83_FR_11734 83 FR 11682 - Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review; 2016-2017

83 FR 11682 - Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range11682-11683
FR Document2018-05374

On November 13, 2017, the Department of Commerce (Commerce) initiated an administrative review of the antidumping duty order on certain new pneumatic off-the-road tires (OTR Tires) from the People's Republic of China (China) for three companies. Based on timely withdrawal of requests for review, we are now rescinding this administrative review with respect to two of these companies: Maxon Int'l Co., Limited (Maxon); and Tianjin Leviathan International Trade Co., Ltd. (Leviathan).

Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018) 
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11682-11683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05374]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-912]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Notice of Partial Rescission of the Antidumping Duty 
Administrative Review; 2016-2017

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

SUMMARY: On November 13, 2017, the Department of Commerce (Commerce) 
initiated an administrative review of the antidumping duty order on 
certain new pneumatic off-the-road tires (OTR Tires) from the People's 
Republic of China (China) for three companies. Based on timely 
withdrawal of requests for review, we are now rescinding this 
administrative review with respect to two of these companies: Maxon 
Int'l Co., Limited (Maxon); and Tianjin Leviathan International Trade 
Co., Ltd. (Leviathan).

DATES: Applicable March 16, 2018.

FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-7814.

SUPPLEMENTARY INFORMATION: 

Background

    On September 1, 2017, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on OTR 
Tires from China.\1\ In September and October of 2017, Commerce 
received timely requests to conduct an administrative review of the 
antidumping duty order on OTR Tires from China.\2\ Based on these 
requests, on November 13, 2017, in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act), Commerce published in the 
Federal Register a notice of initiation of an administrative review 
covering the period September 1, 2016, through August 31, 2017, with 
respect to three companies: Zhongwei, Maxon, and Leviathan.\3\ On 
January 12, 2018, and January 19, 2018, respectively, Leviathan \4\ and 
Maxon \5\ timely withdrew their requests for an administrative review.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 82 FR 41595 (September 1, 2017).
    \2\ See Maxon's letter, ``Certain New Pneumatic Off-the-Road 
Tires from the People's Republic of China Request for Administrative 
Review,'' dated September 25, 2017; Leviathan's letter, ``New 
Pneumatic Off-the-Road Tires from the PRC: Request for Antidumping 
Administrative Review,'' dated September 26, 2017; Zhongwei Rubber 
Co, Ltd.'s (Zhongwei), ``New Pneumatic Off-the-Road Tires from the 
People s Republic of China: Request for Administrative Review,'' 
dated October 2, 2017; and a letter from Super Grip Corporation, a 
U.S. importer of Zhongwei's subject merchandise, ``New Pneumatic 
Off-The-Road Tires People s Republic of China Request for 
Administrative Review,'' dated October 2, 2017, in which it 
requested an administrative review of Zhongwei.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 52272 (November 13, 2017).
    \4\ See Letter from Leviathan, ``New Pneumatic Off-the-Road 
Tires from the PRC: Withdrawal of Request for Review for Tianjin 
Leviathan International Trade Co., Ltd.'' dated January 12, 2018.
    \5\ See Letter from Maxon, ``Certain New Pneumatic Off-The-Road 
Tires from the People's Republic of China: Withdrawal of Request for 
Administrative Review'' dated January 19, 2018.
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Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. 
Leviathan and Maxon timely withdrew their respective requests for an 
administrative review; no other party requested a review of

[[Page 11683]]

these companies. Accordingly, we are rescinding this review, in part, 
with respect to these companies, pursuant to 19 CFR 351.213(d)(1).

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries. For Leviathan and 
Maxon, the companies for which this review is rescinded, antidumping 
duties shall be assessed at rates equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). Commerce intends to issue appropriate assessment 
instructions to CBP 15 days after publication of this notice.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an 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 notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: March 12, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-05374 Filed 3-15-18; 8:45 am]
 BILLING CODE 3510-DS-P

