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.
---------------------------------------------------------------------------

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).



                                         VerDate Sep<11>2014   16:53 Jun 17, 2015   Jkt 235001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\18JNN1.SGM   18JNN1


                                              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://
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                                              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
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                                              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



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                                              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



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                                                                            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



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                                              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’’,
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                                                 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



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                                                                            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).
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                                                                                                         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).



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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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