81_FR_44719 81 FR 44588 - Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China

81 FR 44588 - Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 131 (July 8, 2016)

Page Range44588-44591
FR Document2016-16252

The Department of Commerce (the Department) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on certain passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (PRC) with regard to Sailun Jinyu Group (HONG KONG) Co., Limited (Sailun Jinyu HK). We preliminarily determine that Sailun Jinyu HK is the successor-in-interest to Jinyu International Holding Co., Limited (Jinyu HK) for purposes of determining AD liability. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 131 (Friday, July 8, 2016) 
[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44588-44591]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16252]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


Notice of Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review: Certain Passenger Vehicle and Light Truck 
Tires From the People's Republic of China

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


[[Page 44589]]


SUMMARY: The Department of Commerce (the Department) is initiating a 
changed circumstances review (CCR) of the antidumping duty (AD) order 
on certain passenger vehicle and light truck tires (passenger tires) 
from the People's Republic of China (PRC) with regard to Sailun Jinyu 
Group (HONG KONG) Co., Limited (Sailun Jinyu HK). We preliminarily 
determine that Sailun Jinyu HK is the successor-in-interest to Jinyu 
International Holding Co., Limited (Jinyu HK) for purposes of 
determining AD liability. Interested parties are invited to comment on 
these preliminary results.

DATES: Effective Date: July 8, 2016.

FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-1398.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2015, the Department published in the Federal 
Register an AD order on passenger tires from the PRC.\1\ On December 4, 
2015, Jinyu HK, an exporter of passenger tires covered by this order, 
changed its name from Jinyu HK to Sailun Jinyu HK. On February 23, 
2016, Sailun Jinyu HK requested that the Department conduct a changed 
circumstances review under section 751(b) of the Tariff Act of 1930 
(the Act), as amended, 19 CFR 351.216, and 19 CFR 351.221(c)(3).\2\ In 
this request, Sailun Jinyu HK asked the Department to determine that it 
is the successor-in-interest to Jinyu HK and, accordingly, to assign it 
Jinyu HK's cash deposit rate.\3\ Sailun Jinyu HK also requested that 
the Department expedite the review.\4\ Initially, the Department denied 
Sailun Jinyu HK's request because it failed to demonstrate good cause 
for conducting a changed circumstances review of a final determination 
in an investigation less than 24 months after the publication of the 
final determination.\5\ Sailun Jinyu HK subsequently filed arguments as 
to why good cause exists for initiating a CCR.\6\
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    \1\ See Certain Passenger Vehicle and Light Truck Tires From the 
People's Republic of China: Amended Final Affirmative Antidumping 
Duty Determination and Antidumping Duty Order; and Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order, 80 FR 47902 (August 10, 2015) (AD and CVD Orders).
    \2\ See letter from the Sailun Group, ``Jinyu International 
Holding Co., Limited's Request for a Changed Circumstances Review in 
Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China, Case No. A-570-016,'' at 1 (February 23, 2016) 
(Sailun Jinyu HK CCR Request).
    \3\ Id.
    \4\ Id.
    \5\ See letter from the Department, ``Antidumping Duty 
Investigation of Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Request for Changed Circumstances 
Review'' (April 4, 2016).
    \6\ See letter from the Sailun Group, ``Jinyu International 
Holding Co., Limited's Request for a Changed Circumstances Review in 
Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China, Case No. A-570-016,'' at 2-3 (April 18, 2016) 
(Sailun Jinyu HK CCR Good Cause Request).
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Scope of the Order

    The products covered by the scope of this order are passenger 
vehicle and light truck tires. Passenger vehicle and light truck tires 
are new pneumatic tires, of rubber, with a passenger vehicle or light 
truck size designation. Tires covered by these orders may be tube-type, 
tubeless, radial, or non-radial, and they may be intended for sale to 
original equipment manufacturers or the replacement market.
    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 the following 
prefixes or suffix in their tire size designation, which also appears 
on the sidewall of the tire:
    Prefix designations:

P--Identifies a tire intended primarily for service on passenger cars
LT--Identifies a tire intended primarily for service on light trucks

    Suffix letter designations:

LT--Identifies light truck tires for service on trucks, buses, 
trailers, and multipurpose passenger vehicles used in nominal highway 
service.

