82 FR 4848 - 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
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 10 (January 17, 2017)
International Trade Administration
Federal Register Volume 82, Issue 10 (January 17, 2017)
| Page Range | 4848-4850 | |
| FR Document | 2017-00869 |
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)] [Notices] [Pages 4848-4850] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00869] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-869] 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 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that imports of certain new pneumatic off-the-road tires (OTR tires) from India are not being, or are not likely to be, sold in the United States at less than fair value (LTFV). The final estimated weighted-average dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination.'' The finding for whether critical circumstances exist for producers and exporters subject to the all- others rate is moot because the antidumping duty margins for Alliance Tires Private Limited (ATC) and Balkrishna Industries Limited (BKT) are zero. The period of investigation is January 1, 2015, through December 31, 2015. DATES: Effective January 17, 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 On August 19, 2016, the Department published the Preliminary Determination in the Federal Register. \1\ In the Preliminary Determination, we postponed the final determination until no later than 135 days after the date of publication of the Preliminary Determination in accordance with section 735(a)(2) of the Tariff Act of 1930, as amended (the Act).\2\ --------------------------------------------------------------------------- \1\ See Certain New Pneumatic Off-the-Road Tires: Negative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 55431 (August 19, 2016) (``Preliminary Determination'') and accompanying Preliminary Decision Memorandum. \2\ See Preliminary Determination, 81 FR at 55432. --------------------------------------------------------------------------- A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.\3\ 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. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance ``Certain New Pneumatic Off-the-Road Tires from India: Issues and Decision Memorandum for the Final Determination of Sales at Less Than Fair Value,'' dated concurrently with this determination and hereby adopted by this notice (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- Scope Comments In accordance with the Preliminary Determination, the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues.\4\ In the Preliminary Determination, we did not modify the scope language as it appeared in the Initiation Notice.\5\ No interested party submitted scope comments in case or rebuttal briefs. Therefore, the scope of this investigation remains unchanged for this final determination.\6\ --------------------------------------------------------------------------- \4\ See Preliminary Determination, 81 FR at 55432, and accompanying Preliminary Decision Memorandum at ``Scope Comments.'' \5\ Id.; see also Certain New Pneumatic Off-the-Road Tires from India and the People's Republic of China: Initiation of Less-Than- Fair-Value Investigations, 81 FR 7073 (February 10, 2016) (``Initiation Notice''). \6\ The Department has added two additional subheadings from the Harmonized Tariff Schedule of the United States to the list included for convenience and customs purposes since the Preliminary Determination. No revisions were made to the written description of the subject merchandise. --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are OTR tires from India. For a complete description of the scope of the investigation, see Appendix I of this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of these issues is attached to this notice at Appendix II. Verification As provided in section 782(i) of the Act, in August and September 2016, we conducted sales and cost verifications of the questionnaire responses submitted by ATC and BKT. We used standard verification procedures, including an examination of relevant accounting and production records, as well as original source documents provided by both respondents. Changes to the Dumping Margin Calculations Since the Preliminary Determination Based on our analysis of the comments received, pre-verification findings, and our findings at verification, we made certain changes to the dumping margin calculations for each respondent, ATC and BKT. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Adverse Facts Available The Department has relied on partial adverse facts available under sections 776(a) and (b) of the Act.\7\ A full discussion of our decision to rely on adverse facts available is presented in the Issues and Decision Memorandum. --------------------------------------------------------------------------- \7\ See Sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- [[Page 4849]] Final Determination of Critical Circumstances On December 9, 2016, Petitioners \8\ filed a timely critical circumstances allegation pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(b), alleging that critical circumstances exist with respect to imports of the merchandise under consideration.\9\ The finding for whether critical circumstances exist with respect to producers and exporters subject to the all others rate is moot because the antidumping duty margins for ATC and BKT are zero. --------------------------------------------------------------------------- \8\ Titan Tire Corporation (Titan) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (USW) (collectively, Petitioners). \9\ Letter from ATC, ``Certain New Pneumatic Off-the-Road Tires from India--Petitioners' Critical Circumstances Allegation,'' dated December 9, 2016. --------------------------------------------------------------------------- Final Determination The Department determines, as provided in section 735 of the Act, that the following weighted-average dumping margins exist for the period January 1, 2015 through December 31, 2015: ------------------------------------------------------------------------ Weighted- average Cash deposit adjusted for Exporter/producer margin subsidy offset (percent) ------------------------------------------------------------------------ ATC Tires Private Ltd............ 0.00 Not Applicable. Balkrishna Industries Limited.... 0.00 Not Applicable. All-Others....................... 0.00 Not Applicable. ------------------------------------------------------------------------ Consistent with section 735(c)(1) of the Act, the Department has not determined an estimated all-others rate because it has not made an affirmative final determination of sales at LTFV. Suspension of Liquidation Because the Department has not made an affirmative final determination of sales at LTFV, we are not directing U.S. Customs and Border Protection to suspend liquidation of any entries of OTR tires from India. In the final determination of the companion countervailing duty investigation of OTR tires from India, the Department determined that the all other companies received a benefit from export subsidies.\10\ In the instant investigation, the antidumping duty margins ATC and BKT are zero and no cash deposits will be collected. Therefore, no adjustment is required for export subsidies pursuant to sections 735(c)(1) and 772(c)(1)(C) of the Act and 19 CFR 351.210(d). --------------------------------------------------------------------------- \10\ 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, dated concurrently with this notice. --------------------------------------------------------------------------- Disclosure We will disclose the calculations performed to interested parties in this proceeding within five days of the date of announcement, in accordance with 19 CFR 351.224(b). U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission of our final determination. Notification Regarding Administrative Protective Orders (APOs) This notice will serve as a reminder to parties subject to APOs of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). 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 \11\ or tubeless, radial, or non- radial, regardless of whether for original equipment manufacturers or the replacement market. --------------------------------------------------------------------------- \11\ 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). --------------------------------------------------------------------------- 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 [[Page 4850]] 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, 8716.90.5055, 8716.90.5056 and 8716.90.5059. 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. List of Issues III. Background IV. Scope of the Investigation V. Discussion of the Issues: Comment 1: Standard Differential Pricing Methodology Comment 2: Unreported U.S. Sample Sales Comment 3: Sales Outside the Ordinary Course of Trade Comment 4: Commission Offset Comment 5: ATC's Revised Cost Database Submitted After Verification Comment 6: Affirmative Determination of ATC Comment 7: Correction of Minor Errors from U.S. Sales Verification Comment 8: Warranty Comment 9: Other Discounts Comment 10: Classification of BKT's Sales Comment 11: Duty Drawback Comment 12: CEP Offset Comment 13: Quantity Unit of Measure Comment 14: Correction of Verification Errors Comment 15: Correction of Preliminary Determination Errors VI. Recommendation [FR Doc. 2017-00869 Filed 1-13-17; 8:45 am] BILLING CODE 3510-DS-P
![4848 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
unliquidated entries of subject Compliance, International Trade the Preliminary Determination, we did
merchandise based on the revised Administration, U.S. Department of not modify the scope language as it
dumping margins listed above. Commerce, 1401 Constitution Avenue appeared in the Initiation Notice.5 No
NW., Washington, DC 20230; telephone: interested party submitted scope
Cash Deposit Requirements
(202) 482–6412, or (202) 482–4852, comments in case or rebuttal briefs.
The Department notified CBP to respectively. Therefore, the scope of this
discontinue the collection of cash investigation remains unchanged for
SUPPLEMENTARY INFORMATION:
deposits on entries of the subject this final determination.6
merchandise, entered or withdrawn Background
from warehouse, on or after February Scope of the Investigation
On August 19, 2016, the Department
14, 2012, due to the revocation of the published the Preliminary The products covered by this
order.21 Therefore, no cash deposit Determination in the Federal Register. 1 investigation are OTR tires from India.
requirements will be imposed as a result In the Preliminary Determination, we For a complete description of the scope
of these amended final results. postponed the final determination until of the investigation, see Appendix I of
Notice to Interested Parties no later than 135 days after the date of this notice.
publication of the Preliminary
This notice is issued and published in Determination in accordance with Analysis of Comments Received
accordance with sections 516A(e)(1), section 735(a)(2) of the Tariff Act of
751(a)(1), and 777(i)(1) of the Act. All issues raised in the case and
1930, as amended (the Act).2
Dated: January 10, 2017. A summary of the events that rebuttal briefs that were submitted by
Paul Piquado, occurred since the Department parties in this investigation are
published the Preliminary addressed in the Issues and Decision
Assistant Secretary for Enforcement and
Compliance, Determination, as well as a full Memorandum. A list of these issues is
discussion of the issues raised by parties attached to this notice at Appendix II.
[FR Doc. 2017–00882 Filed 1–13–17; 8:45 am]
BILLING CODE 3510–DS–P for this final determination, may be Verification
found in the Issues and Decision
Memorandum.3 The Issues and Decision As provided in section 782(i) of the
DEPARTMENT OF COMMERCE Memorandum is a public document, Act, in August and September 2016, we
and is on file electronically via conducted sales and cost verifications of
International Trade Administration Enforcement and Compliance’s the questionnaire responses submitted
[A–533–869] Antidumping and Countervailing Duty by ATC and BKT. We used standard
Centralized Electronic Service System verification procedures, including an
Certain New Pneumatic Off-the-Road (ACCESS). ACCESS is available to examination of relevant accounting and
Tires From India: Final Negative registered users at http:// production records, as well as original
Determination of Sales at Less Than access.trade.gov, and is available to all source documents provided by both
Fair Value and Final Determination of parties in the Central Records Unit, respondents.
Critical Circumstances room B8024 of the main Department of Changes to the Dumping Margin
Commerce building. In addition, a Calculations Since the Preliminary
AGENCY: Enforcement and Compliance,
complete version of the Issues and Determination
International Trade Administration,
Decision Memorandum can be accessed
Department of Commerce.
directly at http://enforcement.trade.gov. Based on our analysis of the
SUMMARY: The Department of Commerce The signed and electronic versions of comments received, pre-verification
(Department) determines that imports of the Issues and Decision Memorandum findings, and our findings at
certain new pneumatic off-the-road tires are identical in content. verification, we made certain changes to
(OTR tires) from India are not being, or the dumping margin calculations for
are not likely to be, sold in the United Scope Comments
each respondent, ATC and BKT. For a
States at less than fair value (LTFV). The In accordance with the Preliminary discussion of these changes, see the
final estimated weighted-average Determination, the Department set aside Issues and Decision Memorandum.
dumping margins of sales at LTFV are a period of time for parties to address
listed below in the section entitled scope issues in case briefs or other Use of Adverse Facts Available
‘‘Final Determination.’’ The finding for written comments on scope issues.4 In
whether critical circumstances exist for The Department has relied on partial
producers and exporters subject to the 1 See Certain New Pneumatic Off-the-Road Tires:
adverse facts available under sections
all-others rate is moot because the Negative Preliminary Determination of Sales at Less 776(a) and (b) of the Act.7 A full
antidumping duty margins for Alliance Than Fair Value and Postponement of Final discussion of our decision to rely on
Determination, 81 FR 55431 (August 19, 2016) adverse facts available is presented in
Tires Private Limited (ATC) and (‘‘Preliminary Determination’’) and accompanying
Balkrishna Industries Limited (BKT) are Preliminary Decision Memorandum.
the Issues and Decision Memorandum.
zero. The period of investigation is 2 See Preliminary Determination, 81 FR at 55432.
5 Id.; see also Certain New Pneumatic Off-the-
January 1, 2015, through December 31, 3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Road Tires from India and the People’s Republic of
2015. China: Initiation of Less-Than-Fair-Value
Countervailing Duty Operations, to Paul Piquado,
DATES: Effective January 17, 2017. Assistant Secretary for Enforcement and Investigations, 81 FR 7073 (February 10, 2016)
sradovich on DSK3GMQ082PROD with NOTICES
FOR FURTHER INFORMATION CONTACT: Lilit Compliance ‘‘Certain New Pneumatic Off-the-Road (‘‘Initiation Notice’’).
Tires from India: Issues and Decision Memorandum 6 The Department has added two additional
Astvatsatrian or Trisha Tran, AD/CVD for the Final Determination of Sales at Less Than subheadings from the Harmonized Tariff Schedule
Operations, Office IV, Enforcement and Fair Value,’’ dated concurrently with this of the United States to the list included for
determination and hereby adopted by this notice convenience and customs purposes since the
21 See Corrosion-Resistant Carbon Steel Flat (‘‘Issues and Decision Memorandum’’). Preliminary Determination. No revisions were made
Products from Germany and the Republic of Korea: 4 See Preliminary Determination, 81 FR at 55432, to the written description of the subject
Revocation of Antidumping and Countervailing and accompanying Preliminary Decision merchandise.
Duty Orders, 78 FR 16832, 16833 (March 19, 2013). Memorandum at ‘‘Scope Comments.’’ 7 See Sections 776(a) and (b) of the Act.
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![4850 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
tires, mobile home tires, motorcycle tires, all- 8716.90.5056 and 8716.90.5059. While Background
terrain vehicle tires, bicycle tires, on-road or HTSUS subheadings are provided for
on-highway trailer tires, and truck and bus convenience and customs purposes, the On November 2, 2016, the Department
tires. Such tires generally have in common written description of the subject published its preliminary affirmative
that the symbol ‘‘DOT’’ must appear on the merchandise is dispositive. determination that countervailable
sidewall, certifying that the tire conforms to subsidies are being provided to
applicable motor vehicle safety standards. Appendix II producers and exporters of ammonium
Such excluded tires may also have the List of Topics Discussed in the Issues and sulfate from the PRC in the Federal
following prefixes and suffixes included as Decision Memorandum Register.1 We invited interested parties
part of the size designation on their to comment on our Preliminary
sidewalls: I. Summary
Prefix letter designations: II. List of Issues Determination, and/or request a hearing.
AT—Identifies a tire intended for service III. Background No party, including the mandatory
on All-Terrain Vehicles; IV. Scope of the Investigation respondents 2 and the Government of
P—Identifies a tire intended primarily for V. Discussion of the Issues: China (GOC), submitted comments or
service on passenger cars; Comment 1: Standard Differential Pricing requested a hearing.
LT—Identifies a tire intended primarily for Methodology
service on light trucks; Comment 2: Unreported U.S. Sample Sales Scope of the Investigation
T—Identifies a tire intended for one- Comment 3: Sales Outside the Ordinary The product covered by this
position ‘‘temporary use’’ as a spare only; Course of Trade investigation is ammonium sulfate from
and Comment 4: Commission Offset
Comment 5: ATC’s Revised Cost Database
the PRC. For a complete description of
ST—Identifies a special tire for trailers in the scope of this investigation, see
highway service. Submitted After Verification
Suffix letter designations: Comment 6: Affirmative Determination of Appendix II.
TR—Identifies a tire for service on trucks, ATC Verification
buses, and other vehicles with rims having Comment 7: Correction of Minor Errors
specified rim diameter of nominal plus from U.S. Sales Verification None of the mandatory respondents in
0.156’’ or plus 0.250’’; Comment 8: Warranty this investigation provided information
MH—Identifies tires for Mobile Homes; Comment 9: Other Discounts requested by the Department. Hence, no
HC—Identifies a heavy duty tire designated Comment 10: Classification of BKT’s Sales verification was conducted.
for use on ‘‘HC’’ 15’’ tapered rims used on Comment 11: Duty Drawback
trucks, buses, and other vehicles. This suffix Comment 12: CEP Offset Use of Adverse Facts Available (AFA)
is intended to differentiate among tires for Comment 13: Quantity Unit of Measure As discussed above, we received no
light trucks, and other vehicles or other Comment 14: Correction of Verification comments from interested parties
services, which use a similar designation. Errors
pertaining to the Preliminary
Example: 8R17.5 LT, 8R17.5 HC; Comment 15: Correction of Preliminary
Determination Errors
Determination. Therefore, for this final
LT—Identifies light truck tires for service determination, and pursuant to sections
on trucks, buses, trailers, and multipurpose VI. Recommendation
passenger vehicles used in nominal highway
776(a)–(d) of the Tariff Act of 1930, as
[FR Doc. 2017–00869 Filed 1–13–17; 8:45 am]
service; amended (the Act), we continue to rely
BILLING CODE 3510–DS–P
ST—Special tires for trailers in highway on facts available for Wuzhoufeng AST
service; and and Yantai AMP, the two mandatory
M/C—Identifies tires and rims for respondents, and the GOC, which did
DEPARTMENT OF COMMERCE
motorcycles. not respond to our countervailing duty
The following types of tires are also questionnaires.3 Further, we continue to
International Trade Administration
excluded from the scope: Pneumatic tires find that Wuzhoufeng AST, Yantai
that are not new, including recycled or AMP, and the GOC failed to act to the
retreaded tires and used tires; non-pneumatic [C–570–050]
best of their ability and, therefore, we
tires, including solid rubber tires; aircraft
tires; and turf, lawn and garden, and golf Ammonium Sulfate From the People’s are drawing an adverse inference in
tires. Also excluded from the scope are Republic of China: Final Affirmative selecting from among the facts
mining and construction tires that have a rim Countervailing Duty Determination otherwise available to determine
diameter equal to or exceeding 39 inches. whether the programs subject to this
Such tires may be distinguished from other AGENCY: Enforcement and Compliance, investigation constitute countervailable
tires of similar size by the number of plies International Trade Administration, subsidies and to calculate the ad
that the construction and mining tires Department of Commerce. valorem rates for Wuzhoufeng AST and
contain (minimum of 16) and the weight of Yantai AMP.4
SUMMARY: The Department of Commerce
such tires (minimum 1500 pounds). For this final determination, as AFA,
The subject merchandise is currently (the Department) determines that
countervailable subsidies are being we continue to find all programs
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) provided to producers and exporters of 1 See Countervailing Duty Investigation of
subheadings: 4011.20.1025, 4011.20.1035, ammonium sulfate from the People’s Ammonium Sulfate from the People’s Republic of
4011.20.5030, 4011.20.5050, 4011.61.0000, Republic of China (PRC). The period of China: Preliminary Affirmative Determination, 81
4011.62.0000, 4011.63.0000, 4011.69.0050, investigation is January 1, 2015 through FR 76332 (November 2, 2016) (Preliminary
4011.92.0000, 4011.93.4000, 4011.93.8000, December 31, 2015. Determination).
4011.94.4000, 4011.94.8000, 8431.49.9038, 2 The Department selected Wuzhoufeng
8431.49.9090, 8709.90.0020, and DATES: Effective January 17, 2017. Agricultural Science & Technology Co. Ltd.
8716.90.1020. Tires meeting the scope FOR FURTHER INFORMATION CONTACT: (Wuzhoufeng AST) and Yantai Jiahe Agriculture
sradovich on DSK3GMQ082PROD with NOTICES
description may also enter under the Means of Production Co. Ltd. (Yantai AMP) as
Robert Galantucci, AD/CVD Operations, mandatory respondents.
following HTSUS subheadings: Office IV, Enforcement and Compliance, 3 See Memorandum, ’’ Decision Memorandum for
4011.99.4550, 4011.99.8550, 8424.90.9080, International Trade Administration, the Preliminary Affirmative Determination in the
8431.20.0000, 8431.39.0010, 8431.49.1090,
U.S. Department of Commerce, 1401 Countervailing Duty Investigation of Ammonium
8431.49.9030, 8432.90.0005, 8432.90.0015, Sulfate from the People’s Republic of China,’’ dated
8432.90.0030, 8432.90.0080, 8433.90.5010, Constitution Avenue NW., Washington,
October 24, 2016 (Preliminary Decision
8503.00.9560, 8708.70.0500, 8708.70.2500, DC 20230; telephone (202) 482–2923. Memorandum) at 1–2, 5–7 and Attachment 1.
8708.70.4530, 8716.90.5035, 8716.90.5055, SUPPLEMENTARY INFORMATION: 4 See sections 776(a) and (b) of the Act.
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Document Created: 2017-01-14 01:45:05
Document Modified: 2017-01-14 01:45:05
| 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 January 17, 2017. | |
| 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. | |
| FR Citation | 82 FR 4848 |
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