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 |
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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:
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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