81 FR 39900 - Certain New Pneumatic Off-the-Road Tires From Sri Lanka: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 118 (June 20, 2016)
International Trade Administration
Federal Register Volume 81, Issue 118 (June 20, 2016)
| Page Range | 39900-39902 | |
| FR Document | 2016-14538 |
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)] [Notices] [Pages 39900-39902] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14538] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-542-801] Certain New Pneumatic Off-the-Road Tires From Sri Lanka: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain new pneumatic off-the-road tires (off road tires) from Sri Lanka and that critical circumstances exist. The period of investigation is January 1, 2015, through December 31, 2015. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: June 20, 2016. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3874. Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination On February 3, 2016, the Department initiated this CVD investigation of off road tires from Sri Lanka.\1\ On the same day, the Department also initiated antidumping duty (AD) and CVD investigations of off road tires from India.2 3 This CVD investigation and the India AD investigation cover the same class or kind of merchandise. --------------------------------------------------------------------------- \1\ See Certain New Pneumatic Off-the-Road Tires From India, the People's Republic of China, and Sri Lanka: Initiation of Countervailing Duty Investigations, 81 FR 7067 (February 10, 2016) (Initiation Notice). \2\ 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). \3\ At this time, the Department also initiated AD and CVD investigations of off road tires from the People's Republic of China (PRC). However, on March 1, 2016, the U.S. International Trade Commission (ITC) found that imports of off road tires from the PRC were negligible and terminated the PRC AD and CVD investigations. See Certain New Pneumatic Off-the-Road-Tires From China, India, and Sri Lanka, 81 FR 10663 (March 1, 2016). --------------------------------------------------------------------------- On May 11, 2016, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (Act), Petitioners \4\ requested alignment of the final CVD determination of off road tires from Sri Lanka with the final AD determination of off road tires from India. Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination with the India final AD determination. Consequently, the final CVD determination will be issued on the same date as the India final AD determination, which is currently scheduled to be issued no later than October 25, 2016, unless postponed. --------------------------------------------------------------------------- \4\ Petitioners in this investigation are Titan Tire Corporation and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. --------------------------------------------------------------------------- Scope of the Investigation The scope of the investigation covers off road tires, which are tires with an off road tire size designation. For a complete description of the scope of the investigation, see Appendix I. Scope Comments Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For discussion of those comments, see the Preliminary Decision Memorandum.\5\ --------------------------------------------------------------------------- \5\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding ``Decision Memorandum for the Affirmative Preliminary Determination in the Countervailing Duty Investigation of Certain New Pneumatic Off-The-Road Tires from Sri Lanka,'' dated concurrently with this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology The Department is conducting this CVD investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy (i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient) and that the subsidy is specific.\6\ For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \6\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- The Preliminary 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 [[Page 39901]] 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 Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Preliminary Affirmative Determination of Critical Circumstances On May 24, 2016, Petitioners filed a timely critical circumstances allegation, pursuant to section 703(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of off road tires from Sri Lanka.