83 FR 32075 - Cast Iron Soil Pipe Fittings From the People's Republic of China: Final Affirmative Countervailing Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 133 (July 11, 2018)
International Trade Administration
Federal Register Volume 83, Issue 133 (July 11, 2018)
| Page Range | 32075-32078 | |
| FR Document | 2018-14827 |
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)] [Notices] [Pages 32075-32078] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14827] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-063] Cast Iron Soil Pipe Fittings From the People's Republic of China: Final Affirmative Countervailing Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of Cast Iron Soil Pipe Fittings (soil pipe fittings) from the People's Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016. DATES: Applicable July 11, 2018. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5973 or (202) 482-0339, respectively. SUPPLEMENTARY INFORMATION: Background The mandatory respondents in this investigation are Shanxi Xuanshi Industrial Group Co., Ltd. (Shanxi Xuanshi), Shijiazhuang Chengmei Import & Export Co., Ltd. (Shijiazhuang Chengmei), and Wor-Biz International Trading Co., Ltd. (Anhui) (Wor-Biz). On December 19, 2017, Commerce published in the Federal Register the Preliminary Determination of the countervailing duty (CVD) investigation of cast iron soil pipes from China.\1\ In the Preliminary Determination, Commerce aligned the final CVD determination with the final determination in the companion antidumping duty (AD) investigation, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4). --------------------------------------------------------------------------- \1\ See Cast Iron Soil Pipe Fittings from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 82 FR 60178 (December 19, 2017) (Preliminary Determination). --------------------------------------------------------------------------- On January 23, 2018, Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. In accordance with Commerce's practice, if the new deadline falls on a non-business day, the deadline will become the next [[Page 32076]] business day. Accordingly, the deadline for the final determination of this investigation was revised to July 5, 2018.\2\ On April 19, 2018, Commerce released its Post-Preliminary Analysis.\3\ --------------------------------------------------------------------------- \2\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. \3\ See Memorandum, ``Post-Preliminary Analysis of Countervailing Duty Investigation: Cast Iron Soil Pipe Fittings from the People's Republic of China,'' dated April 19, 2018 (Post- Preliminary Analysis). --------------------------------------------------------------------------- A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination, can be found in the Issues and Decision Memorandum issued concurrently with this notice.\4\ The Issues and Decision Memorandum is a public document and is on file 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 is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \4\ See Memorandum, ``Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Cast Iron Soil Pipe Fittings from the People's Republic of China'' (Issues and Decision Memorandum), dated concurrently with, and hereby adopted by, this notice. --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are cast iron soil pipe fittings from China. For a full description of the scope of this investigation, see the ``Scope of the Investigation'' in Appendix I of this notice. For this final determination, Commerce has issued a scope memorandum addressing interested parties'' comments regarding scope issues presented in the case briefs and in subsequent scope comments.\5\ Commerce has determined to modify the scope of the investigation to include two additional subheadings of the U.S. Harmonized Tariff Schedule under which subject merchandise may enter. Commerce has also provided a clarification in the Final Scope Memorandum. For further discussion, see Commerce's Final Scope Memorandum. The scope in Appendix I reflects the final scope language. --------------------------------------------------------------------------- \5\ See Memorandum, ``Countervailing Duty and Less-Than-Fair- Value Investigations of Cast Iron Soil Pipe Fittings from the People's Republic of China: Final Scope Memorandum'' (Final Scope Memorandum), dated concurrently with, and hereby adopted by, this notice. --------------------------------------------------------------------------- Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e. , a financial contribution by an ``authority'' that confers a benefit to the recipient, and that the subsidy is specific.\6\ For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \6\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; see section 771(5)(E) of the Act regarding benefit; see section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- In making these findings, Commerce relied, in part, on facts otherwise available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce's requests for information, Commerce drew an adverse inference where appropriate in selecting from among the facts otherwise available.