81_FR_56749 81 FR 56587 - Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review

81 FR 56587 - Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range56587-56589
FR Document2016-20023

On July 8, 2016, the Department of Commerce (the Department) published its notice of initiation and preliminary results of a changed circumstances review of the antidumping duty (AD) order on certain passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (PRC). In that notice, we preliminarily determined that Sailun Jinyu Group (HONG KONG) Co., Limited (Sailun Jinyu HK) is the successor-in-interest to Jinyu International Holding Co., Limited (Jinyu HK) for purposes of determining antidumping duty cash deposits and liabilities. No interested party submitted comments regarding the initiation and preliminary results. For these final results, the Department continues to find that Sailun Jinyu HK is the successor-in-interest to Jinyu HK.

Federal Register, Volume 81 Issue 162 (Monday, August 22, 2016)
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56587-56589]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20023]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


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

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

SUMMARY: On July 8, 2016, the Department of Commerce (the Department) 
published its notice of initiation and preliminary results of a changed 
circumstances review of the antidumping duty (AD) order on certain 
passenger vehicle and light truck tires (passenger tires) from the 
People's Republic of China (PRC). In that notice, we preliminarily 
determined that Sailun Jinyu Group (HONG KONG) Co., Limited (Sailun 
Jinyu HK) is the successor-in-interest to Jinyu International Holding 
Co., Limited (Jinyu HK) for purposes of determining antidumping duty 
cash deposits and liabilities. No interested party submitted comments 
regarding the initiation and preliminary results. For these final 
results, the Department continues to find that Sailun Jinyu HK is the 
successor-in-interest to Jinyu HK.

DATES: Effective August 22, 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.

[[Page 56588]]


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 
21, 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, 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, Jinyu HK asked the Department to determine that Sailun 
Jinyu HK it is the successor-in-interest to Jinyu HK and, accordingly, 
to assign it Jinyu HK's cash deposit rate.\3\
---------------------------------------------------------------------------

    \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 Order).
    \2\ See letter from Jinyu HK entitled, ``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) 
(CCR Request).
    \3\ Id.
---------------------------------------------------------------------------

    On July 8, 2016, the Department published its notice of initiation 
and preliminary results of this changed circumstances review, 
determining that Sailun Jinyu HK is the successor-in-interest to Jinyu 
HK.\4\ In the Initiation and Preliminary Results, we provided all 
interested parties with an opportunity to comment and to request a 
public hearing regarding our preliminary finding that Sailun Jinyu HK 
is the successor-in-interest to Jinyu HK. We received no comments 
regarding our preliminary finding and no requests for a public hearing 
from interested parties within the time period set forth in the 
Initiation and Preliminary Results.
---------------------------------------------------------------------------

    \4\ See ``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,'' 
88 FR 44588 (July 8, 2016) (Initiation and Preliminary Results).
---------------------------------------------------------------------------

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 this order 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
    (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

[[Page 56589]]

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 order 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.

Final Results of Changed Circumstances Review

    For the reasons stated in the Initiation and Preliminary Results, 
and because we received no comments from interested parties to the 
contrary, the Department continues to find that Sailun Jinyu HK is the 
successor-in-interest to Jinyu HK. As a result of this determination, 
we find that Sailun Jinyu HK should receive the AD cash deposit rate 
previously assigned to Jinyu HK in the AD Order for passenger tires 
from the PRC.\5\ Consequently, the Department will instruct U.S. 
Customs and Border Protection to suspend liquidation of all shipments 
of subject merchandise produced or exported by Sailun Jinyu HK and 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of this notice in the Federal Register at 0.00 
percent, which is the current AD cash deposit rate for Jinyu HK.\6\ 
This cash deposit requirement shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \5\ See AD Order.
    \6\ Jinyu HK (as part of the Sailun Group Co., Ltd.) received a 
cash deposit rate of 0.00 percent in the investigation of passenger 
tires from the PRC. See AD Order, at 47904. Because we determined 
that Sailun Jinyu HK is the successor-in-interest to Jinyu HK, we 
will assign Sailun Jinyu HK a cash deposit rate based on the amended 
final determination of that investigation.
---------------------------------------------------------------------------

    We are issuing this determination and publishing these final 
results and notice in accordance with sections 751(b)(1) and 777(i)(1) 
and (2) of the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: August 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-20023 Filed 8-19-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices                                                  56587

