81 FR 76560 - New Pneumatic Off-The-Road Tires From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 213 (November 3, 2016)
International Trade Administration
Federal Register Volume 81, Issue 213 (November 3, 2016)
| Page Range | 76560-76561 | |
| FR Document | 2016-26587 |
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)] [Notices] [Pages 76560-76561] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26587] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-912] New Pneumatic Off-The-Road Tires From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce DATES: Effective November 3, 2016. SUMMARY: On September 20, 2016, the Department of Commerce (``the Department'') received a timely request for a new shipper review (``NSR'') of the antidumping duty (``AD'') order on new pneumatic off- the-road tires (``OTR Tires'') from the People's Republic of China (``PRC''). The Department has determined that the request meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for this NSR is September 1, 2015, through August 31, 2016. FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-7814. SUPPLEMENTARY INFORMATION: Background The AD order on OTR Tires from the PRC was published in the Federal Register on September 4, 2008.\1\ On September 20, 2016, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.214(b), the Department received a NSR request from The Carlstar Group LLC (``Carlstar Group''), Carlisle (Meizhou) Rubber Manufacturing Co., Ltd. (``Carlisle Meizhou''), and CTP Distribution (HK) Limited (``CTP'') (collectively, ``Carlstar Companies'').\2\ Carlstar Companies certified that CTP is the exporter of the subject merchandise upon which the request is based and that its affiliate, Carlisle Meizhou, is the producer of the subject merchandise.\3\ --------------------------------------------------------------------------- \1\ See New Pneumatic Off-The-Road Tires from the People's Republic of China: Antidumping Duty Order, 73 FR 51624 (September 4, 2008) (``Order''). \2\ See Letter from Carlstar Companies, ``Entry of Appearance and Request for New Shipper Review: New Pneumatic Off-The-Road Tires from the People's Republic of China,'' dated September 20, 2016 (``NSR Request''). \3\ Id., at 1 and Exhibit 1. --------------------------------------------------------------------------- Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Carlstar Companies certified that it did not export subject merchandise to the United States during the period of investigation (``POI'').\4\ Further, Carlstar Companies certified that it is the producer of the subject merchandise upon which the request is based.\5\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Carlstar Companies certified that, since the initiation of the investigation, it has never been affiliated with any PRC exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation.\6\ As required by 19 CFR 351.214(b)(2)(iii)(B), Carlstar Companies also certified that its export activities were not controlled by the government of the PRC.\7\ --------------------------------------------------------------------------- \4\ Id., at 3. \5\ Id. \6\ Id. \7\ Id. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Carlstar Companies submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; \8\ and (3) the date of its first sale to an unaffiliated customer in the United States.\9\ --------------------------------------------------------------------------- \8\ Id., at 4, where the Carlstar Companies stated that it had no subsequent shipments. \9\ Id., at Exhibits 2-6. --------------------------------------------------------------------------- Finally, the Department conducted a U.S. Customs and Border Protection (``CBP'') database query and confirmed the price, quantity, date of sale, and date of entry of Carlstar Companies' sales, as well as that the shipment reported by Carlstar had entered the United States for consumption and that liquidation had been properly suspended for antidumping duties.\10\ However, the Department has concerns with certain information contained in the CBP entry data, and intends to address these, and any remaining issues, after initiation of this NSR. The continuation of the new shipper review will be contingent upon confirmation of the information reported in the review request. --------------------------------------------------------------------------- \10\ See Memorandum to the File from Alex Rosen, Analyst ``U.S. Customs and Border Protection Import Data,'' dated October 19, 2016. --------------------------------------------------------------------------- Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a NSR initiated in the month immediately following the anniversary month will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR is September 1, 2015, through August 31, 2016.\11\ Based on the information provided by Carlstar Companies, the subject merchandise upon which Carlstar Companies' NSR request is based entered the United States during this twelve-month POR.\12\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.214(g)(1)(ii)(B). \12\ See NSR Request at 3. --------------------------------------------------------------------------- Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 19 CFR 351.214(d)(1), and based on the evidence provided by Carlstar Companies, we find that its request meets the threshold requirements for initiation of the NSR for shipments of OTR Tires from the PRC produced by Carlisle Meizhou and exported by CTP.\13\ If the information supplied by Carlstar Companies is found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review for Carlstar Companies or apply facts available pursuant to section 776 of the Act, depending on the facts on record. --------------------------------------------------------------------------- \13\ See Memorandum to the File, from Alex Rosen, Analyst, ``Initiation of Antidumping Duty New Shipper Review: New Pneumatic Off-The-Road Tires from the People's Republic of China New Shipper Initiation Checklist,'' dated concurrently with this notice. --------------------------------------------------------------------------- Absent a determination that the new shipper review is extraordinarily complicated, the Department intends to issue the preliminary results of this NSR within 180 days from the date of initiation and the final results within 90 days after the date on which the preliminary results are issued.\14\ --------------------------------------------------------------------------- \14\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). --------------------------------------------------------------------------- It is the Department's usual practice, in cases involving non- market economies (``NMEs''), to require that a company seeking to establish eligibility for an antidumping duty rate separate from the NME entity-wide rate provide evidence of de jure and de facto absence of government control over the company's export activities.\15\ Accordingly, we will issue questionnaires to Carlstar Companies that will include a section requesting information concerning CTP's eligibility for a separate rate. The NSR will proceed if the responses provide [[Page 76561]] sufficient indication that CTP is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. --------------------------------------------------------------------------- \15\ See Import Administration Policy Bulletin, Number: 05.1. (http://ia.ita.doc.gov/policy/bull05-1.pdf). --------------------------------------------------------------------------- On February 24, 2016, the President signed into law the Trade Facilitation and Trade Enforcement Act of 2015, H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this NSR in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.\16\ --------------------------------------------------------------------------- \16\ Notably, the Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct CBP to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of an NSR. --------------------------------------------------------------------------- Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i). Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-26587 Filed 11-2-16; 8:45 am] BILLING CODE 3510-DS-P
![76560 Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices
accordance with 15 CFR part 4 subpart the exporter of the subject merchandise Period of Review
B. upon which the request is based and In accordance with 19 CFR
Michael J. Toland,
that its affiliate, Carlisle Meizhou, is the 351.214(g)(1)(i)(A), the POR for a NSR
producer of the subject merchandise.3 initiated in the month immediately
Department of Commerce, Deputy Chief FOIA
Officer, Department Privacy Act Officer. Pursuant to section 751(a)(2)(B)(i)(I) of following the anniversary month will be
[FR Doc. 2016–26516 Filed 11–2–16; 8:45 am] the Act and 19 CFR 351.214(b)(2)(i), the twelve-month period immediately
BILLING CODE 3510–DT–P Carlstar Companies certified that it did preceding the anniversary month.
not export subject merchandise to the Therefore, the POR is September 1,
United States during the period of 2015, through August 31, 2016.11 Based
DEPARTMENT OF COMMERCE investigation (‘‘POI’’).4 Further, Carlstar on the information provided by Carlstar
Companies certified that it is the Companies, the subject merchandise
International Trade Administration producer of the subject merchandise upon which Carlstar Companies’ NSR
[A–570–912] upon which the request is based.5 In request is based entered the United
addition, pursuant to section States during this twelve-month POR.12
New Pneumatic Off-The-Road Tires 751(a)(2)(B)(i)(II) of the Act and 19 CFR Initiation of New Shipper Review
From the People’s Republic of China: 351.214(b)(2)(iii)(A), Carlstar Companies
Initiation of Antidumping Duty New Pursuant to section 751(a)(2)(B) of the
certified that, since the initiation of the
Shipper Review; 2015–2016 Act, 19 CFR 351.214(b), and 19 CFR
investigation, it has never been affiliated
351.214(d)(1), and based on the
AGENCY: Enforcement and Compliance, with any PRC exporter or producer who
evidence provided by Carlstar
International Trade Administration, exported subject merchandise to the Companies, we find that its request
Department of Commerce United States during the POI, including meets the threshold requirements for
DATES: Effective November 3, 2016. those respondents not individually initiation of the NSR for shipments of
examined during the investigation.6 As OTR Tires from the PRC produced by
SUMMARY: On September 20, 2016, the
Department of Commerce (‘‘the required by 19 CFR 351.214(b)(2)(iii)(B), Carlisle Meizhou and exported by
Department’’) received a timely request Carlstar Companies also certified that its CTP.13 If the information supplied by
for a new shipper review (‘‘NSR’’) of the export activities were not controlled by Carlstar Companies is found to be
antidumping duty (‘‘AD’’) order on new the government of the PRC.7 incorrect or insufficient during the
pneumatic off-the-road tires (‘‘OTR In addition to the certifications course of this proceeding, the
Tires’’) from the People’s Republic of described above, pursuant to 19 CFR Department may rescind the review for
China (‘‘PRC’’). The Department has 351.214(b)(2)(iv), Carlstar Companies Carlstar Companies or apply facts
determined that the request meets the submitted documentation establishing available pursuant to section 776 of the
statutory and regulatory requirements the following: (1) The date on which it Act, depending on the facts on record.
for initiation. The period of review first shipped subject merchandise for Absent a determination that the new
(‘‘POR’’) for this NSR is September 1, export to the United States; (2) the shipper review is extraordinarily
2015, through August 31, 2016. volume of its first shipment; 8 and (3) complicated, the Department intends to
FOR FURTHER INFORMATION CONTACT: Alex the date of its first sale to an unaffiliated issue the preliminary results of this NSR
Rosen, AD/CVD Operations, Office III, customer in the United States.9 within 180 days from the date of
Enforcement and Compliance, initiation and the final results within 90
Finally, the Department conducted a days after the date on which the
International Trade Administration,
U.S. Customs and Border Protection preliminary results are issued.14
U.S. Department of Commerce, 1401
(‘‘CBP’’) database query and confirmed It is the Department’s usual practice,
Constitution Avenue NW., Washington,
the price, quantity, date of sale, and date in cases involving non-market
DC 20230; telephone: 202–482–7814.
of entry of Carlstar Companies’ sales, as economies (‘‘NMEs’’), to require that a
SUPPLEMENTARY INFORMATION:
well as that the shipment reported by company seeking to establish eligibility
Background Carlstar had entered the United States for an antidumping duty rate separate
The AD order on OTR Tires from the for consumption and that liquidation from the NME entity-wide rate provide
PRC was published in the Federal had been properly suspended for evidence of de jure and de facto absence
Register on September 4, 2008.1 On antidumping duties.10 However, the of government control over the
September 20, 2016, pursuant to section Department has concerns with certain company’s export activities.15
751(a)(2)(B)(i) of the Tariff Act of 1930, information contained in the CBP entry Accordingly, we will issue
as amended (‘‘the Act’’), and 19 CFR data, and intends to address these, and questionnaires to Carlstar Companies
351.214(b), the Department received a any remaining issues, after initiation of that will include a section requesting
NSR request from The Carlstar Group this NSR. The continuation of the new information concerning CTP’s eligibility
LLC (‘‘Carlstar Group’’), Carlisle shipper review will be contingent upon for a separate rate. The NSR will
(Meizhou) Rubber Manufacturing Co., confirmation of the information proceed if the responses provide
Ltd. (‘‘Carlisle Meizhou’’), and CTP reported in the review request.
11 See 19 CFR 351.214(g)(1)(ii)(B).
Distribution (HK) Limited (‘‘CTP’’) 12 See NSR Request at 3.
(collectively, ‘‘Carlstar Companies’’).2 3 Id., at 1 and Exhibit 1. 13 See Memorandum to the File, from Alex Rosen,
4 Id., at 3.
Carlstar Companies certified that CTP is Analyst, ‘‘Initiation of Antidumping Duty New
mstockstill on DSK3G9T082PROD with NOTICES
5 Id.
Shipper Review: New Pneumatic Off-The-Road
6 Id.
1 See New Pneumatic Off-The-Road Tires from Tires from the People’s Republic of China New
7 Id.
the People’s Republic of China: Antidumping Duty Shipper Initiation Checklist,’’ dated concurrently
8 Id., at 4, where the Carlstar Companies stated with this notice.
Order, 73 FR 51624 (September 4, 2008) (‘‘Order’’).
2 See Letter from Carlstar Companies, ‘‘Entry of that it had no subsequent shipments. 14 See section 751(a)(2)(B)(iv) of the Act and 19
9 Id., at Exhibits 2–6. CFR 351.214(i).
Appearance and Request for New Shipper Review:
New Pneumatic Off-The-Road Tires from the 10 See Memorandum to the File from Alex Rosen, 15 See Import Administration Policy Bulletin,
People’s Republic of China,’’ dated September 20, Analyst ‘‘U.S. Customs and Border Protection Number: 05.1. (http://ia.ita.doc.gov/policy/bull05-
2016 (‘‘NSR Request’’). Import Data,’’ dated October 19, 2016. 1.pdf).
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![Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices 76561
sufficient indication that CTP is not Commerce and other agencies on major Trade Finance Advisory Council
subject to either de jure or de facto issues impacting this area. The final Designated Federal Officer, via email to
government control with respect to its agenda will be posted on the TFAC@trade.gov ; or (b) Paper
exports of subject merchandise. Department of Commerce Web site for Submissions: Send paper statements to
On February 24, 2016, the President the Council at http://trade.gov/tfac/, at Ericka Ukrow, U.S. Department of
signed into law the Trade Facilitation least one week in advance of the Commerce Trade Finance Advisory
and Trade Enforcement Act of 2015, meeting. Council Designated Federal Officer,
H.R. 644, which made several DATES: Friday, November 18, 2016, from Room 18002, 1401 Constitution Avenue
amendments to section 751(a)(2)(B) of approximately 9:00 a.m. to 12:00 p.m. NW., Washington, DC 20230.
the Act. We will conduct this NSR in Eastern Standard Time (EST). Statements will be posted on the TFAC
accordance with section 751(a)(2)(B) of Web site without change, including any
FOR FURTHER INFORMATION CONTACT:
the Act, as amended by the Trade business or personal information
Ericka Ukrow, Designated Federal
Facilitation and Trade Enforcement Act provided such as names, addresses,
Officer, Office of Finance and Insurance
of 2015.16 email addresses, or telephone numbers.
Interested parties requiring access to Industries (OFII), International Trade
All statements received, including
proprietary information in this NSR Administration, U.S. Department of
attachments and other supporting
should submit applications for Commerce at (202) 482–0405; email:
materials, are part of the public record
disclosure under administrative Ericka.Ukrow@trade.gov.
and are subject to public disclosure.
protective order, in accordance with 19 SUPPLEMENTARY INFORMATION:
You should submit only information
CFR 351.305 and 19 CFR 351.306. I. Background that you wish to make publicly
This initiation and notice are in available.
accordance with section 751(a)(2)(B) of On July 25, 2016, the Secretary of
the Act, 19 CFR 351.214, and 19 CFR Commerce established the TFAC III. Meeting Minutes
351.221(c)(1)(i). pursuant to discretionary authority and
Copies of TFAC meeting minutes will
in accordance with the Federal
Christian Marsh,
be available within 30 days following
Advisory Committee Act, as amended, 5
the meeting.
Deputy Assistant Secretary for Antidumping U.S.C. App. The TFAC advises the
and Countervailing Duty Operations. Secretary of Commerce in identifying Dated: October 27, 2016.
[FR Doc. 2016–26587 Filed 11–2–16; 8:45 am] effective ways to help expand access to Paul Thanos
BILLING CODE 3510–DS–P finance for U.S. exporters, especially Director, Office of Finance and Insurance
small- and medium-sized enterprises Industries.
(SMEs) and their foreign buyers. The [FR Doc. 2016–26572 Filed 11–2–16; 8:45 am]
DEPARTMENT OF COMMERCE TFAC also provides a forum to facilitate BILLING CODE P
the discussion between a diverse group
International Trade Administration of stakeholders such as banks, non-bank
financial institutions, other trade DEPARTMENT OF COMMERCE
U.S. Department of Commerce Trade
finance related organizations, and
Finance Advisory Council International Trade Administration
exporters, to gain a better understanding
AGENCY: International Trade regarding current challenges facing U.S. [A–570–979]
Administration, U.S. Department of exporters in accessing capital.
Commerce. On November 18, 2016, the TFAC will Initiation and Preliminary Results of
ACTION: Notice of an Open Meeting. hold its inaugural meeting. Members Antidumping Duty Changed
will be sworn-in, discuss the Council’s Circumstances Review: Crystalline
SUMMARY: The U.S. Department of operational structure, major challenges Silicon Photovoltaic Cells, Whether or
Commerce Trade Finance Advisory impacting the provision of trade finance Not Assembled Into Modules, From the
Council (TFAC) will hold its inaugural as well as prospects to foster greater People’s Republic of China
meeting on Friday, November 18, 2016, access to private sector financing for
at the U.S. Department of Commerce U.S. exporters, and key priorities to AGENCY: Enforcement and Compliance,
Library, in Washington, DC. The focus on during their term. Members International Trade Administration,
meeting is open to the public with will also hear from officials from the Department of Commerce.
registration instructions provided Department of Commerce and other SUMMARY: The Department of Commerce
below. agencies on the resources available to (the ‘‘Department’’) is simultaneously
The TFAC was chartered on August support our exporters in the trade initiating, and issuing the preliminary
11, 2016, to advise the Secretary in finance area. The agenda may change to results, of a changed circumstances
identifying effective ways to help accommodate TFAC requirements. The review of the antidumping duty (‘‘AD’’)
expand access to finance for U.S. final agenda will be posted on the order on crystalline silicon photovoltaic
exporters, especially small and medium- Department of Commerce Web site for cells, whether or not assembled into
sized enterprises, and their foreign the Council http://trade.gov/tfac/ at modules, (‘‘solar cells’’) from the
buyers. At the meeting, members will be least a week prior to the meeting. People’s Republic of China (‘‘PRC’’)
sworn-in and will begin a discussion of regarding whether Zhejiang ERA Solar
the work they will undertake during II. Public Participation Technology Co., Ltd (‘‘Zhejiang ERA’’)
their term. They will also be briefed by The public is invited to submit is the successor-in-interest to Era Solar
mstockstill on DSK3G9T082PROD with NOTICES
officials from the Department of written statements for the TFAC’s Co., Ltd (‘‘Era Solar’’). Based on the
meeting. Statements must be received information on the record, we
16 Notably, the Trade Facilitation and Trade by 5:00 p.m. EST, November 11, 2016 by preliminarily determine that Zhejiang
Enforcement Act of 2015 removed from section either of the following methods: (a) ERA is the successor-in-interest to Era
751(a)(2)(B) of the Act the provision directing the
Department to instruct CBP to allow an importer the
Electronic Submission: Submit Solar for purposes of the AD order on
option of posting a bond or security in lieu of a cash statements electronically to Ericka solar cells from the PRC and, as such,
deposit during the pendency of an NSR. Ukrow, U.S. Department of Commerce is entitled to Zhejiang ERA’s cash
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Document Created: 2016-11-03 03:23:53
Document Modified: 2016-11-03 03:23:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective November 3, 2016. | |
| Contact | Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-7814. | |
| FR Citation | 81 FR 76560 |
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