\7\ We preliminarily determine that critical circumstances exist for Camso Loadstar (Private) Ltd. (Camso Loadstar) and the companies covered by the ``all others'' rate. For discussion of our determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ See Letter from Petitioners, regarding Certain New Pneumatic Off-The-Road Tires from Sri Lanka--Petitioners' Critical Circumstances Allegation, dated May 24, 2016. --------------------------------------------------------------------------- Preliminary Determination and Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for the individually-investigated producer/ exporter of the subject merchandise. In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for companies not investigated, we apply an ``all others'' rate, which is normally calculated by weighting the subsidy rates of the individually-examined respondents by those companies' exports of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the ``all others'' rate should exclude zero and de minimis rates or any rates based solely on the facts available calculated for the producers/exporters individually investigated. Because we individually investigated only one producer/ exporter, we applied the rate calculated for that producer/exporter as the ``all others'' rate. We preliminarily determine that countervailable subsidies are being provided with respect to the manufacture, production, or exportation of the subject merchandise. We preliminarily determine the countervailable subsidy rates to be: ------------------------------------------------------------------------ Subsidy Company rate (percent) ------------------------------------------------------------------------ Camso Loadstar (Private), Ltd.\8\........................... 2.90 All Others.................................................. 2.90 ------------------------------------------------------------------------ As noted above, we preliminarily determine that critical circumstances exist for Camso Loadstar and the companies covered by the ``all others'' rate. Therefore, in accordance with sections 703(d)(1)(B) and 703(e)(2) of the Act, we are directing U.S. Customs and Border Protection to suspend liquidation of all entries of off road tires from Sri Lanka that are entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above. --------------------------------------------------------------------------- \8\ The Department selected as its mandatory respondents in this investigation Camso Loadstar and Loadstar Private Limited (Loadstar). See the Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Whitley Herndon, International Trade Compliance Analyst, entitled ``Respondent Selection for the Countervailing Duty Investigation of Certain New Pneumatic Off-The-Road Tires from Sri Lanka,'' dated February 25, 2016. However, on April 1, 2016, Camso Loadstar notified the Department that Camso Loadstar and Loadstar are not separate companies; rather, Loadstar is the previous name for Camso Loadstar. Specifically, Camso Loadstar stated that, on June 24, 2015, Loadstar changed its name to Camso Loadstar. See Letter from Camso Loadstar, entitled ``Certain Off-the-Road Tires from Sri Lanka,'' dated April 1, 2016. As a result, we are assigning a cash deposit rate to Camso Loadstar because this is the name of the currently existing company. For further discussion, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- Verification As provided in section 782(i)(1) of the Act, we intend to verify the information submitted by Camso Loadstar and the Government of Sri Lanka (GOSL) prior to making our final determination. U.S. International Trade Commission In accordance with section 703(f) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination. Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.\9\ Case briefs may be submitted to ACCESS no later than seven days after the date on which the final verification report is issued in this proceeding. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\10\ --------------------------------------------------------------------------- \9\ See 19 CFR 351.224(b). \10\ See 19 CFR 351.309. --------------------------------------------------------------------------- Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\11\ This summary should be limited to five pages total, including footnotes. --------------------------------------------------------------------------- \11\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Interested parties who wish to request a hearing, or to participate if one is requested, must do so in writing within 30 days after the publication of this preliminary determination in the Federal Register.\12\ Requests should contain the party's name, address, and telephone number; the number of participants; and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date, time, and location to be determined. Parties will be notified of the date, time, and location of any hearing. --------------------------------------------------------------------------- \12\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Parties must file their case and rebuttal briefs, and any requests for a hearing, electronically using ACCESS.\13\ Electronically-filed documents must be received successfully in their entirety by 5:00 p.m. Eastern Time on the due dates established above.