Certain New Pneumatic Off-The-Road Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2015 |
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Gary Taverman
Department of Commerce
6 October 2017
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46754-46756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21586]
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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: Preliminary Results of Countervailing Duty
Administrative Review; 2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of new pneumatic off-the-road tires (OTR Tires)
from the People's Republic of China (PRC). The period of review (POR)
is January 1, 2015, through December 31, 2015. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable October 6, 2017.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Jack Zhao, 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) 482-5484 or (202) 482-1396
respectively.
Scope of the Order
The products covered by the order are new pneumatic tires designed
for off-the-road (OTR) and off-highway use. For a full description of
the scope of this order, see the Preliminary Decision Memorandum.\1\
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\1\ See ``Decision Memorandum for the Preliminary Results of the
Countervailing Duty Administrative Review of Certain New Pneumatic
Off-The-Road Tires from the People's Republic of China; 2015,''
dated concurrently with this notice (Preliminary Decision
Memorandum) and hereby adopted by this notice.
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[[Page 46755]]
Methodology
On September 4, 2008, the Department issued a countervailing duty
order on new pneumatic tires designed for OTR and off-highway use.\2\
The Department is conducting this administrative 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
preliminarily find that there is a subsidy, (i.e., a financial
contribution from an authority that gives rise to a benefit to the
recipient) and that the subsidy is specific.\3\ For a full description
of the methodology underlying our preliminary conclusions, including
our reliance, in part, on adverse facts otherwise available pursuant to
sections 776(a) and (b) of the Act, see the accompanying Preliminary
Decision Memorandum. A list of topics discussed in the Preliminary
Decision Memorandum is provided at Appendix I to this notice.
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\2\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Countervailing Duty Order, 73 FR 51627
(September 4, 2008) (OTR CVD Order).
\3\ 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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The Preliminary 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, and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
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Guizhou Tyre Co., Ltd./Guizhou Tyre Import & Export Co., Ltd 39.10
Xuzhou Xugong Tyres Co. Ltd................................. 91.94
Non-Selected Companies Under Review......................... 39.10
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Preliminary Rate for Non-Selected Companies Under Review
The statute and the Department's regulations do not directly
address the establishment of rates to be applied to companies not
selected for individual examination where the Department limits its
examination in an administrative review pursuant to section 777A(e)(2)
of the Act. However, the Department normally determines the rates for
non-selected companies in reviews in a manner that is consistent with
section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation. Section
705(c)(5)(A)(i) of the Act instructs the Department as a general rule
to calculate an all others rate using the weighted average of the
subsidy rates established for the producers/exporters individually
examined, excluding any zero, de minimis, or rates based entirely on
facts available. In this review, the preliminary subsidy rates
calculated for Guizhou Tyre and its cross-owned affiliates are above de
minimis and are not based entirely on facts available. Therefore, for
the companies for which a review was requested that were not selected
as mandatory company respondents and which we are not finding to be
cross-owned with the mandatory company respondents, we are
preliminarily basing the subsidy rate on the subsidy rate calculated
for Guizhou Tyre. For a list of these non-selected companies, please
see Appendix II to this notice.
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\4\
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\5\ Rebuttal briefs must be limited to issues raised in the case
briefs.\6\ Parties who submit case or rebuttal briefs are requested to
submit with the argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\7\
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\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\6\ See 19 CFR 351.309(d)(2).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system.\8\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
we will inform parties of the scheduled date for the hearing which will
be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined.\9\ Parties should confirm by telephone the date,
time, and location of the hearing. Issues addressed at the hearing will
be limited to those raised in the briefs.\10\ All briefs and hearing
requests must be filed electronically and received successfully in
their entirety through ACCESS by 5:00 p.m. Eastern Time on the due
date.
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310.
\10\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Assessment Rates and Cash Deposit Requirement
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of review.
Pursuant to section 751(a)(2)(C) of the Act, the Department also
intends 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
[[Page 46756]]
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
These preliminary results of review are issued and published in
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: October 2, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations performing the non-exclusive duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts otherwise Available and Application of Adverse
Inferences
V. Application of the Countervailing Duty Law to Imports from the
PRC
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount Rates, Input, Electricity,
