82_FR_12597 82 FR 12555 - Multilayered Wood Flooring From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order

82 FR 12555 - Multilayered Wood Flooring From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 42 (March 6, 2017)

Page Range12555-12556
FR Document2017-04271

The Department of Commerce (the Department) finds that revocation of the countervailing duty (CVD) order on multilayered wood flooring (MLWF) from the People's Republic of China (PRC) would likely lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 82 Issue 42 (Monday, March 6, 2017)
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12555-12556]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04271]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-971]


Multilayered Wood Flooring From the People's Republic of China: 
Final Results of Expedited First Sunset Review of the Countervailing 
Duty Order

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

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the countervailing duty (CVD) order on multilayered wood 
flooring (MLWF) from the People's Republic of China (PRC) would likely 
lead to continuation or recurrence of a countervailable subsidy at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Effective March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Robert James or John Anwesen, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Ave. NW., Washington, DC 20230; telephone: (202) 482-0649 or (202) 482-
0131, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2016, the Department initiated the first sunset 
review of the CVD order on MLWF from the PRC pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.218(c).\1\ The Department received a notice of intent to 
participate in the review on behalf of the Coalition for American 
Hardwood Parity and its member companies, Cumberland Products Group, 
LLC, d/b/a American OEM Wood Floors, Mannington Mills, Inc., Mohawk 
Industries, Inc., Shaw Industries Group, Inc. (collectively, CAHP), 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\2\ CAHP 
claimed interested party status under section 771(9)(C) and (F) of the 
Act, as domestic producers of the domestic like product and an 
association comprised of domestic producers.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 81 FR 
75808 (November 1, 2016).
    \2\ See Coalition for American Hardwood Parity et al.'s Notice 
of Intent to Participate entitled, ``Petitioners' Notice of Intent 
to Participate: Five-Year (``Sunset'') Review: Multilayered Wood 
Flooring from the People's Republic of China,'' dated November 16, 
2016.
---------------------------------------------------------------------------

    The Department received an adequate substantive response from the 
domestic industry within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\3\ The Department did not receive a substantive 
response from any government or respondent interested party to the 
proceeding. Because the Department received no response from the 
respondent interested parties, the Department conducted an expedited 
review of this CVD order, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2).
---------------------------------------------------------------------------

    \3\ See Coalition for American Hardwood Parity et al.'s 
Substantive Response entitled ``Petitioner's Substantive Response: 
Five Year (``Sunset'') Review: Multilayered Wood Flooring from the 
People's Republic of China,'' dated December 1, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order are certain multilayered wood 
flooring which are composed of an assembly of two or more layers or 
plies of wood veneer(s) \4\ in combination with a core. Imports of the 
subject merchandise are provided for under the following subheadings of 
the Harmonized Tariff Schedule of the United States (HTSUS): 
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2610; 4412.31.2620; 
4412.31.4140; 4412.31.4160; 4412.31.4175; 4412.31.5225; 4412.32.0640; 
4412.32.0665; 4412.32.2610; 4412.32.2625; 4412.32.3225; 4412.32.5700; 
4418.74.2000; 4418.74.9000; 4418.75.4000; 4418.75.7000; 4418.79.0100; 
4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 
4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.5125; 
4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 
4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.2510; 4412.32.2520; 
4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 
4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 
4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 
4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 
4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 
4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 
4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 
4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 
4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 
4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 
4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5710; 4412.99.6000; 
4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500; 4418.71.2000; 
4418.71.9000; 4418.72.2000; 4418.72.9500; and 9801.00.2500.\5\ Although 
the HTSUS numbers are provided for convenience and customs purposes, 
the written product description remains dispositive. For a full 
description of the scope, see the Issues and Decision Memorandum, which 
is hereby adopted by this notice.\6\
---------------------------------------------------------------------------

