81 FR 39903 - Certain New Pneumatic Off-the-Road Tires From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, 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 | 39903-39905 | |
| FR Document | 2016-14537 |
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)] [Notices] [Pages 39903-39905] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14537] [[Page 39903]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-870] Certain New Pneumatic Off-the-Road Tires From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, 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 India. 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: Spencer Toubia, 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) 482-0123. Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination On the same day the Department initiated this CVD investigation, the Department also initiated an AD investigation of off road tires from India and a CVD investigation of off road tires from Sri Lanka.1 2 This CVD, the India AD, and the Sri Lanka CVD investigations cover the same 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). See also 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). \2\ 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 \3\ requested alignment of the final CVD determinations of off road tires from India and 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 determinations with the final India AD determination. Consequently, the final CVD determinations will be issued on the same date as the final India AD determination, which is currently scheduled to be issued no later than October 25, 2016. --------------------------------------------------------------------------- \3\ 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.\4\ --------------------------------------------------------------------------- \4\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding ``Certain New Pneumatic Off-the-Road Tires from India: Preliminary Affirmative Countervailing Duty Determination Decision Memorandum,'' 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.\5\ For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \5\ 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 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 Determination of Critical Circumstances, in Part In accordance with section 703(e)(1) of the Act, we preliminarily find that critical circumstances exist with respect to imports of off road tires from India for all other exporters or producers not individually examined. A discussion of our determination can be found in the Preliminary Decision Memorandum. Preliminary Determination and Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for each individually-investigated producer/ exporter of the subject merchandise. We preliminarily determine that countervailable subsidies are being provided with respect to the manufacture, production, or exportation of the subject merchandise. In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for companies not individually examined, we apply an ``all-others'' rate, which is normally calculated by weighting the subsidy rates of the individual companies as 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 entirely on facts otherwise available pursuant to section 776 of the Act. Neither of the mandatory respondents' rates in this preliminary determination were zero or de minimis or based entirely on facts otherwise available. Accordingly, in this preliminary determination, we have calculated the ``all-others'' rate by weight averaging the calculated subsidy rates of the two individually investigated respondents. In order to ensure that business proprietary information is not disclosed through the all-others rate, we have used the respondent's publicly-ranged sales data for exports of subject merchandise to the United States.\6\ --------------------------------------------------------------------------- \6\ See Preliminary Decision Memorandum at ``CALCULATION OF THE ALL-OTHERS RATE'' (for further explanation of the business propretiary information concerns); see also Memorandum to the File, ``Countervailing Duty Investigation of Certain New Pneumatic Off- the-Road Tires from India: Preliminary Determination Margin Calculation for All-Others,'' dated concurrently with this memorandum. --------------------------------------------------------------------------- [[Page 39904]] We preliminarily determine the countervailable subsidy rates to be: ------------------------------------------------------------------------ Subsidy Company rate (percent) ------------------------------------------------------------------------ ATC Tires Private Limited................................... 7.64 Balkrishna Industries Limited \7\........................... 4.70 All-Others.................................................. 