83_FR_35764 83 FR 35619 - Certain New Pneumatic Off-the-Road Tires From India: Notice of Rescission of Antidumping Duty Administrative Review; 2017-2018

83 FR 35619 - Certain New Pneumatic Off-the-Road Tires From India: Notice of Rescission of Antidumping Duty Administrative Review; 2017-2018

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 145 (July 27, 2018)

Page Range35619-35620
FR Document2018-16074

The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on certain new pneumatic off-the-road tires (OTR Tires) from India for the period of review (POR) February 2, 2017, through February 28, 2018.

Federal Register, Volume 83 Issue 145 (Friday, July 27, 2018) 
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35619-35620]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16074]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Notice of 
Rescission of Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty (AD) order on certain new 
pneumatic off-the-road tires (OTR Tires) from India for the period of 
review (POR) February 2, 2017, through February 28, 2018.

DATES: Applicable July 27, 2018.

FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4852.

SUPPLEMENTARY INFORMATION: 

Background

    On March 5, 2018, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order on OTR Tires from India for the period February 2, 2017, through 
February 28, 2018.\1\ On March 30, 2018, ATC Tires Private Limited 
(ATC) and Alliance Tires Americas, Inc. (ATA) (collectively ATC) timely 
requested that Commerce conduct an administrative review of this AD 
order with respect to ATC.\2\ No other party requested a review of the 
order. On May 2, 2018, Commerce initiated an administrative review with 
respect to ATC, in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i).\3\ On May 17, 
2018, ATC timely withdrew its request for an administrative review.\4\ 
No other party requested a review of ATC.
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    \1\ See Antidumping or Countervailing Duty, Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 9284 (March 5, 2018).
    \2\ See Letter from ATC, ``Certain New Pneumatic Off-the-Road 
Tires from India: ATC Tires Private Limited's Request for 
Administrative Review,'' dated March 30, 2018.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 19215 (May 2, 2018).
    \4\ See Letter from ATC, ``Certain New Pneumatic Off-the-Road 
Tires from India: ATC Tires Private Limited's Withdrawal of Request 
for Administrative Review,'' dated May 17, 2018.

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[[Page 35620]]

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws the request within 90 days of the publication date 
of the notice of initiation of the requested review. In this case, ATC 
timely withdrew its request for review within 90 days of the 
publication date of the Initiation Notice. Because Commerce received no 
other request for a review of the AD order with respect to ATC, and no 
other requests were made for a review of the AD order with respect to 
other companies, we are rescinding this administrative review covering 
the period February 2, 2017, through February 28, 2018, in its 
entirety, in accordance with 19 CFR 213(d)(1).

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries of OTR Tires from 
India during the POR. 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 the 
publication of this notice in the Federal Register.

