83 FR 45893 - Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission, in Part; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 176 (September 11, 2018)
International Trade Administration
Federal Register Volume 83, Issue 176 (September 11, 2018)
| Page Range | 45893-45897 | |
| FR Document | 2018-19699 |
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)] [Notices] [Pages 45893-45897] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19699] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-016] Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission, in Part; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain producers and exporters of passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (China) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR) August 1, 2016, through July 31, 2017. DATES: Applicable September 11, 2018. FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, [[Page 45894]] U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1398. SUPPLEMENTARY INFORMATION: Background On August 10, 2015, Commerce issued an antidumping duty (AD) order on passenger tires from China.\1\ Several interested parties requested that Commerce conduct an administrative review of the AD Order, and on October 16, 2017, Commerce published in the Federal Register a notice of initiation of an administrative review of the AD Order for 59 producers/exporters for the POR.\2\ Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018.\3\ --------------------------------------------------------------------------- \1\ See Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 47902 (August 10, 2015) (AD Order). \2\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation Notice). The Initiation Notice inadvertently misspelled the names of two producer/exporters, which were corrected in a subsequent publication. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 57705 (December 7, 2017). \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), (January 23, 2018). All deadlines in this segment of the proceeding have been extended by three days. --------------------------------------------------------------------------- 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 Preliminary Decision Memorandum.\4\ --------------------------------------------------------------------------- \4\ See ``Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China, Preliminary Determination of No Shipments; and Rescission, in part; 2016-2017,'' (September 4, 2018) (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Commerce preliminarily determines that Junhong's reported U.S. sales were export price (EP). We calculated EP sales in accordance with section 772 of the Act. Given that China is a non-market economy (NME) country, within the meaning of section 771(18) of the Act, Commerce calculated NV in accordance with section 773(c) of the Act. For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is made available to the public 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 Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. A list of topics included in the Preliminary Decision Memorandum is provided in Appendix 1 to this notice. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. Actyon Tyre Resources Co., Limited; Cooper (Kunshan) Tire Co., Ltd.; Hangzhou Yokohama Tire Co., Ltd.; Hongtyre Goup Co.; ITG Voma Corporation; Koryo International Industrial Limited; Kumho Tire Co., Inc.; Crown International Corporation (Crown); Shandong Wanda Boto Tyre Co., Ltd. (Boto Tyre); Qingdao Nama Industrial Co., Ltd.; Shandong Changfeng Tyres Co., Ltd.; Shandong Guofeng Rubber Plastics; Shandong Guofeng Rubber Plastics Co., Ltd.; Shandong Zhongyi Rubber Co., Ltd.; Shengtai Group Co., Ltd.; The Yokohama Rubber Company, Ltd.; Tyrechamp Group Co., Limited; and the Sailun Group Co., Ltd. (i.e., Sailun Jinyu Group Co., Ltd.)/Sailun Tire International Corp./Shandong Jinyu Industrial Co., Ltd./Sailun Jinyu Group (Hong Kong) Co., Limited/ Dynamic Tire Corp./Husky Tire Corp./Seatex International Inc./Seatex PTE. Ltd.) withdrew their respective requests for an administrative review within 90 days of the publication date of the notice of initiation. When Commerce initiated the instant administrative review, we inadvertently did not include ITG Voma Corporation in the list of companies for which an administrative review was requested or initiated.\5\ As noted above, ITG Voma Corporation did timely file a withdrawal request. Therefore, we will accept its request and rescind this administrative review with respect to ITG Voma Corporation. --------------------------------------------------------------------------- \5\ ITG Voma Corporation timely filed a request for an administrative review. See ITG Voma Corporation's letter, ``Passenger Vehicle and Light Tires from the People's Republic of China: Request for Review--2016-2017 Review Period,'' (August 31, 2017). --------------------------------------------------------------------------- No other parties requested an administrative review of the order with respect to the aforementioned companies, except for Crown and Boto Tyre. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the AD order on passenger tires from China with respect to the listed companies, except for Crown and Boto Tyre. As noted above, Crown and Boto Tyre timely filed withdrawal requests for their respective administrative reviews. However, the petitioner filed administrative review requests for these companies, but did not file any subsequent withdrawal requests. Therefore, both Crown and Boto Tyre are still subject to the instant administrative review. Boto Tyre timely filed a separate rate certification prior to its withdrawal request. We reviewed Boto Tyre's separate rate certification request and preliminarily find that it qualifies for separate rate status in this administrative review. Crown did not file a separate application or certificate and, thus, is preliminarily considered to be part of the China-wide entity. Preliminary Determination of No Shipments Based on an analysis of U.S. Customs and Border Protection (CBP) information, and comments provided by interested parties, Commerce preliminarily determines that two companies under review, Federal Tire (Jiangxi), Ltd. and Highpoint Trading, Ltd. each had no shipments during the POR. For additional information regarding this determination, see the Preliminary Decision Memorandum. Consistent with an announced refinement to its assessment practice in NME cases, Commerce is not rescinding this review, in part, but intends to complete the review with respect to the companies for which it has preliminarily found no shipments and issue appropriate instructions to CBP based on the final results of the review.\6\ --------------------------------------------------------------------------- \6\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the ``Assessment Rates'' section, below. --------------------------------------------------------------------------- In addition, six companies: Fleming Limited; Haohua Orient International [[Page 45895]] Trade Ltd.; Qingdao Lakesea Tyre Co., Ltd.; Riversun Industry Limited; Safe & Well (HK) International Trading Limited; and Windforce Tyre Co., Limited filed no shipment certifications, even though an administrative review was not requested for or initiated on their behalf. Because these companies are not subject to this review, Commerce will not inquire further regarding their no shipment status. Also, Best Choice International Trade Co., Limited (Best Choice) filed a no shipment certification; however, we previously collapsed Best Choice and BC Tyre into a single entity in the prior review.\7\ Because there is no evidence on the record that contradicts our prior collapsing determination or the evidence on this record, we preliminarily continue to find that BC Tyre and Best Choice is a single entity in this administrative review.\8\ Therefore, we preliminarily find that Best Choice does not qualify for no-shipment status and will be part of the China-wide entity. However, we intend to seek additional information from this entity following these preliminary results. --------------------------------------------------------------------------- \7\ See the Preliminary Determination Memorandum at ``Discussion of Methodology.'' \8\ Id. In addition, as explained in the Preliminary Decision Memorandum, there is evidence on the record of this review that Best Choice and BC Tyre Group Limited continue to have intertwined operations in this review. For a business proprietary discussion of the Best Choice and BC Tyre Group Limited relationship, please see Commerce Memorandum, ``Antidumping Duty Administrative Review of Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Preliminary Separate Rate Status,'' (September 4, 2018) (Preliminary Separate Rate Memorandum). --------------------------------------------------------------------------- Separate Rates Commerce preliminarily determines that the information placed on the record by Junhong, as well as by the other companies listed in the rate table in the ``Preliminary Results of Review'' section below, demonstrates that these companies are entitled to separate rate status. Neither the Act nor Commerce's regulations address the establishment of the rate applied to individual companies not selected for examination where Commerce limited its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Commerce's practice in cases involving limited selection based on exporters accounting for the largest volume of imports has been to look to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all- others rate in an investigation. Section 735(c)(5)(A) of the Act instructs Commerce to use rates established for individually investigated producers and exporters, excluding any rates that are zero, de minimis, or based entirely on facts available in investigations. In the instant administrative review, Junhong is the only reviewed respondent that received a calculated weighted-average margin. Therefore, for the preliminary results, Commerce has preliminarily determined to assign Junhong's margin to the non-selected separate-rate companies. In addition, Commerce preliminarily determines that certain companies have not demonstrated their entitlement to separate rate status because: (1) They withdrew their participation from the administrative review; or (2) they did not rebut the presumption of de jure or de facto government control of their operations.