6.17 ------------------------------------------------------------------------ In accordance with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of off road tires from India that are entered, or withdrawn from warehouse, for consumption on or after the date of 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. Moreover, because we preliminarily find critical circumstances exist with respect to all other exporters or producers not individually examined, in accordance with section 703(e)(2)(A) of the Act, we are directing CBP to apply the suspension of liquidation to any unliquidated entries entered, or withdrawn from warehouse for consumption by these companies, on or after the date which is 90 days prior to the date of publication of this notice in the Federal Register. --------------------------------------------------------------------------- \7\ The Department selected as its mandatory respondents in this investigation ATC Tires Private Limited and Balkrishna Industries Limited. See Department Memorandum, ``Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires from India: Respondent Selection,'' dated February 24, 2016 (Respondent Selection Memorandum). On April 8, 2016, TVS Srichakra Ltd. (TVS) submitted voluntary responses to our Initial Questionnaire. See Letter from TVS, ``Countervailing Duty Investigation on Imports of Certain New Pneumatic Off-the-Road Tires from India -Questionnaire Response,'' dated April 8, 2016. On May 4, 2016, we determined that we did not have the resources to select to select TVS as a voluntary respondent because to do so would be unduly burdensome and would inhibit the timely completion of this investigation. Therefore, we have not analyzed any voluntary responses. See Department Memorandum, ``Countervailing Duty Investigation of Certain New Pneumatic Off-the- Road Tires from India: Selection of an Additional Respondent,'' dated May 4, 2016. --------------------------------------------------------------------------- Verification As provided in section 782(i)(1) of the Act, we intend to verify the information submitted by the respondents 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 calculations performed for this preliminary determination to the parties within five days of the date of public announcement of this determination in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\8\ A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department, pursuant to 19 CFR 351.309(c)(2) and (d)(2). This summary should be limited to five pages total, including footnotes. --------------------------------------------------------------------------- \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An electronically-filed request must be received successfully, and in its entirety, by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice. 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 specific location to be determined. Parties will be notified of the date, time, and location of any hearing. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). 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 \9\ or tubeless, radial, or non- radial, regardless of whether for original equipment manufacturers or the replacement market. --------------------------------------------------------------------------- \9\ 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. [[Page 39905]] 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. Loan Benchmark and Interest Rates IX. Analysis of Programs X. Calculation of All-Others Rate XI. ITC Notification XII. Disclosure and Public Comment XIII. Conclusion [FR Doc. 2016-14537 Filed 6-17-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices 39903
DEPARTMENT OF COMMERCE 1930, as amended (Act), Petitioners 3 Records Unit, Room B8024 of the main
requested alignment of the final CVD Department of Commerce building. In
International Trade Administration determinations of off road tires from addition, a complete version of the
India and Sri Lanka with the final AD Preliminary Decision Memorandum can
[C–533–870]
determination of off road tires from be accessed directly at http://
Certain New Pneumatic Off-the-Road India. Therefore, in accordance with enforcement.trade.gov/frn/. The signed
Tires From India: Preliminary section 705(a)(1) of the Act and 19 CFR Preliminary Decision Memorandum and
Affirmative Countervailing Duty 351.210(b)(4), we are aligning the final the electronic version of the Preliminary
Determination, Preliminary Affirmative CVD determinations with the final India Decision Memorandum are identical in
Critical Circumstances Determination, AD determination. Consequently, the content.
in Part, and Alignment of Final final CVD determinations will be issued Preliminary Determination of Critical
Determination With Final Antidumping on the same date as the final India AD Circumstances, in Part
Determination determination, which is currently
scheduled to be issued no later than In accordance with section 703(e)(1)
AGENCY: Enforcement and Compliance, October 25, 2016. of the Act, we preliminarily find that
International Trade Administration, critical circumstances exist with respect
Department of Commerce. Scope of the Investigation to imports of off road tires from India for
SUMMARY: The Department of Commerce The scope of the investigation covers all other exporters or producers not
(the Department) preliminarily off road tires, which are tires with an off individually examined. A discussion of
determines that countervailable road tire size designation. For a our determination can be found in the
subsidies are being provided to complete description of the scope of the Preliminary Decision Memorandum.
