80_FR_35010 80 FR 34893 - Antidumping Duty Investigation of Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part

80 FR 34893 - Antidumping Duty Investigation of Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range34893-34899
FR Document2015-15058

The Department of Commerce (the Department) determines that imports of certain passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (PRC) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final weighted-average dumping margins for the investigation on passenger tires from the PRC are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015) 
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34893-34899]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15058]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


Antidumping Duty Investigation of Certain Passenger Vehicle and 
Light Truck Tires From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances, In Part

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

DATES: Effective date June 18, 2015.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of certain passenger vehicle and light truck tires (passenger 
tires) from the People's Republic of China (PRC) are being, or are 
likely to be, sold in the United States at less than fair value (LTFV), 
as provided in section 735 of the Tariff Act of 1930, as amended (the 
Act). The final weighted-average dumping margins for the investigation 
on passenger tires from the PRC are listed below in the ``Final 
Determination'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Toni Page, Lingjun Wang, or Jun Jack 
Zhao, 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) 482-1398, (202) 482-2316, or (202) 482-1396, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 27, 2015, the Department published its affirmative 
preliminary determination that passenger tires from the PRC are being, 
or are likely to be, sold in the United States at less than fair value, 
as provided by section 733 of the Act.\1\ The following events occurred 
since the preliminary determination. On March 26, 2015, we published an 
amended preliminary determination in the Federal Register.\2\ From 
February 2, 2015 to February 13, 2015, and March 9, 2015 to March 13, 
2015, the

[[Page 34894]]

Department conducted sales and factors-of-production verifications of 
the two mandatory respondents: Giti Tire Global Trading Pte. Ltd., and 
its affiliates, Giti Tire (USA) Ltd., Giti Radial Tire (Anhui) Company 
Ltd., Giti Tire (Fujian) Company Ltd., Giti Tire (Hualin) Company Ltd. 
(collectively, the GITI companies); and Sailun Group Co. and its 
affiliates, Sailun Tire International Corp., Shandong Jinyu Industrial 
Co., Ltd., Jinyu International Holding Co., Limited, Seatex 
International Inc., Dynamic Tire Corp., Husky Tire Corp., Seatex PTE. 
Ltd., (collectively, the Sailun Group). The Department issued 
verification reports for the GITI companies on March 20, and March 27, 
2015; and for Sailun Group on March 20, and March 30, 2015, 
respectively.\3\ On April 10, 2015, Petitioner,\4\ the GITI companies, 
Sailun Group, and a number of separate rate applicants filed case 
briefs. On April 20, 2015, parties filed rebuttal briefs. On April 28, 
2015, the Department held a hearing with respect to this investigation. 
Interested parties also filed case briefs and rebuttal briefs on the 
scope related issues on April 6, and April 13, respectively. On May 14, 
2015, the Department held a separate hearing on scope related issues to 
this investigation.
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    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Preliminary Determination of Sales at 
Less Than Fair Value; Preliminary Affirmative Determination of 
Critical Circumstances; In Part and Postponement of Final 
Determination, 80 FR 4250 (January 27, 2015) (Preliminary 
Determination).
    \2\ See Antidumping Duty Investigation of Certain Passenger 
Vehicle and Light Truck Tires from the People's Republic of China: 
Amended Affirmative Preliminary Determination, 80 FR 15987 (March 
26, 2015) (Amended Preliminary Determination).
    \3\ See Verification Report of the Sales and Factors Responses 
of Giti Tire Global Trading Pte. Ltd. and Its Affiliated 
Subsidiaries in the Antidumping Duty Investigation of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China, dated March 20, 2015 (GITI China Verification Report); 
Verification Report of U.S. Sales of Giti Tire (USA) Ltd. in the 
Antidumping Duty Investigation of Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China, dated March 
27, 2015 (GITI CEP Verification Report); Verification of the Sales 
and Factors Response of Sailun Group Co., Ltd., Sailun Tire 
International Corp., Shandong Jinyu Industrial Co., Ltd., Jinyu 
International Holding Co., Limited, Seatex International Inc., 
Dynamic Tire Corp., Husky Tire Corp., and Seatex PTE. Ltd. in the 
Antidumping Investigation of Passenger Vehicle and Light Truck Tires 
from the People's Republic of China, dated March 20, 2015 (Sailun 
China Verificaiton Report); and Verification of the U.S. Sales 
Responses of Sailun Group Co., Ltd., in the Antidumping Duty 
Investigation of Passenger Vehicle and Light Truck Tires from the 
People's Republic of China, dated March 30, 2015 (Sailun CEP 
Verificaiton Report).
    \4\ Petitioner is United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO, CLC.
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Period of Investigation

    The period of investigation (POI) is October 1, 2013, through March 
31, 2014.

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 Issues and Decision 
Memorandum.\5\ As explained in the Issues and 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.\6\ For a complete description of the scope of the investigation, 
see Appendix II to this notice.
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    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for the Final 
Determination in the Antidumping Duty Investigation of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China'' at Comments 1 and 2 (dated concurrently with this 
notice).
    \6\ Id.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Issues and Decision Memorandum 
accompanying this notice, which is hereby adopted by this notice. A 
list of the issues which the parties raised and to which the Department 
responded in the memorandum appears in Appendix I of this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
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 Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the memorandum are identical in content.

Changes Since the Amended 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 GITI companies' and the Sailun Group's margin 
calculations since the Amended Preliminary Determination. For a 
discussion of these changes, see the Issues and Decision Memorandum and 
the Final Analysis Memoranda, all dated concurrently with this 
notice.\7\
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    \7\ See Final Analysis Memorandum for the PRC-Wide Entity, Final 
Analysis Memorandum for Giti Tire Global Trading Pte. Ltd. and its 
affiliates, and Final Analysis Memorandum for Sailun Group Co. and 
its affiliates, dated concurrently with this notice.
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Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\8\ Policy Bulletin 05.1 sets forth 
this practice.\9\
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    \8\ See Certain Passenger Vehicle and Light Truck Tires From the 
People's Republic of China: Initiation of Antidumping Duty 
Investigation, 79 FR 42292 (July 21, 2014) (Initiation Notice).
    \9\ See Enforcement and Compliance Policy Bulletin No. 05.1 
``Separate-Rates Practice and Application of Combination Rates in 
Antidumping Investigations involving Non-Market Economy Countries,'' 
(April 5, 2005) (Policy Bulletin 05.1), available on the 
Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

    The Department determines that the estimated final weighted-average 
dumping margins are as follows:

