82 FR 8825 - Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Rescission of 2014-2016 Countervailing Duty New Shipper Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 19 (January 31, 2017)
International Trade Administration
Federal Register Volume 82, Issue 19 (January 31, 2017)
| Page Range | 8825-8826 | |
| FR Document | 2017-01997 |
[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)] [Notices] [Pages 8825-8826] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01997] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-017] Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Rescission of 2014-2016 Countervailing Duty New Shipper Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (the Department) is conducting a new shipper review (NSR) of the countervailing duty (CVD) order on passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (the PRC). The NSR covers one exporter/ producer of subject merchandise, Shandong Xinghongyuan Tire Co., Ltd. (SXT). The period of review (POR) is December 1, 2014, through January 31, 2016. The Department preliminarily determines that SXT did not satisfy the regulatory requirements to request an NSR, and, therefore, we are preliminarily rescinding this NSR. Interested parties are invited to comment on the preliminary results of this review. DATES: Effective January 31, 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 June 6, 2016, the Department published notice of initiation of an NSR of passenger tires from the PRC for the period December 1, 2014, through January 31, 2016.\1\ On October 27, 2016, the Department extended the deadline for the preliminary results to January 23, 2017.\2\ --------------------------------------------------------------------------- \1\ See Passenger Vehicle and Light Truck Tires from the People's Republic of China: Initiation of Countervailing Duty New Shipper Review; 2014-2016, 81 FR 36262 (June 6, 2016). \2\ See Department Memorandum, ``Passenger Vehicle and Light Truck Tires from the People's Republic of China: Extension of Deadline for Preliminary Results in Countervailing Duty New Shipper Review,'' October 27, 2016. --------------------------------------------------------------------------- Scope of the Order The product covered by this order is passenger tires from the PRC. For a complete description of the scope, see the Appendix to this notice. On June 3, 2016, American Omni Trading Company, LLC (American Omni) and Unicorn Tire Corporation (Unicorn Tire) requested clarification of a prior ruling regarding the scope of the order.\3\ The Department issued a preliminary clarification on October 20, 2016,\4\ and subsequently received comments in support of the clarification from American Omni and Unicorn Tire.\5\ Accordingly, the Department finalized the clarification, with no modifications, on November 29, 2016.\6\ --------------------------------------------------------------------------- \3\ See Department Memorandum, ``Countervailing Duty New Shipper Review of Passenger Vehicle and Light Truck Tires from the People's Republic of China: Placing Scope Ruling Request on the Record,'' August 2, 2016, at Attachment. \4\ See Department Memorandum, ``Antidumping Duty New Shipper Review of Passenger Vehicle and Light Truck Tires from the People's Republic of China: Preliminary Clarification of Scope Ruling,'' October 20, 2016. \5\ See Letter from American Omni and Unicorn Tire, ``Passenger Vehicle and Light Truck Tires from the People's Republic of China: Comments on Preliminary Clarification of Scope Ruling,'' October 27, 2016. \6\ See Department Memorandum, ``Antidumping Duty New Shipper Review of Passenger Vehicle and Light Truck Tires from the People's Republic of China: Final Clarification of Scope Ruling,'' November 29, 2016. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214. For a full description of the [[Page 8826]] methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is hereby adopted by this notice.\7\ The Preliminary Decision Memorandum is a public document that 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 in the Central Records Unit, Room B8024, of the Department's main building. A complete version of the Preliminary Decision Memorandum can also be accessed at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \7\ See Department Memorandum, ``Passenger Vehicle and Light Truck Tires from the People's Republic of China: Preliminary Rescission of Countervailing Duty New Shipper Review,'' January 23, 2017 (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Preliminary Rescission of the Countervailing Duty New Shipper Review The Department preliminarily finds that, based on substantial evidence on the record, SXT has not satisfied the statutory and regulatory requirements to request an NSR. Specifically, the Department finds that SXT's request for an NSR was based on the inaccurately certified statement that SXT is not affiliated with any PRC exporter or producer that exported subject merchandise to the United States during the period of time examined in the original CVD investigation (i.e., January 1, 2013, through December 31, 2013).