producers and exporters of certain new investigation, see Appendix I. Preliminary Determination and
pneumatic off-the-road tires (off road Scope Comments Suspension of Liquidation
tires) from India. The period of In accordance with section
investigation is January 1, 2015, through Certain interested parties commented
on the scope of the investigation as it 703(d)(1)(A)(i) of the Act, we calculated
December 31, 2015. Interested parties a CVD rate for each individually-
are invited to comment on this appeared in the Initiation Notice. For
discussion of those comments, see the investigated producer/exporter of the
preliminary determination. subject merchandise. We preliminarily
Preliminary Decision Memorandum.4
DATES: Effective Date: June 20, 2016. determine that countervailable subsidies
FOR FURTHER INFORMATION CONTACT: Methodology are being provided with respect to the
Spencer Toubia, AD/CVD Operations, The Department is conducting this manufacture, production, or exportation
Enforcement and Compliance, CVD investigation in accordance with of the subject merchandise. In
International Trade Administration, section 701 of the Act. For each of the accordance with sections 703(d) and
U.S. Department of Commerce, 14th subsidy programs found 705(c)(5)(A) of the Act, for companies
Street and Constitution Avenue NW., countervailable, we preliminarily not individually examined, we apply an
Washington, DC 20230; telephone: determine that there is a subsidy (i.e., a ‘‘all-others’’ rate, which is normally
(202) 482–0123. financial contribution by an ‘‘authority’’ calculated by weighting the subsidy
that gives rise to a benefit to the rates of the individual companies as
Alignment of Final Countervailing Duty
recipient) and that the subsidy is respondents by those companies’
(CVD) Determination With Final
specific.5 For a full description of the exports of the subject merchandise to
Antidumping Duty (AD) Determination
methodology underlying our the United States. Under section
On the same day the Department preliminary conclusions, see the 705(c)(5)(A)(i) of the Act, the all-others
initiated this CVD investigation, the Preliminary Decision Memorandum. rate should exclude zero and de
Department also initiated an AD The Preliminary Decision minimis rates or any rates based entirely
investigation of off road tires from India Memorandum is a public document and on facts otherwise available pursuant to
and a CVD investigation of off road tires is on file electronically via Enforcement section 776 of the Act. Neither of the
from Sri Lanka.1 2 This CVD, the India and Compliance’s Antidumping and mandatory respondents’ rates in this
AD, and the Sri Lanka CVD Countervailing Duty Centralized preliminary determination were zero or
investigations cover the same Electronic Service System (ACCESS). de minimis or based entirely on facts
merchandise. ACCESS is available to registered users otherwise available. Accordingly, in this
On May 11, 2016, in accordance with at http://access.trade.gov, and is preliminary determination, we have
section 705(a)(1) of the Tariff Act of available to all parties in the Central calculated the ‘‘all-others’’ rate by
weight averaging the calculated subsidy
1 See Certain New Pneumatic Off-the-Road Tires 3 Petitioners in this investigation are Titan Tire
rates of the two individually
From India, the People’s Republic of China, and Sri Corporation and the United Steel, Paper and investigated respondents. In order to
Lanka: Initiation of Countervailing Duty Forestry, Rubber, Manufacturing, Energy, Allied
Investigations, 81 FR 7067 (February 10, 2016) Industrial and Service Workers International Union, ensure that business proprietary
(Initiation Notice). See also Certain New Pneumatic AFL–CIO, CLC. information is not disclosed through the
Off-the-Road Tires From India and the People’s 4 See Memorandum from Christian Marsh, Deputy all-others rate, we have used the
Republic of China: Initiation of Less Than-Fair- Assistant Secretary for Antidumping and respondent’s publicly-ranged sales data
Value Investigations, 81 FR 7073 (February 10, Countervailing Duty Operations, to Paul Piquado,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
2016). Assistant Secretary for Enforcement and
for exports of subject merchandise to the
2 At this time, the Department also initiated AD Compliance, regarding ‘‘Certain New Pneumatic United States.6
and CVD investigations of off road tires from the Off-the-Road Tires from India: Preliminary
People’s Republic of China (PRC). However, on Affirmative Countervailing Duty Determination 6 See Preliminary Decision Memorandum at
March 1, 2016, the U.S. International Trade Decision Memorandum,’’ dated concurrently with ‘‘CALCULATION OF THE ALL-OTHERS RATE’’
Commission (ITC) found that imports of off road this notice (Preliminary Decision Memorandum). (for further explanation of the business propretiary
tires from the PRC were negligible and terminated 5 See sections 771(5)(B) and (D) of the Act information concerns); see also Memorandum to the
the PRC AD and CVD investigations. See Certain regarding financial contribution; section 771(5)(E) File, ‘‘Countervailing Duty Investigation of Certain
New Pneumatic Off-the-Road-Tires From China, of the Act regarding benefit; and section 771(5A) of New Pneumatic Off-the-Road Tires from India:
India, and Sri Lanka, 81 FR 10663 (March 1, 2016). the Act regarding specificity. Continued
VerDate Sep<11>2014 17:05 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1](https://thefederalregister.org/doc/81_FR_40021/page/1.svg)
![Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices 39905
In addition, all tires that lack any of the trucks, buses, and other vehicles. This DEPARTMENT OF COMMERCE
prefixes or suffixes listed above in their suffix is intended to differentiate among
sidewall markings are included in the scope, tires for light trucks, and other vehicles or International Trade Administration
regardless of their intended use, as long as other services, which use a similar
the tire is of a size that is among the [A–570–979]
designation.