\9\ See Appendix 2 of this Federal Register notice for a complete list of companies not receiving a separate rate. --------------------------------------------------------------------------- \9\ See Preliminary Denial of Separate Rate Status Memorandum for a complete discussion regarding the companies preliminarily not granted separate rate status. --------------------------------------------------------------------------- Commerce is treating the companies for which it did not grant separate rate status as part of the China-wide entity. Because no party requested a review of the China-wide entity, the entity is not under review, and the entity's rate (i.e., 87.99 percent) \10\ is not subject to change.\11\ --------------------------------------------------------------------------- \10\ See Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 47902, 47906 (August 10, 2015) (Order). \11\ For additional information regarding Commerce's separate rate determinations, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- Adjustments for Countervailable Subsidies Commerce has preliminarily adjusted Junhong's U.S. price for export subsidies, pursuant to 772(c)(1)(C) of the Act, and domestic subsidies passed-through, pursuant to section 777A(f) of the Act. Preliminary Results of Review As a result of this review, we preliminarily determine the weighted-average dumping margins rates to be: ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ Zhaoqing Junhong Co., Ltd............................... 73.63 Jiangsu Hankook Tire Co., Ltd........................... 73.63 Kenda Rubber (China) Co., Ltd........................... 73.63 Mayrun Tyre (Hong Kong) Limited......................... 73.63 Qingdao Odyking Tyre Co., Ltd........................... 73.63 Qingdao Sentury Tire Co., Ltd./Sentury Tire USA Inc./ 73.63 Sentury (Hong Kong) Trading Co., Limited............... Shandong Anchi Tyres Co., Ltd........................... 73.63 Shandong Hengyu Science & Technology Co., Ltd........... 73.63 Shandong Linglong Tyre Co., Ltd......................... 73.63 Shandong Longyue Rubber Co., Ltd........................ 73.63 Shandong New Continent Tire Co., Ltd.................... 73.63 Shandong Province Sanli Tire Manufactured Co., Ltd...... 73.63 Shandong Shuangwang Rubber Co., Ltd..................... 73.63 Shandong Wanda Boto Tyre Co., Ltd....................... 73.63 Shandong Yongsheng Rubber Group Co., Ltd................ 73.63 Shouguang Firemax Tyre Co., Ltd......................... 73.63 Winrun Tyre Co., Ltd.................................... 73.63 ------------------------------------------------------------------------ [[Page 45896]] Disclosure and Public Comment Commerce intends to disclose to parties the calculations performed for these preliminary results of review within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.\12\ Rebuttal briefs may be filed no later than five days after case briefs are due, and may respond only to arguments raised in the case briefs.\13\ A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to Commerce. The summary should be limited to five pages total, including footnotes.\14\ --------------------------------------------------------------------------- \12\ See 19 CFR 351.309(c)(ii). \13\ See 19 CFR 351.309(d). \14\ See 19 CFR 351.309(c)(2), (d)(2). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.\15\ Requests should contain the party's name, address, and telephone number, the number of participants in, and a list of the issues to be discussed at, the hearing. Oral arguments at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date and time to be determined.\16\ Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date of the hearing. --------------------------------------------------------------------------- \15\ See 19 CFR 351.310(c). \16\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- All submissions, with limited exceptions, must be filed electronically using ACCESS.\17\ An electronically filed document must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date.Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.\18\ --------------------------------------------------------------------------- \17\ See generally 19 CFR 351.303. \18\ See 19 CFR 351.303 (for general filing requirements); Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results of review, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results of this review, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\19\ Commerce intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is not zero or de minimis (i.e., less than 0.5 percent), Commerce intends to calculate importer-specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\20\ Where the respondent reported reliable entered values, Commerce intends to calculate importer-specific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer, and dividing this amount by the total entered value of the sales to the importer.