\8\ Further analysis of SXT's corporate affiliations and the factual information underlying this preliminary rescission is provided in the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \8\ See Countervailing Duty Investigation of Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 80 FR 34888, 34888 (June 18, 2015); 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''). --------------------------------------------------------------------------- Public Comment Interested parties may submit case briefs or other written comments no later than 30 days after the publication of these preliminary results in the Federal Register.\9\ Rebuttal briefs, limited to issues raised in the case briefs, may be submitted no later than five days after the deadline for case briefs.\10\ --------------------------------------------------------------------------- \9\ See 19 CFR 351.309(c)(1)(i). \10\ See 19 CFR 351.309(d)(1). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must submit a written request within 30 days of the publication of these preliminary results in the Federal Register.\11\ Such requests should contain the party's name, address, and telephone number, as well as the number of participants and a list of the issues to be discussed. Oral arguments will be limited to issues raised in the case and rebuttal briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a date, time, and location to be determined. Parties will be notified of the date, time, and location of any hearing. --------------------------------------------------------------------------- \11\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Parties must file their case briefs and rebuttal briefs, as well as any requests for a hearing, electronically, using ACCESS. Electronically filed documents must be successfully received in their entirety via ACCESS no later than 5:00 p.m. Eastern Time on the abovementioned deadlines.\12\ --------------------------------------------------------------------------- \12\ See 19 CFR 351.303(b)(1). --------------------------------------------------------------------------- The Department intends to issue the final results of this NSR, which will include an analysis of any issues raised in briefs, no more than 90 days after the release of these preliminary results, pursuant to section 751(a)(2)(B) of the Act. Assessment Rates If the Department proceeds to a final rescission of SXT's NSR, the assessment rate to which SXT's shipments will be subject will not be affected by this review. The Department, however, initiated an administrative review of the CVD order on passenger tires from the PRC covering numerous exporters for the period of December 1, 2014, through December 31, 2015, which encompasses the period covered by this NSR.\13\ Therefore, if the Department proceeds to a final rescission, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend subject merchandise exported by SXT and entered into the United States during the period December 1, 2014, through January 31, 2016, until CBP receives instructions relating to the abovementioned administrative review of this order. --------------------------------------------------------------------------- \13\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 71061, 71065 (October 14, 2016) (Administrative Review Initiation Notice). --------------------------------------------------------------------------- If the Department does not proceed to a final rescission of this NSR, pursuant to 19 CFR 351.212(b)(1), we will calculate an importer- specific assessment rate based on the final results of this review. Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this NSR, the Department will instruct CBP to collect cash deposits for entries of SXT's subject merchandise. If the Department proceeds to a final rescission of this NSR, the cash deposit rate for SXT will continue to be the all-others rate because the Department will not have determined an individual subsidy rate for SXT. If the Department issues final results for this NSR, the Department will instruct CBP to collect cash deposits, effective upon publication of the final results, at the rates established therein. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of countervailing 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 countervailing duties occurred and the subsequent assessment of double countervailing duties. We are issuing and publishing these preliminary results in accordance with sections 751(a)(2)(B) and 771(i)(1) of the Act. Dated: January 23, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-01997 Filed 1-30-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Notices 8825
p.m. Eastern Time on the margin for SXT. If the Department FOR FURTHER INFORMATION CONTACT:
abovementioned deadlines.12 issues final results for this NSR, the Kaitlin Wojnar, AD/CVD Operations,
The Department intends to issue the Department will instruct CBP to collect Office VII, Enforcement and
final results of this NSR, which will cash deposits, effective upon Compliance, International Trade
include an analysis of any issues raised publication of the final results, at the Administration, U.S. Department of
in briefs, no more than 90 days after the rates established therein. Commerce, 1401 Constitution Avenue
release of these preliminary results, NW., Washington, DC 20230; telephone:
pursuant to section 751(a)(2)(B) of the Notification to Importers (202) 482–3857.