Notification to Importers

    This notice also serves as a final reminder to importers for whom 
this review is being rescinded of their responsibility under 19 CFR 
351.402(f)(2) to file a certificate regarding the reimbursement of 
antidumping duties prior to liquidation of the relevant entries during 
this review period. Failure to comply with this requirement could 
result in the presumption that reimbursement of the antidumping duties 
occurred and the subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 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: July 23, 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. 2018-16074 Filed 7-26-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices 35619 China-wide rate. Additionally, if occurred and the subsequent assessment DEPARTMENT OF COMMERCE Commerce determines that an exporter of double antidumping duties. under review had no shipments of the International Trade Administration subject merchandise, any suspended Notification Regarding Administrative entries that entered under that Protective Orders [A–533–869] exporter’s case number will be This notice also serves as a reminder Certain New Pneumatic Off-the-Road liquidated at the China-wide rate.17 to parties subject to administrative Tires From India: Notice of Rescission Cash Deposit Requirements protective order (APO) of their of Antidumping Duty Administrative responsibility concerning the return or Review; 2017–2018 The following cash deposit requirements will be effective upon destruction of proprietary information disclosed under APO in accordance AGENCY: Enforcement and Compliance, publication of the Final Results of this International Trade Administration, administrative review for shipments of with 19 CFR 351.305, which continues to govern business proprietary Department of Commerce. the subject merchandise from China SUMMARY: The Department of Commerce entered, or withdrawn from warehouse, information in this segment of the (Commerce) is rescinding the for consumption on or after the proceeding. Timely written notification of the return or destruction of APO administrative review of the publication date of this notice in the antidumping duty (AD) order on certain Federal Register, as provided by section materials, or conversion to judicial new pneumatic off-the-road tires (OTR 751(a)(2)(C) of the Act: (1) For the protective order, is hereby requested. Failure to comply with the regulations Tires) from India for the period of exporters listed above, the cash deposit and terms of an APO is a violation review (POR) February 2, 2017, through rate will be the rate listed for each which is subject to sanction. February 28, 2018. exporter in the table in the ‘‘Final Results of Review’’ section of this This determination is issued and DATES: Applicable July 27, 2018. notice, except if the rate is zero or de published in accordance with sections FOR FURTHER INFORMATION CONTACT: minimis (i.e., less than 0.5 percent), then 751(a)(1) and 777(i)(1) of the Act and 19 Trisha Tran, AD/CVD Operations, Office the cash deposit rate will be zero; (2) for CFR 351.221(b)(5). IV, Enforcement and Compliance, previously investigated Chinese and International Trade Administration, Dated: July 11, 2018. non-Chinese exporters that received a U.S. Department of Commerce, 1401 Gary Taverman, Constitution Avenue NW, Washington, separate rate in a prior segment of this proceeding, the cash deposit rate will Deputy Assistant Secretary for Antidumping DC 20230; telephone: (202) 482–4852. continue to be the existing exporter- and Countervailing Duty Operations, SUPPLEMENTARY INFORMATION: performing the non-exclusive functions and specific rate; (3) for all Chinese duties of the Assistant Secretary for Background exporters of subject