and Land Benchmarks
VIII. Analysis of Programs
IX. Disclosure and Public Comment
X. Verification
XI. Conclusion
Appendix II
Companies Not Selected for Review
1. Aeolus Tyre Co., Ltd.
2. Air Sea Transport Inc
3. Air Sea Worldwide Logistics Ltd
4. AM Global Shipping Lines
5. Apex Maritime Co Ltd
6. Apex Maritime Thailand Co Ltd
7. BDP Intl LTD China
8. Beijing Kang Jie Kong Intl Cargo Agent Co Ltd
9. C&D Intl Freight Forward Inc
10. Caesar Intl Logistics Co Ltd
11. Caterpillar & Paving Products Xuzhou Ltd
12. CH Robinson Freight Services China LTD
13. Changzhou Kafurter Machinery Co Ltd
14. Cheng Shin Rubber (Xiamen) Ind Ltd
15. China Intl Freight Co Ltd
16. Chonche Auto Double Happiness Tyre Corp Ltd
17. City Ocean Logistics Co Ltd
18. Consolidator Intl Co Ltd
19. Crowntyre Industrial Co. Ltd
20. CTS Intl Logistics Corp
21. Daewoo Intl Corp
22. De Well Container Shipping Inc
23. Double Coin Holdings Ltd; Double Coin Group Shanghai Donghai Tyre
Co., Ltd; and Double Coin Group Rugao Tyre Co., Ltd. (collectively
``Double Coin'')
24. England Logistics (Qingdao) Co Ltd
25. Extra Type Co Ltd
26. Fedex International Freight Forwarding Services Shanghai Co Ltd
27. FG Intl Logistics Ltd
28. Global Container Line
29. Honour Lane Shipping
30. Innova Rubber Co., Ltd.
31. Inspire Intl Enterprise Co Ltd
32. JHJ Intl Transportation Co
33. Jiangsu Feichi Co. Ltd.
34. Kenda Rubber (China) Co Ltd
35. KS Holding Limited/KS Resources Limited
36. Laizhou Xiongying Rubber Industry Co., Ltd.
37. Landmax Intl Co Ltd
38. LF Logistics China Co Ltd
39. Mai Shandong Radial Tyre Co., Ltd.
40. Maine Industrial Tire LLC
41. Master Intl Logistics Co Ltd
42. Melton Tire Co. Ltd
43. Merityre Specialists Ltd
44. Mid-America Overseas Shanghai Ltd
45. Omni Exports Ltd
46. Orient Express Container Co Ltd
47. Oriental Tyre Technology Limited
48. Pudong Prime Intl Logistics Inc
49. Q&J Industrial Group Co Ltd
50. Qingdao Aotai Rubber Co Ltd
51. Qingdao Apex Shipping
52. Qingdao Chengtai Handtruck Co Ltd
53. Qingdao Chunangtong Founding Co Ltd
54. Qingdao Free Trade Zone Full-World International Trading Co., Ltd.
55. Qingdao Haojia (Xinhai) Tyre Co.
56. Qingdao Haomai Hongyi Mold Co Ltd
57. Qingdao J&G Intl Trading Co Ltd
58. Qingdao Jinhaoyang International Co. Ltd
59. Qingdao Kaoyoung Intl Logistics Co Ltd
60. Qingdao Milestone Tyres Co Ltd.
61. Qingdao Nexen Co Ltd
62. Qingdao Qihang Tyre Co.
63. Qingdao Qizhou Rubber Co., Ltd.
64. Qingdao Shijikunyuan Intl Co Ltd
65. Qingdao Sinorient International Ltd.
66. Qingdao Taifa Group Imp. And Exp. Co., Ltd./Qingdao Taifa Group
Co., Ltd.
67. Qingdao Wonderland
68. Qingdao Zhenhua Barrow Manufacturing Co., Ltd.
69. Rich Shipping Company
70. RS Logistics Ltd
71. Schenker China Ltd
72. Seastar Intl Enterprise Ltd
73. SGL Logistics South China Ltd
74. Shandong Huitong Tyre Co., Ltd.
75. Shandong Linglong Tyre Co., Ltd.
76. Shandong Taishan Tyre Co. Ltd.
77. Shanghai Cartec Industrial & Trading Co Ltd
78. Shanghai Grand Sound Intl Transportation Co Ltd
79. Shanghai Hua Shen Imp & Exp Co Ltd
80. Shanghai Part-Rich Auto Parts Co Ltd
81. Shanghai TCH Metals & Machinery Co Ltd
82. Shantou Zhisheng Plastic Co Ltd
83. Shiyan Desizheng Industry & Trade Co., Ltd.
84. Techking Tires Limited
85. Thi Group (Shanghai) Ltd
86. Tianjin Leviathan International Trade Co., Ltd.
87. Tianjin United Tire & Rubber International Co., Ltd.
88. Tianjin Wanda Tyre Group Co.
89. Tianshui Hailin Import and Export Corporation
90. Tiremart Qingdao Inc
91. Translink Shipping Inc
92. Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.
93. Trelleborg Wheel Systems Hebei Co
94. Triangle Tyre Co. Ltd.
95. Universal Shipping Inc
96. UTI China Ltd
97. Weifang Jintongda Tyre Co., Ltd.
98. Weihai Zhongwei Rubber Co., Ltd.
99. Weiss-Rohlig China Co Ltd
100. World Bridge Logistics Co Ltd
101. World Tyres Ltd.
102. Xiamen Ying Hong Import & Export Trade Co Ltd
103. Xuzhou Xugong Tyres Co Ltd; Xuzhou Armour Rubber Company Ltd.; HK
Lande International Investment Limited; Armour Tires Inc. (collectively
``Xugong'')
104. Yoho Holding
105. Zheijiang Wheel World Industrial Co Ltd
106. Zhejiang Xinchang Zhongya Industry Co., Ltd.
107. Zhongce Rubber Group Company Limited
108. ZPH Industrial Ltd
[FR Doc. 2017-21586 Filed 10-5-17; 8:45 am]
BILLING CODE 3510-DS-P