Act. This notice serves as a preliminary SUPPLEMENTARY INFORMATION:
Assessment Rates reminder to importers of their
responsibility under 19 CFR Background
If the Department proceeds to a final 351.402(f)(2) to file a certificate On June 6, 2016, the Department
rescission of SXT’s NSR, the assessment regarding the reimbursement of published notice of initiation of an NSR
rate to which SXT’s shipments will be antidumping duties prior to liquidation of passenger tires from the PRC for the
subject will not be affected by this of the relevant entries during this POR. period December 1, 2014, through
review. The Department, however, Failure to comply with this requirement January 31, 2016.1 On October 27, 2016,
initiated an administrative review of the could result in the Department’s the Department extended the deadline
AD order on passenger tires from the presumption that reimbursement of for the preliminary results to January 23,
PRC covering numerous exporters for antidumping duties occurred and the 2017.2
the period of January 27, 2015, through subsequent assessment of double
July 31, 2016, which encompasses the Scope of the Order
antidumping duties.
period covered by this NSR.13 We are issuing and publishing these The product covered by this order is
Therefore, if the Department proceeds to preliminary results in accordance with passenger tires from the PRC. For a
a final rescission, we will instruct U.S. sections 751(a)(2)(B) and 771(i)(1) of the complete description of the scope, see
Customs and Border Protection (CBP) to Act. the Appendix to this notice.
continue to suspend subject On June 3, 2016, American Omni
merchandise exported by SXT and Dated: January 23, 2017. Trading Company, LLC (American
entered into the United States during Ronald K. Lorentzen, Omni) and Unicorn Tire Corporation
the period August 1, 2015, through Acting Assistant Secretary for Enforcement (Unicorn Tire) requested clarification of
January 31, 2016, until CBP receives and Compliance. a prior ruling regarding the scope of the
instructions relating to the [FR Doc. 2017–01996 Filed 1–30–17; 8:45 am] order.3 The Department issued a
abovementioned administrative review BILLING CODE 3510–DS–P preliminary clarification on October 20,
of this order. 2016,4 and subsequently received
If the Department does not proceed to comments in support of the clarification
a final rescission of this NSR, pursuant DEPARTMENT OF COMMERCE from American Omni and Unicorn
to 19 CFR 351.212(b)(1), we will Tire.5 Accordingly, the Department
calculate an importer-specific International Trade Administration finalized the clarification, with no
assessment rate based on the final modifications, on November 29, 2016.6
results of this review. In accordance [C–570–017]
with the Department’s assessment Methodology
practice in non-market economy Passenger Vehicle and Light Truck The Department is conducting this
proceedings, however, the Department Tires From the People’s Republic of review in accordance with section
will instruct CBP to liquidate entries China: Preliminary Rescission of 2014– 751(a)(2)(B) of the Act and 19 CFR
that were not reported in SXT’s U.S. 2016 Countervailing Duty New Shipper 351.214. For a full description of the
sales database at the PRC-wide rate. Review
1 See Passenger Vehicle and Light Truck Tires
Cash Deposit Requirements AGENCY: Enforcement and Compliance, from the People’s Republic of China: Initiation of
Effective upon publication of the final International Trade Administration, Countervailing Duty New Shipper Review; 2014–
rescission or the final results of this Department of Commerce. 2016, 81 FR 36262 (June 6, 2016).
2 See Department Memorandum, ‘‘Passenger
NSR, the Department will instruct CBP SUMMARY: The U.S. Department of
Vehicle and Light Truck Tires from the People’s
to discontinue the option of posting Commerce (the Department) is Republic of China: Extension of Deadline for
bond or security in lieu of a cash conducting a new shipper review (NSR) Preliminary Results in Countervailing Duty New
of the countervailing duty (CVD) order Shipper Review,’’ October 27, 2016.
deposit for entries of SXT’s subject 3 See Department Memorandum, ‘‘Countervailing
merchandise. If the Department on passenger vehicle and light truck
Duty New Shipper Review of Passenger Vehicle and
proceeds to a final rescission of this tires (passenger tires) from the People’s Light Truck Tires from the People’s Republic of
NSR, the cash deposit rate for SXT will Republic of China (the PRC). The NSR China: Placing Scope Ruling Request on the
continue to be the PRC-wide rate covers one exporter/producer of subject Record,’’ August 2, 2016, at Attachment.
