[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Notices]
[Pages 8824-8825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01996]
[[Page 8824]]
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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: Preliminary 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) is conducting
a 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 NSR covers one exporter/
producer of subject merchandise, Shandong Xinghongyuan Tire Co., Ltd.
(SXT). The period of review (POR) is August 1, 2015, through January
31, 2016. The Department preliminarily determines that SXT did not
satisfy the regulatory requirements to request an NSR, and, therefore,
we are preliminarily rescinding this NSR. Interested parties are
invited to comment on the preliminary results of this review.
DATES: Effective January 31, 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 June 6, 2016, the Department published notice of initiation of
an NSR of passenger tires from the PRC for the period August 1, 2015,
through January 31, 2016.\1\ On October 27, 2016, the Department
extended the deadline for the preliminary results to January 23,
2017.\2\
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\1\ See Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Initiation of Antidumping Duty New
Shipper Review; 2015-2016, 81 FR 36265 (June 6, 2016).
\2\ See Department Memorandum, ``Passenger Vehicle and Light
Truck Tires from the People's Republic of China: Extension of
Deadline for Preliminary Results in Antidumping Duty New Shipper
Review,'' October 27, 2016.
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Scope of the Order
The product covered by this order is passenger tires from the PRC.
For a complete description of the scope, see the Appendix to this
notice.
On June 3, 2016, American Omni Trading Company, LLC (American Omni)
and Unicorn Tire Corporation (Unicorn Tire) requested clarification of
a prior ruling regarding the scope of the order.\3\ The Department
issued a preliminary clarification on October 20, 2016,\4\ and
subsequently received comments in support of the clarification from
American Omni and Unicorn Tire.\5\ Accordingly, the Department
finalized the clarification, with no modifications, on November 29,
2016.\6\
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\3\ See Department Memorandum, ``Antidumping Duty New Shipper
Review of Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Placing Scope Ruling Request on the Record,''
August 2, 2016, at Attachment.
\4\ See Department Memorandum, ``Antidumping Duty New Shipper
Review of Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Preliminary Clarification of Scope Ruling,''
October 20, 2016.
\5\ See Letter from American Omni and Unicorn Tire, ``Passenger
Vehicle and Light Truck Tires from the People's Republic of China:
Comments on Preliminary Clarification of Scope Ruling,'' October 27,
2016.
\6\ See Department Memorandum, ``Antidumping Duty New Shipper
Review of Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Final Clarification of Scope Ruling,'' November
29, 2016.
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Methodology
The Department is conducting this review in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum, which is hereby adopted by this notice.\7\ The
Preliminary Decision Memorandum is a public document that 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
in the Central Records Unit, Room B8024, of the Department's main
building. A complete version of the Preliminary Decision Memorandum can
also be accessed at http://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
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\7\ See Department Memorandum, ``Passenger Vehicle and Light
Truck Tires from the People's Republic of China: Preliminary
Rescission of Antidumping Duty New Shipper Review,'' January 23,
2017 (Preliminary Decision Memorandum).
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Preliminary Rescission of the Antidumping Duty New Shipper Review
The Department preliminarily finds that, based on substantial
evidence on the record, SXT has not satisfied the statutory and
regulatory requirements to request an NSR. Specifically, the Department
finds that SXT's request for an NSR was based on the inaccurately
certified statement that SXT is not affiliated with any PRC exporter or
producer that exported subject merchandise to the United States during
the period of time examined in the original AD investigation (i.e.,
October 1, 2013, through March 31, 2014).\8\ Further analysis of SXT's
corporate affiliations and the factual information underlying this
preliminary rescission is provided in the Preliminary Decision
Memorandum.
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\8\ See Antidumping Duty Investigation of Certain Passenger
Vehicle and Light Truck Tires from the People's Republic of China:
Final Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, in Part, 80 FR
34893, 34894 (June 18, 2015); 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'').
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Public Comment
Interested parties may submit case briefs or other written comments
no later than 30 days after the publication of these preliminary
results in the Federal Register.\9\ Rebuttal briefs, limited to issues
raised in the case briefs, may be submitted no later than five days
after the deadline for case briefs.\10\
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\9\ See 19 CFR 351.309(c)(1)(i).
\10\ See 19 CFR 351.309(d)(1).
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Interested parties who wish to request a hearing must submit a
written request within 30 days of the publication of these preliminary
results in the Federal Register.\11\ Such requests should contain the
party's name, address, and telephone number, as well as the number of
participants and a list of the issues to be discussed. Oral arguments
will be limited to issues raised in the case and rebuttal briefs. If a
request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, at a date, time, and location to be
determined. Parties will be notified of the date, time, and location of
any hearing.
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\11\ See 19 CFR 351.310(c).
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Parties must file their case briefs and rebuttal briefs, as well as
any requests for a hearing, electronically, using ACCESS.
Electronically filed documents must be successfully received in their
entirety via ACCESS no later than 5:00
[[Page 8825]]
p.m. Eastern Time on the abovementioned deadlines.\12\
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\12\ See 19 CFR 351.303(b)(1).
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The Department intends to issue the final results of this NSR,
which will include an analysis of any issues raised in briefs, no more
than 90 days after the release of these preliminary results, pursuant
to section 751(a)(2)(B) of the Act.
Assessment Rates
If the Department proceeds to a final rescission of SXT's NSR, the
assessment rate to which SXT's shipments will be subject will not be
affected by this review. The Department, however, initiated an
administrative review of the AD order on passenger tires from the PRC
covering numerous exporters for the period of January 27, 2015, through
July 31, 2016, which encompasses the period covered by this NSR.\13\
Therefore, if the Department proceeds to a final rescission, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend subject merchandise exported by SXT and entered into the United
States during the period August 1, 2015, through January 31, 2016,
until CBP receives instructions relating to the abovementioned
administrative review of this order.
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\13\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 71061, 71065 (October 14, 2016)
(Administrative Review Initiation Notice). Although SXT is not
listed in the Administrative Review Initiation Notice, the company
subsequently applied for a separate rate. See Letter from SXT,
``Administrative Review of Antidumping Duty Order on Passenger
Vehicle and Light Truck Tires from China; Application for Separate
Rate,'' November 14, 2016.
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If the Department does not proceed to a final rescission of this
NSR, pursuant to 19 CFR 351.212(b)(1), we will calculate an importer-
specific assessment rate based on the final results of this review. In
accordance with the Department's assessment practice in non-market
economy proceedings, however, the Department will instruct CBP to
liquidate entries that were not reported in SXT's U.S. sales database
at the PRC-wide rate.
Cash Deposit Requirements
Effective upon publication of the final rescission or the final
results of this NSR, the Department will instruct CBP to discontinue
the option of posting bond or security in lieu of a cash deposit for
entries of SXT's subject merchandise. If the Department proceeds to a
final rescission of this NSR, the cash deposit rate for SXT will
continue to be the PRC-wide rate because the Department will not have
determined an individual dumping margin for SXT. If the Department
issues final results for this NSR, the Department will instruct CBP to
collect cash deposits, effective upon publication of the final results,
at the rates established therein.
Notification to Importers
This notice serves as a preliminary 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.
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(2)(B) and 771(i)(1) of the Act.
Dated: January 23, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-01996 Filed 1-30-17; 8:45 am]
BILLING CODE 3510-DS-P