Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2016
| Published date | 26 December 2018 |
| Record Number | 2018-27863 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 83 Issue 246 (Wednesday, December 26, 2018)
[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Page 66243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27863]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-913]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of Countervailing Duty Administrative
Review; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that Tianjin
Leviathan International Trade Co., Ltd. (Tianjin Leviathan) received
countervailable subsidies during the period of review (POR) January 1,
2016, through December 31, 2016.
DATES: Applicable December 26, 2018.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and Compliance, U.S. Department of Commerce,
1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202)
482-5484.
Background
Commerce published the preliminary results of the administrative
review of the countervailing duty order on certain new pneumatic off-
the-road tires (OTR Tires) from China on July 11, 2018.\1\ The period
of review (POR) is January 1, 2016, through December 31, 2016. In the
Preliminary Results, Commerce partially rescinded the administrative
review with respect to two companies and preliminarily applied total
adverse facts available (AFA) with regard to Tianjin Leviathan because
it failed to submit a timely response to Commerce's questionnaire.\2\
No interested party commented on Commerce's preliminary results.
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\1\ See Certain New Pneumatic Off-The-Road Tires from the
People's Republic of China: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2016, 83 FR
32080 (July 11, 2018) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See PDM at 5-6.
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Scope of the Order
The products covered by the scope are new pneumatic tires designed
for off-the-road (OTR) and off-highway use. The subject merchandise is
currently classifiable under Harmonized Tariff Schedule of the United
States (``HTSUS'') subheadings: 4011.20.10.25, 4011.20.10.35,
4011.20.50.30, 4011.20.50.50, 4011.70.0010, 4011.62.00.00,
4011.80.1020, 4011.90.10, 4011.70.0050, 4011.80.1010, 4011.80.1020,
4011.80.2010, 4011.80.2020, 4011.80.8010, and 4011.80.8020. While HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope is dispositive.\3\
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\3\ For a full description of the scope of the order, see PDM.
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs we found to be countervailable, we determined
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\4\
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Final Results of Administrative Review
Our determination to apply AFA in determining a net subsidy rate
for Tianjin Leviathan remains unchanged for these final results.
However, we have updated the AFA subsidy rates assigned to various
programs, which results in an updated net subsidy rate of 129.72
percent.\5\
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\5\ See Memorandum to Thomas Gilgunn, Program Manager,
Antidumping and Countervailing Duty Operations, Office VII, ``Final
Results of the Countervailing Duty Administrative Review of Certain
New Pneumatic Off-the-Road Tires from the People's Republic of
China: Revised Rates for the Application of Adverse Facts Available
for Tianjin Leviathan International Trade Co., Ltd.,'' dated
concurrently with this notice.
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Assessment and Cash Deposit Requirements
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
appropriate instructions to U.S. Customs and Border Protection (CBP) 15
days after publication of the final results of this review. Commerce
will instruct CBP to liquidate shipments of subject merchandise
produced and/or exported by the companies listed above, entered or
withdrawn from warehouse, for consumption from January 1, 2016, through
December 31, 2016, at the percent rates, as listed above for each of
the respective companies, of the entered value.
Commerce intends also to instruct CBP to collect cash deposits of
estimated countervailing duties, in the amounts shown above for each of
the respective companies shown above, on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. For
all non-reviewed firms, we will instruct CBP to continue to collect
cash deposits at the most-recent company-specific or all-others rate
applicable to the company, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibilities
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.
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 14, 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.
[FR Doc. 2018-27863 Filed 12-21-18; 8:45 am]
BILLING CODE 3510-DS-P