                                                    Office IV, Enforcement and Compliance,                  version of the Issues and Decision                    of 1930, as amended, and 19 CFR
                                                    International Trade Administration,                     Memorandum can be accessed directly                   351.214.
                                                    Department of Commerce, 1401                            at http://enforcement.trade.gov/frn/                    Dated: August 12, 2016.
                                                    Constitution Avenue NW., Washington,                    index.html. The signed Issues and                     Paul Piquado,
                                                    DC 20230; telephone: (202) 482–0989.                    Decision Memorandum and the
                                                                                                                                                                  Assistant Secretary for Enforcement and
                                                    SUPPLEMENTARY INFORMATION:                              electronic version of the Issues and                  Compliance.
                                                                                                            Decision Memorandum are identical in
                                                    Background                                              content. A list of the issues which                   Appendix—Issues and Decision
                                                       The Department published its                         parties raised is attached to this notice             Memorandum
                                                    Preliminary Results in this NSR on                      as an Appendix.                                       Summary
                                                    March 22, 2016.1 Subsequently, IMJ                      Rescission of New Shipper Review                      Background
                                                    filed a case brief on May 15, 2016 and                                                                        Scope of the Order
                                                    CP Kelco U.S. (Petitioner) filed a                         For the reasons explained in the                   Discussion of the Issues:
                                                    rebuttal brief on May 16, 2016.                         Issues and Decision Memorandum, the                     Comment 1: Whether IMJ Met the
                                                                                                            Department continues to find that IMJ’s                   Regulatory Requirements for Requesting
                                                    Scope of the Order                                      one sale is a non-bona fide sale. Because                 a New Shipper Review
                                                       The scope of the order covers dry                    the non-bona fide sale was the only                     Comment 2: Whether or not IMJ’s Sale was
                                                                                                            reported sale of subject merchandise                      a Bona Fide Sale
                                                    xanthan gum, whether or not coated or                                                                           Comment 3: IMJ’s March 24, 2016
                                                    blended with other products. Further,                   during the POR, and thus there are no
                                                                                                                                                                      Submission
                                                    xanthan gum is included in this order                   reviewable transactions, the Department               Recommendation
                                                    regardless of physical form, including,                 is rescinding this NSR.
                                                                                                                                                                  [FR Doc. 2016–20014 Filed 8–19–16; 8:45 am]
                                                    but not limited to, solutions, slurries,                Assessment                                            BILLING CODE 3510–DS–P
                                                    dry powders of any particle size, or
                                                    unground fiber. Merchandise covered by                    As the Department is rescinding this
                                                    the scope of this order is classified in                NSR, we have not calculated a
                                                                                                            company-specific dumping margin for                   DEPARTMENT OF COMMERCE
                                                    the Harmonized Tariff Schedule
                                                    (‘‘HTS’’) of the United States at                       IMJ. IMJ remains part of the PRC-wide
                                                                                                            entity and, accordingly, entries of its               International Trade Administration
                                                    subheading 3913.90.20. This tariff
                                                    classification is provided for                          subject merchandise will be assessed at               [A–570–016]
                                                    convenience and customs purposes;                       the PRC-wide rate.
                                                                                                                                                                  Certain Passenger Vehicle and Light
                                                    however, the written description of the                 Cash Deposit Requirements
                                                                                                                                                                  Truck Tires From the People’s
                                                    scope is dispositive.2                                    Effective upon publication of this                  Republic of China: Notice of Final
                                                    Analysis of Comments Received                           notice of final rescission of the NSR of              Results of Antidumping Duty Changed
                                                                                                            IMJ, the Department will instruct U.S.                Circumstances Review
                                                       All issues raised in the case and
                                                                                                            Customs and Border Protection to
                                                    rebuttal briefs by parties are addressed                                                                      AGENCY:   Enforcement and Compliance,
                                                                                                            discontinue the option of posting a bond
                                                    in the Issues and Decision                                                                                    International Trade Administration,
                                                                                                            or security in lieu of a cash deposit for
