Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2017, 14637-14638 [2020-05181]

Download as PDF Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices the LTFV investigation.15 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final 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 the POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a final reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: March 9, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES Appendix Comment 3: Third Country Credit Expense Calculation Comment 4: Packing Services Cost Calculation Comment 5: Claimed Scrap Offset B. Issues Pertaining to Unicatch Comment 6: Home Market Viability Comment 7: Calculation of CV Profit Ratio Comment 8: Calculation of Freight Revenue Cap Comment 9: Treatment of Commissions Comment 10: Comparison of Brads and DA Nails to Other Nails Comment 11: Calculation of Interest and General and Administrative Expenses Comment 12: Cost of Manufacturing Adjustment C. Issues Pertaining to PT Comment 13: Calculation of CV Profit Ratio Comment 14: Treatment of Certain Line Items in Financial Statements as G&A Expenses VI. Recommendation [FR Doc. 2020–05183 Filed 3–12–20; 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: Final Results of Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) continues to find that Weihai Zhongwei Rubber Co., Ltd. (Zhongwei) received countervailable subsidies from certain programs during the period of review (POR) from January 1, 2017 through December 31, 2017. DATES: Applicable March 13, 2020. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5484. SUPPLEMENTARY INFORMATION: AGENCY: List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues A. Issues Pertaining to LC Comment 1: Whether to Apply Adverse Facts Available (AFA) Comment 2: Treatment of Resales of Subject Merchandise Produced by Unaffiliated Suppliers Background Commerce published the preliminary results of the administrative review of the countervailing duty order on certain new pneumatic off-the-road tires (OTR Tires) from China on November 18, 2019.1 In the Preliminary Results, 15 The all-others rate from the underlying investigation was revised in Certain Steel Nails from Taiwan: Notice of Court Decision Not in Harmony with Final Determination in Less than Fair Value Investigation and Notice of Amended Final Determination, 82 FR 55090, 55091 (November 20, 2017). 1 See Certain New Pneumatic Off-The-Road Tires from the People’s Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2017, 84 FR 63612 (November 18, 2019) (Preliminary Results) and accompanying Preliminary Decision Memorandum (PDM). VerDate Sep<11>2014 18:16 Mar 12, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 14637 Commerce partially rescinded the administrative review with respect to three companies and preliminarily found that Zhongwei received countervailable subsidies from certain programs during the POR.2 No interested party commented on the Preliminary Results. Scope of the Order The products covered by the scope are new pneumatic tires designed for offthe-road (OTR) and off-highway use. The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30, 4011.20.50.50, 4011.70.0010, 4011.62.00.00, 4011.80.1020, 4011.90.10, 4011.70.0050, 4011.80.1010, 4011.80.1020, 4011.80.2010, 4011.80.2020, 4011.80.8010, and 4011.80.8020. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive.3 Methodology Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). As noted above, no interested party disputed Commerce’s preliminary or post-preliminary findings. Commerce finds that there is no reason to modify its analysis for these final results. Accordingly, no decision memorandum accompanies this Federal Register notice. For further details of the issues already addressed in this review, see the Preliminary Results and accompanying PDM. Final Results of Administrative Review We determine that, for the period January 1, 2017 through December 31, 2017, the following estimated countervailable subsidy rate exists: Company Weihai Zhongwei Rubber Co., Ltd ........................................... Subsidy rate (percent) 24.49 Assessment Rates and Cash Deposit Requirement In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) 15 days after publication of the final results of this review. Commerce will instruct 2 See PDM at 5 and 17–23. a full description of the scope of the order, see PDM at 3–5. 3 For E:\FR\FM\13MRN1.SGM 13MRN1 14638 Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices CBP to liquidate shipments of subject merchandise produced and/or exported by the companies listed above, entered or withdrawn from warehouse, for consumption from January 1, 2017 through December 31, 2017, at the rates listed above. On May 10, 2019, as a result of the five-year (sunset) review, Commerce revoked the OTR Tires China CVD Order.4 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, 2019.5 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. Administrative Protective Order This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibilities concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. 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 violation which is subject to sanction. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 9, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–05181 Filed 3–12–20; 8:45 am] BILLING CODE 3510–DS–P jbell on DSKJLSW7X2PROD with NOTICES 4 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); see also 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). 5 See Revocation Notice, 84 FR at 20618. VerDate Sep<11>2014 18:16 Mar 12, 2020 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–016, C–570–017] Certain Passenger Vehicle and Light Truck Tires From the People’s Republic of China: Final Results of Changed Circumstances Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) continues to find that: (1) Sailun Group Co., Ltd. (Sailun Group) is the successor-in-interest to Sailun Jinyu Group Co., Ltd. (Sailun Jinyu); (2) Sailun (Dongying) Tire Co., Ltd. (Sailun Dongying) is the successor-in-interest to Shandong Jinyu Industrial Co., Ltd. (Shandong Jinyu); and (3) Sailun Group (Hong Kong) Co., Limited. (Sailun HK) is the successor-in-interest to Sailun Jinyu Group (Hong Kong) Co., Limited. (Sailun Jinyu HK). As a result, Sailun Group, Sailun Dongying and Sailun HK are entitled to the antidumping (AD) and countervailing duty (CVD) cash deposit rates of Sailun Jinyu, Shandong Jinyu and Sailun Jinyu HK, respectively. DATES: Applicable March 13, 2020. FOR FURTHER INFORMATION CONTACT: Toni Page at (202) 482–1398 (AD) or Andrew Huston at (202) 482–4261 (CVD), Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. AGENCY: SUPPLEMENTARY INFORMATION Background On August 10, 2015, Commerce published in the Federal Register the AD and CVD Orders on passenger tires from China.1 On January 29, 2020, Commerce initiated changed circumstances reviews (CCRs) and made preliminary findings that Sailun Group, Sailun Dongying and Sailun HK were the successors-in-interest to Sailun Jinyu, Shandong Jinyu and Sailun Jinyu HK, respectively, and, as a result, these entities should be accorded the same treatment previously accorded to this company group.2 We provided 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) (collectively, Orders). 2 See Notice of Initiation and Preliminary Results of Changed Circumstances Reviews: Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China, 85 FR 5193 (January 29, 2020) (Preliminary Results). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 interested parties the opportunity to comment on the Preliminary Results. No interested parties submitted case briefs. Sailun Group, Sailun Dongying, and Sailun HK submitted a letter requesting that the Preliminary Results be adopted as the final results.3 Scope of the Orders The scope of these Orders is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by this order may be tube-type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. Subject tires have, at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars LT—Identifies a tire intended primarily for service on light trucks Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by this investigation regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that is among the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually, unless the tire falls within one of the specific exclusions set out below. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. 3 See Sailun Group, Sailun Dongying and Sailun HK’s Letter, ‘‘Sailun Letter in Lieu of Brief: Changed Circumstances Review in Certain Passenger and Light Truck Tires from the People’s Republic of China, Case Nos. A–570–016, C–570–017,’’ dated February 12, 2020. E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Notices]
[Pages 14637-14638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05181]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-913]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Final Results of Countervailing Duty Administrative 
Review; 2017

