81_FR_43705 81 FR 43577 - Truck and Bus Tires From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Determination

81 FR 43577 - Truck and Bus Tires From the People's Republic of China: 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 128 (July 5, 2016)

Page Range43577-43579
FR Document2016-15837

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of truck and bus tires from the People's Republic of China (PRC). The period of investigation is January 1, 2015, through December 31, 2015. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 81 Issue 128 (Tuesday, July 5, 2016)
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43577-43579]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15837]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-041]


Truck and Bus Tires From the People's Republic of China: 
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 truck and bus tires from the People's 
Republic of China (PRC). 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: July 5, 2016.

FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Mark Kennedy, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2778 or (202) 482-7883, 
respectively.

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 truck and bus 
tires from the PRC.\1\ This CVD investigation and the companion AD 
investigation cover the same merchandise.
---------------------------------------------------------------------------

    \1\ See Truck and Bus Tires from the People's Republic of China: 
Initiation of Countervailing Duty Investigation, 81 FR 9428 
(February 25, 2016) (Initiation Notice). See also Truck and Bus 
Tires from the People's Republic of China: Initiation of Antidumping 
Duty Investigation, 81 FR 9434 (February 25, 2016).
---------------------------------------------------------------------------

    On June 15, 2016, in accordance with section 705(a)(1) of the 
Tariff Act of 1930, as amended (Act), the petitioner \2\ requested 
alignment of the final CVD determination of truck and bus tires from 
the PRC with the final AD determination of truck and bus tires tires 
from the PRC. Therefore, in accordance with section 705(a)(1) of the

[[Page 43578]]

Act and 19 CFR 351.210(b)(4), we are aligning the final CVD 
determination with the final PRC AD determination. Consequently, the 
final CVD determination will be issued on the same date as the PRC AD 
determination, which is currently scheduled to be issued no later than 
November 9, 2016.
---------------------------------------------------------------------------

    \2\ The petitioner in this investigation is the United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers International Union, AFL-CIO, CLC (the ``USW'').
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is truck and bus tires 
from the PRC. For a full 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.\3\
---------------------------------------------------------------------------

    \3\ 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 Preliminary Affirmative 
Determination: Countervailing Duty Investigation of Truck and Bus 
Tires from the People's Republic of China; and the Preliminary 
Affirmative Determination of Critical Circummstances, in Part'' 
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.\4\ For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

    In making this preliminary determination, the Department relied, in 
part, on facts otherwise available, with the application of adverse 
inferences.\5\ For further information, see ``Use of Facts Otherwise 
Available and Application of Adverse Inferences'' in the accompanying 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See section 776(a) of the Act.
---------------------------------------------------------------------------

    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 truck 
and bus tires from the PRC for mandatory respondent Guizhou Tyre Co., 
Ltd. (GTC) and its cross-owned trading company, Guizhou Tyre Import and 
Export Co., Ltd. (GTCIE). 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. In order to ensure that business 
proprietary information is not disclosed, we have calculated the all-
others rate as a simple average of the countervailable subsidy rates 
found for the two mandatory repsondents.\6\
---------------------------------------------------------------------------

    \6\ See Preliminary Decision Memorandum at ``CALCULATION OF THE 
ALL-OTHERS RATE'' (for further explanation of the business 
propretiary information concerns).
---------------------------------------------------------------------------

    We preliminarily determine the countervailable subsidy rates to be:

 
------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Double Coin Holdings Ltd.; Double Coin Group (Jiangsu)             17.06
 Tyre Co., Ltd.; Double Coin Group (Chongqing) Tyre Co.,
 Ltd.; Double Coin Group Shanghai Donghai Tyre Co. Ltd.;
 Double Coin Group (Xinjiang) Kunlun Tyre Co., Ltd......
Guizhou Tyre Import and Export Co., Ltd.; Guizhou Tyre             23.38
 Co., Ltd...............................................
All-Others..............................................           20.22
------------------------------------------------------------------------

    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 truck and bus tires from the PRC 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. Section 703(e)(2) of the Act provides that, given an 
affirmative determination of critical circumstances, any suspension of 
liquidation shall apply to unliquidated entries of merchandise entered, 
or withdrawn from warehouse, for consumption on or after the later of: 
(a) The date which is 90 days before the date on which the suspension 
of liquidation was first ordered; or (b) the date on which notice of 
initiation of the investigation was published. We preliminarily found 
that critical circumstances exist for GTC and GTCIE. Therefore, 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 form warehouse for consumption by GTC and GTCIE, 
on or after the date that is 90

[[Page 43579]]

days prioir to the publication of this notice in the Federal Register.