[[Page 34895]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
          Exporter(s)                  Producer(s)        dumping margin
                                                             (percent)
------------------------------------------------------------------------
Giti Tire Global Trading Pte.    Giti Radial Tire                  29.97
 Ltd., Giti Tire (USA) Ltd.,      (Anhui) Company Ltd.,
 Giti Radial Tire (Anhui)         Giti Tire (Fujian)
 Company Ltd., Giti Tire          Company Ltd., Giti
 (Fujian) Company Ltd., Giti      Tire (Hualin) Company
 Tire (Hualin) Company Ltd.,      Ltd.
 (Collectively, the GITI
 Companies).
Sailun Group Co., Ltd. (aka      Sailun Group Co., Ltd.            14.35
 Sailun Jinyu Group Co., Ltd.),   (aka Sailun Jinyu
 Sailun Tire International        Group Co., Ltd.),
 Corp., Shandong Jinyu            Shandong Jinyu
 Industrial Co., Ltd., Jinyu      Industrial Co., Ltd.
 International Holding Co.,
 Limited, Seatex International
 Inc., Dynamic Tire Corp.,
 Husky Tire Corp., Seatex PTE.
 Ltd., (Collectively, Sailun
 Group).
Cooper Tire & Rubber Company...  Cooper Chengshan                  25.30
                                  (Shandong) Tire Co.,
                                  Ltd., Cooper (Kunshan)
                                  Tire Co., Ltd.
Cooper Chengshan (Shandong)      Cooper Chengshan                  25.30
 Tire Co., Ltd.                   (Shandong) Tire Co.,
                                  Ltd.
Cooper (Kunshan) Tire Co., Ltd.  Cooper (Kunshan) Tire             25.30
                                  Co., Ltd.
Best Choice International Trade  Qingdao Sentury Tire              25.30
 Co., Limited.                    Co., Ltd., Shandong
                                  Haohua Tire Co., Ltd.,
                                  Beijing Capital Tire
                                  Co., Ltd.
Bridgestone (Wuxi) Tire Co.,     Bridgestone (Wuxi) Tire           25.30
 Ltd.                             Co., Ltd.
Bridgestone Corporation........  Bridgestone (Wuxi) Tire           25.30
                                  Co., Ltd.
Cheng Shin Tire & Rubber         Cheng Shin Tire &                 25.30
 (China) Co., Ltd.                Rubber (China) Co.,
                                  Ltd., Cheng Shin Tire
                                  & Rubber (Chongqing)
                                  Co., Ltd.
Crown International Corporation  Shandong Guofeng Rubber           25.30
                                  Plastics Co., Ltd.,
                                  Shandong Haohua Tire
                                  Co., Ltd., Shandong
                                  Jinyu Industrial Co.,
                                  Ltd., Doublestar-
                                  Dongfeng Tyre Co.,
                                  Ltd., Shengtai Group
                                  Co., Ltd., Qingdao
                                  Doublestar Tire
                                  Industrial Co., Ltd.,
                                  Shandong Yongtai
                                  Chemical Co., Ltd.
Goodyear Dalian Tire Company     Goodyear Dalian Tire              25.30
 Limited.                         Company Limited.
Guangzhou Pearl River Rubber     Guangzhou Pearl River             25.30
 Tyre Ltd.                        Rubber Tyre Ltd.
Hankook Tire China Co., Ltd....  Hankook Tire China Co.,           25.30
                                  Ltd.
Hebei Tianrui Rubber Co., Ltd..  Hebei Tianrui Rubber              25.30
                                  Co., Ltd.
Highpoint Trading, Ltd.........  Federal Tire (Jiangxi)            25.30
                                  Ltd.
Hong Kong Tiancheng Investment   Shandong Linglong Tyre            25.30
 & Trading Co., Limited.          Co., Ltd.
Hong Kong Tri-Ace Tire Co.,      Shandong Yongtai                  25.30
 Limited.                         Chemical Co., Ltd.,
                                  Doublestar-Dongfeng
                                  Tyre Co., Ltd.
Hwa Fong Rubber (Hong Kong) Ltd  Hwa Fong Rubber                   25.30
                                  (Suzhou) Co., Ltd.
Jiangsu Hankook Tire Co., Ltd..  Jiangsu Hankook Tire              25.30
                                  Co., Ltd.
Kenda Rubber (China) Co., Ltd..  Kenda Rubber (China)              25.30
                                  Co., Ltd.
Kumho Tire Co., Inc............  Kumho Tire (Tianjin)              25.30
                                  Co., Inc., Nanjing
                                  Kumho Tire Co., Ltd.,
                                  Kumho Tire (Changchun)
                                  Co., Inc.
Mayrun Tyre (Hong Kong) Limited  South China Tire &                25.30
                                  Rubber Co., Ltd.,
                                  Shandong Haohua Tire
                                  Co., Ltd.
Nankang (Zhangjiagang Free       Nankang (Zhangjiagang             25.30
 Trade Zone) Rubber Industrial    Free Trade Zone)
 Co., Ltd.                        Rubber Industrial Co.,
                                  Ltd.
Pirelli Tyre Co., Ltd..........  Pirelli Tyre Co., Ltd..           25.30
Qingdao Crown Chemical Co., Ltd  Shandong Guofeng Rubber           25.30
                                  Plastics Co., Ltd.,
                                  Shandong Haohua Tire
                                  Co., Ltd., Shandong
                                  Jinyu Industrial Co.,
                                  Ltd., Doublestar-
                                  Dongfeng Tyre Co., Ltd.
Qingdao Free Trade Zone Full-    Shandong Zhentai Group            25.30
 World International Trading      Co., Ltd., Longkou
 Co., Ltd.                        Xinglong Tyre Co.,
                                  Ltd., Hebei Tianrui
                                  Rubber Co., Ltd.
Qingdao Fullrun Tyre Corp. Ltd.  Fullrun Tyre Tech                 25.30
                                  Corp., Ltd., Shengtai
                                  Group Co., Ltd.,
                                  Shandong Zhongyi
                                  Rubber Co., Ltd.,
                                  Shandong Guofeng
                                  Rubber Plastics Co,
                                  Ltd., Deruibao Tire
                                  Co., Ltd., Shandong
                                  New Continent Tire
                                  Co., Ltd., Shandong
                                  Fengyuan Tyre
                                  Manufacturing Co.,
                                  Ltd., Sichuan Tyre &
                                  Rubber Co., Ltd.,
                                  Qingdao Futaian Tyre
                                  Teck. Co., Ltd., Good
                                  Friend Tyre Co., Ltd.,
                                  Shandong Hengyu
                                  Science & Technology
                                  Co., Ltd., Shandong
                                  Longyue Rubber Co.,
                                  Ltd., Shouguang
                                  Firemax Tyre Co.,
                                  Ltd., Beijing Capital
                                  Tire Co., Ltd.,
                                  Shandong Wanda Boto
                                  Tyre Co., Ltd.,
                                  Zhaoqing Junhong Co.,
                                  Ltd., Shandong
                                  Huasheng Rubber Co.,
                                  Ltd., Shandong Haohua
                                  Tire Co., Ltd.,
                                  Shandong Province
                                  Sanli Tire
                                  Manufactured Co., Ltd.
Qingdao Fullrun Tyre Tech        Qingdao Fullrun Tyre              25.30
 Corp., Ltd.                      Tech Corp., Ltd.
Qingdao Honghua Tyre Factory...  Qingdao Honghua Tyre              25.30
                                  Factory.
Qingdao Nama Industrial Co.,     Shandong Guofeng Rubber           25.30
 Ltd.                             Plastics Co., Ltd.,
                                  Shandong Hengyu
                                  Science & Technology
                                  Co., Ltd., Shandong
                                  Longyue Rubber Co.,
                                  Ltd., Shandong Haohua
                                  Tire Co., Ltd.,
                                  Shouguang Firemax Tyre
                                  Co., Ltd., Shandong
                                  Zhongyi Rubber Co.,
                                  Ltd., Shandong Yonking
                                  Rubber Co., Ltd.,
                                  Shandong Hongsheng
                                  Rubber Technology Co.,
                                  Ltd.
Qingdao Nexen Tire Corporation.  Qingdao Nexen Tire                25.30
                                  Corporation.

[[Page 34896]]

 
Qingdao Odyking Tyre Co., Ltd..  Doublestar-Dongfeng               25.30
                                  Tyre Co., Ltd.,
                                  Shandong Fengyuan Tire
                                  Manufacturing Co.,
                                  Ltd., Shouguang
                                  Firemax Tyre Co., Ltd.
Qingdao Qianzhen Tyre Co., Ltd.  Qingdao Qianzhen Tyre             25.30
                                  Co., Ltd.
Qingdao Qihang Tyre Co., Ltd...  Qingdao Qihang Tyre               25.30
                                  Co., Ltd.
Qingdao Qizhou Rubber Co., Ltd.  Qingdao Qizhou Rubber             25.30
                                  Co., Ltd.
Qingdao Sentury Tire Co., Ltd..  Qingdao Sentury Tire              25.30
                                  Co., Ltd.
Shandong Anchi Tyres Co., Ltd..  Shandong Anchi Tyres              25.30
                                  Co., Ltd.
Shandong Changfeng Tyres Co.,    Shandong Changfeng                25.30
 Ltd.                             Tyres Co., Ltd.
Shandong Duratti Rubber          Shandong Duratti Rubber           25.30
 Corporation Co., Ltd.            Corporation Co., Ltd.
Shandong Guofeng Rubber          Shandong Guofeng Rubber           25.30
 Plastics Co., Ltd.               Plastics Co., Ltd.
Shandong Haohua Tire Co., Ltd..  Shandong Haohua Tire              25.30
                                  Co., Ltd.
Shandong Haolong Rubber Tire     Shandong Haolong Rubber           25.30
 Co., Ltd.                        Tire Co., Ltd.
Shandong Hawk International      Shandong Hawk                     25.30
 Rubber Industry Co., Ltd.        International Rubber
                                  Industry Co., Ltd.
Shandong Hengyu Science &        Shandong Hengyu Science           25.30
 Technology Co., Ltd.             & Technology Co., Ltd.
Shandong Huitong Tyre Co., Ltd.  Shandong Huitong Tyre             25.30
                                  Co., Ltd., Laiwu
                                  Sunshine Tyre Co., Ltd.
Shandong Linglong Tyre Co., Ltd  Shandong Linglong Tyre            25.30
                                  Co., Ltd.
Shandong Longyue Rubber Co.,     Shandong Longyue Rubber           25.30
 Ltd.                             Co., Ltd.
Shandong New Continent Tire      Shandong New Continent            25.30
 Co., Ltd.                        Tire Co., Ltd.
Shandong Province Sanli Tire     Shandong Province Sanli           25.30
 Manufactured Co., Ltd.           Tire Manufactured Co.,
                                  Ltd.
Shandong Shuangwang Rubber Co.,  Shandong Shuangwang               25.30
 Ltd.                             Rubber Co., Ltd.
Shandong Wanda Boto Tyre Co.,    Shandong Wanda Boto               25.30
 Ltd.                             Tyre Co., Ltd.
Shandong Yongtai Chemical Co.,   Shandong Yongtai                  25.30
 Ltd.                             Chemical Co., Ltd.
Shandong Zhongyi Rubber Co.,     Shandong Zhongyi Rubber           25.30
 Ltd.                             Co., Ltd.
Shengtai Group Co., Ltd........  Shengtai Group Co.,               25.30
                                  Ltd., Shandong
                                  Shengshitailai Rubber
                                  Technology Co., Ltd.
Shifeng Juxing Tire Co., Ltd...  Shifeng Juxing Tire               25.30
                                  Co., Ltd.
Shouguang Firemax Tyre Co., Ltd  Shouguang Firemax Tyre            25.30
                                  Co., Ltd.
Southeast Mariner International  Dongying Zhongyi Rubber           25.30
 Co., Ltd.                        Co., Ltd., Shandong
                                  Haohua Tire Co., Ltd.
Techking Tires Limited.........  Shandong Longyue Rubber           25.30
                                  Co., Ltd.
Toyo Tire (Zhangjiagang) Co.,    Toyo Tire                         25.30
 Ltd.                             (Zhangjiagang) Co.,
                                  Ltd.
Triangle Tyre Co., Ltd.........  Triangle Tyre Co., Ltd.           25.30
Tyrechamp Group Co., Limited...  Shandong Haohua Tire              25.30
                                  Co., Ltd., Sichuan
                                  Tyre & Rubber Co.,
                                  Ltd., Shandong Anchi
                                  Tyres Co., Ltd.,
                                  Beijing Capital Tire
                                  Co. Ltd., Shandong
                                  Wanda Boto Tyre Co.,
                                  Ltd., Shandong Wosen
                                  Rubber Co., Ltd.,
                                  Shandong Zhentai Group
                                  Co., Ltd., Shandong
                                  Yonking Rubber Co.,
                                  Ltd., Qingdao
                                  Doublestar Tire
                                  Industrial Co., Ltd.,
                                  South China Tire &
                                  Rubber Co. Ltd., Anhui
                                  Heding Tire Technology
                                  Co., Ltd.
Weihai Ping'an Tyre Co., Ltd...  Weihai Ping'an Tyre               25.30
                                  Co., Ltd.
Weihai Zhongwei Rubber Co., Ltd  Weihai Zhongwei Rubber            25.30
                                  Co., Ltd.
Wendeng Sanfeng Tyre Co., Ltd..  Wendeng Sanfeng Tyre              25.30
                                  Co., Ltd.
Winrun Tyre Co., Ltd...........  Shaanxi Yanchang                  25.30
                                  Petroleum Group Rubber
                                  Co. Ltd.
Zenith Holdings (HK) Limited...  Shandong Linglong Tyre            25.30
                                  Co., Ltd.
Zhaoqing Junhong Co., Ltd......  Zhaoqing Junhong Co.,             25.30
                                  Ltd.
PRC-Wide Entity *..............  .......................           87.99
------------------------------------------------------------------------
* The PRC-wide entity includes, among other companies, Yongsheng Rubber
  Group Co., Ltd. (Yongsheng), a mandatory respondent in this
  investigation that did not demonstrate that it is entitled to a
  separate rate. Accordingly, we consider Yongsheng to be part of the
  PRC-Wide Entity.