merchandise that Enforcement and Compliance. have not been found to be entitled to a On March 5, 2018, Commerce separate rate, the cash deposit rate will Appendix—Issues and Decision published in the Federal Register a be the rate previously established for the Memorandum notice of opportunity to request an PRC-wide entity (i.e., 238.95 percent); administrative review of the AD order Summary and (4) for all non-China exporters of on OTR Tires from India for the period Background subject merchandise which have not Scope of the Order February 2, 2017, through February 28, received their own rate, the cash deposit Discussion of the Issues 2018.1 On March 30, 2018, ATC Tires rate will be the rate applicable to the Comment 1. Whether Commerce Should Private Limited (ATC) and Alliance Chinese exporter that supplied the non- Apply Partial Adverse Facts Available to Tires Americas, Inc. (ATA) (collectively Chinese exporter. These deposit Trina’s Unreported Factors of Production ATC) timely requested that Commerce requirements, when imposed, shall for Purchased Solar Cells conduct an administrative review of this remain in effect until further notice. Comment 2. Ministerial Error Allegations AD order with respect to ATC.2 No Disclosure Comment 3. Whether Commerce Should other party requested a review of the Adjust the U.S. Price for ‘‘USDUTYU’’ order. On May 2, 2018, Commerce We intend to disclose the calculations Expenses initiated an administrative review with performed for these Final Results within Comment 4. Whether Commerce Should respect to ATC, in accordance with five days of publication of this notice in Include Trina’s Sale to a Salvage section 751(a) of the Tariff Act of 1930, the Federal Register in accordance with Company in the Margin Calculation as amended (the Act) and 19 CFR 19 CFR 351.224(b). Comment 5. Whether Commerce Should 351.221(c)(1)(i).3 On May 17, 2018, ATC Notification to Importers Regarding the Adjust U.S. Price for the Export Buyer’s timely withdrew its request for an Reimbursement of Duties Credits Program administrative review.4 No other party Comment 6. Zero-Quantity Import Data requested a review of ATC. This notice also serves as a reminder Comment 7. Surrogate Value for to importers of their responsibility Aluminum Frames 1 See Antidumping or Countervailing Duty, Order, under 19 CFR 351.402(f)(2) to file a Comment 8. Surrogate Value for Finding, or Suspended Investigation; Opportunity certificate regarding the reimbursement International Freight to Request Administrative Review, 83 FR 9284 of antidumping duties prior to Comment 9. Surrogate Value for Nitrogen (March 5, 2018). liquidation of the relevant entries Comment 10. Selection of Surrogate 2 See Letter from ATC, ‘‘Certain New Pneumatic during this POR. Failure to comply with Financial Statements Off-the-Road Tires from India: ATC Tires Private amozie on DSK3GDR082PROD with NOTICES1 this requirement could result in Limited’s Request for Administrative Review,’’ Comment 11. Surrogate Value for Labor dated March 30, 2018. Commerce’s presumption that Comment 12. Separate Rate Status for 3 See Initiation of Antidumping and reimbursement of antidumping duties LONGi Solar Technology Co. Ltd. Countervailing Duty Administrative Reviews, 83 FR Comment 13. Differential Pricing 19215 (May 2, 2018). 17 See Non-Market Economy Antidumping Recommendation 4 See Letter from ATC, ‘‘Certain New Pneumatic Proceedings: Assessment of Antidumping Duties, 76 Off-the-Road Tires from India: ATC Tires Private [FR Doc. 2018–16072 Filed 7–26–18; 8:45 am] FR 65694 (October 24, 2011), for a full discussion Limited’s Withdrawal of Request for Administrative of this practice. BILLING CODE 3510–DS–P Review,’’ dated May 17, 2018. VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1

35620 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices Rescission of Review judicial protective order, is hereby section 751(a) of Tariff Act of 1930, as Pursuant to 19 CFR 351.213(d)(1), requested. Failure to comply with the amended (the Act), Commerce Commerce will rescind an regulations and terms of an APO is a published in the Federal Register a administrative review, in whole or in violation which is subject to sanction. notice of the initiation of an part, if the party that requested a review This notice is issued and published in administrative review of the Order.3 The withdraws the request within 90 days of accordance with sections 751(a)(1) and administrative review was initiated with the publication date of the notice of 777(i)(1) of the Act, and 19 CFR respect to 45 companies or groups of initiation of the requested review. In 351.213(d)(4). companies, and covers the period from this case, ATC timely withdrew its Dated: July 23, 2018. December 1, 2016, through November request for review within 90 days of the James Maeder, 30, 2017. All parties have subsequently publication date of the Initiation Notice. Associate Deputy Assistant Secretary for timely withdrawn their requests to Because Commerce received no other Antidumping and Countervailing Duty review the group Changzhou Trina Solar request for a review of the AD order Operations performing the duties of Deputy Energy Co., Ltd./Trina Solar with respect to ATC, and no other Assistant Secretary for Antidumping and (Changzhou) Science and Technology requests were made for a review of the Countervailing Duty Operations. Co., Ltd./Yancheng Trina Solar Energy AD order with respect to other [FR Doc. 2018–16074 Filed 7–26–18; 8:45 am] Technology Co., Ltd./Changzhou Trina companies, we are rescinding this BILLING CODE 3510–DS–P Solar Yabang Energy Co., Ltd./Turpan administrative review covering the Trina Solar Energy Co., Ltd./Hubei period February 2, 2017, through Trina Solar Energy Co., Ltd. February 28, 2018, in its entirety, in DEPARTMENT OF COMMERCE (collectively, Trina).4 accordance with 19 CFR 213(d)(1). Rescission of Review, in Part International Trade Administration Assessment [A–570–979] Pursuant to 19 CFR 351.213(d)(1), Commerce will instruct U.S. Customs Commerce will rescind an and Border Protection (CBP) to assess Crystalline Silicon Photovoltaic Cells, administrative review, in whole or in antidumping duties on all appropriate Whether or Not Assembled Into part, if the party that requested the entries of OTR Tires from India during Modules, From the People’s Republic review withdraws its request within 90 the POR. Antidumping duties shall be of China: Notice of Partial Rescission days of the date of publication of the assessed at rates equal to the cash of Antidumping Duty Administrative notice of initiation of the requested deposit of estimated antidumping duties Review; 2016–2017 review. All parties withdrew their required at the time of entry, or requests for an administrative review of withdrawal from warehouse, for AGENCY: Enforcement and Compliance, Trina within 90 days of the date of consumption in accordance with 19 International Trade Administration, publication of the Initiation Notice. CFR 351.212(c)(1)(i). Commerce intends Department of Commerce. Accordingly, Commerce is rescinding to issue appropriate assessment DATES: Applicable July 27, 2018. this review with respect to Trina, in instructions to CBP 15 days after the FOR FURTHER INFORMATION CONTACT: accordance with 19 CFR 351.213(d)(1). publication of this notice in the Federal Krisha Hill, AD/CVD Operations, Office Register. IV, Enforcement and Compliance, Assessment Notification to Importers International Trade Administration, Commerce will instruct U.S. Customs U.S. Department of Commerce, 1401 and Border Protection (CBP) to assess This notice also serves as a final Constitution Avenue NW, Washington, reminder to importers for whom this antidumping duties on all subject DC 20230, telephone: (202) 482–4037. merchandise exported by Trina and review is being rescinded of their SUPPLEMENTARY INFORMATION: entered, or withdrawn from warehouse, responsibility under 19 CFR 351.402(f)(2) to file a certificate Background for consumption during the period of regarding the reimbursement of review at a rate equal to the cash deposit On December 7, 2012, the Department of estimated antidumping duties antidumping duties prior to liquidation of Commerce (Commerce) published in of the relevant entries during this required at the time of entry in the Federal Register the antidumping accordance with 19 CFR review period. Failure to comply with duty order on crystalline silicon this requirement could result in the 351.212(c)(1)(i). Commerce intends to photovoltaic cells, whether or not issue appropriate assessment presumption that reimbursement of the assembled into modules, from the instructions to CBP 15 days after antidumping duties occurred and the People’s Republic of China (China) publication of this notice in the Federal subsequent assessment of double (Order).1 On December 4, 2017, Register. antidumping duties. Commerce published a notice of Notification Regarding Administrative opportunity to request an administrative 3 See Initiation of Antidumping and Protective Orders review of the Order.2 Commerce Countervailing Duty Administrative Reviews, 83 FR This notice also serves as a reminder received multiple timely requests for an 8058 (February 23, 2018) (Initiation Notice). 4 See Letter from SolarWorld Americas, Inc., to parties subject to an administrative administrative review of the Order. On ‘‘Crystalline Silicon Photovoltaic Cells, Whether or protective order (APO) of their February 23, 2018, in accordance with Not Assembled into Modules, from the People’s responsibility concerning the return or Republic of China: Withdrawal of Request for 1 See Crystalline Silicon Photovoltaic Cells, destruction of proprietary information Administrative Review and Request for Selection of amozie on DSK3GDR082PROD with NOTICES1 Whether or Not Assembled Into Modules, From the Additional Mandatory Respondent,’’ dated April 5, disclosed under APO in accordance People’s Republic of China: Amended Final 2018; see also Letter from Changzhou Trina Solar with 19 CFR 351.305(a)(3), which Determination of Sales at Less Than Fair Value, Energy Co., Ltd., Yancheng Trina Solar Energy continues to govern business and Antidumping Duty Order, 77 FR 73018 Technology Co., Ltd., and Changzhou Trina Solar proprietary information in this segment (December 7, 2012). Yabang Energy Co., Ltd., ‘‘Crystalline Silicon 2 See Antidumping or Countervailing Duty Order, Photovoltaic Cells, Whether Or Not Assembled into of the proceeding. Timely written Finding, or Suspended Investigation; Opportunity Modules from the People’s Republic of China— notification of the return or destruction To Request Administrative Review, 82 FR 57219 Withdrawal of Request for Review,’’ dated April 4, of APO materials, or conversion to (December 4, 2017). 2018. VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1


Document Created: 2018-07-27 04:06:08
Document Modified: 2018-07-27 04:06:08
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 July 27, 2018.
ContactTrisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4852.
FR Citation83 FR 35619 
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