\21\ Where the importer did not report entered values, Commerce intends to calculate an importer-specific assessment rate by dividing the amount of dumping for reviewed sales to the importer by the total sales quantity associated with those transactions. Where an importer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\22\ --------------------------------------------------------------------------- \19\ See 19 CFR 351.212(b)(1). \20\ See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification). \21\ See 19 CFR 351.212(b)(1). \22\ See Final Modification, 77 FR at 8103. --------------------------------------------------------------------------- Pursuant to Commerce practice, for entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, Commerce will instruct CBP to liquidate such entries at the rate for the China-wide entity.\23\ Additionally, if Commerce determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's CBP case number will be liquidated at the rate for the China-wide entity. --------------------------------------------------------------------------- \23\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice. --------------------------------------------------------------------------- For the companies for which this review is rescinded, antidumping duties will 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)(l)(i). Commerce intends to issue appropriate assessment instructions with respect to the companies for which this review is rescinded to CBP 15 days after the publication of this notice. In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on POR entries, and for future deposits of estimated antidumping duties, where applicable. Cash Deposit Requirements Commerce will instruct CBP to require a cash deposit for antidumping duties equal to the weighted-average amount by which NV exceeds U.S. price. The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is de minimis (i.e., less than 0.5 percent), then the cash deposit rate will be zero for that exporter); (2) for previously investigated or reviewed China and non-China exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all China exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (i.e., 76.46 percent) \24\ and (4) for all non- China exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the China exporter that supplied that non- China exporter. These deposit requirements, when [[Page 45897]] imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \24\ See Order, 80 FR 47904. --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties and/or countervailing duties has occurred, and the subsequent assessment of double antidumping duties and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: September 4, 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 1 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Partial Rescission of Administrative Review IV. Scope of the Order V. Discussion of the Methodology VI. Recommendation Appendix 2 List of Companies Not Receiving Separate Rate Status 1. BC Tyre Group Limited 2. Best Choice International Trade Co., Limited 3. Chen Shin Tire & Rubber (China) Co., Ltd. 4. Crown International Corporation 5. Hankook Tire China Co., Ltd. 6. Hebei Tianrui Rubber Co., Ltd. 7. Hong Kong Tiancheng Investment & Trading Co., Limited 8. Hong Kong Tri-Ace Tire Co., Limited 9. Hwa Fong Rubber (Hong Kong) Ltd. 10. Hwa Fong Rubber (Suzhou) Ltd. 11. Qingdao Fullrun Tyre Corp. Ltd. 12. Qingdao Fullrun Tyre Tech Corp. Ltd. 13. Qingdao Nexen Tire Corporation 14. Qingdao Qianzhen Tyre Co., Ltd. 15. Qingdao Qihang Tyre Co., Ltd. 16. Qingdao Qizhou Rubber Co., Ltd. 17. Shandong Duratti Rubber Corporation Co., Ltd. 18. Shandong Haohua Tire Co., Ltd. 19. Shandong Haolong Rubber Tire Co., Ltd. 20. Shandong Haolong Rubber Co., Ltd. 21. Shandgong Hongsheng Rubber Co., Ltd. 22. Shandong Province Sanli Tire 23. Shifeng Juxing Tire Co., Ltd. 24. Southeast Mariner International Co., Ltd. 25. Toyo Tire (Zhangjiagang) Co., Ltd. [FR Doc. 2018-19699 Filed 9-10-18; 8:45 am] BILLING CODE 3510-DS-P
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c. Separate Rate Assigned to Non-Selected and 19 CFR 351.213(b), to conduct an of the relevant entries during this
Companies administrative review of this review period. Failure to comply with
d. The China-Wide Entity antidumping duty order with respect to this requirement may result in the
e. Surrogate Country
11 companies.3 presumption that reimbursement of
f. Date of Sale
g. Normal Value Comparisons On January 11, 2018, Commerce antidumping duties occurred and the
h. Determination of Comparison Method published in the Federal Register a subsequent assessment of double
i. Export Price notice of initiation with respect to 11 antidumping duties.
