Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 71313-71314 [2020-24812]

Download as PDF Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices Methodology Commerce conducted 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 find that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.16 The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act. Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), we determine the following net subsidy rates for the 2017 administrative review: Subsidy rate (percent) Company Hebei Jiheng Chemical Co., Ltd Heze Huayi Chemical Co., Ltd ... Juancheng Kangtai Chemical Co., Ltd ................................... 377.60 2.47 3.01 Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review, to liquidate shipments of subject merchandise produced and/or exported by the companies listed above, entered, or withdrawn from warehouse, for consumption on or after January 1, 2017 through December 31, 2017, at the ad valorem rates listed above. khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Instructions In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above. 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. These cash deposit requirements, when imposed, shall remain in effect until further notice. 16 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. VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 2, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Order The products covered by the order are chlorinated isocyanurates. Chlorinated isocyanurates are derivatives of cyanuric acid, described as chlorinated s-triazine triones. There are three primary chemical compositions of chlorinated isocyanurates: (1) trichlorisocyanuric acid (TCCA) (Cl3(NCO)3); (2) sodium dichlorisocyanurate (dihydrate) (NaCl2(NCO)3 X 2H2O); and (3) sodium dichlorisocyanurate (anhydrous) (NaCl2(NCO)3). Chlorinated isocyanurates are available in powder, granular and solid (e.g., tablet or stick) forms. Chlorinated isocyanurates are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000, 3808.94.5000, and 3808.99.9500 of the Harmonized Tariff Schedule of the United States (HTSUS). The tariff classification 2933.69.6015 covers sodium dichlorisocyanurate (anhydrous and dihydrate forms) and trichlorisocyanuric acid. The tariff classifications 2933.69.6021 and 2933.69.6050 represent basket categories that include chlorinated isocyanurates and other compounds including an unfused triazine ring. The tariff classifications 3808.50.4000, 3808.94.5000 and 3808.99.9500 cover disinfectants that include chlorinated isocyanurates. The HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the order is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. List of Comments from Interested Parties IV. Scope of the Order V. Changes Since the Preliminary Results VI. Subsidies Valuation Information VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Programs Determined to be PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 71313 Countervailable IX. Programs Determined Not to be Used or Not to Confer Measurable Benefits During the POR X. Analysis of Comments Comment 1: Whether the Natural Gas Market in China Is Distorted Comment 2: Whether the Provision of Natural Gas for Less than Adequate Remuneration (LTAR) Is Specific Comment 3: Whether Natural Gas Suppliers Are Government Authorities Comment 4: Whether Commerce Should Select a Different Benchmark for Natural Gas for the Final Results Comment 5: Whether Commerce Should Apply Adverse Facts Available (AFA) to the Export Buyer’s Credit Program (EBCP) Comment 6: Selection of the AFA Rate for the EBCP Comment 7: Whether the Income Tax Deduction for Research and Development (R&D) Expenses Program Is Specific Comment 8: Whether Commerce Should Conduct Verification XI. Recommendation [FR Doc. 2020–24762 Filed 11–6–20; 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: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable November 9, 2020. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 82–1785. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 10, 2015, Commerce published the CVD Order on passenger E:\FR\FM\09NON1.SGM 09NON1 71314 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices tires from China.1 On July 10, 2020, Commerce published the Notice of Initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.218(c).2 On July 16, 2020, Commerce received a notice of intent to participate from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial Workers Union, AFL–CIO, CLC (collectively, the petitioner) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The petitioner claimed interested party status under section 771(9)(D) of the Act as a certified union representative of an industry engaged in the manufacture, production, or wholesale in the United States of a domestic like product. On July 31, 2020, Commerce received an adequate substantive response from the petitioner within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce did not receive submissions from any other interested parties. We received no substantive response from respondent interested parties. On August 20, 2020, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce has conducted an expedited (120-day) sunset review of the Order. Scope of the Order Imports covered by the order are shipments of certain 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, khammond on DSKJM1Z7X2PROD with NOTICES 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) (Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 85 FR 39526 (July 1, 2020). 3 See Petitioner’s Letter, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Notice of Intent to Participate,’’ dated July 16, 2020. 4 See Petitioner’s Letter, ‘‘Passenger Vehicle and Light Truck Tires from China, CVD Order, First Sunset Review: Substantive Response of USW,’’ dated July 31, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on July 1, 2020,’’ dated August 20, 2020. VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 at the time of importation, the symbol ‘‘DOT’’ on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. The merchandise subject to this order may be classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50, 8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov.frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine that revocation of the CVD order on passenger tires from China would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: Producer/exporter GITI Tire (Fujian) Co., Ltd .... Cooper Kunshan Tire Co., Ltd ..................................... Shandong Yongsheng Rubber Group Co., Ltd ............ All Others .............................. PO 00000 Frm 00012 Fmt 4703 Administrative Protective Order This notice also serves as the only reminder to parties subject to Administrative Protective Order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: October 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2020–24812 Filed 11–6–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–002] Chloropicrin From the People’s Republic of China: Final Results of Sunset Review and Revocation of Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 4, 2020, the Department of Commerce (Commerce) initiated the fifth sunset review of the Net antidumping duty order on chloropicrin countervailable from the People’s Republic of China subsidy rate (China). Because the domestic interested (percent) parties did not file a timely substantive 36.79 response in this sunset review, Commerce is revoking this antidumping 20.73 duty order. DATES: Applicable September 22, 2020. 116.73 FOR FURTHER INFORMATION CONTACT: 30.61 Abdul Alnoor, AD/CVD Operations, Sfmt 4703 AGENCY: E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71313-71314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24812]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Final Results of the Expedited First Sunset Review 
of the Countervailing Duty Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the countervailing duty (CVD) order 
on certain passenger vehicle and light truck tires (passenger tires) 
from the People's Republic of China (China) would be likely to lead to 
continuation or recurrence of countervailable subsidies at the levels 
indicated in the ``Final Results of Sunset Review'' section of this 
notice.