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.\7\ 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.
---------------------------------------------------------------------------

    \7\ 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, 1401 
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 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of the investigation covers truck and bus tires. Truck 
and bus tires are new pneumatic tires, of rubber, with a truck or 
bus size designation. Truck and bus tires covered by this 
investigation may be tube-type, tubeless, radial, or non-radial.
    Subject tires have, at the time of importation, the symbol 
``DOT'' on the sidewall, certifying that the tire conforms to 
applicable motor vehicle safety standards. Subject tires may also 
have one of the following suffixes in their tire size designation, 
which also appear on the sidewall of the tire:
    TR--Identifies tires for service on trucks or buses to 
differentiate them from similarly sized passenger car and light 
truck tires;
    MH--Identifies tires for mobile homes; and
    HC--Identifies a 17.5 inch rim diameter code for use on low 
platform trailers.
    All tires with a ``TR,'' ``MH,'' or ``HC'' suffix in their size 
designations are covered by this investigation regardless of their 
intended use.
    In addition, all tires that lack one of the above suffix 
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 ``Truck-Bus'' section of the Tire 
and Rim Association Year Book, as updated annually, unless the tire 
falls within one of the specific exclusions set out below.
    Truck and bus 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 truck and bus tires produced in the 
subject country whether mounted on wheels or rims in the subject 
country or in a third country. Truck and bus tires are covered 
whether or not they are accompanied by other parts, e.g., a wheel, 
rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter 
attached to a vehicle are not covered by the scope.
    Specifically excluded from the scope of this investigation are 
the following types of tires: (1) Pneumatic tires, of rubber, that 
are not new, including recycled and retreaded tires; and (2) non-
pneumatic tires, such as solid rubber tires.
    The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
4011.20.1015 and 4011.20.5020. Tires meeting the scope description 
may also enter under the following HTSUS subheadings: 4011.99.4520, 
4011.99.4590, 4011.99.8520, 4011.99.8590, 8708.70.4530, 
8708.70.6030, and 8708.70.6060. While HTSUS subheadings are provided 
for convenience and for 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. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VIII. Application of the Countervailing Duty Law to Imports From the 
PRC
IX. Subsidies Valuation
X. Interest Rate Benchmarks, Discount Rates, Input and Land 
Benchmarks
XI. Analysis of Programs
XII. Calculation of All-Others Rate
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion

[FR Doc. 2016-15837 Filed 7-1-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices                                                      43577

