81 FR 9428 - Truck and Bus Tires From the People's Republic of China: Initiation of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 37 (February 25, 2016)
International Trade Administration
Federal Register Volume 81, Issue 37 (February 25, 2016)
| Page Range | 9428-9432 | |
| FR Document | 2016-04063 |
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)] [Notices] [Pages 9428-9432] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04063] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-041] Truck and Bus Tires From the People's Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective: February 25, 2016. FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Mark Kennedy, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-2778, or (202) 482-1293, respectively. SUPPLEMENTARY INFORMATION: The Petition On January 29, 2016, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of certain truck and bus tires from the People's Republic of China (the PRC), filed in proper form by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (USW) (USW or the petitioner).\1\ The CVD petition was accompanied by an antidumping duty (AD) petition concerning imports of truck and bus tires from the PRC. The petitioner is a recognized union, which represents the domestic industry engaged in the manufacture of truck and bus tires in the United States. On February 3 and February 5, 2016, the Department requested additional information and clarification of certain areas of the Petition \2\ and on February 5 and February 9, 2016, the petitioner filed supplements to the Petition.\3\ --------------------------------------------------------------------------- \1\ See ``Petition for the Imposition of Countervailing Duties on Imports of Truck and Bus Tires from the People's Republic of China'' dated January 29, 2016 (the Petition). \2\ See Letters to the petitioner, ``Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Truck and Bus Tires from the People's Republic of China: Supplemental Questions'' dated February 3, 2016 (General Issues Supplemental Questions) and ``Petition for the Imposition of Countervailing Duties on Imports of Certain Truck and Bus Tires from the People's Republic of China: Supplemental Questions'' dated February 5, 2016 (CVD Supplemental Questions). \3\ See ``Petitioner's Response to the Department's February 3, 2016 Supplemental Questions Regarding General Issues'' dated February 5, 2016 (General Issues Supplement); see also ``Petitioner's Response to the Department's February 5 Supplemental Questions Regarding the Countervailing Duty Petition,'' dated February 9, 2016. --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that producers/exporters of truck and bus tires in the PRC received countervailable subsidies within the meaning of sections 701 and 771(5) of the Act, and that imports from these producers/exporters are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner in support of its allegations. The Department finds that the petitioner filed the petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(D) of the Act, and has demonstrated sufficient industry support with respect to the initiation of the CVD investigation that it is requesting.\4\ --------------------------------------------------------------------------- \4\ See ``Determination of Industry Support for the Petition'' section, below. --------------------------------------------------------------------------- Period of Investigation The period of investigation (POI) is calendar year 2015, in accordance with 19 CFR 351.204(b)(2). Scope of the Investigation The product covered by this investigation is truck and bus tires from the PRC. For a full description of the scope of the investigation, see the ``Scope of the Investigation'' at the Appendix of this notice. Comments on the Scope of the Investigation During our review of the petition, we issued questions to, and received responses from, the petitioner pertaining to the proposed scope in order to ensure that the language of the scope is an accurate reflection of the products for which the domestic industry is seeking relief.\5\ As discussed in the Preamble to our regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).\6\ The period for scope comments is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination. If scope [[Page 9429]] comments include factual information,\7\ all such factual information should be limited to public information. All such comments must be filed no later than 5:00 p.m. Eastern Time (ET) on Wednesday, March 9, 2016, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed no later than 5:00 p.m. ET on Monday, March 21, 2016, because 10 calendar days after the initial comments falls on Saturday, March 19, 2016.\8\ The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the records of the CVD investigation, as well as the concurrent AD investigation. --------------------------------------------------------------------------- \5\ See General Issues Supplemental Questionnaire; see also General Issues Supplement at 2 and Exhibit I-SQ-1, and the memorandum to the File entitled ``Phone Call with Counsel to the Petitioner'' dated February 12, 2016. \6\ See Antidumping Duties; Countervailing Duties (Final Rule); 62 FR 27296, 27323 (May 19, 1997). \7\ See 19 CFR 351.102(b)(21). \8\ See 19 CFR 351.303(b)(1) (``For both electronically filed and manually filed documents, if the applicable due date falls on a non-business day, the Secretary will accept documents that are filed on the next business day.'') --------------------------------------------------------------------------- Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically filed document must be received successfully in its entirety no later than 5:00 p.m. ET on the date specified by the Department. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/ Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadline.\9\ --------------------------------------------------------------------------- \9\ See 19 CFR 351.303(b); see also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of the Department's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, the Department notified representatives of the Government of the People's Republic of China (GOC) of the receipt of the Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the Department provided representatives of the GOC the opportunity for consultations with respect to the CVD petition. The GOC provided a document titled ``Consultations Points of the GOC,'' in lieu of holding consultations.