2018-14828. Certain New Pneumatic Off-The-Road Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review, 2015  

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    AGENCY:

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

    SUMMARY:

    The Department of Commerce (Commerce) 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 (China) to correct certain ministerial errors. The period of review (POR) is January 1, 2015, through December 31, 2015.

    DATES:

    Applicable July 11, 2018.

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    FOR FURTHER INFORMATION CONTACT:

    Chien-Min Yang, 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.

    End Further Info End Preamble Start Supplemental Information

    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 13, 2018, Commerce published its final results in the countervailing duty administrative review of certain new phenumatic off-the-road tires from China.[1] Guizhou Tyre Co., Ltd. and its affiliate, Guizhou Tyre Import and Export Co., Ltd. (collectively, Guizhou Tyre) timely filed a ministerial error allegation on April 23, 2018, claiming Commerce had improperly failed to include revised land values accepted at verification as minor corrections in the final calculations.[2]

    On May 2, 2018, Guizhou Tyre filed its complaint with the U.S. Court of International Trade (CIT) challenging the Final Results. On June 19, 2018, the United States sought leave from the CIT to address the ministerial error allegation and a related issue concerning a separate minor correction accepted at verification. On June 20, 2018, the court granted the United States' request.

    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.[3]

    Ministerial Errors

    Section 751(h) of the Act, and 19 CFR 351.224(f) defines 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.” Commerce has now determined that Guizhou Tyre's alleged error is a ministerial error under section 751(h) of the Act and 19 CFR 351.224(f). Specifically, we find that not incorporating revised values regarding the total price paid for certain parcels of land, which were accepted as minor corrections and verified at verification, in our final calculations is an inadvertent omission within the meaning of “ministerial error.” We have also determined that we made an additional ministerial error by inadvertently omitting revised loan interest payment data submitted by Guizhou Tyre as a minor correction at verification. To correct these errors, we are amending Guizhou Tyre's subsidy rate for its land-use rights program rate and its subsidy rate for its government policy lending program. See the Response to Ministerial Error Allegations for the revised program rates.[4] These changes result in a change to the net subsidy rate for Guizhou Tyre. Similarly, because the subsidy rate for the non-selected companies in Final Results[5]  was based on Guizhou Tyre's net subsidy rate, these changes also result in a change to the subsidy rate for the non-selected companies. For a complete discussion of the errors at issue, see the Response to Ministerial Error Allegations. The revised net subsidy rates are provided below.

    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, 2015, through December 31 2015, are as follows:

    Manufacturer/exporterSubsidy rate (percent ad valorem)
    Guizhou Tyre Co., Ltd. and/or Guizhou Tyre Import and Export Co., Ltd31.48
    Non Selected Companies 631.48

    Assessment Rates/Cash Deposits

    Normally Commerce would issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of the amended final results of review. However, as noted above, Guizhou Tyre has filed its complaint with the CIT challenging the Final Results on May 8, 2018, and on May 8, and June 1, 2018, the U.S. Court of International Trade preliminarily enjoined liquidation of certain entries that are subject to the Final Results.[7] Accordingly, Commerce will not instruct CBP to assess countervailing duties on those enjoined entries pending resolution of the associated litigation.

    Commerce 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 warehouse, for consumption on or after April 13, 2017, the date of publication of the Final Results. For all non-reviewed firms, we will instruct Start Printed Page 32079CBP 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 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)

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    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.

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    Appendix—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

    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. Yoho Holding

    104. Zheijiang Wheel World Industrial Co Ltd

    105. Zhejiang Xinchang Zhongya Industry Co., Ltd.

    106. Zhongce Rubber Group Company Limited

    107. ZPH Industrial Ltd

    End Supplemental Information

    Footnotes

    1.  See Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2015, 83 FR 16055 (April 13, 2018) (Final Results) and accompanying Issues and Decision Memorandum (Final Results IDM).

    Back to Citation

    2.  See Guizhou Tyre's letter to Commerce, “Ministerial Error Submission of Guizhou Tyre Certain New Pneumatic Off-the-Road Tires from China,” April 23, 2018 (Guizhou Tyre's Ministerial Error Allegation).

    Back to Citation

    3.  For a full description of the scope of the order, see Final Results IDM.

    Back to Citation

    4.  See Memorandum to the file, “Response to Ministerial Error Allegations in the Final Results,” dated concurrently with this notice.

    Back to Citation

    5.  See Final Results, 83 FR at 16055.

    Back to Citation

    6.  The appendix provides a list of the non-selected companies that are assigned this rate.

    Back to Citation

    7.  The U.S. Court of International Trade issued the preliminary injunctions in case numbers 18-00100 and 18-00108.

    Back to Citation

    [FR Doc. 2018-14828 Filed 7-10-18; 8:45 am]

    BILLING CODE 3510-DS-P

Document Information

Published:
07/11/2018
Department:
Commerce Department
Agency:
International Trade Administration
EntryType:
Notice
Document Number:
2018-14828
Dates:
Applicable July 11, 2018.
Pages:
32078-32079 (2 pages)
Docket Numbers:
C-570-913
SectionNoes:
PDF File:
2018-14828.pdf