Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 71091 

10 In these preliminary results, the Department 

applied the assessment rate calculation method 

adopted in Antidumping Proceedings: Calculation 

of the Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101 

(February 14, 2012). 

11For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

12See LTFV Final Determination, 75 FR at 60729. 

5 p.m. Eastern Time in order for it to 

have been submitted timely on that day. 

The Department intends to issue the 

final results of this administrative 

review, which will include the results of 

its analysis of issues raised in any 

written comments, within 120 days of 

publication of these preliminary results 

unless extended, pursuant to section 

751(a)(3)(A) of the Act. 

Assessment Rates 

Upon issuing the final results of the 

review, the Department shall determine, 

and U.S. Customs and Border Protection 

(‘‘CBP’’) shall assess, antidumping 

duties on all appropriate entries. The 

Department intends to issue assessment 

instructions to CBP 15 days after the 

date of publication of the final results of 

review. For any individually examined 

respondents whose weighted-average 

dumping margin is not zero or de 

minimis (i.e., less than 0.5 percent), the 

Department will calculate importerspecific ad valorem duty assessment 

rates based on the ratio of the total 

amount of dumping calculated for the 

importer’s examined sales to the total 

entered value of those same sales in 

accordance with 19 CFR 351.212(b)(1).10

For respondents not individually 

examined for this review, their ad 

valorem assessment rate will be equal to 

their weighted-average dumping margin 

established in the final results of review. 

The Department will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review when the importer-specific 

assessment rate calculated in the final 

results of this review is not zero or de 

minimis. Where either the respondent’s 

weighted-average dumping margin is 

zero or de minimis, or an importerspecific assessment rate is zero or de 

minimis, the Department will instruct 

CBP to liquidate the appropriate entries 

without regard to antidumping duties. 

The Department announced a 

refinement to its assessment practice in 

NME cases. Pursuant to this refinement 

in practice, for entries that were not 

reported in the U.S. sales databases 

submitted by companies individually 

examined during this review, the 

Department will instruct CBP to 

liquidate such entries at the PRC-wide 

rate. In addition, if the Department 

determines that an exporter under 

review had no shipments of the subject 

merchandise, any suspended entries 

that entered under that exporter’s case 

number (i.e., at that exporter’s rate) will 

be liquidated at the PRC-wide rate.11

The final results of this review shall 

be the basis for the assessment of 

antidumping duties on entries of 

merchandise covered by the final results 

of this review and for future deposits of 

estimated antidumping duties. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for shipments of 

the subject merchandise from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Act: (1) For the 

exporters listed above, the cash deposit 

rate will be equal to the weightedaverage dumping margin established in 

the final results of this review (except, 

if the rate is de minimis, then the cash 

deposit rate will be zero for that 

exporter); (2) for previously investigated 

or reviewed PRC and non-PRC exporters 

not listed above that have separate rates, 

the cash deposit rate will continue to be 

the exporter-specific rate published for 

the most recently completed segment of 

this proceeding; (3) for all PRC exporters 

of subject merchandise that have not 

been found to be entitled to a separate 

rate, the cash deposit rate will be 60.85 

percent, which is the rate for the PRCwide entity; 12 and (4) for all non-PRC 

exporters of subject merchandise which 

have not received their own rate, the 

cash deposit rate will be the rate 

applicable to the PRC exporter that 

supplied that non-PRC exporter. These 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

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 

review period. Failure to comply with 

this requirement could result in the CBP 

assessing double antidumping duties 

based on the Department’s presumption 

that antidumping duties were 

reimbursed. 

Notification to Interested Parties 

This administrative review and notice 

are in accordance with sections 

751(a)(1) and 777(i) of the Act and 19 

CFR 351.213. 