    All tires with a ``P'' or ``LT'' prefix, and all tires with an 
``LT'' suffix in their sidewall markings are covered by this 
investigation regardless of their intended use.
    In addition, all tires that lack a ``P'' or ``LT'' prefix or suffix 
in their sidewall markings, as well as all tires that include any other 
prefix or suffix 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 passenger car 
section or light truck 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.
    Passenger vehicle and light truck tires, whether or not attached to 
wheels or rims, are included in the scope. However, if a subject tire 
is imported attached to a wheel or rim, only the tire is covered by the 
scope.
    Specifically excluded from the scope are the following types of 
tires:
    (1) Racing car tires; such tires do not bear the symbol ``DOT'' on 
the sidewall and may be marked with ``ZR'' in size designation;
    (2) new pneumatic tires, of rubber, of a size that is not listed in 
the passenger car section or light truck section of the Tire and Rim 
Association Year Book;
    (3) pneumatic tires, of rubber, that are not new, including 
recycled and retreaded tires;
    (4) non-pneumatic tires, such as solid rubber tires;
    (5) tires designed and marketed exclusively as temporary use spare 
tires for passenger vehicles which, in addition, exhibit each of the 
following physical characteristics:
    (a) the size designation and load index combination molded on the 
tire's sidewall are listed in Table PCT-1B (``T'' Type Spare Tires for 
Temporary Use on Passenger Vehicles) of the Tire and Rim Association 
Year Book,
    (b) the designation ``T'' is molded into the tire's sidewall as 
part of the size designation, and,
    (c) the tire's speed rating is molded on the sidewall, indicating 
the rated speed in MPH or a letter rating as listed by Tire and Rim 
Association Year Book, and the rated speed is 81 MPH or a ``M'' rating;
    (6) tires designed and marketed exclusively for specialty tire (ST) 
use which, in addition, exhibit each of the following conditions:
    (a) the size designation molded on the tire's sidewall is listed in 
the ST sections of the Tire and Rim Association Year Book,
    (b) the designation ``ST'' is molded into the tire's sidewall as 
part of the size designation,
    (c) the tire incorporates a warning, prominently molded on the 
sidewall, that the tire is ``For Trailer Service Only'' or ``For 
Trailer Use Only'',
    (d) the load index molded on the tire's sidewall meets or exceeds 
those load indexes listed in the Tire and Rim Association Year Book for 
the relevant ST tire size, and
    (e) either
    (i) the tire's speed rating is molded on the sidewall, indicating 
the rated speed in MPH or a letter rating as listed by Tire and Rim 
Association Year Book, and the rated speed does not exceed 81 MPH or an 
``M'' rating; or
    (ii) the tire's speed rating molded on the sidewall is 87 MPH or an 
``N'' rating, and in either case the tire's maximum pressure and 
maximum load limit are molded on the sidewall and either

[[Page 44590]]

    (1) both exceed the maximum pressure and maximum load limit for any 
tire of the same size designation in either the passenger car or light 
truck section of the Tire and Rim Association Year Book; or
    (2) if the maximum cold inflation pressure molded on the tire is 
less than any cold inflation pressure listed for that size designation 
in either the passenger car or light truck section of the Tire and Rim 
Association Year Book, the maximum load limit molded on the tire is 
higher than the maximum load limit listed at that cold inflation 
pressure for that size designation in either the passenger car or light 
truck section of the Tire and Rim Association Year Book;
    (7) tires designed and marketed exclusively for off-road use and 
which, in addition, exhibit each of the following physical 
characteristics:
    (a) the size designation and load index combination molded on the 
tire's sidewall are listed in the off-the-road, agricultural, 
industrial or ATV section of the Tire and Rim Association Year Book,
    (b) in addition to any size designation markings, the tire 
incorporates a warning, prominently molded on the sidewall, that the 
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
    (c) the tire's speed rating is molded on the sidewall, indicating 
the rated speed in MPH or a letter rating as listed by the Tire and Rim 
Association Year Book, and the rated speed does not exceed 55 MPH or a 
``G'' rating, and
    (d) the tire features a recognizable off-road tread design.
    The products covered by the orders are currently classified under 
the following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the 
scope description may also enter under the following HTSUS subheadings: 
4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50, 
8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 
8708.70.60.60. While HTSUS subheadings are provided for convenience and 
for customs purposes, the written description of the subject 
merchandise is dispositive.

Initiation and Preliminary Results of Changed Circumstances Review

    Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), 
the Department will conduct a CCR upon receipt of a request from an 
interested party for a review of an AD order which shows changed 
circumstances sufficient to warrant a review of the order. The 
information submitted by Sailun Jinyu HK supporting its claim that it 
is the successor-in-interest to Jinyu HK demonstrates changed 
circumstances sufficient to warrant such a review.\7\
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    \7\ See 19 CFR 351.216(d).
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    In accordance with the above-referenced regulation, the Department 
is initiating a CCR to determine whether Sailun Jinyu HK is the 
successor-in-interest to Jinyu HK. When it concludes that expedited 
action is warranted, the Department may publish the notice of 
initiation and preliminary results for a CCR concurrently.\8\ We 
determined that expediting this CCR is warranted because we have the 
information necessary to make a preliminary finding already on the 
record, in accordance with our practice.\9\
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    \8\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta From 
Italy: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015) 
(Pasta From Italy Preliminary Results) (unchanged in Certain Pasta 
From Italy: Final Results of Changed Circumstances Review, 80 FR 
48807 (August 14, 2015) (Pasta From Italy Final Results)).
    \9\ See, e.g., Pasta From Italy Preliminary Results, 80 FR at 
33480-41 (unchanged in Pasta From Italy Final Results, 80 FR at 
48807).
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    In determining whether one company is the successor-in-interest to 
another, the Department examines a number of factors including, but not 
limited to, changes in management, production facilities, supplier 
relationships, and customer base.\10\ While no single factor or 
combination of these factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, the Department will 
generally consider the new company to be the successor to the previous 
company if the new company's resulting operation is not materially 
dissimilar to that of its predecessor.\11\ Thus, if the evidence 
demonstrates that, with respect to the production and sale of the 
subject merchandise, the new company operates as the same business 
entity as the prior company, the Department will assign the new company 
the cash deposit rate of its predecessor.\12\
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    \10\ See, e.g., Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Certain Frozen 
Warmwater Shrimp From Thailand, 75 FR 61702, 61703 (October 6, 2010) 
(Shrimp From Thailand Preliminary Results) (unchanged in Notice of 
Final Results of Antidumping Duty Changed Circumstances Review: 
Certain Frozen Warmwater Shrimp From Thailand, 75 FR 74684 (December 
1, 2010) (Shrimp From Thailand Final Results)); and Industrial 
Phosphoric Acid From Israel: Final Results of Antidumping Duty 
Changed Circumstances Review, 59 FR 6944, 6946 (February 14, 1994).
    \11\ See, e.g., Shrimp From Thailand Preliminary Results, 75 FR 
at 61703 (unchanged in Shrimp From Thailand Final Results, 75 FR at 
74684).
    \12\ Id.; see also Notice of Final Results of Changed 
Circumstances Antidumping Duty Administrative Review: 
Polychloroprene Rubber From Japan, 67 FR 58, 59 (January 2, 2002); 
and Ball Bearings and Parts Thereof from France: Final Results of 
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010).
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    In its February 23, 2016, and April 18, 2016 submissions, Sailun 
Jinyu HK provided information to demonstrate that it is the successor-
in-interest to Jinyu HK. Sailun Jinyu HK states that there were no 
changes to the company's ownership, employees, managers, customers, or 
suppliers. To support its claims, Sailun Jinyu HK submitted the 
following documents: (1) A copy of Jinyu HK Internal Work Approval 
Sheet, dated October 29, 2015 explaining the reason for the name change 
from Jinyu HK to Sailun Jinyu HK; (2) a copy of a Department memorandum 
regarding Sailun Group Co., Ltd.'s Affiliation Single Entity Status, 
dated January 14, 2015; (3) a Notice of Change of Company Name, dated 
December 4, 2015 filed with the Hong Kong Companies Registry; (4) a 
Certificate of Change of Name, dated December 21, 2015, issued by the 
Hong Kong Companies Registry; (5) business registrations for both Jinyu 
HK (dated October 24, 2015) and Sailun Jinyu HK (dated October 24, 
2015); (6) a listing of the company's customers before and after its 
name change; and (7) a letter sent to all customers explaining the name 
change.\13\ Sailun Jinyu HK also demonstrated good cause for initiating 
a CCR pursuant to 19 CFR 351.216(c) because it has only changed its 
name and no other aspect of the company's operations, and conducting 
this review ensures that the appropriate deposit rate applies to Sailun 
Jinyu HK.\14\
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    \13\ See Sailun Jinyu HK CCR Request at Exhibits 1-7.
    \14\ See Sailun Jinyu HK CCR Good Cause Request at 2-3.
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    Based on the evidence on the record, we preliminarily find that 
Sailun Jinyu HK is the successor-in-interest to Jinyu HK. We find that 
Sailun Jinyu HK operates as the same business entity as Jinyu HK and 
that its ownership, management, production facilities, supplier 
relationships, and customers have not changed as a result of its name 
change. Thus, we preliminarily find that Sailun Jinyu HK should receive 
the same AD cash deposit rate with respect to the subject merchandise 
as Jinyu HK, its predecessor company.\15\
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    \15\ Jinyu HK, as part of the Sailun Group, received a 0.00 
percent cash deposit rate in the investigation of the AD order on 
passenger tires from the PRC. See AD and CVD Orders at 47904 (August 
10, 2015).

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[[Page 44591]]

    Should our final results remain the same as these preliminary 
results, we will instruct U.S. Customs and Border Protection to suspend 
entries of subject merchandise exported by Sailun Jinyu HK at Jinyu 
HK's cash deposit rate, effective on the publication date of our final 
results.

Public Comment

    Interested parties may submit case briefs and/or written comments 
not later than 14 days after the publication of this notice.\16\ 
Rebuttal briefs, which must be limited to issues raised in case briefs, 
may be filed not later than five days after the deadline for filing 
case briefs.\17\ Parties who submit case briefs or rebuttal briefs in 
this changed circumstances review are requested to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. Interested parties who wish 
to comment on the preliminary results must file briefs electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. An electronically-filed 
document must be received successfully in its entirety by the 
Department's electronic records system, ACCESS, by 5 p.m. Eastern Time 
on the date the document is due.
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    \16\ See 19 CFR 351.309(c)(ii).
    \17\ See 19 CFR 351.309(d).
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    Interested parties that wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, within 14 days of 
publication of this notice.\18\ Parties will be notified of the time 
and date of any hearing, if requested.\19\
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    \18\ See 19 CFR 351.310(c); see also 19 CFR 351.303 for general 
filing requirements.
    \19\ See 19 CFR 351.310.
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    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this changed circumstance review no later than 270 days 
after the date on which this review was initiated, or within 45 days of 
publication of these preliminary results if all parties agree to our 
preliminary finding.
    We are issuing and publishing this finding and notice in accordance 
with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR 351.216 
and 351.221(c)(3)(ii).

