82 FR 28823 - Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Rescission of 2015-2016 Antidumping Duty New Shipper Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 121 (June 26, 2017)
International Trade Administration
Federal Register Volume 82, Issue 121 (June 26, 2017)
| Page Range | 28823-28824 | |
| FR Document | 2017-13287 |
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)] [Notices] [Pages 28823-28824] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13287] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-016] Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Rescission of 2015-2016 Antidumping Duty New Shipper Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (the Department) determines to rescind this new shipper review (NSR) of the antidumping duty (AD) order on passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (the PRC). The period of review (POR) is August 1, 2015, through January 31, 2016. The NSR covers one exporter/ producer of subject merchandise, Shandong Xinghongyuan Tire Co., Ltd. (SXT). DATES: Effective June 26, 2017. FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, 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) 482-3857. SUPPLEMENTARY INFORMATION: Background On January 31, 2017, the Department published notice of its preliminary rescission of this NSR pertaining to SXT for the period August 1, 2015, through January 31, 2016.\1\ On April 12, 2017, 2016, the Department extended the deadline for the final results to June 22, 2017.\2\ For a complete description of the events that followed publication of the Preliminary Rescission, see the Issues and Decision Memorandum, which is dated concurrently with and hereby adopted by this notice.\3\ The Issues and Decision Memorandum is a public document and is available 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 to all parties 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 are identical in content. --------------------------------------------------------------------------- \1\ See Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Rescission of 2015-2016 Antidumping Duty New Shipper Review, 82 FR 8824 (January 31, 2017) (Preliminary Rescission), and accompanying Department Memorandum, ``Passenger Vehicle and Light Truck Tires From the People's Republic of China: Decision Memorandum for the Preliminary Rescission of the 2015-2016 Antidumping Duty New Shipper Review,'' January 23, 2017 (Preliminary Decision Memorandum). \2\ See Department Memorandum, ``Passenger Vehicle and Light Truck Tires from the People's Republic of China: Extension of Deadline for Final Results in Antidumping Duty New Shipper Review,'' April 12, 2017. \3\ See Department Memorandum, ``Passenger Vehicle and Light Truck Tires from the People's Republic of China: Issues and Decision Memorandum for the Final Rescission of the 2015-2016 Antidumping Duty New Shipper Review,'' June 22, 2017 (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The scope of this order covers passenger tires from the PRC. For a complete description of the scope, see the ``Scope of the Order'' section of the Issues and Decision Memorandum.\4\ --------------------------------------------------------------------------- \4\ Id. at 2-4. --------------------------------------------------------------------------- Analysis of Comments Received The Department received case and rebuttal briefs following publication of the Preliminary Rescission. All issues raised in the briefs are addressed in the Issues and Decision Memorandum.\5\ A list of topics included in the Issues and [[Page 28824]] Decision Memorandum is provided at the Appendix to this notice. --------------------------------------------------------------------------- \5\ Id. at 4-8. --------------------------------------------------------------------------- Final Rescission of New Shipper Review In the Preliminary Rescission, the Department announced its preliminary intent to rescind this review because SXT's request for an NSR included an inaccurately certified statement that SXT is not affiliated with any PRC exporter or producer that exported subject merchandise (i.e., passenger tires from the PRC) to the United States during the period of time examined in the original AD investigation (i.e., October 1, 2013, through March 31, 2014) and, as such, SXT had not satisfied the statutory and regulatory requirements to request an NSR.\6\ Based on the Department's complete analysis of all information and comments on the record of this review, we make no changes to our findings in the Preliminary Rescission. Accordingly, for the reasons discussed in the Preliminary Rescission and the Issues and Decision Memorandum, we have determined to rescind this NSR with respect to SXT.\7\ --------------------------------------------------------------------------- \6\ See Preliminary Decision Memorandum at 5-8; see also Letter from SXT, ``Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: New Shipper Review Request,'' February 25, 2016, at Exhibit 2 (certifying that ``since the investigation was initiated, {SXT{time} has never been affiliated with any exporter or producer who exported the subject merchandise to the United States during the period of investigation including those not individually examined during the investigation''). \7\ See Preliminary Rescission, 82 FR at 8824; see also Preliminary Decision Memorandum at 3-8; Issues and Decision Memorandum. --------------------------------------------------------------------------- Assessment Because the Department is rescinding this NSR, we have not calculated a company-specific dumping margin for SXT. SXT's entries during the POR will be assessed at the cash deposit rate required at the time of entry, which is the ``PRC-wide'' rate (i.e., 76.46 percent). Cash Deposit Requirements Effective upon publication of this notice of the final rescission of this NSR, the Department will instruct U.S. Customs and Border