Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2016

Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2016
Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2016
Gary Taverman
Department of Commerce
26 December 2018
[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Page 66243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27863]


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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 Countervailing Duty Administrative 
Review; 2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that Tianjin 
Leviathan International Trade Co., Ltd. (Tianjin Leviathan) received 
countervailable subsidies during the period of review (POR) January 1, 
2016, through December 31, 2016.

DATES: Applicable December 26, 2018.

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.

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 July 11, 2018.\1\ The period 
of review (POR) is January 1, 2016, through December 31, 2016. In the 
Preliminary Results, Commerce partially rescinded the administrative 
review with respect to two companies and preliminarily applied total 
adverse facts available (AFA) with regard to Tianjin Leviathan because 
it failed to submit a timely response to Commerce's questionnaire.\2\ 
No interested party commented on Commerce's preliminary results.
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    \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; 2016, 83 FR 
32080 (July 11, 2018) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See PDM at 5-6.
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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\
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    \3\ For a full description of the scope of the order, see PDM.
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Methodology

    Commerce conducted this 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 we found to be countervailable, we determined 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\4\
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    \4\ 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.
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Final Results of Administrative Review

    Our determination to apply AFA in determining a net subsidy rate 
for Tianjin Leviathan remains unchanged for these final results. 
However, we have updated the AFA subsidy rates assigned to various 
programs, which results in an updated net subsidy rate of 129.72 
percent.\5\
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    \5\ See Memorandum to Thomas Gilgunn, Program Manager, 
Antidumping and Countervailing Duty Operations, Office VII, ``Final 
Results of the Countervailing Duty Administrative Review of Certain 
New Pneumatic Off-the-Road Tires from the People's Republic of 
China: Revised Rates for the Application of Adverse Facts Available 
for Tianjin Leviathan International Trade Co., Ltd.,'' dated 
concurrently with this notice.
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Assessment and Cash Deposit Requirements

    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 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, 2016, through 
December 31, 2016, at the percent rates, as listed above for each of 
the respective companies, of the entered value.
    Commerce intends also to instruct CBP to collect cash deposits of 
estimated countervailing duties, in the amounts shown above for each of 
the respective companies shown above, on shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review. 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, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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: December 14, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-27863 Filed 12-21-18; 8:45 am]
 BILLING CODE 3510-DS-P