                                                    Memorandum.3 The Issues and Decision                                                                          Department of Commerce.
                                                                                                            entries of subject merchandise from IMJ.
                                                    Memorandum is a public document and                                                                           SUMMARY: On July 8, 2016, the
                                                                                                            IMJ continues to be part of the PRC-
                                                    is on file electronically via Enforcement                                                                     Department of Commerce (the
                                                                                                            wide entity, and subject to the PRC-
                                                    and Compliance’s Antidumping Duty                                                                             Department) published its notice of
                                                                                                            wide entity rate of 154.07 percent.4
                                                    and Countervailing Duty Centralized                                                                           initiation and preliminary results of a
                                                                                                            These cash deposit requirements shall
                                                    Electronic Service System (ACCESS).                                                                           changed circumstances review of the
                                                                                                            remain in effect until further notice.
                                                    ACCESS is available to registered users                                                                       antidumping duty (AD) order on certain
                                                    at http://access.trade.gov and in the                   Administrative Protective Order                       passenger vehicle and light truck tires
                                                    Central Records Unit, Room B8024 of                       This notice also serves as a reminder               (passenger tires) from the People’s
                                                    the main Department of Commerce                         to parties subject to Administrative                  Republic of China (PRC). In that notice,
                                                    building. In addition, a complete                       Protective Order (‘‘APO’’) of their                   we preliminarily determined that Sailun
                                                                                                            responsibility concerning the return or               Jinyu Group (HONG KONG) Co.,
                                                       1 See Xanthan Gum From the People’s Republic
                                                                                                            destruction of proprietary information                Limited (Sailun Jinyu HK) is the
                                                    of China: Preliminary Rescission of 2014–2015
                                                    Antidumping Duty New Shipper Review, 81 FR              disclosed under APO in accordance                     successor-in-interest to Jinyu
                                                    15240 (March 22, 2016) (‘‘Preliminary Results’’); see   with 19 CFR 351.305, which continues                  International Holding Co., Limited
                                                    also Memorandum to Abdelali Elouaradia, Director,       to govern business proprietary                        (Jinyu HK) for purposes of determining
                                                    Office IV, AD/CVD Operations, from Cara Lofaro          information in these segments of the
                                                    and Brandon Farlander, International Trade
                                                                                                                                                                  antidumping duty cash deposits and
                                                    Analysts, entitled ‘‘2014–2015 Antidumping Duty         proceeding. Timely written notification               liabilities. No interested party submitted
                                                    New Shipper Review of Xanthan Gum From the              of the return or destruction of APO                   comments regarding the initiation and
                                                    People’s Republic of China: Preliminary Bona Fide       materials, or conversion to judicial                  preliminary results. For these final
                                                    Sales Analysis for Inner Mongolia Jianlong              protective order, is hereby requested.
                                                    Biochemical Co., Ltd.,’’ dated March 15, 2016.
                                                                                                                                                                  results, the Department continues to
                                                       2 For a complete description of the scope of the     Failure to comply with the regulations                find that Sailun Jinyu HK is the
                                                    order, see the Memorandum from Christian Marsh,         and terms of an APO is a violation                    successor-in-interest to Jinyu HK.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Deputy Assistant Secretary for Antidumping and          which is subject to sanction.                         DATES: Effective August 22, 2016.
                                                    Countervailing Operations, to Paul Piquado,               We are issuing and publishing this
                                                    Assistant Secretary for Enforcement and                                                                       FOR FURTHER INFORMATION CONTACT: Toni
                                                    Compliance, entitled ‘‘Issues and Decision
                                                                                                            notice in accordance with sections                    Page, AD/CVD Operations, Office VII,
                                                    Memorandum for the Final Results of the                 751(a)(2)(B) and 777(i) of the Tariff Act             Enforcement and Compliance,
                                                    Antidumping Duty New Shipper Review of                                                                        International Trade Administration,
                                                    Xanthan Gum from the People’s Republic of China’’         4 See Xanthan Gum From the People’s Republic
                                                    issued concurrently with and hereby adopted by          of China: Amended Final Determination of Sales at
                                                                                                                                                                  U.S. Department of Commerce, 1401
                                                    this notice (‘‘Issues and Decision Memorandum’’).       Less Than Fair Value and Antidumping Duty Order,      Constitution Avenue NW., Washington,
                                                       3 Id.                                                78 FR 43143 (July 19, 2013).                          DC 20230; telephone: (202) 482–1398.