Dated: November 21, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

1. Summary 

2. Background 

3. Scope of the Order 

4. Discussion of the Methodology 

5. Partial Rescission of Administrative 

Review 

6. Non-Market Economy Country Status 

7. Separate Rates 

8. PRC-Wide Entity 

9. Surrogate Country 

10. Date of Sale 

11. Fair Value Comparisons 

12. Determination of Comparison Method 

13. Export Price 

14. Constructed Export Price 

15. Value Added Tax 

16. Normal Value 

17. Factor Valuations 

18. Currency Conversion 

19. Recommendation 

[FR Doc. 2014–28255 Filed 11–28–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Five-Year (‘‘Sunset’’) 

Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In accordance with section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) is 

automatically initiating the five-year 

review (‘‘Sunset Review’’) of the 

antidumping and countervailing duty 

(‘‘AD/CVD’’) orders listed below. The 

International Trade Commission (‘‘the 

Commission’’) is publishing 

concurrently with this notice its notice 

of Institution of Five-Year Review which 

covers the same orders. 

DATES: Effective Date: December 1, 2014. 

FOR FURTHER INFORMATION CONTACT: The 

Department official identified in the 

Initiation of Review section below at 

AD/CVD Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230. 

For information from the Commission 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
71092 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 

2See also Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011). 

3See section 782(b) of the Act. 

4See Certification of Factual Information To 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (‘‘Final Rule’’) (amending 19 CFR 

351.303(g)). 

contact Mary Messer, Office of 

Investigations, U.S. International Trade 

Commission at (202) 205–3193. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of 

Antidumping and Countervailing Duty 

Orders, 63 FR 13516 (March 20, 1998) 

and 70 FR 62061 (October 28, 2005). 

Guidance on methodological or 

analytical issues relevant to the 

Department’s conduct of Sunset 

Reviews is set forth in Antidumping 

Proceedings: Calculation of the 

Weighted-Average Dumping Margin and 

Assessment Rate in Certain 

Antidumping Duty Proceedings; Final 

Modification, 77 FR 8101 (February 14, 

2012). 

Initiation of Review 

In accordance with 19 CFR 

351.218(c), we are initiating Sunset 

Reviews of the following antidumping 

and countervailing duty orders: 

DOC case No. ITC case No. Country Product Department contact 

A–570–943 1 ..... 731–TA–1159 ... PRC Oil Country Tubular Goods (1st Review) ........... Jacqueline Arrowsmith, (202) 482–5255. 

C–570–944 ....... 701–TA–463 ..... PRC Oil Country Tubular Goods (1st Review) ........... David Goldberger, (202) 482–4136. 

1On November 3, 2014, the Department published the Antidumping or Countervailing Duty Order, Finding or Suspended Investigation; Advance Notification of Sunset Reviews, which listed the wrong case number for the antidumping duty order on Oil Tubular Goods from the PRC. 

See 79 FR 65189 (November 3, 2014). The correct case number for this case is A–570–943, as listed above. 

Filing Information 

As a courtesy, we are making 

information related to sunset 

proceedings, including copies of the 

pertinent statute and Department’s 

regulations, the Department’s schedule 

for Sunset Reviews, a listing of past 

revocations and continuations, and 

current service lists, available to the 

public on the Department’s Web site at 

the following address: ‘‘http://

enforcement.trade.gov/sunset/.’’ All 

submissions in these Sunset Reviews 

must be filed in accordance with the 

Department’s regulations regarding 

format, translation, and service of 

documents. These rules, including 

electronic filing requirements via 

Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(‘‘IA ACCESS’’), can be found at 19 CFR 

351.303.2

Revised Factual Information 

Requirements 

This notice serves as a reminder that 

any party submitting factual information 

in an AD/CVD proceeding must certify 

to the accuracy and completeness of that 

information.3 Parties are hereby 

reminded that revised certification 

requirements are in effect for company/ 

government officials as well as their 

representatives in all AD/CVD 

investigations or proceedings initiated 

on or after August 16, 2013.4 The 

formats for the revised certifications are 

provided at the end of the Final Rule. 

The Department intends to reject factual 

submissions if the submitting party does 

not comply with the revised 

certification requirements. 

On April 10, 2013, the Department 

published Definition of Factual 

Information and Time Limits for 

Submission of Factual Information: 

Final Rule, 78 FR 21246 (April 10, 

2013), which modified two regulations 

related to antidumping and 

countervailing duty proceedings: The 

definition of factual information (19 

CFR 351.102(b)(21)), and the time limits 

for the submission of factual 

information (19 CFR 351.301). The final 

rule identifies five categories of factual 

information in 19 CFR 351.102(b)(21), 

which are summarized as follows: (i) 

Evidence submitted in response to 

questionnaires; (ii) evidence submitted 

in support of allegations; (iii) publicly 

available information to value factors 

under 19 CFR 351.408(c) or to measure 

the adequacy of remuneration under 19 

CFR 351.511(a)(2); (iv) evidence placed 

on the record by the Department; and (v) 

evidence other than factual information 

described in (i)–(iv). The final rule 

requires any party, when submitting 

factual information, to specify under 

which subsection of 19 CFR 

351.102(b)(21) the information is being 

submitted and, if the information is 

submitted to rebut, clarify, or correct 

factual information already on the 

record, to provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct. The 

final rule also modified 19 CFR 351.301 

so that, rather than providing general 

time limits, there are specific time limits 

based on the type of factual information 

being submitted. These modifications 

are effective for all segments initiated on 

or after May 10, 2013. Review the final 

rule, available at http://

enforcement.trade.gov/frn/2013/

1304frn/2013-08227.txt, prior to 

submitting factual information in this 

segment. To the extent that other 

regulations govern the submission of 

factual information in a segment (such 

as 19 CFR 351.218), these time limits 

will continue to be applied. 

Revised Extension of Time Limits 

Regulation 

On September 20, 2013, the 

Department modified its regulation at 19 

CFR 351.302(c) concerning the 

extension of time limits for submissions 

in antidumping and countervailing duty 

proceedings: Extension of Time Limits, 

78 FR 57790 (September 20, 2013). The 

modification clarifies that parties may 

request an extension of time limits 

before a time limit established under 

part 351 of the Department’s regulations 

expires, or as otherwise specified by the 

Secretary. In general, an extension 

request will be considered untimely if it 

is filed after the time limit established 

under part 351 expires. For submissions 

which are due from multiple parties 

simultaneously, an extension request 

will be considered untimely if it is filed 

after 10:00 a.m. on the due date. Under 

certain circumstances, the Department 

may elect to specify a different time 

limit by which extension requests will 

be considered untimely for submissions 

which are due from multiple parties 

simultaneously. In such a case, the 

Department will inform parties in the 

letter or memorandum setting forth the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. This 

modification also requires that an 

extension request must be made in a 

separate, stand-alone submission, and 

clarifies the circumstances under which 

the Department will grant untimelyfiled requests for the extension of time 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 71093 

5See 19 CFR 351.218(d)(1)(iii). 

1See 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. 

limits. These modifications are effective 

for all segments initiated on or after 

October 21, 2013. Review the final rule, 

available at http://www.gpo.gov/fdsys/

pkg/FR-2013-09-20/html/2013- 

22853.htm, prior to submitting factual 

information in these segments. 

Letters of Appearance and 

Administrative Protective Orders 

Pursuant to 19 CFR 351.103(d), the 

Department will maintain and make 

available a public service list for these 

proceedings. Parties wishing to 

participate in any of these five-year 

reviews must file letters of appearance 

as discussed at 19 CFR 351.103(d)). To 

facilitate the timely preparation of the 

public service list, it is requested that 

those seeking recognition as interested 

parties to a proceeding submit an entry 

of appearance within 10 days of the 

publication of the Notice of Initiation. 

Because deadlines in Sunset Reviews 

can be very short, we urge interested 

parties who want access to proprietary 

information under administrative 

protective order (‘‘APO’’) to file an APO 

application immediately following 

publication in the Federal Register of 

this notice of initiation. The 

Department’s regulations on submission 

of proprietary information and 

eligibility to receive access to business 

proprietary information under APO can 

be found at 19 CFR 351.304–306. 