    \4\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or 
sawed from a log, bolt or flitch. Veneer is referred to as a ply 
when assembled.
    \5\ The following HTS numbers were added to the Case Reference 
File in ACE: 9801.00.2500, 4412.31.0620, 4412.31.0640, 4412.31.0660, 
4412.31.2610, 4412.31.2620, 4412.31.4140, 4412.31.4160, 
4412.31.4175, 4412.31.5225, 4412.32.0640, 4412.32.0665, 
4412.32.2610, 4412.32.2625, 4412.32.3225, 4412.32.5700, 
4418.74.2000, 4418.74.9000, 4418.75.4000, 4418.75.7000, 
4418.79.0100. See Memorandum regarding: Multilayered Wood Flooring 
from the PRC, Modification of the Case Reference File in ACE, dated 
February 8, 2017; see also Memorandum regarding: Multilayered Wood 
Flooring from the People's Republic of China: A-570-970, C-570-971, 
dated February 9, 2017.
    \6\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order on Multilayered Wood Flooring from the 
People's Republic of China'' (Issues and Decision Memorandum), dated 
concurrently with this final notice.
---------------------------------------------------------------------------

    The Issues and 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 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic 
version of the Issues and Decision Memorandum are identical in content.

[[Page 12556]]

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum. The issues discussed in the Issues and Decision 
Memorandum address the likelihood of continuation or recurrence of a 
countervailable subsidy, the net countervailable subsidy likely to 
prevail if the order were revoked, and the nature of the subsidy.

Final Results of Review

    Pursuant to section 752(b)(1) and (3) of the Act, we determine that 
revocation of the CVD order on MLWF from the PRC would be likely to 
lead to continuation or recurrence of countervailable subsidies at the 
rates listed below:

------------------------------------------------------------------------
                                                       Net subsidy rate
                Exporter/manufacturer                   % (ad valorem)
------------------------------------------------------------------------
Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua)                1.90
 Ltd.; Fine Furniture Plantation (Shishou) Ltd......
All-Others..........................................                2.27
124 Non-Cooperating Companies \7\...................               27.37
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum at Appendix I.
---------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a violation which is subject 
to sanction.
    The Department is issuing and publishing these final results and 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: February 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-04271 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                     Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices                                                     12555