                                               VerDate Sep<11>2014   17:13 Aug 19, 2016   Jkt 238001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\22AUN1.SGM   22AUN1


                                                    56588                        Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices

                                                    SUPPLEMENTARY INFORMATION:                                 Subject tires have, at the time of                    (b) the designation ‘‘T’’ is molded into
                                                                                                            importation, the symbol ‘‘DOT’’ on the                the tire’s sidewall as part of the size
                                                    Background
                                                                                                            sidewall, certifying that the tire                    designation, and,
                                                       On August 10, 2015, the Department                   conforms to applicable motor vehicle                     (c) the tire’s speed rating is molded on
                                                    published in the Federal Register an AD                 safety standards. Subject tires may also              the sidewall, indicating the rated speed
                                                    order on passenger tires from the PRC.1                 have the following prefixes or suffix in              in MPH or a letter rating as listed by
                                                    On December 21, 2015, Jinyu HK, an                      their tire size designation, which also               Tire and Rim Association Year Book,
                                                    exporter of passenger tires covered by                  appears on the sidewall of the tire:                  and the rated speed is 81 MPH or a ‘‘M’’
                                                    this order, changed its name from Jinyu                    Prefix designations:                               rating;
                                                    HK to Sailun Jinyu HK. On February 23,                     P—Identifies a tire intended primarily                (6) tires designed and marketed
                                                    2016, Jinyu HK requested that the                       for service on passenger cars.                        exclusively for specialty tire (ST) use
                                                    Department conduct a changed                               LT—Identifies a tire intended                      which, in addition, exhibit each of the
                                                    circumstances review under section                      primarily for service on light trucks.                following conditions:
                                                    751(b) of the Tariff Act of 1930 (the                      Suffix letter designations:                           (a) the size designation molded on the
                                                    Act), as amended, 19 CFR 351.216, and                      LT—Identifies light truck tires for                tire’s sidewall is listed in the ST
                                                    19 CFR 351.221(c)(3).2 In this request,                 service on trucks, buses, trailers, and               sections of the Tire and Rim Association
                                                    Jinyu HK asked the Department to                        multipurpose passenger vehicles used                  Year Book,
                                                    determine that Sailun Jinyu HK it is the                in nominal highway service.                              (b) the designation ‘‘ST’’ is molded
                                                    successor-in-interest to Jinyu HK and,                     All tires with a ‘‘P’’ or ‘‘LT’’ prefix,           into the tire’s sidewall as part of the size
                                                    accordingly, to assign it Jinyu HK’s cash               and all tires with an ‘‘LT’’ suffix in their          designation,
                                                    deposit rate.3                                          sidewall markings are covered by this                    (c) the tire incorporates a warning,
                                                       On July 8, 2016, the Department                      investigation regardless of their
                                                    published its notice of initiation and                                                                        prominently molded on the sidewall,
                                                                                                            intended use.                                         that the tire is ‘‘For Trailer Service
                                                    preliminary results of this changed                        In addition, all tires that lack a ‘‘P’’ or
                                                    circumstances review, determining that                                                                        Only’’ or ‘‘For Trailer Use Only’’,
                                                                                                            ‘‘LT’’ prefix or suffix in their sidewall
                                                    Sailun Jinyu HK is the successor-in-                                                                             (d) the load index molded on the tire’s
                                                                                                            markings, as well as all tires that
                                                    interest to Jinyu HK.4 In the Initiation                                                                      sidewall meets or exceeds those load
                                                                                                            include any other prefix or suffix in
                                                    and Preliminary Results, we provided                                                                          indexes listed in the Tire and Rim
                                                                                                            their sidewall markings, are included in
                                                    all interested parties with an                                                                                Association Year Book for the relevant
                                                                                                            the scope, regardless of their intended
                                                    opportunity to comment and to request                                                                         ST tire size, and
                                                                                                            use, as long as the tire is of a size that
                                                    a public hearing regarding our                                                                                   (e) either
                                                                                                            is among the numerical size
                                                    preliminary finding that Sailun Jinyu                                                                            (i) the tire’s speed rating is molded on
                                                                                                            designations listed in the passenger car
                                                    HK is the successor-in-interest to Jinyu                                                                      the sidewall, indicating the rated speed
                                                                                                            section or light truck section of the Tire
                                                    HK. We received no comments                                                                                   in MPH or a letter rating as listed by