Information Required From Interested 

Parties 

Domestic interested parties, as 

defined in section 771(9)(C), (D), (E), (F), 

and (G) of the Act and 19 CFR 

351.102(b), wishing to participate in a 

Sunset Review must respond not later 

than 15 days after the date of 

publication in the Federal Register of 

this notice of initiation by filing a notice 

of intent to participate. The required 

contents of the notice of intent to 

participate are set forth at 19 CFR 

351.218(d)(1)(ii). In accordance with the 

Department’s regulations, if we do not 

receive a notice of intent to participate 

from at least one domestic interested 

party by the 15-day deadline, the 

Department will automatically revoke 

the order without further review.5

If we receive an order-specific notice 

of intent to participate from a domestic 

interested party, the Department’s 

regulations provide that all parties 

wishing to participate in a Sunset 

Review must file complete substantive 

responses not later than 30 days after 

the date of publication in the Federal 

Register of this notice of initiation. The 

required contents of a substantive 

response, on an order-specific basis, are 

set forth at 19 CFR 351.218(d)(3). Note 

that certain information requirements 

differ for respondent and domestic 

parties. Also, note that the Department’s 

information requirements are distinct 

from the Commission’s information 

requirements. Consult the Department’s 

regulations for information regarding 

the Department’s conduct of Sunset 

Reviews. Consult the Department’s 

regulations at 19 CFR part 351 for 

definitions of terms and for other 

general information concerning 

antidumping and countervailing duty 

proceedings at the Department. 

This notice of initiation is being 

published in accordance with section 

751(c) of the Act and 19 CFR 351.218(c). 

Dated: November 19, 2014. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2014–28408 Filed 11–28–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–017] 

Countervailing Duty Investigation of 

Certain Passenger Vehicle and Light 

Truck Tires From the People’s 

Republic of China: Preliminary 

Affirmative Determination, Preliminary 

Affirmative Critical Circumstances 

Determination, in Part, and Alignment 

of Final Determination With Final 

Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of passenger 

vehicle and light truck tires (passenger 

tires) from the People’s Republic of 

China (PRC). The period of investigation 

is January 1, 2013, through December 

31, 2013. We invite interested parties to 

comment on this preliminary 

determination. 

DATES: Effective Date: Insert date of 

publication in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Emily Halle or Jason Rhoads, AD/CVD 

Operations, Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone 202.482.0176, 202.482.0123, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Scope of the Investigation 

The products covered by this 

investigation are certain passenger tires 

from the PRC. For a complete 

description of the scope of this 

investigation, see the Memorandum 

from Christian Marsh, Deputy Assistant 

Secretary for Antidumping and 

Countervailing Duty Operations to Paul 

Piquado, Assistant Secretary for 

Enforcement and Compliance, 

‘‘Countervailing Duty Investigation of 

Certain Passenger Vehicle and Light 

Truck Tires from the People’s Republic 

of China: Decision Memorandum for the 

Preliminary Determination,’’ dated 

concurrently with, and hereby adopted 

by, this notice (Preliminary Decision 

Memorandum). The Preliminary 

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 is available to all 

parties in the Central Records Unit, 

room 7046 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at http://trade.gov/enforcement. 

The signed Preliminary Decision 

Memorandum and the electronic 

versions of the Preliminary Decision 

Memorandum are identical in content. 

Methodology 

The Department is conducting this 

countervailing duty (CVD) investigation 

in accordance with section 701 of the 

Tariff Act of 1930, as amended (the Act). 

For each of the subsidy programs found 

countervailable, we preliminarily 

determine that there is a subsidy, i.e., a 

financial contribution by an ‘‘authority’’ 

that gives rise to a benefit to the 

recipient, and that the subsidy is 

specific.1 For a full description of the 

methodology underlying our 

preliminary conclusions, see the 

Preliminary Decision Memorandum. 

The Department notes that, in making 

these findings, we relied, in part, on 

facts available and, because one or more 

respondents did not act to the best of 

their ability to respond to the 

Department’s requests for information, 

we drew an adverse inference where 

appropriate in selecting from among the 


asabaliauskas on DSK5VPTVN1PROD with NOTICES