\14\ --------------------------------------------------------------------------- \13\ See 19 CFR 351.303(b)(2)(i). \14\ See 19 CFR 351.303(b)(1). --------------------------------------------------------------------------- This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). [[Page 39902]] Dated: June 13, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The scope of this investigation is certain new pneumatic off- the-road tires (certain off road tires). Certain off road tires are tires with an off road tire size designation. The tires included in the scope may be either tube-type \15\ or tubeless, radial, or non- radial, regardless of whether for original equipment manufacturers or the replacement market. --------------------------------------------------------------------------- \15\ While tube-type tires are subject to the scope of this proceeding, tubes and flaps are not subject merchandise and therefore are not covered by the scope of this proceeding, regardless of the manner in which they are sold (e.g., sold with or separately from subject merchandise). --------------------------------------------------------------------------- Subject tires may have the following prefix or suffix designation, which appears on the sidewall of the tire: Prefix designations: DH--Identifies a tire intended for agricultural and logging service which must be mounted on a DH drop center rim. VA--Identifies a tire intended for agricultural and logging service which must be mounted on a VA multipiece rim. IF--Identifies an agricultural tire to operate at 20 percent higher rated load than standard metric tires at the same inflation pressure. VF--Identifies an agricultural tire to operate at 40 percent higher rated load than standard metric tires at the same inflation pressure. Suffix designations: ML--Mining and logging tires used in intermittent highway service. DT--Tires primarily designed for sand and paver service. NHS--Not for Highway Service. TG--Tractor Grader, off-the-road tire for use on rims having bead seats with nominal +0.188'' diameter (not for highway service). K--Compactor tire for use on 5[deg] drop center or semi-drop center rims having bead seats with nominal minus 0.032 diameter. IND--Drive wheel tractor tire used in industrial service. SL--Service limited to agricultural usage. FI--Implement tire for agricultural towed highway service. CFO--Cyclic Field Operation. SS--Differentiates tires for off-highway vehicles such as mini and skid-steer loaders from other tires which use similar size designations such as 7.00-15TR and 7.00-15NHS, but may use different rim bead seat configurations. All tires marked with any of the prefixes or suffixes listed above in their sidewall markings are covered by the scope regardless of their intended use. In addition, all tires that lack any of the prefixes or suffixes listed above 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 following sections of the Tire and Rim Association Year Book, as updated annually, unless the tire falls within one of the specific exclusions set forth below. The sections of the Tire and Rim Association Year Book listing numerical size designations of covered certain off road tires include: The table of mining and logging tires included in the section on Truck-Bus tires; The entire section on Off-the-Road tires; The entire section on Agricultural tires; and The following tables in the section on Industrial/ATV/Special Trailer tires:Industrial, Mining, Counterbalanced Lift Truck (Smooth Floors Only); Industrial and Mining (Other than Smooth Floors); Construction Equipment; Off-the-Road and Counterbalanced Lift Truck (Smooth Floors Only); Aerial Lift and Mobile Crane; and Utility Vehicle and Lawn and Garden Tractor. Certain off road tires, whether or not mounted on wheels or rims, are included in the scope. However, if a subject tire is imported mounted on a wheel or rim, only the tire is covered by the scope. Subject merchandise includes certain off road tires produced in the subject countries whether mounted on wheels or rims in a subject country or in a third country. Certain off road tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires that enter attached to a vehicle are not covered by the scope. Specifically excluded from the scope are passenger vehicle and light truck tires, racing tires, mobile home tires, motorcycle tires, all-terrain vehicle tires, bicycle tires, on-road or on- highway trailer tires, and truck and bus tires. Such tires generally have in common that the symbol ``DOT'' must appear on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Such excluded tires may also have the following prefixes and suffixes included as part of the size designation on their sidewalls: Prefix letter designations: AT--Identifies a tire intended for service on All-Terrain Vehicles; P--Identifies a tire intended primarily for service on passenger cars; LT--Identifies a tire intended primarily for service on light trucks; T--Identifies a tire intended