Disclosure

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of any public announcement of this notice 
in accordance with 19 CFR 351.224(b).

Final Affirmative Determination of Critical Circumstances, In Part

    We continue to find that critical circumstances do not exist for 
the GITI companies and the Sailun Group. In addition, we found that 
critical circumstances do not exist for the separate rate companies, 
while they do exist for the PRC-wide entity. A discussion of our 
determination can be found in the Issues and Decision Memorandum at the 
section, ``Critical Circumstances.''

Continuation of Suspension of Liquidation

    As noted above, for this final determination, the Department found 
that critical circumstances exist with respect to imports of the 
subject merchandise from the PRC-wide entity. Therefore, in accordance 
with section 735(c)(4)(A) of the Act, we will instruct U.S. Customs and 
Border Protection (CBP) to continue to suspend liquidation of all 
imports of the merchandise subject to the investigation from the PRC-
wide entity, that were entered or withdrawn from warehouse, for 
consumption on or after October 29, 2014, 90 days prior to publication 
of the Preliminary Determination in the Federal Register, and require a 
cash deposit for such entries as noted below.
    Because we did not find that critical circumstances exist with 
respect to the GITI companies, the Sailun Group, and the separate rate 
companies,\10\ in

[[Page 34897]]

accordance with section 735(c)(1)(B) of the Act, we will instruct CBP 
to continue to suspend liquidation of all appropriate entries of 
passenger tires from the PRC, as described in the ``Scope of the 
Investigation and Scope Comments'' section of this notice and which 
were entered, or withdrawn from warehouse, for consumption on or after 
January 27, 2015, the date of publication of the Preliminary 
Determination in the Federal Register.
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    \10\ With regard to the separate rate companies, we will also 
instruct CBP to terminate suspension and to release any bond or 
other security, and refund any cash deposit made, to secure the 
payment of estimated antidumping duties with respect to entries of 
the merchandise entered, or withdrawn from warehouse, for 
consumption on or after October 29, 2014 (i.e., 90 days prior to the 
date of publication of the Federal Register), but before January 27, 
2015 (the date of publication of the Preliminary Determination).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a 
cash deposit \11\ for all suspended entries at an ad valorem rate equal 
to the weighted-average amount by which normal value exceeds U.S. 
price, as follows: (1) The cash deposit rate for the exporter/producer 
combination listed in the table above will be the rate identified for 
that combination in the table adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through; \12\ (2) for all 
combinations of PRC exporters/producers of merchandise under 
consideration that have not received their own separate rate above, the 
cash-deposit rate will be the cash deposit rate established for the 
PRC-wide entity, 87.99 percent, adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through; and (3) for all 
non-PRC exporters of the merchandise under consideration which have not 
received their own separate rate above, the cash-deposit rate will be 
the cash deposit rate applicable to the PRC exporter/producer 
combination that supplied that non-PRC exporter. These suspension of 
liquidation and cash deposit instructions will remain in effect until 
further notice.
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    \11\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
    \12\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department 
calculates the adjustment for export subsidies in investigations not 
in the margin-calculation program, but in the cash-deposit 
instructions issued to CBP. See Notice of Final Determination of 
Sales at Less Than Fair Value, and Negative Determination of 
Critical Circumstances: Certain Lined Paper Products from India, 71 
FR 45012 (August 8, 2006), and accompanying Issues and Decision 
memorandum at Comment 1.
---------------------------------------------------------------------------

    As stated previously, we will adjust cash deposit rates by the 
amount of export subsidies, where appropriate. In the companion CVD 
investigation, GITI companies received a calculated export subsidy rate 
of 15.03 percent while the all-others companies received a calculated 
export subsidy rate of 13.53 percent.\13\ Therefore, we will offset 
GITI companies' cash deposit rate of 29.97 percent by 15.03 percent, 
while the Sailun Group's and the separate rate companies' cash deposit 
rates of 14.35 percent and 25.30 percent, respectively, will be reduced 
by 13.53 percent as these companies were considered ``all-others'' 
companies in the companion CVD case. For Cooper Tire & Rubber Company, 
Cooper (Kunshan) Tire Co., Ltd., and Cooper Chengshan (Shandong) Tire 
Co., Ltd. (collectively, Cooper), another mandatory respondent in the 
companion CVD investigation, we will offset its cash deposit rate of 
25.30 percent by its cacluated export subsidy rate of 11.13 percent. 
Finally, we are adjusting the cash deposit rate applicable to the PRC-
wide entity for export subsidies, by the lowest export subsidy rate 
determined for any party in the companion CVD proceeding, which is 
11.13 percent.\14\
---------------------------------------------------------------------------

    \13\ See Cerain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination and accompanying Issues and Decision Memorandum (CVD 
Final). The final determination in this companion CVD proceeding is 
being concurrently released on the same day as this final 
determination. See also, Memorandum to the File, ``Certain Passenger 
Vehicle and Light Truck from the People's Republic of China: Double 
Remides Final Calculation Memorandum,'' dated concurrently with this 
notice (Double Remedies Memorandum).
    \14\ Id.
---------------------------------------------------------------------------

    Pursuant to 777A(f) of the Act, we are also adjusting final cash 
deposit rates for estimated domestic subsidy pass-through, where 
appropriate. We will adjust the Sailun Group's,\15\ Cooper's and the 
separate rate companies' cash deposit rates by 3.59 percent to account 
for estimated domestic subsidy pass-through.\16\ We are also adjusting 
GITI companies' and the PRC-wide entity's cash deposit rate by 0.40 
percent to account for estimated domestic subsidy pass-through.\17\
---------------------------------------------------------------------------

    \15\ Sailun Group's AD cash deposit rate after adjusting for 
export subsidies and estimated domestic subsidy pass-through will be 
zero percent. We will instruct CBP to require a cash deposit for all 
of Sailun Group's suspended entries at an ad valorem rate of zero 
percent.
    \16\ See CVD Final and Double Remedies Memorandum.
    \17\ Id.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at less than fair value. Because the final 
determination in this proceeding is affirmative, the ITC will make its 
final determination, in accordance with section 735(b)(2) of the Act, 
as to whether the domestic industry in the United States is materially 
injured, threatened with material injury, or the establishment of an 
industry in the United States is materially retarded by reason of 
imports of passenger tires from the PRC, no later than 45 days after 
our final determination. If the ITC determines that material injury, 
threat of material injury, or material retardation does not exist, this 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury or 
material retardation does exist, then the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders (APO)

    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 and notice are issued and published pursuant to 
sections 735(d) and 777(i)(1) of the Act.

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

Appendix I

Outline of the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Adverse Facts Available
V. Critical Circumstances
VI. Margin Calculations
VII. Discussion of the Issues
VIII. Recommendation

List of Topics Discussed in the Issues and Decision Memorandum

Comment 1: Whether to Modify the Language of the Exclusion on 
Special Trailer (ST) Tires

[[Page 34898]]

Comment 2: Whether Slingshot Tires Are Included in the Scope
Comment 3: Critical Circumstances
Comment 4: Whether Sailun Group Should Receive a Double Remedy 
Adjustment
Comment 5: Whether the Department Applied the Appropriate Double 
Remedy Adjustment to Cooper
Comment 6: Whether GITI Companies Should Receive a Double Remedy 
Adjustment
Comment 7: Analysis of the Pass-through Rate of the Double Remedy 
Adjustment
Comment 8: Whether to Grant Sailun Group an Offset for By-Products
Comment 9: Whether to Include Goodyear Thailand's Financial 
Statements in the Calculation of the Financial Ratios
Comment 10: Whether to Include Export Expenses in the SG&A Ratios 
for SR Tyres and Hihero
Comment 11: Whether to Include All Labor Related Costs in the 
Denominator of the Financial Ratios Calculation
Comment 12: Selection of Surrogate Country
Comment 13: Valuation of Labor
Comment 14: Valuation of Market Economy Purchases
Comment 15: Valuation of Truck Freight
Comment 16: Calculation of Market Economy Purchases
Comment 17: Valuation of Brokerage & Handling
Comment 18: Valuation of GITI Companies' Steam
Comment 19: Valuation of Sailun Group's Steam
Comment 20: Valuation of GITI Companies' Ocean Freight
Comment 21: Valuation of Sailun Group's Ocean Freight
Comment 22: Valuation of Sailun Group's U.S. Inland Freight
Comment 23: Valuation of Sailun Group's Reclaimed Rubber
Comment 24: Sailun Group's Name Change
Comment 25: Cooper's Name Change
Comment 26: Shandong Yongtai Chemical Co., Ltd.'s (Yongtai) Name 
Change
Comment 27: Application of AFA to all Subject Merchandise Produced 
by Yongsheng
Comment 28: Whether the Department Properly Accounted for the 
Weighted-Average Price of Certain Market Economy Purchases
Comment 29: Whether the Department Made All Appropriate Adjustments 
in the Calculation of Sailun Group's U.S. Price
Comment 30: Whether the Department Should Apply AFA to GITI 
Companies' Unreported Sales Submitted as a Minor Correction at 
Verification
Comment 31: Whether the Department Should Use the GITI Companies' 
Revised Databases that Include All the Minor Corrections
Comment 32: Whether the Department Should Reduce the Sailun Group's 
U.S. Prices by the Amount of the Irrecoverable VAT
Comment 33: Whether the Irrecoverable VAT Percentage Should Be 
Applied to the FOB China Value
Comment 34: Whether the Department Correctly Reduced the U.S. Price 
by the Amount of the Irrecoverable VAT
Comment 35: The Department's Authority to Apply a PRC-Wide Rate
Comment 36: PRC Government Control of the Economy
Comment 37: Guangzhou Wanli Tire Trading Co. Ltd.'s (Wanli) Separate 
Rate Status
Comment 38: Guizhou Tyre Import and Export Co., Ltd.'s (GTCIE) 
Separate Rate Status
Comment 39: Double Coin Holdings' (Double Coin) Separate Rate Status
Comment 40: Shaanxi Yanchang Petroleum Group Rubber Co., Ltd.'s 
(Shaanxi) Separate Rate Status
Comment 41: Sichuan Tyre and Rubber Co. Ltd.'s (Sichuan Tyre) 
Separate Rate Status
Comment 42: Zhongce Rubber Group Company Limited's (Zhongce) 
Separate Rate Status
Comment 43: Shandong Anchi Tyres Co., Ltd.'s (Anchi) Separate Rate 
Status
Comment 44: America Business Co., Ltd.'s (America Business) Separate 
Rate Status
Comment 45: Highpoint Trading, Ltd., (Highpoint) and Federal Tire 
(Jiangxi), Ltd. (Jiangxi) Separate Rate Status
Comment 46: Qingdao Jinhaoyang International Co., Ltd.'s 
(Jinhaoyang) Separate Rate Status
Comment 47: Qingdao Au-Shine Group Co., Limited's (Au-Shine) 
Separate Rate Status
Comment 48: Qingdao Fuyingxiang Imp. & Exp. Co., Ltd.'s 
(Fuyingxiang) Separate Rate Status
Comment 49: Shandong Changfeng Tyres Co., Ltd.'s (Changfeng) 
Separate Rate Status
Comment 50: Shandong Fengyuan Tire Manufacturing Co., Ltd.'s 
(Fengyuan) Separate Rate Status
Comment 51: Longkou Xinglong Tyre Co., Ltd.'s (Longkou) Separate 
Rate Status
Comment 52: Liaoning Permanent Tyre Co., Ltd.'s (Permanent) Separate 
Rate Status
Comment 53: Qingdao Fullrun Tyre Corp. Ltd.'s (Fullrun) Separate 
Rate Status
Comment 54: Zhejiang Qingda Rubber Co., Ltd.'s (Qingda) Separate 
Rate Status