    Dated: June 30, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16252 Filed 7-7-16; 8:45 am]
BILLING CODE 3510-DS-P

44588 Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices Hardware an AFA rate of 157.68 On February 18, 2015, in Since appealed, pending a final and percent.5 Hardware IV, the Court rejected the conclusive court decision. Upon consideration of the First analysis concerning corroboration of the Redetermination, on November 29, Amended Final Results 157.68 percent rate assigned to Since 2011, the Court determined that the Hardware, as outlined in the Third Because there is now a final court Department failed to consider record Redetermination.14 The Court ordered decision, the Department is amending information relating to Since the Department to support the rate the Final Results with respect to the Hardware’s application for a separate assigned to Since Hardware by dumping margin of Since Hardware. rate.6 In Since Hardware II, the Court demonstrating that the information had The revised weighted-average dumping directed the Department to determine some grounding in commercial reality.15 margin for Since Hardware during the whether Since Hardware was entitled to The Court further determined that the period August 1, 2006, through July 31, a separate rate and, if so, to determine Department’s analysis of the Customs 2007, is as follows: that rate.7 On May 29, 2012, the data set forth in the Third Department issued its Second Redetermination was insufficient to Weighted Redetermination, in which it average corroborate the 157.68 percent AFA rate Exporter dumping determined that Since Hardware was assigned to Since Hardware.16 On June margin entitled to a separate rate.8 However, 18, 2015, the Department issued its (percent) because Since Hardware’s questionnaire Fourth Redetermination. In the Fourth responses had otherwise been Redetermination, the Department, under Since Hardware (Guangzhou) determined to be unreliable, the protest, assigned a revised AFA rate of Co., Ltd ................................... 72.29 Department continued to assign an AFA 72.29 percent to Since Hardware to rate of 157.68 percent to Since better address the Court’s concerns of For Since Hardware, the cash deposit Hardware.9 In the Second relevance and commercial reality.17 rate will remain the rate established in Redetermination, the Department also This 72.29 percent rate was the rate the 2008–2009 Amended Final Results, reviewed data from U.S. Customs and assigned to Separate Rate companies in a subsequent review, which is 83.83 Border Protection (CBP), and the less-than-fair value investigation.18 percent.20 determined that these CBP data On April 28, 2016, the Court In the event the Court’s ruling is not established that selected importers paid sustained the Department’s Fourth appealed, or if appealed and upheld by antidumping duties of 157.68 percent.10 Redetermination, and entered final the Federal Circuit, the Department will Based on this finding, the Department judgment.19 instruct CBP to assess antidumping concluded the 157.68 percent rate was duties on entries of the subject relevant with regard to Since Hardware. Timken Notice merchandise exported by Since On May 31, 2013, in Since Hardware In its decision in Timken, 893 F.2d at Hardware using the revised assessment III, the Court sustained the Department’s 341, as clarified by Diamond Sawblades, rate calculated by the Department in the determination not to reopen the record the Federal Circuit has held that, Fourth Redetermination. of the proceeding.11 The Court also pursuant to section 516A(e) of the Tariff This notice is issued and published in determined that the 157.68 percent rate Act of 1930, as amended (the Act), the accordance with sections 516(A)(e), was reliable.12 However, the Court Department must publish a notice of a 751(a)(1), and 777(i)(1) of the Act. found the Department did not court decision not ‘‘in harmony’’ with a Dated: June 30, 2016. demonstrate the relevance and Department determination, and must Ronald K. Lorentzen, commercial reality of the 157.68 percent suspend liquidation of entries pending Acting Assistant Secretary for Enforcement AFA rate. On October 31, 2013, the a ‘‘conclusive’’ court decision. The & Compliance. Department issued its Third Court’s April 28, 2016 judgment [FR Doc. 2016–16253 Filed 7–7–16; 8:45 am] Redetermination, determining that the sustaining the Fourth Redetermination BILLING CODE 3510–DS–P 157.68 percent rate assigned to Since constitutes a final decision of the Court Hardware was corroborated to the extent that is not in harmony with the practicable by the use of CBP data.13 Department’s Final Results. This notice DEPARTMENT OF COMMERCE 5 See Final Results of Redetermination Pursuant is published in fulfillment of the to Court Remand Floor Standing Metal-Top Ironing publication requirement of Timken. International Trade Administration Tables and Certain Parts Thereof from the People’s Accordingly, the Department will [A–570–016] Republic of China Since Hardware (Guangzhou) continue the suspension of liquidation Co., Ltd.. United States, dated February 17, 2011 (First Redetermination). of the subject merchandise pending the Notice of Initiation and Preliminary 6 See Since Hardware (Guangzhou) Co., Ltd. v. expiration of the period of appeal or, if Results of Antidumping Duty Changed United States, Court No. 09–00123, Slip Op. 11–146 Circumstances Review: Certain (November 29, 2011) (Since Hardware II). Republic of China Since Hardware (Guangzhou) Passenger Vehicle and Light Truck 7 Id. Co., Ltd. v. United States, dated October 31, 2013 8 See Final Results of Redetermination Pursuant (Third Redetermination). Tires From the People’s Republic of to Court Remand Floor Standing Metal-Top Ironing 14 See Since Hardware (Guangzhou) Co., Ltd. v. China Tables and Certain Parts Thereof from the People’s United States, Slip Op. 15–15, Court No. 09–00123 Republic of China Since Hardware (Guangzhou) (February 18, 2015) (Since Hardware IV). AGENCY: Enforcement and Compliance, Co., Ltd. v. United States, dated May 29, 2012 15 Id. International Trade Administration, asabaliauskas on DSK3SPTVN1PROD with NOTICES (Second Redetermination). 16 Id., at 8–20. Department of Commerce. 9 Id. 17 See Fourth Redetermination. 10 Id. 18 See Notice of Amended Final Determination of 20 See Floor Standing Metal-Top Ironing Tables 11 See Since Hardware (Guangzhou) Co., Ltd. v. Sales at Less Than Fair Value and Antidumping and Certain Parts Thereof From the People’s United States, Court No., 09–00123, Slip Op. 13– Duty Order: Floor Standing Metal-Top Ironing Republic of China: Notice of Court Decision Not in 71 (May 31, 2013) (Since Hardware III). Tables and Certain Parts Thereof From the People’s Harmony with Final Results and Notice of 12 Id. Republic of China 69 FR 47868 (August 6, 2004). Amended Final Results of Antidumping Duty 13 See Final Results of Redetermination Pursuant 19 See Since Hardware (Guangzhou) Co., Ltd. v. Administrative Review; 2008–2009, 80 FR 36507, to Court Remand Floor Standing Metal-Top Ironing United States, Court No. 09–00123, Slip Op. 16–42 (June 25, 2015) (2008–2009 Amended Final Tables and Certain Parts Thereof from the People’s (April 28, 2016). Results). VerDate Sep<11>2014 17:00 Jul 07, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\08JYN1.SGM 08JYN1

Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices 44589 SUMMARY: The Department of Commerce publication of the final determination.5 However, if a subject tire is imported (the Department) is initiating a changed Sailun Jinyu HK subsequently filed attached to a wheel or rim, only the tire circumstances review (CCR) of the arguments as to why good cause exists is covered by the scope. antidumping duty (AD) order on certain for initiating a CCR.6 Specifically excluded from the scope passenger vehicle and light truck tires are the following types of tires: Scope of the Order (1) Racing car tires; such tires do not (passenger tires) from the People’s Republic of China (PRC) with regard to The products covered by the scope of bear the symbol ‘‘DOT’’ on the sidewall Sailun Jinyu Group (HONG KONG) Co., this order are passenger vehicle and and may be marked with ‘‘ZR’’ in size Limited (Sailun Jinyu HK). We light truck tires. Passenger vehicle and designation; preliminarily determine that Sailun light truck tires are new pneumatic tires, (2) new pneumatic tires, of rubber, of Jinyu HK is the successor-in-interest to of rubber, with a passenger vehicle or a size that is not listed in the passenger Jinyu International Holding Co., Limited light truck size designation. Tires car section or light truck section of the (Jinyu HK) for purposes of determining covered by these orders may be tube- Tire and Rim Association Year Book; AD liability. Interested parties are type, tubeless, radial, or non-radial, and (3) pneumatic tires, of rubber, that are invited to comment on these they may be intended for sale to original not new, including recycled and preliminary results. equipment manufacturers or the retreaded tires; replacement market. (4) non-pneumatic tires, such as solid DATES: Effective Date: July 8, 2016. Subject tires have, at the time of rubber tires; importation, the symbol ‘‘DOT’’ on the (5) tires designed and marketed FOR FURTHER INFORMATION CONTACT: Toni exclusively as temporary use spare tires Page, AD/CVD Operations, Office VII, sidewall, certifying that the tire conforms to applicable motor vehicle for passenger vehicles which, in Enforcement and Compliance, addition, exhibit each of the following International Trade Administration, safety standards. Subject tires may also physical characteristics: U.S. Department of Commerce, 1401 have the following prefixes or suffix in (a) the size designation and load Constitution Avenue NW., Washington, their tire size designation, which also index combination molded on the tire’s DC 20230; telephone: (202) 482–1398. appears on the sidewall of the tire: sidewall are listed in Table PCT–1B Prefix designations: SUPPLEMENTARY INFORMATION: (‘‘T’’ Type Spare Tires for Temporary P—Identifies a tire intended primarily Use on Passenger Vehicles) of the Tire Background for service on passenger cars and Rim Association Year Book, LT—Identifies a tire intended primarily (b) the designation ‘‘T’’ is molded into On August 10, 2015, the Department for service on light trucks the tire’s sidewall as part of the size published in the Federal Register an AD Suffix letter designations: designation, and, order on passenger tires from the PRC.1 LT—Identifies light truck tires for (c) the tire’s speed rating is molded on On December 4, 2015, Jinyu HK, an service on trucks, buses, trailers, and the sidewall, indicating the rated speed exporter of passenger tires covered by multipurpose passenger vehicles used in MPH or a letter rating as listed by this order, changed its name from Jinyu in nominal highway service. Tire and Rim Association Year Book, HK to Sailun Jinyu HK. On February 23, and the rated speed is 81 MPH or a ‘‘M’’ 2016, Sailun Jinyu HK requested that All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their rating; the Department conduct a changed (6) tires designed and marketed circumstances review under section sidewall markings are covered by this exclusively for specialty tire (ST) use 751(b) of the Tariff Act of 1930 (the investigation regardless of their which, in addition, exhibit each of the Act), as amended, 19 CFR 351.216, and intended use. following conditions: 19 CFR 351.221(c)(3).2 In this request, In addition, all tires that lack a ‘‘P’’ or (a) the size designation molded on the Sailun Jinyu HK asked the Department ‘‘LT’’ prefix or suffix in their sidewall tire’s sidewall is listed in the ST to determine that it is the successor-in- markings, as well as all tires that sections of the Tire and Rim Association interest to Jinyu HK and, accordingly, to include any other prefix or suffix in Year Book, assign it Jinyu HK’s cash deposit rate.3 their sidewall markings, are included in (b) the designation ‘‘ST’’ is molded Sailun Jinyu HK also requested that the the scope, regardless of their intended into the tire’s sidewall as part of the size Department expedite the review.4 use, as long as the tire is of a size that designation, Initially, the Department denied Sailun is among the numerical size (c) the tire incorporates a warning, Jinyu HK’s request because it failed to designations listed in the passenger car prominently molded on the sidewall, demonstrate good cause for conducting section or light truck section of the Tire that the tire is ‘‘For Trailer Service a changed circumstances review of a and Rim Association Year Book, as Only’’ or ‘‘For Trailer Use Only’’, final determination in an investigation updated annually, unless the tire falls (d) the load index molded on the tire’s less than 24 months after the within one of the specific exclusions set sidewall meets or exceeds those load out below. indexes listed in the Tire and Rim 1 See Certain Passenger Vehicle and Light Truck Passenger vehicle and light truck Association Year Book for the relevant Tires From the People’s Republic of China: tires, whether or not attached to wheels ST tire size, and Amended Final Affirmative Antidumping Duty or rims, are included in the scope. (e) either Determination and Antidumping Duty Order; and (i) the tire’s speed rating is molded on Amended Final Affirmative Countervailing Duty 5 See letter from the Department, ‘‘Antidumping the sidewall, indicating the rated speed Determination and Countervailing Duty Order, 80 Duty Investigation of Passenger Vehicle and Light in MPH or a letter rating as listed by asabaliauskas on DSK3SPTVN1PROD with NOTICES FR 47902 (August 10, 2015) (AD and CVD Orders). Truck Tires from the People’s Republic of China: 2 See letter from the Sailun Group, ‘‘Jinyu Request for Changed Circumstances Review’’ (April Tire and Rim Association Year Book, International Holding Co., Limited’s Request for a 4, 2016). and the rated speed does not exceed 81 Changed Circumstances Review in Certain 6 See letter from the Sailun Group, ‘‘Jinyu MPH or an ‘‘M’’ rating; or Passenger Vehicle and Light Truck Tires From the International Holding Co., Limited’s Request for a (ii) the tire’s speed rating molded on People’s Republic of China, Case No. A–570–016,’’ Changed Circumstances Review in Certain at 1 (February 23, 2016) (Sailun Jinyu HK CCR the sidewall is 87 MPH or an ‘‘N’’ rating, Passenger Vehicle and Light Truck Tires From the Request). People’s Republic of China, Case No. A–570–016,’’ and in either case the tire’s maximum 3 Id. at 2–3 (April 18, 2016) (Sailun Jinyu HK CCR Good pressure and maximum load limit are 4 Id. Cause Request). molded on the sidewall and either VerDate Sep<11>2014 17:00 Jul 07, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\08JYN1.SGM 08JYN1