for one-position ``temporary use'' as a spare only; and ST--Identifies a special tire for trailers in highway service. Suffix letter designations: TR--Identifies a tire for service on trucks, buses, and other vehicles with rims having specified rim diameter of nominal plus 0.156'' or plus 0.250''; MH--Identifies tires for Mobile Homes; HC--Identifies a heavy duty tire designated for use on ``HC'' 15'' tapered rims used on trucks, buses, and other vehicles. This suffix is intended to differentiate among tires for light trucks, and other vehicles or other services, which use a similar designation. Example: 8R17.5 LT, 8R17.5 HC; LT--Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service; ST--Special tires for trailers in highway service; and M/C--Identifies tires and rims for motorcycles. The following types of tires are also excluded from the scope: Pneumatic tires that are not new, including recycled or retreaded tires and used tires; non-pneumatic tires, including solid rubber tires; aircraft tires; and turf, lawn and garden, and golf tires. Also excluded from the scope are mining and construction tires that have a rim diameter equal to or exceeding 39 inches. Such tires may be distinguished from other tires of similar size by the number of plies that the construction and mining tires contain (minimum of 16) and the weight of such tires (minimum 1500 pounds). The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 4011.61.0000, 4011.62.0000, 4011.63.0000, 4011.69.0050, 4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, 4011.94.8000, 8431.49.9038, 8431.49.9090, 8709.90.0020, and 8716.90.1020. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.99.4550, 4011.99.8550, 8424.90.9080, 8431.20.0000, 8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, 8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500, 8708.70.4530, 8716.90.5035 and 8716.90.5055. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive. Appendix II--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Critical Circumstances VI. Injury Test VII. Subsidies Valuation VIII. Analysis of Programs IX. ITC Notification X. Verification XI. Conclusion [FR Doc. 2016-14538 Filed 6-17-16; 8:45 am] BILLING CODE 3510-DS-P
![39900 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices
12. Jinxiang Dongyun Import & Export Co., DEPARTMENT OF COMMERCE 1930, as amended (Act), Petitioners 4
Ltd. requested alignment of the final CVD
13. Jinxiang Grand Agricultural Co., Ltd. International Trade Administration determination of off road tires from Sri
14. Jinxiang Infarm Fruits & Vegetables Co., Lanka with the final AD determination
Ltd. [C–542–801]
of off road tires from India. Therefore,
15. Jinxiang Meihua Garlic Produce Co., Ltd. in accordance with section 705(a)(1) of
Certain New Pneumatic Off-the-Road
16. Jinxiang Shanyang Freezing Storage Co., the Act and 19 CFR 351.210(b)(4), we
Tires From Sri Lanka: Preliminary
Ltd. are aligning the final CVD determination
17. Jinxiang Tianma Freezing Storage Co.,
Affirmative Countervailing Duty
Determination, Preliminary Affirmative with the India final AD determination.
Ltd. Consequently, the final CVD
18. Jinxiang Xian Baishite Trade Co., Ltd.
Critical Circumstances Determination,
and Alignment of Final Determination determination will be issued on the
(a/k/a Jinxiang Best Trade Co., Ltd.) same date as the India final AD
19. Juye Homestead Fruits and Vegetables With Final Antidumping Determination
determination, which is currently
Co., Ltd. AGENCY: Enforcement and Compliance, scheduled to be issued no later than
20. Laiwu Jiahe Fruit and Vegatable Co., Ltd. International Trade Administration, October 25, 2016, unless postponed.
21. Qingdao Everfresh Trading Co., Ltd. Department of Commerce.
22. Qingdao Tiantaixing Foods Co., Ltd. Scope of the Investigation
SUMMARY: The Department of Commerce
23. Shandong Longtai Fruits and Vegetables The scope of the investigation covers
Co., Ltd.
(the Department) preliminarily
determines that countervailable off road tires, which are tires with an off
24. Shanghai Ever Rich Trade Company road tire size designation. For a
25. Shanghai LJ International Trading Co.,
subsidies are being provided to
producers and exporters of certain new complete description of the scope of the
Ltd.
pneumatic off-the-road tires (off road investigation, see Appendix I.
26. Shenzhen Xunong Trade Co., Ltd.
27. Sunny Import & Export Limited tires) from Sri Lanka and that critical Scope Comments
28. Tangerine International Trading Co. circumstances exist. The period of
investigation is January 1, 2015, through Certain interested parties commented
29. Weifang Chenglong Import & Export Co., on the scope of the investigation as it
Ltd. December 31, 2015. Interested parties
are invited to comment on this appeared in the Initiation Notice. For
30. Weifang He Lu Food Import & Export Co.,
preliminary determination. discussion of those comments, see the
Ltd.
Preliminary Decision Memorandum.5
31. Weifang Naike Foodstuffs Co., Ltd. DATES: Effective Date: June 20, 2016.
32. Weifang Shennong Foodstuff Co., Ltd. FOR FURTHER INFORMATION CONTACT: Methodology
33. XuZhou Heiners Agricultural Co., Ltd. Elizabeth Eastwood, AD/CVD The Department is conducting this
34. Zhengzhou Dadi Garlic Industry Co., Ltd. Operations, Enforcement and CVD investigation in accordance with
35. Zhengzhou Huachao Industrial Co., Ltd. Compliance, International Trade section 701 of the Act. For each of the
36. Zhengzhou Xuri Import & Export Co., Ltd. Administration, U.S. Department of subsidy programs found
37. Zhengzhou Yuanli Trading Co., Ltd. Commerce, 14th Street and Constitution countervailable, we preliminarily
38. Zhong Lian Farming Product (Qingdao) Avenue NW., Washington, DC 20230; determine that there is a subsidy (i.e., a
Co., Ltd. telephone: (202) 482–3874. financial contribution by an ‘‘authority’’
Appendix III—Companies That Have Alignment of Final Countervailing Duty that gives rise to a benefit to the
Certified No Shipments (CVD) Determination With Final recipient) and that the subsidy is
Antidumping Duty (AD) Determination specific.6 For a full description of the
1. Jining Yifa Garlic Produce Co., Ltd.
methodology underlying our
2. Jinxiang Richfar Fruits & Vegetables Co., On February 3, 2016, the Department preliminary conclusions, see the
Ltd. initiated this CVD investigation of off Preliminary Decision Memorandum.
3. Jinxiang Yuanxin Import & Export Co., Ltd. road tires from Sri Lanka.1 On the same The Preliminary Decision
4. Landling Qingshui Vegetable Foods Co., day, the Department also initiated Memorandum is a public document and
Ltd. antidumping duty (AD) and CVD
5. Qingdao Lianghe International Trade Co.,
is on file electronically via Enforcement
investigations of off road tires from and Compliance’s Antidumping and
Ltd. India.2 3 This CVD investigation and the
6. Qingdao Sea-line International Trading Co.
Countervailing Duty Centralized
India AD investigation cover the same Electronic Service System (ACCESS).
7. Qingdao Xiangtiangfeng Foods Co., Ltd. class or kind of merchandise.
8. Shandong Chenhe International Tradeing ACCESS is available to registered users
On May 11, 2016, in accordance with at http://access.trade.gov, and is
Co., Ltd. section 705(a)(1) of the Tariff Act of
9. Shandong Jinxiang Zhengyang Import & 4 Petitioners in this investigation are Titan Tire
Export Co., Ltd. 1 See Certain New Pneumatic Off-the-Road Tires Corporation and the United Steel, Paper and
10. Shijazhuang Goodman Trading Co., Ltd. From India, the People’s Republic of China, and Sri Forestry, Rubber, Manufacturing, Energy, Allied
[FR Doc. 2016–14423 Filed 6–17–16; 8:45 am] Lanka: Initiation of Countervailing Duty Industrial and Service Workers International Union,
Investigations, 81 FR 7067 (February 10, 2016) AFL–CIO, CLC.
BILLING CODE 3510–DS–P (Initiation Notice). 5 See Memorandum from Christian Marsh, Deputy
2 See Certain New Pneumatic Off-the-Road Tires Assistant Secretary for Antidumping and
From India and the People’s Republic of China: Countervailing Duty Operations, to Paul Piquado,
Initiation of Less Than-Fair-Value Investigations, 81 Assistant Secretary for Enforcement and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
FR 7073 (February 10, 2016). Compliance, regarding ‘‘Decision Memorandum for
3 At this time, the Department also initiated AD the Affirmative Preliminary Determination in the
and CVD investigations of off road tires from the Countervailing Duty Investigation of Certain New
People’s Republic of China (PRC). However, on Pneumatic Off-The-Road Tires from Sri Lanka,’’
March 1, 2016, the U.S. International Trade dated concurrently with this notice (Preliminary
Commission (ITC) found that imports of off road Decision Memorandum).
tires from the PRC were negligible and terminated 6 See sections 771(5)(B) and (D) of the Act
the PRC AD and CVD investigations. See Certain regarding financial contribution; section 771(5)(E)
New Pneumatic Off-the-Road-Tires From China, of the Act regarding benefit; and section 771(5A) of
India, and Sri Lanka, 81 FR 10663 (March 1, 2016). the Act regarding specificity.