i. Irrecoverable Value-Added Tax companies: Chung Hung Steel; Femco;
Notification Regarding Administrative
ii. TTI Founder Land; Kao Hsing Chang Iron &
j. Normal Value Protective Orders
Steel Corp.; Kounan Steel; Luen Jin;
i. Factor Valuations Mayer Steel Pipe; Shin Yang Steel; This notice serves as the only
ii. By-Products Tension Steel Industries; Vulcan reminder to parties subject to
iii. Currency Conversion administrative protective order (APO) of
Industrial; and Wan Chi Steel
iv. Verification
Industrial.4 On April 9, 2018, the their responsibility concerning the
5. Recommendation
petitioner timely withdrew its request disposition of proprietary information
[FR Doc. 2018–19700 Filed 9–10–18; 8:45 am] disclosed under APO in accordance
for an administrative review.5
BILLING CODE 3510–DS–P with 19 CFR 351.305(a)(3). Timely
Rescission of Administrative Review written notification of the return or
Pursuant to 19 CFR 351.213(d)(1), destruction of APO materials or
DEPARTMENT OF COMMERCE Commerce will rescind an conversion to judicial protective order is
International Trade Administration administrative review, in whole or in hereby requested. Failure to comply
part, if the parties that requested a with the regulations and the terms of an
[A–583–814] review withdraw the request within 90 APO is a sanctionable violation.
days of the date of publication of the This notice is published in
Certain Circular Welded Non-Alloy notice of initiation of the requested accordance with section 777(i)(1) of the
Steel Pipe From Taiwan: Rescission of review. The petitioner withdrew its Act, and 19 CFR 351.213(d)(4).
Antidumping Duty Administrative request for review by the 90-day
Review; 2016–2017 Dated: September 4, 2018.
deadline, and no other party requested James Maeder,
AGENCY: Enforcement and Compliance, an administrative review of this order.
Associate Deputy Assistant Secretary for
International Trade Administration, Therefore, we are rescinding the Antidumping and Countervailing Duty
Department of Commerce. administrative review of the Operations performing the duties of Deputy
SUMMARY: The Department of Commerce antidumping duty order on certain Assistant Secretary for Antidumping and
(Commerce) is rescinding its circular welded non-alloy steel pipe Countervailing Duty Operations.
administrative review of the from Taiwan covering the period [FR Doc. 2018–19586 Filed 9–10–18; 8:45 am]
antidumping duty order on certain November 1, 2016, through October 31, BILLING CODE 3510–DS–P
circular welded non-alloy steel pipe 2017, in its entirety.
from Taiwan for the period of review Assessment
(POR) November 1, 2016, through DEPARTMENT OF COMMERCE
October 31, 2017. Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess International Trade Administration
DATES: Applicable September 11, 2018.
antidumping duties on all appropriate [A–570–016]
FOR FURTHER INFORMATION CONTACT:
entries. Antidumping duties shall be
Mark Flessner, AD/CVD Operations, assessed at rates equal to the cash
Office VI, Enforcement and Compliance, Certain Passenger Vehicle and Light
deposit of estimated antidumping duties Truck Tires From the People’s
International Trade Administration, required at the time of entry, or
U.S. Department of Commerce, 1401 Republic of China: Preliminary Results
withdrawal from warehouse, for of Antidumping Duty Administrative
Constitution Avenue NW, Washington, consumption, in accordance with 19
DC 20230; telephone: (202) 482–6312. Review, Preliminary Determination of
CFR 351.212(c)(1)(i). Commerce intends No Shipments, and Rescission, in Part;
SUPPLEMENTARY INFORMATION: to issue appropriate assessment 2016–2017
Background instructions to CBP 15 days after
publication of this notice in the Federal AGENCY: Enforcement and Compliance,
On November 1, 2017, Commerce Register. International Trade Administration,
published in the Federal Register a Department of Commerce.
notice of opportunity to request an Notification to Importers
SUMMARY: The Department of Commerce
administrative review of the This notice serves as the only (Commerce) preliminarily determines
antidumping duty order 1 on certain reminder to importers of their that certain producers and exporters of
circular welded non-alloy steel pipe responsibility, under 19 CFR passenger vehicle and light truck tires
from Taiwan for the POR.2 Commerce 351.402(f)(2), to file a certificate (passenger tires) from the People’s
received a timely request from regarding the reimbursement of Republic of China (China) made sales of
Wheatland Tube (the petitioner), in antidumping duties prior to liquidation subject merchandise at prices below
accordance with section 751(a) of the
normal value (NV) during the period of
Tariff Act of 1930, as amended (the Act),
daltland on DSKBBV9HB2PROD with NOTICES
3 See Petitioner Letter re: Certain Circular Welded
review (POR) August 1, 2016, through
Non-Alloy Steel Pipe from Taiwan: Request for
1 See Certain Circular Welded Carbon Steel Pipes Administrative Review, dated November 30, 2017.
July 31, 2017.
and Tubes from Taiwan: Antidumping Order, 49 FR 4 See Initiation of Antidumping and DATES: Applicable September 11, 2018.
19369 (May 7, 1984). Countervailing Duty Administrative Reviews, 83 FR FOR FURTHER INFORMATION CONTACT: Toni
2 See Antidumping or Countervailing Duty Order, 1329 (January 11, 2018).
Finding, or Suspended Investigation; Opportunity 5 See Petitioner Letter re: Certain Circular Welded Page, AD/CVD Operations, Office VII,
to Request Administrative Review, 82 FR 50260 Non-Alloy Steel Pipe from Taiwan: Withdrawal of Enforcement and Compliance,
(November 1, 2017). Review Request, dated April 9, 2018. International Trade Administration,
VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1](https://thefederalregister.org/doc/83_FR_46069/page/1.svg)
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imposed, shall remain in effect until 20. Shandong Haolong Rubber Co., Ltd. proposed authorization is provided to
further notice. 21. Shandgong Hongsheng Rubber Co., Ltd. the public for review.
22. Shandong Province Sanli Tire An authorization for incidental
Notification to Importers 23. Shifeng Juxing Tire Co., Ltd. takings shall be granted if NMFS finds
This notice also serves as a 24. Southeast Mariner International Co., Ltd. that the taking will have a negligible
25. Toyo Tire (Zhangjiagang) Co., Ltd.
preliminary reminder to importers of impact on the species or stock(s), will
their responsibility under 19 CFR [FR Doc. 2018–19699 Filed 9–10–18; 8:45 am] not have an unmitigable adverse impact
351.402(f)(2) to file a certificate BILLING CODE 3510–DS–P on the availability of the species or
regarding the reimbursement of stock(s) for subsistence uses (where
antidumping duties and/or relevant), and if the permissible
countervailing duties prior to DEPARTMENT OF COMMERCE methods of taking and requirements
liquidation of the relevant entries pertaining to the mitigation, monitoring
National Oceanic and Atmospheric
during this POR. Failure to comply with and reporting of such takings are set
Administration
this requirement could result in forth.
Commerce’s presumption that RIN 0648–XG011 NMFS has defined ‘‘negligible
reimbursement of antidumping duties impact’’ in 50 CFR 216.103 as an impact
and/or countervailing duties has Takes of Marine Mammals Incidental resulting from the specified activity that
occurred, and the subsequent To Specified Activities; Taking Marine cannot be reasonably expected to, and is
assessment of double antidumping Mammals Incidental to Bremerton and not reasonably likely to, adversely affect
duties and/or an increase in the amount Edmonds Ferry Terminals Dolphin the species or stock through effects on
of antidumping duties by the amount of Relocation Project in Washington State annual rates of recruitment or survival.
the countervailing duties. The MMPA states that the term ‘‘take’’
AGENCY: National Marine Fisheries
These preliminary results are issued means to harass, hunt, capture, kill or
Service (NMFS), National Oceanic and attempt to harass, hunt, capture, or kill
and published in accordance with Atmospheric Administration (NOAA),
sections 751(a)(1) and 777(i)(1) of the any marine mammal.
Commerce. Except with respect to certain
Act and 19 CFR 351.213 and
ACTION: Notice; issuance of an incidental activities not pertinent here, the MMPA
351.221(b)(4).
harassment authorization. defines ‘‘harassment’’ as any act of
Dated: September 4, 2018. pursuit, torment, or annoyance which (i)
Gary Taverman, SUMMARY: In accordance with the
has the potential to injure a marine
Deputy Assistant Secretary for Antidumping regulations implementing the Marine
mammal or marine mammal stock in the
and Countervailing Duty Operations Mammal Protection Act (MMPA) as
wild (Level A harassment); or (ii) has
performing the non-exclusive functions and amended, notification is hereby given
the potential to disturb a marine
duties of the Assistant Secretary for that we have issued an incidental
mammal or marine mammal stock in the
Enforcement and Compliance. harassment authorization (IHA) to
wild by causing disruption of behavioral
Washington State Department of
Appendix 1 patterns, including, but not limited to,
Transportation (WSDOT) to take small
List of Topics Discussed in the Preliminary
migration, breathing, nursing, breeding,
numbers of marine mammals, by
Decision Memorandum feeding, or sheltering (Level B
harassment, incidental to Bremerton
harassment).