44590 Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices (1) both exceed the maximum Department will conduct a CCR upon the prior company, the Department will pressure and maximum load limit for receipt of a request from an interested assign the new company the cash any tire of the same size designation in party for a review of an AD order which deposit rate of its predecessor.12 either the passenger car or light truck shows changed circumstances sufficient In its February 23, 2016, and April 18, section of the Tire and Rim Association to warrant a review of the order. The 2016 submissions, Sailun Jinyu HK Year Book; or information submitted by Sailun Jinyu provided information to demonstrate (2) if the maximum cold inflation HK supporting its claim that it is the that it is the successor-in-interest to pressure molded on the tire is less than successor-in-interest to Jinyu HK Jinyu HK. Sailun Jinyu HK states that any cold inflation pressure listed for demonstrates changed circumstances there were no changes to the company’s that size designation in either the sufficient to warrant such a review.7 ownership, employees, managers, passenger car or light truck section of In accordance with the above- customers, or suppliers. To support its the Tire and Rim Association Year referenced regulation, the Department is claims, Sailun Jinyu HK submitted the Book, the maximum load limit molded initiating a CCR to determine whether following documents: (1) A copy of on the tire is higher than the maximum Sailun Jinyu HK is the successor-in- Jinyu HK Internal Work Approval Sheet, load limit listed at that cold inflation interest to Jinyu HK. When it concludes dated October 29, 2015 explaining the pressure for that size designation in that expedited action is warranted, the reason for the name change from Jinyu either the passenger car or light truck Department may publish the notice of HK to Sailun Jinyu HK; (2) a copy of a section of the Tire and Rim Association initiation and preliminary results for a Department memorandum regarding Year Book; CCR concurrently.8 We determined that Sailun Group Co., Ltd.’s Affiliation (7) tires designed and marketed expediting this CCR is warranted Single Entity Status, dated January 14, exclusively for off-road use and which, because we have the information 2015; (3) a Notice of Change of in addition, exhibit each of the necessary to make a preliminary finding Company Name, dated December 4, following physical characteristics: already on the record, in accordance 2015 filed with the Hong Kong (a) the size designation and load with our practice.9 Companies Registry; (4) a Certificate of index combination molded on the tire’s In determining whether one company Change of Name, dated December 21, sidewall are listed in the off-the-road, is the successor-in-interest to another, 2015, issued by the Hong Kong agricultural, industrial or ATV section the Department examines a number of Companies Registry; (5) business of the Tire and Rim Association Year factors including, but not limited to, registrations for both Jinyu HK (dated Book, changes in management, production October 24, 2015) and Sailun Jinyu HK (b) in addition to any size designation facilities, supplier relationships, and (dated October 24, 2015); (6) a listing of markings, the tire incorporates a customer base.10 While no single factor the company’s customers before and warning, prominently molded on the or combination of these factors will after its name change; and (7) a letter sidewall, that the tire is ‘‘Not For necessarily provide a dispositive sent to all customers explaining the Highway Service’’ or ‘‘Not for Highway indication of a successor-in-interest name change.13 Sailun Jinyu HK also Use’’, relationship, the Department will demonstrated good cause for initiating a (c) the tire’s speed rating is molded on generally consider the new company to CCR pursuant to 19 CFR 351.216(c) the sidewall, indicating the rated speed be the successor to the