DATES: Applicable November 9, 2020.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 82-1785.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2015, Commerce published the CVD Order on passenger

[[Page 71314]]

tires from China.\1\ On July 10, 2020, Commerce published the Notice of 
Initiation of the first sunset review of the Order, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.218(c).\2\ On July 16, 2020, Commerce received a notice of intent 
to participate from the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial Workers Union, AFL-CIO, CLC 
(collectively, the petitioner) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ The petitioner claimed interested party status 
under section 771(9)(D) of the Act as a certified union representative 
of an industry engaged in the manufacture, production, or wholesale in 
the United States of a domestic like product.
---------------------------------------------------------------------------

    \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) (Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 85 FR 39526 
(July 1, 2020).
    \3\ See Petitioner's Letter, ``Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China: Notice of 
Intent to Participate,'' dated July 16, 2020.
---------------------------------------------------------------------------

    On July 31, 2020, Commerce received an adequate substantive 
response from the petitioner within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i).\4\ Commerce did not receive submissions from any 
other interested parties. We received no substantive response from 
respondent interested parties.
---------------------------------------------------------------------------

    \4\ See Petitioner's Letter, ``Passenger Vehicle and Light Truck 
Tires from China, CVD Order, First Sunset Review: Substantive 
Response of USW,'' dated July 31, 2020.
---------------------------------------------------------------------------

    On August 20, 2020, Commerce notified the U.S. International Trade 
Commission that it did not receive an adequate substantive response 
from respondent interested parties.\5\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
has conducted an expedited (120-day) sunset review of the Order.
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on July 1, 
2020,'' dated August 20, 2020.
---------------------------------------------------------------------------

Scope of the Order

    Imports covered by the order are shipments of certain 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.
    The merchandise subject to this order may be classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 
4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 
4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description 
may also enter under the following HTSUS subheadings: 4011.99.45.10, 
4011.99.45.50, 4011.99.85.10, 4011.99.85.50, 8708.70.45.45, 
8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. 
Although HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of the topics discussed in the Issues 
and Decision Memorandum is attached as an appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at https://enforcement.trade.gov.frn/. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine 
that revocation of the CVD order on passenger tires from China would be 
likely to lead to continuation or recurrence of countervailable 
subsidies at the following rates:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                   Producer/exporter                       subsidy rate
                                                            (percent)
------------------------------------------------------------------------
GITI Tire (Fujian) Co., Ltd............................            36.79
Cooper Kunshan Tire Co., Ltd...........................            20.73
Shandong Yongsheng Rubber Group Co., Ltd...............           116.73
All Others.............................................            30.61
------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
Administrative Protective Order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: October 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-24812 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P