82_FR_2955 82 FR 2949 - Certain New Pneumatic Off-the-Road Tires From Sri Lanka: Final Affirmative Countervailing Duty Determination, and Final Determination of Critical Circumstances

82 FR 2949 - Certain New Pneumatic Off-the-Road Tires From Sri Lanka: Final Affirmative Countervailing Duty Determination, and Final Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 6 (January 10, 2017)

Page Range2949-2951
FR Document2017-00266

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain new pneumatic off-the-road tires (off road tires) from Sri Lanka. The period of investigation (POI) is January 1, 2015, through December 31, 2015. For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice.

Federal Register, Volume 82 Issue 6 (Tuesday, January 10, 2017) 
[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 2949-2951]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00266]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-542-801]


Certain New Pneumatic Off-the-Road Tires From Sri Lanka: Final 
Affirmative Countervailing Duty Determination, and Final Determination 
of Critical Circumstances

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain new pneumatic off-the-road tires (off road tires) from Sri 
Lanka. The period of investigation (POI) is January 1, 2015, through 
December 31, 2015. For information on the estimated subsidy rates, see 
the ``Final Determination'' section of this notice.

DATES: Effective January 10, 2017.

FOR FURTHER INFORMATION CONTACT: E. Whitley Herndon, Office II, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6274.

SUPPLEMENTARY INFORMATION:

Background

    The petitioners in this investigation are Titan Tire Corporation 
and the United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union, AFL-
CIO, CLC. In addition to the Government of Sri Lanka, the mandatory 
respondent in this investigation is Camso Loadstar (Private) Ltd. 
(Camso Loadstar).
    The events that occurred since the Department published the 
Preliminary Determination \1\ on June 20, 2016, are discussed in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\2\ The Issues and Decision Memorandum also details the changes 
we made since the Preliminary Determination to the subsidy rates 
calculated for the mandatory respondent and all other producers/
exporters. The Issues and Decision Memorandum is a public document and 
is on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
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    \1\ See 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) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, entitled, ``Issues and Decision Memorandum for the Final 
Determination in the Countervailing Duty Investigation of Certain 
New Pneumatic Off-The-Road Tires from Sri Lanka,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers off road tires, which are 
tires with an off road tire size designation. For a complete 
description of the scope of the investigation, see Appendix I.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections presented at verification, we made 
certain changes to Camso Loadstar's subsidy rate calculations since the 
Preliminary Determination. For a discussion of these changes, see the 
Issues and Decision Memorandum and the Final Analysis Memorandum.\3\
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    \3\ See Memorandum ``Final Determination Calculation Memorandum 
for Camso Loadstar (Private) Ltd. and Loadstar (Private) Ltd. 
(collectively Camso Loadstar),'' dated concurrently with this notice 
(Final Analysis Memorandum).
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Final Affirmative Determination of Critical Circumstances

    On May 24, 2016, the petitioners filed a timely critical 
circumstances allegation, pursuant to section 703(e)(1) of the Tariff 
Act of 1930, as amended (the Act) and 19 CFR 351.206(c)(1),

[[Page 2950]]

alleging that critical circumstances exist with respect to imports of 
off road tires from Sri Lanka.\4\ We preliminarily determined that 
critical circumstances exist for Camso Loadstar and the companies 
covered by the ``all others'' rate. For this final determination, in 
accordance with section 705(a) of the Act, we continue to find that 
critical circumstances exist for Camso Loadstar and the companies 
covered by the ``all others'' rate. For a discussion, see the 
``Critical Circumstances'' section and ``Comment 7'' of the Issues and 
Decision Memorandum.
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    \4\ See Letter from Petitioners, regarding Certain New Pneumatic 
Off-The-Road Tires from Sri Lanka--Petitioners' Critical 
Circumstances Allegation, dated May 24, 2016.
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Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
calculated a rate for Camso Loadstar (the only individually 
investigated exporter/producer of subject merchandise). Section 
705(c)(5)(A)(i) of the Act states that, for companies not individually 
investigated, we will determine an ``all others'' rate equal to the 
weighted-average countervailable subsidy rates established for 
exporters and producers individually investigated, excluding any zero 
and de minimis countervailable subsidy rates, and any rates determined 
entirely under section 776 of the Act. Where the rates for investigated 
companies are zero or de minimis, or based entirely on facts otherwise 
available, section 705(c)(5)(A)(ii) of the Act instructs the Department 
to establish an ``all others'' rate using ``any reasonable method.''
    Because the only individually calculated rate is not zero, de 
minimis, or based entirely on facts otherwise available, in accordance 
with 705(c)(5)(A)(i) of the Act, the rate calculated for Camso Loadstar 
is assigned as the all-others rate. We determine the total estimated 
net countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Camso Loadstar (Private), Ltd...........................            2.18
All Others..............................................            2.18
------------------------------------------------------------------------