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

[[Page 34899]]

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 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. 2015-15058 Filed 6-17-15; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices 34893 consumption on or after the date of countervailing duty rate in the DEPARTMENT OF COMMERCE publication of this notice in the Federal concurrent countervailing duty Register. investigation, and, thus, we will offset International Trade Administration Pursuant to 19 CFR 351.205(d), the the PRC-wide rate of 363.31 percent by Department will instruct CBP to require [A–570–016] the countervailing duty rate attributable a cash deposit 14 equal to the weighted- to export subsidies (i.e., 3.28 percent) to Antidumping Duty Investigation of average amount by which normal value calculate the cash deposit rate for this Certain Passenger Vehicle and Light (NV) exceeds U.S. price, adjusted where LTFV investigation.17 We are not Truck Tires From the People’s appropriate for export subsidies and adjusting the PRC-wide rate for Republic of China: Final Determination estimated domestic subsidy pass- estimated domestic subsidy pass- of Sales at Less Than Fair Value and through,15 as follows: (1) The cash through because we have no basis upon Final Affirmative Determination of deposit rate for any exporter/producer which to make such an adjustment.18 Critical Circumstances, In Part combinations listed in the table above will be the rate the Department International Trade Commission AGENCY: Enforcement and Compliance, determines in this preliminary (‘‘ITC’’) Notification International Trade Administration, determination; (2) for all combinations In accordance with section 733(f) of Department of Commerce. of PRC exporters/producers of the Act, we notified the ITC of our DATES: Effective date June 18, 2015. merchandise under consideration that preliminary affirmative determination of SUMMARY: The Department of Commerce have not received their own separate sales at LTFV. Section 735(b)(2) of the (the Department) determines that rate above, the cash-deposit rate will be Act requires the ITC to make its final imports of certain passenger vehicle and the cash deposit rate established for the determination as to whether the light truck tires (passenger tires) from PRC-wide entity; and (3) for all non-PRC domestic industry in the United States the People’s Republic of China (PRC) are exporters of merchandise under is materially injured, or threatened with being, or are likely to be, sold in the consideration which have not received material injury, by reason of imports of United States at less than fair value their own separate rate above, the cash- melamine, or sales (or the likelihood of (LTFV), as provided in section 735 of deposit rate will be the cash deposit rate sales) for importation, of the the Tariff Act of 1930, as amended (the applicable to the PRC exporter/producer merchandise under consideration Act). The final weighted-average combination that supplied that non-PRC within 45 days of our final dumping margins for the investigation exporter. determination. on passenger tires from the PRC are Furthermore, consistent with our This determination is issued and listed below in the ‘‘Final practice, where the product under published in accordance with sections Determination’’ section of this notice. investigation is also subject to a 733(f) and 777(i)(1) of the Act and 19 concurrent countervailing duty FOR FURTHER INFORMATION CONTACT: Toni CFR 351.205(b)(2). Page, Lingjun Wang, or Jun Jack Zhao, investigation, we instruct CBP to require a cash deposit equal to the amount by Dated: June 10, 2015. AD/CVD Operations, Office VII, which the NV exceeds the export price Paul Piquado, Enforcement and Compliance, or constructed export price, less the Assistant Secretary for Enforcement and International Trade Administration, amount of the countervailing duty Compliance. U.S. Department of Commerce, 14th determined to constitute an export Street and Constitution Avenue NW., List of Topics Discussed in the subsidy. In this LTFV investigation, Washington, DC 20230; telephone: (202) Preliminary Decision Memorandum with regard to PRC-wide entity, export 482–1398, (202) 482–2316, or (202) 482– subsidies constitute 3.28 percent 16 of I. Summary 1396, respectively. the preliminarily calculated II. Background SUPPLEMENTARY INFORMATION: 1. Initiation 14 See Modification of Regulations Regarding the 2. Period of Investigation Background Practice of Accepting Bonds During the Provisional 3. Postponement of Preliminary Determination On January 27, 2015, the Department Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 4. Scope of the Investigation published its affirmative preliminary (October 3, 2011). 5. Scope Comments determination that passenger tires from 15 See sections 772(c)(1)(C) and 777A(f) of the 6. Selection of Respondents the PRC are being, or are likely to be, Act, respectively. Unlike in administrative reviews, III. Discussion of the Methodology sold in the United States at less than fair the Department calculates the adjustment for export 1. Non-Market Economy Country subsidies in investigations not in the margin value, as provided by section 733 of the calculation program, but in the cash deposit 2. Separate Rates and the PRC-wide Entity Act.1 The following events occurred instructions issued to CBP. See Notice of Final 3. Application of Facts Available and since the preliminary determination. On Determination of Sales at Less Than Fair Value, Selection Based Upon Adverse Inferences for the PRC-Wide Entity March 26, 2015, we published an and Negative Determination of Critical Circumstances: Certain Lined Paper Products from 4. Corroboration of AFA Rate amended preliminary determination in India, 71 FR 45012 (August 8, 2006), and 5. Verification the Federal Register.2 From February 2, accompanying Issues and Decision Memorandum at 6. Section 777A(f) of the Act 2015 to February 13, 2015, and March Comment 1. 16 The following subsidy programs in the IV. ITC Notification 9, 2015 to March 13, 2015, the V. Conclusion preliminary determination of the concurrent 1 See Certain Passenger Vehicle and Light Truck countervailing duty investigation are export [FR Doc. 2015–14973 Filed 6–17–15; 8:45 am] subsidies: Preferential Export Financing from the Tires from the People’s Republic of China: BILLING CODE 3510–DS–P Preliminary Determination of Sales at Less Than Export-Import Bank of Chines (1.06%), Reduced Fee Export Insurance (1.06%), Grants to Cover Legal Fair Value; Preliminary Affirmative Determination tkelley on DSK3SPTVN1PROD with NOTICES 17 The cash deposit rate reflecting the export of Critical Circumstances; In Part and Fees in Trade Remedy Cases (0.58%), and Cash Grants for Exports (0.58%). See Melamine From the subsidy offset will be in effect until the Postponement of Final Determination, 80 FR 4250 People’s Republic of China: Preliminary Affirmative countervailing duty provisional measures expire (January 27, 2015) (Preliminary Determination). Countervailing Duty Determination, and Alignment (i.e. 120 days after the publication of the 2 See Antidumping Duty Investigation of Certain of Final Countervailing Duty Determination With preliminary determination of the companion Passenger Vehicle and Light Truck Tires from the Final Antidumping Duty Determination, 80 FR countervailing duty investigation). People’s Republic of China: Amended Affirmative 21706 (April 20, 2015), and accompanying 18 See Preliminary Decision Memorandum at the Preliminary Determination, 80 FR 15987 (March 26, Preliminary Decision Memorandum at 12–13. section, ‘‘Section 777A(f) of the Act.’’ 2015) (Amended Preliminary Determination). 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34894 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices Department conducted sales and factors- 4011.20.50.10. Tires meeting the scope to which the Department responded in of-production verifications of the two description may also enter under the the memorandum appears in Appendix mandatory respondents: Giti Tire Global following HTSUS subheadings: I of this notice. The Issues and Decision Trading Pte. Ltd., and its affiliates, Giti 4011.99.45.10, 4011.99.45.50, Memorandum is a public document and Tire (USA) Ltd., Giti Radial Tire (Anhui) 4011.99.85.10, 4011.99.85.50, is on file electronically via Enforcement Company Ltd., Giti Tire (Fujian) 8708.70.45.45, 8708.70.45.60, and Compliance’s Antidumping and Company Ltd., Giti Tire (Hualin) 8708.70.60.30, 8708.70.60.45, and Countervailing Duty Centralized Company Ltd. (collectively, the GITI 8708.70.60.60. While HTSUS Electronic Service System (ACCESS). companies); and Sailun Group Co. and subheadings are provided for ACCESS is available to registered users its affiliates, Sailun Tire International convenience and for customs purposes, at http://access.trade.gov and is Corp., Shandong Jinyu Industrial Co., the written description of the subject available to all parties in the Central Ltd., Jinyu International Holding Co., merchandise is dispositive. Records Unit, Room B8024 of the main Limited, Seatex International Inc., The Department received comments Department of Commerce building. In Dynamic Tire Corp., Husky Tire Corp., regarding the scope of this investigation addition, a complete version of the Seatex PTE. Ltd., (collectively, the from numerous interested parties, Issues and Decision Memorandum can Sailun Group). The Department issued which we have summarized and be accessed directly at http:// verification reports for the GITI addressed in the accompanying Issues enforcement.trade.gov/frn/. The signed companies on March 20, and March 27, and Decision Memorandum.5 As and electronic versions of the 2015; and for Sailun Group on March explained in the Issues and Decision memorandum are identical in content. 