\10\ --------------------------------------------------------------------------- \10\ See Memorandum to the File, ``Petition for the Imposition of Countervailing Duties on Certain Truck and Bus Tires from The People's Republic of China: Consultations Comments from the Government of China,'' (February 16, 2016). --------------------------------------------------------------------------- Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,\11\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\12\ --------------------------------------------------------------------------- \11\ See section 771(10) of the Act. \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that truck and bus tires constitute a single domestic like product and we have analyzed industry support in terms of that domestic like product.\13\ --------------------------------------------------------------------------- \13\ For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Truck and Bus Tires from the People's Republic of China (CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Truck and Bus Tires from the People's Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ``Scope of the Investigation,'' in Appendix I of this notice. To establish industry support, the petitioner estimated the 2015 production for each U.S. producer of truck and bus tires, by plant. The petitioner based its estimates of 2015 truck and bus tire production by plant on daily plant-specific production capacity data published in Modern Tire Dealer. The petitioner multiplied the daily production capacity data by 360 (to estimate annual capacity). The petitioner estimated 2015 truck and bus tire production in the United States using data on U.S. shipments, imports, and exports of truck and bus tires in 2015. To calculate a capacity utilization rate for the U.S. truck and bus tire industry in 2015, the petitioner compared estimated U.S. production of [[Page 9430]] truck and bus tires in 2015 to the 2015 U.S. capacity to produce truck and bus tires. To calculate total 2015 production of the domestic like product by the petitioning plants, the petitioner applied the estimated capacity utilization rate to the total annualized capacity of those plants represented by the USW. In order to provide a conservative calculation of total 2015 production of the domestic like product by the U.S. truck and bus tire industry, the petitioner assumed that all non-petitioning truck and bus tire plants (i.e., those not represented by the USW) operated at full capacity in 2015 and added the full production capacity of the non-petitioning plants to the estimated 2015 production of the plants represented by the USW. To calculate industry support, the petitioner divided the estimated 2015 production of the domestic like product for those plants represented by the USW by the estimated production of the domestic like product in 2015 for the entire U.S. truck and bus tires industry based on the conservative utilization assumption.\14\ We relied on data the petitioner provided for purposes of measuring industry support.\15\ --------------------------------------------------------------------------- \14\ See Volume I of the Petition, at I-6--I-8 and Exhibits I-1 and I-11; see also General Issues Supplement, at 2-9 and Exhibits I- SQ-2--I-SQ-18. \15\ Id. For further discussion, see CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- Our review of the data provided in the Petition, General Issues Supplement, and other information readily available to the Department indicates that the petitioner has established industry support.\16\ First, the Petition established support from workers accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).\17\ Second, the workers have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the workers who support the Petition account for at least 25 percent of the total production of the domestic like product.\18\ Finally, the workers have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the workers who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.\19\ Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \16\ See CVD Initiation Checklist, at Attachment II. \17\ See section 702(c)(4)(D) of the Act; see also CVD Initiation Checklist, at Attachment II. \18\ See CVD Initiation Checklist, at Attachment II. \19\ Id. --------------------------------------------------------------------------- The Department finds that the petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(D) of the Act and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department initiate.\20\ --------------------------------------------------------------------------- \20\ Id. --------------------------------------------------------------------------- Injury Test Because the PRC is a ``Subsidies Agreement Country'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\21\ --------------------------------------------------------------------------- \21\ See Volume I of the Petition, at I-15 and Exhibit I-17. --------------------------------------------------------------------------- The petitioner contends that the industry's injured condition is illustrated by reduced market share; underselling and price depression or suppression; decline in shipments; shift in the domestic industry's sales from the U.S. market to lower priced export markets; potential declines in capacity utilization, employment, and profitability; lost sales and revenues; and adverse impact on union contract negotiations.\22\ We assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.\23\ --------------------------------------------------------------------------- \22\ Id., at I-12, I-15 through I-32 and Exhibits I-2, I-10, I- 17 through I-30. \23\ See CVD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Truck and Bus Tires from the People's Republic of China. --------------------------------------------------------------------------- Initiation of Countervailing Duty Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. The petitioner alleges that producers/exporters of truck and bus tires in the PRC benefit from countervailable subsidies bestowed by the GOC. The Department examined the Petition on truck and bus tires from the PRC and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether producers/exporters of truck and bus tires in the PRC receive countervailable subsidies. For a discussion of evidence supporting our initiation determination, see the CVD Initiation Checklist which accompanies this notice. On June 29, 2015, the President of the United States signed into law the Trade Preferences Extension Act of 2015, which made numerous amendments to the AD and CVD law.\24\ The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.\25\ The amendments to sections 771(15), 773, 776, and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.