I. Summary and Edmonds ferry terminals dolphin
II. Background relocation project in Washington State. Summary of Request
III. Partial Rescission of Administrative DATES: This authorization is effective
Review
On October 4, 2017, WSDOT
IV. Scope of the Order
from October 1, 2018, through submitted a request to NMFS requesting
V. Discussion of the Methodology September 30, 2019. an IHA for the possible harassment of
VI. Recommendation FOR FURTHER INFORMATION CONTACT: small numbers of marine mammal
Shane Guan, Office of Protected species incidental to the dolphin
Appendix 2 Resources, NMFS, (301) 427–8401. relocation project at the Bremerton and
List of Companies Not Receiving Separate Electronic copies of the application and Edmonds ferry terminals in Washington
Rate Status supporting documents, as well as the State, between October 1, 2018, to
1. BC Tyre Group Limited issued IHA, may be obtained online at: September 30, 2019. NMFS determined
2. Best Choice International Trade Co., www.nmfs.noaa.gov/pr/permits/ that the IHA application is adequate and
Limited incidental/construction.htm. In case of complete on December 4, 2017, with a
3. Chen Shin Tire & Rubber (China) Co., Ltd. problems accessing these documents, few minor comments and questions.
4. Crown International Corporation please call the contact listed above. WSDOT subsequently addressed all
5. Hankook Tire China Co., Ltd. NMFS comments and submitted a
6. Hebei Tianrui Rubber Co., Ltd. SUPPLEMENTARY INFORMATION:
7. Hong Kong Tiancheng Investment &
revised IHA application on March 1,
Background 2018. NMFS is proposing to authorize
Trading Co., Limited
8. Hong Kong Tri-Ace Tire Co., Limited Sections 101(a)(5)(A) and (D) of the the take by Level B harassment of the
9. Hwa Fong Rubber (Hong Kong) Ltd. MMPA (16 U.S.C. 1361 et seq.) direct following marine mammal species:
10. Hwa Fong Rubber (Suzhou) Ltd. the Secretary of Commerce (as delegated Harbor seal (Phoca vitulina); northern
11. Qingdao Fullrun Tyre Corp. Ltd. to NMFS) to allow, upon request, the elephant seal (Mirounga angustirostris);
12. Qingdao Fullrun Tyre Tech Corp. Ltd. incidental, but not intentional, taking of California sea lion (Zalophus
daltland on DSKBBV9HB2PROD with NOTICES
13. Qingdao Nexen Tire Corporation small numbers of marine mammals by californianus); Steller sea lion
14. Qingdao Qianzhen Tyre Co., Ltd. U.S. citizens who engage in a specified (Eumetopias jubatus); killer whale
15. Qingdao Qihang Tyre Co., Ltd.
16. Qingdao Qizhou Rubber Co., Ltd.
activity (other than commercial fishing) (Orcinus orca); gray whale (Eschrichtius
17. Shandong Duratti Rubber Corporation within a specified geographical region if robustus); humpback whale (Megaptera
Co., Ltd. certain findings are made and either novaeangliae); minke whale
18. Shandong Haohua Tire Co., Ltd. regulations are issued or, if the taking is (Balaenoptera acutorostrata); harbor
19. Shandong Haolong Rubber Tire Co., Ltd. limited to harassment, a notice of a porpoise (Phocoena phocoena); Dall’s
VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1](https://thefederalregister.org/doc/83_FR_46069/page/5.svg)
Document Created: 2018-09-11 01:02:35
Document Modified: 2018-09-11 01:02:35
| 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 September 11, 2018. | |
| Contact | Toni Page, 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) 482-1398. | |
| FR Citation | 83 FR 45893 |
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