                                                imagery (around the time of the 2010                     Census Bureau expects that they would                 DEPARTMENT OF COMMERCE
                                                Census Address Canvassing).                              make contact with residents (i.e.,
                                                  Results from IR inform the Active                      someone is at home) approximately 25                  International Trade Administration
                                                Block Resolution (ABR) process, which                    percent of the time. Please note, the                 [C–570–041]
                                                seeks to research and update areas                       Address Canvassing Testing FRN
                                                identified with growth, decline,                         incorrectly stated that the Census                    Truck and Bus Tires From the People’s
                                                undercoverage of addresses, or                           Bureau expects the listers would make                 Republic of China: Preliminary
                                                overcoverage of addresses from the                       contact with residents 50 percent of the              Affirmative Countervailing Duty
                                                comparison of the two different vintages                 time.                                                 Determination, Preliminary Affirmative
                                                of imagery and counts of addresses in                                                                          Critical Circumstances Determination,
                                                the MAF. In addition to using the                           The purpose of the Address
                                                                                                                                                               in Part, and Alignment of Final
                                                results from IR, the ABR process uses                    Canvassing Operation in the 2020
                                                                                                                                                               Determination With Final Antidumping
                                                other data sources to attempt to resolve                 Census is (1) to deliver a complete and               Determination
                                                the identified issues in the office rather               accurate address list and spatial
                                                than sending these areas to In-Field                     database for enumeration and                          AGENCY:   Enforcement and Compliance,
                                                Address Canvassing. The other data                       tabulation, and (2) to determine the type             International Trade Administration,
                                                sources include local Geographic                         and address characteristics for each                  Department of Commerce.
                                                Information Systems (GIS) viewers                        living quarter. A complete and accurate               SUMMARY: The Department of Commerce
                                                available online, parcel data from local                 address list and map is the cornerstone               (the Department) preliminarily
                                                governments, local files acquired                        of a successful census.                               determines that countervailable
                                                through the U.S. Census Bureau’s                                                                               subsidies are being provided to
                                                                                                            The Census Bureau needs to solidify                producers and exporters of truck and
                                                Geographic Support System (GSS)                          evidence showing whether the strategies
                                                program, and commercial data. Areas                                                                            bus tires from the People’s Republic of
                                                                                                         being tested can reduce the cost per                  China (PRC). The period of investigation
                                                not resolved in the office become the
                                                                                                         housing unit during a decennial census,               is January 1, 2015, through December
                                                universe of geographic areas for the In-
                                                                                                         while still providing high quality and                31, 2015. Interested parties are invited
                                                Field Address Canvassing.
                                                                                                         accurate census data. The results of this             to comment on this preliminary
                                                2020 Census Address Canvasing: In-                       Address Canvassing Test and the 2017                  determination.
                                                Field Address Canvassing                                 Puerto Rico Census Test will inform
                                                                                                                                                               DATES:   Effective Date: July 5, 2016.
                                                   In-Field Address Canvassing is the                    decisions that the Census Bureau will
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                process of having field staff visit                      make to refine the 2020 Census
                                                                                                         Operational Plan as well as the 2020                  Jennifer Shore or Mark Kennedy, AD/
                                                specific geographic areas to identify
                                                                                                                                                               CVD Operations, Enforcement and
                                                every place where people could live or                   Census Detailed Operational Plan for
                                                                                                                                                               Compliance, International Trade
                                                stay and compare what they see on the                    the Address Canvassing Operation. The
                                                                                                                                                               Administration, U.S. Department of
                                                ground to the existing census address                    results will also help guide the                      Commerce, 1401 Constitution Avenue
                                                list to either verify or correct the address             evaluation of additional 2020 Census                  NW., Washington, DC 20230; telephone:
                                                and location information. In general, the                test results later this decade.                       (202) 482–2778 or (202) 482–7883,
                                                field staff will:
                                                   • Receive assignments and prepare                        Affected Public: Households/                       respectively.
                                                for work.                                                Individuals.
                                                                                                                                                               Alignment of Final Countervailing Duty
                                                   • Locate and travel to an assignment.                    Frequency: One time.                               (CVD) Determination With Final
                                                   • Compare what is on the ground to                       Respondent’s Obligation: Mandatory.                Antidumping Duty (AD) Determination
                                                the Census Bureau address list and
                                                update it as necessary (add addresses,                      Legal Authority: Title 13 United States               On the same day the Department
                                                delete addresses, and correct addresses).                Code, Sections 141 and 193.                           initiated this CVD investigation, the
                                                   • Update the map as required (update                     This information collection request                Department also initiated an AD
                                                street names, add streets, and collect                                                                         investigation of truck and bus tires from
                                                                                                         may be viewed at www.reginfo.gov.
                                                GPS coordinates).                                                                                              the PRC.1 This CVD investigation and
                                                                                                         Follow the instructions to view
                                                   • Collect GQ information including                                                                          the companion AD investigation cover
                                                                                                         Department of Commerce collections                    the same merchandise.
                                                the GQ type for GQ addresses.                            currently under review by OMB.
                                                   • Mark the assignment as complete                                                                              On June 15, 2016, in accordance with
                                                and submit the results.                                     Written comments and                               section 705(a)(1) of the Tariff Act of
                                                   • Receive next assignment until no                    recommendations for the proposed                      1930, as amended (Act), the petitioner 2
                                                more assignments exist.                                  information collection should be sent                 requested alignment of the final CVD
                                                   Listers will knock on doors at every                  within 30 days of publication of this                 determination of truck and bus tires
                                                structure in an attempt to locate Living                 notice to OIRA_Submission@                            from the PRC with the final AD
                                                Quarters (LQs). If someone answers, the                  omb.eop.gov or fax to (202)395–5806.                  determination of truck and bus tires
                                                lister will provide a Confidentiality                                                                          tires from the PRC. Therefore, in
                                                                                                           Dated: June 28, 2016.
                                                Notice and ask about the address in                                                                            accordance with section 705(a)(1) of the
                                                order to verify or update the                            Glenna Mickelson,
                                                information, as appropriate. The listers                 Management Analyst, Office of the Chief                  1 See Truck and Bus Tires from the People’s