4 See Department Memorandum, ‘‘Antidumping
because the Department will not have merchandise, Shandong Xinghongyuan
Duty New Shipper Review of Passenger Vehicle and
determined an individual dumping Tire Co., Ltd. (SXT). The period of Light Truck Tires from the People’s Republic of
review (POR) is December 1, 2014, China: Preliminary Clarification of Scope Ruling,’’
12 See 19 CFR 351.303(b)(1). through January 31, 2016. The October 20, 2016.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
13 See Initiation of Antidumping and Department preliminarily determines 5 See Letter from American Omni and Unicorn
Countervailing Duty Administrative Reviews, 81 FR that SXT did not satisfy the regulatory Tire, ‘‘Passenger Vehicle and Light Truck Tires from
71061, 71065 (October 14, 2016) (Administrative the People’s Republic of China: Comments on
Review Initiation Notice). Although SXT is not
requirements to request an NSR, and, Preliminary Clarification of Scope Ruling,’’ October
listed in the Administrative Review Initiation therefore, we are preliminarily 27, 2016.
Notice, the company subsequently applied for a rescinding this NSR. Interested parties 6 See Department Memorandum, ‘‘Antidumping
separate rate. See Letter from SXT, ‘‘Administrative are invited to comment on the Duty New Shipper Review of Passenger Vehicle and
Review of Antidumping Duty Order on Passenger Light Truck Tires from the People’s Republic of
Vehicle and Light Truck Tires from China;
preliminary results of this review. China: Final Clarification of Scope Ruling,’’
Application for Separate Rate,’’ November 14, 2016. DATES: Effective January 31, 2017. November 29, 2016.
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![8826 Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Notices
methodology underlying our Federal Register.9 Rebuttal briefs, abovementioned administrative review
conclusions, see the Preliminary limited to issues raised in the case of this order.
Decision Memorandum, which is hereby briefs, may be submitted no later than If the Department does not proceed to
adopted by this notice.7 The five days after the deadline for case a final rescission of this NSR, pursuant
Preliminary Decision Memorandum is a briefs.10 to 19 CFR 351.212(b)(1), we will
public document that is available Interested parties who wish to request calculate an importer-specific
electronically via Enforcement and a hearing must submit a written request assessment rate based on the final
Compliance’s Antidumping and within 30 days of the publication of results of this review.
Countervailing Duty Centralized these preliminary results in the Federal
Register.11 Such requests should Cash Deposit Requirements
Electronic Service System (ACCESS).
ACCESS is available to registered users contain the party’s name, address, and Effective upon publication of the final
at http://access.trade.gov and in the telephone number, as well as the rescission or the final results of this
Central Records Unit, Room B8024, of number of participants and a list of the NSR, the Department will instruct CBP
the Department’s main building. A issues to be discussed. Oral arguments to collect cash deposits for entries of
complete version of the Preliminary will be limited to issues raised in the SXT’s subject merchandise. If the
Decision Memorandum can also be case and rebuttal briefs. If a request for Department proceeds to a final
accessed at http:// a hearing is made, the Department rescission of this NSR, the cash deposit
enforcement.trade.gov/frn/. The signed intends to hold the hearing at the U.S. rate for SXT will continue to be the all-
Preliminary Decision Memorandum and Department of Commerce, 1401 others rate because the Department will
the electronic version of the Preliminary Constitution Avenue NW., Washington, not have determined an individual
Decision Memorandum are identical in DC 20230, at a date, time, and location subsidy rate for SXT. If the Department
content. to be determined. Parties will be issues final results for this NSR, the
notified of the date, time, and location Department will instruct CBP to collect
Preliminary Rescission of the of any hearing. cash deposits, effective upon
Countervailing Duty New Shipper Parties must file their case briefs and publication of the final results, at the
Review rebuttal briefs, as well as any requests rates established therein.