                                                    HTSUS subheadings are provided for                       interested party status under section                    4412.39.4052; 4412.39.4059;
                                                    convenience and customs purposes, the                    771(9)(C) and (F) of the Act, as domestic                4412.39.4061; 4412.39.4062;
                                                    written description of the subject                       producers of the domestic like product                   4412.39.4069; 4412.39.5010;
                                                    merchandise is dispositive.                              and an association comprised of                          4412.39.5030; 4412.39.5050;
                                                    [FR Doc. 2017–04432 Filed 3–3–17; 8:45 am]               domestic producers.                                      4412.94.1030; 4412.94.1050;
                                                    BILLING CODE 3510–DS–P                                     The Department received an adequate                    4412.94.3105; 4412.94.3111;
                                                                                                             substantive response from the domestic                   4412.94.3121; 4412.94.3131;
                                                                                                             industry within the 30-day deadline                      4412.94.3141; 4412.94.3160;
                                                    DEPARTMENT OF COMMERCE                                   specified in 19 CFR 351.218(d)(3)(i).3                   4412.94.3171; 4412.94.4100;
                                                                                                             The Department did not receive a                         4412.94.5100; 4412.94.6000;
                                                    International Trade Administration                       substantive response from any                            4412.94.7000; 4412.94.8000;
                                                    [C–570–971]                                              government or respondent interested                      4412.94.9000; 4412.94.9500;
                                                                                                             party to the proceeding. Because the                     4412.99.0600; 4412.99.1020;
                                                    Multilayered Wood Flooring From the                      Department received no response from                     4412.99.1030; 4412.99.1040;
                                                    People’s Republic of China: Final                        the respondent interested parties, the                   4412.99.3110; 4412.99.3120;
                                                    Results of Expedited First Sunset                        Department conducted an expedited                        4412.99.3130; 4412.99.3140;
                                                    Review of the Countervailing Duty                        review of this CVD order, pursuant to                    4412.99.3150; 4412.99.3160;
                                                    Order                                                    section 751(c)(3)(B) of the Act and 19                   4412.99.3170; 4412.99.4100;
                                                                                                             CFR 351.218(e)(1)(ii)(C)(2).                             4412.99.5100; 4412.99.5710;
                                                    AGENCY:  Enforcement and Compliance,
                                                    International Trade Administration,                      Scope of the Order                                       4412.99.6000; 4412.99.7000;
                                                    Department of Commerce.                                                                                           4412.99.8000; 4412.99.9000;
                                                                                                               The products covered by this order                     4412.99.9500; 4418.71.2000;
                                                    SUMMARY: The Department of Commerce                      are certain multilayered wood flooring
                                                                                                                                                                      4418.71.9000; 4418.72.2000;
                                                    (the Department) finds that revocation                   which are composed of an assembly of
                                                                                                                                                                      4418.72.9500; and 9801.00.2500.5
                                                    of the countervailing duty (CVD) order                   two or more layers or plies of wood
                                                                                                                                                                      Although the HTSUS numbers are
                                                    on multilayered wood flooring (MLWF)                     veneer(s) 4 in combination with a core.
                                                                                                                                                                      provided for convenience and customs
                                                    from the People’s Republic of China                      Imports of the subject merchandise are
                                                                                                                                                                      purposes, the written product
                                                    (PRC) would likely lead to continuation                  provided for under the following
                                                                                                                                                                      description remains dispositive. For a
                                                    or recurrence of a countervailable                       subheadings of the Harmonized Tariff
                                                                                                                                                                      full description of the scope, see the
                                                    subsidy at the levels indicated in the                   Schedule of the United States (HTSUS):
                                                                                                                                                                      Issues and Decision Memorandum,
                                                    ‘‘Final Results of Review’’ section of this              4412.31.0620; 4412.31.0640;
                                                                                                                                                                      which is hereby adopted by this notice.6
                                                    notice.                                                  4412.31.0660; 4412.31.2610;
                                                                                                             4412.31.2620; 4412.31.4140;                                 The Issues and Decision
                                                    DATES: Effective March 6, 2017.
                                                                                                             4412.31.4160; 4412.31.4175;                              Memorandum is a public document and
                                                    FOR FURTHER INFORMATION CONTACT:                                                                                  is on file electronically via Enforcement
                                                                                                             4412.31.5225; 4412.32.0640;
                                                    Robert James or John Anwesen, AD/CVD                     4412.32.0665; 4412.32.2610;                              and Compliance’s Antidumping and
                                                    Operations, Office VIII, Enforcement                     4412.32.2625; 4412.32.3225;                              Countervailing Duty Centralized
                                                    and Compliance, International Trade                      4412.32.5700; 4418.74.2000;                              Electronic Service System (ACCESS).
                                                    Administration, U.S. Department of                       4418.74.9000; 4418.75.4000;                              ACCESS is available to registered users
                                                    Commerce, 1401 Constitution Ave. NW.,                    4418.75.7000; 4418.79.0100;                              at http://access.trade.gov and in the
                                                    Washington, DC 20230; telephone: (202)                   4412.31.0520; 4412.31.0540;                              Central Records Unit, room B8024 of the
                                                    482–0649 or (202) 482–0131,                              4412.31.0560; 4412.31.2510;                              main Department of Commerce
                                                    respectively.                                            4412.31.2520; 4412.31.4040;                              building. In addition, a complete
                                                    SUPPLEMENTARY INFORMATION:                               4412.31.4050; 4412.31.4060;                              version of the Issues and Decision
                                                                                                             4412.31.4070; 4412.31.5125;                              Memorandum can be accessed at http://
                                                    Background                                               4412.31.5135; 4412.31.5155;                              enforcement.trade.gov/frn/. The signed
                                                      On November 1, 2016, the Department                    4412.31.5165; 4412.31.6000;                              Issues and Decision Memorandum and
                                                    initiated the first sunset review of the                 4412.31.9100; 4412.32.0520;                              the electronic version of the Issues and
                                                    CVD order on MLWF from the PRC                           4412.32.0540; 4412.32.0560;                              Decision Memorandum are identical in
                                                    pursuant to section 751(c) of the Tariff                 4412.32.2510; 4412.32.2520;                              content.
                                                    Act of 1930, as amended (the Act) and                    4412.32.3125; 4412.32.3135;
                                                    19 CFR 351.218(c).1 The Department                       4412.32.3155; 4412.32.3165;                                 5 The following HTS numbers were added to the