                                                will then ask if there are any additional                Information Officer.                                  Republic of China: Initiation of Countervailing Duty
sradovich on DSK3GDR082PROD with NOTICES




                                                                                                                                                               Investigation, 81 FR 9428 (February 25, 2016)
                                                LQs in the structure or on the property.                 [FR Doc. 2016–15742 Filed 7–1–16; 8:45 am]
                                                                                                                                                               (Initiation Notice). See also Truck and Bus Tires
                                                If there are additional LQs, the listers                 BILLING CODE 3510–07–P                                from the People’s Republic of China: Initiation of
                                                will collect/update that information, as                                                                       Antidumping Duty Investigation, 81 FR 9434
                                                appropriate. If listers do not find anyone                                                                     (February 25, 2016).
                                                                                                                                                                  2 The petitioner in this investigation is the United
                                                at home, they will update the address                                                                          Steel, Paper and Forestry, Rubber, Manufacturing,
                                                list by observation, as was done in the                                                                        Energy, Allied Industrial and Service Workers
                                                2010 Census Address Canvassing. The                                                                            International Union, AFL–CIO, CLC (the ‘‘USW’’).



                                           VerDate Sep<11>2014   17:27 Jul 01, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\05JYN1.SGM   05JYN1


                                                43578                                        Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices

                                                Act and 19 CFR 351.210(b)(4), we are                                        part, on facts otherwise available, with                                     determination can be found in the
                                                aligning the final CVD determination                                        the application of adverse inferences.5                                      Preliminary Decision Memorandum.
                                                with the final PRC AD determination.                                        For further information, see ‘‘Use of
                                                                                                                                                                                                         Preliminary Determination and
                                                Consequently, the final CVD                                                 Facts Otherwise Available and
                                                                                                                                                                                                         Suspension of Liquidation
                                                determination will be issued on the                                         Application of Adverse Inferences’’ in
                                                same date as the PRC AD determination,                                      the accompanying Preliminary Decision                                           In accordance with section
                                                which is currently scheduled to be                                          Memorandum.                                                                  703(d)(1)(A)(i) of the Act, we calculated
                                                issued no later than November 9, 2016.                                                                                                                   a CVD rate for each individually-
                                                                                                                               The Preliminary Decision
                                                                                                                                                                                                         investigated producer/exporter of the
                                                Scope of the Investigation                                                  Memorandum is a public document and
                                                                                                                                                                                                         subject merchandise. We preliminarily
                                                                                                                            is on file electronically via Enforcement
                                                   The product covered by this                                                                                                                           determine that countervailable subsidies
                                                                                                                            and Compliance’s Antidumping and
                                                investigation is truck and bus tires from                                                                                                                are being provided with respect to the
                                                                                                                            Countervailing Duty Centralized
                                                the PRC. For a full description of the                                                                                                                   manufacture, production, or exportation
                                                                                                                            Electronic Service System (ACCESS).
                                                scope of the investigation, see Appendix                                                                                                                 of the subject merchandise. In
                                                                                                                            ACCESS is available to registered users
                                                I.                                                                                                                                                       accordance with sections 703(d) and
                                                                                                                            at http://access.trade.gov, and is                                           705(c)(5)(A) of the Act, for companies
                                                Scope Comments                                                              available to all parties in the Central                                      not individually examined, we apply an
                                                  Certain interested parties commented                                      Records Unit, room B8024 of the main                                         ‘‘all-others’’ rate, which is normally
                                                on the scope of the investigation as it                                     Department of Commerce building. In                                          calculated by weighting the subsidy
                                                appeared in the Initiation Notice. For                                      addition, a complete version of the                                          rates of the individual companies as
                                                discussion of those comments, see the                                       Preliminary Decision Memorandum can                                          respondents by those companies’
                                                Preliminary Decision Memorandum.3                                           be accessed directly at http://                                              exports of the subject merchandise to
                                                                                                                            enforcement.trade.gov/frn/. The signed                                       the United States. Under section
                                                Methodology                                                                 Preliminary Decision Memorandum and                                          705(c)(5)(A)(i) of the Act, the all-others
                                                   The Department is conducting this                                        the electronic version of the Preliminary                                    rate should exclude zero and de
                                                CVD investigation in accordance with                                        Decision Memorandum are identical in                                         minimis rates or any rates based entirely
                                                section 701 of the Act. For each of the                                     content.                                                                     on facts otherwise available pursuant to
                                                subsidy programs found                                                      Preliminary Determination of Critical                                        section 776 of the Act. Neither of the
                                                countervailable, we preliminarily                                           Circumstances, in Part                                                       mandatory respondents’ rates in this
                                                determine that there is a subsidy (i.e., a                                                                                                               preliminary determination were zero or
                                                financial contribution by an ‘‘authority’’                                    In accordance with section 703(e)(1)                                       de minimis or based entirely on facts
                                                that gives rise to a benefit to the                                         of the Act, we preliminarily find that                                       otherwise available. In order to ensure
                                                recipient) and that the subsidy is                                          critical circumstances exist with respect                                    that business proprietary information is
                                                specific.4 For a full description of the                                    to imports of truck and bus tires from                                       not disclosed, we have calculated the
                                                methodology underlying our                                                  the PRC for mandatory respondent                                             all-others rate as a simple average of the
                                                preliminary conclusions, see the                                            Guizhou Tyre Co., Ltd. (GTC) and its                                         countervailable subsidy rates found for
                                                Preliminary Decision Memorandum.                                            cross-owned trading company, Guizhou                                         the two mandatory repsondents.6
                                                   In making this preliminary                                               Tyre Import and Export Co., Ltd.                                                We preliminarily determine the
                                                determination, the Department relied, in                                    (GTCIE). A discussion of our                                                 countervailable subsidy rates to be:



                                                                                                                                                                                                                                                           Subsidy rate
                                                                                                                                            Company                                                                                                         (percent)

                                                Double Coin Holdings Ltd.; Double Coin Group (Jiangsu) Tyre Co., Ltd.; Double Coin Group (Chongqing) Tyre Co., Ltd.; Double
                                                   Coin Group Shanghai Donghai Tyre Co. Ltd.; Double Coin Group (Xinjiang) Kunlun Tyre Co., Ltd. ............................................                                                                     17.06
                                                Guizhou Tyre Import and Export Co., Ltd.; Guizhou Tyre Co., Ltd. ...................................................................................................                                              23.38
                                                All-Others .............................................................................................................................................................................................          20.22



                                                   In accordance with sections                                              indicated above. Section 703(e)(2) of the                                    of initiation of the investigation was
                                                703(d)(1)(B) and (2) of the Act, we are                                     Act provides that, given an affirmative                                      published. We preliminarily found that
                                                directing U.S. Customs and Border                                           determination of critical circumstances,                                     critical circumstances exist for GTC and
                                                Protection (CBP) to suspend liquidation                                     any suspension of liquidation shall                                          GTCIE. Therefore, in accordance with
                                                of all entries of truck and bus tires from                                  apply to unliquidated entries of                                             section 703(e)(2)(A) of the Act, we are
                                                the PRC that are entered, or withdrawn                                      merchandise entered, or withdrawn                                            directing CBP to apply the suspension
                                                from warehouse, for consumption on or                                       from warehouse, for consumption on or                                        of liquidation to any unliquidated
                                                after the date of the publication of this                                   after the later of: (a) The date which is                                    entries entered, or withdrawn form
                                                notice in the Federal Register, and to                                      90 days before the date on which the                                         warehouse for consumption by GTC and
                                                require a cash deposit for such entries                                     suspension of liquidation was first                                          GTCIE, on or after the date that is 90
                                                of merchandise in the amounts                                               ordered; or (b) the date on which notice
sradovich on DSK3GDR082PROD with NOTICES




                                                  3 See Memorandum from Christian Marsh, Deputy                             Tires from the People’s Republic of China; and the                           of the Act regarding benefit; and section 771(5A) of
                                                Assistant Secretary for Antidumping and                                     Preliminary Affirmative Determination of Critical                            the Act regarding specificity.
                                                Countervailing Duty Operations, to Paul Piquado,                            Circummstances, in Part’’ dated concurrently with                               5 See section 776(a) of the Act.

                                                Assistant Secretary for Enforcement and                                     this notice (Preliminary Decision Memorandum).                                  6 See Preliminary Decision Memorandum at

                                                Compliance, regarding ‘‘Decision Memorandum for                               4 See sections 771(5)(B) and (D) of the Act                                ‘‘CALCULATION OF THE ALL-OTHERS RATE’’
                                                the Preliminary Affirmative Determination:                                  regarding financial contribution; section 771(5)(E)                          (for further explanation of the business propretiary
                                                Countervailing Duty Investigation of Truck and Bus                                                                                                       information concerns).