                                                                                                            and Rim Association Year Book, as
                                                    regarding our preliminary finding and                                                                         Tire and Rim Association Year Book,
                                                                                                            updated annually, unless the tire falls
                                                    no requests for a public hearing from                                                                         and the rated speed does not exceed 81
                                                                                                            within one of the specific exclusions set
                                                    interested parties within the time period                                                                     MPH or an ‘‘M’’ rating; or
                                                                                                            out below.
                                                    set forth in the Initiation and                            Passenger vehicle and light truck                     (ii) the tire’s speed rating molded on
                                                    Preliminary Results.                                    tires, whether or not attached to wheels              the sidewall is 87 MPH or an ‘‘N’’ rating,
                                                                                                            or rims, are included in the scope.                   and in either case the tire’s maximum
                                                    Scope of the Order                                                                                            pressure and maximum load limit are
                                                                                                            However, if a subject tire is imported
                                                       The products covered by the scope of                 attached to a wheel or rim, only the tire             molded on the sidewall and either
                                                    this order are passenger vehicle and                    is covered by the scope.                                 (1) both exceed the maximum
                                                    light truck tires. Passenger vehicle and                   Specifically excluded from the scope               pressure and maximum load limit for
                                                    light truck tires are new pneumatic tires,              are the following types of tires:                     any tire of the same size designation in
                                                    of rubber, with a passenger vehicle or                     (1) Racing car tires; such tires do not            either the passenger car or light truck
                                                    light truck size designation. Tires                     bear the symbol ‘‘DOT’’ on the sidewall               section of the Tire and Rim Association
                                                    covered by this order may be tube-type,                 and may be marked with ‘‘ZR’’ in size                 Year Book; or
                                                    tubeless, radial, or non-radial, and they               designation;                                             (2) if the maximum cold inflation
                                                    may be intended for sale to original                       (2) new pneumatic tires, of rubber, of             pressure molded on the tire is less than
                                                    equipment manufacturers or the                          a size that is not listed in the passenger            any cold inflation pressure listed for
                                                    replacement market.                                     car section or light truck section of the             that size designation in either the
                                                                                                            Tire and Rim Association Year Book;                   passenger car or light truck section of
                                                       1 See Certain Passenger Vehicle and Light Truck
                                                                                                               (3) pneumatic tires, of rubber, that are           the Tire and Rim Association Year
                                                    Tires From the People’s Republic of China:
                                                    Amended Final Affirmative Antidumping Duty              not new, including recycled and                       Book, the maximum load limit molded
                                                    Determination and Antidumping Duty Order; and           retreaded tires;                                      on the tire is higher than the maximum
                                                    Amended Final Affirmative Countervailing Duty              (4) non-pneumatic tires, such as solid             load limit listed at that cold inflation
                                                    Determination and Countervailing Duty Order, 80                                                               pressure for that size designation in
                                                    FR 47902 (August 10, 2015) (AD Order).
                                                                                                            rubber tires;
                                                       2 See letter from Jinyu HK entitled, ‘‘Jinyu            (5) tires designed and marketed                    either the passenger car or light truck
                                                    International Holding Co., Limited’s Request for a      exclusively as temporary use spare tires              section of the Tire and Rim Association
                                                                                                            for passenger vehicles which, in                      Year Book;
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Changed Circumstances Review in Certain
                                                    Passenger Vehicle and Light Truck Tires From the        addition, exhibit each of the following                  (7) tires designed and marketed
                                                    People’s Republic of China, Case No. A–570–016,’’
                                                    at 1 (February 23, 2016) (CCR Request).                 physical characteristics:                             exclusively for off-road use and which,
                                                       3 Id.                                                   (a) the size designation and load                  in addition, exhibit each of the
                                                       4 See ‘‘Notice of Initiation and Preliminary         index combination molded on the tire’s                following physical characteristics:
                                                    Results of Antidumping Duty Changed                     sidewall are listed in Table PCT–1B                      (a) the size designation and load
                                                    Circumstances Review: Certain Passenger Vehicle
                                                    and Light Truck Tires from the People’s Republic
                                                                                                            (‘‘T’’ Type Spare Tires for Temporary                 index combination molded on the tire’s
                                                    of China,’’ 88 FR 44588 (July 8, 2016) (Initiation      Use on Passenger Vehicles) of the Tire                sidewall are listed in the off-the-road,
                                                    and Preliminary Results).                               and Rim Association Year Book,                        agricultural, industrial or ATV section


