Certain New Pneumatic Off-The-Road Tires From the People's Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2017, 63612-63613 [2019-24899]

Download as PDF 63612 Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices 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: November 6, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Companies Not Selected for Individual Examination V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2019–24852 Filed 11–15–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–913] Certain New Pneumatic Off-The-Road Tires From the People’s Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of new pneumatic off-the-road tires from the People’s Republic of China (China). In addition, we are rescinding this review with respect to three companies. The period of review (POR) is January 1, 2017 through December 31, 2017. Interested parties are invited to comment on these preliminary results. SUMMARY: DATES: Applicable November 18, 2019. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Jack Zhao, 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) 482–5484 or (202) 482–1396, respectively. Scope of the Order The products covered by the order are new pneumatic tires designed for offthe-road (OTR) and off-highway use. For a full description of the scope of this VerDate Sep<11>2014 17:41 Nov 15, 2019 Jkt 250001 order, see the Preliminary Decision Memorandum.1 Methodology On September 4, 2008, Commerce issued a countervailing duty order on new pneumatic tires designed for OTR and off-highway use.2 Commerce is conducting this administrative 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 preliminarily find that there is a subsidy (i.e., a financial contribution from an authority that gives rise to a benefit to the recipient) and that the subsidy is specific.3 For a full description of the methodology underlying our preliminary conclusions, including our reliance, in part, on adverse facts otherwise available, pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is provided in the 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 http://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 at http://enforcement.trade.gov/ frn/. The signed 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 party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. On 1 See ‘‘Decision Memorandum for the Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review of Certain New Pneumatic Off-The-Road Tires from the People’s Republic of China; 2017,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 2 See Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Countervailing Duty Order, 73 FR 51627 (September 4, 2008) (OTR Tires China CVD Order). 3 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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 September 28, 2018, we received timely requests to conduct an administrative review from Triangle Tyre Co., Ltd. (Triangle), Laizhou Xiongying Rubber Industry Co., Ltd. (Xiongying), and Qingdao Jinhaoyang International Co., Ltd. (Jinhaoyang).4 On October 1, 2018, Super Grip Corporation and Weihai Zhongwei Rubber Co., Ltd. (Zhongwei) each filed requests that Zhongwei be reviewed.5 Xiongying, Jinhaoyang, and Triangle each timely submitted withdrawal requests within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order with respect to these entities. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this administrative review of the OTR Tires China CVD Order with respect to these three parties. Preliminary Results of Review As a result of this review, we preliminarily determine that, during the period January 1, 2017 through December 31, 2017, the following estimated countervailable subsidy rate exists: Company Subsidy rate (percent) Weihai Zhongwei Rubber Co., Ltd. (Zhongwei) ....................... 24.49 Disclosure and Public Comment Commerce will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.6 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.7 Rebuttal briefs must be limited 4 See Triangle’s Letter, ‘‘New Pneumatic Off-theRoad Tires from the People’s Republic of China: Request for Administrative Review,’’ dated September 28, 2018; Xiongying’s Letter, ‘‘Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Request for Review,’’ dated September 28, 2018; and Jinhaoyang’s Letter, ‘‘Jinhaoyang’s Request for CVD Administrative Review Certain New Pneumatic Off-the-Road Tires from China (C–570–913),’’ dated September 28, 2018. 5 See Super Grip’s Letter, ‘‘New Pneumatic Offthe-Road Tires People’s Republic of China Request for Administrative Review,’’ dated October 1, 2018; see also Zhongwei’s Letter, ‘‘New Pneumatic Offthe-Road Tires from the People’s Republic of China: Request for Administrative Review,’’ dated October 1, 2018. 6 See 19 CFR 351.224(b). 7 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). E:\FR\FM\18NON1.SGM 18NON1 Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices to issues raised in the case briefs.8 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.9 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.10 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.11 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.12 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, Commerce intends 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 publication of these preliminary results. the suspension of liquidation and to discontinue the collection of cash deposits on entries of subject merchandise, entered or withdrawn from warehouse, on or after February 4, 2019.14 Furthermore, because the OTR Tires China CVD Order has been revoked as a result of the Revocation Notice, Commerce will not issue cash deposit instructions at the conclusion of this administrative review. Assessment Rates Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties 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. DEPARTMENT OF COMMERCE Cash Deposit Requirement On May 10, 2019, as a result of the five-year (sunset) review, Commerce revoked the OTR Tires China CVD Order.13 In the Revocation Notice, Commerce stated that it intended to issue instructions to CBP to terminate 8 See VerDate Sep<11>2014 17:41 Nov 15, 2019 Jkt 250001 These preliminary results of review are issued and published in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: November 12, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of Administrative Review V. Use of Facts Otherwise Available and Application of Adverse Inferences VI. Diversification of China’s Economy VII. Subsidies Valuation VIII. Benchmarks and Discount Rates IX. Analysis of Programs X. Disclosure and Public Comment XI. Recommendation [FR Doc. 2019–24899 Filed 11–15–19; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–580–880] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that the producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV). Interested parties are invited to comment on these preliminary results of review. DATES: Applicable November 18, 2019. FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Whitley Herndon, AGENCY: 19 CFR 351.309(d)(2). 19 CFR 351.309(c)(2) and (d)(2). 10 See 19 CFR 351.310(c). 11 See 19 CFR 351.310. 12 See 19 CFR 351.310(c). 13 See Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Final Results of Sunset Reviews and Revocation of Antidumping Duty and Countervailing Duty Orders, 84 FR 20616 (May 10, 2019) (Revocation Notice). 9 See Notification of Interested Parties 14 See PO 00000 Revocation Notice, 84 FR at 20618. Frm 00009 Fmt 4703 Sfmt 4703 63613 AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4682 or (202) 482–6274, respectively. SUPPLEMENTARY INFORMATION: Background On November 15, 2018, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review on heavy walled rectangular welded carbon steel pipes and tubes from Korea.1 This review covers 21 producers and exporters of the subject merchandise. Commerce selected Dong-A Steel Company (DOSCO), HiSteel Co., Ltd (HiSteel), and Kukje Steel Co., Ltd. (Kukje Steel) for individual examination. DOSCO informed Commerce that it did not intend to respond to the questionnaire or participate as a mandatory respondent in this administrative review. The producers and/or exporters not selected for individual examination are listed in the ‘‘Preliminary Results of the Review’’ section of this notice. 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 28, 2019.2 On June 10, 2019, Commerce extended the preliminary results of this review by 117 days, until November 6, 2019.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. Scope of the Order The products covered by the order are certain heavy walled rectangular welded steel pipes and tubes from the Republic of Korea (Korea). Products subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item number 7306.61.1000. Subject merchandise may also be classified under 7306.61.3000. 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 57411 (November 15, 2018). 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 Memorandum, ‘‘Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea: Extension of Deadline for Preliminary Results of the 2nd Antidumping Duty Administrative Review,’’ dated June 10, 2019. E:\FR\FM\18NON1.SGM 18NON1

Agencies

[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63612-63613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24899]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-913]


Certain New Pneumatic Off-The-Road Tires From the People's 
Republic of China: Preliminary Results and Partial Rescission of the 
Countervailing Duty Administrative Review; 2017

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

SUMMARY: Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of new pneumatic off-the-road tires from the People's 
Republic of China (China). In addition, we are rescinding this review 
with respect to three companies. The period of review (POR) is January 
1, 2017 through December 31, 2017. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable November 18, 2019.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Jack Zhao, 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) 482-5484 or (202) 482-1396, 
respectively.

Scope of the Order

    The products covered by the order are new pneumatic tires designed 
for off-the-road (OTR) and off-highway use. For a full description of 
the scope of this order, see the Preliminary Decision Memorandum.\1\
---------------------------------------------------------------------------

    \1\ See ``Decision Memorandum for the Preliminary Results and 
Partial Rescission of the Countervailing Duty Administrative Review 
of Certain New Pneumatic Off-The-Road Tires from the People's 
Republic of China; 2017,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Methodology

    On September 4, 2008, Commerce issued a countervailing duty order 
on new pneumatic tires designed for OTR and off-highway use.\2\ 
Commerce is conducting this administrative 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 
preliminarily find that there is a subsidy (i.e., a financial 
contribution from an authority that gives rise to a benefit to the 
recipient) and that the subsidy is specific.\3\
---------------------------------------------------------------------------