20, and March 30, 2015, respectively.3 Memorandum, to facilitate the scope’s On April 10, 2015, Petitioner,4 the GITI Changes Since the Amended administrability and enforcement, we companies, Sailun Group, and a number Preliminary Determination have clarified the scope language such of separate rate applicants filed case that ‘‘N’’ speed-rated specialty trailer Based on our review and analysis of briefs. On April 20, 2015, parties filed tires that meet certain requirements are the comments received from parties, rebuttal briefs. On April 28, 2015, the excluded from the scope.6 For a and minor corrections presented at Department held a hearing with respect complete description of the scope of the verification, we made certain changes to to this investigation. Interested parties investigation, see Appendix II to this the GITI companies’ and the Sailun also filed case briefs and rebuttal briefs notice. Group’s margin calculations since the on the scope related issues on April 6, Amended Preliminary Determination. and April 13, respectively. On May 14, Analysis of Comments Received For a discussion of these changes, see 2015, the Department held a separate All issues raised in the case and the Issues and Decision Memorandum hearing on scope related issues to this rebuttal briefs by parties to this and the Final Analysis Memoranda, all investigation. investigation are addressed in the Issues dated concurrently with this notice.7 Period of Investigation and Decision Memorandum accompanying this notice, which is Combination Rates The period of investigation (POI) is hereby adopted by this notice. A list of In the Initiation Notice, the October 1, 2013, through March 31, the issues which the parties raised and Department stated that it would 2014. calculate combination rates for the Scope of the Investigation and Scope 3 See Verification Report of the Sales and Factors respondents that are eligible for a Comments Responses of Giti Tire Global Trading Pte. Ltd. and Its Affiliated Subsidiaries in the Antidumping Duty separate rate in this investigation.8 The products covered by this Investigation of Certain Passenger Vehicle and Light Policy Bulletin 05.1 sets forth this investigation are certain passenger tires Truck Tires from the People’s Republic of China, practice.9 dated March 20, 2015 (GITI China Verification from the PRC. The products covered by Report); Verification Report of U.S. Sales of Giti Final Determination the investigation are currently classified Tire (USA) Ltd. in the Antidumping Duty under the following Harmonized Tariff Investigation of Certain Passenger Vehicle and Light The Department determines that the Schedule of the United States (HTSUS) Truck Tires from the People’s Republic of China, estimated final weighted-average dated March 27, 2015 (GITI CEP Verification dumping margins are as follows: subheadings: 4011.10.10.10, Report); Verification of the Sales and Factors 4011.10.10.20, 4011.10.10.30, Response of Sailun Group Co., Ltd., Sailun Tire 7 See Final Analysis Memorandum for the PRC- 4011.10.10.40, 4011.10.10.50, International Corp., Shandong Jinyu Industrial Co., Ltd., Jinyu International Holding Co., Limited, Wide Entity, Final Analysis Memorandum for Giti 4011.10.10.60, 4011.10.10.70, Tire Global Trading Pte. Ltd. and its affiliates, and Seatex International Inc., Dynamic Tire Corp., 4011.10.50.00, 4011.20.10.05, and Husky Tire Corp., and Seatex PTE. Ltd. in the Final Analysis Memorandum for Sailun Group Co. Antidumping Investigation of Passenger Vehicle and its affiliates, dated concurrently with this 1 See Certain Passenger Vehicle and Light Truck and Light Truck Tires from the People’s Republic notice. Tires from the People’s Republic of China: of China, dated March 20, 2015 (Sailun China 8 See Certain Passenger Vehicle and Light Truck Preliminary Determination of Sales at Less Than Verificaiton Report); and Verification of the U.S. Tires From the People’s Republic of China: Fair Value; Preliminary Affirmative Determination Sales Responses of Sailun Group Co., Ltd., in the Initiation of Antidumping Duty Investigation, 79 FR of Critical Circumstances; In Part and Antidumping Duty Investigation of Passenger 42292 (July 21, 2014) (Initiation Notice). Postponement of Final Determination, 80 FR 4250 Vehicle and Light Truck Tires from the People’s 9 See Enforcement and Compliance Policy (January 27, 2015) (Preliminary Determination). Republic of China, dated March 30, 2015 (Sailun Bulletin No. 05.1 ‘‘Separate-Rates Practice and 2 See Antidumping Duty Investigation of Certain CEP Verificaiton Report). Application of Combination Rates in Antidumping Passenger Vehicle and Light Truck Tires from the 4 Petitioner is United Steel, Paper and Forestry, Investigations involving Non-Market Economy People’s Republic of China: Amended Affirmative Rubber, Manufacturing, Energy, Allied Industrial Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), Preliminary Determination, 80 FR 15987 (March 26, and Service Workers International Union, AFL– available on the Department’s Web site at http:// tkelley on DSK3SPTVN1PROD with NOTICES 2015) (Amended Preliminary Determination). CIO, CLC. enforcement.trade.gov/policy/bull05-1.pdf. 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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices 34895 Weighted- average Exporter(s) Producer(s) dumping margin (percent) Giti Tire Global Trading Pte. Ltd., Giti Tire (USA) Ltd., Giti Ra- Giti Radial Tire (Anhui) Company Ltd., Giti Tire (Fujian) Com- 29.97 dial Tire (Anhui) Company Ltd., Giti Tire (Fujian) Company pany Ltd., Giti Tire (Hualin) Company Ltd. Ltd., Giti Tire (Hualin) Company Ltd., (Collectively, the GITI Companies). Sailun Group Co., Ltd. (aka Sailun Jinyu Group Co., Ltd.), Sailun Group Co., Ltd. (aka Sailun Jinyu Group Co., Ltd.), 14.35 Sailun Tire International Corp., Shandong Jinyu Industrial Shandong Jinyu Industrial Co., Ltd. Co., Ltd., Jinyu International Holding Co., Limited, Seatex International Inc., Dynamic Tire Corp., Husky Tire Corp., Seatex PTE. Ltd., (Collectively, Sailun Group). Cooper Tire & Rubber Company ................................................ Cooper Chengshan (Shandong) Tire Co., Ltd., Cooper 25.30 (Kunshan) Tire Co., Ltd. Cooper Chengshan (Shandong) Tire Co., Ltd ........................... Cooper Chengshan (Shandong) Tire Co., Ltd .......................... 25.30 Cooper (Kunshan) Tire Co., Ltd ................................................. Cooper (Kunshan) Tire Co., Ltd ................................................ 25.30 Best Choice International Trade Co., Limited ............................ Qingdao Sentury Tire Co., Ltd., Shandong Haohua Tire Co., 25.30 Ltd., Beijing Capital Tire Co., Ltd. Bridgestone (Wuxi) Tire Co., Ltd ................................................ Bridgestone (Wuxi) Tire Co., Ltd ............................................... 25.30 Bridgestone Corporation ............................................................. Bridgestone (Wuxi) Tire Co., Ltd ............................................... 25.30 Cheng Shin Tire & Rubber (China) Co., Ltd .............................. Cheng Shin Tire & Rubber (China) Co., Ltd., Cheng Shin Tire 25.30 & Rubber (Chongqing) Co., Ltd. Crown International Corporation ................................................. Shandong Guofeng Rubber Plastics Co., Ltd., Shandong 25.30 Haohua Tire Co., Ltd., Shandong Jinyu Industrial Co., Ltd., Doublestar-Dongfeng Tyre Co., Ltd., Shengtai Group Co., Ltd., Qingdao Doublestar Tire Industrial Co., Ltd., Shandong Yongtai Chemical Co., Ltd. Goodyear Dalian Tire Company Limited .................................... Goodyear Dalian Tire Company Limited ................................... 25.30 Guangzhou Pearl River Rubber Tyre Ltd ................................... Guangzhou Pearl River Rubber Tyre Ltd .................................. 25.30 Hankook Tire China Co., Ltd ...................................................... Hankook Tire China Co., Ltd ..................................................... 25.30 Hebei Tianrui Rubber Co., Ltd .................................................... Hebei Tianrui Rubber Co., Ltd ................................................... 25.30 Highpoint Trading, Ltd ................................................................ Federal Tire (Jiangxi) Ltd ........................................................... 25.30 Hong Kong Tiancheng Investment & Trading Co., Limited ........ Shandong Linglong Tyre Co., Ltd .............................................. 25.30 Hong Kong Tri-Ace Tire Co., Limited ......................................... Shandong Yongtai Chemical Co., Ltd., Doublestar-Dongfeng 25.30 Tyre Co., Ltd. Hwa Fong Rubber (Hong Kong) Ltd ........................................... Hwa Fong Rubber (Suzhou) Co., Ltd ........................................ 25.30 Jiangsu Hankook Tire Co., Ltd ................................................... Jiangsu Hankook Tire Co., Ltd .................................................. 25.30 Kenda Rubber (China) Co., Ltd .................................................. Kenda Rubber (China) Co., Ltd ................................................. 25.30 Kumho Tire Co., Inc .................................................................... Kumho Tire (Tianjin) Co., Inc., Nanjing Kumho Tire Co., Ltd., 25.30 Kumho Tire (Changchun) Co., Inc. Mayrun Tyre (Hong Kong) Limited ............................................. South China Tire & Rubber Co., Ltd., Shandong Haohua Tire 25.30 Co., Ltd. Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial 25.30 Co., Ltd. Co., Ltd. Pirelli Tyre Co., Ltd ..................................................................... Pirelli Tyre Co., Ltd .................................................................... 25.30 Qingdao Crown Chemical Co., Ltd ............................................. Shandong Guofeng Rubber Plastics Co., Ltd., Shandong 25.30 Haohua Tire Co., Ltd., Shandong Jinyu Industrial Co., Ltd., Doublestar-Dongfeng Tyre Co., Ltd. Qingdao Free Trade Zone Full-World International Trading Co., Shandong Zhentai Group Co., Ltd., Longkou Xinglong Tyre 25.30 Ltd. Co., Ltd., Hebei Tianrui Rubber Co., Ltd. Qingdao Fullrun Tyre Corp. Ltd .................................................. Fullrun Tyre Tech Corp., Ltd., Shengtai Group Co., Ltd., 25.30 Shandong Zhongyi Rubber Co., Ltd., Shandong Guofeng Rubber Plastics Co, Ltd., Deruibao Tire Co., Ltd., Shandong New Continent Tire Co., Ltd., Shandong Fengyuan Tyre Manufacturing Co., Ltd., Sichuan Tyre & Rubber Co., Ltd., Qingdao Futaian Tyre Teck. Co., Ltd., Good Friend Tyre Co., Ltd., Shandong Hengyu Science & Technology Co., Ltd., Shandong Longyue Rubber Co., Ltd., Shouguang Firemax Tyre Co., Ltd., Beijing Capital Tire Co., Ltd., Shandong Wanda Boto Tyre Co., Ltd., Zhaoqing Junhong Co., Ltd., Shandong Huasheng Rubber Co., Ltd., Shandong Haohua Tire Co., Ltd., Shandong Province Sanli Tire Manu- factured Co., Ltd. Qingdao Fullrun Tyre Tech Corp., Ltd ........................................ Qingdao Fullrun Tyre Tech Corp., Ltd ....................................... 25.30 Qingdao Honghua Tyre Factory ................................................. Qingdao Honghua Tyre Factory ................................................ 25.30 tkelley on DSK3SPTVN1PROD with NOTICES Qingdao Nama Industrial Co., Ltd .............................................. Shandong Guofeng Rubber Plastics Co., Ltd., Shandong 25.30 Hengyu Science & Technology Co., Ltd., Shandong Longyue Rubber Co., Ltd., Shandong Haohua Tire Co., Ltd., Shouguang Firemax Tyre Co., Ltd., Shandong Zhongyi Rubber Co., Ltd., Shandong Yonking Rubber Co., Ltd., Shandong Hongsheng Rubber Technology Co., Ltd. Qingdao Nexen Tire Corporation ................................................ Qingdao Nexen Tire Corporation ............................................... 25.30 VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1

34896 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices Weighted- average Exporter(s) Producer(s) dumping margin (percent) Qingdao Odyking Tyre Co., Ltd .................................................. Doublestar-Dongfeng Tyre Co., Ltd., Shandong Fengyuan Tire 25.30 Manufacturing Co., Ltd., Shouguang Firemax Tyre Co., Ltd. Qingdao Qianzhen Tyre Co., Ltd ................................................ Qingdao Qianzhen Tyre Co., Ltd ............................................... 25.30 Qingdao Qihang Tyre Co., Ltd ................................................... Qingdao Qihang Tyre Co., Ltd .................................................. 25.30 Qingdao Qizhou Rubber Co., Ltd ............................................... Qingdao Qizhou Rubber Co., Ltd .............................................. 25.30 Qingdao Sentury Tire Co., Ltd .................................................... Qingdao Sentury Tire Co., Ltd ................................................... 25.30 Shandong Anchi Tyres Co., Ltd ................................................. Shandong Anchi Tyres Co., Ltd ................................................ 25.30 Shandong Changfeng Tyres Co., Ltd ......................................... Shandong Changfeng Tyres Co., Ltd ........................................ 25.30 Shandong Duratti Rubber Corporation Co., Ltd ......................... Shandong Duratti Rubber Corporation Co., Ltd ........................ 25.30 Shandong Guofeng Rubber Plastics Co., Ltd ............................ Shandong Guofeng Rubber Plastics Co., Ltd ........................... 25.30 Shandong Haohua Tire Co., Ltd ................................................. Shandong Haohua Tire Co., Ltd ................................................ 25.30 Shandong Haolong Rubber Tire Co., Ltd ................................... Shandong Haolong Rubber Tire Co., Ltd .................................. 25.30 Shandong Hawk International Rubber Industry Co., Ltd ............ Shandong Hawk International Rubber Industry Co., Ltd ........... 25.30 Shandong Hengyu Science & Technology Co., Ltd ................... Shandong Hengyu Science & Technology Co., Ltd .................. 25.30 Shandong Huitong Tyre Co., Ltd ................................................ Shandong Huitong Tyre Co., Ltd., Laiwu Sunshine Tyre Co., 25.30 Ltd. Shandong Linglong Tyre Co., Ltd ............................................... Shandong Linglong Tyre Co., Ltd .............................................. 25.30 Shandong Longyue Rubber Co., Ltd .......................................... Shandong Longyue Rubber Co., Ltd ......................................... 25.30 Shandong New Continent Tire Co., Ltd ..................................... Shandong New Continent Tire Co., Ltd .................................... 25.30 Shandong Province Sanli Tire Manufactured Co., Ltd ............... Shandong Province Sanli Tire Manufactured Co., Ltd .............. 25.30 Shandong Shuangwang Rubber Co., Ltd ................................... Shandong Shuangwang Rubber Co., Ltd .................................. 25.30 Shandong Wanda Boto Tyre Co., Ltd ........................................ Shandong Wanda Boto Tyre Co., Ltd ....................................... 25.30 Shandong Yongtai Chemical Co., Ltd ........................................ Shandong Yongtai Chemical Co., Ltd ....................................... 25.30 Shandong Zhongyi Rubber Co., Ltd ........................................... Shandong Zhongyi Rubber Co., Ltd .......................................... 25.30 Shengtai Group Co., Ltd ............................................................. Shengtai Group Co., Ltd., Shandong Shengshitailai Rubber 25.30 Technology Co., Ltd. Shifeng Juxing Tire Co., Ltd ....................................................... Shifeng Juxing Tire Co., Ltd ...................................................... 25.30 Shouguang Firemax Tyre Co., Ltd ............................................. Shouguang Firemax Tyre Co., Ltd ............................................ 25.30 Southeast Mariner International Co., Ltd .................................... Dongying Zhongyi Rubber Co., Ltd., Shandong Haohua Tire 25.30 Co., Ltd. Techking Tires Limited ................................................................ Shandong Longyue Rubber Co., Ltd ......................................... 25.30 Toyo Tire (Zhangjiagang) Co., Ltd ............................................. Toyo Tire (Zhangjiagang) Co., Ltd ............................................ 25.30 Triangle Tyre Co., Ltd ................................................................. Triangle Tyre Co., Ltd ................................................................ 25.30 Tyrechamp Group Co., Limited .................................................. Shandong Haohua Tire Co., Ltd., Sichuan Tyre & Rubber Co., 25.30 Ltd., Shandong Anchi Tyres Co., Ltd., Beijing Capital Tire Co. Ltd., Shandong Wanda Boto Tyre Co., Ltd., Shandong Wosen Rubber Co., Ltd., Shandong Zhentai Group Co., Ltd., Shandong Yonking Rubber Co., Ltd., Qingdao Doublestar Tire Industrial Co., Ltd., South China Tire & Rubber Co. Ltd., Anhui Heding Tire Technology Co., Ltd. Weihai Ping’an Tyre Co., Ltd ...................................................... Weihai Ping’an Tyre Co., Ltd ..................................................... 25.30 Weihai Zhongwei Rubber Co., Ltd ............................................. Weihai Zhongwei Rubber Co., Ltd ............................................ 25.30 Wendeng Sanfeng Tyre Co., Ltd ................................................ Wendeng Sanfeng Tyre Co., Ltd ............................................... 25.30 Winrun Tyre Co., Ltd .................................................................. Shaanxi Yanchang Petroleum Group Rubber Co. Ltd .............. 25.30 Zenith Holdings (HK) Limited ...................................................... Shandong Linglong Tyre Co., Ltd .............................................. 25.30 Zhaoqing Junhong Co., Ltd ........................................................ Zhaoqing Junhong Co., Ltd ....................................................... 25.30 PRC-Wide Entity * ....................................................................... .................................................................................................... 87.99 * The PRC-wide entity includes, among other companies, Yongsheng Rubber Group Co., Ltd. (Yongsheng), a mandatory respondent in this in- vestigation that did not demonstrate that it is entitled to a separate rate. Accordingly, we consider Yongsheng to be part of the PRC-Wide Entity. Disclosure discussion of our determination can be liquidation of all imports of the found in the Issues and Decision merchandise subject to the investigation We intend to disclose to parties the from the PRC-wide entity, that were Memorandum at the section, ‘‘Critical calculations performed in this entered or withdrawn from warehouse, Circumstances.’’ proceeding within five days of any for consumption on or after October 29, public announcement of this notice in Continuation of Suspension of 2014, 90 days prior to publication of the accordance with 19 CFR 351.224(b). Liquidation Preliminary Determination in the Final Affirmative Determination of As noted above, for this final Federal Register, and require a cash Critical Circumstances, In Part deposit for such entries as noted below. determination, the Department found that critical circumstances exist with Because we did not find that critical tkelley on DSK3SPTVN1PROD with NOTICES We continue to find that critical respect to imports of the subject circumstances exist with respect to the circumstances do not exist for the GITI merchandise from the PRC-wide entity. GITI companies, the Sailun Group, and companies and the Sailun Group. In Therefore, in accordance with section the separate rate companies,10 in addition, we found that critical circumstances do not exist for the 735(c)(4)(A) of the Act, we will instruct 10 With regard to the separate rate companies, we separate rate companies, while they do U.S. Customs and Border Protection will also instruct CBP to terminate suspension and exist for the PRC-wide entity. A (CBP) to continue to suspend to release any bond or other security, and refund VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1

Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices 34897 accordance with section 735(c)(1)(B) of the companion CVD investigation, GITI than fair value. Because the final the Act, we will instruct CBP to companies received a calculated export determination in this proceeding is continue to suspend liquidation of all subsidy rate of 15.03 percent while the affirmative, the ITC will make its final appropriate entries of passenger tires all-others companies received a determination, in accordance with from the PRC, as described in the calculated export subsidy rate of 13.53 section 735(b)(2) of the Act, as to ‘‘Scope of the Investigation and Scope percent.13 Therefore, we will offset GITI whether the domestic industry in the Comments’’ section of this notice and companies’ cash deposit rate of 29.97 United States is materially injured, which were entered, or withdrawn from percent by 15.03 percent, while the threatened with material injury, or the warehouse, for consumption on or after Sailun Group’s and the separate rate establishment of an industry in the January 27, 2015, the date of publication companies’ cash deposit rates of 14.35 United States is materially retarded by of the Preliminary Determination in the percent and 25.30 percent, respectively, reason of imports of passenger tires from Federal Register. will be reduced by 13.53 percent as the PRC, no later than 45 days after our Pursuant to 19 CFR 351.205(d), we these companies were considered ‘‘all- final determination. If the ITC will instruct CBP to require a cash others’’ companies in the companion determines that material injury, threat of deposit 11 for all suspended entries at an CVD case. For Cooper Tire & Rubber material injury, or material retardation ad valorem rate equal to the weighted- Company, Cooper (Kunshan) Tire Co., does not exist, this proceeding will be average amount by which normal value Ltd., and Cooper Chengshan (Shandong) terminated and all securities posted will exceeds U.S. price, as follows: (1) The Tire Co., Ltd. (collectively, Cooper), be refunded or canceled. If the ITC cash deposit rate for the exporter/ another mandatory respondent in the determines that such injury or material producer combination listed in the table companion CVD investigation, we will retardation does exist, then the above will be the rate identified for that offset its cash deposit rate of 25.30 Department will issue an antidumping combination in the table adjusted where percent by its cacluated export subsidy duty order directing CBP to assess, upon appropriate for export subsidies and rate of 11.13 percent. Finally, we are further instruction by the Department, estimated domestic subsidy pass- adjusting the cash deposit rate antidumping duties on all imports of the through; 12 (2) for all combinations of applicable to the PRC-wide entity for subject merchandise entered, or PRC exporters/producers of export subsidies, by the lowest export withdrawn from warehouse, for merchandise under consideration that subsidy rate determined for any party in consumption on or after the effective have not received their own separate the companion CVD proceeding, which date of the suspension of liquidation. rate above, the cash-deposit rate will be is 11.13 percent.14 Pursuant to 777A(f) of the Act, we are Notification Regarding Administrative the cash deposit rate established for the Protective Orders (APO) PRC-wide entity, 87.99 percent, also adjusting final cash deposit rates adjusted where appropriate for export for estimated domestic subsidy pass- In the event the ITC issues a final subsidies and estimated domestic through, where appropriate. We will negative injury determination, this subsidy pass-through; and (3) for all adjust the Sailun Group’s,15 Cooper’s notice will serve as the only reminder non-PRC exporters of the merchandise and the separate rate companies’ cash to parties subject to an APO of their under consideration which have not deposit rates by 3.59 percent to account responsibility concerning the received their own separate rate above, for estimated domestic subsidy pass- disposition of proprietary information the cash-deposit rate will be the cash through.16 We are also adjusting GITI disclosed under APO in accordance deposit rate applicable to the PRC companies’ and the PRC-wide entity’s with 19 CFR 351.305(a)(3). Timely exporter/producer combination that cash deposit rate by 0.40 percent to written notification of the return or supplied that non-PRC exporter. These account for estimated domestic subsidy destruction of APO materials, or suspension of liquidation and cash pass-through.17 conversion to judicial protective order, deposit instructions will remain in International Trade Commission is hereby requested. Failure to comply effect until further notice. Notification with the regulations and terms of an As stated previously, we will adjust APO is a violation subject to sanction. In accordance with section 735(d) of This determination and notice are cash deposit rates by the amount of the Act, we will notify the International issued and published pursuant to export subsidies, where appropriate. In Trade Commission (ITC) of the final sections 735(d) and 777(i)(1) of the Act. affirmative determination of sales at less any cash deposit made, to secure the payment of Dated: June 11, 2015. estimated antidumping duties with respect to Paul Piquado, 13 See Cerain Passenger Vehicle and Light Truck entries of the merchandise entered, or withdrawn from warehouse, for consumption on or after Tires from the People’s Republic of China: Final Assistant Secretary for Enforcement and October 29, 2014 (i.e., 90 days prior to the date of Affirmative Countervailing Duty Determination and Compliance. publication of the Federal Register), but before accompanying Issues and Decision Memorandum January 27, 2015 (the date of publication of the (CVD Final). The final determination in this Appendix I Preliminary Determination). companion CVD proceeding is being concurrently 11 See Modification of Regulations Regarding the released on the same day as this final Outline of the Issues and Decision determination. See also, Memorandum to the File, Memorandum Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and ‘‘Certain Passenger Vehicle and Light Truck from I. Summary Countervailing Duty Investigations, 76 FR 61042 the People’s Republic of China: Double Remides II. Background (October 3, 2011). Final Calculation Memorandum,’’ dated III. Scope of the Investigation concurrently with this notice (Double Remedies 12 See sections 772(c)(1)(C) and 777A(f) of the Memorandum). IV. Use of Adverse Facts Available Act, respectively. Unlike in administrative reviews, 14 Id. V. Critical Circumstances the Department calculates the adjustment for export VI. Margin Calculations 15 Sailun Group’s AD cash deposit rate after subsidies in investigations not in the margin- tkelley on DSK3SPTVN1PROD with NOTICES adjusting for export subsidies and estimated VII. Discussion of the Issues calculation program, but in the cash-deposit domestic subsidy pass-through will be zero percent. VIII. Recommendation instructions issued to CBP. See Notice of Final Determination of Sales at Less Than Fair Value, We will instruct CBP to require a cash deposit for List of Topics Discussed in the Issues and and Negative Determination of Critical all of Sailun Group’s suspended entries at an ad valorem rate of zero percent. Decision Memorandum Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and 16 See CVD Final and Double Remedies Comment 1: Whether to Modify the Language accompanying Issues and Decision memorandum at Memorandum. of the Exclusion on Special Trailer (ST) Comment 1. 17 Id. Tires VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1

34898 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices Comment 2: Whether Slingshot Tires Are Amount of the Irrecoverable VAT Suffix letter designations: Included in the Scope Comment 35: The Department’s Authority to LT—Identifies light truck tires for service Comment 3: Critical Circumstances Apply a PRC-Wide Rate on trucks, buses, trailers, and multipurpose Comment 4: Whether Sailun Group Should Comment 36: PRC Government Control of the passenger vehicles used in nominal highway Receive a Double Remedy Adjustment Economy service. Comment 5: Whether the Department Comment 37: Guangzhou Wanli Tire Trading All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all Applied the Appropriate Double Remedy Co. Ltd.’s (Wanli) Separate Rate Status tires with an ‘‘LT’’ suffix in their sidewall Adjustment to Cooper Comment 38: Guizhou Tyre Import and markings are covered by this investigation Comment 6: Whether GITI Companies Export Co., Ltd.’s (GTCIE) Separate Rate regardless of their intended use. Should Receive a Double Remedy Status In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ Adjustment Comment 39: Double Coin Holdings’ (Double prefix or suffix in their sidewall markings, as Comment 7: Analysis of the Pass-through Coin) Separate Rate Status well as all tires that include any other prefix Rate of the Double Remedy Adjustment Comment 40: Shaanxi Yanchang Petroleum or suffix in their sidewall markings, are Comment 8: Whether to Grant Sailun Group Group Rubber Co., Ltd.’s (Shaanxi) included in the scope, regardless of their an Offset for By-Products Separate Rate Status intended use, as long as the tire is of a size Comment 9: Whether to Include Goodyear Comment 41: Sichuan Tyre and Rubber Co. that is among the numerical size designations Thailand’s Financial Statements in the Ltd.’s (Sichuan Tyre) Separate Rate listed in the passenger car section or light Calculation of the Financial Ratios Status truck section of the Tire and Rim Association Comment 10: Whether to Include Export Comment 42: Zhongce Rubber Group Year Book, as updated annually, unless the Expenses in the SG&A Ratios for SR Company Limited’s (Zhongce) Separate tire falls within one of the specific exclusions Tyres and Hihero Rate Status set out below. Comment 11: Whether to Include All Labor Comment 43: Shandong Anchi Tyres Co., Passenger vehicle and light truck tires, Related Costs in the Denominator of the Ltd.’s (Anchi) Separate Rate Status whether or not attached to wheels or rims, Financial Ratios Calculation Comment 44: America Business Co., Ltd.’s are included in the scope. However, if a Comment 12: Selection of Surrogate Country (America Business) Separate Rate Status subject tire is imported attached to a wheel Comment 13: Valuation of Labor Comment 45: Highpoint Trading, Ltd., or rim, only the tire is covered by the scope. Comment 14: Valuation of Market Economy (Highpoint) and Federal Tire (Jiangxi), Specifically excluded from the scope of Purchases Ltd. (Jiangxi) Separate Rate Status this investigation are the following types of Comment 15: Valuation of Truck Freight Comment 46: Qingdao Jinhaoyang tires: Comment 16: Calculation of Market Economy International Co., Ltd.’s (Jinhaoyang) (1) Racing car tires; such tires do not bear Purchases Separate Rate Status the symbol ‘‘DOT’’ on the sidewall and may Comment 47: Qingdao Au-Shine Group Co., be marked with ‘‘ZR’’ in size designation; Comment 17: Valuation of Brokerage & Limited’s (Au-Shine) Separate Rate (2) new pneumatic tires, of rubber, of a size Handling Status that is not listed in the passenger car section Comment 18: Valuation of GITI Companies’ Comment 48: Qingdao Fuyingxiang Imp. & or light truck section of the Tire and Rim Steam Exp. Co., Ltd.’s (Fuyingxiang) Separate Association Year Book; Comment 19: Valuation of Sailun Group’s (3) pneumatic tires, of rubber, that are not Steam Rate Status Comment 49: Shandong Changfeng Tyres Co., new, including recycled and retreaded tires; Comment 20: Valuation of GITI Companies’ (4) non-pneumatic tires, such as solid Ocean Freight Ltd.’s (Changfeng) Separate Rate Status Comment 50: Shandong Fengyuan Tire rubber tires; Comment 21: Valuation of Sailun Group’s (5) tires designed and marketed exclusively Ocean Freight Manufacturing Co., Ltd.’s (Fengyuan) Separate Rate Status as temporary use spare tires for passenger Comment 22: Valuation of Sailun Group’s vehicles which, in addition, exhibit each of U.S. Inland Freight Comment 51: Longkou Xinglong Tyre Co., Ltd.’s (Longkou) Separate Rate Status the following physical characteristics: Comment 23: Valuation of Sailun Group’s (a) The size designation and load index Reclaimed Rubber Comment 52: Liaoning Permanent Tyre Co., Ltd.’s (Permanent) Separate Rate Status combination molded on the tire’s sidewall Comment 24: Sailun Group’s Name Change are listed in Table PCT–1B (‘‘T’’ Type Spare Comment 25: Cooper’s Name Change Comment 53: Qingdao Fullrun Tyre Corp. Ltd.’s (Fullrun) Separate Rate Status Tires for Temporary Use on Passenger Comment 26: Shandong Yongtai Chemical Vehicles) of the Tire and Rim Association Co., Ltd.’s (Yongtai) Name Change Comment 54: Zhejiang Qingda Rubber Co., Ltd.’s (Qingda) Separate Rate Status Year Book, Comment 27: Application of AFA to all (b) the designation ‘‘T’’ is molded into the Subject Merchandise Produced by Appendix II tire’s sidewall as part of the size designation, Yongsheng and, Comment 28: Whether the Department Scope of the Investigation (c) the tire’s speed rating is molded on the Properly Accounted for the Weighted- The scope of this investigation is passenger sidewall, indicating the rated speed in MPH Average Price of Certain Market vehicle and light truck tires. Passenger or a letter rating as listed by Tire and Rim Economy Purchases vehicle and light truck tires are new Association Year Book, and the rated speed Comment 29: Whether the Department Made pneumatic tires, of rubber, with a passenger is 81 MPH or a ‘‘M’’ rating; All Appropriate Adjustments in the vehicle or light truck size designation. Tires (6) tires designed and marketed exclusively Calculation of Sailun Group’s U.S. Price covered by this investigation may be tube- for specialty tire (ST) use which, in addition, Comment 30: Whether the Department type, tubeless, radial, or non-radial, and they exhibit each of the following conditions: Should Apply AFA to GITI Companies’ may be intended for sale to original (a) The size designation molded on the Unreported Sales Submitted as a Minor equipment manufacturers or the replacement tire’s sidewall is listed in the ST sections of Correction at Verification market. the Tire and Rim Association Year Book, Comment 31: Whether the Department Subject tires have, at the time of (b) the designation ‘‘ST’’ is molded into the Should Use the GITI Companies’ Revised importation, the symbol ‘‘DOT’’ on the tire’s sidewall as part of the size designation, Databases that Include All the Minor sidewall, certifying that the tire conforms to (c) the tire incorporates a warning, Corrections applicable motor vehicle safety standards. prominently molded on the sidewall, that the Comment 32: Whether the Department Subject tires may also have the following tire is ‘‘For Trailer Service Only’’ or ‘‘For Should Reduce the Sailun Group’s U.S. prefixes or suffix in their tire size Trailer Use Only’’, tkelley on DSK3SPTVN1PROD with NOTICES Prices by the Amount of the designation, which also appears on the (d) the load index molded on the tire’s Irrecoverable VAT sidewall of the tire: sidewall meets or exceeds those load indexes Comment 33: Whether the Irrecoverable VAT Prefix designations: listed in the Tire and Rim Association Year Percentage Should Be Applied to the P—Identifies a tire intended primarily for Book for the relevant ST tire size, and FOB China Value service on passenger cars (e) either Comment 34: Whether the Department LT—Identifies a tire intended primarily for (i) the tire’s speed rating is molded on the Correctly Reduced the U.S. Price by the service on light trucks sidewall, indicating the rated speed in MPH VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1

Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices 34899 or a letter rating as listed by Tire and Rim DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Association Year Book, and the rated speed does not exceed 81 MPH or an ‘‘M’’ rating; International Trade Administration Background or On May 3, 2011, Fedmet filed a [A–201–837, A–570–954, C–570–955] (ii) the tire’s speed rating molded on the request for a scope ruling claiming that sidewall is 87 MPH or an ‘‘N’’ rating, and in Certain Magnesia Carbon Bricks From its Bastion® MACBs are outside the either case the tire’s maximum pressure and the People’s Republic of China and scope of the Orders. The Department maximum load limit are molded on the Mexico: Notice of Court Decision Not issued its Final Scope Ruling on July 2, sidewall and either in Harmony With Final Scope Ruling 2012, and found that Fedmet’s (1) both exceed the maximum pressure and and Notice of Amended Final Scope Bastion® MACBs are included in the maximum load limit for any tire of the same scope of the Orders. Ruling Pursuant to Court Decision size designation in either the passenger car Fedmet challenged the Department’s or light truck section of the Tire and Rim AGENCY: Enforcement and Compliance, Final Scope Ruling before the CIT. On Association Year Book; or International Trade Administration, May 30, 2013, the CIT sustained the (2) if the maximum cold inflation pressure Department of Commerce. Department’s analysis pursuant to 19 molded on the tire is less than any cold SUMMARY: On May 22, 2015, the United CFR 351.225(k)(1) and (k)(2).6 Fedmet inflation pressure listed for that size States Court of International Trade (CIT) appealed the CIT’s judgment to the designation in either the passenger car or sustained the Final Redetermination CAFC. On June 20, 2014, in a divided light truck section of the Tire and Rim issued by the Department of Commerce decision, the CAFC reversed the CIT.7 Association Year Book, the maximum load (Department), in which it determined The CAFC held that the references to limit molded on the tire is higher than the that Fedmet Resources Corporation’s ‘‘MACBs’’ in the (k)(1) sources resolved maximum load limit listed at that cold (Fedmet) Bastion® magnesia alumina the inquiry and that the scope of the inflation pressure for that size designation in carbon bricks (MACBs) are outside the Orders did not extend to MACBs.8 either the passenger car or light truck section scope of the antidumping and On February 23, 2015, the Department of the Tire and Rim Association Year Book; countervailing duty orders on certain issued its Final Redetermination and (7) tires designed and marketed exclusively found that, pursuant to the CAFC’s magnesia carbon bricks (MCBs) from for off-road use and which, in addition, decision and the CIT’s subsequent Mexico and the People’s Republic of exhibit each of the following physical remand order, Bastion® MACBs China (PRC),1 pursuant to the CIT’s characteristics: imported by Fedmet were not subject to remand order in Fedmet Resources (a) The size designation and load index the Orders. The CIT sustained the Final Corporation v. United States, Court No. combination molded on the tire’s sidewall Redetermination on May 22, 2015.9 12–00215 (CIT February 23, 2015).2 are listed in the off-the-road, agricultural, Consistent with the decision of the Timken Notice industrial or ATV section of the Tire and Rim United States Court of Appeals for the Association Year Book, In its decision in Timken, as clarified Federal Circuit (CAFC) in Timken,3 as (b) in addition to any size designation by Diamond Sawblades, the CAFC has markings, the tire incorporates a warning, clarified by Diamond Sawblades,4 the Department is notifying the public that held that, pursuant to section 516A(c) of prominently molded on the sidewall, that the the Tariff Act of 1930, as amended (the tire is ‘‘Not For Highway Service’’ or ‘‘Not for the final judgment in this case is not in harmony with the Department’s Final Act), the Department must publish a Highway Use’’, notice of court decision that is not ‘‘in (c) the tire’s speed rating is molded on the Scope Ruling on Bastion® MACBs 5 and is amending its final scope ruling. harmony’’ with a Department sidewall, indicating the rated speed in MPH DATES: Effective Date: June 1, 2015. determination and must suspend or a letter rating as listed by the Tire and Rim liquidation of entries pending a Association Year Book, and the rated speed FOR FURTHER INFORMATION CONTACT: ‘‘conclusive’’ court decision. The CIT’s does not exceed 55 MPH or a ‘‘G’’ rating, and Andrew Huston, AD/CVD Operations, May 22, 2015, judgment in this case (d) the tire features a recognizable off-road Office VII, Enforcement and constitutes a final decision of that court tread design. Compliance, International Trade that is not in harmony with the The products covered by the investigation Administration, U.S. Department of are currently classified under the following Department’s Final Scope Ruling. This Commerce, 14th Street and Constitution Harmonized Tariff Schedule of the United notice is published in fulfillment of the Avenue NW., Washington, DC 20230; States (HTSUS) subheadings: 4011.10.10.10, publication requirements of Timken. telephone: (202) 482–4261. 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, Accordingly, the Department will 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 1 See Certain Magnesia Carbon Bricks from continue suspension of liquidation of 4011.10.50.00, 4011.20.10.05, and Mexico and the People’s Republic of China: Bastion® MACBs imported by Fedmet 4011.20.50.10. Tires meeting the scope Antidumping Duty Orders, 75 FR 57257 (September pending expiration of the period of description may also enter under the 20, 2010) and Certain Magnesia Carbon Bricks from appeal or, if appealed, pending a final the People’s Republic of China: Countervailing Duty and conclusive court decision. following HTSUS subheadings: Order, 75 FR 57442 (September 21, 2010) (Orders). 4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 2 See Final Results of Redetermination Pursuant Amended Final Scope Ruling 4011.99.85.50, 8708.70.45.45, 8708.70.45.60, to Court Remand Magnesia Carbon Bricks from the 8708.70.60.30, 8708.70.60.45, and People’s Republic of China and Mexico, Fedmet Because there is now a final court 8708.70.60.60. While HTSUS subheadings Resources Corporation v. United States, Court No. decision with respect to this case, the 12–00215 (March 24, 2015) (Final Department is amending the Final are provided for convenience and for Redetermination). customs purposes, the written description of 3 See Timken Co. v. United States, 893 F.2d 337 Scope Ruling and finds Fedmet’s the subject merchandise is dispositive. (Fed. Cir. 1990) (Timken). tkelley on DSK3SPTVN1PROD with NOTICES 4 See Diamond Sawblades Mfrs. Coalition v. 6 See Fedmet Res. Corp. v. United States, 911 F. [FR Doc. 2015–15058 Filed 6–17–15; 8:45 am] Supp. 2d 1348 (Ct. Int’l Trade 2013). United States, 626 F.3d 1374 (Fed. Cir. 2010) 7 See Fedmet Res. Corp. v. United States, 755 F.3d BILLING CODE 3510–DS–P (Diamond Sawblades). 5 See ‘‘Memorandum from Barbara E. Tillman, 912, 923 (CAFC 2014). 8 Id. at 917. ‘‘Certain Magnesia Carbon Bricks From the People’s Republic of China and Mexico: Final Scope Ruling- 9 See Fedmet Res. Corp. v. United States, Court Fedmet Resources Corporation’’ dated July 2, 2012 No. 12–00215 (CIT May 22, 2015) (judgment (Final Scope Ruling) at 2. sustaining Final Redetermination). VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1


Document Created: 2018-02-22 11:12:21
Document Modified: 2018-02-22 11:12:21
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.
ContactToni Page, Lingjun Wang, or Jun Jack Zhao, 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) 482-1398, (202) 482-2316, or (202) 482-1396, respectively.
FR Citation80 FR 34893 
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