Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order

Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order
Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order
Ronald K. Lorentzen
Department of Commerce
December 20, 2013
[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77101-77102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30350]


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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: Final Results of the Expedited Sunset Review of the 
Countervailing Duty Order

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

DATES:  Effective Date: December 20, 2013.
SUMMARY: On August 1, 2013, the Department of Commerce (``Department'') 
initiated a sunset review of the countervailing duty order on certain 
new pneumatic off-the-road tires (OTR Tires) from the People's Republic 
of China (PRC). The Department finds that revocation of this 
countervailing duty order (CVD) would be likely to lead to the 
continuation or recurrence of net countervailable subsidies at the 
rates in the ``Final Results of Review'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
4261.

SUPPLEMENTARY INFORMATION: 

Background

    The CVD order on OTR Tires from the PRC was published on September 
4, 2008.\1\ On August 1, 2013, the Department initiated a sunset review 
of the order, pursuant to section 751(c) of

[[Page 77102]]

the Tariff Act of 1930, as amended (the Act).\2\ The Department 
received a notice of intent to participate from Titan Tire Corporation 
(Titan), a domestic interested party, within the deadline specified in 
19 CFR 351.218(d)(1)(i). The Department received an adequate 
substantive response to the notice of initiation from the domestic 
interested party within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department received no substantive responses from 
the Government of China (GOC) and respondent interested parties.
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    \1\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Countervailing Duty Order, 73 FR 51627 
(September 4, 2008).
    \2\ See Initiation of Five-Year (``Sunset'' ') Review, 78 FR 
46575 (August 1, 2013).
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    The regulations provide, at 19 CFR 351.218(e)(1)(ii)(A), that the 
Department will normally conclude that respondent interested parties 
have provided adequate response to a notice of initiation where it 
receives complete substantive responses from respondent interested 
parties accounting on average for more than 50 percent, on a volume 
basis (or a value basis, if appropriate), of the total exports of the 
subject merchandise to the United States over the five calendar years 
preceding the year of publication of the notice of initiation. 
Moreover, in a sunset review of a CVD order, the Department will 
normally conduct a full review only if it receives adequate responses 
from domestic and respondent interested parties and a complete 
substantive response from the foreign government.\3\ Because the 
Department received no responses from the GOC and respondent interested 
parties, the Department is conducting an expedited (120-day) sunset 
review of the CVD order on OTR Tires from the PRC pursuant to 19 CFR 
351.218(e)(1)(ii)(C)(2).
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    \3\ See 19 CFR 351.218(e)(2) and 351.218(e)(1)(ii)(B) and (C).
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\4\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days.
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    \4\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government.''
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Scope of the Order

    The merchandise covered by this order includes new pneumatic tires 
designed for off-the-road and off-highway use, subject to certain 
exceptions. 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, 
4011.61.00.00, 4011.62.00.00, 4011.63.00.00, 4011.69.00.00, 
4011.92.00.00, 4011.93.40.00, 4011.93.80.00, 4011.94.40.00, and 
4011.94.80.00. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written product description of the scope of 
the order is dispositive.
    A complete description of the scope of the order is contained in 
the Issues and Decision Memorandum (``Issues and Decision Memorandum'') 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, dated December 16, 2013, 
which is hereby adopted by this notice. The Issues and Decision 
Memorandum is on file electronically via Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and in the Central Records Unit in room 7046 
of the main Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum. The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy likely to 
prevail if the order was revoked. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum.

Final Results of Review

    Pursuant to sections 752(b)(1) and (3) of the Act, the Department 
determines that revocation of the CVD order on OTR Tires from the PRC 
would be likely to lead to continuation or recurrence of 
countervailable subsidies at the following net countervailable subsidy 
rates:

------------------------------------------------------------------------
                                             Net countervailable subsidy
     Manufacturers/exporters/producers                (percent)
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Guizhou Tire Co., Ltd.....................                          2.52
Hebei Starbright Co., Ltd.................                         35.13
Tianjin United Tire and Rubber                                      6.85
 International Co., Ltd...................
All others................................                          5.65
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    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 orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    The Department is issuing and publishing these final results and 
this notice in accordance with sections 751(c), 752(b), and 777(i)(1) 
of the Act.

     Dated: December 16, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-30350 Filed 12-19-13; 8:45 am]
BILLING CODE 3510-DS-P