                                           VerDate Sep<11>2014         17:27 Jul 01, 2016         Jkt 238001       PO 00000       Frm 00009        Fmt 4703       Sfmt 4703       E:\FR\FM\05JYN1.SGM              05JYN1


                                                                                 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices                                                 43579

                                                days prioir to the publication of this                   date of publication of this notice.                   tires that enter attached to a vehicle are not
                                                notice in the Federal Register.                          Requests should contain the party’s                   covered by the scope.
                                                                                                         name, address, and telephone number;                     Specifically excluded from the scope of
                                                Verification                                                                                                   this investigation are the following types of
                                                                                                         the number of participants; and a list of
                                                  As provided in section 782(i)(1) of the                                                                      tires: (1) Pneumatic tires, of rubber, that are
                                                                                                         the issues to be discussed. If a request              not new, including recycled and retreaded
                                                Act, we intend to verify the information                 for a hearing is made, the Department                 tires; and (2) non-pneumatic tires, such as
                                                submitted by the respondents prior to                    intends to hold the hearing at the U.S.               solid rubber tires.
                                                making our final determination.                          Department of Commerce, 1401                             The subject merchandise is currently
                                                                                                         Constitution Avenue NW., Washington,                  classifiable under Harmonized Tariff
                                                U.S. International Trade Commission                                                                            Schedule of the United States (HTSUS)
                                                                                                         DC 20230, at a date, time, and specific
                                                   In accordance with section 703(f) of                  location to be determined. Parties will               subheadings: 4011.20.1015 and
                                                the Act, we will notify the ITC of our                                                                         4011.20.5020. Tires meeting the scope
                                                                                                         be notified of the date, time, and
                                                determination. In addition, we are                                                                             description may also enter under the
                                                                                                         location of any hearing. Parties should               following HTSUS subheadings:
                                                making available to the ITC all non-                     confirm by telephone the date, time, and              4011.99.4520, 4011.99.4590, 4011.99.8520,
                                                privileged and non-proprietary                           location of the hearing two days before               4011.99.8590, 8708.70.4530, 8708.70.6030,
                                                information relating to this                             the scheduled date.                                   and 8708.70.6060. While HTSUS
                                                investigation. We will allow the ITC                       This determination is issued and                    subheadings are provided for convenience
                                                access to all privileged and business                    published pursuant to sections 703(f)                 and for customs purposes, the written
                                                proprietary information in our files,                    and 777(i) of the Act and 19 CFR                      description of the subject merchandise is
                                                provided the ITC confirms that it will                                                                         dispositive.
                                                                                                         351.205(c).
                                                not disclose such information, either                                                                          Appendix II—List of Topics Discussed
                                                publicly or under an administrative                        Dated: June 27, 2016.
                                                                                                         Paul Piquado,
                                                                                                                                                               in the Preliminary Decision
                                                protective order, without the written                                                                          Memorandum
                                                consent of the Assistant Secretary for                   Assistant Secretary for Enforcement and
                                                Enforcement and Compliance.                              Compliance.                                           I. Summary
                                                   In accordance with section 705(b)(2)                                                                        II. Background
                                                                                                         Appendix I                                            III. Scope Comments
                                                of the Act, if our final determination is
                                                                                                         Scope of the Investigation                            IV. Scope of the Investigation
                                                affirmative, the ITC will make its final                                                                       V. Critical Circumstances
                                                determination within 45 days after the                      The scope of the investigation covers truck        VI. Injury Test
                                                Department makes its final                               and bus tires. Truck and bus tires are new            VII. Use of Facts Otherwise Available and
                                                determination.                                           pneumatic tires, of rubber, with a truck or                 Application of Adverse Inferences
                                                                                                         bus size designation. Truck and bus tires             VIII. Application of the Countervailing Duty
                                                Disclosure and Public Comment                            covered by this investigation may be tube-                  Law to Imports From the PRC
                                                   The Department intends to disclose                    type, tubeless, radial, or non-radial.                IX. Subsidies Valuation
                                                                                                            Subject tires have, at the time of                 X. Interest Rate Benchmarks, Discount Rates,
                                                calculations performed for this                          importation, the symbol ‘‘DOT’’ on the
                                                preliminary determination to the parties                                                                             Input and Land Benchmarks
                                                                                                         sidewall, certifying that the tire conforms to        XI. Analysis of Programs
                                                within five days of the date of public                   applicable motor vehicle safety standards.            XII. Calculation of All-Others Rate
                                                announcement of this determination in                    Subject tires may also have one of the                XIII. ITC Notification
                                                accordance with 19 CFR 351.224(b).                       following suffixes in their tire size                 XIV. Disclosure and Public Comment
                                                Case briefs or other written comments                    designation, which also appear on the                 XV. Verification
                                                may be submitted to the Assistant                        sidewall of the tire:                                 XVI. Conclusion
                                                Secretary for Enforcement and                               TR—Identifies tires for service on trucks or
                                                                                                         buses to differentiate them from similarly            [FR Doc. 2016–15837 Filed 7–1–16; 8:45 am]
                                                Compliance no later than seven days
                                                                                                         sized passenger car and light truck tires;            BILLING CODE 3510–DS–P
                                                after the date on which the final                           MH—Identifies tires for mobile homes; and
                                                verification report is issued in this                       HC—Identifies a 17.5 inch rim diameter
                                                proceeding, and rebuttal briefs, limited                 code for use on low platform trailers.                DEPARTMENT OF COMMERCE
                                                to issues raised in case briefs, may be                     All tires with a ‘‘TR,’’ ‘‘MH,’’ or ‘‘HC’’
                                                submitted no later than five days after                  suffix in their size designations are covered         International Trade Administration
                                                the deadline date for case briefs.7 A                    by this investigation regardless of their
                                                                                                         intended use.                                         [C–570–039]
                                                table of contents, list of authorities used,
                                                and an executive summary of issues                          In addition, all tires that lack one of the
                                                                                                         above suffix markings are included in the             Countervailing Duty Investigation of
                                                should accompany any briefs submitted                                                                          Certain Amorphous Silica Fabric From
                                                                                                         scope, regardless of their intended use, as
                                                to the Department, pursuant to 19 CFR                    long as the tire is of a size that is among the       the People’s Republic of China:
                                                351.309(c)(2) and (d)(2). This summary                   numerical size designations listed in the             Preliminary Determination and
                                                should be limited to five pages total,                   ‘‘Truck-Bus’’ section of the Tire and Rim             Alignment of Final Determination With
                                                including footnotes.                                     Association Year Book, as updated annually,           Final Antidumping Duty Determination
                                                   Pursuant to 19 CFR 351.310(c),                        unless the tire falls within one of the specific
                                                interested parties who wish to request a                 exclusions set out below.                             AGENCY:  Enforcement and Compliance,
                                                hearing must submit a written request to                    Truck and bus tires, whether or not                International Trade Administration,
                                                the Assistant Secretary for Enforcement                  mounted on wheels or rims, are included in            Department of Commerce.
                                                and Compliance, U.S. Department of                       the scope. However, if a subject tire is              SUMMARY: The Department of Commerce
                                                                                                         imported mounted on a wheel or rim, only              (the Department) preliminarily
sradovich on DSK3GDR082PROD with NOTICES