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Dated: June 13, 2016. numerical size designations listed in the suffix is intended to differentiate among
Paul Piquado, following sections of the Tire and Rim tires for light trucks, and other vehicles or
Assistant Secretary for Enforcement and Association Year Book, as updated annually, other services, which use a similar
Compliance. unless the tire falls within one of the specific designation.
exclusions set forth below. The sections of
Example: 8R17.5 LT, 8R17.5 HC;
Appendix I—Scope of the Investigation the Tire and Rim Association Year Book
listing numerical size designations of covered LT—Identifies light truck tires for service on
The scope of this investigation is certain trucks, buses, trailers, and multipurpose
certain off road tires include:
new pneumatic off-the-road tires (certain off
The table of mining and logging tires passenger vehicles used in nominal
road tires). Certain off road tires are tires with
included in the section on Truck-Bus tires; highway service;
an off road tire size designation. The tires
The entire section on Off-the-Road tires; ST—Special tires for trailers in highway
included in the scope may be either tube-
The entire section on Agricultural tires; service; and
type 15 or tubeless, radial, or non-radial,
and M/C—Identifies tires and rims for
regardless of whether for original equipment
The following tables in the section on
manufacturers or the replacement market. motorcycles.
Industrial/ATV/Special Trailer tires:
Subject tires may have the following prefix
• Industrial, Mining, Counterbalanced Lift The following types of tires are also
or suffix designation, which appears on the excluded from the scope: Pneumatic tires
Truck (Smooth Floors Only);
sidewall of the tire:
• Industrial and Mining (Other than that are not new, including recycled or
Prefix designations:
Smooth Floors); retreaded tires and used tires; non-pneumatic
DH—Identifies a tire intended for agricultural • Construction Equipment; tires, including solid rubber tires; aircraft
and logging service which must be • Off-the-Road and Counterbalanced Lift
mounted on a DH drop center rim. tires; and turf, lawn and garden, and golf
Truck (Smooth Floors Only); tires. Also excluded from the scope are
VA—Identifies a tire intended for agricultural • Aerial Lift and Mobile Crane; and
and logging service which must be mining and construction tires that have a rim
• Utility Vehicle and Lawn and Garden
mounted on a VA multipiece rim. diameter equal to or exceeding 39 inches.
Tractor.
IF—Identifies an agricultural tire to operate Such tires may be distinguished from other
Certain off road tires, whether or not
at 20 percent higher rated load than mounted on wheels or rims, are included in tires of similar size by the number of plies
standard metric tires at the same inflation that the construction and mining tires
the scope. However, if a subject tire is
pressure. contain (minimum of 16) and the weight of
imported mounted on a wheel or rim, only
VF—Identifies an agricultural tire to operate such tires (minimum 1500 pounds).
the tire is covered by the scope. Subject
at 40 percent higher rated load than
merchandise includes certain off road tires The subject merchandise is currently
standard metric tires at the same inflation
produced in the subject countries whether classifiable under Harmonized Tariff
pressure.
mounted on wheels or rims in a subject Schedule of the United States (HTSUS)
Suffix designations: country or in a third country. Certain off road subheadings: 4011.20.1025, 4011.20.1035,
ML—Mining and logging tires used in tires are covered whether or not they are 4011.20.5030, 4011.20.5050, 4011.61.0000,
intermittent highway service. accompanied by other parts, e.g., a wheel, 4011.62.0000, 4011.63.0000, 4011.69.0050,
DT—Tires primarily designed for sand and rim, axle parts, bolts, nuts, etc. Certain off
paver service. 4011.92.0000, 4011.93.4000, 4011.93.8000,
road tires that enter attached to a vehicle are
NHS—Not for Highway Service. 4011.94.4000, 4011.94.8000, 8431.49.9038,
not covered by the scope.