11682 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices further notice. The all-others rate Dated: March 12, 2018. International Trade Administration, applies to all producers or exporters not Gary Taverman, U.S. Department of Commerce, 1401 specifically listed, as appropriate. Deputy Assistant Secretary for Antidumping Constitution Avenue NW, Washington, and Countervailing Duty Operations, DC 20230; telephone: (202) 482–7814. Subsidy performing the non-exclusive functions and SUPPLEMENTARY INFORMATION: Exporter/producer from rate duties of the Assistant Secretary for China (percent) Enforcement and Compliance. Background Jiangyin Hailun Chemical Appendix On September 1, 2017, Commerce Fiber Co. Ltd ..................... 37.75 published a notice of opportunity to Scope of the Orders request an administrative review of the Jiangyin Huahong Chemical Fiber Co. Ltd ..................... 47.57 The merchandise covered by these orders antidumping duty order on OTR Tires All-Others .............................. 42.66 is fine denier polyester staple fiber (fine from China.1 In September and October denier PSF), not carded or combed, of 2017, Commerce received timely measuring less than 3.3 decitex (3 denier) in Subsidy requests to conduct an administrative Exporter/producer from diameter. The scope covers all fine denier rate PSF, whether coated or uncoated. The review of the antidumping duty order China on OTR Tires from China.2 Based on (percent) following products are excluded from the scope: these requests, on November 13, 2017, Bombay Dyeing & Mfg. Co. (1) PSF equal to or greater than 3.3 decitex in accordance with section 751(a) of the Ltd ..................................... 13.38 (more than 3 denier, inclusive) currently Tariff Act of 1930, as amended (the Act), Reliance Industries Limited .. 27.36 classifiable under Harmonized Tariff Commerce published in the Federal All-Others .............................. 24.80 Schedule of the United States (HTSUS) Register a notice of initiation of an subheadings 5503.20.0045 and 5503.20.0065. administrative review covering the Provisional Measures (2) Low-melt PSF defined as a bi- period September 1, 2016, through component polyester fiber having a polyester Section 703(d) of the Act states that fiber component that melts at a lower August 31, 2017, with respect to three instructions issued pursuant to an temperature than the other polyester fiber companies: Zhongwei, Maxon, and affirmative preliminary determination component, which is currently classifiable Leviathan.3 On January 12, 2018, and may not remain in effect for more than under HTSUS subheading 5503.20.0015. January 19, 2018, respectively, four months. In the underlying Fine denier PSF is classifiable under the Leviathan 4 and Maxon 5 timely investigations, Commerce published the HTSUS subheading 5503.20.0025. Although withdrew their requests for an the HTSUS subheadings are provided for administrative review. Preliminary Determinations on convenience and customs purposes, the November 6, 2017. As such, the four- written description of the scope of these Partial Rescission month period beginning on the date of orders is dispositive. the publication of the Preliminary Pursuant to 19 CFR 351.213(d)(1), the Determinations ended on March 5, [FR Doc. 2018–05371 Filed 3–15–18; 8:45 am] Secretary will rescind an administrative 2018. Furthermore, section 707(b) of the BILLING CODE 3510–DS–P review, in whole or in part, if a party Act states that definitive duties are to who requested the review withdraws begin on the date of publication of the the request within 90 days of the date DEPARTMENT OF COMMERCE of publication of the notice of initiation ITC’s final injury determination. of the requested review. Leviathan and Therefore, in accordance with section International Trade Administration Maxon timely withdrew their respective 703(d) of the Act and our practice, we requests for an administrative review; [A–570–912] will instruct CBP to terminate the no other party requested a review of suspension of liquidation and to Certain New Pneumatic Off-the-Road liquidate, without regard to Tires From the People’s Republic of 1 See Antidumping or Countervailing Duty Order, countervailing duties, unliquidated China: Notice of Partial Rescission of Finding, or Suspended Investigation; Opportunity entries of fine denier PSF from China the Antidumping Duty Administrative to Request Administrative Review, 82 FR 41595 and India entered, or withdrawn from (September 1, 2017). Review; 2016–2017 2 See Maxon’s letter, ‘‘Certain New Pneumatic warehouse, for consumption, after Off-the-Road Tires from the People’s Republic of March 5, 2018, the date the provisional AGENCY: Enforcement and Compliance, China Request for Administrative Review,’’ dated measures expired, until and through the International Trade Administration, September 25, 2017; Leviathan’s letter, ‘‘New day preceding the date of publication of Department of Commerce. Pneumatic Off-the-Road Tires from the PRC: Request for Antidumping Administrative Review,’’ the ITC’s final injury determination in SUMMARY: On November 13, 2017, the dated September 26, 2017; Zhongwei Rubber Co, the Federal Register. Suspension of Department of Commerce (Commerce) Ltd.’s (Zhongwei), ‘‘New Pneumatic Off-the-Road liquidation will resume on the date of initiated an administrative review of the Tires from the People s Republic of China: Request publication of the ITC’s final antidumping duty order on certain new for Administrative Review,’’ dated October 2, 2017; and a letter from Super Grip Corporation, a U.S. determination in the Federal Register. pneumatic off-the-road tires (OTR Tires) importer of Zhongwei’s subject merchandise, ‘‘New from the People’s Republic of China Pneumatic Off-The-Road Tires People s Republic of Notification to Interested Parties (China) for three companies. Based on China Request for Administrative Review,’’ dated timely withdrawal of requests for October 2, 2017, in which it requested an This notice constitutes the administrative review of Zhongwei. countervailing duty orders with respect review, we are now rescinding this 3 See Initiation of Antidumping and to fine denier PSF from China and India administrative review with respect to Countervailing Duty Administrative Reviews, 82 FR pursuant to section 706(a) of the Act. two of these companies: Maxon Int’l 52272 (November 13, 2017). daltland on DSKBBV9HB2PROD with NOTICES 4 See Letter from Leviathan, ‘‘New Pneumatic Off- Interested parties can find a list of Co., Limited (Maxon); and Tianjin the-Road Tires from the PRC: Withdrawal of countervailing duty orders at http:// Leviathan International Trade Co., Ltd. Request for Review for Tianjin Leviathan enforcement.trade.gov/stats/ (Leviathan). International Trade Co., Ltd.’’ dated January 12, iastats1.html. DATES: Applicable March 16, 2018. 2018. 5 See Letter from Maxon, ‘‘Certain New These orders are issued and published FOR FURTHER INFORMATION CONTACT: Alex Pneumatic Off-The-Road Tires from the People’s in accordance with section 706(a) of the Rosen, AD/CVD Operations, Office III, Republic of China: Withdrawal of Request for Act and 19 CFR 351.211(b). Enforcement and Compliance, Administrative Review’’ dated January 19, 2018. VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1

Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11683 these companies. Accordingly, we are DEPARTMENT OF COMMERCE December 20, 2017, Commerce extended rescinding this review, in part, with the deadline in this proceeding by 60 respect to these companies, pursuant to International Trade Administration days.4 On January 23, 2018, we tolled 19 CFR 351.213(d)(1). [A–570–909] the deadline by three days due to the shutdown of the federal government.5 Assessment Certain Steel Nails From the People’s The revised deadline for the final results Commerce will instruct U.S. Customs Republic of China: Final Results of of this review is now March 9, 2018. and Border Protection (CBP) to assess Antidumping Duty Administrative In accordance with 19 CFR 351.309, antidumping duties on all appropriate Review and Final Determination of No we invited parties to comment on our entries. For Leviathan and Maxon, the Shipments; 2015–2016 Preliminary Results. On February 15, companies for which this review is 2018, Hebei Minmetals Co., Ltd.,6 rescinded, antidumping duties shall be AGENCY: Enforcement and Compliance, Hillman Group, Inc.,7 Mid Continent assessed at rates equal to the cash International Trade Administration, Steel & Wire, Inc. (the petitioner),8 The deposit of estimated antidumping duties Department of Commerce. Stanley Works (Langfang) Fastening required at the time of entry, or SUMMARY: The Department of Commerce Systems Co., Ltd. and Stanley Black & withdrawal from warehouse, for (Commerce) determines that The Decker Inc.,9 Building Material consumption, in accordance with 19 Stanley Works (Langfang) Fastening Distributors, Inc. (BMD), and Tianjin CFR 351.212(c)(1)(i). Commerce intends Systems Co., Ltd. and Stanley Black & Jinghai County Hongli Industry & to issue appropriate assessment Decker, Inc. (collectively, Stanley), a Business Co., Ltd., Tianjin Jinchi Metal instructions to CBP 15 days after manufacturer/exporter of certain steel Products Co., Ltd., Shandong Dinglong publication of this notice. nails from the People’s Republic of Import & Export Co., Ltd., Tianjin Notification to Importers China (China), sold subject merchandise Zhonglian Metals Ware Co., Ltd., in the United States at prices below Shanghai Yueda Nails Industry Co., Ltd. This notice serves as a reminder to normal value during the period of and Shanxi Tianli Industries Co., Ltd.,10 importers of their responsibility under review (POR), August 1, 2015, through submitted timely filed case briefs, 19 CFR 351.402(f)(2) to file a certificate July 31, 2016. We are also not granting pursuant to our regulations.11 regarding the reimbursement of a separate rate to Tianjin Lianda Group Additionally, on February 21, 2018, the antidumping and/or countervailing Co., Ltd. (Tianjin Lianda). petitioner and Stanley submitted timely- duties prior to liquidation of the filed rebuttal briefs.12 On February 28, DATES: Applicable March 16, 2018. relevant entries during this review 2018, in response to Commerce’s FOR FURTHER INFORMATION CONTACT: period. Failure to comply with this instructions, Stanley re-filed it case brief requirement could result in Commerce’s Matthew Renkey or Courtney Canales, AD/CVD Operations, Office V, with untimely new factual information presumption that reimbursement of redacted, and the petitioner re-filed its antidumping and/or countervailing Enforcement and Compliance, International Trade Administration, rebuttal brief with an untimely new duties occurred and the subsequent affirmative argument redacted.13 assessment of doubled antidumping U.S. Department of Commerce, 1401 duties. Constitution Avenue NW, Washington, Certain Steel Nails from the People’s Republic of DC 20230; telephone (202) 482–2312 or China (China),’’ dated February 6, 2018 (Stanley Notification Regarding Administrative (202) 482–4997, respectively. Langfang Verification Report). Protective Order SUPPLEMENTARY INFORMATION: 4 See Memorandum to James Maeder, ‘‘Eighth This notice serves as a final reminder Antidumping Duty Administrative Review of Background Certain Steel Nails from the People’s Republic of to parties subject to an administrative China: Extension of Deadline for Final Results of protective order (APO) of their Commerce published the Preliminary Antidumping Duty Administrative Review,’’ responsibility concerning the return or Results on September 7, 2017.1 From (December 20, 2017). destruction of proprietary information November 29, 2017, through December 5 See Memorandum to The Record, from Christian Marsh, Deputy Assistant Secretary for Enforcement disclosed under an APO in accordance 1, 2017, Commerce officials verified the and Compliance performing the non-exclusive with 19 CFR 351.305, which continues questionnaire responses of Stanley in functions and duties of the Assistant Secretary for to govern business proprietary North Kingstown, Rhode Island.2 Also, Enforcement and Compliance, ‘‘Deadlines Affected from December 11 through 15, 2017, by the Shutdown of the Federal Government,’’ information in this segment of the dated January 23, 2018. proceeding. Timely written notification Commerce officials verified the 6 Hebei Minmetals Co., Ltd. (Hebei Minmetals). of the return/destruction of APO questionnaire responses of Stanley in 7 Hillman Group, Inc. (Hillman). materials or conversion to judicial Langfang, Hebei Province, China.3 On 8 Mid Continent Steel & Wire, Inc. (the protective order is hereby requested. petitioner). 1 See Certain Steel Nails from the People’s 9 The Stanley Works (Langfang) Fastening Failure to comply with the regulations Republic of China: Preliminary Results of the Systems Co., Ltd. and Stanley Black & Decker Inc. and terms of an APO is a violation Antidumping Duty Administrative Review and (Stanley). which is subject to sanction. Preliminary Determination of No Shipments; 2015– 10 Tianjin Jinghai County Hongli Industry & This notice is issued and published in 2016, 82 FR 42291 (September 7, 2017) (Preliminary Business Co., Ltd., Tianjin Jinchi Metal Products accordance with sections 751(a)(1) and Results) and accompanying Preliminary Decision Co., Ltd., Shandong Dinglong Import & Export Co., Memorandum. Ltd., Tianjin Zhonglian Metals Ware Co., Ltd., 777(i)(1) of the Act, and 19 CFR 2 See Memorandum to the file ‘‘Sales Verification Shanghai Yueda Nails Industry Co., Ltd. and Shanxi 351.213(d)(4). Report for The Stanley Works (Langfang) Fastening Tianli Industries Co., Ltd. (GDLSK Respondents). Systems Co., Ltd. (Stanley Langfang), and Stanley 11 See e.g., Letter to the Secretary, from Hebei Dated: March 12, 2018. Black & Decker, Inc. (SBD) (collectively, Stanley) in Minmetals regarding ‘‘Certain Steel Nails from the James Maeder, daltland on DSKBBV9HB2PROD with NOTICES the Antidumping Duty Administrative Review of People’s Republic of China: Case Brief,’’ dated Associate Deputy Assistant Secretary for Certain Steel Nails from the People’s Republic of February 15, 2018. Antidumping and Countervailing Duty China (China),’’ dated February 6, 2018 (Stanley 12 See e.g., Letter to the Secretary, from the Operations performing the duties of Deputy Sales Verification Report). petitioner, regarding ‘‘Certain Steel Nails from the Assistant Secretary for Antidumping and 3 See Memorandum to the file ‘‘Sales Verification People’s Republic of China: Rebuttal Brief,’’ dated Countervailing Duty Operations. Report for The Stanley Works (Langfang) Fastening February 21, 2018. Systems Co., Ltd. (Stanley Langfang), and Stanley 13 See Letter to the Secretary, from Stanley [FR Doc. 2018–05374 Filed 3–15–18; 8:45 am] Black & Decker, Inc. (SBD) (collectively, Stanley) in regarding ‘‘Certain Steel Nails from the People’s BILLING CODE 3510–DS–P the Antidumping Duty Administrative Review of Continued VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1


Document Created: 2018-03-16 01:12:26
Document Modified: 2018-03-16 01:12:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable March 16, 2018.
ContactAlex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7814.
FR Citation83 FR 11682 
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