81 FR 10663 - Certain New Pneumatic Off-the-Road-Tires From China, India, and Sri Lanka

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range		10663-10664
FR Document		2016-04400
Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016)
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10663-10664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04400]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary)]


Certain New Pneumatic Off-the-Road-Tires From China, India, and 
Sri Lanka

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports of certain new 
pneumatic off-the-road tires (``OTR tires'') from India, provided for 
in subheadings 4011.20.10, 4011.20.50, 4011.61.00, 4011.62.00, 
4011.63.00, 4011.69.00, 4011.92.00, 4011.93.40, 4011.93.80, 4011.94.40, 
4011.94.80, 8431.49.90, 8709.90.00, and 8716.90.10 \2\ of the 
Harmonized Tariff Schedule of the United States, that are allegedly 
sold in the United States at less than fair value (``LTFV'') and 
imports of OTR tires that are allegedly subsidized by the governments 
of India and Sri Lanka.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ OTR tires may also enter under the following HTS 
subheadings: 4011.99.45, 4011.99.85, 8424.90.90, 8431.20.00, 
8431.39.00, 8431.49.10, 8431.49.90, 8432.90.00, 8433.90.50, 
8503.00.95, 8708.70.05, 8708.70.25, 8708.70.45, and 8716.90.50.
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    The Commission also found that imports of OTR tires from China are 
negligible pursuant to section 771(24) of the Act, and its 
investigations with regard to imports from this country are thereby 
terminated pursuant to section 733(a)(1) of the Act.

Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (``Commerce'') of affirmative preliminary 
determinations in the investigations of OTR tires from India and Sri 
Lanka under sections 703(b) or 733(b) of the Act, or, if the 
preliminary determinations are negative, upon notice of affirmative 
final determinations in those investigations under sections 705(a) or 
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigations need not enter a separate 
appearance for the final phase of the investigations. Industrial users, 
and, if the merchandise under investigation is sold at the retail 
level, representative consumer organizations have the right to appear 
as parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Background

    On January 8, 2016, Titan Tire Corporation of Des Moines, Iowa and 
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, 
Allied Industrial and Service Workers International Union, AFL-CIO, CLC 
of Pittsburgh, Pennsylvania filed petitions with the Commission and 
Commerce, alleging that an industry in the United

[[Page 10664]]

States is materially injured or threatened with material injury by 
reason of imports of OTR tires from China and India that are alleged to 
be sold in the United States at LTFV and imports of OTR tires alleged 
to be subsidized by the governments of China, India, and Sri Lanka. 
Accordingly, effective January 8, 2016, the Commission, pursuant to 
sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 
1671b(a) and 1673b(a)), instituted countervailing duty investigation 
Nos. 701-TA-551-553 and antidumping duty investigation Nos. 731-TA-
1307-1308 (Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of January 15, 2016 (81 FR 2236). The 
conference was held in Washington, DC, on January 29, 2016, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission made these determinations pursuant to sections 
703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 
1673b(a)). It completed and filed its determinations in these 
investigations on February 24, 2016.\3\ The views of the Commission are 
contained in USITC Publication 4594 (March 2016), entitled Certain New 
Pneumatic Off-the-Road-Tires from China, India, and Sri Lanka: 
Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary).
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    \3\ The Commission has the authority to toll statutory deadlines 
during a period when the Federal government is closed. Because the 
Commission was closed on January 25 and 26, 2016 due to inclement 
weather in Washington, DC, the Commission tolled the statutory 
deadline for these investigations by two days.

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    By order of the Commission.

    Issued: February 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-04400 Filed 2-29-16; 8:45 am]
 BILLING CODE 7020-02-P
Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices 10663