TG—Tractor Grader, off-the-road tire for use Specifically excluded from the scope are 8431.49.9090, 8709.90.0020, and
on rims having bead seats with nominal passenger vehicle and light truck tires, racing 8716.90.1020. Tires meeting the scope
+0.188″ diameter (not for highway service). tires, mobile home tires, motorcycle tires, all- description may also enter under the
K—Compactor tire for use on 5° drop center terrain vehicle tires, bicycle tires, on-road or following HTSUS subheadings:
or semi-drop center rims having bead seats on-highway trailer tires, and truck and bus 4011.99.4550, 4011.99.8550, 8424.90.9080,
with nominal minus 0.032 diameter. tires. Such tires generally have in common 8431.20.0000, 8431.39.0010, 8431.49.1090,
IND—Drive wheel tractor tire used in that the symbol ‘‘DOT’’ must appear on the 8431.49.9030, 8432.90.0005, 8432.90.0015,
industrial service. sidewall, certifying that the tire conforms to 8432.90.0030, 8432.90.0080, 8433.90.5010,
SL—Service limited to agricultural usage. applicable motor vehicle safety standards. 8503.00.9560, 8708.70.0500, 8708.70.2500,
FI—Implement tire for agricultural towed Such excluded tires may also have the 8708.70.4530, 8716.90.5035 and
highway service. following prefixes and suffixes included as
CFO—Cyclic Field Operation. 8716.90.5055. While HTSUS subheadings are
part of the size designation on their
SS—Differentiates tires for off-highway sidewalls: provided for convenience and customs
vehicles such as mini and skid-steer Prefix letter designations: purposes, the written description of the
loaders from other tires which use similar subject merchandise is dispositive.
AT—Identifies a tire intended for service on
size designations such as 7.00–15TR and All-Terrain Vehicles;
7.00–15NHS, but may use different rim Appendix II—List of Topics Discussed
P—Identifies a tire intended primarily for in the Preliminary Decision
bead seat configurations. service on passenger cars;
All tires marked with any of the prefixes
Memorandum
LT—Identifies a tire intended primarily for
or suffixes listed above in their sidewall service on light trucks; I. Summary
markings are covered by the scope regardless T—Identifies a tire intended for one-position II. Background
of their intended use. ‘‘temporary use’’ as a spare only; and III. Scope Comments
In addition, all tires that lack any of the ST—Identifies a special tire for trailers in IV. Scope of the Investigation
prefixes or suffixes listed above in their highway service. V. Critical Circumstances
sidewall markings are included in the scope,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Suffix letter designations: VI. Injury Test
regardless of their intended use, as long as
TR—Identifies a tire for service on trucks, VII. Subsidies Valuation
the tire is of a size that is among the
buses, and other vehicles with rims having VIII. Analysis of Programs
15 While tube-type tires are subject to the scope
specified rim diameter of nominal plus IX. ITC Notification
of this proceeding, tubes and flaps are not subject
0.156″ or plus 0.250″; X. Verification
merchandise and therefore are not covered by the MH—Identifies tires for Mobile Homes;
XI. Conclusion
scope of this proceeding, regardless of the manner HC—Identifies a heavy duty tire designated
for use on ‘‘HC’’ 15″ tapered rims used on [FR Doc. 2016–14538 Filed 6–17–16; 8:45 am]
in which they are sold (e.g., sold with or separately
from subject merchandise). trucks, buses, and other vehicles. This BILLING CODE 3510–DS–P
VerDate Sep<11>2014 17:05 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1](https://thefederalregister.org/doc/81_FR_40018/page/3.svg)
Document Created: 2016-06-18 00:09:29
Document Modified: 2016-06-18 00:09:29
| 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 | |
| Contact | Elizabeth Eastwood, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3874. | |
| FR Citation | 81 FR 39900 |
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