Suspension of Liquidation

    As a result of our affirmative Preliminary Determination and our 
affirmative critical circumstances determination, pursuant to sections 
703(d) and 703(e)(2)(A) of the Act, we instructed U.S. Customs and 
Border Protection (CBP) to suspend liquidation of entries of subject 
merchandise from Sri Lanka which were entered or withdrawn from 
warehouse, for consumption on or after March 22, 2016, which is 90 days 
before the date of the publication of the Preliminary Determination in 
the Federal Register.\5\
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    \5\ See Preliminary Determination.
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    In accordance with section 703(d) of the Act, we later issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after October 18, 2016, but to continue the suspension 
of liquidation of all entries from March 22, 2016, through October 17, 
2016, as appropriate.
    We will issue a CVD order and reinstate the suspension of 
liquidation in accordance with our final determination and under 
section 706(a) of the Act if the United States International Trade 
Commission (ITC) issues a final affirmative injury determination, and 
we will instruct CBP to require a cash deposit of estimated 
countervailing duties for such entries of merchandise in the amounts 
indicated above. If the ITC determines that material injury, or threat 
of material injury, does not exist, this proceeding will be terminated 
and all estimated duties deposited as a result of the suspension of 
liquidation will be refunded.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: January 3, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation 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 \6\ or tubeless, radial, or non-
radial, regardless of whether for original equipment manufacturers 
or the replacement market.
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    \6\ While tube-type tires are subject to the scope of this 
proceeding, tubes and flaps are not subject merchandise and 
therefore are not covered by the scope of this proceeding, 
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,

[[Page 2951]]

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, 
4011.61.0000, 4011.62.0000, 4011.63.0000, 4011.69.0050, 
4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, 
4011.94.8000, 8431.49.9038, 8431.49.9090, 8709.90.0020, and 
8716.90.1020. Tires meeting the scope description may also enter 
under the following HTSUS subheadings: 4011.99.4550, 4011.99.8550, 
8424.90.9080, 8431.20.0000, 8431.39.0010, 8431.49.1090, 
8431.49.9030, 8432.90.0005, 8432.90.0015, 8432.90.0030, 
8432.90.0080, 8433.90.5010, 8503.00.9560, 8708.70.0500, 
8708.70.2500, 8708.70.4530, 8716.90.5035 and 8716.90.5055. While 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the subject merchandise is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. List of Issues
IV. Subsidies Valuation Information
V. Critical Circumstances
VI. Analysis of Programs
VII. Analysis of Comments
    Comment 1: Whether Camso Loadstar Benefited from Exemptions/
Concessions for Fiscal Levies on Imports of Spare Parts
    Comment 2: Whether the Provision of Tax Concession for Exporters 
of Non-Traditional Products Program is Countervailable
    Comment 3: Whether the Nation Building Tax Preferences Program 
is Specific and Constitutes a Financial Contribution
    Comment 4: Whether Camso Loadstar Benefited from the Guaranteed 
Price Scheme for Rubber
    Comment 5: Whether to Use U.S. Dollar Amounts Recorded by Camso 
Loadstar to Determine Subsidy Rates
    Comment 6: Whether to Use Camso Loadstar's Revised FOB Sales 
Data for Denominator
    Comment 7: Whether the Department Should Continue to Find 
Critical Circumstances
    Comment 8: Whether to Terminate the Investigation
VIII. Recommendation

