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Certain New Pneumatic Off-The-Road Tires From the People's Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2017


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Certain New Pneumatic Off-The-Road Tires From the People's Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2017

Jeffrey I. Kessler
Department of Commerce
18 November 2019 

[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63612-63613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24899]


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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 and Partial Rescission of the 
Countervailing Duty Administrative Review; 2017

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

SUMMARY: Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of new pneumatic off-the-road tires from the People's 
Republic of China (China). In addition, we are rescinding this review 
with respect to three companies. The period of review (POR) is January 
1, 2017 through December 31, 2017. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable November 18, 2019.

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 and 
Partial Rescission of the Countervailing Duty Administrative Review 
of Certain New Pneumatic Off-The-Road Tires from the People's 
Republic of China; 2017,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Methodology

    On September 4, 2008, Commerce issued a countervailing duty order 
on new pneumatic tires designed for OTR and off-highway use.\2\ 
Commerce 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\
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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 Tires China 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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    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 Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is provided in the 
appendix to this notice.
    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 Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party or parties 
that requested a review withdraws the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
On September 28, 2018, we received timely requests to conduct an 
administrative review from Triangle Tyre Co., Ltd. (Triangle), Laizhou 
Xiongying Rubber Industry Co., Ltd. (Xiongying), and Qingdao Jinhaoyang 
International Co., Ltd. (Jinhaoyang).\4\ On October 1, 2018, Super Grip 
Corporation and Weihai Zhongwei Rubber Co., Ltd. (Zhongwei) each filed 
requests that Zhongwei be reviewed.\5\ Xiongying, Jinhaoyang, and 
Triangle each timely submitted withdrawal requests within 90 days of 
the publication date of the notice of initiation. No other parties 
requested an administrative review of the order with respect to these 
entities. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce 
is rescinding this administrative review of the OTR Tires China CVD 
Order with respect to these three parties.
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    \4\ See Triangle's Letter, ``New Pneumatic Off-the-Road Tires 
from the People's Republic of China: Request for Administrative 
Review,'' dated September 28, 2018; Xiongying's Letter, ``Certain 
New Pneumatic Off-the-Road Tires from the People's Republic of 
China: Request for Review,'' dated September 28, 2018; and 
Jinhaoyang's Letter, ``Jinhaoyang's Request for CVD Administrative 
Review Certain New Pneumatic Off-the-Road Tires from China (C-570-
913),'' dated September 28, 2018.
    \5\ See Super Grip's Letter, ``New Pneumatic Off-the-Road Tires 
People's Republic of China Request for Administrative Review,'' 
dated October 1, 2018; see also Zhongwei's Letter, ``New Pneumatic 
Off-the-Road Tires from the People's Republic of China: Request for 
Administrative Review,'' dated October 1, 2018.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine that, during 
the period January 1, 2017 through December 31, 2017, the following 
estimated countervailable subsidy rate exists:

------------------------------------------------------------------------
                                                               Subsidy
                          Company                                rate
                                                              (percent)
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Weihai Zhongwei Rubber Co., Ltd. (Zhongwei)................       24.49
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Disclosure and Public Comment

    Commerce 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.\6\ 
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.\7\ Rebuttal briefs must be limited

[[Page 63613]]

to issues raised in the case briefs.\8\ 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.\9\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \8\ See 19 CFR 351.309(d)(2).
    \9\ 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.\10\ 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, 1401 Constitution Avenue 
NW, Washington, DC 20230, at a time and location to be determined.\11\ 
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.\12\ 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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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
    \12\ 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, Commerce 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

    Upon issuance of the final results, Commerce 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.

Cash Deposit Requirement

    On May 10, 2019, as a result of the five-year (sunset) review, 
Commerce revoked the OTR Tires China CVD Order.\13\ In the Revocation 
Notice, Commerce stated that it intended to issue instructions to CBP 
to terminate the suspension of liquidation and to discontinue the 
collection of cash deposits on entries of subject merchandise, entered 
or withdrawn from warehouse, on or after February 4, 2019.\14\ 
Furthermore, because the OTR Tires China CVD Order has been revoked as 
a result of the Revocation Notice, Commerce will not issue cash deposit 
instructions at the conclusion of this administrative review.
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    \13\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Final Results of Sunset Reviews and 
Revocation of Antidumping Duty and Countervailing Duty Orders, 84 FR 
20616 (May 10, 2019) (Revocation Notice).
    \14\ See Revocation Notice, 84 FR at 20618.
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Notification of Interested Parties

    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: November 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Benchmarks and Discount Rates
IX. Analysis of Programs
X. Disclosure and Public Comment
XI. Recommendation

[FR Doc. 2019-24899 Filed 11-15-19; 8:45 am]
 BILLING CODE 3510-DS-P




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