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Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Rescission of 2015-2016 Antidumping Duty New Shipper Review

American Government Special Collections Reference Desk

American Government Cars in China

Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Rescission of 2015-2016 Antidumping Duty New Shipper Review

Ronald K. Lorentzen
Department of Commerce
26 June 2017


[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Notices]
[Pages 28823-28824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13287]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Final Rescission of 2015-2016 Antidumping Duty New 
Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) determines to 
rescind this new shipper review (NSR) of the antidumping duty (AD) 
order on passenger vehicle and light truck tires (passenger tires) from 
the People's Republic of China (the PRC). The period of review (POR) is 
August 1, 2015, through January 31, 2016. The NSR covers one exporter/
producer of subject merchandise, Shandong Xinghongyuan Tire Co., Ltd. 
(SXT).

DATES: Effective June 26, 2017.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, 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) 482-3857.

SUPPLEMENTARY INFORMATION: 

Background

    On January 31, 2017, the Department published notice of its 
preliminary rescission of this NSR pertaining to SXT for the period 
August 1, 2015, through January 31, 2016.\1\ On April 12, 2017, 2016, 
the Department extended the deadline for the final results to June 22, 
2017.\2\ For a complete description of the events that followed 
publication of the Preliminary Rescission, see the Issues and Decision 
Memorandum, which is dated concurrently with and hereby adopted by this 
notice.\3\ The Issues and Decision Memorandum is a public document and 
is available 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 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 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version are identical in content.
---------------------------------------------------------------------------

    \1\ See Passenger Vehicle and Light Truck Tires From the 
People's Republic of China: Preliminary Rescission of 2015-2016 
Antidumping Duty New Shipper Review, 82 FR 8824 (January 31, 2017) 
(Preliminary Rescission), and accompanying Department Memorandum, 
``Passenger Vehicle and Light Truck Tires From the People's Republic 
of China: Decision Memorandum for the Preliminary Rescission of the 
2015-2016 Antidumping Duty New Shipper Review,'' January 23, 2017 
(Preliminary Decision Memorandum).
    \2\ See Department Memorandum, ``Passenger Vehicle and Light 
Truck Tires from the People's Republic of China: Extension of 
Deadline for Final Results in Antidumping Duty New Shipper Review,'' 
April 12, 2017.
    \3\ See Department Memorandum, ``Passenger Vehicle and Light 
Truck Tires from the People's Republic of China: Issues and Decision 
Memorandum for the Final Rescission of the 2015-2016 Antidumping 
Duty New Shipper Review,'' June 22, 2017 (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The scope of this order covers passenger tires from the PRC. For a 
complete description of the scope, see the ``Scope of the Order'' 
section of the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ Id. at 2-4.
---------------------------------------------------------------------------

Analysis of Comments Received

    The Department received case and rebuttal briefs following 
publication of the Preliminary Rescission. All issues raised in the 
briefs are addressed in the Issues and Decision Memorandum.\5\ A list 
of topics included in the Issues and

[[Page 28824]]

Decision Memorandum is provided at the Appendix to this notice.
---------------------------------------------------------------------------

    \5\ Id. at 4-8.
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Final Rescission of New Shipper Review

    In the Preliminary Rescission, the Department announced its 
preliminary intent to rescind this review because SXT's request for an 
NSR included an inaccurately certified statement that SXT is not 
affiliated with any PRC exporter or producer that exported subject 
merchandise (i.e., passenger tires from the PRC) to the United States 
during the period of time examined in the original AD investigation 
(i.e., October 1, 2013, through March 31, 2014) and, as such, SXT had 
not satisfied the statutory and regulatory requirements to request an 
NSR.\6\ Based on the Department's complete analysis of all information 
and comments on the record of this review, we make no changes to our 
findings in the Preliminary Rescission. Accordingly, for the reasons 
discussed in the Preliminary Rescission and the Issues and Decision 
Memorandum, we have determined to rescind this NSR with respect to 
SXT.\7\
---------------------------------------------------------------------------

    \6\ See Preliminary Decision Memorandum at 5-8; see also Letter 
from SXT, ``Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: New Shipper Review Request,'' February 
25, 2016, at Exhibit 2 (certifying that ``since the investigation 
was initiated, {SXT{time}  has never been affiliated with any 
exporter or producer who exported the subject merchandise to the 
United States during the period of investigation including those not 
individually examined during the investigation'').
    \7\ See Preliminary Rescission, 82 FR at 8824; see also 
Preliminary Decision Memorandum at 3-8; Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

Assessment

    Because the Department is rescinding this NSR, we have not 
calculated a company-specific dumping margin for SXT. SXT's entries 
during the POR will be assessed at the cash deposit rate required at 
the time of entry, which is the ``PRC-wide'' rate (i.e., 76.46 
percent).

Cash Deposit Requirements

    Effective upon publication of this notice of the final rescission 
of this NSR, the Department will instruct U.S. Customs and Border 
Protection to require a cash deposit for entries of subject merchandise 
from SXT. The following cash deposit requirements will be effective 
upon publication of this rescission for all shipments of subject 
merchandise from SXT entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided for by 
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): 
(1) For subject merchandise produced and exported by SXT, the cash 
deposit rate will continue to be the all-others rate (i.e., 76.46 
percent); (2) for subject merchandise exported by SXT but not 
manufactured by SXT, the cash deposit rate will continue to be the all-
others rate (i.e., 76.46 percent); and (3) for subject merchandise 
manufactured by SXT but exported by any other party, the cash deposit 
rate will be the rate applicable to the exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice serves as a final reminder to importers 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
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, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 Department is issuing and publishing these results in 
accordance with sections 751(a)(2)(B) and 771(i)(1) of the Act and 19 
CFR 351.214 and 19 CFR 351.221(b)(5).

    Dated: June 20, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Issue 1: Acceptance of Unverified Submissions as ``Complete and 
Accurate''
    Issue 2: Evidence of Xingyuan Group's Exports During the POI
V. Recommendation

[FR Doc. 2017-13287 Filed 6-23-17; 8:45 am]
 BILLING CODE 3510-DS-P

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