82 FR 8605 - Countervailing Duty Investigation of Certain Hardwood Plywood Products From the People's Republic of China: Postponement of Preliminary Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 17 (January 27, 2017)
International Trade Administration
Federal Register Volume 82, Issue 17 (January 27, 2017)
| Page Range | 8605-8606 | |
| FR Document | 2017-01860 |
[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)] [Notices] [Pages 8605-8606] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01860] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-052] Countervailing Duty Investigation of Certain Hardwood Plywood Products From the People's Republic of China: Postponement of Preliminary Determination AGENCY: Enforcement and Compliance International Trade Administration, Department of Commerce. DATES: Effective January 27, 2017. FOR FURTHER INFORMATION CONTACT: Justin Neuman at (202) 482-0486, or Matthew Renkey at (202) 482-2312, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On December 8, 2016, the Department of Commerce (Department) initiated the countervailing duty investigation of certain hardwood plywood products (hardwood plywood) from the People's Republic of China (PRC).\1\ Currently, the preliminary determination is due no later than February 13, 2017.\2\ --------------------------------------------------------------------------- \1\ See Certain Hardwood Plywood Products from People's Republic of China: Initiation of Countervailing Duty Investigation, 81 FR 91131 (December 16, 2016) (Initiation). \2\ The due date actually falls on February 11, 2017, which is a Saturday. Therefore, the deadline moves to the next business day, February 13, 2017. See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR 24533 (May 10, 2008). --------------------------------------------------------------------------- Postponement of Due Date for the Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (Act), requires the Department to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which the Department initiated the investigation. However, in [[Page 8606]] accordance with 19 CFR 351.205(e), section 703(c)(1) of the Act permits the Department to postpone the preliminary determination until no later than 130 days after the date on which the Department initiated the investigation if, among other reasons, Petitioners \3\ make a timely request for a postponement, or the Department concludes that the parties concerned are cooperating and determines that the investigation is extraordinarily complicated. Under 19 CFR 351.205(e), petitioners must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reason for the request. The Department will grant the request unless it finds compelling reasons to deny the request.\4\ --------------------------------------------------------------------------- \3\ In this investigation, Petitioners are the Coalition for Fair Trade in Hardwood Plywood and its individual members: Columbia Forest Products; Commonwealth Plywood Co., Ltd.; Murphy Plywood; Roseburg Forest Products Co.; States Industries LLC; and Timber Products Company. \4\ See 19 CFR 351.205(e). --------------------------------------------------------------------------- In the instant investigation, Petitioners made a timely request, on January 17, 2017, that we postpone the preliminary CVD determination.\5\ In accordance with 19 CFR 351.205(e), Petitioner has stated the reason for requesting a postponement of the preliminary determination, and the Department finds no compelling reason to deny the request. Therefore, pursuant to section 703(c)(1)(A) of the Act, we are extending the due date for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., to April 17, 2017. Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination will continue to be 75 days after the date of the preliminary determination. --------------------------------------------------------------------------- \5\ See Petitioners' letter of January 17, 2017, requesting postponement of the preliminary determination. --------------------------------------------------------------------------- This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: January 18, 2017. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-01860 Filed 1-26-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Notices 8605
later than 45 days after our final Association Year Book, as updated annually, X. Separate Rates
determination. If the ITC determines unless the tire falls within one of the specific XI. PRC-Wide Rate
that such injury does not exist, this exclusions set out below. XII. Margin Calculations
Truck and bus tires, whether or not XIII. Discussion of the Issues
proceeding will be terminated and all
mounted on wheels or rims, are included in a. Separate Rate Eligibility Issues
securities posted will be refunded or the scope. However, if a subject tire is b. Combination Rates
canceled. If the ITC determines that imported mounted on a wheel or rim, only c. PCT Issues
such injury does exist, the Department the tire is covered by the scope. Subject d. Preliminary Cash Deposit Rates
will issue an antidumping duty order merchandise includes truck and bus tires e. Critical Circumstances
directing CBP to assess, upon further produced in the subject country whether f. Scope Issues
instruction by the Department, mounted on wheels or rims in the subject XIV. Recommendation
antidumping duties on all imports of the country or in a third country. Truck and bus
