81_FR_36371 81 FR 36263 - Certain New Pneumatic Off-the-Road Tires From India: Postponement of Preliminary Determination of Antidumping Duty Investigation

81 FR 36263 - Certain New Pneumatic Off-the-Road Tires From India: Postponement of Preliminary Determination of Antidumping Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range36263-36264
FR Document2016-13278

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016) 
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36263-36264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13278]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Postponement 
of Preliminary Determination of Antidumping Duty Investigation

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

DATES: Effective June 6, 2016.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian at (202) 482-6412 
or Trisha Tran at (202) 482-4852; AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    On February 10, 2016, the Department of Commerce (Department) 
published a notice of initiation of an antidumping duty investigation 
on certain new pneumatic off-the-road tires (off road tires) from 
India.\1\ Section 733(b)(1)(A) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.205(b)(1) state the Department will make a 
preliminary determination no later than 140 days after the date of the 
initiation. The current deadline for the preliminary

[[Page 36264]]

determination of this investigation is no later than June 22, 2016.
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    \1\ See Certain New Pneumatic Off-the-Road Tires from India and 
the People's Republic of China: Initiation of Less-Than-Fair Value 
Investigations, 81 FR 7073 (February 10, 2016).
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Postponement of Preliminary Determination

    On May 3, 2016, Titan Tire Corporation and the United Steel, Paper 
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union, AFL-CIO, CLC (USW) (collectively, 
Petitioners) made a timely request, pursuant to 19 CFR 351.205(e), for 
postponement of the preliminary determination, in order to provide the 
Department with sufficient time to develop the record in this 
proceeding through additional questionnaires, which Petitioners will in 
turn need to analyze and possibly comment on. Because there are no 
compelling reasons to deny Petitioners' request, in accordance with 
section 773(c)(1)(A) of the Act, the Department is postponing the 
deadline for the preliminary determination by 50 days.
    For the reasons stated above, the Department, in accordance with 
section 733(c)(1)(A) of the Act, is postponing the deadline for the 
preliminary determination to no later than 190 days after the date on 
which the Department initiated this investigation. Therefore, the new 
deadline for the preliminary determination is August 11, 2016. In 
accordance with section 735(a)(1) of the Act, the deadline for the 
final determination of this investigation will continue to be 75 days 
after the date of the preliminary determination, unless postponed at a 
later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: May 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-13278 Filed 6-3-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices 36263 751(a)(2)(B)(i) of the Tariff Act of 1930, that if the request for the review is made amended by the Trade Facilitation and as amended (the ‘‘Act’’), and 19 CFR during the six-month period ending Trade Enforcement Act of 2015.10 351.214(b) and (c), the Department with the end of the semiannual Interested parties requiring access to received a timely request for a NSR from anniversary month, the Department will proprietary information in this SXT. Pursuant to section initiate a NSR in the calendar month proceeding should submit applications 751(a)(2)(B)(i)(I) of the Act and 19 CFR immediately following the semiannual for disclosure under administrative 351.214(b)(2)(i), SXT certified that it is anniversary month. Further, 19 CFR protective order in accordance with 19 the exporter and producer of the 351.214(g)(2) and 19 CFR CFR 351.305 and 351.306. passenger tires for which the request for 351.213(e)(2)(ii) state that the first This initiation and notice are in a NSR is based, and certified that it did review period after an order normally accordance with section 751(a)(2)(B) of not export passenger tires to the United will cover entries or exports from the the Act and 19 CFR 351.214 and States during the period of investigation date of suspension of liquidation to the 351.221(c)(1)(i). (POI).2 Moreover, pursuant to section end of the most recently completed Dated: May 27, 2016. 751(a)(2)(B)(i)(II) of the Act and 19 CFR calendar year. However, since SXT’s Christian Marsh, 351.214(b)(2)(iii)(A), SXT certified that, shipment entered the United States after since the investigation was initiated, it Deputy Assistant Secretary for Antidumping the end of 2015, and because SXT has and Countervailing Duty Operations. never has been affiliated with any requested a concurrent NSR of the [FR Doc. 2016–13204 Filed 6–3–16; 8:45 am] exporter or producer who exported the antidumping duty order covering the subject merchandise to the United BILLING CODE 3510–DS–P same shipment, we are expanding the States during the POI, including those POR by one month.7 Therefore, the POR not individually examined during the is December 1, 2014, through January investigation.3 Further, as required by DEPARTMENT OF COMMERCE 31, 2016.8 19 CFR 351.214(b)(2)(v), it certified that International Trade Administration it informed the government of the PRC Initiation of New Shipper Review that the government will be required to provide a full response to the Pursuant to section 751(a)(2)(B) of the [A–533–869] Department’s questionnaires.4 Act and 19 CFR 351.214(b), and the information on the record, the Certain New Pneumatic Off-the-Road In addition to the certifications Tires From India: Postponement of described above, pursuant to 19 CFR Department finds that SXT’s request meets the threshold requirements for