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Certain New Pneumatic Off-The-Road Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2015

American Government Special Collections Reference Desk

American Government Cars in China

Certain New Pneumatic Off-The-Road Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2015

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]


-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310.
    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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

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