80_FR_35005 80 FR 34888 - Countervailing Duty Investigation of Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part

80 FR 34888 - Countervailing Duty Investigation of Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range34888-34891
FR Document2015-15059

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (the PRC) as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2013, through December 31, 2013.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34888-34891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15059]



[[Page 34888]]

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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: Final 
Affirmative Determination, and Final Affirmative Critical Circumstances 
Determination, in Part

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain passenger vehicle and light truck tires (passenger tires) 
from the People's Republic of China (the PRC) as provided in section 
705 of the Tariff Act of 1930, as amended (the Act). For information on 
the estimated subsidy rates, see the ``Final Determination'' section of 
this notice. The period of investigation is January 1, 2013, through 
December 31, 2013.

DATES: Effective date June 18, 2015.

FOR FURTHER INFORMATION CONTACT: Emily Halle, 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; Phone: (202) 482-0176.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Determination on December 
1, 2014,\1\ and the Amended Preliminary Determination on December 30, 
2014.\2\ A summary of the events that occurred since the Department 
published the Amended Preliminary Determination, as well as a full 
discussion of the issues raised by parties for this final 
determination, may be found in the Final Decision Memorandum.\3\ The 
Final 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 B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Final Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/. The signed Final Decision Memorandum 
and the electronic version are identical in content.
---------------------------------------------------------------------------

    \1\ See 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, 79 FR 
71093 (December 1, 2014) (Preliminary Determination).
    \2\ See Countervailing Duty Investigation of Certain Passenger 
Vehicle and Light Truck Tires from the People's Republic of China: 
Amended Affirmative Preliminary Determination, 79 FR 78398 (December 
30, 2014) (Amended Preliminary Determination).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China,'' (Final Decision Memorandum), dated concurrently 
with this determination and hereby adopted by this notice.
---------------------------------------------------------------------------

Scope of the Investigation and Scope Comments

    The products covered by this investigation are certain passenger 
tires from the PRC. The products covered by the investigation are 
currently classified under the following Harmonized Tariff Schedule of 
the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 
4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 
4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires 
meeting the scope description may also enter under the following HTSUS 
subheadings: 4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 
4011.99.85.50, 8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 
8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided 
for convenience and for customs purposes, the written description of 
the subject merchandise is dispositive.
    The Department received comments regarding the scope of this 
investigation from numerous interested parties, which we have 
summarized and addressed in the accompanying Final Decision 
Memorandum.\4\ As explained in the Final Decision Memorandum, to 
facilitate the scope's administrability and enforcement, we have 
clarified the scope language such that ``N'' speed-rated specialty 
trailer tires that meet certain requirements are excluded from the 
scope.\5\ For a complete description of the scope of the investigation, 
see Appendix II to this notice.
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    \4\ See Final Decision Memorandum at Comments 25 and 26.
    \5\ Id.
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Final Decision Memorandum. A list of the issues that 
parties raised, and to which we responded in the Final Decision 
Memorandum, is attached to this notice at Appendix I.

Use of Adverse Facts Available

    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 applied adverse facts available.\6\ For 
purposes of this final determination, we applied adverse facts 
available in several instances, including with regard to the net 
subsidy rate assigned to Shandong Yongsheng Rubber Group Co., Ltd. 
(Yongsheng). For further information, see the section ``Use of Facts 
Otherwise Available and Adverse Inferences,'' in the Final Decision 
Memorandum.
---------------------------------------------------------------------------

    \6\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections presented at verification, we made 
certain changes to the respondents' subsidy rate calculations since the 
Preliminary Determination and Amended Preliminary Determination. For a 
discussion of these changes, see the Final Decision Memorandum and the 
Final Analysis Memoranda.\7\
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    \7\ See Final Decision Memorandum; see also Memoranda, ``Final 
Determination Analysis for GITI Tire (Fujian) Company Ltd.,'' and 
``Final Determination Analysis for Cooper (Kunshan) Tire Co., 
Ltd.,'' (collectively, Final Analysis Memoranda), dated concurrently 
with this determination and hereby adopted by this notice.
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances, in Part

    In the Preliminary Determination, the Department found that 
critical circumstances exist with respect to imports of passenger tires 
from the PRC for Yongsheng and all other exporters or producers not 
individually examined.\8\ Upon further analysis of the data and 
comments submitted by interested parties following the Preliminary 
Determination, we are modifying our findings for the Final 
Determination.\9\ Specifically, in accordance with section 705(a)(2) of 
the Act, we find that critical circumstances exist with respect to 
imports from GITI Tire (Fujian) Co., Ltd.

[[Page 34889]]

(GITI Fujian), Yongsheng, and all other producers or exporters, but do 
not exist for Cooper (Kunshan) Tire Co., Ltd. (Cooper).
---------------------------------------------------------------------------

    \8\ See Preliminary Determination, 79 FR at 71094.
    \9\ For a full description of the methodology and results of our 
analysis, see the Final Decision Memorandum.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for GITI Fujian and Cooper, the only two individually 
investigated exporters/producers of the subject merchandise that 
participated in this investigation.\10\ We adjusted the cash deposit 
rates for GITI Fujian, Yongsheng, and all other producers or exporters 
to reflect our finding that a program-wide change exists with regard to 
one subsidy program.\11\ The cash deposit rates listed below reflect 
this adjustment.
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    \10\ The individually-investigated exporters/producers are (1) 
GITI Tire (Fujian) Co., Ltd., and its cross-owned affiliated 
companies GITI Tire (China) Investment Company Ltd., GITI Radial 
Tire (Anhui) Company Ltd., GITI Tire (Hualin) Company Ltd., GITI 
Steel Cord (Hubei) Company Ltd., Anhui Prime Cord Fabrics Company 
Ltd., GITI Tire Corporation, GITI Tire (Anhui) Company Ltd., GITI 
Greatwall Tire (Yinchuan) Company Ltd., GITI Steel Cord (Anhui) 
Company Ltd., Anhui Prime Cord Weaving Company Ltd., and Anhui Prime 
Cord Twisting Company Ltd.; (2) Cooper Kunshan Tire Co., Ltd., and 
its cross-owned affiliated company, Cooper Chengshan (Shandong) Tire 
Co., Ltd.; and (3) Yongsheng.
    \11\ See Final Decision Memorandum at Comment 15.
---------------------------------------------------------------------------

