83 FR 19219 - Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 85 (May 2, 2018)
International Trade Administration
Federal Register Volume 83, Issue 85 (May 2, 2018)
| Page Range | 19219-19220 | |
| FR Document | 2018-09285 |
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)] [Notices] [Pages 19219-19220] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09285] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-017] Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the final results of the countervailing duty administrative review of certain passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (China) to correct ministerial errors. The period of review (POR) is December 1, 2014, through December 31, 2015. DATES: Applicable May 2, 2018. FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261. Background In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(b)(5), on March 16, 2018, Commerce published its final results of the countervailing duty administrative review of passenger tires from China.\1\ On March 15, 2018, Shandong Shuangwang Rubber Co., Ltd. (Shandong Shuangwang) submitted a request to correct a clerical error in the Final Results.\2\ On March 28, 2018, GITI Tire Global Trading Pte. Ltd./GITI Tire (USA) Ltd./GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui Radial)/GITI Tire (Fujian) Company Ltd (GITI Fujian)/GITI Tire (Hualin) Company Ltd. (GITI Hualin) (collectively, GITI) timely alleged that Commerce made four ministerial errors in the Final Results.\3\ No other parties submitted ministerial error allegations or comments on Shandong Shuangwang's or GITI's allegations. --------------------------------------------------------------------------- \1\ See Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2014-2015, 83 FR 11694 (March 16, 2018) (Final Results). \2\ See Shandong Shuangwang's Letter, ``Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China-- Request to Correct Clerical Error in Final Results of Countervailing Duty Administrative Review,'' dated March 15, 2018 (Shandong Shuangwang Ministerial Comments). \3\ See GITI's Letter, ``Passenger Vehicle and Light Truck Tires from the People's Republic of China: Ministerial Error Comments-- Giti Tire Global Trading Pte. Ltd.'' dated March 28, 2018 (GITI Ministerial Comments). --------------------------------------------------------------------------- Scope of the Order The products covered by the order are certain passenger vehicle and light truck tires from China. A full description of the scope of the order is contained in the Ministerial Errors Memorandum.\4\ --------------------------------------------------------------------------- \4\ See Memorandum ``Administrative Review of the Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Decision Memorandum for Amended Final Results,'' dated concurrently and herby adopted by this notice (Decision Memorandum) for a full description of the scope of the order. --------------------------------------------------------------------------- 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. As discussed in Commerce's Ministerial Error Memorandum, Commerce finds that the error alleged by Shandong Shuangwang and certain errors alleged by GITI constitute ministerial errors within the meaning of 19 CFR 351.224(f).\5\ --------------------------------------------------------------------------- \5\ See Decision Memorandum. --------------------------------------------------------------------------- With regard to Shandong Shuangwang, in the Final Results, the company's name, as listed in Appendix II, the list of Non-Selected Companies Under Review, contained a misspelling of ``Shandong'' as ``Shangong.'' The correct full name of the company without the misspelling is ``Shandong Shuangwang Rubber Co., Ltd.'' This notice serves to correct the incorrect exporter company name listed as a non- selected company in the Final Results. With regard to GITI, we made ministerial errors with regard to calculating the sales denominator for GITI Tire (China) Investment Co., Ltd., calculating government grants, and applying the Adverse Facts Available Rate to the Export Buyer's Credits program.\6\ --------------------------------------------------------------------------- \6\ Id. for a full discussion of these alleged errors. --------------------------------------------------------------------------- In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results to correct the ministerial errors. Specifically, we are amending the net subsidy rates for GITI, Cooper (Kunshan) Tire Co., Ltd. (Cooper), Zhongce Rubber Group Company Limited, and for the non- [[Page 19220]] selected companies.\7\ The revised net subsidies rates are provided below. --------------------------------------------------------------------------- \7\ Id. at 8. Because we relied on GITI's and Cooper's subsidy rates to calculate the rate for non-selected companies under review, we are revising the rate for non-selected companies under review in these amended final results. --------------------------------------------------------------------------- Amended Final Results As result of correcting the ministerial errors, we determine that that the countervailable subsidy rates for the producers/exporters under review to be as follows: ------------------------------------------------------------------------ Subsidy rate (percent Company ad valorem) ------------------------------------------------------------------------ GITI Tire Global Trading Pte. Ltd./GITI Tire 15.75 (USA) Ltd./GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui Radial)/GITI Tire (Fujian) Company Ltd (GITI Fujian)/GITI Tire (Hualin) Company Ltd. (GITI Hualin) (collectively, GITI)......................................... Cooper (Kunshan) Tire Co., Ltd. (Cooper)....... 15.10 Zhongce Rubber Group Company Limited........... 114.48 Non-Selected Companies Under Review............ 15.53 ------------------------------------------------------------------------ Assessment Rates Commerce intends to issue 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 entered, or withdrawn from warehouse, for consumption, on or after December 1, 2014, through December 31, 2015, at the ad valorem rates listed above. Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above for the companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after March 16, 2018, the date of publication of the Final Results. For all non-reviewed firms, we will instruct CBP 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, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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 sanctionable violation. Disclosure We intend to 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: April 25, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-09285 Filed 5-1-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19219
extension request will be considered DEPARTMENT OF COMMERCE No other parties submitted ministerial
untimely if it is filed after 10:00 a.m. on error allegations or comments on
the due date. Examples include, but are International Trade Administration Shandong Shuangwang’s or GITI’s
not limited to: (1) Case and rebuttal [C–570–017] allegations.