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
Weihai Zhongwei Rubber Co., Ltd. (Zhongwei) received countervailable 
subsidies from certain programs during the period of review (POR) from 
January 1, 2017 through December 31, 2017.

DATES: Applicable March 13, 2020.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, U.S. Department of Commerce, 
1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 
482-5484.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the preliminary results of the administrative 
review of the countervailing duty order on certain new pneumatic off-
the-road tires (OTR Tires) from China on November 18, 2019.\1\ In the 
Preliminary Results, Commerce partially rescinded the administrative 
review with respect to three companies and preliminarily found that 
Zhongwei received countervailable subsidies from certain programs 
during the POR.\2\ No interested party commented on the Preliminary 
Results.
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-The-Road Tires from the 
People's Republic of China: Preliminary Results and Partial 
Rescission of Countervailing Duty Administrative Review; 2017, 84 FR 
63612 (November 18, 2019) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See PDM at 5 and 17-23.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the scope are new pneumatic tires designed 
for off-the-road (OTR) and off-highway use. The subject merchandise is 
currently classifiable under Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings: 4011.20.10.25, 4011.20.10.35, 
4011.20.50.30, 4011.20.50.50, 4011.70.0010, 4011.62.00.00, 
4011.80.1020, 4011.90.10, 4011.70.0050, 4011.80.1010, 4011.80.1020, 
4011.80.2010, 4011.80.2020, 4011.80.8010, and 4011.80.8020. While HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope is dispositive.\3\
---------------------------------------------------------------------------

    \3\ For a full description of the scope of the order, see PDM at 
3-5.
---------------------------------------------------------------------------

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). As noted 
above, no interested party disputed Commerce's preliminary or post-
preliminary findings. Commerce finds that there is no reason to modify 
its analysis for these final results. Accordingly, no decision 
memorandum accompanies this Federal Register notice. For further 
details of the issues already addressed in this review, see the 
Preliminary Results and accompanying PDM.

Final Results of Administrative Review

    We determine that, for 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............................       24.49
------------------------------------------------------------------------

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) 15 
days after publication of the final results of this review. Commerce 
will instruct

[[Page 14638]]

CBP to liquidate shipments of subject merchandise produced and/or 
exported by the companies listed above, entered or withdrawn from 
warehouse, for consumption from January 1, 2017 through December 31, 
2017, at the rates listed above.
    On May 10, 2019, as a result of the five-year (sunset) review, 
Commerce revoked the OTR Tires China CVD Order.\4\ 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.\5\ 
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.
---------------------------------------------------------------------------

    \4\ 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); see also 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).
    \5\ See Revocation Notice, 84 FR at 20618.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibilities 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 violation which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 9, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-05181 Filed 3-12-20; 8:45 am]
 BILLING CODE 3510-DS-P