                                                    received a notice of intent to participate               4412.32.3175; 4412.32.3185;                              Case Reference File in ACE: 9801.00.2500,
                                                                                                                                                                      4412.31.0620, 4412.31.0640, 4412.31.0660,
                                                    in the review on behalf of the Coalition                 4412.32.5600; 4412.39.1000;                              4412.31.2610, 4412.31.2620, 4412.31.4140,
                                                    for American Hardwood Parity and its                     4412.39.3000; 4412.39.4011;                              4412.31.4160, 4412.31.4175, 4412.31.5225,
                                                    member companies, Cumberland                             4412.39.4012; 4412.39.4019;                              4412.32.0640, 4412.32.0665, 4412.32.2610,
                                                    Products Group, LLC, d/b/a American                      4412.39.4031; 4412.39.4032;                              4412.32.2625, 4412.32.3225, 4412.32.5700,
                                                                                                                                                                      4418.74.2000, 4418.74.9000, 4418.75.4000,
                                                    OEM Wood Floors, Mannington Mills,                       4412.39.4039; 4412.39.4051;                              4418.75.7000, 4418.79.0100. See Memorandum
                                                    Inc., Mohawk Industries, Inc., Shaw                                                                               regarding: Multilayered Wood Flooring from the
                                                    Industries Group, Inc. (collectively,                    Year (‘‘Sunset’’) Review: Multilayered Wood              PRC, Modification of the Case Reference File in
                                                                                                             Flooring from the People’s Republic of China,’’          ACE, dated February 8, 2017; see also
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    CAHP), within the deadline specified in
                                                                                                             dated November 16, 2016.                                 Memorandum regarding: Multilayered Wood
                                                    19 CFR 351.218(d)(1)(i).2 CAHP claimed                      3 See Coalition for American Hardwood Parity et       Flooring from the People’s Republic of China: A–
                                                                                                             al.’s Substantive Response entitled ‘‘Petitioner’s       570–970, C–570–971, dated February 9, 2017.
                                                    8432.90.0005, 8432.90.0015, 8432.90.0030,                Substantive Response: Five Year (‘‘Sunset’’)                6 See Department Memorandum, ‘‘Issues and
                                                    8432.90.0080, and 8716.90.5055.                          Review: Multilayered Wood Flooring from the              Decision Memorandum for the Final Results of the
                                                       1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,   People’s Republic of China,’’ dated December 1,          Expedited First Sunset Review of the
                                                    81 FR 75808 (November 1, 2016).                          2016.                                                    Countervailing Duty Order on Multilayered Wood
                                                       2 See Coalition for American Hardwood Parity et          4 A ‘‘veneer’’ is a thin slice of wood, rotary cut,   Flooring from the People’s Republic of China’’
                                                    al.’s Notice of Intent to Participate entitled,          sliced or sawed from a log, bolt or flitch. Veneer is    (Issues and Decision Memorandum), dated
                                                    ‘‘Petitioners’ Notice of Intent to Participate: Five-    referred to as a ply when assembled.                     concurrently with this final notice.