The Department preliminarily finds for a hearing, electronically, using
ACCESS. Electronically filed documents Notification to Importers
that, based on substantial evidence on
the record, SXT has not satisfied the must be successfully received in their This notice serves as a preliminary
statutory and regulatory requirements to entirety via ACCESS no later than 5:00 reminder to importers of their
request an NSR. Specifically, the p.m. Eastern Time on the responsibility under 19 CFR
Department finds that SXT’s request for abovementioned deadlines.12 351.402(f)(2) to file a certificate
an NSR was based on the inaccurately The Department intends to issue the regarding the reimbursement of
certified statement that SXT is not final results of this NSR, which will countervailing duties prior to
affiliated with any PRC exporter or include an analysis of any issues raised liquidation of the relevant entries
producer that exported subject in briefs, no more than 90 days after the during this POR. Failure to comply with
merchandise to the United States during release of these preliminary results, this requirement could result in the
the period of time examined in the pursuant to section 751(a)(2)(B) of the Department’s presumption that
original CVD investigation (i.e., January Act. reimbursement of countervailing duties
1, 2013, through December 31, 2013).8 Assessment Rates occurred and the subsequent assessment
Further analysis of SXT’s corporate of double countervailing duties.
If the Department proceeds to a final We are issuing and publishing these
affiliations and the factual information rescission of SXT’s NSR, the assessment
underlying this preliminary rescission is preliminary results in accordance with
rate to which SXT’s shipments will be sections 751(a)(2)(B) and 771(i)(1) of the
provided in the Preliminary Decision subject will not be affected by this
Memorandum. Act.
review. The Department, however,
initiated an administrative review of the Dated: January 23, 2017.
Public Comment
CVD order on passenger tires from the Ronald K. Lorentzen,
Interested parties may submit case PRC covering numerous exporters for Acting Assistant Secretary for Enforcement
briefs or other written comments no the period of December 1, 2014, through and Compliance.
later than 30 days after the publication December 31, 2015, which encompasses [FR Doc. 2017–01997 Filed 1–30–17; 8:45 am]
of these preliminary results in the the period covered by this NSR.13 BILLING CODE 3510–DS–P
Therefore, if the Department proceeds to
7 See Department Memorandum, ‘‘Passenger
Vehicle and Light Truck Tires from the People’s
a final rescission, we will instruct U.S.
Republic of China: Preliminary Rescission of Customs and Border Protection (CBP) to DEPARTMENT OF DEFENSE
Countervailing Duty New Shipper Review,’’ January continue to suspend subject
23, 2017 (Preliminary Decision Memorandum). merchandise exported by SXT and Department of the Army
8 See Countervailing Duty Investigation of Certain
entered into the United States during
Passenger Vehicle and Light Truck Tires from the
the period December 1, 2014, through Update to the 24 October 2016 Military
People’s Republic of China: Final Affirmative Freight Traffic Unified Rules
Determination, and Final Affirmative Critical January 31, 2016, until CBP receives
instructions relating to the Publication (MFTURP) No. 1—New
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Circumstances Determination, in Part, 80 FR 34888,
34888 (June 18, 2015); see also Letter from SXT, Carrier Performance Standard
‘‘Certain Passenger Vehicle and Light Truck Tires 9 See 19 CFR 351.309(c)(1)(i). AGENCY: Department of the Army, DOD.
from the People’s Republic of China: New Shipper 10 See 19 CFR 351.309(d)(1).
Review Request,’’ February 25, 2016, at Exhibit 2
11 See 19 CFR 351.310(c).
ACTION: Notice.
(certifying that ‘‘since the investigation was
initiated, {SXT} has never been affiliated with any 12 See 19 CFR 351.303(b)(1).
SUMMARY: The Military Surface
exporter or producer who exported the subject 13 See Initiation of Antidumping and
merchandise to the United States during the period Countervailing Duty Administrative Reviews, 81 FR
Deployment and Distribution Command
of investigation including those not individually 71061, 71065 (October 14, 2016) (Administrative (SDDC) is providing notice that it’s
examined during the investigation’’). Review Initiation Notice). implementing a new carrier
VerDate Sep<11>2014 18:22 Jan 30, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1](https://thefederalregister.org/doc/82_FR_8844/page/2.svg)
Document Created: 2017-01-31 00:20:09
Document Modified: 2017-01-31 00:20:09
| 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 31, 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 8825 |
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