the Act, we intend to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, within 120 days after issuance of these
preliminary results.
Assessment Rates and Cash Deposit Requirement
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon issuance of the final results, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, CVDs on all appropriate entries covered by this review. We
intend to issue instructions to CBP 15 days after publication of the
final results of review. For companies for which this review is
rescinded, Commerce will instruct CBP to assess countervailing duties
on all appropriate entries at a rate equal to the cash deposit of
estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2017 through December 31, 2017, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends
to instruct CBP to collect cash deposits of estimated CVDs, in the
amounts shown above for each of the respective companies shown above,
on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most-recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: October 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount Rates, Input, and
Electricity Benchmarks
IX. Use of Facts Otherwise Available and Application of Adverse
Inferences
X. Analysis of Programs
XI. Disclosure and Public Comment
XII. Conclusion
Appendix II
Non-Selected Companies Under Review
1. Anhui Jichi Tire Co., Ltd.
2. Bridgestone (Tianjin) Tire Co., Ltd.
3. Bridgestone Corporation.
4. Dynamic Tire Corp.
5. Fleming Limited.
6. Hankook Tire China Co., Ltd.
7. Haohua Orient International Trade Ltd.
8. Husky Tire Corp.
9. Jiangsu Hankook Tire Co., Ltd.
10. Macho Tire Corporation Limited.
11. Mayrun Tyre (Hong Kong) Limited.
12. Qingdao Fullrun Tyre Corp., Ltd.
13. Qingdao Lakesea Tyre Co., Ltd.
14. Qingdao Sunfulcess Trye Co., Ltd.
15. Riversun Industry Limited.
16. Safe &Well (HK) International Trading Limited.
17. Sailun Jinyu Group Co., Ltd.
18. Sailun Jinyu Group (Hong Kong) Co., Limited.
19. Sailun Tire International Corp.
20. Seatex International Inc.
21. Seatex PTE. Ltd.
22. Shandong Achi Tyres Co., Ltd.
23. Shandong Anchi Tyres Co., Ltd.
24. Shandong Duratti Rubber Corporation Co., Ltd.
25. Shandong Haohua Tire Co., Ltd.
26. Shandong Hengyu Science & Technology Co., Ltd.
27. Shandong Jinyu Industrial Co., Ltd.
28. Shandong Province Sanli Tire Manufactured Co., Ltd.
29. Shandong Wanda Boto Tyre Co., Ltd.
30. Triangle Tyre Co., Ltd.
31. Tyrechamp Group Co., Limited.
32. Windforce Tyre Co., Limited.
33. Winrun Tyre Co., Ltd.
[FR Doc. 2019-22765 Filed 10-17-19; 8:45 am]
BILLING CODE 3510-DS-P