    In accordance with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of 
the Act, for companies not individually investigated, we apply an ``all 
others'' rate, which is normally calculated by weighting the subsidy 
rates of the individual companies selected as respondents with those 
companies' export sales of the subject merchandise to the United 
States. Under section 705(c)(5)(A)(i) of the Act, the all others rate 
should exclude zero and de minimis rates calculated for the exporters 
and producers individually investigated, and any rates determined 
entirely under section 776 of the Act. We therefore have excluded 
Yongsheng's rate from the all others rate.
    Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, 
we have not calculated the all others rate by weight-averaging the 
rates of GITI Fujian and Cooper because doing so risks disclosure of 
proprietary information. Therefore, and consistent with the 
Department's practice where such risk exists, for the all others rate, 
we calculated a weight average of GITI Fujian's and Cooper's rates 
using publicly ranged data.\12\ Since both GITI Fujian and Cooper 
received countervailable export subsidies and the all others rate is an 
average based on the individually investigated respondents, the all 
others rate includes export subsidies. We determine the total estimated 
net countervailable subsidy rates to be:
---------------------------------------------------------------------------

    \12\ See, e.g., Countervailing Duty Investigation of Chlorinated 
Isocyanurates From the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Determination, 79 FR 10097, 10098 (February 24, 2014), 
unchanged in Countervailing Duty Investigation of Chlorinated 
Isocyanurates From the People's Republic of China: Final Affirmative 
Countervailing Duty Determination, 79 FR 56560, 56562 (September 22, 
2014); see also Memorandum, ``Calculation of the All Others Rate for 
the Final Determination,'' June 11, 2015.

------------------------------------------------------------------------
                                       Subsidy rate    Cash deposit rate
              Company                   (percent)          (percent)
------------------------------------------------------------------------
GITI Tire (Fujian) Co., Ltd. and                37.20              36.79
 certain cross-owned companies....
Cooper Kunshan Tire Co., Ltd and                20.73              20.73
 certain cross-owned companies....
Shandong Yongsheng Rubber Group                100.77             100.37
 Co., Ltd.........................
All Others........................              30.87              30.61
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of merchandise 
under consideration from the PRC that were entered or withdrawn from 
warehouse, for consumption, on or after September 2, 2014 (for those 
entities for which we found critical circumstances exist) or on or 
after December 1, 2014, the date of publication of the Preliminary 
Determination in the Federal Register (for all entities for which we 
did not find critical circumstances exist). In accordance with section 
703(d) of the Act, we issued instructions to CBP to discontinue the 
suspension of liquidation for CVD purposes for subject merchandise 
entered, or withdrawn from warehouse, on or after March 31, 2015, but 
to continue the suspension of liquidation of all entries from September 
2, 2014, or December 1, 2014, as the case may be, through March 30, 
2015.
    If the U.S. International Trade Commission (the ITC) issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this notice will serve as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). 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 subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
    Dated: June 11, 2015.

[[Page 34890]]

Appendix I

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Final Determination of Critical Circumstances, in Part
IV. Scope of the Investigation
V. Application of the Countervailing Duty Law to Imports from the 
PRC
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
Comment 1: Whether GITI Fujian's Input Suppliers are Authorities
Comment 2: Appropriate Benchmark for Inputs at LTAR
Comment 3: Whether Benchmarks for LTAR Inputs Should Exclude 
International Freight or Inland Freight
Comment 4: Inputs Supplied by Other GITI Companies Should Not be 
Countervailed
Comment 5: Correct Electricity Rate Selections
Comment 6: Whether to Countervail Government Policy Lending Program
Comment 7: Whether the Export Buyer's Credit Program Was Used by 
Respondents
Comment 8: Whether to Countervail CKT's Land in the Kunshan ETDZ
Comment 9: Whether to Countervail Assets from the Chengshan Group to 
Cooper for LTAR
Comment 10: Whether PCT is the Successor-in-Interest to CCT
Comment 11: Adjustments to Cooper's Originally Reported Data
Comment 12: Whether the Department Should Accept the Minor 
Corrections Presented by GITI Fujian at Verification
Comment 13: Whether Loans to GITI Anhui Radial are Export Subsidies
Comment 14: Correct Sales Denominator for the GITI Companies
Comment 15: Cash Deposit Rate for Terminated Programs
Comment 16: Whether to Countervail the VAT Exemptions and Deductions 
for Central Regions Program
Comment 17: Whether to Countervail the Key Enterprise Staffing 
Subsidy, 2013
Comment 18: Whether to Apply AFA to Subsidies Received by Hualin 
Tyre
Comment 19: Whether the Department Should Attribute to GITI Fujian 
Subsidies Received by GITI Anhui Through 2010 and Subsidies Received 
by GITI Yinchuan Greatwall Through the POI
Comment 20: Subsidy Rate for GITI Anhui's Use of the Import Tariff 
and VAT Exemptions for Imported Equipment Programs
Comment 21: AFA Rate for Yongsheng
Comment 22: Appropriate Time Periods for Critical Circumstances 
Analysis
Comment 23: Whether Seasonality Exists in the Critical Circumstances 
Data
Comment 24: Whether Company Specific Data Should be Used in the 
Department's Critical Circumstances Analysis
Comment 25: Whether to Modify the Language of the Exclusion on 
Special Trailer (ST) Tires
Comment 26: Whether Slingshot Tires Are Included in the Scope
XI. Recommendation