Preliminary Determination of 351.214(b)(2)(iv), SXT submitted Antidumping Duty Investigation documentation establishing the initiation of a NSR and, therefore, is following: (1) The date of its first sale to initiating a NSR of SXT. If the AGENCY: Enforcement and Compliance, an unaffiliated customer in the United information supplied by STX is found to International Trade Administration, States; (2) the date on which the be incorrect or insufficient during the Department of Commerce. passenger tires were first entered for course of this proceeding, the DATES: Effective June 6, 2016. consumption; (3) the volume of that Department may rescind the review for STX or apply facts available pursuant to FOR FURTHER INFORMATION CONTACT: Lilit shipment.5 The Department queried the database section 776 of the Act, depending on the Astvatsatrian at (202) 482–6412 or of U.S. Customs and Border Protection facts on the record. Absent a Trisha Tran at (202) 482–4852; AD/CVD (CBP) in an attempt to confirm that the determination that the new shipper Operations, Enforcement and shipment reported by SXT had entered review is extraordinarily complicated, Compliance, International Trade the United States for consumption and Administration, U.S. Department of the Department intends to issue the that liquidation had been suspended as Commerce, 14th Street and Constitution preliminary results within 180 days subject to the countervailing duty order. Avenue NW., Washington, DC 20230. after the date on which this review is The information which the Department initiated and the final results within 90 SUPPLEMENTARY INFORMATION: examined was consistent with that days after the date on which we issue Background provided by SXT in its request.6 In the preliminary results.9 particular, the CBP data confirmed the On February 10, 2016, the Department On February 24, 2016, the President of Commerce (Department) published a price and quantity reported by SXT for signed into law the ‘‘Trade Facilitation the sale that forms the basis for this NSR notice of initiation of an antidumping and Trade Enforcement Act of 2015,’’ duty investigation on certain new request. H.R. 644, which made several pneumatic off-the-road tires (off road Period of Review amendments to section 751(a)(2)(B) of tires) from India.1 Section 733(b)(1)(A) Pursuant to 19 CFR 351.214(c), an the Act. We will conduct this new of the Tariff Act of 1930, as amended exporter or producer may request a NSR shipper review in accordance with (the Act), and 19 CFR 351.205(b)(1) state within one year of the date on which its section 751(a)(2)(B) of the Act, as the Department will make a preliminary subject merchandise was first entered. determination no later than 140 days 7 See Raw Flexible Magnets From the People’s Moreover, 19 CFR 351.214(d)(1) states after the date of the initiation. The Republic of China: Initiation of Countervailing Duty New Shipper Review, 75 FR 22741 (April 30, 2010) current deadline for the preliminary 2 See SXT’s request for a NSR dated February 25, (expanding the POR for a NSR of a CVD order); see 2016, at Exhibit 2. also Antidumping Duties; Countervailing Duties; 10 The Trade Facilitation and Trade Enforcement sradovich on DSK3TPTVN1PROD with NOTICES 3 Id. Final Rule, 62 FR 27296, 27320 (May 19, 1997) (The Act of 2015 removed from section 751(a)(2)(B) of 4 Id. Department’s regulations ‘‘provide the Department the Act the provision directing the Department to 5 Id. at Exhibit 1. with sufficient flexibility to resolve any problems instruct CBP to allow an importer the option of 6 See Memorandum to the File from Spencer that may arise {when the requestor’s first shipment posting a bond or security in lieu of a cash deposit Toubia, ‘‘New Shipper Review of the occurs after the calendar year in question} by during the pendency of a new shipper review. Countervailing Duty Order on Passenger Vehicle modifying the standard review period.’’). 1 See Certain New Pneumatic Off-the-Road Tires 8 See 19 CFR 351.214(g)(1)(i)(B). and Light Truck Tires from the People’s Republic from India and the People’s Republic of China: of China: Customs Entries from January 1, 2013,’’ 9 See section 751(a)(2)(B)(iv) of the Act and 19 Initiation of Less-Than-Fair Value Investigations, 81 dated March 31, 2016. CFR 351.214(i). FR 7073 (February 10, 2016). 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36264 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices determination of this investigation is no Dated: May 31, 2016. FOR FURTHER INFORMATION CONTACT: later than June 22, 2016. Paul Piquado, Thomas Schauer or Minoo Hatten, AD/ Assistant Secretary for Enforcement and CVD Operations, Office I, Enforcement Postponement of Preliminary Compliance. and Compliance, International Trade Determination [FR Doc. 2016–13278 Filed 6–3–16; 8:45 am] Administration, U.S. Department of On May 3, 2016, Titan Tire BILLING CODE 3510–DS–P Commerce, 1401 Constitution Avenue Corporation and the United Steel, Paper NW., Washington, DC 20230; telephone (202) 482–0410 or (202) 482–1690, and Forestry, Rubber, Manufacturing, DEPARTMENT OF COMMERCE respectively. Energy, Allied Industrial and Service Workers International Union, AFL–CIO, SUPPLEMENTARY INFORMATION: International Trade Administration CLC (USW) (collectively, Petitioners) Background made a timely request, pursuant to 19 [A–588–804, A–412–801] CFR 351.205(e), for postponement of the On July 8, 2015, the Court remanded preliminary determination, in order to Ball Bearings and Parts Thereof From the Final Results for the Department to provide the Department with sufficient Japan and the United Kingdom: Notice apply a differential pricing analysis.3 of Court Decision Not in Harmony With On remand, the Department applied a time to develop the record in this the Final Results of Antidumping Duty differential pricing analysis, under proceeding through additional Administrative Reviews; 2009–2010 protest, and as a result, the weighted- questionnaires, which Petitioners will average dumping margin for each in turn need to analyze and possibly AGENCY: Enforcement and Compliance, respondent subject to these comment on. Because there are no International Trade Administration, administrative reviews changed. On compelling reasons to deny Petitioners’ Department of Commerce. May 10, 2016, the Court upheld the request, in accordance with section SUMMARY: On May 10, 2016, the United Final Remand Redetermination in full.4 773(c)(1)(A) of the Act, the Department States Court of International Trade (the is postponing the deadline for the Court) sustained the Final Remand Timken Notice preliminary determination by 50 days. Redetermination pertaining to the In its decision in Timken, as clarified administrative reviews of the by Diamond Sawblades, the CAFC held For the reasons stated above, the antidumping duty orders on ball Department, in accordance with section that, pursuant to section 516A(e) of the bearings and parts thereof from Japan Tariff Act of 1930, as amended (the Act), 733(c)(1)(A) of the Act, is postponing and the United Kingdom covering the the deadline for the preliminary the Department must publish a notice of period May 1, 2009, through April 30, a court decision that is not ‘‘in determination to no later than 190 days 2010.1 Consistent with the decision of harmony’’ with a Department after the date on which the Department the United States Court of Appeals for determination and must suspend initiated this investigation. Therefore, the Federal Circuit (CAFC) in Timken liquidation of entries pending a the new deadline for the preliminary Co. v. United States, 893 F.2d 337 (Fed. ‘‘conclusive’’ court decision. The determination is August 11, 2016. In Cir. 1990) (Timken), as clarified by Remand Affirmation sustaining the accordance with section 735(a)(1) of the Diamond Sawblades Mfrs. Coalition v. Final Remand Redetermination Act, the deadline for the final United States, 626 F.3d 1374 (Fed. Cir. constitutes a final decision of the Court determination of this investigation will 2010) (Diamond Sawblades), the which is not in harmony with the Final continue to be 75 days after the date of Department of Commerce (the Results. This notice is published in the preliminary determination, unless Department) is notifying the public that fulfillment of the publication postponed at a later date. the Court’s final judgment in this case requirements of Timken. is not in harmony with the Final This notice is issued and published Amended Final Results Results, and that the Department is pursuant to section 733(c)(2) of the Act amending the Final Results with respect Because there is now a final court and 19 CFR 351.205(f)(1). to all respondents that were subject to decision, the Department is amending these administrative reviews.2 the Final Results with respect to all DATES: Effective May 20, 2016. respondents as follows: Company Rate (percent) JAPAN Asahi Seiko Co., Ltd. ........................................................................................................................................................................... 1.33 Audi AG ............................................................................................................................................................................................... 4.58 Bosch Corporation ............................................................................................................................................................................... 4.58 Bosch Packaging Technology K.K. ..................................................................................................................................................... 4.58 Bosch Rexroth Corporation ................................................................................................................................................................. 4.58 Caterpillar Japan Ltd. .......................................................................................................................................................................... 4.58 Caterpillar Overseas S.A.R.L. ............................................................................................................................................................. 4.58 Caterpillar Group Services S.A. .......................................................................................................................................................... 4.58 Caterpillar Brazil Ltd. ........................................................................................................................................................................... 4.58 sradovich on DSK3TPTVN1PROD with NOTICES Caterpillar Africa Pty. Ltd. .................................................................................................................................................................... 4.58 Caterpillar of Australia Pty. Ltd. ........................................................................................................................................................... 4.58 1 See Final Results of Remand Redetermination 00155, slip op. 16–47, 2016 Ct. Intl. Trade LEXIS Antidumping Duty Administrative Reviews and (Final Remand Redetermination) Pursuant to The 45 (Ct. Int’l Trade May 10, 2016) (Remand Rescission of Review in Part; 2009–2010, 79 FR Timken Company v. United States, 79 F. Supp. 3d Affirmation). 35312 (June 20, 2014) (Final Results). 3 See Remand Order, 79 F. Supp. 3d at 1361. 1350 (CIT 2015) (Remand Order), aff’d The Timken 2 See Ball Bearings and Parts Thereof from Japan Company v. United States, Consol. Court No. 14– and the United Kingdom: Final Results of 4 See Remand Affirmation at 26. VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1


Document Created: 2016-06-04 00:17:05
Document Modified: 2016-06-04 00:17:05
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 June 6, 2016.
ContactLilit Astvatsatrian at (202) 482-6412 or Trisha Tran at (202) 482-4852; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 36263 
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