briefs, filed pursuant to 19 CFR 351.309; Scope of the Order
(2) factual information to value factors Countervailing Duty Order on Certain
under 19 CFR 351.408(c), or to measure Passenger Vehicle and Light Truck The products covered by the order are
the adequacy of remuneration under 19 Tires From the People’s Republic of certain passenger vehicle and light truck
CFR 351.511(a)(2), filed pursuant to 19 China: Amended Final Results of tires from China. A full description of
CFR 351.301(c)(3) and rebuttal, Countervailing Duty Administrative the scope of the order is contained in
clarification and correction filed Review; 2014–2015 the Ministerial Errors Memorandum.4
pursuant to 19 CFR 351.301(c)(3)(iv); (3) AGENCY: Enforcement and Compliance, Ministerial Errors
comments concerning the selection of a International Trade Administration,
surrogate country and surrogate values Department of Commerce. Section 751(h) of the Act and 19 CFR
and rebuttal; (4) comments concerning 351.224(f) define a ‘‘ministerial error’’ as
SUMMARY: The Department of Commerce
U.S. Customs and Border Protection an error in addition, subtraction, or
(Commerce) is amending the final
data; and (5) quantity and value other arithmetic function, clerical error
results of the countervailing duty
questionnaires. Under certain resulting from inaccurate copying,
administrative review of certain
circumstances, Commerce may elect to duplication, or the like, and any other
passenger vehicle and light truck tires
similar type of unintentional error
specify a different time limit by which (passenger tires) from the People’s
which the Secretary considers
extension requests will be considered Republic of China (China) to correct
ministerial. As discussed in Commerce’s
untimely for submissions which are due ministerial errors. The period of review
Ministerial Error Memorandum,
from multiple parties simultaneously. In (POR) is December 1, 2014, through
Commerce finds that the error alleged
such a case, Commerce will inform December 31, 2015.
by Shandong Shuangwang and certain
parties in the letter or memorandum DATES: Applicable May 2, 2018. errors alleged by GITI constitute
setting forth the deadline (including a FOR FURTHER INFORMATION CONTACT: ministerial errors within the meaning of
specified time) by which extension Andrew Huston, AD/CVD Operations, 19 CFR 351.224(f).5
requests must be filed to be considered Office VII, Enforcement and
With regard to Shandong
timely. This modification also requires Compliance, International Trade
Shuangwang, in the Final Results, the
that an extension request must be made Administration, U.S. Department of
company’s name, as listed in Appendix
in a separate, stand-alone submission, Commerce, 1401 Constitution Avenue
II, the list of Non-Selected Companies
and clarifies the circumstances under NW, Washington, DC 20230; telephone
Under Review, contained a misspelling
which Commerce will grant untimely- (202) 482–4261.
of ‘‘Shandong’’ as ‘‘Shangong.’’ The
filed requests for the extension of time Background correct full name of the company
limits. These modifications are effective without the misspelling is ‘‘Shandong
In accordance with section 751(a)(1)
for all segments initiated on or after Shuangwang Rubber Co., Ltd.’’ This
of the Tariff Act of 1930, as amended
October 21, 2013. Please review the (the Act), and 19 CFR 351.221(b)(5), on notice serves to correct the incorrect
final rule, available at http:// March 16, 2018, Commerce published exporter company name listed as a non-
www.gpo.gov/fdsys/pkg/FR-2013-09-20/ its final results of the countervailing selected company in the Final Results.
html/2013-22853.htm, prior to duty administrative review of passenger With regard to GITI, we made
submitting factual information in these tires from China.1 On March 15, 2018, ministerial errors with regard to
segments. Shandong Shuangwang Rubber Co., Ltd. calculating the sales denominator for
These initiations and this notice are (Shandong Shuangwang) submitted a GITI Tire (China) Investment Co., Ltd.,
in accordance with section 751(a) of the request to correct a clerical error in the calculating government grants, and
Act (19 U.S.C. 1675(a)) and 19 CFR Final Results.2 On March 28, 2018, GITI applying the Adverse Facts Available
351.221(c)(1)(i). Tire Global Trading Pte. Ltd./GITI Tire Rate to the Export Buyer’s Credits
(USA) Ltd./GITI Radial Tire (Anhui) program.6
Dated: April 26, 2018.