[FR Doc. 2017-00266 Filed 1-9-17; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices 2949 VIII. Analysis of Programs DEPARTMENT OF COMMERCE Memorandum also details the changes IX. Analysis of Comments we made since the Preliminary Comment 1: Whether Tax and Import Duty International Trade Administration Determination to the subsidy rates Exemptions Under the Special Economic calculated for the mandatory respondent [C–542–801] Zone (SEZ) and Export-Oriented Unit and all other producers/exporters. The (EOU) Programs are Countervailable Certain New Pneumatic Off-the-Road Issues and Decision Memorandum is a Comment 2: Whether the Department Must Tires From Sri Lanka: Final Affirmative public document and is on file Eliminate Certain Duties Regarding Countervailing Duty Determination, electronically via Enforcement and ATC’s Tamil Nadu SEZ Location in the and Final Determination of Critical Compliance’s Antidumping and Final Determination Circumstances Countervailing Duty Centralized Comment 3: Whether the Advance Electronic Service System (ACCESS). Authorization Scheme (AAP) Is a AGENCY: Enforcement and Compliance, ACCESS is available to registered users Countervailable Program International Trade Administration, at http://access.trade.gov, and is Comment 4: Whether the Department Department of Commerce. available to all parties in the Central Should Apply Adverse Facts Available SUMMARY: The Department of Commerce Records Unit, room B8024 of the main (AFA) to Determine if the Government of (the Department) determines that Department of Commerce building. In Gujarat’s (GOG) Provision of Land to countervailable subsidies are being addition, a complete version of the BKT from the ‘‘Land Bank’’ was Specific provided to producers and exporters of Issues and Decision Memorandum can Comment 5: Whether the Department May certain new pneumatic off-the-road tires be accessed directly at http:// Use Land Purchased by BKT from (off road tires) from Sri Lanka. The enforcement.trade.gov/frn/index.html. Private Parties as Benchmarks and period of investigation (POI) is January The signed Issues and Decision Whether They Show the GOG, through 1, 2015, through December 31, 2015. For Memorandum and the electronic the ‘‘Land Bank’’ Did Not Provide Land information on the estimated subsidy version of the Issues and Decision to BKT at LTAR rates, see the ‘‘Final Determination’’ Memorandum are identical in content. Comment 6: Whether ATC Benefited from section of this notice. the Provision of Land for LTAR for its DATES: Effective January 10, 2017. Scope of the Investigation SEZ/EOU Locations and Whether the The scope of the investigation covers FOR FURTHER INFORMATION CONTACT: E. Provision of Land to ATC is Contingent off road tires, which are tires with an off Whitley Herndon, Office II, AD/CVD upon Export Performance road tire size designation. For a Operations, Enforcement and Comment 7: Whether the Department complete description of the scope of the Compliance, International Trade Should Revise the Benchmark for the investigation, see Appendix I. Administration, U.S. Department of Provision of Land Provided to ATC for Commerce, 14th Street and Constitution Analysis of Subsidy Programs and its SEZ/EOU Locations Avenue NW., Washington, DC 20230; Comments Received Comment 8: Whether the Department telephone: (202) 482–6274. Should Revise the Discount Rate Used to The subsidy programs under Allocate ATC’s Land-Use Rights Benefits SUPPLEMENTARY INFORMATION: investigation and the issues raised in for its SEZ/EOU Locations Background the case and