    \2\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Countervailing Duty Order, 73 FR 51627 
(September 4, 2008) (OTR Tires China CVD Order).
    \3\ 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.
---------------------------------------------------------------------------

    For a full description of the methodology underlying our 
preliminary conclusions, including our reliance, in part, on adverse 
facts otherwise available, pursuant to sections 776(a) and (b) of the 
Act, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is provided in the 
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 http://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 at http://enforcement.trade.gov/frn/. The signed 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 party or parties 
that requested a review withdraws the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
On September 28, 2018, we received timely requests to conduct an 
administrative review from Triangle Tyre Co., Ltd. (Triangle), Laizhou 
Xiongying Rubber Industry Co., Ltd. (Xiongying), and Qingdao Jinhaoyang 
International Co., Ltd. (Jinhaoyang).\4\ On October 1, 2018, Super Grip 
Corporation and Weihai Zhongwei Rubber Co., Ltd. (Zhongwei) each filed 
requests that Zhongwei be reviewed.\5\ Xiongying, Jinhaoyang, and 
Triangle each timely submitted withdrawal requests within 90 days of 
the publication date of the notice of initiation. No other parties 
requested an administrative review of the order with respect to these 
entities. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce 
is rescinding this administrative review of the OTR Tires China CVD 
Order with respect to these three parties.
---------------------------------------------------------------------------

    \4\ See Triangle's Letter, ``New Pneumatic Off-the-Road Tires 
from the People's Republic of China: Request for Administrative 
Review,'' dated September 28, 2018; Xiongying's Letter, ``Certain 
New Pneumatic Off-the-Road Tires from the People's Republic of 
China: Request for Review,'' dated September 28, 2018; and 
Jinhaoyang's Letter, ``Jinhaoyang's Request for CVD Administrative 
Review Certain New Pneumatic Off-the-Road Tires from China (C-570-
913),'' dated September 28, 2018.
    \5\ See Super Grip's Letter, ``New Pneumatic Off-the-Road Tires 
People's Republic of China Request for Administrative Review,'' 
dated October 1, 2018; see also Zhongwei's Letter, ``New Pneumatic 
Off-the-Road Tires from the People's Republic of China: Request for 
Administrative Review,'' dated October 1, 2018.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine that, during 
the period January 1, 2017 through December 31, 2017, the following 
estimated countervailable subsidy rate exists:

------------------------------------------------------------------------
                                                               Subsidy
                          Company                                rate
                                                              (percent)
------------------------------------------------------------------------
Weihai Zhongwei Rubber Co., Ltd. (Zhongwei)................       24.49
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\6\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\7\ Rebuttal briefs must be limited

[[Page 63613]]

to issues raised in the case briefs.\8\ 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.\9\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \8\ See 19 CFR 351.309(d)(2).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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.\10\ 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.\11\ 
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.\12\ 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.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
    \12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends 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 
publication of these preliminary results.

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, countervailing 
duties 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.

Cash Deposit Requirement

    On May 10, 2019, as a result of the five-year (sunset) review, 
Commerce revoked the OTR Tires China CVD Order.\13\ In the Revocation 
Notice, Commerce stated that it intended to issue instructions to CBP 
to terminate the suspension of liquidation and to discontinue the 
collection of cash deposits on entries of subject merchandise, entered 
or withdrawn from warehouse, on or after February 4, 2019.\14\ 
Furthermore, because the OTR Tires China CVD Order has been revoked as 
a result of the Revocation Notice, Commerce will not issue cash deposit 
instructions at the conclusion of this administrative review.
---------------------------------------------------------------------------

    \13\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Final Results of Sunset Reviews and 
Revocation of Antidumping Duty and Countervailing Duty Orders, 84 FR 
20616 (May 10, 2019) (Revocation Notice).
    \14\ See Revocation Notice, 84 FR at 20618.
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Notification of Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: November 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Benchmarks and Discount Rates
IX. Analysis of Programs
X. Disclosure and Public Comment
XI. Recommendation

[FR Doc. 2019-24899 Filed 11-15-19; 8:45 am]
 BILLING CODE 3510-DS-P