Company Ltd. (GITI Anhui Radial)/GITI In accordance with section 751(h) of
James Maeder, Tire (Fujian) Company Ltd (GITI the Act and 19 CFR 351.224(e), we are
Associate Deputy Assistant Secretary for Fujian)/GITI Tire (Hualin) Company amending the Final Results to correct
Antidumping and Countervailing Duty Ltd. (GITI Hualin) (collectively, GITI) the ministerial errors. Specifically, we
Operations performing the duties of Deputy timely alleged that Commerce made four are amending the net subsidy rates for
Assistant Secretary for Antidumping and ministerial errors in the Final Results.3 GITI, Cooper (Kunshan) Tire Co., Ltd.
Countervailing Duty Operations.
(Cooper), Zhongce Rubber Group
[FR Doc. 2018–09311 Filed 5–1–18; 8:45 am] 1 See Countervailing Duty Order on Certain
Company Limited, and for the non-
BILLING CODE 3510–DS–P Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Final Results of
Countervailing Duty Administrative Review; 2014– Trading Pte. Ltd.’’ dated March 28, 2018 (GITI
2015, 83 FR 11694 (March 16, 2018) (Final Results). Ministerial Comments).
2 See Shandong Shuangwang’s Letter, ‘‘Certain 4 See Memorandum ‘‘Administrative Review of
daltland on DSKBBV9HB2PROD with NOTICES
Passenger Vehicle and Light Truck Tires from the the Countervailing Duty Order on Certain Passenger
People’s Republic of China—Request to Correct Vehicle and Light Truck Tires from the People’s
Clerical Error in Final Results of Countervailing Republic of China: Decision Memorandum for
Duty Administrative Review,’’ dated March 15, Amended Final Results,’’ dated concurrently and
2018 (Shandong Shuangwang Ministerial herby adopted by this notice (Decision
Comments). Memorandum) for a full description of the scope of
3 See GITI’s Letter, ‘‘Passenger Vehicle and Light the order.
5 See Decision Memorandum.
Truck Tires from the People’s Republic of China:
Ministerial Error Comments—Giti Tire Global 6 Id. for a full discussion of these alleged errors.
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![19220 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices
selected companies.7 The revised net Amended Final Results countervailable subsidy rates for the
subsidies rates are provided below. producers/exporters under review to be
As result of correcting the ministerial as follows:
errors, we determine that that the
Subsidy rate
Company (percent ad valorem)
GITI Tire Global Trading Pte. Ltd./GITI Tire (USA) Ltd./GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui Radial)/
GITI Tire (Fujian) Company Ltd (GITI Fujian)/GITI Tire (Hualin) Company Ltd. (GITI Hualin) (collectively, GITI) ........ 15.75
Cooper (Kunshan) Tire Co., Ltd. (Cooper) .......................................................................................................................... 15.10
Zhongce Rubber Group Company Limited ......................................................................................................................... 114.48
Non-Selected Companies Under Review ............................................................................................................................ 15.53
Assessment Rates Disclosure Results of Review’’ section of this
Commerce intends to issue We intend to disclose the calculations notice.
assessment instructions to U.S. Customs performed for these amended final DATES: Applicable May 2, 2018.
and Border Protection (CBP) 15 days results to interested parties within five FOR FURTHER INFORMATION CONTACT:
after the date of publication of these business days of the date of the Ariela Garvett, AD/CVD Operations,
amended final results of review, to publication of this notice in accordance Office IV, Enforcement and Compliance,
liquidate shipments of subject with 19 CFR 351.224(b). International Trade Administration,
merchandise entered, or withdrawn We are issuing and publishing these U.S. Department of Commerce, 1401
from warehouse, for consumption, on or results in accordance with sections Constitution Avenue NW, Washington,
after December 1, 2014, through 751(h) and 777(i)(1) of the Act, and 19 DC 20230; telephone: (202) 482–3609.