Appendix II

Scope of the Investigation

    The scope of this investigation is passenger vehicle and light 
truck tires. Passenger vehicle and light truck tires are new pneumatic 
tires, of rubber, with a passenger vehicle or light truck size 
designation. Tires covered by this investigation may be tube-type, 
tubeless, radial, or non-radial, and they may be intended for sale to 
original equipment manufacturers or the replacement market.
    Subject tires have, at the time of importation, the symbol ``DOT'' 
on the sidewall, certifying that the tire conforms to applicable motor 
vehicle safety standards. Subject tires may also have the following 
prefixes or suffix in their tire size designation, which also appears 
on the sidewall of the tire:
    Prefix designations:
    P--Identifies a tire intended primarily for service on passenger 
cars.
    LT--Identifies a tire intended primarily for service on light 
trucks.
    Suffix letter designations:
    LT--Identifies light truck tires for service on trucks, buses, 
trailers, and multipurpose passenger vehicles used in nominal highway 
service.
    All tires with a ``P'' or ``LT'' prefix, and all tires with an 
``LT'' suffix in their sidewall markings are covered by this 
investigation regardless of their intended use.
    In addition, all tires that lack a ``P'' or ``LT'' prefix or suffix 
in their sidewall markings, as well as all tires that include any other 
prefix or suffix in their sidewall markings, are included in the scope, 
regardless of their intended use, as long as the tire is of a size that 
is among the numerical size designations listed in the passenger car 
section or light truck section of the Tire and Rim Association Year 
Book, as updated annually, unless the tire falls within one of the 
specific exclusions set out below.
    Passenger vehicle and light truck tires, whether or not attached to 
wheels or rims, are included in the scope. However, if a subject tire 
is imported attached to a wheel or rim, only the tire is covered by the 
scope.
    Specifically excluded from the scope of this investigation are the 
following types of tires:
    (1) Racing car tires; such tires do not bear the symbol ``DOT'' on 
the sidewall and may be marked with ``ZR'' in size designation;
    (2) new pneumatic tires, of rubber, of a size that is not listed in 
the passenger car section or light truck section of the Tire and Rim 
Association Year Book;
    (3) pneumatic tires, of rubber, that are not new, including 
recycled and retreaded tires;
    (4) non-pneumatic tires, such as solid rubber tires;
    (5) tires designed and marketed exclusively as temporary use spare 
tires for passenger vehicles which, in addition, exhibit each of the 
following physical characteristics:
    (a) The size designation and load index combination molded on the 
tire's sidewall are listed in Table PCT-1B (``T'' Type Spare Tires for 
Temporary Use on Passenger Vehicles) of the Tire and Rim Association 
Year Book,
    (b) the designation ``T'' is molded into the tire's sidewall as 
part of the size designation, and,
    (c) the tire's speed rating is molded on the sidewall, indicating 
the rated speed in MPH or a letter rating as listed by Tire and Rim 
Association Year Book, and the rated speed is 81 MPH or a ``M'' rating;
    (6) tires designed and marketed exclusively for specialty tire (ST) 
use which, in addition, exhibit each of the following conditions:
    (a) The size designation molded on the tire's sidewall is listed in 
the ST sections of the Tire and Rim Association Year Book,
    (b) the designation ``ST'' is molded into the tire's sidewall as 
part of the size designation,
    (c) the tire incorporates a warning, prominently molded on the 
sidewall, that the tire is ``For Trailer Service Only'' or ``For 
Trailer Use Only'',
    (d) the load index molded on the tire's sidewall meets or exceeds 
those load indexes listed in the Tire and Rim Association Year Book for 
the relevant ST tire size, and
    (e) either
    (i) the tire's speed rating is molded on the sidewall, indicating 
the rated speed in MPH or a letter rating as listed by Tire and Rim 
Association Year Book, and the rated speed does not exceed 81 MPH or an 
``M'' rating; or
    (ii) the tire's speed rating molded on the sidewall is 87 MPH or an 
``N'' rating, and in either case the tire's maximum pressure and 
maximum load limit are molded on the sidewall and either
    (1) both exceed the maximum pressure and maximum load limit for any 
tire of the same size designation in either the passenger car or light 
truck section of the Tire and Rim Association Year Book; or
    (2) if the maximum cold inflation pressure molded on the tire is 
less than

[[Page 34891]]

any cold inflation pressure listed for that size designation in either 
the passenger car or light truck section of the Tire and Rim 
Association Year Book, the maximum load limit molded on the tire is 
higher than the maximum load limit listed at that cold inflation 
pressure for that size designation in either the passenger car or light 
truck section of the Tire and Rim Association Year Book;
    (7) tires designed and marketed exclusively for off-road use and 
which, in addition, exhibit each of the following physical 
characteristics:
    (a) The size designation and load index combination molded on the 
tire's sidewall are listed in the off-the-road, agricultural, 
industrial or ATV section of the Tire and Rim Association Year Book,
    (b) in addition to any size designation markings, the tire 
incorporates a warning, prominently molded on the sidewall, that the 
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
    (c) the tire's speed rating is molded on the sidewall, indicating 
the rated speed in MPH or a letter rating as listed by the Tire and Rim 
Association Year Book, and the rated speed does not exceed 55 MPH or a 
``G'' rating, and
    (d) the tire features a recognizable off-road tread design.
    The products covered by the investigation are currently classified 
under the following Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the 
scope description may also enter under the following HTSUS subheadings: 
4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50, 
8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 
8708.70.60.60. While HTSUS subheadings are provided for convenience and 
for customs purposes, the written description of the subject 
merchandise is dispositive.

[FR Doc. 2015-15059 Filed 6-17-15; 8:45 am]
BILLING CODE 3510-DS-P



                                              34888                         Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices

                                              DEPARTMENT OF COMMERCE                                  Final Decision Memorandum is a public                  the case and rebuttal briefs by parties in
                                                                                                      document and is on file electronically                 this investigation are discussed in the
                                              International Trade Administration                      via Enforcement and Compliance’s                       Final Decision Memorandum. A list of
                                              [C–570–017]                                             Antidumping and Countervailing Duty                    the issues that parties raised, and to
                                                                                                      Centralized Electronic Service System                  which we responded in the Final
                                              Countervailing Duty Investigation of                    (ACCESS). ACCESS is available to                       Decision Memorandum, is attached to
                                              Certain Passenger Vehicle and Light                     registered users at http://                            this notice at Appendix I.
                                              Truck Tires From the People’s                           access.trade.gov, and is available to all
                                                                                                                                                             Use of Adverse Facts Available
                                              Republic of China: Final Affirmative                    parties in the Central Records Unit,
                                              Determination, and Final Affirmative                    Room B8024 of the main Department of                     The Department notes that, in making
                                              Critical Circumstances Determination,                   Commerce building. In addition, a                      these findings, we relied, in part, on
                                              in Part                                                 complete version of the Final Decision                 facts available and, because one or more
                                                                                                      Memorandum can be accessed directly                    respondents did not act to the best of
                                              AGENCY:   Enforcement and Compliance,                   at http://enforcement.trade.gov/frn/.                  their ability to respond to the
                                              International Trade Administration,                     The signed Final Decision                              Department’s requests for information,
                                              Department of Commerce.                                 Memorandum and the electronic                          we applied adverse facts available.6 For
                                              SUMMARY: The Department of Commerce                     version are identical in content.                      purposes of this final determination, we
                                              (the Department) determines that                                                                               applied adverse facts available in
                                                                                                      Scope of the Investigation and Scope                   several instances, including with regard
                                              countervailable subsidies are being                     Comments
                                              provided to producers and exporters of                                                                         to the net subsidy rate assigned to
                                              certain passenger vehicle and light truck                  The products covered by this                        Shandong Yongsheng Rubber Group
                                              tires (passenger tires) from the People’s               investigation are certain passenger tires              Co., Ltd. (Yongsheng). For further
                                              Republic of China (the PRC) as provided                 from the PRC. The products covered by                  information, see the section ‘‘Use of
                                              in section 705 of the Tariff Act of 1930,               the investigation are currently classified             Facts Otherwise Available and Adverse
                                              as amended (the Act). For information                   under the following Harmonized Tariff                  Inferences,’’ in the Final Decision
                                              on the estimated subsidy rates, see the                 Schedule of the United States (HTSUS)                  Memorandum.
                                              ‘‘Final Determination’’ section of this                 subheadings: 4011.10.10.10,
                                                                                                                                                             Changes Since the Preliminary
                                              notice. The period of investigation is                  4011.10.10.20, 4011.10.10.30,
                                                                                                                                                             Determination
                                              January 1, 2013, through December 31,                   4011.10.10.40, 4011.10.10.50,
                                                                                                      4011.10.10.60, 4011.10.10.70,                            Based on our review and analysis of
                                              2013.
                                                                                                      4011.10.50.00, 4011.20.10.05, and                      the comments received from parties,
                                              DATES: Effective date June 18, 2015.                                                                           and minor corrections presented at
                                                                                                      4011.20.50.10. Tires meeting the scope
                                              FOR FURTHER INFORMATION CONTACT:                        description may also enter under the                   verification, we made certain changes to
                                              Emily Halle, AD/CVD Operations, Office                  following HTSUS subheadings:                           the respondents’ subsidy rate
                                              VII, Enforcement and Compliance,                        4011.99.45.10, 4011.99.45.50,                          calculations since the Preliminary
                                              International Trade Administration,                     4011.99.85.10, 4011.99.85.50,                          Determination and Amended
                                              U.S. Department of Commerce, 14th                       8708.70.45.45, 8708.70.45.60,                          Preliminary Determination. For a
                                              Street and Constitution Avenue NW.,                     8708.70.60.30, 8708.70.60.45, and                      discussion of these changes, see the
                                              Washington, DC 20230; Phone: (202)                      8708.70.60.60. While HTSUS                             Final Decision Memorandum and the
                                              482–0176.                                               subheadings are provided for                           Final Analysis Memoranda.7
                                              SUPPLEMENTARY INFORMATION:                              convenience and for customs purposes,                  Final Affirmative Determination of
                                                                                                      the written description of the subject                 Critical Circumstances, in Part
                                              Background
                                                                                                      merchandise is dispositive.
                                                 The Department published the                            The Department received comments                       In the Preliminary Determination, the
                                              Preliminary Determination on December                   regarding the scope of this investigation              Department found that critical
                                              1, 2014,1 and the Amended Preliminary                   from numerous interested parties,                      circumstances exist with respect to
                                              Determination on December 30, 2014.2                    which we have summarized and                           imports of passenger tires from the PRC
                                              A summary of the events that occurred                   addressed in the accompanying Final                    for Yongsheng and all other exporters or
                                              since the Department published the                      Decision Memorandum.4 As explained                     producers not individually examined.8
                                              Amended Preliminary Determination, as                   in the Final Decision Memorandum, to                   Upon further analysis of the data and
                                              well as a full discussion of the issues                 facilitate the scope’s administrability                comments submitted by interested
                                              raised by parties for this final                        and enforcement, we have clarified the                 parties following the Preliminary
                                              determination, may be found in the                      scope language such that ‘‘N’’ speed-                  Determination, we are modifying our
                                              Final Decision Memorandum.3 The                         rated specialty trailer tires that meet                findings for the Final Determination.9
                                                                                                      certain requirements are excluded from                 Specifically, in accordance with section
                                                1 See Countervailing Duty Investigation of Certain
                                                                                                      the scope.5 For a complete description                 705(a)(2) of the Act, we find that critical
                                              Passenger Vehicle and Light Truck Tires from the        of the scope of the investigation, see                 circumstances exist with respect to
                                              People’s Republic of China: Preliminary Affirmative
                                              Determination, Preliminary Affirmative Critical         Appendix II to this notice.                            imports from GITI Tire (Fujian) Co., Ltd.
                                              Circumstances Determination, in Part, and               Analysis of Subsidy Programs and                         6 See sections 776(a) and (b) of the Act.
                                              Alignment of Final Determination with Final
                                              Antidumping Duty Determination, 79 FR 71093             Comments Received                                        7 See Final Decision Memorandum; see also
                                              (December 1, 2014) (Preliminary Determination).           The subsidy programs under                           Memoranda, ‘‘Final Determination Analysis for
                                                2 See Countervailing Duty Investigation of Certain                                                           GITI Tire (Fujian) Company Ltd.,’’ and ‘‘Final
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                                              Passenger Vehicle and Light Truck Tires from the
                                                                                                      investigation and the issues raised in                 Determination Analysis for Cooper (Kunshan) Tire
                                              People’s Republic of China: Amended Affirmative                                                                Co., Ltd.,’’ (collectively, Final Analysis
                                              Preliminary Determination, 79 FR 78398 (December        People’s Republic of China,’’ (Final Decision          Memoranda), dated concurrently with this
                                              30, 2014) (Amended Preliminary Determination).          Memorandum), dated concurrently with this              determination and hereby adopted by this notice.
                                                3 See Memorandum, ‘‘Issues and Decision               determination and hereby adopted by this notice.         8 See Preliminary Determination, 79 FR at 71094.
                                                                                                        4 See Final Decision Memorandum at Comments
                                              Memorandum for the Final Determination in the                                                                    9 For a full description of the methodology and

                                              Countervailing Duty Investigation of Certain            25 and 26.                                             results of our analysis, see the Final Decision
                                              Passenger Vehicle and Light Truck Tires from the          5 Id.                                                Memorandum.