\26\ --------------------------------------------------------------------------- \24\ See Trade Preferences Extension Act of 2015, Public Law 114-27, 129 Stat. 362 (2015). \25\ See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015). \26\ Id. at 46794-95. The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. --------------------------------------------------------------------------- Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation of 38 of the 39 alleged programs. For a full discussion of the basis of our decision to initiate or not initiate on each program, see the CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. [[Page 9431]] In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection Following standard practice in CVD investigations, the Department intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of truck and bus tires during the period of investigation under the appropriate Harmonized Tariff Schedule of the U.S. numbers listed in the scope of Appendix I, below. We intend to release CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO within five business days of publication of this Federal Register notice. Interested parties wishing to comment regarding the CBP data and/or respondent selection must do so within seven calendar days after the placement of the CBP data on the record of this investigation. Parties wishing to submit rebuttal comments should submit those comments five calendar days after the deadline for the initial comments. An electronically-filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. ET by the date noted above. We intend to make our decision regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act, and 19 CFR 351.202(f), a copy of the petition, which is publicly available in its entirety, has been provided to the Government of the PRC via ACCESS. To the extent practicable, we will attempt to provide a copy of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of truck and bus tires from the PRC are materially injuring, or threatening material injury to, a U.S. industry.\27\ A negative ITC determination will result in the investigation being terminated.\28\ Otherwise, this investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \27\ See section 703(a) of the Act. \28\ Id. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)-(iv). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted \29\ and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.\30\ Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Please review the regulations prior to submitting factual information in this investigation. --------------------------------------------------------------------------- \29\ See 19 CFR 351.301(b). \30\ See 19 CFR 351.301(b)(2). --------------------------------------------------------------------------- Extension of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351 expires. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits.\31\ --------------------------------------------------------------------------- \31\ See 19 FR 351.302(c). See also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. --------------------------------------------------------------------------- Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\32\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.\33\ The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. --------------------------------------------------------------------------- \32\ See section 782(b) of the Act. \33\ See 19 CFR 351.303(g). See also Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at the following: http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed in 19 CFR 351.103(d)). This notice is issued and published pursuant to section 777(i) of the Act and 19 CFR 351.203(c). Dated: February 18, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The scope of the investigation covers truck and bus tires. Truck and bus tires are new pneumatic tires, of rubber, with a truck or bus size designation. Truck and bus tires covered by this investigation may be tube-type, tubeless, radial, or non-radial. Subject tires have, at the time of importation, the symbol ``DOT'' on the [[Page 9432]] sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have one of the following suffixes in their tire size designation, which also appear on the sidewall of the tire: TR--Identifies tires for service on trucks or buses to differentiate them from similarly sized passenger car and light truck tires; MH--Identifies tires for mobile homes; and HC--Identifies a 17.5 inch rim diameter code for use on low platform trailers. All tires with a ``TR,'' ``MH,'' or ``HC'' suffix in their size designations are covered by this investigation regardless of their intended use. In addition, all tires that lack one of the above suffix markings are included in the scope, regardless of their intended use, as long as the tire is of a size that is among the numerical size designations listed in the ``Truck-Bus'' section of the Tire and Rim Association Year Book, as updated annually, unless the tire falls within one of the specific exclusions set out below. Truck and bus tires, whether or not mounted on wheels or rims, are included in the scope. However, if a subject tire is imported mounted on a wheel or rim, only the tire is covered by the scope. Subject merchandise includes truck and bus tires produced in the subject country whether mounted on wheels or rims in the subject country or in a third country. Truck and bus tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter attached to a vehicle are not covered by the scope. Specifically excluded from the scope of this investigation are the following types of tires: (1) Pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; and (2) non- pneumatic tires, such as solid rubber tires. The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1015 and 4011.20.5020. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.99.4520, 4011.99.4590, 4011.99.8520, 4011.99.8590, 8708.70.4530, 8708.70.6030, and 8708.70.6060. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. [FR Doc. 2016-04063 Filed 2-24-16; 8:45 am] BILLING CODE 3510-DS-P
![9428 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
238.95 percent).6 Consequently, the DEPARTMENT OF COMMERCE In accordance with section 702(b)(1)
Department will instruct U.S. Customs of the Tariff Act of 1930, as amended
and Border Protection to continue International Trade Administration (the Act), the petitioner alleges that
suspension of liquidation and to collect producers/exporters of truck and bus
[C–570–041] tires in the PRC received
estimated antidumping duties for all
shipments of subject merchandise Truck and Bus Tires From the People’s countervailable subsidies within the
produced by DelSolar Wujiang and Republic of China: Initiation of meaning of sections 701 and 771(5) of
exported by Neo Solar at the current Countervailing Duty Investigation the Act, and that imports from these
cash deposit rate currently applicable to producers/exporters are materially
such entries, i.e., the cash deposit rate AGENCY: Enforcement and Compliance, injuring, or threatening material injury
of 238.95 percent assigned to the PRC- International Trade Administration, to, an industry in the United States.
wide entity.7 This cash deposit Department of Commerce. Also, consistent with section 702(b)(1)
DATES: Effective: February 25, 2016. of the Act, the Petition is accompanied
requirement shall remain in effect until
by information reasonably available to
further notice. FOR FURTHER INFORMATION CONTACT:
the petitioner in support of its
Jennifer Shore or Mark Kennedy, AD/ allegations.
Notification to Parties
CVD Operations, Office I, Enforcement The Department finds that the
This notice is the only reminder to and Compliance, International Trade petitioner filed the petition on behalf of
parties subject to administrative Administration, U.S. Department of the domestic industry because the
protective order (‘‘APO’’) of their Commerce, 1401 Constitution Avenue petitioner is an interested party as
responsibility concerning the NW., Washington, DC 20230; telephone defined in section 771(9)(D) of the Act,
disposition of proprietary information (202) 482–2778, or (202) 482–1293, and has demonstrated sufficient
disclosed under APO in accordance respectively. industry support with respect to the
with 19 CFR 351.305(a)(3). Timely SUPPLEMENTARY INFORMATION: initiation of the CVD investigation that
written notification of the return or it is requesting.4
The Petition
destruction of APO materials or Period of Investigation
conversion to judicial protective order is On January 29, 2016, the Department
hereby requested. Failure to comply of Commerce (the Department) received The period of investigation (POI) is
with the regulations and terms of an a countervailing duty (CVD) petition calendar year 2015, in accordance with
APO is a sanctionable violation. concerning imports of certain truck and 19 CFR 351.204(b)(2).
bus tires from the People’s Republic of
The Department is issuing and China (the PRC), filed in proper form by Scope of the Investigation
publishing these results in accordance the United Steel, Paper and Forestry, The product covered by this
with sections 751(b)(1) and 777(i) of the Rubber, Manufacturing, Energy, Allied investigation is truck and bus tires from
Tariff Act of 1930, as amended, and 19 Industrial and Service Workers the PRC. For a full description of the
CFR 351.216 and 19 CFR International Union, AFL–CIO, CLC scope of the investigation, see the
351.221(c)(3)(i). (USW) (USW or the petitioner).1 The ‘‘Scope of the Investigation’’ at the
Dated: February 17, 2016. CVD petition was accompanied by an Appendix of this notice.
antidumping duty (AD) petition
Ronald K. Lorentzen, Comments on the Scope of the
concerning imports of truck and bus
Acting Assistant Secretary for Enforcement Investigation
tires from the PRC. The petitioner is a
and Compliance. recognized union, which represents the During our review of the petition, we
Appendix domestic industry engaged in the issued questions to, and received
manufacture of truck and bus tires in responses from, the petitioner
List of Topics Discussed in the Issues and the United States. On February 3 and pertaining to the proposed scope in
Decision Memorandum February 5, 2016, the Department order to ensure that the language of the
I. Summary requested additional information and scope is an accurate reflection of the
II. Background clarification of certain areas of the products for which the domestic
III. Scope of the Order Petition 2 and on February 5 and industry is seeking relief.5 As discussed
IV. Discussion of Issues February 9, 2016, the petitioner filed in the Preamble to our regulations, we
V. Summary of Findings supplements to the Petition.3 are setting aside a period for interested
VI. Recommendation parties to raise issues regarding product
[FR Doc. 2016–04061 Filed 2–24–16; 8:45 am] 1 See ‘‘Petition for the Imposition of coverage (scope).6 The period for scope
Countervailing Duties on Imports of Truck and Bus comments is intended to provide the
BILLING CODE 3510–DS–P
Tires from the People’s Republic of China’’ dated
January 29, 2016 (the Petition).
Department with ample opportunity to
2 See Letters to the petitioner, ‘‘Petition for the consider all comments and to consult
Imposition of Antidumping and Countervailing with parties prior to the issuance of the
Duties on Imports of Truck and Bus Tires from the preliminary determination. If scope
People’s Republic of China: Supplemental
Questions’’ dated February 3, 2016 (General Issues
Supplemental Questions) and ‘‘Petition for the Countervailing Duty Petition,’’ dated February 9,
Imposition of Countervailing Duties on Imports of 2016.
mstockstill on DSK4VPTVN1PROD with NOTICES
4 See ‘‘Determination of Industry Support for the
Certain Truck and Bus Tires from the People’s
6 See Crystalline Silicon Photovoltaic Cells, Republic of China: Supplemental Questions’’ dated Petition’’ section, below.
February 5, 2016 (CVD Supplemental Questions). 5 See General Issues Supplemental Questionnaire;
Whether or Not Assembled Into Modules, From the 3 See ‘‘Petitioner’s Response to the Department’s see also General Issues Supplement at 2 and Exhibit
People’s Republic of China: Final Results of I–SQ–1, and the memorandum to the File entitled
February 3, 2016 Supplemental Questions
Antidumping Duty Administrative Review and Regarding General Issues’’ dated February 5, 2016 ‘‘Phone Call with Counsel to the Petitioner’’ dated
Final Determination of No Shipments; 2012–2013, (General Issues Supplement); see also ‘‘Petitioner’s February 12, 2016.
80 FR 40998 (July 14, 2015). Response to the Department’s February 5 6 See Antidumping Duties; Countervailing Duties
7 Id. Supplemental Questions Regarding the (Final Rule); 62 FR 27296, 27323 (May 19, 1997).
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![9432 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
sidewall, certifying that the tire conforms to DEPARTMENT OF COMMERCE listed in Annex 3.25 are commercially
applicable motor vehicle safety standards. unavailable fabrics, yarns, and fibers.
Subject tires may also have one of the International Trade Administration Articles containing these items are
following suffixes in their tire size entitled to duty-free or preferential
designation, which also appear on the Proposed Information Collection; treatment despite containing inputs not
sidewall of the tire: Comment Request; Interim Procedures produced in Panama or the United
TR—Identifies tires for service on trucks or for Considering Requests Under the States.
buses to differentiate them from similarly Commercial Availability Provision of The list of commercially unavailable
sized passenger car and light truck tires; the United States-Panama Trade fabrics, yarns, and fibers may be
MH—Identifies tires for mobile homes; and Promotion Agreement (U.S.-Panama changed pursuant to the commercial
HC—Identifies a 17.5 inch rim diameter TPA) availability provision in Chapter 3,
code for use on low platform trailers. Article 3.25, Paragraphs 4–6 of the
AGENCY: International Trade
All tires with a ‘‘TR,’’ ‘‘MH,’’ or ‘‘HC’’ Agreement. Under this provision,
Administration.
suffix in their size designations are covered interested entities from Panama or the
ACTION: Notice.
by this investigation regardless of their United States have the right to request
intended use. SUMMARY: On behalf of the Committee that a specific fabric, yarn, or fiber be
In addition, all tires that lack one of the for the Implementation of Textile added to, or removed from, the list of
above suffix markings are included in the Agreements (CITA), the Department of commercially unavailable fabrics, yarns,
scope, regardless of their intended use, as Commerce, as part of its continuing and fibers in Annex 3.25 of the
long as the tire is of a size that is among the effort to reduce paperwork and Agreement.
numerical size designations listed in the respondent burden, invites the general Pursuant to Chapter 3, Article 3.25,
‘‘Truck-Bus’’ section of the Tire and Rim public and other Federal agencies to paragraph 6 of the Agreement, which
Association Year Book, as updated annually, take this opportunity to comment on requires that the President publish
unless the tire falls within one of the specific proposed and/or continuing information procedures for parties to exercise the
exclusions set out below. collections, as required by the right to make these requests, Section
Truck and bus tires, whether or not Paperwork Reduction Act of 1995. 203(o)(4) of the Act authorizes the
mounted on wheels or rims, are included in President to establish procedures to
DATES: Written comments must be
the scope. However, if a subject tire is modify the list of fabrics, yarns, or fibers
submitted on or before April 25, 2016.
imported mounted on a wheel or rim, only not available in commercial quantities
the tire is covered by the scope. Subject ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental in a timely manner in either the United
merchandise includes truck and bus tires States or Panama as set out in Annex
produced in the subject country whether Paperwork Clearance Officer,
Department of Commerce, Room 6616, 3.25 of the Agreement. The President
mounted on wheels or rims in the subject delegated the responsibility for
country or in a third country. Truck and bus 14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the publishing the procedures and
tires are covered whether or not they are administering commercial availability
accompanied by other parts, e.g., a wheel, Internet at JJessup@doc.gov).
requests to the Committee for the
rim, axle parts, bolts, nuts, etc. Truck and bus FOR FURTHER INFORMATION CONTACT:
Implementation of Textile Agreements
tires that enter attached to a vehicle are not Requests for additional information or (‘‘CITA’’), which issues procedures and
covered by the scope. copies of the information collection acts on requests through the U.S.
Specifically excluded from the scope of instrument and instructions should be Department of Commerce, Office of
this investigation are the following types of directed to Laurie Mease, Office of Textiles and Apparel (‘‘OTEXA’’) (See
tires: (1) Pneumatic tires, of rubber, that are Textiles and Apparel, Telephone: 202– Proclamation No. 8894, 77 FR 66507,
not new, including recycled and retreaded 482–2043, Email: Laurie.Mease@ November 5, 2012).
tires; and (2) non-pneumatic tires, such as trade.gov. The intent of the U.S.-Panama TPA
solid rubber tires. SUPPLEMENTARY INFORMATION: Commercial Availability Procedures is
The subject merchandise is currently to foster the use of U.S. and regional
classifiable under Harmonized Tariff I. Abstract products by implementing procedures
Schedule of the United States (HTSUS) Title II, Section 203(o) of the United that allow products to be placed on or
subheadings: 4011.20.1015 and States-Panama Trade Promotion removed from a product list, on a timely
4011.20.5020. Tires meeting the scope Agreement Implementation Act (the basis, and in a manner that is consistent
description may also enter under the ‘‘Act’’) [Pub. L. 112–43] implements the with normal business practice. The
following HTSUS subheadings: commercial availability provision procedures are intended to facilitate the
4011.99.4520, 4011.99.4590, 4011.99.8520, provided for in Article 3.25 of the transmission of requests; allow the
4011.99.8590, 8708.70.4530, 8708.70.6030, United States-Panama Trade Promotion market to indicate the availability of the
and 8708.70.6060. Agreement (the ‘‘Agreement’’). The supply of products that are the subject
While HTSUS subheadings are provided Agreement entered into force on of requests; make available promptly, to
for convenience and for customs purposes,
October 31, 2012. Subject to the rules of interested entities and the public,
the written description of the subject
origin in Annex 4.1 of the Agreement, information regarding the requests for
merchandise is dispositive.
pursuant to the textile provisions of the products and offers received for those
[FR Doc. 2016–04063 Filed 2–24–16; 8:45 am] Agreement, fabric, yarn, and fiber products; ensure wide participation by
BILLING CODE 3510–DS–P produced in Panama or the United interested entities and parties; allow for
mstockstill on DSK4VPTVN1PROD with NOTICES
States and traded between the two careful review and consideration of
countries are entitled to duty-free tariff information provided to substantiate
treatment. Annex 3.25 of the Agreement requests and responses; and provide
also lists specific fabrics, yarns, and timely public dissemination of
fibers that the two countries agreed are information used by CITA in making
not available in commercial quantities commercial availability determinations.
in a timely manner from producers in CITA must collect certain information
Panama or the United States. The items about fabric, yarn, or fiber technical
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Document Created: 2018-02-02 14:35:01
Document Modified: 2018-02-02 14:35:01
| 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: February 25, 2016. | |
| Contact | Jennifer Shore or Mark Kennedy, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-2778, or (202) 482-1293, respectively. | |
| FR Citation | 81 FR 9428 |
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