82_FR_12595 82 FR 12553 - Certain New Pneumatic Off-the-Road Tires From India: Antidumping Duty Order

82 FR 12553 - Certain New Pneumatic Off-the-Road Tires From India: Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 42 (March 6, 2017)

Page Range12553-12555
FR Document2017-04432

Based on an affirmative amended final determination by the Department of Commerce (the Department) and an affirmative final determination by the International Trade Commission (the ITC), the Department is issuing an antidumping duty order on certain new pneumatic off-the-road tires (off road tires) from India.

Federal Register, Volume 82 Issue 42 (Monday, March 6, 2017)
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12553-12555]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04432]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-869]


Certain New Pneumatic Off-the-Road Tires From India: Antidumping 
Duty Order

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

SUMMARY: Based on an affirmative amended final determination by the 
Department of Commerce (the Department) and an affirmative final 
determination by the International Trade Commission (the ITC), the 
Department is issuing an antidumping duty order on certain new 
pneumatic off-the-road tires (off road tires) from India.

DATES: Effective March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 or (202) 
482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 17, 
2017, the Department published its final negative determination of 
sales at less-than-fair-value (LTFV) with respect to off-the-road tires 
from India.\1\ Pursuant to section 735(e) of the Act and 19 CFR 
351.224(e), which provide for the correction of ministerial errors, on 
February 2, 2017, the Department published its affirmative amended 
final determination of sales at LTFV.\2\ On February 23, 2017, the ITC 
notified the Department of its final determination that an industry in 
the United States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of off road 
tires from India.\3\
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    \1\ See Certain New Pneumatic Off-the-Road Tires from India: 
Final Negative Determination of Sales at Less Than Fair Value and 
Final Determination of Critical Circumstances, 82 FR 4848 (January 
17, 2017).
    \2\ See Certain New Pneumatic Off-the-Road Tires from India: 
Affirmative Amended Final Determination of Sales at Less Than Fair 
Value and Final Negative Determination of Critical Circumstances, 82 
FR 9056 (February 2, 2017) (Amended Final Determination).
    \3\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding off the road tires from the India and Sri Lanka (February 
23, 2017). See also Certain New Pneumatic Off-the-Road Tires from 
India and Sri Lanka, Investigation Nos. 
701[hyphen]TA[hyphen]552[hyphen]553 and 731[hyphen]TA[hyphen]1308 
(Final), USITC Publication 4669 (February 2017).
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Scope of the Order

    The products covered by this order are off road tires, which are 
tires with an off road tire size designation. For a complete 
description of the scope of the order, see Appendix I.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC notified the Department of its final determination that the 
industry in the United States producing off road tires is materially 
injured by reason of the LTFV imports of off road tires from India.\4\ 
Therefore, in accordance with section 735(c)(2) of the Act, we are 
publishing this antidumping duty order.
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    \4\ Id.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (CBP) to assess, upon further instruction by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of off-road 
tires from India. Antidumping duties will be assessed on unliquidated 
entries of off road tires from India entered, or withdrawn from 
warehouse, for consumption on or after February 2, 2017, the date of 
publication of the Amended Final Determination.\5\
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    \5\ Amended Final Determination.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of off road tires from India. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
estimated weighted-average dumping margins indicated below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the estimated weighted-average 
antidumping duty margins listed below.\6\ The all-others rate applies 
to all producers or exporters not specifically listed. For the purposes 
of determining cash deposit rates, the estimated weighted-average 
dumping margins for imports of subject merchandise from India have been 
adjusted for export subsidies found in the amended final determination 
of the companion countervailing duty investigation of this merchandise 
(i.e., 4.72 percent).\7\
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    \6\ See Section 736(a)(3) of the Act.
    \7\ See Certain New Pneumatic Off-the-Road Tires from India and 
Sri Lanka: Amended Final Affirmative Countervailing Duty 
Determination for India and Countervailing Duty Orders, dated 
concurrently with this notice.
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average antidumping duty margin percentages 
are as follows:

[[Page 12554]]



------------------------------------------------------------------------
                                                                 Cash
                                                 Weighted-     deposit
                                                  average        rate
              Exporter/ producer                  dumping      adjusted
                                                   margin    for subsidy
                                                 (percent)      offset
                                                              (percent)
------------------------------------------------------------------------
ATC Tires Private Ltd.........................         3.67         0.00
All-Others....................................         3.67         0.00
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
off road tires from India pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: March 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Order

    The scope of the order is certain new pneumatic off-the-road 
tires (off-road tires). Off-road tires are tires with an off road 
tire size designation. The tires included in the scope may be either 
tube-type \8\ or tubeless, radial, or non-radial, regardless of 
whether for original equipment manufacturers or the replacement 
market.
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    \8\ While tube-type tires are subject to the scope of these 
proceedings, tubes and flaps are not subject merchandise and 
therefore are not covered by the scope of these proceedings, 
regardless of the manner in which they are sold (e.g., sold with or 
separately from subject merchandise).
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    Subject tires may have the following prefix or suffix 
designation, which appears on the sidewall of the tire:
    Prefix designations:
    DH--Identifies a tire intended for agricultural and logging 
service which must be mounted on a DH drop center rim.
    VA--Identifies a tire intended for agricultural and logging 
service which must be mounted on a VA multipiece rim.
    IF--Identifies an agricultural tire to operate at 20 percent 
higher rated load than standard metric tires at the same inflation 
pressure.
    VF--Identifies an agricultural tire to operate at 40 percent 
higher rated load than standard metric tires at the same inflation 
pressure.
    Suffix designations:
    ML--Mining and logging tires used in intermittent highway 
service.
    DT--Tires primarily designed for sand and paver service.
    NHS--Not for Highway Service.
    TG--Tractor Grader, off-the-road tire for use on rims having 
bead seats with nominal +0.188'' diameter (not for highway service).
    K--Compactor tire for use on 5[deg] drop center or semi-drop 
center rims having bead seats with nominal minus 0.032 diameter.
    IND--Drive wheel tractor tire used in industrial service.
    SL--Service limited to agricultural usage.
    FI--Implement tire for agricultural towed highway service.
    CFO--Cyclic Field Operation.
    SS--Differentiates tires for off-highway vehicles such as mini 
and skid-steer loaders from other tires which use similar size 
designations such as 7.00-15TR and 7.00-15NHS, but may use different 
rim bead seat configurations.
    All tires marked with any of the prefixes or suffixes listed 
above in their sidewall markings are covered by the scope regardless 
of their intended use.
    In addition, all tires that lack any of the prefixes or suffixes 
listed above 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 
following sections of the Tire and Rim Association Year Book, as 
updated annually, unless the tire falls within one of the specific 
exclusions set forth below. The sections of the Tire and Rim 
Association Year Book listing numerical size designations of covered 
certain off road tires include:
    The table of mining and logging tires included in the section on 
Truck-Bus tires;
    The entire section on Off-the-Road tires;
    The entire section on Agricultural tires; and
    The following tables in the section on Industrial/ATV/Special 
Trailer tires:
     Industrial, Mining, Counterbalanced Lift Truck (Smooth 
Floors Only);
     Industrial and Mining (Other than Smooth Floors);
     Construction Equipment;
     Off-the-Road and Counterbalanced Lift Truck (Smooth 
Floors Only);
     Aerial Lift and Mobile Crane; and
     Utility Vehicle and Lawn and Garden Tractor.
    Certain off road 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 certain off road tires produced 
in the subject countries whether mounted on wheels or rims in a 
subject country or in a third country. Certain off road tires are 
covered whether or not they are accompanied by other parts, e.g., a 
wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires 
that enter attached to a vehicle are not covered by the scope.
    Specifically excluded from the scope are passenger vehicle and 
light truck tires, racing tires, mobile home tires, motorcycle 
tires, all-terrain vehicle tires, bicycle tires, on-road or on-
highway trailer tires, and truck and bus tires. Such tires generally 
have in common that the symbol ``DOT'' must appear on the sidewall, 
certifying that the tire conforms to applicable motor vehicle safety 
standards. Such excluded tires may also have the following prefixes 
and suffixes included as part of the size designation on their 
sidewalls:
    Prefix letter designations:
    AT--Identifies a tire intended for service on All-Terrain 
Vehicles;
    P--Identifies a tire intended primarily for service on passenger 
cars;
    LT--Identifies a tire intended primarily for service on light 
trucks;
    T--Identifies a tire intended for one-position ``temporary use'' 
as a spare only; and
    ST--Identifies a special tire for trailers in highway service.
    Suffix letter designations:
    TR--Identifies a tire for service on trucks, buses, and other 
vehicles with rims having specified rim diameter of nominal plus 
0.156'' or plus 0.250'';
    MH--Identifies tires for Mobile Homes;
    HC--Identifies a heavy duty tire designated for use on ``HC'' 
15'' tapered rims used on trucks, buses, and other vehicles. This 
suffix is intended to differentiate among tires for light trucks, 
and other vehicles or other services, which use a similar 
designation.
    Example: 8R17.5 LT, 8R17.5 HC;
    LT--Identifies light truck tires for service on trucks, buses, 
trailers, and multipurpose passenger vehicles used in nominal 
highway service;
    ST--Special tires for trailers in highway service; and
    M/C--Identifies tires and rims for motorcycles.
    The following types of tires are also excluded from the scope: 
Pneumatic tires that are not new, including recycled or retreaded 
tires and used tires; non-pneumatic tires, including solid rubber 
tires; aircraft tires; and turf, lawn and garden, and golf tires. 
Also excluded from the scope are mining and construction tires that 
have a rim diameter equal to or exceeding 39 inches. Such tires may 
be distinguished from other tires of similar size by the number of 
plies that the construction and mining tires contain (minimum of 16) 
and the weight of such tires (minimum 1500 pounds).
    The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 
4011.70.0010, 4011.62.0000, 4011.80.1010, 4011.80.1020, 
4011.90.1050, 4011.70.0050, 4011.80.2010, 4011.80.8010, 
4011.80.2020, 4011.80.8020, 8431.49.9038, 8431.49.9090, 
8709.90.0020, and 8716.90.1020.\9\ Tires meeting the scope 
description may also enter under the following HTSUS subheadings: 
4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000, 
8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0020, 
8432.90.0040, 8432.90.0050, 8432.90.0060, 8432.90.0081, 
8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500, 
8708.70.4530, 8716.90.5035, 8716.90.5056 and 8716.90.5059.\10\ While

[[Page 12555]]

HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the subject merchandise is dispositive.
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    \9\ Prior to January 1, 2017, subject merchandise was 
classifiable under the following HTSUS numbers which have been 
deleted or discontinued: 4011.61.0000, 4011.63.0000, 4011.69.0050, 
4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, and 
4011.94.8000.
    \10\ Prior to January 1, 2017, tires meeting the scope 
description may also enter under the following HTSUS subheadings 
which have been deleted or discontinued: 4011.99.4550, 4011.99.8550, 
8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, and 
8716.90.5055.

[FR Doc. 2017-04432 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                   Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices                                                     12553

                                                    accordance with 19 CFR 351.303(f)(l)(i),                DATES:   Effective March 6, 2017.                      India.4 Therefore, in accordance with
                                                    a copy of each request must be served                   FOR FURTHER INFORMATION CONTACT:   Lilit               section 735(c)(2) of the Act, we are
                                                    on the petitioner and each exporter or                  Astvatsatrian or Trisha Tran, AD/CVD                   publishing this antidumping duty order.
                                                    producer specified in the request.                      Operations, Office IV, Enforcement and                   As a result of the ITC’s final
                                                      The Department will publish in the                    Compliance, International Trade                        determination, in accordance with
                                                    Federal Register a notice of ‘‘Initiation               Administration, U.S. Department of                     section 736(a)(1) of the Act, the
                                                    of Administrative Review of                             Commerce, 1401 Constitution Avenue                     Department will direct U.S. Customs
                                                    Antidumping or Countervailing Duty                      NW., Washington, DC 20230; telephone:                  and Border Protection (CBP) to assess,
                                                    Order, Finding, or Suspended                            (202) 482–6412 or (202) 482–4852,                      upon further instruction by the
                                                    Investigation’’ for requests received by                respectively.                                          Department, antidumping duties equal
                                                    the last day of March 2017. If the                                                                             to the amount by which the normal
                                                                                                            SUPPLEMENTARY INFORMATION:                             value of the merchandise exceeds the
                                                    Department does not receive, by the last
                                                    day of March 2017, a request for review                 Background                                             export price (or constructed export
                                                    of entries covered by an order, finding,                                                                       price) of the merchandise, for all
                                                                                                               In accordance with sections 735(d)
                                                    or suspended investigation listed in this                                                                      relevant entries of off-road tires from
                                                                                                            and 777(i)(1) of the Tariff Act of 1930,
                                                    notice and for the period identified                                                                           India. Antidumping duties will be
                                                                                                            as amended (the Act), and 19 CFR
                                                    above, the Department will instruct CBP                                                                        assessed on unliquidated entries of off
                                                                                                            351.210(c), on January 17, 2017, the
                                                    to assess antidumping or countervailing                                                                        road tires from India entered, or
                                                                                                            Department published its final negative
                                                    duties on those entries at a rate equal to                                                                     withdrawn from warehouse, for
                                                                                                            determination of sales at less-than-fair-
                                                    the cash deposit of (or bond for)                                                                              consumption on or after February 2,
                                                                                                            value (LTFV) with respect to off-the-
                                                    estimated antidumping or                                                                                       2017, the date of publication of the
                                                                                                            road tires from India.1 Pursuant to
                                                    countervailing duties required on those                                                                        Amended Final Determination.5
                                                                                                            section 735(e) of the Act and 19 CFR
                                                    entries at the time of entry, or                        351.224(e), which provide for the                      Continuation of Suspension of
                                                    withdrawal from warehouse, for                          correction of ministerial errors, on                   Liquidation
                                                    consumption and to continue to collect                  February 2, 2017, the Department
                                                    the cash deposit previously ordered.                                                                              In accordance with section
                                                                                                            published its affirmative amended final                735(c)(1)(B) of the Act, the Department
                                                      For the first administrative review of                determination of sales at LTFV.2 On
                                                    any order, there will be no assessment                                                                         will instruct CBP to continue to suspend
                                                                                                            February 23, 2017, the ITC notified the                liquidation on all relevant entries of off
                                                    of antidumping or countervailing duties                 Department of its final determination
                                                    on entries of subject merchandise                                                                              road tires from India. These instructions
                                                                                                            that an industry in the United States is               suspending liquidation will remain in
                                                    entered, or withdrawn from warehouse,                   materially injured within the meaning
                                                    for consumption during the relevant                                                                            effect until further notice.
                                                                                                            of section 735(b)(1)(A)(i) of the Act, by                 We will also instruct CBP to require
                                                    provisional-measures ‘‘gap’’ period of                  reason of the LTFV imports of off road
                                                    the order, if such a gap period is                                                                             cash deposits equal to the estimated
                                                                                                            tires from India.3                                     weighted-average dumping margins
                                                    applicable to the period of review.
                                                      This notice is not required by statute                Scope of the Order                                     indicated below. Accordingly, effective
                                                    but is published as a service to the                                                                           on the date of publication of the ITC’s
                                                                                                              The products covered by this order                   final affirmative injury determinations,
                                                    international trading community.                        are off road tires, which are tires with               CBP will require, at the same time as
                                                      Dated: February 27, 2017.                             an off road tire size designation. For a               importers would normally deposit
                                                    James Maeder,                                           complete description of the scope of the               estimated duties on this subject
                                                    Senior Director, Office I for Antidumping and           order, see Appendix I.                                 merchandise, a cash deposit equal to the
                                                    Countervailing Duty Operations.                         Antidumping Duty Order                                 estimated weighted-average
                                                    [FR Doc. 2017–04280 Filed 3–3–17; 8:45 am]                                                                     antidumping duty margins listed
                                                                                                              In accordance with sections
                                                    BILLING CODE 3510–DS–P                                                                                         below.6 The all-others rate applies to all
                                                                                                            735(b)(1)(A)(i) and 735(d) of the Act, the
                                                                                                                                                                   producers or exporters not specifically
                                                                                                            ITC notified the Department of its final
                                                                                                                                                                   listed. For the purposes of determining
                                                    DEPARTMENT OF COMMERCE                                  determination that the industry in the
                                                                                                                                                                   cash deposit rates, the estimated
                                                                                                            United States producing off road tires is
                                                                                                                                                                   weighted-average dumping margins for
                                                    International Trade Administration                      materially injured by reason of the
                                                                                                                                                                   imports of subject merchandise from
                                                                                                            LTFV imports of off road tires from
                                                    [A–533–869]                                                                                                    India have been adjusted for export
                                                                                                              1 See Certain New Pneumatic Off-the-Road Tires
                                                                                                                                                                   subsidies found in the amended final
                                                    Certain New Pneumatic Off-the-Road                      from India: Final Negative Determination of Sales      determination of the companion
                                                    Tires From India: Antidumping Duty                      at Less Than Fair Value and Final Determination        countervailing duty investigation of this
                                                    Order                                                   of Critical Circumstances, 82 FR 4848 (January 17,     merchandise (i.e., 4.72 percent).7
                                                                                                            2017).
                                                    AGENCY:   Enforcement and Compliance,                     2 See Certain New Pneumatic Off-the-Road Tires       Estimated Weighted-Average Dumping
                                                    International Trade Administration,                     from India: Affirmative Amended Final                  Margins
                                                    Department of Commerce.                                 Determination of Sales at Less Than Fair Value and
                                                                                                            Final Negative Determination of Critical                 The estimated weighted-average
                                                    SUMMARY: Based on an affirmative                        Circumstances, 82 FR 9056 (February 2, 2017)           antidumping duty margin percentages
                                                    amended final determination by the                      (Amended Final Determination).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                   are as follows:
                                                                                                              3 See Letter to Ronald Lorentzen, Acting Assistant
                                                    Department of Commerce (the
                                                                                                            Secretary of Commerce for Enforcement and
                                                    Department) and an affirmative final                    Compliance, from Rhonda K. Schmidtlein,
                                                                                                                                                                     4 Id.

                                                    determination by the International                      Chairman of the U.S. International Trade
                                                                                                                                                                     5 Amended   Final Determination.
                                                    Trade Commission (the ITC), the                         Commission, regarding off the road tires from the        6 See Section 736(a)(3) of the Act.
                                                    Department is issuing an antidumping                    India and Sri Lanka (February 23, 2017). See also        7 See Certain New Pneumatic Off-the-Road Tires

                                                                                                            Certain New Pneumatic Off-the-Road Tires from          from India and Sri Lanka: Amended Final
                                                    duty order on certain new pneumatic                     India and Sri Lanka, Investigation Nos.                Affirmative Countervailing Duty Determination for
                                                    off-the-road tires (off road tires) from                701-TA-552-553 and 731-TA-1308 (Final), USITC          India and Countervailing Duty Orders, dated
                                                    India.                                                  Publication 4669 (February 2017).                      concurrently with this notice.



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                                                    12554                           Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

                                                                                                Cash              K—Compactor tire for use on 5° drop                  Prefix letter designations:
                                                                            Weighted-          deposit         center or semi-drop center rims having bead             AT—Identifies a tire intended for service
                                                                             average             rate          seats with nominal minus 0.032 diameter.             on All-Terrain Vehicles;
                                                        Exporter/                                                 IND—Drive wheel tractor tire used in                 P—Identifies a tire intended primarily for
                                                                            dumping           adjusted
                                                        producer             margin          for subsidy       industrial service.                                  service on passenger cars;
                                                                            (percent)           offset            SL—Service limited to agricultural usage.            LT—Identifies a tire intended primarily for
                                                                                              (percent)           FI—Implement tire for agricultural towed          service on light trucks;
                                                                                                               highway service.                                        T—Identifies a tire intended for one-
                                                    ATC Tires Pri-                                                CFO—Cyclic Field Operation.                       position ‘‘temporary use’’ as a spare only;
                                                       vate Ltd .........           3.67                0.00      SS—Differentiates tires for off-highway           and
                                                    All-Others ..........           3.67                0.00   vehicles such as mini and skid-steer loaders            ST—Identifies a special tire for trailers in
                                                                                                               from other tires which use similar size              highway service.
                                                    Notification to Interested Parties                         designations such as 7.00–15TR and 7.00–                Suffix letter designations:
                                                                                                               15NHS, but may use different rim bead seat              TR—Identifies a tire for service on trucks,
                                                      This notice constitutes the                              configurations.                                      buses, and other vehicles with rims having
                                                    antidumping duty order with respect to                        All tires marked with any of the prefixes         specified rim diameter of nominal plus
                                                    off road tires from India pursuant to                      or suffixes listed above in their sidewall           0.156″ or plus 0.250″;
                                                    section 736(a) of the Act. Interested                      markings are covered by the scope regardless            MH—Identifies tires for Mobile Homes;
                                                                                                               of their intended use.                                  HC—Identifies a heavy duty tire designated
                                                    parties can find a list of antidumping
                                                                                                                  In addition, all tires that lack any of the       for use on ‘‘HC’’ 15″ tapered rims used on
                                                    duty orders currently in effect at http://                 prefixes or suffixes listed above in their           trucks, buses, and other vehicles. This suffix
                                                    enforcement.trade.gov/stats/                               sidewall markings are included in the scope,         is intended to differentiate among tires for
                                                    iastats1.html.                                             regardless of their intended use, as long as         light trucks, and other vehicles or other
                                                      These orders are published in                            the tire is of a size that is among the              services, which use a similar designation.
                                                                                                               numerical size designations listed in the               Example: 8R17.5 LT, 8R17.5 HC;
                                                    accordance with section 736(a) of the
                                                                                                               following sections of the Tire and Rim                  LT—Identifies light truck tires for service
                                                    Act and 19 CFR 351.211(b).                                 Association Year Book, as updated annually,          on trucks, buses, trailers, and multipurpose
                                                      Dated: March 2, 2017.                                    unless the tire falls within one of the specific     passenger vehicles used in nominal highway
                                                    Ronald K. Lorentzen,                                       exclusions set forth below. The sections of          service;
                                                                                                               the Tire and Rim Association Year Book                  ST—Special tires for trailers in highway
                                                    Acting Assistant Secretary for Enforcement                                                                      service; and
                                                    and Compliance.                                            listing numerical size designations of covered
                                                                                                               certain off road tires include:                         M/C—Identifies tires and rims for
                                                    Appendix I                                                    The table of mining and logging tires             motorcycles.
                                                                                                               included in the section on Truck-Bus tires;             The following types of tires are also
                                                    Scope of the Order                                            The entire section on Off-the-Road tires;         excluded from the scope: Pneumatic tires
                                                       The scope of the order is certain new                      The entire section on Agricultural tires;         that are not new, including recycled or
                                                    pneumatic off-the-road tires (off-road tires).             and                                                  retreaded tires and used tires; non-pneumatic
                                                    Off-road tires are tires with an off road tire                The following tables in the section on            tires, including solid rubber tires; aircraft
                                                    size designation. The tires included in the                Industrial/ATV/Special Trailer tires:                tires; and turf, lawn and garden, and golf
                                                    scope may be either tube-type 8 or tubeless,                  • Industrial, Mining, Counterbalanced Lift        tires. Also excluded from the scope are
                                                    radial, or non-radial, regardless of whether               Truck (Smooth Floors Only);                          mining and construction tires that have a rim
                                                    for original equipment manufacturers or the                   • Industrial and Mining (Other than               diameter equal to or exceeding 39 inches.
                                                    replacement market.                                        Smooth Floors);                                      Such tires may be distinguished from other
                                                       Subject tires may have the following prefix                • Construction Equipment;                         tires of similar size by the number of plies
                                                    or suffix designation, which appears on the                   • Off-the-Road and Counterbalanced Lift           that the construction and mining tires
                                                    sidewall of the tire:                                      Truck (Smooth Floors Only);                          contain (minimum of 16) and the weight of
                                                       Prefix designations:                                       • Aerial Lift and Mobile Crane; and               such tires (minimum 1500 pounds).
                                                       DH—Identifies a tire intended for                          • Utility Vehicle and Lawn and Garden                The subject merchandise is currently
                                                    agricultural and logging service which must                Tractor.                                             classifiable under Harmonized Tariff
                                                    be mounted on a DH drop center rim.                           Certain off road tires, whether or not            Schedule of the United States (HTSUS)
                                                       VA—Identifies a tire intended for                       mounted on wheels or rims, are included in           subheadings: 4011.20.1025, 4011.20.1035,
                                                    agricultural and logging service which must                the scope. However, if a subject tire is             4011.20.5030, 4011.20.5050, 4011.70.0010,
                                                    be mounted on a VA multipiece rim.                         imported mounted on a wheel or rim, only             4011.62.0000, 4011.80.1010, 4011.80.1020,
                                                       IF—Identifies an agricultural tire to operate           the tire is covered by the scope. Subject            4011.90.1050, 4011.70.0050, 4011.80.2010,
                                                    at 20 percent higher rated load than standard              merchandise includes certain off road tires          4011.80.8010, 4011.80.2020, 4011.80.8020,
                                                    metric tires at the same inflation pressure.               produced in the subject countries whether            8431.49.9038, 8431.49.9090, 8709.90.0020,
                                                       VF—Identifies an agricultural tire to                   mounted on wheels or rims in a subject               and 8716.90.1020.9 Tires meeting the scope
                                                    operate at 40 percent higher rated load than               country or in a third country. Certain off road      description may also enter under the
                                                    standard metric tires at the same inflation                tires are covered whether or not they are            following HTSUS subheadings:
                                                    pressure.                                                  accompanied by other parts, e.g., a wheel,           4011.90.2050, 4011.90.8050, 8424.90.9080,
                                                       Suffix designations:                                    rim, axle parts, bolts, nuts, etc. Certain off       8431.20.0000, 8431.39.0010, 8431.49.1090,
                                                       ML—Mining and logging tires used in                     road tires that enter attached to a vehicle are      8431.49.9030, 8432.90.0020, 8432.90.0040,
                                                    intermittent highway service.                              not covered by the scope.                            8432.90.0050, 8432.90.0060, 8432.90.0081,
                                                       DT—Tires primarily designed for sand and                   Specifically excluded from the scope are          8433.90.5010, 8503.00.9560, 8708.70.0500,
                                                    paver service.                                             passenger vehicle and light truck tires, racing      8708.70.2500, 8708.70.4530, 8716.90.5035,
                                                       NHS—Not for Highway Service.                            tires, mobile home tires, motorcycle tires, all-     8716.90.5056 and 8716.90.5059.10 While
                                                                                                               terrain vehicle tires, bicycle tires, on-road or
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       TG—Tractor Grader, off-the-road tire for
                                                                                                                                                                      9 Prior to January 1, 2017, subject merchandise
                                                    use on rims having bead seats with nominal                 on-highway trailer tires, and truck and bus
                                                                                                               tires. Such tires generally have in common           was classifiable under the following HTSUS
                                                    +0.188″ diameter (not for highway service).
                                                                                                               that the symbol ‘‘DOT’’ must appear on the           numbers which have been deleted or discontinued:
                                                                                                                                                                    4011.61.0000, 4011.63.0000, 4011.69.0050,
                                                                                                               sidewall, certifying that the tire conforms to
                                                      8 While tube-type tires are subject to the scope of                                                           4011.92.0000, 4011.93.4000, 4011.93.8000,
                                                                                                               applicable motor vehicle safety standards.           4011.94.4000, and 4011.94.8000.
                                                    these proceedings, tubes and flaps are not subject
                                                    merchandise and therefore are not covered by the           Such excluded tires may also have the                  10 Prior to January 1, 2017, tires meeting the scope

                                                    scope of these proceedings, regardless of the              following prefixes and suffixes included as          description may also enter under the following
                                                    manner in which they are sold (e.g., sold with or          part of the size designation on their                HTSUS subheadings which have been deleted or
                                                    separately from subject merchandise).                      sidewalls:                                           discontinued: 4011.99.4550, 4011.99.8550,



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                                                                                     Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices                                                     12555

                                                    HTSUS subheadings are provided for                       interested party status under section                    4412.39.4052; 4412.39.4059;
                                                    convenience and customs purposes, the                    771(9)(C) and (F) of the Act, as domestic                4412.39.4061; 4412.39.4062;
                                                    written description of the subject                       producers of the domestic like product                   4412.39.4069; 4412.39.5010;
                                                    merchandise is dispositive.                              and an association comprised of                          4412.39.5030; 4412.39.5050;
                                                    [FR Doc. 2017–04432 Filed 3–3–17; 8:45 am]               domestic producers.                                      4412.94.1030; 4412.94.1050;
                                                    BILLING CODE 3510–DS–P                                     The Department received an adequate                    4412.94.3105; 4412.94.3111;
                                                                                                             substantive response from the domestic                   4412.94.3121; 4412.94.3131;
                                                                                                             industry within the 30-day deadline                      4412.94.3141; 4412.94.3160;
                                                    DEPARTMENT OF COMMERCE                                   specified in 19 CFR 351.218(d)(3)(i).3                   4412.94.3171; 4412.94.4100;
                                                                                                             The Department did not receive a                         4412.94.5100; 4412.94.6000;
                                                    International Trade Administration                       substantive response from any                            4412.94.7000; 4412.94.8000;
                                                    [C–570–971]                                              government or respondent interested                      4412.94.9000; 4412.94.9500;
                                                                                                             party to the proceeding. Because the                     4412.99.0600; 4412.99.1020;
                                                    Multilayered Wood Flooring From the                      Department received no response from                     4412.99.1030; 4412.99.1040;
                                                    People’s Republic of China: Final                        the respondent interested parties, the                   4412.99.3110; 4412.99.3120;
                                                    Results of Expedited First Sunset                        Department conducted an expedited                        4412.99.3130; 4412.99.3140;
                                                    Review of the Countervailing Duty                        review of this CVD order, pursuant to                    4412.99.3150; 4412.99.3160;
                                                    Order                                                    section 751(c)(3)(B) of the Act and 19                   4412.99.3170; 4412.99.4100;
                                                                                                             CFR 351.218(e)(1)(ii)(C)(2).                             4412.99.5100; 4412.99.5710;
                                                    AGENCY:  Enforcement and Compliance,
                                                    International Trade Administration,                      Scope of the Order                                       4412.99.6000; 4412.99.7000;
                                                    Department of Commerce.                                                                                           4412.99.8000; 4412.99.9000;
                                                                                                               The products covered by this order                     4412.99.9500; 4418.71.2000;
                                                    SUMMARY: The Department of Commerce                      are certain multilayered wood flooring
                                                                                                                                                                      4418.71.9000; 4418.72.2000;
                                                    (the Department) finds that revocation                   which are composed of an assembly of
                                                                                                                                                                      4418.72.9500; and 9801.00.2500.5
                                                    of the countervailing duty (CVD) order                   two or more layers or plies of wood
                                                                                                                                                                      Although the HTSUS numbers are
                                                    on multilayered wood flooring (MLWF)                     veneer(s) 4 in combination with a core.
                                                                                                                                                                      provided for convenience and customs
                                                    from the People’s Republic of China                      Imports of the subject merchandise are
                                                                                                                                                                      purposes, the written product
                                                    (PRC) would likely lead to continuation                  provided for under the following
                                                                                                                                                                      description remains dispositive. For a
                                                    or recurrence of a countervailable                       subheadings of the Harmonized Tariff
                                                                                                                                                                      full description of the scope, see the
                                                    subsidy at the levels indicated in the                   Schedule of the United States (HTSUS):
                                                                                                                                                                      Issues and Decision Memorandum,
                                                    ‘‘Final Results of Review’’ section of this              4412.31.0620; 4412.31.0640;
                                                                                                                                                                      which is hereby adopted by this notice.6
                                                    notice.                                                  4412.31.0660; 4412.31.2610;
                                                                                                             4412.31.2620; 4412.31.4140;                                 The Issues and Decision
                                                    DATES: Effective March 6, 2017.
                                                                                                             4412.31.4160; 4412.31.4175;                              Memorandum is a public document and
                                                    FOR FURTHER INFORMATION CONTACT:                                                                                  is on file electronically via Enforcement
                                                                                                             4412.31.5225; 4412.32.0640;
                                                    Robert James or John Anwesen, AD/CVD                     4412.32.0665; 4412.32.2610;                              and Compliance’s Antidumping and
                                                    Operations, Office VIII, Enforcement                     4412.32.2625; 4412.32.3225;                              Countervailing Duty Centralized
                                                    and Compliance, International Trade                      4412.32.5700; 4418.74.2000;                              Electronic Service System (ACCESS).
                                                    Administration, U.S. Department of                       4418.74.9000; 4418.75.4000;                              ACCESS is available to registered users
                                                    Commerce, 1401 Constitution Ave. NW.,                    4418.75.7000; 4418.79.0100;                              at http://access.trade.gov and in the
                                                    Washington, DC 20230; telephone: (202)                   4412.31.0520; 4412.31.0540;                              Central Records Unit, room B8024 of the
                                                    482–0649 or (202) 482–0131,                              4412.31.0560; 4412.31.2510;                              main Department of Commerce
                                                    respectively.                                            4412.31.2520; 4412.31.4040;                              building. In addition, a complete
                                                    SUPPLEMENTARY INFORMATION:                               4412.31.4050; 4412.31.4060;                              version of the Issues and Decision
                                                                                                             4412.31.4070; 4412.31.5125;                              Memorandum can be accessed at http://
                                                    Background                                               4412.31.5135; 4412.31.5155;                              enforcement.trade.gov/frn/. The signed
                                                      On November 1, 2016, the Department                    4412.31.5165; 4412.31.6000;                              Issues and Decision Memorandum and
                                                    initiated the first sunset review of the                 4412.31.9100; 4412.32.0520;                              the electronic version of the Issues and
                                                    CVD order on MLWF from the PRC                           4412.32.0540; 4412.32.0560;                              Decision Memorandum are identical in
                                                    pursuant to section 751(c) of the Tariff                 4412.32.2510; 4412.32.2520;                              content.
                                                    Act of 1930, as amended (the Act) and                    4412.32.3125; 4412.32.3135;
                                                    19 CFR 351.218(c).1 The Department                       4412.32.3155; 4412.32.3165;                                 5 The following HTS numbers were added to the

                                                    received a notice of intent to participate               4412.32.3175; 4412.32.3185;                              Case Reference File in ACE: 9801.00.2500,
                                                                                                                                                                      4412.31.0620, 4412.31.0640, 4412.31.0660,
                                                    in the review on behalf of the Coalition                 4412.32.5600; 4412.39.1000;                              4412.31.2610, 4412.31.2620, 4412.31.4140,
                                                    for American Hardwood Parity and its                     4412.39.3000; 4412.39.4011;                              4412.31.4160, 4412.31.4175, 4412.31.5225,
                                                    member companies, Cumberland                             4412.39.4012; 4412.39.4019;                              4412.32.0640, 4412.32.0665, 4412.32.2610,
                                                    Products Group, LLC, d/b/a American                      4412.39.4031; 4412.39.4032;                              4412.32.2625, 4412.32.3225, 4412.32.5700,
                                                                                                                                                                      4418.74.2000, 4418.74.9000, 4418.75.4000,
                                                    OEM Wood Floors, Mannington Mills,                       4412.39.4039; 4412.39.4051;                              4418.75.7000, 4418.79.0100. See Memorandum
                                                    Inc., Mohawk Industries, Inc., Shaw                                                                               regarding: Multilayered Wood Flooring from the
                                                    Industries Group, Inc. (collectively,                    Year (‘‘Sunset’’) Review: Multilayered Wood              PRC, Modification of the Case Reference File in
                                                                                                             Flooring from the People’s Republic of China,’’          ACE, dated February 8, 2017; see also
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    CAHP), within the deadline specified in
                                                                                                             dated November 16, 2016.                                 Memorandum regarding: Multilayered Wood
                                                    19 CFR 351.218(d)(1)(i).2 CAHP claimed                      3 See Coalition for American Hardwood Parity et       Flooring from the People’s Republic of China: A–
                                                                                                             al.’s Substantive Response entitled ‘‘Petitioner’s       570–970, C–570–971, dated February 9, 2017.
                                                    8432.90.0005, 8432.90.0015, 8432.90.0030,                Substantive Response: Five Year (‘‘Sunset’’)                6 See Department Memorandum, ‘‘Issues and
                                                    8432.90.0080, and 8716.90.5055.                          Review: Multilayered Wood Flooring from the              Decision Memorandum for the Final Results of the
                                                       1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,   People’s Republic of China,’’ dated December 1,          Expedited First Sunset Review of the
                                                    81 FR 75808 (November 1, 2016).                          2016.                                                    Countervailing Duty Order on Multilayered Wood
                                                       2 See Coalition for American Hardwood Parity et          4 A ‘‘veneer’’ is a thin slice of wood, rotary cut,   Flooring from the People’s Republic of China’’
                                                    al.’s Notice of Intent to Participate entitled,          sliced or sawed from a log, bolt or flitch. Veneer is    (Issues and Decision Memorandum), dated
                                                    ‘‘Petitioners’ Notice of Intent to Participate: Five-    referred to as a ply when assembled.                     concurrently with this final notice.



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Document Created: 2017-03-04 00:06:18
Document Modified: 2017-03-04 00:06:18
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 March 6, 2017.
ContactLilit Astvatsatrian or Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 or (202) 482-4852, respectively.
FR Citation82 FR 12553 

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