                                               VerDate Sep<11>2014    19:24 Mar 03, 2017   Jkt 241001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\06MRN1.SGM     06MRN1


                                                    12556                                       Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

                                                    Analysis of Comments Received                                               subsidy, the net countervailable subsidy                                     of the CVD order on MLWF from the
                                                      All issues raised in this review are                                      likely to prevail if the order were                                          PRC would be likely to lead to
                                                    addressed in the Issues and Decision                                        revoked, and the nature of the subsidy.                                      continuation or recurrence of
                                                    Memorandum. The issues discussed in                                                                                                                      countervailable subsidies at the rates
                                                                                                                                Final Results of Review
                                                    the Issues and Decision Memorandum                                                                                                                       listed below:
                                                    address the likelihood of continuation                                        Pursuant to section 752(b)(1) and (3)
                                                    or recurrence of a countervailable                                          of the Act, we determine that revocation

                                                                                                                                                                                                                                                       Net subsidy rate
                                                                                                                                  Exporter/manufacturer                                                                                                % (ad valorem)

                                                    Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua) Ltd.; Fine Furniture Plantation (Shishou) Ltd .....................................                                                                        1.90
                                                    All-Others .....................................................................................................................................................................................                2.27
                                                    124 Non-Cooperating Companies 7 .............................................................................................................................................                                  27.37



                                                    Notification Regarding Administrative                                       off-the-road tires (off road tires) from                                     Scope of the Orders
                                                    Protective Order                                                            India and Sri Lanka. In addition, the                                          The products covered by these orders
                                                      This notice serves as the only                                            Department is amending its final                                             are off road tires, which are tires with
                                                    reminder to parties subject to                                              determination with respect to India, as                                      an off road tire size designation. For a
                                                    administrative protective order (APO) of                                    a result of ministerial errors.                                              complete description of the scope of the
                                                    their responsibility concerning the                                         DATES: Effective March 6, 2017.                                              orders, see Appendix I.
                                                    return or destruction of proprietary                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                Gene Calvert (India); Whitley Herndon                                        Amendment to India Final
                                                    information disclosed under APO in
                                                                                                                                (Sri Lanka); AD/CVD Operations,                                              Determination
                                                    accordance with 19 CFR 351.305.
                                                    Timely notification of return/                                              Enforcement and Compliance,                                                    On January 17, 2017, ATC Tires
                                                    destruction of APO materials or                                             International Trade Administration,                                          Private Limited (ATC) alleged that the
                                                    conversion to judicial protective order is                                  U.S. Department of Commerce, 1401                                            Department made ministerial errors in
                                                    hereby requested. Failure to comply                                         Constitution Avenue NW., Washington,                                         the India Final Determination.3 A
                                                    with the regulations and the terms of an                                    DC 20230; telephone: (202) 482–3586 or                                       ministerial error is defined as an error
                                                    APO is a violation which is subject to                                      (202) 482–6274, respectively.                                                in addition, subtraction, or other
                                                    sanction.                                                                   SUPPLEMENTARY INFORMATION:                                                   arithmetic function, clerical error
                                                      The Department is issuing and                                                                                                                          resulting from inaccurate copying,
                                                                                                                                Background                                                                   duplication, or the like, and any other
                                                    publishing these final results and notice
                                                    in accordance with sections 751(c),                                            In accordance with sections 705(d)                                        similar type of unintentional error
                                                    752(b), and 777(i)(1) of the Act and 19                                     and 777(i) of the Tariff Act of 1930, as                                     which the Secretary considers
                                                    CFR 351.218.                                                                amended (the Act), and 19 CFR                                                ministerial.4
                                                                                                                                351.210(c), on January 10, 2017, the                                           The Department reviewed the record
                                                      Dated: February 27, 2017.
                                                                                                                                Department published its final                                               and agrees that the errors referenced in
                                                    Ronald K. Lorentzen,
                                                                                                                                determinations in the countervailing                                         ATC’s allegation constitute ministerial
                                                    Acting Assistant Secretary for Enforcement                                  duty investigations of off road tires from                                   errors within the meaning of 19 CFR
                                                    and Compliance.                                                             India and Sri Lanka.1 On February 23,                                        351.224(f).5 Specifically, the
                                                    [FR Doc. 2017–04271 Filed 3–3–17; 8:45 am]                                  2017, the ITC notified the Department of                                     Department double-counted the benefit
                                                    BILLING CODE 3510–DS–P                                                      its final determination that an industry                                     ATC received through the Central Sales
                                                                                                                                in the United States is materially                                           Tax Reimbursement Program and
                                                                                                                                injured by reason of subsidized imports                                      inadvertently treated a stamp duty
                                                    DEPARTMENT OF COMMERCE                                                      of subject merchandise from India and                                        exemption as a subsidy received during
                                                    International Trade Administration                                          Sri Lanka within the meaning of section                                      the POI when the record indicates it was
                                                                                                                                705(b)(1)(A)(i) of the Act, and its                                          received prior to the POI.6 Pursuant to
                                                    [C–533–870, C–542–801]                                                      determination that critical                                                  19 CFR 351.224(e), the Department is
                                                                                                                                circumstances do not exist with respect                                      amending the India Final Determination
                                                    Certain New Pneumatic Off-the-Road                                          to imports of subject merchandise from                                       to reflect the correction of the
                                                    Tires From India and Sri Lanka:                                             India and Sri Lanka that are subject to                                      ministerial errors described above.
                                                    Amended Final Affirmative                                                   the Department’s affirmative critical
                                                    Countervailing Duty Determination for                                       circumstances finding.2                                                      India and Sri Lanka (February 23, 2017). See also
                                                    India and Countervailing Duty Orders                                                                                                                     Certain New Pneumatic Off-the-Road Tires from
                                                                                                                                  1 See Countervailing Duty Investigation of Certain                         India and Sri Lanka, Investigation Nos. 701–TA–
                                                    AGENCY:  Enforcement and Compliance,                                        New Pneumatic Off-the-Road Tires from India:                                 552–553 and 731–TA–1308 (Final), USITC
                                                    International Trade Administration,                                         Final Affirmative Determination, and Final                                   Publication 4669 (February 2017).
                                                                                                                                                                                                               3 See Letter from ATC, ‘‘Certain New Pneumatic
                                                    Department of Commerce.                                                     Affirmative Critical Circumstances Determination,
                                                                                                                                in Part, 82 FR 2946 (January 10, 2017) (India Final                          Off-the-Road Tires from India: Ministerial Error
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    SUMMARY: Based on affirmative final                                                                                                                      Comments on the Final Determination,’’ dated
                                                                                                                                Determination); and Certain New Pneumatic Off-
                                                    determinations by the Department of                                         the-Road Tires from Sri Lanka: Final Affirmative                             January 17, 2017.
                                                    Commerce (the Department) and the                                           Countervailing Duty Determination, and Final                                   4 See section 705(e) of the Act.

                                                    International Trade Commission (ITC),                                       Determination of Critical Circumstances, 82 FR                                 5 See Memorandum to Jim Maeder, Senior

                                                                                                                                2949 (January 10, 2017).                                                     Director for Antidumping and Countervailing Duty
                                                    the Department is issuing countervailing                                      2 See Letter to Ronald Lorentzen, Acting Assistant                         Operations ‘‘Countervailing Duty Investigation of
                                                    duty orders on certain new pneumatic                                        Secretary of Commerce for Enforcement and                                    Certain New Pneumatic Off-the-Road Tires from
                                                                                                                                Compliance, from Rhonda K. Schmidtlein,                                      India: Ministerial Error Comments on the Final
                                                     7 See Issues and Decision Memorandum at                                    Chairman of the U.S. International Trade                                     Determination’’ (February 27, 2017).
                                                    Appendix I.                                                                 Commission, regarding off the road tires from the                              6 Id.




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Document Created: 2017-03-04 00:06:28
Document Modified: 2017-03-04 00:06:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective March 6, 2017.
ContactRobert James or John Anwesen, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 20230; telephone: (202) 482-0649 or (202) 482- 0131, respectively.
FR Citation82 FR 12555 

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