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Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review; 2014-2015


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Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review; 2014-2015

Christian Marsh
Department of Commerce
2 May 2018 

[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19219-19220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09285]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


Countervailing Duty Order on Certain Passenger Vehicle and Light 
Truck Tires From the People's Republic of China: Amended Final Results 
of Countervailing Duty Administrative Review; 2014-2015

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

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the countervailing duty administrative review of certain 
passenger vehicle and light truck tires (passenger tires) from the 
People's Republic of China (China) to correct ministerial errors. The 
period of review (POR) is December 1, 2014, through December 31, 2015.

DATES: Applicable May 2, 2018.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.

Background

    In accordance with section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.221(b)(5), on March 16, 2018, 
Commerce published its final results of the countervailing duty 
administrative review of passenger tires from China.\1\ On March 15, 
2018, Shandong Shuangwang Rubber Co., Ltd. (Shandong Shuangwang) 
submitted a request to correct a clerical error in the Final 
Results.\2\ On March 28, 2018, GITI Tire Global Trading Pte. Ltd./GITI 
Tire (USA) Ltd./GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui 
Radial)/GITI Tire (Fujian) Company Ltd (GITI Fujian)/GITI Tire (Hualin) 
Company Ltd. (GITI Hualin) (collectively, GITI) timely alleged that 
Commerce made four ministerial errors in the Final Results.\3\ No other 
parties submitted ministerial error allegations or comments on Shandong 
Shuangwang's or GITI's allegations.
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    \1\ See Countervailing Duty Order on Certain Passenger Vehicle 
and Light Truck Tires from the People's Republic of China: Final 
Results of Countervailing Duty Administrative Review; 2014-2015, 83 
FR 11694 (March 16, 2018) (Final Results).
    \2\ See Shandong Shuangwang's Letter, ``Certain Passenger 
Vehicle and Light Truck Tires from the People's Republic of China--
Request to Correct Clerical Error in Final Results of Countervailing 
Duty Administrative Review,'' dated March 15, 2018 (Shandong 
Shuangwang Ministerial Comments).
    \3\ See GITI's Letter, ``Passenger Vehicle and Light Truck Tires 
from the People's Republic of China: Ministerial Error Comments--
Giti Tire Global Trading Pte. Ltd.'' dated March 28, 2018 (GITI 
Ministerial Comments).
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Scope of the Order

    The products covered by the order are certain passenger vehicle and 
light truck tires from China. A full description of the scope of the 
order is contained in the Ministerial Errors Memorandum.\4\
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    \4\ See Memorandum ``Administrative Review of the Countervailing 
Duty Order on Certain Passenger Vehicle and Light Truck Tires from 
the People's Republic of China: Decision Memorandum for Amended 
Final Results,'' dated concurrently and herby adopted by this notice 
(Decision Memorandum) for a full description of the scope of the 
order.
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Ministerial Errors

    Section 751(h) of the Act and 19 CFR 351.224(f) define a 
``ministerial error'' as an error in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial. As discussed in 
Commerce's Ministerial Error Memorandum, Commerce finds that the error 
alleged by Shandong Shuangwang and certain errors alleged by GITI 
constitute ministerial errors within the meaning of 19 CFR 
351.224(f).\5\
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    \5\ See Decision Memorandum.
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    With regard to Shandong Shuangwang, in the Final Results, the 
company's name, as listed in Appendix II, the list of Non-Selected 
Companies Under Review, contained a misspelling of ``Shandong'' as 
``Shangong.'' The correct full name of the company without the 
misspelling is ``Shandong Shuangwang Rubber Co., Ltd.'' This notice 
serves to correct the incorrect exporter company name listed as a non-
selected company in the Final Results.
    With regard to GITI, we made ministerial errors with regard to 
calculating the sales denominator for GITI Tire (China) Investment Co., 
Ltd., calculating government grants, and applying the Adverse Facts 
Available Rate to the Export Buyer's Credits program.\6\
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    \6\ Id. for a full discussion of these alleged errors.
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    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results to correct the ministerial errors. 
Specifically, we are amending the net subsidy rates for GITI, Cooper 
(Kunshan) Tire Co., Ltd. (Cooper), Zhongce Rubber Group Company 
Limited, and for the non-

[[Page 19220]]

selected companies.\7\ The revised net subsidies rates are provided 
below.
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    \7\ Id. at 8. Because we relied on GITI's and Cooper's subsidy 
rates to calculate the rate for non-selected companies under review, 
we are revising the rate for non-selected companies under review in 
these amended final results.
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Amended Final Results

    As result of correcting the ministerial errors, we determine that 
that the countervailable subsidy rates for the producers/exporters 
under review to be as follows:

 
------------------------------------------------------------------------
                                                  Subsidy rate (percent
                    Company                            ad valorem)
------------------------------------------------------------------------
GITI Tire Global Trading Pte. Ltd./GITI Tire                       15.75
 (USA) Ltd./GITI Radial Tire (Anhui) Company
 Ltd. (GITI Anhui Radial)/GITI Tire (Fujian)
 Company Ltd (GITI Fujian)/GITI Tire (Hualin)
 Company Ltd. (GITI Hualin) (collectively,
 GITI).........................................
Cooper (Kunshan) Tire Co., Ltd. (Cooper).......                    15.10
Zhongce Rubber Group Company Limited...........                   114.48
Non-Selected Companies Under Review............                    15.53
------------------------------------------------------------------------

Assessment Rates

    Commerce intends to issue assessment instructions to U.S. Customs 
and Border Protection (CBP) 15 days after the date of publication of 
these amended final results of review, to liquidate shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption, on or after December 1, 2014, through December 31, 2015, 
at the ad valorem rates listed above.
    Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties, in the amounts shown above for the 
companies listed above on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after March 16, 2018, 
the date of publication of the Final Results. For all non-reviewed 
firms, we will instruct CBP to collect cash deposits at the most-recent 
company specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    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.

Disclosure

    We intend to disclose the calculations performed for these amended 
final results to interested parties within five business days of the 
date of the publication of this notice in accordance with 19 CFR 
351.224(b).
    We are issuing and publishing these results in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: April 25, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-09285 Filed 5-1-18; 8:45 am]
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