[FR Doc. 2017–01861 Filed 1–26–17; 8:45 am]
tires are covered whether or not they are
subject merchandise entered, or
accompanied by other parts, e.g., a wheel, BILLING CODE 3510–DS–P
withdrawn from warehouse, for rim, axle parts, bolts, nuts, etc. Truck and bus
consumption on or after the effective tires that enter attached to a vehicle are not
date of the suspension of liquidation. covered by the scope. DEPARTMENT OF COMMERCE
Specifically excluded from the scope of
Notification Regarding Administrative this investigation are the following types of International Trade Administration
Protective Order tires: (1) Pneumatic tires, of rubber, that are
not new, including recycled and retreaded [C–570–052]
This notice will serve as a reminder
to the parties subject to administrative tires; (2) non-pneumatic tires, such as solid
rubber tires; and (3) tires that exhibit each of Countervailing Duty Investigation of
protective order (APO) of their Certain Hardwood Plywood Products
the following physical characteristics: (a) The
responsibility concerning the designation ‘‘MH’’ is molded into the tire’s From the People’s Republic of China:
disposition of propriety information sidewall as part of the size designation; (b) Postponement of Preliminary
disclosed under APO in accordance the tire incorporates a warning, prominently Determination
with 19 CFR 351.305. Timely written molded on the sidewall, that the tire is for
notification of return or destruction of ‘‘Mobile Home Use Only;’’ and (c) the tire is AGENCY: Enforcement and Compliance
APO materials or conversion to judicial of bias construction as evidenced by the fact International Trade Administration,
protective order is hereby requested. that the construction code included in the Department of Commerce.
Failure to comply with the regulations size designation molded into the tire’s
DATES: Effective January 27, 2017.
sidewall is not the letter ‘‘R.’’
and terms of an APO is a sanctionable The subject merchandise is currently FOR FURTHER INFORMATION CONTACT:
violation. classifiable under Harmonized Tariff Justin Neuman at (202) 482–0486, or
This determination is issued and Schedule of the United States (HTSUS) Matthew Renkey at (202) 482–2312, AD/
published in accordance with sections subheadings: 4011.20.1015 and CVD Operations, Office V, Enforcement
735(d) and 777(i)(1) of the Act and 19 4011.20.5020. Tires meeting the scope and Compliance, International Trade
CFR 351.210(c). description may also enter under the
Administration, U.S. Department of
following HTSUS subheadings:
Dated: January 19, 2017. Commerce, 1401 Constitution Avenue
4011.69.0020, 4011.69.0090, 4011.70.00,
Ronald K. Lorentzen, 4011.90.80, 4011.99.4520, 4011.99.4590, NW., Washington, DC 20230.
Acting Assistant Secretary for Enforcement 4011.99.8520, 4011.99.8590, 8708.70.4530, SUPPLEMENTARY INFORMATION:
and Compliance. 8708.70.6030, 8708.70.6060, and
8716.90.5059.14 Background
Appendix I While HTSUS subheadings are provided On December 8, 2016, the Department
for convenience and for customs purposes,
Scope of the Investigation of Commerce (Department) initiated the
the written description of the subject
The scope of the investigation covers truck merchandise is dispositive. countervailing duty investigation of
and bus tires. Truck and bus tires are new certain hardwood plywood products
pneumatic tires, of rubber, with a truck or Appendix II (hardwood plywood) from the People’s
bus size designation. Truck and bus tires List of Topics Discussed in the Issues and Republic of China (PRC).1 Currently, the
covered by this investigation may be tube- Decision Memorandum preliminary determination is due no
type, tubeless, radial, or non-radial. later than February 13, 2017.2
Subject tires have, at the time of I. Summary
importation, the symbol ‘‘DOT’’ on the II. Background Postponement of Due Date for the
sidewall, certifying that the tire conforms to III. Company Abbreviations Preliminary Determination
applicable motor vehicle safety standards. IV. Other Abbreviations
Subject tires may also have one of the V. Period of Investigation Section 703(b)(1) of the Tariff Act of
following suffixes in their tire size VI. Scope Comments 1930, as amended (Act), requires the
designation, which also appear on the VII. Scope of the Investigation Department to issue the preliminary
sidewall of the tire: VIII. Critical Circumstances determination in a countervailing duty
IX. Surrogate Country investigation within 65 days after the
TR—Identifies tires for service on trucks or
buses to differentiate them from similarly date on which the Department initiated
14 On August 26, 2016, the Department included
sized passenger car and light truck tires; and
HTSUS subheadings 4011.69.0020, 4011.69.0090,
the investigation. However, in
HC—Identifies a 17.5 inch rim diameter and 8716.90.5059 to the case reference files,
code for use on low platform trailers. pursuant to requests by CBP and the petitioner. See 1 See Certain Hardwood Plywood Products from
All tires with a ‘‘TR’’ or ‘‘HC’’ suffix in Memorandum to the File entitled, ‘‘Requests from People’s Republic of China: Initiation of
jstallworth on DSK7TPTVN1PROD with NOTICES
their size designations are covered by this Customs and Border Protection and the Petitioner Countervailing Duty Investigation, 81 FR 91131
investigation regardless of their intended use. to Update the ACE Case Reference File,’’ dated (December 16, 2016) (Initiation).
In addition, all tires that lack one of the August 26, 2016. On January 19, 2017, the 2 The due date actually falls on February 11,
Department included HTSUS subheadings 2017, which is a Saturday. Therefore, the deadline
above suffix markings are included in the 4011.70.00 and 4011.90.80 to the case reference moves to the next business day, February 13, 2017.
scope, regardless of their intended use, as files, pursuant to requests by CBP. See See Notice of Clarification: Application of ‘‘Next
long as the tire is of a size that is among the Memorandum to the File entitled, ‘‘Requests from Business Day’’ Rule for Administrative
numerical size designations listed in the Customs and Border Protection to Update the ACE Determination Deadlines Pursuant to the Tariff Act
‘‘Truck-Bus’’ section of the Tire and Rim Case Reference File,’’ dated January 19, 2017. of 1930, as Amended, 70 FR 24533 (May 10, 2008).
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![8606 Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Notices
accordance with 19 CFR 351.205(e), DEPARTMENT OF COMMERCE ACCESS is available to registered users
section 703(c)(1) of the Act permits the at http://access.trade.gov, and is
Department to postpone the preliminary International Trade Administration available to all parties in the Central
determination until no later than 130 [C–570–041] Records Unit, Room B8024 of the main
days after the date on which the Department of Commerce building. In
Department initiated the investigation Truck and Bus Tires From the People’s addition, a complete version of the
if, among other reasons, Petitioners 3 Republic of China: Final Affirmative Issues and Decision Memorandum can
make a timely request for a Countervailing Duty Determination, be accessed directly at http://
postponement, or the Department Final Affirmative Critical enforcement.trade.gov/frn/. The signed
concludes that the parties concerned are Circumstances Determination, in Part Issues and Decision Memorandum and
cooperating and determines that the the electronic version are identical in
AGENCY: Enforcement and Compliance, content.
investigation is extraordinarily International Trade Administration,
complicated. Under 19 CFR 351.205(e), Department of Commerce. Scope of the Investigation
petitioners must submit a request for SUMMARY: The Department of Commerce The products covered by this
postponement 25 days or more before (the Department) determines that investigation are truck and bus tires
the scheduled date of the preliminary countervailable subsidies are being from the PRC. For a full description of
determination and must state the reason provided to producers and exporters of the scope of the investigation, see
for the request. The Department will truck and bus tires from the People’s Appendix I.
grant the request unless it finds Republic of China (PRC). For
compelling reasons to deny the request.4 information on the estimated subsidy Scope Comments
In the instant investigation, rates, see the ‘‘Final Determination’’ Since the Preliminary Determination,
Petitioners made a timely request, on section of this notice. The period of the Department has received comments
investigation is January 1, 2015, through on the scope of this investigation from
January 17, 2017, that we postpone the
December 31, 2015. the parties in this investigation. See
preliminary CVD determination.5 In
DATES: Effective January 27, 2017. Issues and Decision Memorandum for
accordance with 19 CFR 351.205(e), further details. The scope in Appendix
Petitioner has stated the reason for FOR FURTHER INFORMATION CONTACT:
Jennifer Shore or Mark Kennedy, AD/ I reflects the final scope language.
requesting a postponement of the
preliminary determination, and the CVD Operations, Office I, Enforcement Analysis of Subsidy Programs and
and Compliance, International Trade Comments Received
Department finds no compelling reason
Administration, U.S. Department of
to deny the request. Therefore, pursuant The subsidy programs under
Commerce, 1401 Constitution Avenue
to section 703(c)(1)(A) of the Act, we are investigation and the issues raised in
NW., Washington, DC 20230; telephone:
extending the due date for the (202) 482–2778 or (202) 482–7883, the case and rebuttal briefs by parties in
preliminary determination to no later respectively. this investigation are discussed in the
than 130 days after the date on which Issues and Decision Memorandum. A
this investigation was initiated, i.e., to Background list of the issues raised by parties, and
April 17, 2017. Pursuant to section The Department published the to which we responded in the Issues
705(a)(1) of the Act and 19 CFR Preliminary Determination on July 5, and Decision Memorandum, is attached
351.210(b)(1), the deadline for the final 2016.1 A summary of the events that to this notice at Appendix II.
determination will continue to be 75 occurred since the Department Use of Adverse Facts Available
days after the date of the preliminary published the Preliminary
Determination, as well as a full In making this final determination,
determination.
discussion of the issues raised by parties the Department relied, in part, on facts
This notice is issued and published available and, because the Government
for this final determination, may be
pursuant to section 703(c)(2) of the Act of China and a respondent company did
found in the Issues and Decision
and 19 CFR 351.205(f)(1). not act to the best of their abilities in
Memorandum.2 The Issues and Decision
Dated: January 18, 2017. Memorandum is a public document and responding to the Department’s requests
is on file electronically via Enforcement for information, we drew an adverse
Paul Piquado,
and Compliance’s Antidumping and inference where appropriate in selecting
Assistant Secretary for Enforcement and from among the facts otherwise
Compliance. Countervailing Duty Centralized
Electronic Service System (ACCESS). available, pursuant to section 776(a) and
[FR Doc. 2017–01860 Filed 1–26–17; 8:45 am] (b) of the Tariff Act of 1930, as
BILLING CODE 3510–DS–P 1 See Truck and Bus Tires From the People’s amended, (the Act). For further
Republic of China: Preliminary Affirmative information, see the section ‘‘Use of
Countervailing Duty Determination, Preliminary Facts Otherwise Available and Adverse
Affirmative Critical Circumstances Determination, Inferences’’ in the accompanying Issues
in Part, and Alignment of Final Determination With
Final Antidumping Determination, 81 FR 43577 and Decision Memorandum.
(July 5, 2016) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
Changes Since the Preliminary
3 In this investigation, Petitioners are the 2 See Memorandum from Gary Taverman, Determination
Coalition for Fair Trade in Hardwood Plywood and Associate Deputy Assistant Secretary for Based on our analysis of information
jstallworth on DSK7TPTVN1PROD with NOTICES
its individual members: Columbia Forest Products; Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
requested and received from the GOC
Commonwealth Plywood Co., Ltd.; Murphy
Plywood; Roseburg Forest Products Co.; States for Enforcement and Compliance, ‘‘Issues and and the company respondents since the
Industries LLC; and Timber Products Company. Decision Memorandum for the Final Determination Preliminary Determination, the results
4 See 19 CFR 351.205(e).
in the Countervailing Duty Investigation of Truck of verification, and the comments
and Bus Tires from the People’s Republic of China,’’
5 See Petitioners’ letter of January 17, 2017,
dated concurrently with this determination (Issues
received from parties, we have made
requesting postponement of the preliminary and Decision Memorandum) and hereby adopted by certain changes to the respondents’
determination. this notice. subsidy rate calculations. For discussion
VerDate Sep<11>2014 13:58 Jan 26, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\27JAN1.SGM 27JAN1](https://thefederalregister.org/doc/82_FR_8622/page/2.svg)
Document Created: 2017-01-27 00:11:17
Document Modified: 2017-01-27 00:11:17
| 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 January 27, 2017. | |
| Contact | Justin Neuman at (202) 482-0486, or Matthew Renkey at (202) 482-2312, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 8605 |
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