81_FR_36373 81 FR 36265 - Passenger Vehicle and Light Truck Tires From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016

81 FR 36265 - Passenger Vehicle and Light Truck Tires From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range36265-36266
FR Document2016-13205

On February 25, 2016, the Department received a timely request for a new shipper review (NSR) from Shandong Xinghongyuan Tire Co., Ltd. (``SXT''), in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c). The Department of Commerce (Department) has determined that the request for a NSR of the antidumping duty order on Passenger Vehicle and Light Truck Tires (passenger tires) from the People's Republic of China (PRC) meets the statutory and regulatory requirements for initiation. The period of review (POR) is August 1, 2015, through, January 31, 2016.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016) 
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36265-36266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13205]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Initiation of Antidumping Duty New Shipper Review; 
2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 25, 2016, the Department received a timely request 
for a new shipper review (NSR) from Shandong Xinghongyuan Tire Co., 
Ltd. (``SXT''), in accordance with section 751(a)(2)(B)(i) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c). The 
Department of Commerce (Department) has determined that the request for 
a NSR of the antidumping duty order on Passenger Vehicle and Light 
Truck Tires (passenger tires) from the People's Republic of China (PRC) 
meets the statutory and regulatory requirements for initiation. The 
period of review (POR) is August 1, 2015, through, January 31, 2016.

DATES: Effective June 6, 2016.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade

[[Page 36266]]

Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5484.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on passenger 
tires from the PRC in the Federal Register on August 10, 2015.\1\ On 
February 25, 2016, the Department received a timely request for a NSR 
from SXT.\2\ SXT certified that it is the exporter and producer of the 
passenger tires upon which the request for a NSR is based.\3\ Pursuant 
to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), 
SXT certified that it did not export passenger tires for sale to the 
United States during the period of investigation (POI).\4\ Moreover, 
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), SXT certified that, since the investigation was 
initiated, it never has been affiliated with any exporter or producer 
who exported the subject merchandise to the United States during the 
POI, including those not individually examined during the 
investigation.\5\ Further, as required by 19 CFR 351.214(b)(2)(iii)(B), 
it certified that its export activities are not controlled by the 
central government of the PRC.\6\ SXT also certified it had no 
subsequent shipments of subject merchandise.\7\
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    \1\ See Certain Passenger Vehicle and Light Truck Tires From the 
People's Republic of China: Amended Final Affirmative Antidumping 
Duty Determination and Antidumping Duty Order; and Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order. 80 FR 47902 (August 10, 2015).
    \2\ See Shandong Xinghongyuan 's request for a NSR dated 
February 25, 2016.
    \3\ Id. at Exhibit 2.
    \4\ Id.
    \5\ Id.
    \6\ Id.
    \7\ Id. at page 2.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), SXT submitted documentation establishing the 
following: (1) The date of its first sale to an unaffiliated customer 
in the United States; (2) the date on which the passenger tires were 
first entered; and (3) the volume of that shipment.\8\
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    \8\ Id. at Exhibit 1.
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    The Department queried the database of U.S. Customs and Border 
Protection (CBP) in an attempt to confirm that the shipment reported by 
SXT had entered the United States for consumption and that liquidation 
had been properly suspended for antidumping duties. The information 
which the Department examined was consistent with that provided by SXT 
in its request.\9\ In particular, the CBP data confirmed the price and 
quantity reported by SXT for the sale that forms the basis for this NSR 
request.
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    \9\ See Memorandum to the File, ``New Shipper Review of the 
Antidumping Duty Order on Passenger Vehicle and Light Truck Tires 
from the People's Republic of China: Customs Entries from January 
27, 2015, to January 31, 2016,'' dated March 31, 2016.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a NSR within one year of the date on which its subject merchandise was 
first entered. Moreover, 19 CFR 351.214(d)(1) states that if the 
request for the review is made during the six-month period ending with 
the end of the semiannual anniversary month, the Secretary will 
initiate a NSR in the calendar month immediately following the 
semiannual anniversary month. Further, 19 CFR 315.214(g)(1)(i)(B) 
states that if the NSR was initiated in the month immediately following 
the semiannual anniversary month, the POR will be the six-month period 
immediately preceding the semiannual anniversary month. SXT made the 
request for a NSR, that included all documents and information required 
by the statute and regulations, within one year of the date on which 
its passenger tires first entered. Its request was filed in February, 
which is the semiannual anniversary month of the order. Therefore, the 
POR is August 1, 2015, through January 31, 2016.\10\
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    \10\ See 19 CFR 351.214(g)(1)(i)(B).
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that SXT's 
request meets the threshold requirements for initiation of a NSR and, 
therefore, is initiating a NSR of SXT. The Department intends to issue 
the preliminary results within 180 days after the date on which this 
review is initiated and the final results within 90 days after the date 
on which we issue the preliminary results.\11\
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    \11\ See section 751(a)(2)(B)(iv) of the Act.
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    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate (i.e., 
a separate rate) provide evidence of de jure and de facto absence of 
government control over the company's export activities.\12\ 
Accordingly, the Department will issue questionnaires to SXT, which 
will include a section requesting information with regard to its export 
activities for the purpose of establishing its eligibility for a 
separate rate. The review will proceed if the responses provide 
sufficient indication that SXT is not subject to either de jure or de 
facto government control with respect to its exports of passenger 
tires.
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    \12\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
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    On February 24, 2016, the President signed into law the ``Trade 
Facilitation and Trade Enforcement Act of 2015,'' H.R. 644, which made 
several amendments to section 751(a)(2)(B) of the Act. We will conduct 
this new shipper review in accordance with section 751(a)(2)(B) of the 
Act, as amended by the Trade Facilitation and Trade Enforcement Act of 
2015.\13\
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    \13\ The Trade Facilitation and Trade Enforcement Act of 2015 
removed from section 751(a)(2)(B) of the Act the provision directing 
the Department to instruct Customs and Border Protection to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of a new shipper review.
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    Interested parties requiring access to proprietary information in 
this proceeding should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

     Dated: May 25, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-13205 Filed 6-3-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices 36265 Company Rate (percent) Caterpillar S.A.R.L. .............................................................................................................................................................................. 4.58 Caterpillar Americas Mexico, S. de R.L. de C.V. ................................................................................................................................ 4.58 Caterpillar Logistics Services China Ltd. ............................................................................................................................................. 4.58 Caterpillar Mexico, S.A. de C.V. .......................................................................................................................................................... 4.58 Hagglunds Ltd. ..................................................................................................................................................................................... 4.58 Hino Motors Ltd. .................................................................................................................................................................................. 4.58 JTEKT Corporation (formerly known as Koyo Seiko Co., Ltd.) .......................................................................................................... 4.58 Kongskilde Limited ............................................................................................................................................................................... 4.58 Mazda Motor Corporation .................................................................................................................................................................... 4.58 Mori Seiki Co., Ltd. .............................................................................................................................................................................. 0.65 Nachi-Fujikoshi Corporation ................................................................................................................................................................ 4.58 Nissan Motor Company, Ltd. ............................................................................................................................................................... 4.58 NSK Ltd. .............................................................................................................................................................................................. 2.79 NTN Corporation and NTN Kongo Corporation .................................................................................................................................. 6.37 Perkins Engines Company Limited ..................................................................................................................................................... 4.58 Volkswagen AG ................................................................................................................................................................................... 4.58 Volkswagen Zubehor GmbH ............................................................................................................................................................... 4.58 Yamazaki Mazak Trading Corporation ................................................................................................................................................ 4.58 UNITED KINGDOM Alcatel Vacuum Technology ................................................................................................................................................................ 6.47 Bosch Rexroth Ltd. .............................................................................................................................................................................. 6.47 Caterpillar S.A.R.L. .............................................................................................................................................................................. 6.47 Caterpillar Group Services S.A. .......................................................................................................................................................... 6.47 Caterpillar of Australia Pty Ltd. ............................................................................................................................................................ 6.47 Caterpillar Overseas S.A.R.L. ............................................................................................................................................................. 6.47 Caterpillar Marine Power UK ............................................................................................................................................................... 6.47 NSK Bearings Europe Ltd. .................................................................................................................................................................. 6.47 Perkins Engines Company Ltd. ........................................................................................................................................................... 6.47 SKF (U.K.) Limited and SKF Aeroengine Bearings U.K. .................................................................................................................... 6.47 In the event the Court’s ruling is not margin listed above to all entries of DEPARTMENT OF COMMERCE appealed, or if it is appealed and upheld subject merchandise produced and/or by the CAFC, the Department will exported by such firms. International Trade Administration instruct U.S. Customs and Border [A–570–016] Protection (CBP) to assess antidumping Cash Deposit Requirements duties on entries of the subject Because we revoked the antidumping Passenger Vehicle and Light Truck merchandise exported by the companies duty orders on ball bearings and parts Tires From the People’s Republic of listed above. In accordance with 19 CFR China: Initiation of Antidumping Duty thereof from Japan and the United 351.212(b)(1), for Asahi Seiko Co., Ltd., New Shipper Review; 2015–2016 Kingdom effective September 15, 2011, Mori Seiki Co., Ltd., NSK Ltd., NSK no cash deposits for estimated AGENCY: Enforcement and Compliance, Bearings Europe Ltd., and NTN Corporation and NTN Kongo antidumping duties on future entries of International Trade Administration, Corporation, we calculated importer- subject merchandise will be required.5 Department of Commerce. specific assessment rates by dividing the This notice is issued and published in SUMMARY: On February 25, 2016, the total amount of dumping for the accordance with sections 516(A)(e), Department received a timely request reviewed sales by the total entered vale 751(a)(1), and 777(i)(1) of the Act. for a new shipper review (NSR) from of those reviewed sales for each Shandong Xinghongyuan Tire Co., Ltd. Dated: May 31, 2016. (‘‘SXT’’), in accordance with section importer. Paul Piquado, 751(a)(2)(B)(i) of the Tariff Act of 1930, For entries of subject merchandise during the period of reviews produced Assistant Secretary for Enforcement and as amended (the Act), and 19 CFR by Asahi Seiko Co., Ltd., Mori Seiki Co., Compliance. 351.214(c). The Department of Ltd., NSK Ltd., NSK Bearings Europe [FR Doc. 2016–13280 Filed 6–3–16; 8:45 am] Commerce (Department) has determined Ltd., and NTN Corporation and NTN BILLING CODE 3510–DS–P that the request for a NSR of the Kongo Corporation, for which they did antidumping duty order on Passenger not know their merchandise was Vehicle and Light Truck Tires destined for the United States, we will (passenger tires) from the People’s instruct CBP to liquidate unreviewed Republic of China (PRC) meets the entries at the country-specific all-others statutory and regulatory requirements rate if there is no rate for the for initiation. The period of review sradovich on DSK3TPTVN1PROD with NOTICES intermediate company(ies) involved in (POR) is August 1, 2015, through, the transaction. January 31, 2016. For all other companies listed above, DATES: Effective June 6, 2016. which were not selected for individual 5 See Ball Bearings and Parts Thereof From Japan FOR FURTHER INFORMATION CONTACT: examination, we will instruct CBP to and the United Kingdom: Final Results of Sunset Chien-Min Yang, AD/CVD Operations, assess antidumping duties at a rate Reviews and Revocation of Antidumping Duty Office VII, Enforcement and equal to the weighted-average dumping Orders, 79 FR 16771 (March 26, 2014). Compliance, International Trade VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1

36266 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices Administration, U.S. Department of provided by SXT in its request.9 In questionnaires to SXT, which will Commerce, 14th Street and Constitution particular, the CBP data confirmed the include a section requesting information Avenue NW., Washington, DC 20230; price and quantity reported by SXT for with regard to its export activities for telephone: (202) 482–5484. the sale that forms the basis for this NSR the purpose of establishing its eligibility SUPPLEMENTARY INFORMATION: request. for a separate rate. The review will Period of Review proceed if the responses provide Background sufficient indication that SXT is not The Department published the Pursuant to 19 CFR 351.214(c), an subject to either de jure or de facto antidumping duty order on passenger exporter or producer may request a NSR government control with respect to its tires from the PRC in the Federal within one year of the date on which its exports of passenger tires. Register on August 10, 2015.1 On subject merchandise was first entered. On February 24, 2016, the President February 25, 2016, the Department Moreover, 19 CFR 351.214(d)(1) states signed into law the ‘‘Trade Facilitation received a timely request for a NSR from that if the request for the review is made and Trade Enforcement Act of 2015,’’ SXT.2 SXT certified that it is the during the six-month period ending H.R. 644, which made several exporter and producer of the passenger with the end of the semiannual amendments to section 751(a)(2)(B) of tires upon which the request for a NSR anniversary month, the Secretary will the Act. We will conduct this new is based.3 Pursuant to section initiate a NSR in the calendar month shipper review in accordance with 751(a)(2)(B)(i)(I) of the Act and 19 CFR immediately following the semiannual section 751(a)(2)(B) of the Act, as 351.214(b)(2)(i), SXT certified that it did anniversary month. Further, 19 CFR amended by the Trade Facilitation and not export passenger tires for sale to the 315.214(g)(1)(i)(B) states that if the NSR Trade Enforcement Act of 2015.13 United States during the period of was initiated in the month immediately Interested parties requiring access to investigation (POI).4 Moreover, pursuant following the semiannual anniversary proprietary information in this to section 751(a)(2)(B)(i)(II) of the Act month, the POR will be the six-month proceeding should submit applications and 19 CFR 351.214(b)(2)(iii)(A), SXT period immediately preceding the for disclosure under administrative certified that, since the investigation semiannual anniversary month. SXT protective order in accordance with 19 was initiated, it never has been affiliated made the request for a NSR, that CFR 351.305 and 351.306. with any exporter or producer who included all documents and information This initiation and notice are in exported the subject merchandise to the required by the statute and regulations, accordance with section 751(a)(2)(B) of United States during the POI, including within one year of the date on which its the Act and 19 CFR 351.214 and those not individually examined during passenger tires first entered. Its request 351.221(c)(1)(i). the investigation.5 Further, as required was filed in February, which is the semiannual anniversary month of the Dated: May 25, 2016. by 19 CFR 351.214(b)(2)(iii)(B), it certified that its export activities are not order. Therefore, the POR is August 1, Christian Marsh, controlled by the central government of 2015, through January 31, 2016.10 Deputy Assistant Secretary for Antidumping the PRC.6 SXT also certified it had no and Countervailing Duty Operations. Initiation of New Shipper Review subsequent shipments of subject [FR Doc. 2016–13205 Filed 6–3–16; 8:45 am] merchandise.7 Pursuant to section 751(a)(2)(B) of the BILLING CODE 3510–DS–P In addition to the certifications Act and 19 CFR 351.214(b), and the described above, pursuant to 19 CFR information on the record, the 351.214(b)(2)(iv), SXT submitted Department finds that SXT’s request DEPARTMENT OF COMMERCE documentation establishing the meets the threshold requirements for following: (1) The date of its first sale to initiation of a NSR and, therefore, is International Trade Administration an unaffiliated customer in the United initiating a NSR of SXT. The Department intends to issue the United States Investment Advisory States; (2) the date on which the preliminary results within 180 days Council: Meeting of the United States passenger tires were first entered; and after the date on which this review is Investment Advisory Council (3) the volume of that shipment.8 The Department queried the database initiated and the final results within 90 AGENCY: International Trade of U.S. Customs and Border Protection days after the date on which we issue Administration, U.S. Department of (CBP) in an attempt to confirm that the the preliminary results.11 Commerce. shipment reported by SXT had entered It is the Department’s usual practice in cases involving non-market ACTION: Notice of an open meeting. the United States for consumption and that liquidation had been properly economies to require that a company SUMMARY: The United States Investment suspended for antidumping duties. The seeking to establish eligibility for an Advisory Council (Council) will hold its information which the Department antidumping duty rate separate from the inaugural meeting on Tuesday, June 21, examined was consistent with that country-wide rate (i.e., a separate rate) 2016. The Council was chartered on provide evidence of de jure and de facto April 6, 2016, to advise the Secretary of 1 See Certain Passenger Vehicle and Light Truck absence of government control over the Commerce on matters relating to foreign Tires From the People’s Republic of China: company’s export activities.12 direct investment into the United States. Amended Final Affirmative Antidumping Duty Accordingly, the Department will issue At the meeting, members will be sworn- Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty 9 See Memorandum to the File, ‘‘New Shipper in and will begin a discussion of the Determination and Countervailing Duty Order. 80 work they will undertake during their Review of the Antidumping Duty Order on FR 47902 (August 10, 2015). sradovich on DSK3TPTVN1PROD with NOTICES 2 See Shandong Xinghongyuan ’s request for a Passenger Vehicle and Light Truck Tires from the term. They are expected to discuss People’s Republic of China: Customs Entries from NSR dated February 25, 2016. January 27, 2015, to January 31, 2016,’’ dated March 13 The Trade Facilitation and Trade Enforcement 3 Id. at Exhibit 2. 31, 2016. Act of 2015 removed from section 751(a)(2)(B) of 4 Id. 10 See 19 CFR 351.214(g)(1)(i)(B). 5 Id. the Act the provision directing the Department to 11 See section 751(a)(2)(B)(iv) of the Act. instruct Customs and Border Protection to allow an 6 Id. 12 See Import Administration Policy Bulletin, importer the option of posting a bond or security 7 Id. at page 2. Number: 05.1. (http://ia.ita.doc.gov/policy/bull05- in lieu of a cash deposit during the pendency of a 8 Id. at Exhibit 1. 1.pdf). new shipper review. VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1


Document Created: 2016-06-04 00:16:39
Document Modified: 2016-06-04 00:16:39
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.
ContactChien-Min Yang, 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- 5484.
FR Citation81 FR 36265 
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