                                                Commerce, filed electronically using
                                                                                                         the tire is covered by the scope. Subject             determines that countervailable
                                                ACCESS. An electronically-filed request                  merchandise includes truck and bus tires
                                                must be received successfully, and in its                                                                      subsidies are being provided to
                                                                                                         produced in the subject country whether
                                                entirety, by ACCESS by 5:00 p.m.                         mounted on wheels or rims in the subject
                                                                                                                                                               producers and exporters of certain
                                                Eastern Time, within 30 days after the                   country or in a third country. Truck and bus          amorphous silica fabric (silica fabric)
                                                                                                         tires are covered whether or not they are             from the People’s Republic of China (the
                                                   7 See 19 CFR 351.309; see also 19 CFR 351.303         accompanied by other parts, e.g., a wheel,            PRC). The period of investigation is
                                                (for general filing requirements).                       rim, axle parts, bolts, nuts, etc. Truck and bus      January 1, 2015 through December 31,


                                           VerDate Sep<11>2014   17:27 Jul 01, 2016   Jkt 238001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\05JYN1.SGM   05JYN1



Document Created: 2016-07-01 23:50:06
Document Modified: 2016-07-01 23:50:06
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
ContactJennifer Shore or Mark Kennedy, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2778 or (202) 482-7883, respectively.
FR Citation81 FR 43577 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR