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Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review, 2014

American Government Special Collections Reference Desk

American Government Cars in China

Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review, 2014

Gary Taverman
Department of Commerce
25 August 2017


[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Pages 40554-40556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18045]


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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: Amended Final Results of Countervailing Duty 
Administrative Review, 2014

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

SUMMARY: The Department of Commerce (the Department) is amending the 
final results of the countervailing duty administrative review of 
certain new pneumatic off-the-road tires from the People's Republic of 
China (PRC) to correct certain ministerial errors. The period of review 
(POR) is January 1, 2014, through December 31, 2014.

DATES: Applicable August 25, 2017.

[[Page 40555]]


FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Jack Zhao, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: 202-482-5484 and 202-482-1396, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.221(b)(5), on April 18, 2017, the 
Department published its final results in the countervailing duty 
administrative review of certain new phenumatic off-the-road tires from 
the PRC.\1\ Titan Tire Corporation (Titan) and the United Steel, Paper 
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union, AFL-CIO-CLC (the USW) 
(collectively, the petitioners) and Xuzhou Xugong Tyres Co. Ltd. 
(Xuzhou Xugong) timely alleged ministerial errors on April 21 and 24, 
2017.\2\ Xuzhou Xugong, the petitioners, and Guizhou Tyre Co., Ltd. 
(Guizhou Tyre) timely filed rebuttal comments on April 26 and 28, 
2017.\3\
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    \1\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2014, 82 FR 18285 (April 18, 2017) (Final 
Results) and accompanying Issues and Decision Memorandum (Final 
Results IDM).
    \2\ See Xuzhou Xugong's letter to the Department, ``Xuzhou 
Xugong Tyres Co., Ltd., (``Xugong''): Allegation of Ministerial 
Error for the Final Results of Countervailing Duty Administrative 
Review of New Pneumatic Off-The-Road Tires from the People's 
Republic of China,'' April 21, 2017, (Xuzhou Xugong's Ministerial 
Error Allegation); the petitioners' letter to the Department, 
``Seventh Administrative Review of the Countervailing Duty Order on 
Certain New Pneumatic Off-the-Road Tires from the People's Republic 
of China--Titan and USW's Ministerial Error Comments,'' April 24, 
2017 (Petitioners' Ministerial Error Allegation).
    \3\ See the petitioners' letter to the Department, ``Seventh 
Administrative Review of the Countervailing Duty Order on Certain 
New Pneumatic Off-the-Road Tires from the People's Republic of 
China--Titan and USW's Reply to Xugong's Allegation of Ministerial 
Error,'' April 26, 2017 (Petitioners' Rebuttal Comment); Xuzhou 
Xugong's letter to the Department, ``Xuzhou Xugong Tyres Co., Ltd., 
(``Xugong''): Rebuttal to Petitioners' Allegation of Ministerial 
Error for the Final Results of Countervailing Duty Administrative 
Review of New Pneumatic Off-The-Road Tires from the People's 
Republic of China,'' April 26, 2017, (Xuzhou Xugong's Rebuttal 
Comment); Guizhou Tyre's letter to the Department, ``GTC Rebuttal 
Comments on Petitioners' Ministerial Error Comments (re-file per 
ACCESS): Seventh Administrative Review of the Countervailing Duty 
Order on Certain Pneumatic Off-the-Road Tires from the People's 
Republic of China (C-570-913),'' April 28, 2017 (Guizhou Tyre's 
Rebuttal Comment).
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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, our 
written description of the scope, which is contained in the Issues and 
Decision Memorandum accompanying the Final Results, is dispositive.\4\
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    \4\ For a full description of the scope of the order, see Final 
Results IDM.
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Ministerial Errors

    Section 751(h) of the Act, and 19 CFR 351.224(f) define a 
``ministerial error'' as an error ``in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial.'' The Department finds 
that one of the ministerial errors alleged by the petitioners 
constitutes a ministerial error within the meaning of 19 CFR 
351.224(f).\5\ Specifically, we made a ministerial error with regard to 
the selection of a synthetic rubber benchmark for the calculation of 
the provison of synthetic rubber at less than adequate remuneration for 
Guizhou Tyre and Xuzhou Xugong. For a complete discussion of these 
alleged errors, see the Response to Ministerial Error Allegations.\6\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Response to Ministerial Error Allegations 
in the Final Results'' (Response to Ministerial Error Allegations) 
dated concurrently with this notice.
    \6\ Id.
---------------------------------------------------------------------------

    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results.\7\ Specifically, we are amending the 
net subsidy rates for Guizhou Tyre, Xuzhou Xugong, and the 44 companies 
for which a review was requested that were not selected as mandatory 
respondents (the non-selected companies).\8\ The revised net subsidy 
rates are provided below.
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    \7\ See Final Results, 82 FR at 18285.
    \8\ Consistent with the Final Results, see 82 at 18286, for the 
non-selected respondents, we assigned to the non-selected 
respondents the simple average of the amended net subsidy rates 
calculated for Guizhou Tyre and Xuzhou Xugong. We are using a 
simple, rather than a weighted, average due to inconsistent units of 
measure in the publicly ranged quantity and value data provided by 
Guizhou Tyre and Xuzhou Xugong.
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Amended Final Results

    As a result of correcting the ministerial errors, we determine that 
Guizhou Tyre's, Xuzhou Xugong's and the non-selected companies' total 
net countervailable subsidy rates for the period January 1, 2014, 
through December 31, 2014, are as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
------------------------------------------------------------------------
Guizhou Tyre Co., Ltd. and/or Guizhou Tyre Import and              37.57
 Export Co., Ltd........................................
Xuzhou Xugong Tyres Co. Ltd.............................           57.13
Non Selected Companies \9\..............................           47.35
------------------------------------------------------------------------

Assessment Rates/Cash Deposits

    The Department intends to issue appropriate assessment instructions 
to U.S. Customs and Border Protection (CBP) 15 days after the date of 
publication of these amended final results of review, to liquidate 
shipments of subject merchandise produced and/or exported by the 
respondent listed above entered, or withdrawn from, warehouses for 
consumption on or after January 1, 2014, through December 31, 2014. On 
May 10, 12, and 23, 2017, the U.S. Court of International Trade 
preliminarily enjoined liquidation of certain entries that are subject 
to the Final Results.\10\ Accordingly, the Department will not instruct 
CBP to assess countervailing duties on those enjoined entries pending 
resolution of the associated litigation.
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    \9\ Appendix II of the Final Results provides a list of the non-
selected companies that are assigned this rate. See Final Results, 
82 at 18286-87.
    \10\ The U.S. Court of International Trade issued the related 
preliminary injunctions in case numbers 17-00101, 17-00105, and 17-
00117, which are now consolidated, along with case number 17-00120, 
under lead case 17-00101.
---------------------------------------------------------------------------

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties, in the amount shown above 
for the companies listed above, on shipments of subject merchandise 
entered, or withdrawn from, warehouses for consumption on or after 
April 18, 2017, the date of publication of the Final Results. 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,

[[Page 40556]]

shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Disclosure

    We will disclose the calculations performed for these amended final 
results to interested parties within five business days of the date of 
the publication of this notice in accordance with 19 CFR 351.224(b).
    We are issuing and publishing these results in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: August 21, 2017.
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. 2017-18045 Filed 8-24-17; 8:45 am]
 BILLING CODE 3510-DS-P

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