                                               VerDate Sep<11>2014   17:13 Aug 19, 2016   Jkt 238001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\22AUN1.SGM   22AUN1


                                                                                 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices                                              56589

                                                    of the Tire and Rim Association Year                    requirement shall remain in effect until              the contact listed above (see FOR
                                                    Book,                                                   further notice.                                       FURTHER INFORMATION CONTACT).
                                                      (b) in addition to any size designation                 We are issuing this determination and
                                                    markings, the tire incorporates a                                                                             Background
                                                                                                            publishing these final results and notice
                                                    warning, prominently molded on the                      in accordance with sections 751(b)(1)                    Sections 101(a)(5)(A) and (D) of the
                                                    sidewall, that the tire is ‘‘Not For                    and 777(i)(1) and (2) of the Act and 19               MMPA (16 U.S.C. 1361 et seq.) direct
                                                    Highway Service’’ or ‘‘Not for Highway                  CFR 351.216 and 351.221(c)(3).                        the Secretary of Commerce to allow,
                                                    Use’’,                                                                                                        upon request, the incidental, but not
                                                                                                              Dated: August 15, 2016.
                                                      (c) the tire’s speed rating is molded on                                                                    intentional, taking of small numbers of
                                                                                                            Paul Piquado,                                         marine mammals by U.S. citizens who
                                                    the sidewall, indicating the rated speed
                                                    in MPH or a letter rating as listed by the              Assistant Secretary for Enforcement and               engage in a specified activity (other than
                                                    Tire and Rim Association Year Book,                     Compliance.                                           commercial fishing) within a specified
                                                    and the rated speed does not exceed 55                  [FR Doc. 2016–20023 Filed 8–19–16; 8:45 am]           geographical region if certain findings
                                                    MPH or a ‘‘G’’ rating, and                              BILLING CODE 3510–DS–P                                are made and either regulations are
                                                      (d) the tire features a recognizable off-                                                                   issued or, if the taking is limited to
                                                    road tread design.                                                                                            harassment, a notice of a proposed
                                                      The products covered by the order are                 DEPARTMENT OF COMMERCE                                authorization is provided to the public
                                                    currently classified under the following                                                                      for review.
                                                    Harmonized Tariff Schedule of the                       National Oceanic and Atmospheric                         An authorization for incidental
                                                    United States (HTSUS) subheadings:                      Administration                                        takings shall be granted if NMFS finds
                                                    4011.10.10.10, 4011.10.10.20,                           RIN 0648–XE435                                        that the taking will have a negligible
                                                    4011.10.10.30, 4011.10.10.40,                                                                                 impact on the species or stock(s), will
                                                    4011.10.10.50, 4011.10.10.60,                           Takes of Marine Mammals Incidental to                 not have an unmitigable adverse impact
                                                    4011.10.10.70, 4011.10.50.00,                           Specified Activities; Taking Marine                   on the availability of the species or
                                                    4011.20.10.05, and 4011.20.50.10. Tires                 Mammals Incidental to Site                            stock(s) for subsistence uses (where
                                                    meeting the scope description may also                  Characterization Surveys off the Coast                relevant), and if the permissible
                                                    enter under the following HTSUS                         of Massachusetts                                      methods of taking and requirements
                                                    subheadings: 4011.99.45.10,                                                                                   pertaining to the mitigation, monitoring
                                                    4011.99.45.50, 4011.99.85.10,                           AGENCY:  National Marine Fisheries
                                                                                                                                                                  and reporting of such takings are set
                                                    4011.99.85.50, 8708.70.45.45,                           Service (NMFS), National Oceanic and
                                                                                                                                                                  forth. NMFS has defined ‘‘negligible
                                                    8708.70.45.60, 8708.70.60.30,                           Atmospheric Administration (NOAA),
                                                                                                                                                                  impact’’ in 50 CFR 216.103 as ‘‘an
                                                    8708.70.60.45, and 8708.70.60.60. While                 Commerce.
                                                                                                                                                                  impact resulting from the specified
                                                    HTSUS subheadings are provided for                      ACTION: Notice; issuance of an incidental             activity that cannot be reasonably
                                                    convenience and for customs purposes,                   harassment authorization.                             expected to, and is not reasonably likely
                                                    the written description of the subject                                                                        to, adversely affect the species or stock
                                                                                                            SUMMARY:   In accordance with
                                                    merchandise is dispositive.                                                                                   through effects on annual rates of
                                                                                                            regulations implementing the Marine
                                                    Final Results of Changed Circumstances                  Mammal Protection Act (MMPA),                         recruitment or survival.’’
                                                    Review                                                  notification is hereby given that NMFS                   Except with respect to certain
                                                                                                            has issued an Incidental Harassment                   activities not pertinent here, section
                                                       For the reasons stated in the Initiation                                                                   3(18) of the MMPA defines
                                                    and Preliminary Results, and because                    Authorization (IHA) to Bay State Wind
                                                                                                            LLC (Bay State Wind) to take marine                   ‘‘harassment’’ as: Any act of pursuit,
                                                    we received no comments from                                                                                  torment, or annoyance which (i) has the
                                                    interested parties to the contrary, the                 mammals, by harassment, incidental to
                                                                                                            high-resolution geophysical (HRG) and                 potential to injure a marine mammal or
                                                    Department continues to find that                                                                             marine mammal stock in the wild (Level
                                                    Sailun Jinyu HK is the successor-in-                    geotechnical survey investigations
                                                                                                            associated with marine site                           A harassment); or (ii) has the potential
                                                    interest to Jinyu HK. As a result of this                                                                     to disturb a marine mammal or marine
                                                    determination, we find that Sailun Jinyu                characterization activities off the coast
                                                                                                            of Massachusetts in the area of the                   mammal stock in the wild by causing
                                                    HK should receive the AD cash deposit                                                                         disruption of behavioral patterns,
                                                    rate previously assigned to Jinyu HK in                 Commercial Lease of Submerged Lands
                                                                                                            for Renewable Energy Development on                   including, but not limited to, migration,
                                                    the AD Order for passenger tires from                                                                         breathing, nursing, breeding, feeding, or
                                                    the PRC.5 Consequently, the Department                  the Outer Continental Shelf (OCS–A
                                                                                                            0500) (the Lease Area).                               sheltering (Level B harassment).
                                                    will instruct U.S. Customs and Border
                                                    Protection to suspend liquidation of all                DATES: Effective August 13, 2016,                     Summary of Request
                                                    shipments of subject merchandise                        through August 12, 2017.                                On December 4, 2015, NMFS received
                                                    produced or exported by Sailun Jinyu                    FOR FURTHER INFORMATION CONTACT: John                 an application from Bay State Wind for
                                                    HK and entered, or withdrawn from                       Fiorentino, Office of Protected                       the taking of marine mammals
                                                    warehouse, for consumption on or after                  Resources, NMFS, (301) 427–8401.                      incidental to spring 2016 geophysical
                                                    the publication date of this notice in the              SUPPLEMENTARY INFORMATION:                            survey investigations off the coast of
                                                    Federal Register at 0.00 percent, which                                                                       Massachusetts in the OCS–A 0500 Lease
                                                    is the current AD cash deposit rate for                 Availability                                          Area, designated and offered by the U.S.
                                                    Jinyu HK.6 This cash deposit                              An electronic copy of Bay State                     Bureau of Ocean Energy Management
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Wind’s IHA application (the                           (BOEM), to support the development of
                                                      5 See AD Order.
                                                      6 Jinyu
                                                                                                            application) and supporting documents,                an offshore wind project. NMFS
                                                              HK (as part of the Sailun Group Co., Ltd.)
                                                    received a cash deposit rate of 0.00 percent in the     as well as a list of the references cited             determined that the application was
                                                    investigation of passenger tires from the PRC. See      in this document, may be obtained by                  adequate and complete on January 27,
                                                    AD Order, at 47904. Because we determined that          visiting the Internet at: http://                     2016. On January 20, 2016, Bay State
                                                    Sailun Jinyu HK is the successor-in-interest to Jinyu                                                         Wind submitted a separate request for
                                                    HK, we will assign Sailun Jinyu HK a cash deposit
                                                                                                            www.nmfs.noaa.gov/pr/permits/
                                                    rate based on the amended final determination of        incidental/. In case of problems                      the taking of marine mammals
                                                    that investigation.                                     accessing these documents, please call                incidental to proposed geotechnical


                                               VerDate Sep<11>2014   17:13 Aug 19, 2016   Jkt 238001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\22AUN1.SGM   22AUN1



Document Created: 2018-02-09 11:38:18
Document Modified: 2018-02-09 11:38:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective August 22, 2016.
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 56587 

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