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                                                                                       Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices                                                                                 34889

                                              (GITI Fujian), Yongsheng, and all other                                       In accordance with sections                                                  Notwithstanding the language of
                                              producers or exporters, but do not exist                                    705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the                                  section 705(c)(5)(A)(i) of the Act, we
                                              for Cooper (Kunshan) Tire Co., Ltd.                                         Act, for companies not individually                                         have not calculated the all others rate by
                                              (Cooper).                                                                   investigated, we apply an ‘‘all others’’                                    weight-averaging the rates of GITI
                                                                                                                          rate, which is normally calculated by                                       Fujian and Cooper because doing so
                                              Final Determination
                                                                                                                          weighting the subsidy rates of the                                          risks disclosure of proprietary
                                                 In accordance with section                                               individual companies selected as                                            information. Therefore, and consistent
                                              705(c)(1)(B)(i) of the Act, we calculated                                   respondents with those companies’                                           with the Department’s practice where
                                              a rate for GITI Fujian and Cooper, the                                      export sales of the subject merchandise                                     such risk exists, for the all others rate,
                                              only two individually investigated                                          to the United States. Under section                                         we calculated a weight average of GITI
                                              exporters/producers of the subject                                          705(c)(5)(A)(i) of the Act, the all others                                  Fujian’s and Cooper’s rates using
                                              merchandise that participated in this                                       rate should exclude zero and de                                             publicly ranged data.12 Since both GITI
                                              investigation.10 We adjusted the cash                                                                                                                   Fujian and Cooper received
                                                                                                                          minimis rates calculated for the
                                              deposit rates for GITI Fujian,                                                                                                                          countervailable export subsidies and the
                                                                                                                          exporters and producers individually
                                              Yongsheng, and all other producers or                                                                                                                   all others rate is an average based on the
                                              exporters to reflect our finding that a                                     investigated, and any rates determined                                      individually investigated respondents,
                                              program-wide change exists with regard                                      entirely under section 776 of the Act.                                      the all others rate includes export
                                              to one subsidy program.11 The cash                                          We therefore have excluded                                                  subsidies. We determine the total
                                              deposit rates listed below reflect this                                     Yongsheng’s rate from the all others                                        estimated net countervailable subsidy
                                              adjustment.                                                                 rate.                                                                       rates to be:

                                                                                                                                                                                                                   Subsidy rate     Cash deposit rate
                                                                                                                      Company                                                                                       (percent)          (percent)

                                              GITI Tire (Fujian) Co., Ltd. and certain cross-owned companies ...............................................................                                                37.20                 36.79
                                              Cooper Kunshan Tire Co., Ltd and certain cross-owned companies .........................................................                                                      20.73                 20.73
                                              Shandong Yongsheng Rubber Group Co., Ltd ...........................................................................................                                         100.77                100.37
                                              All Others .....................................................................................................................................................              30.87                 30.61



                                              Continuation of Suspension of                                                  If the U.S. International Trade                                          (APO), without the written consent of
                                              Liquidation                                                                 Commission (the ITC) issues a final                                         the Assistant Secretary for Enforcement
                                                                                                                          affirmative injury determination, we                                        and Compliance.
                                                 As a result of our Preliminary                                           will issue a CVD order and will reinstate
                                              Determination, and pursuant to section                                      the suspension of liquidation under                                         Notification Regarding Administrative
                                              703(d) of the Act, we instructed U.S.                                       section 706(a) of the Act and will                                          Protective Orders
                                              Customs and Border Protection (CBP) to                                      require a cash deposit of estimated
                                              suspend liquidation of all entries of                                                                                                                      In the event the ITC issues a final
                                                                                                                          CVDs for such entries of subject
                                              merchandise under consideration from                                                                                                                    negative injury determination, this
                                                                                                                          merchandise in the amounts indicated
                                              the PRC that were entered or withdrawn                                      above. If the ITC determines that                                           notice will serve as the only reminder
                                              from warehouse, for consumption, on or                                      material injury, or threat of material                                      to parties subject to an APO of their
                                              after September 2, 2014 (for those                                          injury, does not exist, this proceeding                                     responsibility concerning the
                                              entities for which we found critical                                        will be terminated and all estimated                                        disposition of proprietary information
                                              circumstances exist) or on or after                                         duties deposited or securities posted as                                    disclosed under APO in accordance
                                              December 1, 2014, the date of                                               a result of the suspension of liquidation                                   with 19 CFR 351.305(a)(3). Timely
                                              publication of the Preliminary                                              will be refunded or canceled.                                               written notification of the return or
                                              Determination in the Federal Register                                                                                                                   destruction of APO materials, or
                                              (for all entities for which we did not                                      ITC Notification
                                                                                                                                                                                                      conversion to judicial protective order,
                                              find critical circumstances exist). In                                        In accordance with section 705(d) of                                      is hereby requested. Failure to comply
                                              accordance with section 703(d) of the                                       the Act, we will notify the ITC of our                                      with the regulations and terms of an
                                              Act, we issued instructions to CBP to                                       determination. In addition, we are                                          APO is a violation subject to sanction.
                                              discontinue the suspension of                                               making available to the ITC all non-
                                              liquidation for CVD purposes for subject                                    privileged and non-proprietary                                                 This determination is issued and
                                              merchandise entered, or withdrawn                                           information related to this investigation.                                  published pursuant to sections 705(d)
                                              from warehouse, on or after March 31,                                       We will allow the ITC access to all                                         and 777(i) of the Act.
                                              2015, but to continue the suspension of                                     privileged and business proprietary                                         Paul Piquado,
                                              liquidation of all entries from                                             information in our files, provided the
                                                                                                                                                                                                      Assistant Secretary for Enforcement and
                                              September 2, 2014, or December 1,                                           ITC confirms that it will not disclose                                      Compliance.
                                              2014, as the case may be, through March                                     such information, either publicly or
                                              30, 2015.                                                                   under an administrative protective order                                      Dated: June 11, 2015.