rebuttal briefs by parties in Comment 9: Whether the Income Tax this investigation are discussed in the The petitioners in this investigation Deductions for Research and Issues and Decision Memorandum. A are Titan Tire Corporation and the Development Expenditures Is a Specific list of the issues that parties raised, and United Steel, Paper and Forestry, Subsidy to which we responded in the Issues Comment 10: Whether the Department Rubber, Manufacturing, Energy, Allied Industrial and Service Workers and Decision Memorandum, is attached Should Use a Six-Month Comparison to this notice as Appendix II. Period for Its Final Critical International Union, AFL–CIO, CLC. In Circumstances Determination addition to the Government of Sri Changes Since the Preliminary Comment 11: Whether the Department Lanka, the mandatory respondent in this Determination Should Correct Calculation Errors investigation is Camso Loadstar (Private) Ltd. (Camso Loadstar). Based on our review and analysis of regarding ATC’s Preliminary the comments received from parties, Determination Calculations The events that occurred since the Department published the Preliminary and minor corrections presented at Comment 12: Whether the Department verification, we made certain changes to Should Apply AFA because of Determination 1 on June 20, 2016, are discussed in the Issues and Decision Camso Loadstar’s subsidy rate Information Obtained at Verification calculations since the Preliminary Comment 13: Whether the Department Memorandum, which is hereby adopted by this notice.2 The Issues and Decision Determination. For a discussion of these Should Subtract BKT’s Sales of its Paper changes, see the Issues and Decision Division from its Total Sales and Total 1 See Certain New Pneumatic Off-the-Road Tires Memorandum and the Final Analysis Export Sales Denominators from Sri Lanka: Preliminary Affirmative Memorandum.3 Comment 14: Whether the Department Countervailing Duty Determination, Preliminary Should Subtract Sales from BKT’s Wind Affirmative Critical Circumstances Determination, Final Affirmative Determination of Divisions from its Total Sales and Total and Alignment of Final Determination with Final Critical Circumstances Export Sales Denominators Antidumping Determination, 81 FR 39900 (June 20, 2016) (Preliminary Determination), and On May 24, 2016, the petitioners filed Comment 15: Whether the Department accompanying Preliminary Decision Memorandum. a timely critical circumstances Should Use Total Sales Instead of Export allegation, pursuant to section 703(e)(1) pmangrum on DSK3GDR082PROD with NOTICES 2 See Memorandum from Gary Taverman, Sales as the Denominator when Associate Deputy Assistant Secretary for of the Tariff Act of 1930, as amended Calculating the Rate for the Export Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for (the Act) and 19 CFR 351.206(c)(1), Promotion of Capital Goods Scheme Enforcement and Compliance, entitled, ‘‘Issues and (EPCGS). Decision Memorandum for the Final Determination 3 See Memorandum ‘‘Final Determination X. Recommendation in the Countervailing Duty Investigation of Certain Calculation Memorandum for Camso Loadstar [FR Doc. 2017–00264 Filed 1–9–17; 8:45 am] New Pneumatic Off-The-Road Tires from Sri (Private) Ltd. and Loadstar (Private) Ltd. Lanka,’’ dated concurrently with this notice (Issues (collectively Camso Loadstar),’’ dated concurrently BILLING CODE 3510–DS–P and Decision Memorandum). with this notice (Final Analysis Memorandum). VerDate Sep<11>2014 14:59 Jan 09, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1

2950 Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices alleging that critical circumstances exist Sri Lanka which were entered or APO is a violation which is subject to with respect to imports of off road tires withdrawn from warehouse, for sanction. from Sri Lanka.4 We preliminarily consumption on or after March 22, This determination is issued and determined that critical circumstances 2016, which is 90 days before the date published pursuant to sections 705(d) exist for Camso Loadstar and the of the publication of the Preliminary and 777(i) of the Act. companies covered by the ‘‘all others’’ Determination in the Federal Register.5 Dated: January 3, 2017. rate. For this final determination, in In accordance with section 703(d) of Paul Piquado, accordance with section 705(a) of the the Act, we later issued instructions to Assistant Secretary for Enforcement and Act, we continue to find that critical CBP to discontinue the suspension of Compliance. circumstances exist for Camso Loadstar liquidation for CVD purposes for subject and the companies covered by the ‘‘all merchandise entered, or withdrawn Appendix I others’’ rate. For a discussion, see the from warehouse, on or after October 18, Scope of the Investigation ‘‘Critical Circumstances’’ section and 2016, but to continue the suspension of The scope of this investigation is certain ‘‘Comment 7’’ of the Issues and Decision liquidation of all entries from March 22, new pneumatic off-the-road tires (certain off Memorandum. 2016, through October 17, 2016, as road tires). Certain off road tires are tires with appropriate. an off road tire size designation. The tires Final Determination We will issue a CVD order and included in the scope may be either tube- In accordance with section reinstate the suspension of liquidation type 6 or tubeless, radial, or non-radial, 705(c)(1)(B)(i)(I) of the Act, we in accordance with our final regardless of whether for original equipment calculated a rate for Camso Loadstar (the determination and under section 706(a) manufacturers or the replacement market. only individually investigated exporter/ of the Act if the United States Subject tires may have the following prefix producer of subject merchandise). International Trade Commission (ITC) or suffix designation, which appears on the sidewall of the tire: Section 705(c)(5)(A)(i) of the Act states issues a final affirmative injury Prefix designations: that, for companies not individually determination, and we will instruct CBP DH—Identifies a tire intended for investigated, we will determine an ‘‘all to require a cash deposit of estimated agricultural and logging service which must others’’ rate equal to the weighted- countervailing duties for such entries of be mounted on a DH drop center rim. average countervailable subsidy rates merchandise in the amounts indicated VA—Identifies a tire intended for established for exporters and producers above. If the ITC determines that agricultural and logging service which must individually investigated, excluding any material injury, or threat of material be mounted on a VA multipiece rim. zero and de minimis countervailable injury, does not exist, this proceeding IF—Identifies an agricultural tire to operate subsidy rates, and any rates determined at 20 percent higher rated load than standard will be terminated and all estimated metric tires at the same inflation pressure. entirely under section 776 of the Act. duties deposited as a result of the VF—Identifies an agricultural tire to Where the rates for investigated suspension of liquidation will be operate at 40 percent higher rated load than companies are zero or de minimis, or refunded. standard metric tires at the same inflation based entirely on facts otherwise pressure. available, section 705(c)(5)(A)(ii) of the ITC Notification Suffix designations: Act instructs the Department to In accordance with section 705(d) of ML—Mining and logging tires used in establish an ‘‘all others’’ rate using ‘‘any the Act, we will notify the ITC of our intermittent highway service. reasonable method.’’ determination. In addition, we are DT—Tires primarily designed for sand and Because the only individually making available to the ITC all non- paver service. calculated rate is not zero, de minimis, NHS—Not for Highway Service. privileged and non-proprietary TG—Tractor Grader, off-the-road tire for or based entirely on facts otherwise information related to this investigation. use on rims having bead seats with nominal available, in accordance with We will allow the ITC access to all +0.188’’ diameter (not for highway service). 705(c)(5)(A)(i) of the Act, the rate privileged and business proprietary K—Compactor tire for use on 5° drop calculated for Camso Loadstar is information in our files, provided the center or semi-drop center rims having bead assigned as the all-others rate. We ITC confirms that it will not disclose seats with nominal minus 0.032 diameter. determine the total estimated net such information, either publicly or IND—Drive wheel tractor tire used in countervailable subsidy rates to be: under an administrative protective order industrial service. SL—Service limited to agricultural usage. (APO), without the written consent of FI—Implement tire for agricultural towed Subsidy rate the Assistant Secretary for Enforcement Company highway service. (percent) and Compliance. CFO—Cyclic Field Operation. Camso Loadstar (Private), Return or Destruction of Proprietary SS—Differentiates tires for off-highway Ltd. .................................... 2.18 vehicles such as mini and skid-steer loaders Information from other tires which use similar size All Others .............................. 2.18 In the event that the ITC issues a final designations such as 7.00–15TR and 7.00– Suspension of Liquidation negative injury determination, this 15NHS, but may use different rim bead seat notice will serve as the only reminder configurations. As a result of our affirmative to parties subject to the APO of their All tires marked with any of the prefixes Preliminary Determination and our responsibility concerning the or suffixes listed above in their sidewall affirmative critical circumstances markings are covered by the scope regardless destruction of proprietary information of their intended use. determination, pursuant to sections disclosed under APO in accordance 703(d) and 703(e)(2)(A) of the Act, we In addition, all tires that lack any of the pmangrum on DSK3GDR082PROD with NOTICES with 19 CFR 351.305(a)(3). Timely prefixes or suffixes listed above in their instructed U.S. Customs and Border written notification of the return/ sidewall markings are included in the scope, Protection (CBP) to suspend liquidation destruction of APO materials or of entries of subject merchandise from conversion to judicial protective order is 6 While tube-type tires are subject to the scope of hereby requested. Failure to comply this proceeding, tubes and flaps are not subject 4 See Letter from Petitioners, regarding Certain merchandise and therefore are not covered by the New Pneumatic Off-The-Road Tires from Sri with the regulations and terms of an scope of this proceeding, regardless of the manner Lanka—Petitioners’ Critical Circumstances in which they are sold (e.g., sold with or separately Allegation, dated May 24, 2016. 5 See Preliminary Determination. from subject merchandise). VerDate Sep<11>2014 14:59 Jan 09, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1

Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices 2951 regardless of their intended use, as long as light trucks, and other vehicles or other Comment 6: Whether to Use Camso the tire is of a size that is among the services, which use a similar designation. Loadstar’s Revised FOB Sales Data for numerical size designations listed in the Example: 8R17.5 LT, 8R17.5 HC; Denominator following sections of the Tire and Rim LT—Identifies light truck tires for service Comment 7: Whether the Department Association Year Book, as updated annually, on trucks, buses, trailers, and multipurpose Should Continue to Find Critical unless the tire falls within one of the specific passenger vehicles used in nominal highway Circumstances exclusions set forth below. The sections of service; Comment 8: Whether to Terminate the the Tire and Rim Association Year Book ST—Special tires for trailers in highway Investigation listing numerical size designations of covered service; and VIII. Recommendation certain off road tires include: M/C—Identifies tires and rims for [FR Doc. 2017–00266 Filed 1–9–17; 8:45 am] The table of mining and logging tires motorcycles. included in the section on Truck-Bus tires; BILLING CODE 3510–DS–P The following types of tires are also The entire section on Off-the-Road tires; excluded from the scope: Pneumatic tires The entire section on Agricultural tires; that are not new, including recycled or and retreaded tires and used tires; non-pneumatic DEPARTMENT OF COMMERCE The following tables in the section on tires, including solid rubber tires; aircraft Industrial/ATV/Special Trailer tires: tires; and turf, lawn and garden, and golf International Trade Administration • Industrial, Mining, Counterbalanced Lift tires. Also excluded from the scope are Truck (Smooth Floors Only); mining and construction tires that have a rim Antidumping or Countervailing Duty • Industrial and Mining (Other than diameter equal to or exceeding 39 inches. Order, Finding, or Suspended Smooth Floors); Such tires may be distinguished from other Investigation; Opportunity To Request • Construction Equipment; tires of similar size by the number of plies Administrative Review • Off-the-Road and Counterbalanced Lift that the construction and mining tires Truck (Smooth Floors Only); contain (minimum of 16) and the weight of AGENCY: Enforcement and Compliance, • Aerial Lift and Mobile Crane; and such tires (minimum 1500 pounds). International Trade Administration, • Utility Vehicle and Lawn and Garden The subject merchandise is currently Department of Commerce. Tractor. classifiable under Harmonized Tariff FOR FURTHER INFORMATION CONTACT: Certain off road tires, whether or not Schedule of the United States (HTSUS) mounted on wheels or rims, are included in Brenda E. Waters, Office of AD/CVD subheadings: 4011.20.1025, 4011.20.1035, Operations, Customs Liaison Unit, the scope. However, if a subject tire is 4011.20.5030, 4011.20.5050, 4011.61.0000, imported mounted on a wheel or rim, only Enforcement and Compliance, 4011.62.0000, 4011.63.0000, 4011.69.0050, the tire is covered by the scope. Subject International Trade Administration, 4011.92.0000, 4011.93.4000, 4011.93.8000, merchandise includes certain off road tires 4011.94.4000, 4011.94.8000, 8431.49.9038, U.S. Department of Commerce, 14th produced in the subject countries whether 8431.49.9090, 8709.90.0020, and Street and Constitution Avenue NW., mounted on wheels or rims in a subject 8716.90.1020. Tires meeting the scope Washington, DC 20230, telephone: (202) country or in a third country. Certain off road description may also enter under the 482–4735. tires are covered whether or not they are following HTSUS subheadings: accompanied by other parts, e.g., a wheel, 4011.99.4550, 4011.99.8550, 8424.90.9080, Background rim, axle parts, bolts, nuts, etc. Certain off 8431.20.0000, 8431.39.0010, 8431.49.1090, road tires that enter attached to a vehicle are Each year during the anniversary 8431.49.9030, 8432.90.0005, 8432.90.0015, month of the publication of an not covered by the scope. 8432.90.0030, 8432.90.0080, 8433.90.5010, Specifically excluded from the scope are antidumping or countervailing duty 8503.00.9560, 8708.70.0500, 8708.70.2500, order, finding, or suspended passenger vehicle and light truck tires, racing 8708.70.4530, 8716.90.5035 and tires, mobile home tires, motorcycle tires, all- 8716.90.5055. While HTSUS subheadings are investigation, an interested party, as terrain vehicle tires, bicycle tires, on-road or provided for convenience and customs defined in section 771(9) of the Tariff on-highway trailer tires, and truck and bus purposes, the written description of the Act of 1930, as amended (‘‘the Act’’), tires. Such tires generally have in common subject merchandise is dispositive. may request, in accordance with 19 CFR that the symbol ‘‘DOT’’ must appear on the 351.213, that the Department of sidewall, certifying that the tire conforms to Appendix II applicable motor vehicle safety standards. Commerce (‘‘the Department’’) conduct Such excluded tires may also have the List of Topics Discussed in the Issues and an administrative review of that following prefixes and suffixes included as Decision Memorandum antidumping or countervailing duty part of the size designation on their I. Summary order, finding, or suspended sidewalls: II. Background investigation. Prefix letter designations: III. List of Issues All deadlines for the submission of AT—Identifies a tire intended for service IV. Subsidies Valuation Information comments or actions by the Department on All-Terrain Vehicles; V. Critical Circumstances discussed below refer to the number of P—Identifies a tire intended primarily for VI. Analysis of Programs calendar days from the applicable service on passenger cars; VII. Analysis of Comments starting date. LT—Identifies a tire intended primarily for Comment 1: Whether Camso Loadstar service on light trucks; Benefited from Exemptions/Concessions Respondent Selection T—Identifies a tire intended for one- for Fiscal Levies on Imports of Spare position ‘‘temporary use’’ as a spare only; Parts In the event the Department limits the and Comment 2: Whether the Provision of Tax number of respondents for individual ST—Identifies a special tire for trailers in Concession for Exporters of Non- examination for administrative reviews highway service. Traditional Products Program is initiated pursuant to requests made for Suffix letter designations: Countervailable the orders identified below, the pmangrum on DSK3GDR082PROD with NOTICES TR—Identifies a tire for service on trucks, Comment 3: Whether the Nation Building Department intends to select buses, and other vehicles with rims having Tax Preferences Program is Specific and respondents based on U.S. Customs and specified rim diameter of nominal plus Constitutes a Financial Contribution Border Protection (‘‘CBP’’) data for U.S. 0.156’’ or plus 0.250’’; Comment 4: Whether Camso Loadstar MH—Identifies tires for Mobile Homes; Benefited from the Guaranteed Price imports during the period of review. We HC—Identifies a heavy duty tire designated Scheme for Rubber intend to release the CBP data under for use on ‘‘HC’’ 15’’ tapered rims used on Comment 5: Whether to Use U.S. Dollar Administrative Protective Order trucks, buses, and other vehicles. This suffix Amounts Recorded by Camso Loadstar to (‘‘APO’’) to all parties having an APO is intended to differentiate among tires for Determine Subsidy Rates within five days of publication of the VerDate Sep<11>2014 14:59 Jan 09, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1


Document Created: 2018-02-01 14:54:10
Document Modified: 2018-02-01 14:54:10
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 January 10, 2017.
ContactE. Whitley Herndon, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6274.
FR Citation82 FR 2949 
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