\7\ For further information, see ``Use of Facts Otherwise Available and Adverse Inferences'' in the Issues and Decision Memorandum. --------------------------------------------------------------------------- \7\ See sections 776(a), (b), and 782(d) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our review and analysis of the comments received from the interested parties, our findings at verification, and the minor corrections presented at verification, we made certain changes to the respondents'' subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Final Determination In accordance with section 705(c)(l)(B)(i) of the Act, we calculated rates for Shanxi Xuanshi and Wor-Biz, producers/exporters of subject merchandise selected for individual examination in this investigation. With regard to Shijiazhuang Chengmei, for the reasons described in the Preliminary Determination, Commerce assigned a rate based entirely on adverse facts available pursuant to section 776 of the Act. No interested party commented on our preliminary decision, and so for purposes of this final determination, we continue to assign Shijiazhuang Chengmei a rate based entirely on AFA. Section 705(c)(5)(A) of the Act provides that in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, we calculated individual estimated countervailable subsidy rates for Shanxi Xuanshi and Wor-Biz that are not zero, de minimis , or based entirely on facts otherwise available. As a result, we calculated the all-others rate based on a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company's publicly ranged values for the merchandise under consideration.\8\ --------------------------------------------------------------------------- \8\ See Memorandum regarding: Calculation of the All-Others Rate for the Final Determination, dated July 5, 2018. --------------------------------------------------------------------------- Commerce determines that the following estimated countervailable subsidy rates exist: ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ Shanxi Xuanshi Industrial Group Co., Ltd................ 34.87 Wor-Biz International Trading Co., Ltd. (Anhui)......... 7.37 Shijiazhuang Chengmei Import & Export Co., Ltd.......... 133.94 [[Page 32077]] All-Others.............................................. 23.28 ------------------------------------------------------------------------ Disclosure We intend to disclose the calculations performed to parties in this proceeding, for this final determination, within five days of the date of publication of our final determination, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of the Preliminary Determination in the Federal Register . In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after April 18, 2018, but to continue the suspension of liquidation of all entries from December 19, 2017, through April 17, 2018. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, will reinstate the suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Because the final determination in this proceeding is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of soil pipe fittings from China no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a CVD order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an 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/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 determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: July 5, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The merchandise covered by this investigation is cast iron soil pipe fittings, finished and unfinished, regardless of industry or proprietary specifications, and regardless of size. Cast iron soil pipe fittings are nonmalleable iron castings of various designs and sizes, including, but not limited to, bends, tees, wyes, traps, drains, and other common or special fittings, with or without side inlets. Cast iron soil pipe fittings are classified into two major types--hubless and hub and spigot. Hubless cast iron soil pipe fittings are manufactured without a hub, generally in compliance with Cast Iron Soil Pipe Institute (CISPI) specification 301 and/or American Society for Testing and Materials (ASTM) specification A888. Hub and spigot pipe fittings have hubs into which the spigot (plain end) of the pipe or fitting is inserted. Cast iron soil pipe fittings are generally distinguished from other types of nonmalleable cast iron fittings by the manner in which they are connected to cast iron soil pipe and other fittings. The subject imports are normally classified in subheading 7307.11.0045 of the Harmonized Tariff Schedule of the United States (HTSUS): Cast fittings of nonmalleable cast iron for cast iron soil pipe. They may also be entered under HTSUS 7324.29.0000 and 7307.92.3010. The HTSUS subheadings and specifications are provided for convenience and customs purposes only; the written description of the scope of this investigation is dispositive. Appendix II--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Use of Facts Otherwise Available and Adverse Inferences IV. Subsidies Valuation V. Analysis of Programs VI. Analysis of Comments Comment 1: Whether Commerce Should Use a Tier 1 Benchmark for Shanxi Xuanshi's Metallurgical Coke Benefit Calculation Comment 2: Whether Commerce Should Use a Tier 1 Benchmark for Shanxi Xuanshi's Iron Ore Benefit Calculation Comment 3: Whether Commerce Appropriately Averaged Tier 2 Iron Ore Benchmark Prices and Used the Appropriate Benchmark for Transportation Comment 4: Whether Commerce Overstated the Subsidy Rate for Policy Loans, Purchases of Electricity, Pig Iron, and Ferrous Scrap for LTAR Comment 5: Whether Commerce Improperly Applied AFA to the Calculation of the Benefits Attributable to Guangzhou Premier for the Purchase of Pig Iron and Ferrous Scrap for LTAR Comment 6: Whether Commerce Should Consider Shanxi Xuanshi's Steel Scrap as a Subsidizable Input Comment 7: Whether Commerce Erred in its Policy Loan Benefits Calculation for Shanxi Xuanshi [[Page 32078]] Comment 8: Whether Commerce Erred in Its Electricity Benefits Calculation for Shanxi Xuanshi VII. Recommendation [FR Doc. 2018-14827 Filed 7-10-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices 32075
AD order on tin mill products from The HTSUS subheadings are provided DEPARTMENT OF COMMERCE
Japan.1 On May 1, 2017, Commerce for convenience and customs purposes.
published the notice of initiation of the The written description of the scope of International Trade Administration
third sunset review of the AD order on the order remains dispositive.5 [C–570–063]
tin mill products from Japan, pursuant
to section 751(c) of the Tariff Act of Continuation of the Order Cast Iron Soil Pipe Fittings From the
1930, as amended (the Act).2 Commerce As a result of the determinations by People’s Republic of China: Final
conducted this sunset review on an Commerce and the ITC that revocation Affirmative Countervailing Duty
expedited basis, pursuant to section of the AD order would likely lead to a Determination
751(c)(3)(B) of the Act and 19 CFR
continuation or recurrence of dumping AGENCY: Enforcement and Compliance,
351.218(e)(1)(ii)(C)(2) because it
and material injury to an industry in the International Trade Administration,
received a complete, timely, and
United States, pursuant to section Department of Commerce.
adequate response from a domestic
interested party but no substantive 751(d)(2) of the Act and 19 CFR SUMMARY: The Department of Commerce
responses from respondent interested 351.218(a), Commerce hereby orders the (Commerce) determines that
parties. As a result of the review, continuation of the AD order on tin mill countervailable subsidies are being
Commerce determined, pursuant to products from Japan. provided to producers and exporters of
sections 751(c)(1) and 752(c) of the Act, U.S. Customs and Border Protection Cast Iron Soil Pipe Fittings (soil pipe
that revocation of the AD order would fittings) from the People’s Republic of
will continue to collect AD cash
likely lead to a continuation or China (China). The period of
deposits at the rates in effect at the time
recurrence of dumping.3 Commerce, investigation is January 1, 2016, through
of entry for all imports of subject
therefore, notified the ITC of the December 31, 2016.
merchandise. The effective date of the
magnitude of the dumping margins DATES: Applicable July 11, 2018.
continuation of the order will be the
likely to prevail should the AD order be date of publication in the Federal FOR FURTHER INFORMATION CONTACT:
revoked. On June 25, 2018, the ITC Register of this notice of continuation. Dennis McClure or Jinny Ahn, AD/CVD
published notice of its determination, Pursuant to section 751(c)(2) of the Act, Operations, Office VIII, Enforcement
pursuant to sections 751(c) and 752(a) of Commerce intends to initiate the next and Compliance, International Trade
the Act, that revocation of the AD order Administration, U.S. Department of
five-year sunset review of the order not
on tin mill products from Japan would Commerce, 1401 Constitution Avenue
later than 30 days prior to the fifth
likely lead to a continuation or NW, Washington, DC 20230; telephone:
anniversary of the effective date of (202) 482–5973 or (202) 482–0339,
recurrence of material injury to an
continuation. respectively.
industry in the United States within a
reasonably foreseeable time.4 This five-year sunset review and this SUPPLEMENTARY INFORMATION:
notice are in accordance with section
Scope of the Order 751(c) and 751(d)(2) of the Act and Background
The products covered by the published pursuant to section 777(i)(1) The mandatory respondents in this
antidumping duty order are tin mill flat- of the Act and 19 CFR 351.218(f)(4). investigation are Shanxi Xuanshi
rolled products that are coated or plated Dated: July 3, 2018. Industrial Group Co., Ltd. (Shanxi
with tin, chromium or chromium Gary Taverman, Xuanshi), Shijiazhuang Chengmei
oxides. Flat-rolled steel products coated Import & Export Co., Ltd. (Shijiazhuang
Deputy Assistant Secretary for Antidumping
with tin are known as tin plate. Flat- Chengmei), and Wor-Biz International
and Countervailing Duty Operations,
rolled steel products coated with Trading Co., Ltd. (Anhui) (Wor-Biz). On
performing the non-exclusive functions and
chromium or chromium oxides are duties of the Assistant Secretary for December 19, 2017, Commerce
known as tin-free steel or electrolytic Enforcement and Compliance. published in the Federal Register the
chromium-coated steel. The [FR Doc. 2018–14826 Filed 7–10–18; 8:45 am]
Preliminary Determination of the
merchandise covered by the order is countervailing duty (CVD) investigation
BILLING CODE 3510–DS–P
currently classified in the Harmonized of cast iron soil pipes from China.1 In
Tariff Schedule of the United States the Preliminary Determination,
(HTSUS), under HTSUS subheadings Commerce aligned the final CVD
7210.11.0000, 7210.12.0000, determination with the final
7210.50.0000, 7212.10.0000, and determination in the companion
7212.50.0000 if of non-alloy steel and antidumping duty (AD) investigation, in
under HTSUS subheadings accordance with section 705(a)(1) of the
7225.99.0090, and 7226.99.0180 if of Act and 19 CFR 351.210(b)(4).
alloy steel. On January 23, 2018, Commerce
5 A full description of the scope of the order is
exercised its discretion to toll all
1 See Certain Tin Mill Products from Japan: contained in the memorandum to Gary Taverman,
deadlines affected by the closure of the
Notice of Antidumping Duty Order, 65 FR 52067 Deputy Assistant Secretary for Antidumping and Federal Government from January 20
(August 28, 2000). Countervailing Duty Operations, performing the through 22, 2018. In accordance with
2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
non-exclusive functions and duties of the Assistant Commerce’s practice, if the new
82 FR 20314 (May 1, 2017).
Secretary for Enforcement and Compliance, from deadline falls on a non-business day,
daltland on DSKBBV9HB2PROD with NOTICES
3 See Certain Tin Mill Products from Japan: Final
James Maeder, Senior Director performing the the deadline will become the next
Results of the Expedited Third Sunset Review of the
duties of Deputy Assistant Secretary for
Antidumping Duty Order, 82 FR 41933 (September
5, 2017) (Final Results). Antidumping and Countervailing Duty Operations, 1 See Cast Iron Soil Pipe Fittings from the People’s
4 See Tin- and Chromium-Coated Steel Sheet ‘‘Issues and Decision Memorandum for the Republic of China: Preliminary Affirmative
from Japan: Investigation No. 701–TA–860 (Third Expedited Sunset Review of the Antidumping Duty Countervailing Duty Determination and Alignment
Review), USITC Publication 4795 (June 2018); see Order on Certain Tin Mill Products from Japan’’ of Final Determination With Final Antidumping
also Tin- and Chromium-Coated Steel Sheet from (Issues and Decision Memorandum), dated August Duty Determination, 82 FR 60178 (December 19,
Japan; Determination, 83 FR 29568 (June 25, 2018). 29, 2017. 2017) (Preliminary Determination).
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![32078 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices
Comment 8: Whether Commerce Erred in On May 2, 2018, Guizhou Tyre filed Allegations for the revised program
Its Electricity Benefits Calculation for its complaint with the U.S. Court of rates.4 These changes result in a change
Shanxi Xuanshi International Trade (CIT) challenging to the net subsidy rate for Guizhou Tyre.
VII. Recommendation
the Final Results. On June 19, 2018, the Similarly, because the subsidy rate for
[FR Doc. 2018–14827 Filed 7–10–18; 8:45 am] United States sought leave from the CIT the non-selected companies in Final
BILLING CODE 3510–DS–P to address the ministerial error Results 5 was based on Guizhou Tyre’s
allegation and a related issue net subsidy rate, these changes also
concerning a separate minor correction result in a change to the subsidy rate for
DEPARTMENT OF COMMERCE accepted at verification. On June 20, the non-selected companies. For a
2018, the court granted the United complete discussion of the errors at
International Trade Administration
States’ request. issue, see the Response to Ministerial
[C–570–913] Error Allegations. The revised net
Scope of the Order
subsidy rates are provided below.
Certain New Pneumatic Off-The-Road The products covered by the scope are
Tires From the People’s Republic of new pneumatic tires designed for off- Amended Final Results
China: Amended Final Results of the-road (OTR) and off-highway use. As a result of correcting the
Countervailing Duty Administrative The subject merchandise is currently ministerial errors, we determine that
Review, 2015 classifiable under Harmonized Tariff Guizhou Tyre’s, Xuzhou Xugong’s and
Schedule of the United States (HTSUS) the non-selected companies’ total net
AGENCY: Enforcement and Compliance,
subheadings: 4011.20.10.25, countervailable subsidy rates for the
International Trade Administration,
4011.20.10.35, 4011.20.50.30, period January 1, 2015, through
Department of Commerce.
4011.20.50.50, 4011.70.0010, December 31 2015, are as follows:
SUMMARY: The Department of Commerce
4011.62.00.00, 4011.80.1020,
(Commerce) is amending the final 4011.90.10, 4011.70.0050, 4011.80.1010, Subsidy rate
results of the countervailing duty Manufacturer/exporter (percent ad
4011.80.1020, 4011.80.2010,
administrative review of certain new valorem)
4011.80.2020, 4011.80.8010, and
pneumatic off-the-road tires from the
4011.80.8020. While HTSUS Guizhou Tyre Co., Ltd. and/
People’s Republic of China (China) to
subheadings are provided for or Guizhou Tyre Import
correct certain ministerial errors. The
convenience and customs purposes, our and Export Co., Ltd ........... 31.48
period of review (POR) is January 1,
written description of the scope, which Non Selected Companies 6 .. 31.48
2015, through December 31, 2015.
is contained in the Issues and Decision
DATES: Applicable July 11, 2018.
Memorandum accompanying the Final Assessment Rates/Cash Deposits
FOR FURTHER INFORMATION CONTACT: Results, is dispositive.3
Chien-Min Yang, AD/CVD Operations, Normally Commerce would issue
Office VII, Enforcement and Ministerial Errors appropriate assessment instructions to
Compliance, International Trade Section 751(h) of the Act, and 19 CFR U.S. Customs and Border Protection
Administration, U.S. Department of 351.224(f) defines a ‘‘ministerial error’’ (CBP) 15 days after the date of
Commerce, 1401 Constitution Avenue as an error ‘‘in addition, subtraction, or publication of the amended final results
NW, Washington, DC 20230; telephone: of review. However, as noted above,
other arithmetic function, clerical error
202–482–5484. Guizhou Tyre has filed its complaint
resulting from inaccurate copying,
SUPPLEMENTARY INFORMATION:
with the CIT challenging the Final
duplication, or the like, and any other
Results on May 8, 2018, and on May 8,
similar type of unintentional error
Background and June 1, 2018, the U.S. Court of
which the Secretary considers
In accordance with sections 751(a)(1) International Trade preliminarily
ministerial.’’ Commerce has now
of the Tariff Act of 1930, as amended enjoined liquidation of certain entries
determined that Guizhou Tyre’s alleged
(the Act), and 19 CFR 351.221(b)(5), on that are subject to the Final Results.7
error is a ministerial error under section
April 13, 2018, Commerce published its Accordingly, Commerce will not
751(h) of the Act and 19 CFR 351.224(f).
final results in the countervailing duty instruct CBP to assess countervailing
Specifically, we find that not duties on those enjoined entries
administrative review of certain new incorporating revised values regarding
phenumatic off-the-road tires from pending resolution of the associated
the total price paid for certain parcels of litigation.
China.1 Guizhou Tyre Co., Ltd. and its land, which were accepted as minor
affiliate, Guizhou Tyre Import and Commerce also intends to instruct
corrections and verified at verification, CBP to collect cash deposits of
Export Co., Ltd. (collectively, Guizhou in our final calculations is an
Tyre) timely filed a ministerial error estimated countervailing duties, in the
inadvertent omission within the amount shown above for the companies
allegation on April 23, 2018, claiming meaning of ‘‘ministerial error.’’ We have
Commerce had improperly failed to listed above, on shipments of subject
also determined that we made an merchandise entered, or withdrawn
include revised land values accepted at additional ministerial error by
verification as minor corrections in the from warehouse, for consumption on or
inadvertently omitting revised loan after April 13, 2017, the date of
final calculations.2 interest payment data submitted by publication of the Final Results. For all
Guizhou Tyre as a minor correction at non-reviewed firms, we will instruct
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Final Results
verification. To correct these errors, we
are amending Guizhou Tyre’s subsidy
daltland on DSKBBV9HB2PROD with NOTICES
of Countervailing Duty Administrative Review; 4 See Memorandum to the file, ‘‘Response to
2015, 83 FR 16055 (April 13, 2018) (Final Results) rate for its land-use rights program rate Ministerial Error Allegations in the Final Results,’’
and accompanying Issues and Decision and its subsidy rate for its government dated concurrently with this notice.
Memorandum (Final Results IDM). 5 See Final Results, 83 FR at 16055.
2 See Guizhou Tyre’s letter to Commerce,
policy lending program. See the 6 The appendix provides a list of the non-selected
‘‘Ministerial Error Submission of Guizhou Tyre Response to Ministerial Error companies that are assigned this rate.
Certain New Pneumatic Off-the-Road Tires from 7 The U.S. Court of International Trade issued the
China,’’ April 23, 2018 (Guizhou Tyre’s Ministerial 3 For a full description of the scope of the order, preliminary injunctions in case numbers 18–00100
Error Allegation). see Final Results IDM. and 18–00108.
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Document Created: 2018-07-10 23:54:11
Document Modified: 2018-07-10 23:54:11
| 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 July 11, 2018. | |
| Contact | Dennis McClure or Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5973 or (202) 482-0339, respectively. | |
| FR Citation | 83 FR 32075 |
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