                                                 10 The individually-investigated exporters/                              Weaving Company Ltd., and Anhui Prime Cord                                  Alignment of Final Determination With Final
                                              producers are (1) GITI Tire (Fujian) Co., Ltd., and                         Twisting Company Ltd.; (2) Cooper Kunshan Tire                              Antidumping Determination, 79 FR 10097, 10098
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                                              its cross-owned affiliated companies GITI Tire                              Co., Ltd., and its cross-owned affiliated company,                          (February 24, 2014), unchanged in Countervailing
                                              (China) Investment Company Ltd., GITI Radial Tire                           Cooper Chengshan (Shandong) Tire Co., Ltd.; and                             Duty Investigation of Chlorinated Isocyanurates
                                              (Anhui) Company Ltd., GITI Tire (Hualin) Company                            (3) Yongsheng.
                                                                                                                            11 See Final Decision Memorandum at Comment
                                                                                                                                                                                                      From the People’s Republic of China: Final
                                              Ltd., GITI Steel Cord (Hubei) Company Ltd., Anhui                                                                                                       Affirmative Countervailing Duty Determination, 79
                                              Prime Cord Fabrics Company Ltd., GITI Tire                                  15.
                                                                                                                                                                                                      FR 56560, 56562 (September 22, 2014); see also
                                              Corporation, GITI Tire (Anhui) Company Ltd., GITI                             12 See, e.g., Countervailing Duty Investigation of

                                              Greatwall Tire (Yinchuan) Company Ltd., GITI Steel                          Chlorinated Isocyanurates From the People’s                                 Memorandum, ‘‘Calculation of the All Others Rate
                                              Cord (Anhui) Company Ltd., Anhui Prime Cord                                 Republic of China: Preliminary Determination and                            for the Final Determination,’’ June 11, 2015.




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                                              34890                         Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices

                                              Appendix I                                              Comment 25: Whether to Modify the                         (2) new pneumatic tires, of rubber, of
                                                                                                           Language of the Exclusion on Special              a size that is not listed in the passenger
                                              List of Topics Discussed in the Final                        Trailer (ST) Tires
                                              Decision Memorandum                                                                                            car section or light truck section of the
                                                                                                      Comment 26: Whether Slingshot Tires Are
                                                                                                           Included in the Scope
                                                                                                                                                             Tire and Rim Association Year Book;
                                              I. Summary
                                              II. Background                                          XI. Recommendation                                        (3) pneumatic tires, of rubber, that are
                                              III. Final Determination of Critical                                                                           not new, including recycled and
                                                    Circumstances, in Part                            Appendix II                                            retreaded tires;
                                              IV. Scope of the Investigation                          Scope of the Investigation                                (4) non-pneumatic tires, such as solid
                                              V. Application of the Countervailing Duty                                                                      rubber tires;
                                                    Law to Imports from the PRC                          The scope of this investigation is                     (5) tires designed and marketed
                                              VI. Subsidies Valuation Information                     passenger vehicle and light truck tires.               exclusively as temporary use spare tires
                                              VII. Benchmarks and Discount Rates                      Passenger vehicle and light truck tires                for passenger vehicles which, in
                                              VIII. Use of Facts Otherwise Available and              are new pneumatic tires, of rubber, with               addition, exhibit each of the following
                                                    Adverse Inferences                                a passenger vehicle or light truck size                physical characteristics:
                                              IX. Analysis of Programs                                designation. Tires covered by this
                                              X. Analysis of Comments                                                                                           (a) The size designation and load
                                                                                                      investigation may be tube-type, tubeless,              index combination molded on the tire’s
                                              Comment 1: Whether GITI Fujian’s Input                  radial, or non-radial, and they may be
                                                    Suppliers are Authorities                                                                                sidewall are listed in Table PCT–1B
                                              Comment 2: Appropriate Benchmark for
                                                                                                      intended for sale to original equipment                (‘‘T’’ Type Spare Tires for Temporary
                                                    Inputs at LTAR                                    manufacturers or the replacement                       Use on Passenger Vehicles) of the Tire
                                              Comment 3: Whether Benchmarks for LTAR                  market.                                                and Rim Association Year Book,
                                                    Inputs Should Exclude International                  Subject tires have, at the time of                     (b) the designation ‘‘T’’ is molded into
                                                    Freight or Inland Freight                         importation, the symbol ‘‘DOT’’ on the
                                                                                                                                                             the tire’s sidewall as part of the size
                                              Comment 4: Inputs Supplied by Other GITI                sidewall, certifying that the tire
                                                    Companies Should Not be Countervailed
                                                                                                                                                             designation, and,
                                                                                                      conforms to applicable motor vehicle                      (c) the tire’s speed rating is molded on
                                              Comment 5: Correct Electricity Rate                     safety standards. Subject tires may also
                                                    Selections                                                                                               the sidewall, indicating the rated speed
                                                                                                      have the following prefixes or suffix in               in MPH or a letter rating as listed by
                                              Comment 6: Whether to Countervail                       their tire size designation, which also
                                                    Government Policy Lending Program                                                                        Tire and Rim Association Year Book,
                                                                                                      appears on the sidewall of the tire:
                                              Comment 7: Whether the Export Buyer’s                                                                          and the rated speed is 81 MPH or a ‘‘M’’
                                                    Credit Program Was Used by
                                                                                                         Prefix designations:
                                                                                                         P—Identifies a tire intended primarily              rating;
                                                    Respondents                                                                                                 (6) tires designed and marketed
                                              Comment 8: Whether to Countervail CKT’s                 for service on passenger cars.
                                                                                                         LT—Identifies a tire intended                       exclusively for specialty tire (ST) use
                                                    Land in the Kunshan ETDZ                                                                                 which, in addition, exhibit each of the
                                              Comment 9: Whether to Countervail Assets                primarily for service on light trucks.
                                                    from the Chengshan Group to Cooper for               Suffix letter designations:                         following conditions:
                                                    LTAR                                                 LT—Identifies light truck tires for                    (a) The size designation molded on
                                              Comment 10: Whether PCT is the Successor-               service on trucks, buses, trailers, and                the tire’s sidewall is listed in the ST
                                                    in-Interest to CCT                                multipurpose passenger vehicles used                   sections of the Tire and Rim Association
                                              Comment 11: Adjustments to Cooper’s                     in nominal highway service.                            Year Book,
                                                    Originally Reported Data                             All tires with a ‘‘P’’ or ‘‘LT’’ prefix,               (b) the designation ‘‘ST’’ is molded
                                              Comment 12: Whether the Department                      and all tires with an ‘‘LT’’ suffix in their           into the tire’s sidewall as part of the size
                                                    Should Accept the Minor Corrections               sidewall markings are covered by this                  designation,
                                                    Presented by GITI Fujian at Verification          investigation regardless of their                         (c) the tire incorporates a warning,
                                              Comment 13: Whether Loans to GITI Anhui                                                                        prominently molded on the sidewall,
                                                    Radial are Export Subsidies
                                                                                                      intended use.
                                                                                                         In addition, all tires that lack a ‘‘P’’ or         that the tire is ‘‘For Trailer Service
                                              Comment 14: Correct Sales Denominator for
                                                    the GITI Companies                                ‘‘LT’’ prefix or suffix in their sidewall              Only’’ or ‘‘For Trailer Use Only’’,
                                              Comment 15: Cash Deposit Rate for                       markings, as well as all tires that                       (d) the load index molded on the tire’s
                                                    Terminated Programs                               include any other prefix or suffix in                  sidewall meets or exceeds those load
                                              Comment 16: Whether to Countervail the                  their sidewall markings, are included in               indexes listed in the Tire and Rim
                                                    VAT Exemptions and Deductions for                 the scope, regardless of their intended                Association Year Book for the relevant
                                                    Central Regions Program                           use, as long as the tire is of a size that             ST tire size, and
                                              Comment 17: Whether to Countervail the Key              is among the numerical size                               (e) either
                                                    Enterprise Staffing Subsidy, 2013                 designations listed in the passenger car                  (i) the tire’s speed rating is molded on
                                              Comment 18: Whether to Apply AFA to                     section or light truck section of the Tire             the sidewall, indicating the rated speed
                                                    Subsidies Received by Hualin Tyre                                                                        in MPH or a letter rating as listed by
                                              Comment 19: Whether the Department
                                                                                                      and Rim Association Year Book, as
                                                    Should Attribute to GITI Fujian                   updated annually, unless the tire falls                Tire and Rim Association Year Book,
                                                    Subsidies Received by GITI Anhui                  within one of the specific exclusions set              and the rated speed does not exceed 81
                                                    Through 2010 and Subsidies Received by            out below.                                             MPH or an ‘‘M’’ rating; or
                                                    GITI Yinchuan Greatwall Through the                  Passenger vehicle and light truck                      (ii) the tire’s speed rating molded on
                                                    POI                                               tires, whether or not attached to wheels               the sidewall is 87 MPH or an ‘‘N’’ rating,
                                              Comment 20: Subsidy Rate for GITI Anhui’s               or rims, are included in the scope.                    and in either case the tire’s maximum
                                                    Use of the Import Tariff and VAT                  However, if a subject tire is imported                 pressure and maximum load limit are
                                                    Exemptions for Imported Equipment                 attached to a wheel or rim, only the tire              molded on the sidewall and either
                                                    Programs                                          is covered by the scope.                                  (1) both exceed the maximum
                                              Comment 21: AFA Rate for Yongsheng
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                                                                                                         Specifically excluded from the scope                pressure and maximum load limit for
                                              Comment 22: Appropriate Time Periods for
                                                    Critical Circumstances Analysis
                                                                                                      of this investigation are the following                any tire of the same size designation in
                                              Comment 23: Whether Seasonality Exists in               types of tires:                                        either the passenger car or light truck
                                                    the Critical Circumstances Data                      (1) Racing car tires; such tires do not             section of the Tire and Rim Association
                                              Comment 24: Whether Company Specific                    bear the symbol ‘‘DOT’’ on the sidewall                Year Book; or
                                                    Data Should be Used in the Department’s           and may be marked with ‘‘ZR’’ in size                     (2) if the maximum cold inflation
                                                    Critical Circumstances Analysis                   designation;                                           pressure molded on the tire is less than


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                                                                            Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices                                                   34891

                                              any cold inflation pressure listed for                  ACTION: Notice; Commerce/ITA–8,                        (‘‘LTFV’’), as provided in section 733 of
                                              that size designation in either the                     Salesforce Customer Relationship                       the Tariff Act of 1930, as amended (‘‘the
                                              passenger car or light truck section of                 Management System.                                     Act’’). The period of investigation
                                              the Tire and Rim Association Year                                                                              (‘‘POI’’) is April 1, 2014, through
                                              Book, the maximum load limit molded                     SUMMARY:   The Department of Commerce                  September 30, 2014. The estimated
                                              on the tire is higher than the maximum                  (Commerce) publishes this notice to                    margin of sales at LTFV is shown in the
                                              load limit listed at that cold inflation                announce the effective date of a Privacy               ‘‘Preliminary Determination’’ section of
                                              pressure for that size designation in                   Act System of Records entitled                         this notice. Interested parties are invited
                                              either the passenger car or light truck                 Commerce/ITA–8, Salesforce Customer                    to comment on this preliminary
                                              section of the Tire and Rim Association                 Relationship Management System.                        determination.
                                              Year Book;                                                 The notice of proposed amendment to
                                                 (7) tires designed and marketed                      this system of records was published in                FOR FURTHER INFORMATION CONTACT:
                                              exclusively for off-road use and which,                 the Federal Register on May 11, 2015.                  James Terpstra, AD/CVD Operations,
                                              in addition, exhibit each of the                        DATES: The system of records becomes                   Office III, Enforcement and Compliance,
                                              following physical characteristics:                     effective on June 18, 2015.                            International Trade Administration,
                                                 (a) The size designation and load                    ADDRESSES: For a copy of the system of                 U.S. Department of Commerce, 14th
                                              index combination molded on the tire’s                  records please mail requests to Lois V.                Street and Constitution Avenue NW.,
                                              sidewall are listed in the off-the-road,                Mockabee, International Trade                          Washington, DC 20230; telephone: (202)
                                              agricultural, industrial or ATV section                 Administration Privacy Act Officer,                    482–3965.
                                              of the Tire and Rim Association Year                    Room 21023, U.S. Department of                         SUPPLEMENTARY INFORMATION:      The
                                              Book,                                                   Commerce, 1401 Constitution Avenue                     Department published the notice of
                                                 (b) in addition to any size designation              NW., Washington, DC 20230.                             initiation of this investigation on
                                              markings, the tire incorporates a                       FOR FURTHER INFORMATION CONTACT: Lois                  December 9, 2014.1 Pursuant to section
                                              warning, prominently molded on the                      V. Mockabee, International Trade                       733(c)(1)(A) of the Act, on March 12,
                                              sidewall, that the tire is ‘‘Not For                    Administration Privacy Act Officer,                    2015, the Department postponed this
                                              Highway Service’’ or ‘‘Not for Highway                  Room 21023, U.S. Department of                         preliminary LTFV determination by a
                                              Use’’,                                                  Commerce, 1401 Constitution Avenue                     period of 50 days.2
                                                 (c) the tire’s speed rating is molded on             NW., Washington, DC 20230.
                                                                                                      Telephone: (202) 482–06111.                            Scope of the Investigation
                                              the sidewall, indicating the rated speed
                                              in MPH or a letter rating as listed by the              SUPPLEMENTARY INFORMATION: On May                        The merchandise subject to this
                                              Tire and Rim Association Year Book,                     11, 2015, the Department of Commerce                   investigation is melamine (Chemical
                                              and the rated speed does not exceed 55                  published and requested comments on a                  Abstracts Service (‘‘CAS’’) registry
                                              MPH or a ‘‘G’’ rating, and                              proposed Privacy Act System of Records                 number 108–78–01, molecular formula
                                                 (d) the tire features a recognizable off-            entitled Commerce/ITA–8, Salesforce                    C3H6N6).3 Melamine is a crystalline
                                              road tread design.                                      Customer Relationship Management                       powder or granule typically (but not
                                                 The products covered by the                          System (80 FR 26893). No comments                      exclusively) used to manufacture
                                              investigation are currently classified                  were received in response to the request               melamine formaldehyde resins. All
                                              under the following Harmonized Tariff                   for comments. By this notice, the                      melamine is covered by the scope of this
                                              Schedule of the United States (HTSUS)                   Department is adopting the proposed                    investigation irrespective of purity,
                                              subheadings: 4011.10.10.10,                             system as final without changes                        particle size, or physical form.
                                              4011.10.10.20, 4011.10.10.30,                           effective June 18, 2015.                               Melamine that has been blended with
                                              4011.10.10.40, 4011.10.10.50,                             Dated: June 15, 2015.                                other products is included within this
                                              4011.10.10.60, 4011.10.10.70,                           Brenda Dolan,                                          scope when such blends include
                                              4011.10.50.00, 4011.20.10.05, and                                                                              constituent parts that have been
                                                                                                      Freedom of Information and Privacy Act
                                              4011.20.50.10. Tires meeting the scope                  Officer, U.S. Department of Commerce.                  intermingled, but that have not been
                                              description may also enter under the                                                                           chemically reacted with each other to
                                                                                                      [FR Doc. 2015–15019 Filed 6–17–15; 8:45 am]
                                              following HTSUS subheadings:                                                                                   produce a different product. For such
                                                                                                      BILLING CODE 3510–25–P
                                              4011.99.45.10, 4011.99.45.50,                                                                                  blends, only the melamine component
                                              4011.99.85.10, 4011.99.85.50,                                                                                  of the mixture is covered by the scope
                                              8708.70.45.45, 8708.70.45.60,                           DEPARTMENT OF COMMERCE                                 of these investigations. Melamine that is
                                              8708.70.60.30, 8708.70.60.45, and                                                                              otherwise subject to this investigation is
                                              8708.70.60.60. While HTSUS                              International Trade Administration                     not excluded when commingled with
                                              subheadings are provided for                                                                                   melamine from sources not subject to
                                              convenience and for customs purposes,                   [A–570–020]
                                                                                                                                                             this investigation. Only the subject
                                              the written description of the subject                  Melamine From the People’s Republic                    component of such commingled
                                              merchandise is dispositive.                             of China: Preliminary Determination of                 products is covered by the scope of this
                                              [FR Doc. 2015–15059 Filed 6–17–15; 8:45 am]             Sales at Less Than Fair Value                          investigation.
                                              BILLING CODE 3510–DS–P
                                                                                                      AGENCY:  Enforcement and Compliance,                      1 See Melamine from the People’s Republic of

                                                                                                      International Trade Administration,                    China and Trinidad and Tobago: Initiation of Less-
                                              DEPARTMENT OF COMMERCE                                  Department of Commerce.                                Than-Fair-Value Investigations, 79 FR 73037
                                                                                                                                                             (December 9, 2014) (‘‘Initiation Notice’’).
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                                                                                                      DATES: Effective date June 18, 2015.                      2 See Melamine from the People’s Republic of
                                              [Docket No.: 150421388–5516–02]                         SUMMARY: The Department of Commerce                    China and Trinidad and Tobago: Postponement of
                                              Privacy Act New System of Records                       (‘‘Department’’) preliminarily                         Preliminary Determinations of Antidumping Duty
                                                                                                      determines that melamine from the                      Investigations, 80 FR 12979 (March 12, 2015).
                                                                                                                                                                3 Melamine is also known as 2,4,6-triamino-s-
                                              AGENCY:International Trade                              People’s Republic of China (‘‘PRC’’) is                triazine; l,3,5-Triazine-2,4,6-triamine;
                                              Administration (ITA), Department of                     being, or is likely to be, sold in the                 Cyanurotriamide; Cyanurotriamine; Cyanuramide;
                                              Commerce (DOC).                                         United States at less than fair value                  and by various brand names.



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Document Created: 2018-02-22 11:12:06
Document Modified: 2018-02-22 11:12:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective date June 18, 2015.
ContactEmily Halle, 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; Phone: (202) 482-0176.
FR Citation80 FR 34888 

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