numerical size designations listed in the
following sections of the Tire and Rim Example: 8R17.5 LT, 8R17.5 HC; Crystalline Silicon Photovoltaic Cells,
Association Year Book, as updated annually, LT—Identifies light truck tires for service on Whether or Not Assembled Into
unless the tire falls within one of the specific trucks, buses, trailers, and multipurpose Modules, From the People’s Republic
exclusions set forth below. The sections of passenger vehicles used in nominal of China: Final Results of Antidumping
the Tire and Rim Association Year Book highway service; Duty Administrative Review and Final
listing numerical size designations of covered ST—Special tires for trailers in highway Determination of No Shipments; 2013–
certain off road tires include:
service; and 2014
The table of mining and logging tires
included in the section on Truck-Bus tires; M/C—Identifies tires and rims for
motorcycles. AGENCY: Enforcement and Compliance,
The entire section on Off-the-Road tires; International Trade Administration,
The entire section on Agricultural tires; The following types of tires are also
and
Department of Commerce.
excluded from the scope: Pneumatic tires
The following tables in the section on that are not new, including recycled or SUMMARY: On December 28, 2015, the
Industrial/ATV/Special Trailer tires: retreaded tires and used tires; non-pneumatic Department of Commerce (the
• Industrial, Mining, Counterbalanced Lift tires, including solid rubber tires; aircraft ‘‘Department’’) published its
Truck (Smooth Floors Only); tires; and turf, lawn and garden, and golf preliminary results in the 2013–2014
• Industrial and Mining (Other than administrative review of the
tires. Also excluded from the scope are
Smooth Floors); antidumping duty order on crystalline
• Construction Equipment; mining and construction tires that have a rim
• Off-the-Road and Counterbalanced Lift diameter equal to or exceeding 39 inches. silicon photovoltaic cells, whether or
Truck (Smooth Floors Only); Such tires may be distinguished from other not assembled into modules (‘‘solar
• Aerial Lift and Mobile Crane; and tires of similar size by the number of plies cells’’), from the People’s Republic of
• Utility Vehicle and Lawn and Garden that the construction and mining tires China (‘‘PRC’’).1 The period of review
Tractor. contain (minimum of 16) and the weight of (‘‘POR’’) is December 1, 2013, through
Certain off road tires, whether or not such tires (minimum 1500 pounds). November 30, 2014. This administrative
mounted on wheels or rims, are included in The subject merchandise is currently review covers two mandatory
the scope. However, if a subject tire is classifiable under Harmonized Tariff respondents: (1) The collapsed entity
imported mounted on a wheel or rim, only Schedule of the United States (HTSUS)
the tire is covered by the scope. Subject
Yingli 2 and (2) the collapsed entity
subheadings: 4011.20.1025, 4011.20.1035, Trina.3 Based on our analysis of the
merchandise includes certain off road tires
produced in the subject countries whether 4011.20.5030, 4011.20.5050, 4011.61.0000,
mounted on wheels or rims in a subject 4011.62.0000, 4011.63.0000, 4011.69.0050, 1 See Crystalline Silicon Photovoltaic Cells,
country or in a third country. Certain off road 4011.92.0000, 4011.93.4000, 4011.93.8000, Whether or Not Assembled Into Modules, From the
4011.94.4000, 4011.94.8000, 8431.49.9038, People’s Republic of China: Preliminary Results of
tires are covered whether or not they are
Antidumping Duty Administrative Review and
accompanied by other parts, e.g., a wheel, 8431.49.9090, 8709.90.0020, and
Preliminary Determination of No Shipments; 2013–
rim, axle parts, bolts, nuts, etc. Certain off 8716.90.1020. Tires meeting the scope 2014, 80 FR 80746 (December 28, 2015)
road tires that enter attached to a vehicle are description may also enter under the (‘‘Preliminary Results’’), and accompanying
not covered by the scope. following HTSUS subheadings: Preliminary Decision Memorandum (‘‘PDM’’).