Protection to require a cash deposit for entries of subject merchandise from SXT. The following cash deposit requirements will be effective upon publication of this rescission for all shipments of subject merchandise from SXT entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) For subject merchandise produced and exported by SXT, the cash deposit rate will continue to be the all-others rate (i.e., 76.46 percent); (2) for subject merchandise exported by SXT but not manufactured by SXT, the cash deposit rate will continue to be the all- others rate (i.e., 76.46 percent); and (3) for subject merchandise manufactured by SXT but exported by any other party, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice serves as a 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, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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. This Department is issuing and publishing these results in accordance with sections 751(a)(2)(B) and 771(i)(1) of the Act and 19 CFR 351.214 and 19 CFR 351.221(b)(5). Dated: June 20, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Issue 1: Acceptance of Unverified Submissions as ``Complete and Accurate'' Issue 2: Evidence of Xingyuan Group's Exports During the POI V. Recommendation [FR Doc. 2017-13287 Filed 6-23-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices 28823
of the number of overseas travelers who increases in the international market. In SUPPLEMENTARY INFORMATION:
visit U.S. census regions, states, contrast, in years international travel
Background
territories, or cities. But the program slows or declines, we factor this in
provides far more than an estimated when determining fees. Based upon all On January 31, 2017, the Department
number. The responses to questions this input, we develop several options published notice of its preliminary
asked of the overseas visitors also help for cost increases or decreases and rescission of this NSR pertaining to SXT
explain why the visitation numbers determine fees. for the period August 1, 2015, through
have increased or declined over the January 31, 2016.1 On April 12, 2017,
previous years due to the shifts in the Conclusion 2016, the Department extended the
traveler characteristics of the visitors Based on the information provided deadline for the final results to June 22,
between the two years. It may be a shift above, the NTTO believes its revised 2017.2 For a complete description of the
in visitors’ ports of entry or purpose of fees are consistent with the objective of events that followed publication of the
trip; changes in the mix of first time or OMB Circular A–25 to ‘‘promote Preliminary Rescission, see the Issues
repeat visitors, or package or efficient allocation of the nation’s and Decision Memorandum, which is
independent travelers; shifts in modes resources by establishing charges for dated concurrently with and hereby
of transport used by visitors to travel special benefits provided to the adopted by this notice.3 The Issues and
within the country; or a shift to more or recipient that are at least as great as the Decision Memorandum is a public
fewer destinations visited, compared to cost to the U.S. Government of document and is available electronically
previous trips. providing the special benefits . . . ’’ via Enforcement and Compliance’s
Fees are set considering the cost of OMB Circular A–25(5)(b). However, as Antidumping and Countervailing Duty
providing this data. Most of the NTTO stated above, we are providing the Centralized Electronic Service System
research is implemented from fixed public with the opportunity to comment (ACCESS). ACCESS is available to
price contacts. Within the contracts are and will reassess the revised fees as registered users at http://
built-in cost adjustments. The NTTO appropriate. access.trade.gov and to all parties in the
considers the current demand for each Central Records Unit, room B8024 of the
Dated: June 8, 2017.
program by comparing changes from main Department of Commerce
one year to the next before setting fees. Isabel Hill,
building. In addition, a complete
We also consider if there have been Director, National Travel & Tourism Office,
version of the Issues and Decision
decreases in timeliness or quality of International Trade Administration, U.S.
Department of Commerce. Memorandum can be accessed at http://
service delivery or improvements made enforcement.trade.gov/frn/. The signed
to the programs like new report formats, [FR Doc. 2017–13427 Filed 6–23–17; 8:45 am]
Issues and Decision Memorandum and
more travelers surveyed, or other BILLING CODE 3510–DR–P
the electronic version are identical in
enhancements to the research data content.
provided. The NTTO staff considered
the purchasing constraints experienced DEPARTMENT OF COMMERCE Scope of the Order
by current or potential subscribers (such International Trade Administration The scope of this order covers
as limits to purchase by credit card, or passenger tires from the PRC. For a
sole source/open bid requirements) and [A–570–016] complete description of the scope, see
factored in the annual percentage the ‘‘Scope of the Order’’ section of the
change in the Consumer Price Index Passenger Vehicle and Light Truck Issues and Decision Memorandum.4
(used to determine rate of inflation). Tires From the People’s Republic of
In the analysis of these fees, it was China: Final Rescission of 2015–2016 Analysis of Comments Received
determined that the services provided Antidumping Duty New Shipper The Department received case and
from this report offer special benefits to Review rebuttal briefs following publication of
an identifiable recipient beyond those AGENCY: Enforcement and Compliance, the Preliminary Rescission. All issues
that accrue to the public. International Trade Administration, raised in the briefs are addressed in the
ITA completed an analysis that Issues and Decision Memorandum.5 A
Department of Commerce.
calculated the actual cost of providing list of topics included in the Issues and
SUMMARY: The U.S. Department of
its data services to develop a basis for
Commerce (the Department) determines
setting the fee. Full cost incorporates 1 See Passenger Vehicle and Light Truck Tires
to rescind this new shipper review
direct and indirect costs (including From the People’s Republic of China: Preliminary
(NSR) of the antidumping duty (AD) Rescission of 2015–2016 Antidumping Duty New
operations and maintenance), overhead,
order on passenger vehicle and light Shipper Review, 82 FR 8824 (January 31, 2017)
and charges for the use of capital (Preliminary Rescission), and accompanying
truck tires (passenger tires) from the
facilities. ITA also considered Department Memorandum, ‘‘Passenger Vehicle and
People’s Republic of China (the PRC).
additional factors when pricing goods Light Truck Tires From the People’s Republic of
The period of review (POR) is August 1, China: Decision Memorandum for the Preliminary
and services, including adequacy of cost
2015, through January 31, 2016. The Rescission of the 2015–2016 Antidumping Duty
recovery, affordability, available New Shipper Review,’’ January 23, 2017
NSR covers one exporter/producer of
efficiencies, inflation, pricing history, (Preliminary Decision Memorandum).
subject merchandise, Shandong
fee elasticity, and service delivery 2 See Department Memorandum, ‘‘Passenger
Xinghongyuan Tire Co., Ltd. (SXT). Vehicle and Light Truck Tires from the People’s
alternatives.
Finally, the NTTO staff members DATES: Effective June 26, 2017. Republic of China: Extension of Deadline for Final
Results in Antidumping Duty New Shipper
watch what is happening in the FOR FURTHER INFORMATION CONTACT:
sradovich on DSK3GMQ082PROD with NOTICES
Review,’’ April 12, 2017.
industry. If our clients’ budgets are Kaitlin Wojnar, AD/CVD Operations, 3 See Department Memorandum, ‘‘Passenger
being cut or increased, this too is Office VII, Enforcement and Vehicle and Light Truck Tires from the People’s
considered. We watch what is Compliance, International Trade Republic of China: Issues and Decision
Memorandum for the Final Rescission of the 2015–
happening in terms of international Administration, U.S. Department of 2016 Antidumping Duty New Shipper Review,’’
travel to the country as well. If there are Commerce, 1401 Constitution Avenue June 22, 2017 (Issues and Decision Memorandum).
large increases in travel to the United NW., Washington, DC 20230; telephone: 4 Id. at 2–4.
States, there tends to be corresponding (202) 482–3857. 5 Id. at 4–8.
VerDate Sep<11>2014 17:04 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\26JNN1.SGM 26JNN1](https://thefederalregister.org/doc/82_FR_28944/page/1.svg)
![28824 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices
Decision Memorandum is provided at SXT, the cash deposit rate will continue V. Recommendation
the Appendix to this notice. to be the all-others rate (i.e., 76.46 [FR Doc. 2017–13287 Filed 6–23–17; 8:45 am]
percent); (2) for subject merchandise
Final Rescission of New Shipper BILLING CODE 3510–DS–P
exported by SXT but not manufactured
Review
by SXT, the cash deposit rate will
In the Preliminary Rescission, the continue to be the all-others rate (i.e., DEPARTMENT OF COMMERCE
Department announced its preliminary 76.46 percent); and (3) for subject
intent to rescind this review because merchandise manufactured by SXT but International Trade Administration
SXT’s request for an NSR included an exported by any other party, the cash
inaccurately certified statement that [A–580–889]
deposit rate will be the rate applicable
SXT is not affiliated with any PRC to the exporter. These cash deposit Dioctyl Terephthalate From the
exporter or producer that exported requirements, when imposed, shall Republic of Korea: Final Determination
subject merchandise (i.e., passenger remain in effect until further notice. of Sales at Less Than Fair Value and
tires from the PRC) to the United States
Notification to Importers Final Negative Determination of Critical
during the period of time examined in
Circumstances
the original AD investigation (i.e.,
October 1, 2013, through March 31, This notice serves as a final reminder
AGENCY: Enforcement and Compliance,
2014) and, as such, SXT had not to importers of their responsibility
International Trade Administration,
satisfied the statutory and regulatory under 19 CFR 351.402(f)(2) to file a
Department of Commerce.
requirements to request an NSR.6 Based certificate regarding the reimbursement SUMMARY: The Department of Commerce
on the Department’s complete analysis of antidumping duties prior to (the Department) determines that
of all information and comments on the liquidation of the relevant entries dioctyl terephthalate (DOTP) from the
record of this review, we make no during this POR. Failure to comply with Republic of Korea (Korea) is being, or is
changes to our findings in the this requirement could result in the likely to be, sold in the United States at
Preliminary Rescission. Accordingly, for Department’s presumption that less than fair value (LTFV). The period
the reasons discussed in the Preliminary reimbursement of antidumping duties of investigation (POI) is April 1, 2015,
Rescission and the Issues and Decision occurred and the subsequent assessment through March 31, 2016. For
Memorandum, we have determined to of double antidumping duties. information on the estimated weighted-
rescind this NSR with respect to SXT.7 Administrative Protective Orders average dumping margins of sales at
Assessment LTFV, see the ‘‘Final Determination’’
This notice serves as a reminder to section of this notice.
Because the Department is rescinding parties subject to administrative DATES: Effective June 26, 2017.
this NSR, we have not calculated a protective order (APO) of their
company-specific dumping margin for FOR FURTHER INFORMATION CONTACT:
responsibility concerning the return or
SXT. SXT’s entries during the POR will Laurel LaCivita or Shanah Lee, AD/CVD
destruction of proprietary information
be assessed at the cash deposit rate Operations, Office III, Enforcement and
disclosed under APO in accordance
required at the time of entry, which is Compliance, International Trade
with 19 CFR 351.305, which continues
the ‘‘PRC-wide’’ rate (i.e., 76.46 Administration, U.S. Department of
to govern business proprietary
percent). Commerce, 1401 Constitution Avenue
information in this segment of the
NW., Washington, DC 20230; telephone:
Cash Deposit Requirements proceeding. Timely written notification
(202) 482–4243 or (202) 482–6386,
of the return/destruction of APO
Effective upon publication of this respectively.
materials or conversion to judicial
notice of the final rescission of this SUPPLEMENTARY INFORMATION:
protective order is hereby requested.
NSR, the Department will instruct U.S.
Failure to comply with the regulations Background
Customs and Border Protection to
and terms of an APO is a violation
require a cash deposit for entries of On February 3, 2017, the Department
which is subject to sanction.
subject merchandise from SXT. The published the Preliminary
following cash deposit requirements This Department is issuing and Determination of sales at LTFV of DOTP
will be effective upon publication of publishing these results in accordance from Korea.1 The petitioner in this
this rescission for all shipments of with sections 751(a)(2)(B) and 771(i)(1) investigation is Eastman Chemical
subject merchandise from SXT entered, of the Act and 19 CFR 351.214 and 19 Company. The mandatory respondents
or withdrawn from warehouse, for CFR 351.221(b)(5). in this investigation are Aekyung
consumption on or after the publication Dated: June 20, 2017. Petrochemical Co., Ltd. (AKP) and LG
date, as provided for by section Ronald K. Lorentzen, Chem Ltd. (LG Chem). Both AKP and
751(a)(2)(C) of the Tariff Act of 1930, as LG Chem participated in this
amended (the Act): (1) For subject Acting Assistant Secretary for Enforcement
and Compliance. investigation. A complete summary of
merchandise produced and exported by the events that occurred since
Appendix publication of the Preliminary
6 See Preliminary Decision Memorandum at 5–8;
see also Letter from SXT, ‘‘Certain Passenger List of Topics Discussed in the Issues and Determination, as well as a full
Vehicle and Light Truck Tires from the People’s Decision Memorandum
Republic of China: New Shipper Review Request,’’ 1 See Dioctyl Terephthalate from the Republic of
February 25, 2016, at Exhibit 2 (certifying that
I. Summary Korea: Affirmative Preliminary Determination of
sradovich on DSK3GMQ082PROD with NOTICES
‘‘since the investigation was initiated, {SXT} has II. Background Sales at Less Than Fair Value, Negative Preliminary
never been affiliated with any exporter or producer III. Scope of the Order Determination of Critical Circumstances, and
who exported the subject merchandise to the IV. Discussion of the Issues Postponement of Final Determination, 82 FR 9195
United States during the period of investigation Issue 1: Acceptance of Unverified (February 3, 2017) (Preliminary Determination) and
including those not individually examined during accompanying memorandum, ‘‘Decision
the investigation’’).
Submissions as ‘‘Complete and
Memorandum for the Preliminary Determination in
7 See Preliminary Rescission, 82 FR at 8824; see Accurate’’ the Less-Than-Fair-Value Investigation of Dioctyl
also Preliminary Decision Memorandum at 3–8; Issue 2: Evidence of Xingyuan Group’s Terephthalate from the Republic of Korea’’
Issues and Decision Memorandum. Exports During the POI (Preliminary Decision Memorandum).
VerDate Sep<11>2014 17:04 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\26JNN1.SGM 26JNN1](https://thefederalregister.org/doc/82_FR_28944/page/2.svg)
Document Created: 2018-11-14 10:10:49
Document Modified: 2018-11-14 10:10:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective June 26, 2017. | |
| Contact | Kaitlin Wojnar, 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) 482-3857. | |
| FR Citation | 82 FR 28823 |
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