December 31, 2015, at the ad valorem CFR 351.224(e).
rates listed above. SUPPLEMENTARY INFORMATION: On
Dated: April 25, 2018. February 15, 2013, Commerce published
Commerce also intends to instruct
CBP to collect cash deposits of Christian Marsh, the antidumping duty orders on wind
estimated countervailing duties, in the Deputy Assistant Secretary for Enforcement towers from China and Vietnam.1 On
amounts shown above for the and Compliance. January 2, 2018, Commerce published
companies listed above on shipments of [FR Doc. 2018–09285 Filed 5–1–18; 8:45 am] the initiation of the first sunset review
subject merchandise entered, or BILLING CODE 3510–DS–P of the Orders, pursuant to section 751(c)
withdrawn from warehouse, for of the Tariff Act of 1930, as amended
consumption on or after March 16, (the Act).2 On January 17, 2018,
2018, the date of publication of the DEPARTMENT OF COMMERCE Commerce received timely notices of
Final Results. For all non-reviewed intent to participate in these reviews
International Trade Administration from the Wind Tower Trade Coalition
firms, we will instruct CBP to collect
cash deposits at the most-recent [A–570–981, A–552–814]
(WTTC), a domestic interested party,
company specific or all-others rate within the deadline specified in 19 CFR
applicable to the company, as Utility Scale Wind Towers From the 351.218(d)(1)(i).3 WTTC claimed
appropriate. These cash deposit People’s Republic of China and the interested party status under section
requirements, when imposed, shall Socialist Republic of Vietnam: Final 771(9)(C) and (F) of the Act as a
remain in effect until further notice. Results of Expedited First Sunset coalition of manufacturers in the United
Reviews of Antidumping Duty Orders States of a domestic like product. On
Administrative Protective Order February 5, 2018, Commerce received
This notice also serves as a reminder AGENCY: Enforcement and Compliance, complete and adequate substantive
to parties subject to administrative International Trade Administration, responses from WTTC within 30-day
protective order (APO) of their Department of Commerce. deadline specified in 19 CFR
responsibility concerning the SUMMARY: As a result of these sunset 351.218(d)(3)(i).4 Commerce received no
destruction of proprietary information reviews, the Department of Commerce substantive responses from respondent
disclosed under APO in accordance (Commerce) finds that revocation of the interested parties. As a result, pursuant
with 19 CFR 351.305(a)(3). Timely antidumping duty orders on utility scale to section 751(c)(3)(B) of the Act and 19
written notification of the return or wind towers (wind towers) from the CFR 351.218(e)(1)(ii)(C)(2), Commerce
destruction of APO materials or People’s Republic of China (China) and conducted expedited (120-day) sunset
conversion to judicial protective order is the Socialist Republic of Vietnam reviews of the AD Orders. Commerce
hereby requested. Failure to comply (Vietnam) would be likely to lead to exercised its discretion to toll all
with the regulations and terms of an continuation or recurrence of dumping deadlines affected by the closure of the
APO is a sanctionable violation. at the level identified in the ‘‘Final Federal Government from January 20
7 Id. at 8. Because we relied on GITI’s and Than Fair Value and Antidumping Duty Order, 78
Republic of Vietnam: Notice of Intent to Participate
Cooper’s subsidy rates to calculate the rate for non-
daltland on DSKBBV9HB2PROD with NOTICES
FR 11150 (February 15, 2013) (Orders).
in Sunset Review,’’ (January 17, 2018).
selected companies under review, we are revising 2 See Initiation of Five-Year (Sunset) Reviews, 83
4 See WTTC’s Letter, ‘‘Utility Scale Wind Towers
the rate for non-selected companies under review FR 142 (January 2, 2018).
in these amended final results. from the People’s Republic of China: Substantive
3 See WTTC’s Letter, ‘‘Utility Scale Wind Towers
1 See Utility Scale Wind Towers from the People’s Response to Notice of Initiation of Sunset Review’’
from the People’s Republic of China: Notice of (February 5, 2018). See also WTTC’s Letter, ‘‘Utility
Republic of China: Antidumping Duty Order, 78 FR
Intent to Participate in Sunset Review’’ (January 17, Scale Wind Towers from the Socialist Republic of
11146 (February 15, 2013); and Utility Scale Wind
Towers from the Socialist Republic of Vietnam: 2018). See also Letter from WTTC to Commerce, Vietnam: Substantive Response to Notice of
Amended Final Determination of Sales at Less ‘‘Utility Scale Wind Towers from the Socialist Initiation of Sunset Review’’ (February 5, 2018).
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Document Created: 2018-05-02 00:49:12
Document Modified: 2018-05-02 00:49:12
| 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 May 2, 2018. | |
| Contact | Andrew Huston, 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) 482-4261. | |
| FR Citation | 83 FR 19219 |
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