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Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2015

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: Final Results of Countervailing Duty Administrative Review; 2015

Gary Taverman
Department of Commerce
13 April 2018


[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Notices]
[Pages 16055-16058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07721]


-----------------------------------------------------------------------

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; 2015

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

SUMMARY: On October 6, 2017, the Department of Commerce (Commerce) 
published the preliminary results of the administrative review of the 
countervailing duty order on certain new pneumatic off-the-road tires 
(OTR

[[Page 16056]]

Tires) from the People's Republic of China (China). In the final 
results, Commerce has made changes to the subsidy rates that were 
preliminary determined for Guizhou Tyre for the period of review (POR) 
from January 1, 2015, through December 31, 2015.

DATES: Applicable April 13, 2018.

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

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 October 6, 2017.\1\ In this 
review we individually examined two companies as mandatory respondents: 
Guizhou Tyre Co., Ltd. (Guizhou Tyre) and Xuzhou Xugong Tyres Co., Ltd. 
(Xuzhou Xugong). The period of review (POR) is January 1, 2015, through 
December 31, 2015. In the Preliminary Results we preliminarily applied 
total adverse facts available with regard to Xuzhou Xugong after it 
withdrew from participating in this review.\2\ No interested party 
commented on Commerce's preliminary determination with respect to 
Xuzhou Xugong. Accordingly, our determination remains unchanged for 
these final results. However, based on an analysis of the comments 
received, Commerce has made certain changes to the subsidy rates that 
were preliminary determined for Guizhou Tyre. The final subsidy rates 
are listed in the ``Final Results of Administrative Review'' section 
below.
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-The-Road Tires from the 
People's Republic of China: Preliminary Results of Countervailing 
Duty Administrative Review; 2015, 82 FR 46754 (October 6, 2017) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See PDM at 7-8.
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
Accordingly, the revised deadline for the final results of this review 
was tolled to April 9, 2018.

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, which is contained in the 
accompanying Issues and Decision Memorandum, is dispositive.\3\
---------------------------------------------------------------------------

    \3\ For a full description of the scope of the order, see 
Memorandum from 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, to Gary Taverman, Deputy Assistant 
Secretary for Enforcement and Compliance performing the duties of 
Assistant Secretary for Enforcement and Compliance, ``Issues and 
Decision Memorandum for the Final Results in the Countervailing Duty 
Review of Certain New Pneumatic Off-the-Road Tires from the People's 
Republic of China; 2015,'' dated concurrently with this notice and 
herein incorporated by reference (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    The issues raised by Guizhou Tyre, the Government of the People's 
Republic of China (GOC), and 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) in their case and rebuttal briefs 
are addressed in the Issues and Decision Memorandum.\4\ The issues are 
identified in the Appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file 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 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 directly on the internet at http://trade.gov/enforcement/frn/index.html. The signed Issues and Decision Memorandum and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum at 9-14.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on the comments received from all interested parties, we have 
made revisions to some of our benefit calculations for Guizhou Tyre. 
For a discussion of these issues, see the Issues and Decision 
Memorandum.

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.\5\ For a description of the methodology 
underlying all of Commerce's conclusions, see the Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \5\ 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.
---------------------------------------------------------------------------

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), we determined a 
countervailable subsidy rate for the period January 1, 2015, through 
December 31, 2015, for Guizhou Tyre, and a rate based on total AFA for 
Xuzhou Xugong. For the companies for which a review was requested but 
not selected for individual examination as mandatory respondents and 
which we are not finding to be cross-owned with the mandatory company 
respondents, we followed Commerce's practice, pursuant to 
705(c)(5)(A)(i) of the Act, which is to base the subsidy rates on an 
average of the subsidy rates calculated, excluding de minimis rates or 
rates based entirely on adverse facts available.\6\ Therefore, we are 
basing the subsidy rate for the non-selected companies on the subsidy 
rate calculated for Guizhou Tyre. For a list of these non-selected 
companies, please see Appendix II to this notice.
---------------------------------------------------------------------------

    \6\ See, e.g., Certain Pasta from Italy: Preliminary Results of 
the 13th (2008) Countervailing Duty Administrative Review, 75 FR 
18806, 18811 (April 13, 2010) unchanged in Certain Pasta from Italy: 
Final Results of the 13th (2008) Countervailing Duty Administrative 
Review, 75 FR 37386 (June 29, 2010).
---------------------------------------------------------------------------

    We find the countervailable subsidy rates for the producers/
exporters under review to be as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
------------------------------------------------------------------------
Guizhou Tyre Co., Ltd./Guizhou Tyre Import & Export Co.,           31.49
 Ltd....................................................
Xuzhou Xugong Tyres Co., Ltd............................           91.94
Non-Selected Companies Under Review.....................           31.49
------------------------------------------------------------------------


[[Page 16057]]

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, 2015, through 
December 31, 2015, 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: April 9, 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 I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
    A. Case History
    B. Period of Review
III. Scope of the Investigation
IV. Changes Since the Preliminary Results
V. Non-Selected Companies Under Review
VI. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Denominator
    D. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
    A. Programs Determined To Be Countervailable
    B. Programs Determined To Be Not Used During the POR
    C. Programs Determined To Provide No Benefit During the POR
IX. Final Results of Review
X. Analysis of Comments
    Comment 1 Whether Commerce Should Use Guizhou Tyre's Imports as 
Tier 1 Benchmarks for Synthetic Rubber
    Comment 2 Whether Certain Benchmarks Used by Commerce in the 
Preliminary Results Double-Counted Freight and Import Duties
    Comment 3 Whether Commerce Should Countervail Certain Synthetic 
Rubber Produced by Certain Foreign Companies
    Comment 4 Whether Commerce Should Find the Export Buyer's Credit 
Program Used in This Case
    Comment 5 Whether the GOC's Import Duty and VAT Exemptions on 
Imports of Raw Materials Program (Processing Trade Program) Is 
Countervailable
VIII. Conclusion
Appendix

Appendix II

Non-Selected Companies

1. Aeolus Tyre Co., Ltd.
2. Air Sea Transport Inc
3. Air Sea Worldwide Logistics Ltd
4. AM Global Shipping Lines
5. Apex Maritime Co Ltd
6. Apex Maritime Thailand Co Ltd
7. BDP Intl LTD China
8. Beijing Kang Jie Kong Intl Cargo Agent Co Ltd
9. C&D Intl Freight Forward Inc
10. Caesar Intl Logistics Co Ltd
11. Caterpillar & Paving Products Xuzhou Ltd
12. CH Robinson Freight Services China LTD
13. Changzhou Kafurter Machinery Co Ltd
14. Cheng Shin Rubber (Xiamen) Ind Ltd
15. China Intl Freight Co Ltd
16. Chonche Auto Double Happiness Tyre Corp Ltd
17. City Ocean Logistics Co Ltd
18. Consolidator Intl Co Ltd
19. Crowntyre Industrial Co. Ltd
20. CTS Intl Logistics Corp
21. Daewoo Intl Corp
22. De Well Container Shipping Inc
23. Double Coin Holdings Ltd; Double Coin Group Shanghai Donghai 
Tyre Co., Ltd; and Double Coin Group Rugao Tyre Co., Ltd. 
(collectively ``Double Coin'')
24. England Logistics (Qingdao) Co Ltd
25. Extra Type Co Ltd
26. Fedex International Freight Forwarding Services Shanghai Co Ltd
27. FG Intl Logistics Ltd
28. Global Container Line
29. Honour Lane Shipping
30. Innova Rubber Co., Ltd.
31. Inspire Intl Enterprise Co Ltd
32. JHJ Intl Transportation Co
33. Jiangsu Feichi Co. Ltd.
34. Kenda Rubber (China) Co Ltd
35. KS Holding Limited/KS Resources Limited
36. Laizhou Xiongying Rubber Industry Co., Ltd.
37. Landmax Intl Co Ltd
38. LF Logistics China Co Ltd
39. Mai Shandong Radial Tyre Co., Ltd.
40. Maine Industrial Tire LLC
41. Master Intl Logistics Co Ltd
42. Melton Tire Co. Ltd
43. Merityre Specialists Ltd
44. Mid-America Overseas Shanghai Ltd
45. Omni Exports Ltd
46. Orient Express Container Co Ltd
47. Oriental Tyre Technology Limited
48. Pudong Prime Intl Logistics Inc
49. Q&J Industrial Group Co Ltd
50. Qingdao Aotai Rubber Co Ltd
51. Qingdao Apex Shipping
52. Qingdao Chengtai Handtruck Co Ltd
53. Qingdao Chunangtong Founding Co Ltd
54. Qingdao Free Trade Zone Full-World International Trading Co., 
Ltd.
55. Qingdao Haojia (Xinhai) Tyre Co.
56. Qingdao Haomai Hongyi Mold Co Ltd
57. Qingdao J&G Intl Trading Co Ltd
58. Qingdao Jinhaoyang International Co. Ltd
59. Qingdao Kaoyoung Intl Logistics Co Ltd
60. Qingdao Milestone Tyres Co Ltd.
61. Qingdao Nexen Co Ltd
62. Qingdao Qihang Tyre Co.
63. Qingdao Qizhou Rubber Co., Ltd.
64. Qingdao Shijikunyuan Intl Co Ltd
65. Qingdao Sinorient International Ltd.
66. Qingdao Taifa Group Imp. And Exp. Co., Ltd./Qingdao Taifa Group 
Co., Ltd.
67. Qingdao Wonderland
68. Qingdao Zhenhua Barrow Manufacturing Co., Ltd.
69. Rich Shipping Company
70. RS Logistics Ltd
71. Schenker China Ltd
72. Seastar Intl Enterprise Ltd
73. SGL Logistics South China Ltd
74. Shandong Huitong Tyre Co., Ltd.
75. Shandong Linglong Tyre Co., Ltd.
76. Shandong Taishan Tyre Co. Ltd.
77. Shanghai Cartec Industrial & Trading Co Ltd
78. Shanghai Grand Sound Intl Transportation Co Ltd
79. Shanghai Hua Shen Imp & Exp Co Ltd
80. Shanghai Part-Rich Auto Parts Co Ltd
81. Shanghai TCH Metals & Machinery Co Ltd
82. Shantou Zhisheng Plastic Co Ltd
83. Shiyan Desizheng Industry & Trade Co., Ltd.
84. Techking Tires Limited
85. Thi Group (Shanghai) Ltd
86. Tianjin Leviathan International Trade Co., Ltd.
87. Tianjin United Tire & Rubber International Co., Ltd.
88. Tianjin Wanda Tyre Group Co.
89. Tianshui Hailin Import and Export Corporation
90. Tiremart Qingdao Inc
91. Translink Shipping Inc

[[Page 16058]]

92. Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.
93. Trelleborg Wheel Systems Hebei Co
94. Triangle Tyre Co. Ltd.
95. Universal Shipping Inc
96. UTI China Ltd
97. Weifang Jintongda Tyre Co., Ltd.
98. Weihai Zhongwei Rubber Co., Ltd.
99. Weiss-Rohlig China Co Ltd
100. World Bridge Logistics Co Ltd
101. World Tyres Ltd.
102. Xiamen Ying Hong Import & Export Trade Co Ltd
103. Xuzhou Xugong Tyres Co Ltd; Xuzhou Armour Rubber Company Ltd.; 
HK Lande International Investment Limited; Armour Tires Inc. 
(collectively ``Xugong'')
104. Yoho Holding
105. Zheijiang Wheel World Industrial Co Ltd
106. Zhejiang Xinchang Zhongya Industry Co., Ltd.
107. Zhongce Rubber Group Company Limited
108. ZPH Industrial Ltd

[FR Doc. 2018-07721 Filed 4-12-18; 8:45 am]
 BILLING CODE 3510-DS-P

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