Staff report.—The prehearing staff 201.8 of the Commission’s rules; any 4011.93.40, 4011.93.80, 4011.94.40,
report in the final phase of this submissions that contain BPI must also 4011.94.80, 8431.49.90, 8709.90.00, and
investigation will be placed in the conform with the requirements of 8716.90.10 2 of the Harmonized Tariff
nonpublic record on June 7, 2016, and sections 201.6, 207.3, and 207.7 of the Schedule of the United States, that are
a public version will be issued Commission’s rules. The Commission’s allegedly sold in the United States at
thereafter, pursuant to section 207.22 of Handbook on E-Filing, available on the less than fair value (‘‘LTFV’’) and
the Commission’s rules. Commission’s Web site at http:// imports of OTR tires that are allegedly
Hearing.—The Commission will hold edis.usitc.gov, elaborates upon the subsidized by the governments of India
a hearing in connection with the final Commission’s rules with respect to and Sri Lanka.
phase of this investigation beginning at electronic filing. The Commission also found that
9:30 a.m. on Tuesday, June 21, 2016, at Additional written submissions to the imports of OTR tires from China are
the U.S. International Trade Commission, including requests negligible pursuant to section 771(24) of
Commission Building. Requests to pursuant to section 201.12 of the the Act, and its investigations with
appear at the hearing should be filed in Commission’s rules, shall not be regard to imports from this country are
writing with the Secretary to the accepted unless good cause is shown for thereby terminated pursuant to section
Commission on or before June 10, 2016. accepting such submissions, or unless 733(a)(1) of the Act.
A nonparty who has testimony that may the submission is pursuant to a specific Commencement of Final Phase
aid the Commission’s deliberations may request by a Commissioner or Investigations
request permission to present a short Commission staff.
statement at the hearing. All parties and In accordance with sections 201.16(c) Pursuant to section 207.18 of the
nonparties desiring to appear at the and 207.3 of the Commission’s rules, Commission’s rules, the Commission
hearing and make oral presentations each document filed by a party to the also gives notice of the commencement
should participate in a prehearing investigation must be served on all other of the final phase of its investigations.
conference to be held on June 14, 2016, parties to the investigation (as identified The Commission will issue a final phase
at the U.S. International Trade notice of scheduling, which will be
by either the public or BPI service list),
Commission Building, if deemed published in the Federal Register as
and a certificate of service must be
necessary. Oral testimony and written provided in section 207.21 of the
timely filed. The Secretary will not
materials to be submitted at the public Commission’s rules, upon notice from
accept a document for filing without a
hearing are governed by sections the Department of Commerce
certificate of service.
201.6(b)(2), 201.13(f), and 207.24 of the (‘‘Commerce’’) of affirmative
Commission’s rules. Parties must submit Authority: This investigation is being preliminary determinations in the
conducted under authority of title VII of the investigations of OTR tires from India
any request to present a portion of their
Tariff Act of 1930; this notice is published and Sri Lanka under sections 703(b) or
hearing testimony in camera no later pursuant to section 207.21 of the
than 7 business days prior to the date of 733(b) of the Act, or, if the preliminary
Commission’s rules.
the hearing. determinations are negative, upon
Written submissions.—Each party By order of the Commission. notice of affirmative final
who is an interested party shall submit Issued: February 24, 2016. determinations in those investigations
a prehearing brief to the Commission. Lisa R. Barton, under sections 705(a) or 735(a) of the
Prehearing briefs must conform with the Secretary to the Commission. Act. Parties that filed entries of
provisions of section 207.23 of the [FR Doc. 2016–04399 Filed 2–29–16; 8:45 am] appearance in the preliminary phase of
Commission’s rules; the deadline for BILLING CODE 7020–02–P
the investigations need not enter a
filing is June 14, 2016. Parties may also separate appearance for the final phase
file written testimony in connection of the investigations. Industrial users,
with their presentation at the hearing, as INTERNATIONAL TRADE and, if the merchandise under
provided in section 207.24 of the COMMISSION investigation is sold at the retail level,
Commission’s rules, and posthearing representative consumer organizations
[Investigation Nos. 701–TA–551–553 and have the right to appear as parties in
briefs, which must conform with the
731–TA–1307–1308 (Preliminary)]
provisions of section 207.25 of the Commission antidumping and
Commission’s rules. The deadline for Certain New Pneumatic Off-the-Road- countervailing duty investigations. The
filing posthearing briefs is June 28, Tires From China, India, and Sri Lanka Secretary will prepare a public service
2016. In addition, any person who has list containing the names and addresses
not entered an appearance as a party to Determinations of all persons, or their representatives,
the investigation may submit a written On the basis of the record 1 developed who are parties to the investigations.
statement of information pertinent to in the subject investigations, the United Background
the subject of the investigation, States International Trade Commission
including statements of support or On January 8, 2016, Titan Tire
(‘‘Commission’’) determines, pursuant Corporation of Des Moines, Iowa and
opposition to the petition, on or before to the Tariff Act of 1930 (‘‘the Act’’),
June 28, 2016. On July 13, 2016, the the United Steel, Paper and Forestry,
that there is a reasonable indication that Rubber, Manufacturing, Energy, Allied
Commission will make available to an industry in the United States is
parties all information on which they Industrial and Service Workers
materially injured by reason of imports International Union, AFL–CIO, CLC of
have not had an opportunity to
asabaliauskas on DSK5VPTVN1PROD with NOTICES

of certain new pneumatic off-the-road Pittsburgh, Pennsylvania filed petitions
comment. Parties may submit final tires (‘‘OTR tires’’) from India, provided
comments on this information on or with the Commission and Commerce,
for in subheadings 4011.20.10, alleging that an industry in the United
before July 15, 2016, but such final 4011.20.50, 4011.61.00, 4011.62.00,
comments must not contain new factual 4011.63.00, 4011.69.00, 4011.92.00, 2 OTR tires may also enter under the following
information and must otherwise comply
HTS subheadings: 4011.99.45, 4011.99.85,
with section 207.30 of the Commission’s 1 The record is defined in sec. 207.2(f) of the 8424.90.90, 8431.20.00, 8431.39.00, 8431.49.10,
rules. All written submissions must Commission’s Rules of Practice and Procedure (19 8431.49.90, 8432.90.00, 8433.90.50, 8503.00.95,
conform with the provisions of section CFR 207.2(f)). 8708.70.05, 8708.70.25, 8708.70.45, and 8716.90.50.

VerDate Sep<11>2014 20:18 Feb 29, 2016 Jkt 238001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1
Document Created: 2018-02-02 14:59:44
Document Modified: 2018-02-02 14:59:44
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 10663