previous because it has only changed its name in MPH or a letter rating as listed by the company if the new company’s resulting and no other aspect of the company’s Tire and Rim Association Year Book, operation is not materially dissimilar to operations, and conducting this review and the rated speed does not exceed 55 that of its predecessor.11 Thus, if the ensures that the appropriate deposit rate MPH or a ‘‘G’’ rating, and evidence demonstrates that, with applies to Sailun Jinyu HK.14 (d) the tire features a recognizable off- respect to the production and sale of the Based on the evidence on the record, road tread design. subject merchandise, the new company we preliminarily find that Sailun Jinyu The products covered by the orders operates as the same business entity as HK is the successor-in-interest to Jinyu are currently classified under the HK. We find that Sailun Jinyu HK following Harmonized Tariff Schedule 7 See 19 CFR 351.216(d). operates as the same business entity as of the United States (HTSUS) 8 See 19 CFR 351.221(c)(3)(ii); see also Certain Jinyu HK and that its ownership, subheadings: 4011.10.10.10, Pasta From Italy: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances management, production facilities, 4011.10.10.20, 4011.10.10.30, Review, 80 FR 33480, 33480–41 (June 12, 2015) supplier relationships, and customers 4011.10.10.40, 4011.10.10.50, (Pasta From Italy Preliminary Results) (unchanged have not changed as a result of its name 4011.10.10.60, 4011.10.10.70, in Certain Pasta From Italy: Final Results of change. Thus, we preliminarily find that 4011.10.50.00, 4011.20.10.05, and Changed Circumstances Review, 80 FR 48807 (August 14, 2015) (Pasta From Italy Final Results)). Sailun Jinyu HK should receive the 4011.20.50.10. Tires meeting the scope 9 See, e.g., Pasta From Italy Preliminary Results, same AD cash deposit rate with respect description may also enter under the 80 FR at 33480–41 (unchanged in Pasta From Italy to the subject merchandise as Jinyu HK, following HTSUS subheadings: Final Results, 80 FR at 48807). its predecessor company.15 4011.99.45.10, 4011.99.45.50, 10 See, e.g., Notice of Initiation and Preliminary 4011.99.85.10, 4011.99.85.50, Results of Antidumping Duty Changed 12 Id.; see also Notice of Final Results of Changed Circumstances Review: Certain Frozen Warmwater 8708.70.45.45, 8708.70.45.60, Shrimp From Thailand, 75 FR 61702, 61703 Circumstances Antidumping Duty Administrative 8708.70.60.30, 8708.70.60.45, and (October 6, 2010) (Shrimp From Thailand Review: Polychloroprene Rubber From Japan, 67 FR 8708.70.60.60. While HTSUS Preliminary Results) (unchanged in Notice of Final 58, 59 (January 2, 2002); and Ball Bearings and Results of Antidumping Duty Changed Parts Thereof from France: Final Results of asabaliauskas on DSK3SPTVN1PROD with NOTICES subheadings are provided for Changed-Circumstances Review, 75 FR 34688, Circumstances Review: Certain Frozen Warmwater convenience and for customs purposes, Shrimp From Thailand, 75 FR 74684 (December 1, 34689 (June 18, 2010). the written description of the subject 2010) (Shrimp From Thailand Final Results)); and 13 See Sailun Jinyu HK CCR Request at Exhibits merchandise is dispositive. Industrial Phosphoric Acid From Israel: Final 1–7. Results of Antidumping Duty Changed 14 See Sailun Jinyu HK CCR Good Cause Request Initiation and Preliminary Results of Circumstances Review, 59 FR 6944, 6946 (February at 2–3. Changed Circumstances Review 14, 1994). 15 Jinyu HK, as part of the Sailun Group, received 11 See, e.g., Shrimp From Thailand Preliminary a 0.00 percent cash deposit rate in the investigation Pursuant to section 751(b)(1)(A) of the Results, 75 FR at 61703 (unchanged in Shrimp From of the AD order on passenger tires from the PRC. Act and 19 CFR 351.216(d), the Thailand Final Results, 75 FR at 74684). See AD and CVD Orders at 47904 (August 10, 2015). VerDate Sep<11>2014 17:00 Jul 07, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\08JYN1.SGM 08JYN1

Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices 44591 Should our final results remain the Dated: June 30, 2016. by the Department of State, the same as these preliminary results, we Paul Piquado, Department of the Interior, the Marine will instruct U.S. Customs and Border Assistant Secretary for Enforcement and Mammal Commission, and by other Protection to suspend entries of subject Compliance. agencies. The non-federal merchandise exported by Sailun Jinyu [FR Doc. 2016–16252 Filed 7–7–16; 8:45 am] representative(s) selected as a result of HK at Jinyu HK’s cash deposit rate, BILLING CODE 3510–DS–P this nomination process is (are) effective on the publication date of our responsible for providing input and final results. recommendations to the U.S. IWC DEPARTMENT OF COMMERCE Commissioner representing the Public Comment positions of non-governmental National Oceanic and Atmospheric organizations. Generally, only one non- Interested parties may submit case Administration governmental position is selected for the briefs and/or written comments not later U.S. Delegation. than 14 days after the publication of this RIN 0648–XE705 Dated: July 5, 2016. notice.16 Rebuttal briefs, which must be International Whaling Commission; limited to issues raised in case briefs, John Henderschedt, 66th Meeting; Nominations Director, Office of International Affairs and may be filed not later than five days AGENCY: National Marine Fisheries Seafood Inspection Program, National Marine after the deadline for filing case briefs.17 Service (NMFS), National Oceanic and Fisheries Service. Parties who submit case briefs or Atmospheric Administration (NOAA), [FR Doc. 2016–16178 Filed 7–7–16; 8:45 am] rebuttal briefs in this changed circumstances review are requested to Commerce. BILLING CODE 3510–22–P submit with each argument: (1) A ACTION: Notice; request for nominations. statement of the issue; (2) a brief SUMMARY: This notice is a call for DEPARTMENT OF COMMERCE summary of the argument; and (3) a nominees for the U.S. Delegation to the table of authorities. Interested parties October 2016 International Whaling National Oceanic and Atmospheric who wish to comment on the Commission (IWC) meeting. The non- Administration preliminary results must file briefs federal representative(s) selected as a electronically using Enforcement and RIN 0648–XE714 result of this nomination process is (are) Compliance’s Antidumping and responsible for providing input and Pacific Fishery Management Council; Countervailing Duty Centralized recommendations to the U.S. IWC Public Meeting (Webinar) Electronic Service System (ACCESS). Commissioner representing the ACCESS is available to registered users positions of non-governmental AGENCY: Marine Fisheries Service at http://access.trade.gov. An organizations. (NMFS), National Oceanic and electronically-filed document must be Atmospheric Administration (NOAA), DATES: The IWC is holding its 66th received successfully in its entirety by Commerce. meeting from October 20–28, 2016, at the Department’s electronic records the Convention Center of the Grand ACTION: Notice of public meeting system, ACCESS, by 5 p.m. Eastern Hotel Bernardin in Portorož, Slovenia. (webinar). Time on the date the document is due. All written nominations for the U.S. SUMMARY: The Pacific Fishery Interested parties that wish to request Delegation to the IWC meeting must be Management Council’s (Pacific a hearing must submit a written request received by August 26, 2016. Council’s) Coastal Pelagic Species to the Assistant Secretary for ADDRESSES: All nominations for the U.S. Management Team (CPSMT) will meet Enforcement and Compliance, filed Delegation to the IWC meeting should via webinar to discuss potential electronically via ACCESS, within 14 be addressed to Mr. Ryan Wulff, Deputy management options for the northern days of publication of this notice.18 U.S. Commissioner to the IWC, and sent anchovy. The meeting is open to the Parties will be notified of the time and to Jordan Carduner via email: public. date of any hearing, if requested.19 jordan.carduner@noaa.gov; or via post: National Marine Fisheries Service, DATES: The webinar meeting will take Consistent with 19 CFR 351.216(e), Office of International Affairs and place from 10 a.m. to 12 p.m. Pacific we intend to issue the final results of Seafood Inspection Program, 1315 East- Daylight Time, August 3, 2016. this changed circumstance review no West Highway, SSMC3 Room 10651, ADDRESSES: The meeting will be held later than 270 days after the date on Silver Spring, MD 20910. via webinar. A public listening station which this review was initiated, or FOR FURTHER INFORMATION CONTACT: will also be provided at the Pacific within 45 days of publication of these Jordan Carduner at jordan.carduner@ Council office. preliminary results if all parties agree to noaa.gov or 301–427–8401. Council address: Pacific Council, our preliminary finding. SUPPLEMENTARY INFORMATION: The 7700 NE Ambassador Place, Suite 101, We are issuing and publishing this Secretary of Commerce is responsible Portland, OR 97220–1384. finding and notice in accordance with for discharging the domestic obligations FOR FURTHER INFORMATION CONTACT: sections 751(b)(1) and 777(i)(1) of the of the United States under the Kerry Griffin, Staff Officer; telephone: Act, and 19 CFR 351.216 and International Convention for the (503) 820–2409. asabaliauskas on DSK3SPTVN1PROD with NOTICES 351.221(c)(3)(ii). Regulation of Whaling, 1946. The U.S. SUPPLEMENTARY INFORMATION: The IWC Commissioner has responsibility primary purpose of the webinar is to for the preparation and negotiation of solicit comments and questions on a 16 See 19 CFR 351.309(c)(ii). U.S. positions on international issues draft white paper being developed by 17 See 19 CFR 351.309(d). concerning whaling and for all matters the Pacific Council’s CPSMT. The 18 See 19 CFR 351.310(c); see also 19 CFR 351.303 involving the IWC. The U.S. IWC Council will consider the white paper at for general filing requirements. Commissioner is staffed by the its September 15–20 meeting in Boise, 19 See 19 CFR 351.310. Department of Commerce and assisted ID. Public comments during the webinar VerDate Sep<11>2014 17:00 Jul 07, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\08JYN1.SGM 08JYN1


Document Created: 2016-07-08 00:17:31
Document Modified: 2016-07-08 00:17:31
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
ContactToni Page, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1398.
FR Citation81 FR 44588 
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