82 FR 40554 - Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review, 2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 164 (August 25, 2017)
International Trade Administration
Federal Register Volume 82, Issue 164 (August 25, 2017)
| Page Range | 40554-40556 | |
| FR Document | 2017-18045 |
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)] [Notices] [Pages 40554-40556] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18045] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-913] Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review, 2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending the final results of the countervailing duty administrative review of certain new pneumatic off-the-road tires from the People's Republic of China (PRC) to correct certain ministerial errors. The period of review (POR) is January 1, 2014, through December 31, 2014. DATES: Applicable August 25, 2017. [[Page 40555]] 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 and 202-482-1396, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(b)(5), on April 18, 2017, the Department published its final results in the countervailing duty administrative review of certain new phenumatic off-the-road tires from the PRC.\1\ Titan Tire Corporation (Titan) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC (the USW) (collectively, the petitioners) and Xuzhou Xugong Tyres Co. Ltd. (Xuzhou Xugong) timely alleged ministerial errors on April 21 and 24, 2017.\2\ Xuzhou Xugong, the petitioners, and Guizhou Tyre Co., Ltd. (Guizhou Tyre) timely filed rebuttal comments on April 26 and 28, 2017.\3\ --------------------------------------------------------------------------- \1\ See Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2014, 82 FR 18285 (April 18, 2017) (Final Results) and accompanying Issues and Decision Memorandum (Final Results IDM). \2\ See Xuzhou Xugong's letter to the Department, ``Xuzhou Xugong Tyres Co., Ltd., (``Xugong''): Allegation of Ministerial Error for the Final Results of Countervailing Duty Administrative Review of New Pneumatic Off-The-Road Tires from the People's Republic of China,'' April 21, 2017, (Xuzhou Xugong's Ministerial Error Allegation); the petitioners' letter to the Department, ``Seventh Administrative Review of the Countervailing Duty Order on Certain New Pneumatic Off-the-Road Tires from the People's Republic of China--Titan and USW's Ministerial Error Comments,'' April 24, 2017 (Petitioners' Ministerial Error Allegation). \3\ See the petitioners' letter to the Department, ``Seventh Administrative Review of the Countervailing Duty Order on Certain New Pneumatic Off-the-Road Tires from the People's Republic of China--Titan and USW's Reply to Xugong's Allegation of Ministerial Error,'' April 26, 2017 (Petitioners' Rebuttal Comment); Xuzhou Xugong's letter to the Department, ``Xuzhou Xugong Tyres Co., Ltd., (``Xugong''): Rebuttal to Petitioners' Allegation of Ministerial Error for the Final Results of Countervailing Duty Administrative Review of New Pneumatic Off-The-Road Tires from the People's Republic of China,'' April 26, 2017, (Xuzhou Xugong's Rebuttal Comment); Guizhou Tyre's letter to the Department, ``GTC Rebuttal Comments on Petitioners' Ministerial Error Comments (re-file per ACCESS): Seventh Administrative Review of the Countervailing Duty Order on Certain Pneumatic Off-the-Road Tires from the People's Republic of China (C-570-913),'' April 28, 2017 (Guizhou Tyre's Rebuttal Comment). --------------------------------------------------------------------------- Scope of the Order The products covered by the scope are new pneumatic tires designed for off-the-road (OTR) and off-highway use. The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30, 4011.20.50.50, 4011.70.0010, 4011.62.00.00, 4011.80.1020, 4011.90.10, 4011.70.0050, 4011.80.1010, 4011.80.1020, 4011.80.2010, 4011.80.2020, 4011.80.8010, and 4011.80.8020. While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope, which is contained in the Issues and Decision Memorandum accompanying the Final Results, is dispositive.\4\ --------------------------------------------------------------------------- \4\ For a full description of the scope of the order, see Final Results IDM. --------------------------------------------------------------------------- Ministerial Errors Section 751(h) of the Act, and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.'' The Department finds that one of the ministerial errors alleged by the petitioners constitutes a ministerial error within the meaning of 19 CFR 351.224(f).\5\ Specifically, we made a ministerial error with regard to the selection of a synthetic rubber benchmark for the calculation of the provison of synthetic rubber at less than adequate remuneration for Guizhou Tyre and Xuzhou Xugong. For a complete discussion of these alleged errors, see the Response to Ministerial Error Allegations.\6\ --------------------------------------------------------------------------- \5\ See Memorandum, ``Response to Ministerial Error Allegations in the Final Results'' (Response to Ministerial Error Allegations) dated concurrently with this notice. \6\ Id. --------------------------------------------------------------------------- In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results.\7\ Specifically, we are amending the net subsidy rates for Guizhou Tyre, Xuzhou Xugong, and the 44 companies for which a review was requested that were not selected as mandatory respondents (the non-selected companies).\8\ The revised net subsidy rates are provided below. --------------------------------------------------------------------------- \7\ See Final Results, 82 FR at 18285. \8\ Consistent with the Final Results, see 82 at 18286, for the non-selected respondents, we assigned to the non-selected respondents the simple average of the amended net subsidy rates calculated for Guizhou Tyre and Xuzhou Xugong. We are using a simple, rather than a weighted, average due to inconsistent units of measure in the publicly ranged quantity and value data provided by Guizhou Tyre and Xuzhou Xugong. --------------------------------------------------------------------------- Amended Final Results As a result of correcting the ministerial errors, we determine that Guizhou Tyre's, Xuzhou Xugong's and the non-selected companies' total net countervailable subsidy rates for the period January 1, 2014, through December 31, 2014, are as follows: ------------------------------------------------------------------------ Subsidy rate Manufacturer/exporter (percent ad valorem) ------------------------------------------------------------------------ Guizhou Tyre Co., Ltd. and/or Guizhou Tyre Import and 37.57 Export Co., Ltd........................................ Xuzhou Xugong Tyres Co. Ltd............................. 57.13 Non Selected Companies \9\.............................. 47.35 ------------------------------------------------------------------------ Assessment Rates/Cash Deposits The Department intends to issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these amended final results of review, to liquidate shipments of subject merchandise produced and/or exported by the respondent listed above entered, or withdrawn from, warehouses for consumption on or after January 1, 2014, through December 31, 2014. On May 10, 12, and 23, 2017, the U.S. Court of International Trade preliminarily enjoined liquidation of certain entries that are subject to the Final Results.\10\ Accordingly, the Department will not instruct CBP to assess countervailing duties on those enjoined entries pending resolution of the associated litigation. --------------------------------------------------------------------------- \9\ Appendix II of the Final Results provides a list of the non- selected companies that are assigned this rate. See Final Results, 82 at 18286-87. \10\ The U.S. Court of International Trade issued the related preliminary injunctions in case numbers 17-00101, 17-00105, and 17- 00117, which are now consolidated, along with case number 17-00120, under lead case 17-00101. --------------------------------------------------------------------------- The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amount shown above for the companies listed above, on shipments of subject merchandise entered, or withdrawn from, warehouses for consumption on or after April 18, 2017, the date of publication of the Final Results. 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 appropriate. These cash deposit requirements, when imposed, [[Page 40556]] shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 the terms of an APO is a sanctionable violation. Disclosure We will disclose the calculations performed for these amended final results to interested parties within five business days of the date of the publication of this notice in accordance with 19 CFR 351.224(b). We are issuing and publishing these results in accordance with sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e). Dated: August 21, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-18045 Filed 8-24-17; 8:45 am] BILLING CODE 3510-DS-P
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operation of a nationwide, interoperable Public access will be limited to listen- [C–570–913]
public safety broadband network. The only. Due to the limited number of
FirstNet Board is responsible for making ports, attendance via teleconference will Certain New Pneumatic Off-the-Road
strategic decisions regarding FirstNet’s be on a first-come, first-served basis. Tires From the People’s Republic of
operations. The FirstNet Board held its The Board Meeting is open to the China: Amended Final Results of
first public meeting on September 25, public and press on a first-come, first- Countervailing Duty Administrative
2012. served basis. Space is limited. To ensure Review, 2014
Matters to be Considered: FirstNet an accurate headcount, all expected
will post a detailed agenda for the attendees are asked to provide notice of AGENCY: Enforcement and Compliance,
combined meeting of the Board intent to attend by sending an email to International Trade Administration,
Committees and Board meeting on its BoardRSVP@firstnet.gov. If the number Department of Commerce.
Web site, http://www.firstnet.gov, prior of RSVPs indicates that expected SUMMARY: The Department of Commerce
to the meetings. The agenda topics are attendance has reached its capacity, (the Department) is amending the final
subject to change. Please note that the FirstNet will respond to all subsequent results of the countervailing duty
sradovich on DSK3GMQ082PROD with NOTICES
subjects that will be discussed by the notices indicating that capacity has been administrative review of certain new
Board Committees and the Board may reached and that in-person viewing may pneumatic off-the-road tires from the
involve commercial or financial no longer be available but that the People’s Republic of China (PRC) to
information that is privileged or meeting may still be viewed by webcast correct certain ministerial errors. The
confidential or other legal matters as detailed below. For access to the period of review (POR) is January 1,
affecting FirstNet. As such, the Board meetings, valid government issued 2014, through December 31, 2014.
Committee Chairs and Board Chair may photo identification may be requested DATES: Applicable August 25, 2017.
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![40556 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
shall remain in effect until further Malaysia using finished or unfinished States. The petitioners request that the
notice. butt-weld pipe fittings sourced from the Department treat all butt-weld pipe
People’s Republic of China (PRC), are fittings imported from Malaysia,
Administrative Protective Order
circumventing the antidumping duty regardless of producer or exporter, as
This notice also serves as a reminder order on butt-weld pipe fittings from the subject merchandise under the scope of
to parties subject to administrative PRC. the Order and impose cash deposit
protective orders (APO) of their DATES: Applicable August 25, 2017. requirements for estimated antidumping
responsibility concerning the return or FOR FURTHER INFORMATION CONTACT: Julia duties on all imports of butt-weld pipe
destruction of proprietary information Hancock at (202) 482–1394, AD/CVD fittings from Malaysia.5 In the
disclosed under APO in accordance Operations, Enforcement and alternative to an anti-circumvention
with 19 CFR 351.305(a)(3), which Compliance, U.S. Department of inquiry, the petitioners requested that
continues to govern business Commerce, 1401 Constitution Avenue we initiate and issue a preliminary
proprietary information in this segment NW., Washington, DC 20230. scope ruling that certain imports of butt-
of the proceeding. Timely written SUPPLEMENTARY INFORMATION: On July 6, weld pipe fittings which were
notification of the return/destruction of 1992, the Department issued the Order completed in Malaysia using finished or
APO materials, or conversion to judicial on imports of butt-weld pipe fittings unfinished butt-weld pipe fittings
protective order, is hereby requested. from the PRC.1 Additionally, on March sourced from the PRC are covered by the
Failure to comply with the regulations 31, 1994, the Department issued the scope of the Order, pursuant to 19 CFR
and the terms of an APO is a affirmative final determination finding 351.225(k).6
sanctionable violation. that imports into the United States of On May 26, 2017, we received
Disclosure pipe fittings that were finished in comments objecting to the allegations
Thailand from unfinished pipe fittings made by the petitioners from Pantech
We will disclose the calculations Steel Industries SDN Ph.D. (Pantech).7
performed for these amended final produced in the PRC constituted
circumvention of the Order within the Also, on June 14, 2017, we received
results to interested parties within five comments objecting to the allegations
business days of the date of the meaning of section 781(b) of the Tariff
Act of 1930, as amended (the Act).2 The made by the petitioners from Solidbend
publication of this notice in accordance Fittings & Flanges Sdn. Bhd.
with 19 CFR 351.224(b). Department applied this finding of
circumvention to all imports of butt- (Solidbend).8 On June 22, 2017, we
We are issuing and publishing these received rebuttal comments from the
results in accordance with sections weld pipe fittings from Thailand,
regardless of manufacturer/producer, petitioners regarding Solidbend’s
751(h) and 777(i)(1) of the Act, and 19 comments.9 Additionally, on July 21,
CFR 351.224(e). unless accompanied by a certification
stating that such pipe fittings have not 2017, we received comments objecting
Dated: August 21, 2017. been produced from unfinished PRC to the allegations made by the
Gary Taverman, pipe fittings.3 petitioners from Arah Dagang Sdn Bhd
Deputy Assistant Secretary for Antidumping On May 22, 2017, the petitioners, (Arah Dagang).10
and Countervailing Duty Operations, pursuant to section 781(b) of the Act On August 8, 2017, we requested a list
performing the non-exclusive functions and and 19 CFR 351.225(h), submitted a of all known producers and exporters of
duties of the Assistant Secretary for properly filed request for the butt-weld pipe fittings in Malaysia from
Enforcement and Compliance. the petitioners, and on August 10, 2017,
Department to initiate an anti-
[FR Doc. 2017–18045 Filed 8–24–17; 8:45 am]
circumvention inquiry to determine the petitioners submitted their
BILLING CODE 3510–DS–P whether certain imports of butt-weld response.11 Additionally, on August 14,
pipe fittings which were completed in
5 See the petitioners’ Request at 26–30.
Malaysia using finished or unfinished
DEPARTMENT OF COMMERCE butt-weld pipe fittings sourced from the
6 Id., at 28–9.
7 See Letter from Pantech to the Secretary of
International Trade Administration PRC are circumventing the Order.4 Commerce, ‘‘Carbon Steel Butt-Weld Pipe Fittings
Specifically, the petitioners allege that from the People’s Republic of China: Response to
[A–570–814] certain imports of butt-weld pipe Request for Anti-Circumvention Inquiry,’’ dated
May 26, 2017).
fittings sourced from unfinished or
Carbon Steel Butt-Weld Pipe Fittings finished butt-weld pipe fittings from the
8 See Letter from Solidbend, ‘‘Carbon Steel Butt-
From the People’s Republic of China: Weld Pipe Fittings from the People’s Republic of
PRC have undergone minor finishing China Anti-Circumvention Inquiry (Third-Country
Initiation of Anti-Circumvention Inquiry processes, or were simply marked with Assembly Malaysia),’’ dated June 14, 2017.
on the Antidumping Duty Order ‘‘Malaysia’’ as the country of origin, in 9 See Letter from the petitioners to the Secretary
of Commerce, ‘‘Carbon Steel Butt-Weld Pipe
AGENCY: Enforcement and Compliance, Malaysia, before export to the United Fittings from the People’s Republic of China; Anti-
International Trade Administration, Circumvention Inquiry (Third Country Assembly,
1 See Antidumping Duty Order and Amendment
Department of Commerce. Malaysia); Petitioners’ Response to Objections of
SUMMARY: In response to requests from to the Final Determination of Sales at Less Than Solidbend Fittings & Flanges,’’ dated June 22, 2017
Fair Value; Certain Carbon Steel Butt-Weld Pipe (the petitioners’’ Objection Comments).
Tube Forgings of America, Inc. (TFA), Fittings from the People’s Republic of China, 57 FR 10 See Letter from Arah Dagang to the Secretary
Mills Iron Works, Inc. (Mills), and 29702 (July 6, 1992) (Order). of Commerce, ‘‘Carbon Steel Butt-Weld Pipe
Hackney Ladish, Inc. (Hackney), 2 See Certain Carbon Steel Butt-Weld Pipe Fittings
Fittings from China: Response to Request for Anti-
(collectively, the petitioners), the U.S. from the People’s Republic of China; Affirmative Circumvention Inquiry,’’ dated July 21, 2017.
Final Determination of Circumvention of 11 See Letter from Paul Walker, Program Manager,
Department of Commerce (the
sradovich on DSK3GMQ082PROD with NOTICES
Antidumping Duty Order, 59 FR 15155 (March 31, to Tube Forgings of America, Mills Iron Works, Inc.,
Department) is initiating an anti- 1994) (Final Determination of Circumvention 1994). and Hackney Ladish, Inc, ‘‘Request for Producers
circumvention inquiry. In this inquiry, 3 Id., at 15158, 15159.
and Exporters from Malaysia: Carbon Steel Butt-
the Department will determine whether 4 See Letter from the petitioners to the Secretary Weld Pipe Fittings from the People’s Republic of
certain imports of carbon steel butt-weld of Commerce, ‘‘Carbon Steel Butt-Weld Pipe China,’’ dated August 8, 2017; and Letter from the
Fittings from the People’s Republic of China; petitioners to Secretary of Commerce, ‘‘Carbon Steel
pipe fittings (butt-weld pipe fittings) Request for Circumvention Ruling to Section 781(b) Butt-Weld Pipe Fittings from The People’s Republic
into the United States, exported from of the Tariff Act of 1930,’’ dated May 22, 2017 (the of China; A–570–814; Anticircumvention Inquiry
Malaysia, which were completed in petitioners’ Request). (Third Country Assembly, Malaysia); Petitioners’
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Document Created: 2018-10-24 12:41:02
Document Modified: 2018-10-24 12:41:02
| 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 | Applicable August 25, 2017. | |
| 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 and 202-482-1396, respectively. | |
| FR Citation | 82 FR 40554 |
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