Specifically excluded from the scope are 4011.99.4550, 4011.99.8550, 8424.90.9080, 2 In these final results of review, the Department
passenger vehicle and light truck tires, racing 8431.20.0000, 8431.39.0010, 8431.49.1090, has continued to treat the mandatory respondent
tires, mobile home tires, motorcycle tires, all- Yingli Energy (China) Company Limited and the
8431.49.9030, 8432.90.0005, 8432.90.0015, following eight companies as a single entity: (1)
terrain vehicle tires, bicycle tires, on-road or
on-highway trailer tires, and truck and bus 8432.90.0030, 8432.90.0080, 8433.90.5010, Baoding Tianwei Yingli New Energy Resources Co.,
tires. Such tires generally have in common 8503.00.9560, 8708.70.0500, 8708.70.2500, Ltd.; (2) Tianjin Yingli New Energy Resources Co.,
8708.70.4530, 8716.90.5035 and Ltd.; (3) Hengshui Yingli New Energy Resources
that the symbol ‘‘DOT’’ must appear on the Co., Ltd.; (4) Lixian Yingli New Energy Resources
sidewall, certifying that the tire conforms to 8716.90.5055. While HTSUS subheadings are
Co., Ltd.; (5) Baoding Jiasheng Photovoltaic
applicable motor vehicle safety standards. provided for convenience and customs Technology Co., Ltd.; (6) Beijing Tianneng Yingli
Such excluded tires may also have the purposes, the written description of the New Energy Resources Co., Ltd.; (7) Hainan Yingli
following prefixes and suffixes included as subject merchandise is dispositive. New Energy Resources Co., Ltd.; (8) Shenzhen
part of the size designation on their Yingli New Energy Resources Co., Ltd. (collectively
sidewalls: Appendix II ‘‘Yingli’’). See Preliminary Results, 80 FR at 80746,
Prefix letter designations: and PDM at 6–8; see also the December 18, 2015
List of Topics Discussed in the Preliminary memorandum from Jeff Pedersen International
AT—Identifies a tire intended for service on Decision Memorandum Trade Analyst, AD/CVD Operations, Office IV to
All-Terrain Vehicles; Abdelali Elouaradia Director AD/CVD Operations,
P—Identifies a tire intended primarily for I. Summary Office IV, concerning affiliation and single entity
service on passenger cars; II. Background status.
LT—Identifies a tire intended primarily for III. Scope Comments 3 In these final results of review, the Department
service on light trucks; IV. Scope of the Investigation has continued to treat the mandatory respondent
T—Identifies a tire intended for one-position V. Critical Circumstances Changzhou Trina Solar Energy Co., Ltd. and Trina
‘‘temporary use’’ as a spare only; and Solar (Changzhou) Science & Technology Co., Ltd.
VI. Injury Test and the following four companies as a single entity:
ST—Identifies a special tire for trailers in VII. Subsidies Valuation
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(1) Yancheng Trina Solar Energy Technology Co.,
highway service. VIII. Loan Benchmark and Interest Rates Ltd.; (2) Changzhou Trina Solar Yabang Energy Co.,
Suffix letter designations: IX. Analysis of Programs Ltd.; (3) Turpan Trina Solar Energy Co., Ltd.; (4)
TR—Identifies a tire for service on trucks, Hubei Trina Solar Energy Co., Ltd. (collectively
X. Calculation of All-Others Rate
buses, and other vehicles with rims having ‘‘Trina’’). See Preliminary Results, 80 FR at 80746,
XI. ITC Notification and PDM; see also the December 18, 2015
specified rim diameter of nominal plus XII. Disclosure and Public Comment memorandum from Thomas Martin International
0.156″ or plus 0.250″; XIII. Conclusion Trade Analyst, AD/CVD Operations, Office IV to
MH—Identifies tires for Mobile Homes; Abdelali Elouaradia Director AD/CVD Operations,
HC—Identifies a heavy duty tire designated [FR Doc. 2016–14537 Filed 6–17–16; 8:45 am]
Office IV concerning affiliation and single entity
for use on ‘‘HC’’ 15″ tapered rims used on BILLING CODE 3510–DS–P status.
VerDate Sep<11>2014 17:05 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1](https://thefederalregister.org/doc/81_FR_40021/page/3.svg)
Document Created: 2016-06-18 00:09:20
Document Modified: 2016-06-18 00:09:20
| 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 | Spencer Toubia, 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) 482-0123. | |
| FR Citation | 81 FR 39903 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR