82 FR 12556 - Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 42 (March 6, 2017)
International Trade Administration
Federal Register Volume 82, Issue 42 (March 6, 2017)
| Page Range | 12556-12558 | |
| FR Document | 2017-04433 |
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)] [Notices] [Pages 12556-12558] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04433] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-870, C-542-801] Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing countervailing duty orders on certain new pneumatic off-the-road tires (off road tires) from India and Sri Lanka. In addition, the Department is amending its final determination with respect to India, as a result of ministerial errors. DATES: Effective March 6, 2017. FOR FURTHER INFORMATION CONTACT: Gene Calvert (India); Whitley Herndon (Sri Lanka); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3586 or (202) 482-6274, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 705(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 10, 2017, the Department published its final determinations in the countervailing duty investigations of off road tires from India and Sri Lanka.\1\ On February 23, 2017, the ITC notified the Department of its final determination that an industry in the United States is materially injured by reason of subsidized imports of subject merchandise from India and Sri Lanka within the meaning of section 705(b)(1)(A)(i) of the Act, and its determination that critical circumstances do not exist with respect to imports of subject merchandise from India and Sri Lanka that are subject to the Department's affirmative critical circumstances finding.\2\ --------------------------------------------------------------------------- \1\ See Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires from India: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 82 FR 2946 (January 10, 2017) (India Final Determination); and Certain New Pneumatic Off-the-Road Tires from Sri Lanka: Final Affirmative Countervailing Duty Determination, and Final Determination of Critical Circumstances, 82 FR 2949 (January 10, 2017). \2\ 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-TA-552-553 and 731-TA- 1308 (Final), USITC Publication 4669 (February 2017). --------------------------------------------------------------------------- Scope of the Orders The products covered by these orders are off road tires, which are tires with an off road tire size designation. For a complete description of the scope of the orders, see Appendix I. Amendment to India Final Determination On January 17, 2017, ATC Tires Private Limited (ATC) alleged that the Department made ministerial errors in the India Final Determination.\3\ A ministerial error is defined as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.\4\ --------------------------------------------------------------------------- \3\ See Letter from ATC, ``Certain New Pneumatic Off-the-Road Tires from India: Ministerial Error Comments on the Final Determination,'' dated January 17, 2017. \4\ See section 705(e) of the Act. --------------------------------------------------------------------------- The Department reviewed the record and agrees that the errors referenced in ATC's allegation constitute ministerial errors within the meaning of 19 CFR 351.224(f).\5\ Specifically, the Department double- counted the benefit ATC received through the Central Sales Tax Reimbursement Program and inadvertently treated a stamp duty exemption as a subsidy received during the POI when the record indicates it was received prior to the POI.\6\ Pursuant to 19 CFR 351.224(e), the Department is amending the India Final Determination to reflect the correction of the ministerial errors described above. [[Page 12557]] Based on our correction, ATC's subsidy rate decreased from 4.90 percent to 4.72 percent.\7\ Because the ``all-others'' rate is based, in part, on ATC's subsidy rate, the ``all-others'' rate decreased from 5.06 percent to 4.94 percent.\8\ --------------------------------------------------------------------------- \5\ See Memorandum to Jim Maeder, Senior Director for Antidumping and Countervailing Duty Operations ``Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires from India: Ministerial Error Comments on the Final Determination'' (February 27, 2017). \6\ Id. \7\ Id. \8\ Id. --------------------------------------------------------------------------- Countervailing Duty Orders In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified the Department of its final determinations that the industry in the United States producing off road tires is materially injured by reason of subsidized imports of off road tires from India and Sri Lanka and that critical circumstances do not exist with respect to imports of subject merchandise from India and Sri Lanka that are subject to the Department's affirmative critical circumstances findings. Therefore, in accordance with section 705(c)(2) of the Act, we are publishing these countervailing duty orders. As a result of the ITC's final determination, in accordance with section 706(a) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, countervailing duties on unliquidated entries of off road tires entered, or withdrawn from warehouse, for consumption on or after June 20, 2016, the date on which the Department published its preliminary countervailing duty determinations in the Federal Register,\9\ and before October 18, 2016, the date on which the Department instructed CBP to discontinue the suspension of liquidation on subject merchandise from India and Sri Lanka in accordance with section 703(d) of the Act. Section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of off road tires from India and Sri Lanka made on or after October 18, 2016, and prior to the date of publication of the ITC's final determination in the Federal Register are not liable for the assessment of countervailing duties due to the Department's discontinuation, effective October 18, 2016, for off road tires from India and Sri Lanka, of the suspension of liquidation. --------------------------------------------------------------------------- \9\ See Certain New Pneumatic Off-the-Road Tires From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Determination, 81 FR 39903 (June 20, 2016); and Certain New Pneumatic Off-the-Road Tires From Sri Lanka: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Determination, 81 FR 39900 (June 20, 2016) (collectively, CVD Preliminary Determinations). --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 706 of the Act, the Department will direct CBP to reinstitute the suspension of liquidation of off road tires from India and Sri Lanka, effective the date of publication of the ITC's notice of final determination in the Federal Register, and to assess, upon further instruction by the Department pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. On or after the date of publication of the ITC's final injury determination in the Federal Register, CBP must require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the rates noted below: ------------------------------------------------------------------------ Subsidy rate Producer/exporter from India (percent) ------------------------------------------------------------------------ ATC Tires Private Limited............................... 4.72 Balkrishna Industries Limited........................... 5.36 All Others.............................................. 4.94 ------------------------------------------------------------------------ ------------------------------------------------------------------------ Subsidy rate Producer/exporter from Sri Lanka (percent) ------------------------------------------------------------------------ Camso Loadstar (Private), Ltd........................... 2.18 All Others.............................................. 2.18 ------------------------------------------------------------------------ Critical Circumstances With regard to the ITC's negative critical circumstances determination on imports of off road tires from India and Sri Lanka, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated countervailing duties with respect to entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after March 22, 2016 (i.e., 90 days prior to the date of the publication of the CVD Preliminary Determinations), but before June 20, 2016 (i.e., the date of publication of the CVD Preliminary Determinations). Notifications to Interested Parties This notice constitutes the countervailing duty orders with respect to off road tires from India and Sri Lanka, pursuant to section 706(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 issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). Dated: March 2, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Attachment I Scope of the Orders The scope of these orders is certain new pneumatic off-the-road tires (certain off road tires). Certain off road tires are tires with an off road tire size designation. The tires included in the scope may be either tube-type \10\ or tubeless, radial, or non- radial, regardless of whether for original equipment manufacturers or the replacement market. --------------------------------------------------------------------------- \10\ 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). --------------------------------------------------------------------------- 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 +0.188diameter (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 [[Page 12558]] 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. In addition, 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.\11\ 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.\12\ While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive. --------------------------------------------------------------------------- \11\ 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. \12\ 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. 2017-04433 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
![12556 Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
Analysis of Comments Received subsidy, the net countervailable subsidy of the CVD order on MLWF from the
All issues raised in this review are likely to prevail if the order were PRC would be likely to lead to
addressed in the Issues and Decision revoked, and the nature of the subsidy. continuation or recurrence of
Memorandum. The issues discussed in countervailable subsidies at the rates
Final Results of Review
the Issues and Decision Memorandum listed below:
address the likelihood of continuation Pursuant to section 752(b)(1) and (3)
or recurrence of a countervailable of the Act, we determine that revocation
Net subsidy rate
Exporter/manufacturer % (ad valorem)
Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua) Ltd.; Fine Furniture Plantation (Shishou) Ltd ..................................... 1.90
All-Others ..................................................................................................................................................................................... 2.27
124 Non-Cooperating Companies 7 ............................................................................................................................................. 27.37
Notification Regarding Administrative off-the-road tires (off road tires) from Scope of the Orders
Protective Order India and Sri Lanka. In addition, the The products covered by these orders
This notice serves as the only Department is amending its final are off road tires, which are tires with
reminder to parties subject to determination with respect to India, as an off road tire size designation. For a
administrative protective order (APO) of a result of ministerial errors. complete description of the scope of the
their responsibility concerning the DATES: Effective March 6, 2017. orders, see Appendix I.
return or destruction of proprietary FOR FURTHER INFORMATION CONTACT:
Gene Calvert (India); Whitley Herndon Amendment to India Final
information disclosed under APO in
(Sri Lanka); AD/CVD Operations, Determination
accordance with 19 CFR 351.305.
Timely notification of return/ Enforcement and Compliance, On January 17, 2017, ATC Tires
destruction of APO materials or International Trade Administration, Private Limited (ATC) alleged that the
conversion to judicial protective order is U.S. Department of Commerce, 1401 Department made ministerial errors in
hereby requested. Failure to comply Constitution Avenue NW., Washington, the India Final Determination.3 A
with the regulations and the terms of an DC 20230; telephone: (202) 482–3586 or ministerial error is defined as an error
APO is a violation which is subject to (202) 482–6274, respectively. in addition, subtraction, or other
sanction. SUPPLEMENTARY INFORMATION: arithmetic function, clerical error
The Department is issuing and resulting from inaccurate copying,
Background duplication, or the like, and any other
publishing these final results and notice
in accordance with sections 751(c), In accordance with sections 705(d) similar type of unintentional error
752(b), and 777(i)(1) of the Act and 19 and 777(i) of the Tariff Act of 1930, as which the Secretary considers
CFR 351.218. amended (the Act), and 19 CFR ministerial.4
351.210(c), on January 10, 2017, the The Department reviewed the record
Dated: February 27, 2017.
Department published its final and agrees that the errors referenced in
Ronald K. Lorentzen,
determinations in the countervailing ATC’s allegation constitute ministerial
Acting Assistant Secretary for Enforcement duty investigations of off road tires from errors within the meaning of 19 CFR
and Compliance. India and Sri Lanka.1 On February 23, 351.224(f).5 Specifically, the
[FR Doc. 2017–04271 Filed 3–3–17; 8:45 am] 2017, the ITC notified the Department of Department double-counted the benefit
BILLING CODE 3510–DS–P its final determination that an industry ATC received through the Central Sales
in the United States is materially Tax Reimbursement Program and
injured by reason of subsidized imports inadvertently treated a stamp duty
DEPARTMENT OF COMMERCE of subject merchandise from India and exemption as a subsidy received during
International Trade Administration Sri Lanka within the meaning of section the POI when the record indicates it was
705(b)(1)(A)(i) of the Act, and its received prior to the POI.6 Pursuant to
[C–533–870, C–542–801] determination that critical 19 CFR 351.224(e), the Department is
circumstances do not exist with respect amending the India Final Determination
Certain New Pneumatic Off-the-Road to imports of subject merchandise from to reflect the correction of the
Tires From India and Sri Lanka: India and Sri Lanka that are subject to ministerial errors described above.
Amended Final Affirmative the Department’s affirmative critical
Countervailing Duty Determination for circumstances finding.2 India and Sri Lanka (February 23, 2017). See also
India and Countervailing Duty Orders Certain New Pneumatic Off-the-Road Tires from
1 See Countervailing Duty Investigation of Certain India and Sri Lanka, Investigation Nos. 701–TA–
AGENCY: Enforcement and Compliance, New Pneumatic Off-the-Road Tires from India: 552–553 and 731–TA–1308 (Final), USITC
International Trade Administration, Final Affirmative Determination, and Final Publication 4669 (February 2017).
3 See Letter from ATC, ‘‘Certain New Pneumatic
Department of Commerce. Affirmative Critical Circumstances Determination,
in Part, 82 FR 2946 (January 10, 2017) (India Final Off-the-Road Tires from India: Ministerial Error
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY: Based on affirmative final Comments on the Final Determination,’’ dated
Determination); and Certain New Pneumatic Off-
determinations by the Department of the-Road Tires from Sri Lanka: Final Affirmative January 17, 2017.
Commerce (the Department) and the Countervailing Duty Determination, and Final 4 See section 705(e) of the Act.
International Trade Commission (ITC), Determination of Critical Circumstances, 82 FR 5 See Memorandum to Jim Maeder, Senior
2949 (January 10, 2017). Director for Antidumping and Countervailing Duty
the Department is issuing countervailing 2 See Letter to Ronald Lorentzen, Acting Assistant Operations ‘‘Countervailing Duty Investigation of
duty orders on certain new pneumatic Secretary of Commerce for Enforcement and Certain New Pneumatic Off-the-Road Tires from
Compliance, from Rhonda K. Schmidtlein, India: Ministerial Error Comments on the Final
7 See Issues and Decision Memorandum at Chairman of the U.S. International Trade Determination’’ (February 27, 2017).
Appendix I. Commission, regarding off the road tires from the 6 Id.
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![12558 Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
numerical size designations listed in the Example: 8R17.5 LT, 8R17.5 HC; DEPARTMENT OF COMMERCE
following sections of the Tire and Rim LT—Identifies light truck tires for service
Association Year Book, as updated annually, on trucks, buses, trailers, and multipurpose International Trade Administration
unless the tire falls within one of the specific passenger vehicles used in nominal highway
exclusions set forth below. The sections of service; [A–570–979, A–570–010]
the Tire and Rim Association Year Book
ST—Special tires for trailers in highway
listing numerical size designations of covered Initiation and Preliminary Results of
certain off road tires include: service; and
M/C—Identifies tires and rims for Changed Circumstances Reviews:
The table of mining and logging tires Antidumping Duty Orders on
included in the section on Truck-Bus tires; motorcycles.
The entire section on Off-the-Road tires; The following types of tires are also Crystalline Silicon Photovoltaic Cells,
The entire section on Agricultural tires; excluded from the scope: Pneumatic tires Whether or Not Assembled Into
and that are not new, including recycled or Modules, From the People’s Republic
The following tables in the section on retreaded tires and used tires; non-pneumatic of China and Antidumping Duty Order
Industrial/ATV/Special Trailer tires: tires, including solid rubber tires; aircraft on Certain Crystalline Silicon
• Industrial, Mining, Counterbalanced Lift tires; and turf, lawn and garden, and golf Photovoltaic Products From the
Truck (Smooth Floors Only); People’s Republic of China
tires. Also excluded from the scope are
• Industrial and Mining (Other than
Smooth Floors); mining and construction tires that have a rim
AGENCY: Enforcement and Compliance,
• Construction Equipment; diameter equal to or exceeding 39 inches.
International Trade Administration,
• Off-the-Road and Counterbalanced Lift Such tires may be distinguished from other
Department of Commerce.
Truck (Smooth Floors Only); tires of similar size by the number of plies
• Aerial Lift and Mobile Crane; and that the construction and mining tires SUMMARY: The Department of Commerce
• Utility Vehicle and Lawn and Garden contain (minimum of 16) and the weight of (the ‘‘Department’’) is simultaneously
Tractor. such tires (minimum 1500 pounds). initiating and issuing the preliminary
Certain off road tires, whether or not The subject merchandise is currently results of changed circumstances
mounted on wheels or rims, are included in classifiable under Harmonized Tariff reviews (‘‘CCRs’’) of the antidumping
the scope. However, if a subject tire is duty (‘‘AD’’) orders on crystalline
Schedule of the United States (HTSUS)
imported mounted on a wheel or rim, only silicon photovoltaic cells, whether or
subheadings: 4011.20.1025, 4011.20.1035,
the tire is covered by the scope. Subject
4011.20.5030, 4011.20.5050, 4011.70.0010, not assembled into modules, (‘‘solar
merchandise includes certain off road tires
produced in the subject countries whether 4011.62.0000, 4011.80.1010, 4011.80.1020, cells’’) from the People’s Republic of
mounted on wheels or rims in a subject 4011.90.1050, 4011.70.0050, 4011.80.2010, China (‘‘PRC’’) and certain crystalline
country or in a third country. Certain off road 4011.80.8010, 4011.80.2020, 4011.80.8020, silicon photovoltaic products (‘‘solar
tires are covered whether or not they are 8431.49.9038, 8431.49.9090, 8709.90.0020, products’’) from the PRC. The
accompanied by other parts, e.g., a wheel, and 8716.90.1020.11 Tires meeting the scope Department initiated these CCRs to
rim, axle parts, bolts, nuts, etc. Certain off description may also enter under the determine whether Hanwha Q CELLS
road tires that enter attached to a vehicle are following HTSUS subheadings: (Qidong) Co. Ltd. (‘‘Q CELLS Qidong’’)
not covered by the scope. 4011.90.2050, 4011.90.8050, 8424.90.9080, is the successor-in-interest to Hanwha
In addition, specifically excluded from the 8431.20.0000, 8431.39.0010, 8431.49.1090, SolarOne (Qidong) Co., Ltd. (‘‘SolarOne
scope are passenger vehicle and light truck
tires, racing tires, mobile home tires,
8431.49.9030, 8432.90.0020, 8432.90.0040, Qidong’’) with respect to the AD orders
motorcycle tires, all-terrain vehicle tires, 8432.90.0050, 8432.90.0060, 8432.90.0081, on solar cells and solar products from
bicycle tires, on-road or on-highway trailer 8433.90.5010, 8503.00.9560, 8708.70.0500, the PRC and to determine whether
tires, and truck and bus tires. Such tires 8708.70.2500, 8708.70.4530, 8716.90.5035, Hanwha Q CELLS Hong Kong Limited
generally have in common that the symbol 8716.90.5056 and 8716.90.5059.12 While (‘‘Q CELLS Hong Kong’’) is the
‘‘DOT’’ must appear on the sidewall, HTSUS subheadings are provided for successor-in-interest to SolarOne Hong
certifying that the tire conforms to applicable convenience and customs purposes, the Kong Limited (‘‘SolarOne Hong Kong’’)
motor vehicle safety standards. Such written description of the subject with respect to the AD order on solar
excluded tires may also have the following merchandise is dispositive. products from the PRC. For the reasons
prefixes and suffixes included as part of the
size designation on their sidewalls: [FR Doc. 2017–04433 Filed 3–3–17; 8:45 am] noted below, we did not initiate the
Prefix letter designations: BILLING CODE 3510–DS–P requested CCR to determine whether Q
AT—Identifies a tire intended for service CELLS Hong Kong is the successor-in-
on All-Terrain Vehicles; interest to SolarOne Hong Kong with
P—Identifies a tire intended primarily for respect to the AD order on solar cells
service on passenger cars; from the PRC. Based on the information
LT—Identifies a tire intended primarily for on the record, we preliminarily
service on light trucks; determine that Q CELLS Qidong is the
T—Identifies a tire intended for one-
successor-in-interest to SolarOne
position ‘‘temporary use’’ as a spare only;
and Qidong for purposes of the AD orders on
ST—Identifies a special tire for trailers in solar cells and solar products from the
highway service. PRC and that Q CELLS Hong Kong is the
Suffix letter designations: 11 Prior to January 1, 2017, subject merchandise successor-in-interest to SolarOne Hong
TR—Identifies a tire for service on trucks, was classifiable under the following HTSUS Kong for purposes of the AD order on
buses, and other vehicles with rims having solar products from the PRC. As such,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
numbers which have been deleted or discontinued:
specified rim diameter of nominal plus 4011.61.0000, 4011.63.0000, 4011.69.0050, Q CELLS Hong Kong and Q CELLS
0.156″ or plus 0.250″; 4011.92.0000, 4011.93.4000, 4011.93.8000, Qidong are entitled to SolarOne Hong
MH—Identifies tires for Mobile Homes; 4011.94.4000, and 4011.94.8000.
Kong and SolarOne Qidong’s cash
HC—Identifies a heavy duty tire designated 12 Prior to January 1, 2017, tires meeting the scope
for use on ‘‘HC’’ 15″ tapered rims used on deposit rates, respectively, with respect
description may also enter under the following
trucks, buses, and other vehicles. This suffix HTSUS subheadings which have been deleted or
to U.S. entries of merchandise subject to
is intended to differentiate among tires for discontinued: 4011.99.4550, 4011.99.8550, the orders noted above. Interested
light trucks, and other vehicles or other 8432.90.0005, 8432.90.0015, 8432.90.0030, parties are invited to comment on these
services, which use a similar designation. 8432.90.0080, and 8716.90.5055. preliminary results.
VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1](https://thefederalregister.org/doc/82_FR_12598/page/3.svg)
Document Created: 2017-03-04 00:06:52
Document Modified: 2017-03-04 00:06:52
| 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 March 6, 2017. | |
| Contact | Gene Calvert (India); Whitley Herndon (Sri Lanka); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3586 or (202) 482-6274, respectively. | |
| FR Citation | 82 FR 12556 |
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