82 FR 8606 - Truck and Bus Tires From the People's Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 17 (January 27, 2017)
International Trade Administration
Federal Register Volume 82, Issue 17 (January 27, 2017)
| Page Range | 8606-8608 | |
| FR Document | 2017-01862 |
[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)] [Notices] [Pages 8606-8608] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01862] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-041] Truck and Bus Tires From the People's Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, in Part 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 truck and bus tires from the People's Republic of China (PRC). For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2015, through December 31, 2015. DATES: Effective January 27, 2017. FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Mark Kennedy, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2778 or (202) 482-7883, respectively. Background The Department published the Preliminary Determination on July 5, 2016.\1\ 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.\2\ 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/. The signed Issues and Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \1\ See Truck and Bus Tires From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Determination, 81 FR 43577 (July 5, 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 Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Truck and Bus Tires from the People's Republic of China,'' dated concurrently with this determination (Issues and Decision Memorandum) and hereby adopted by this notice. --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are truck and bus tires from the PRC. For a full description of the scope of the investigation, see Appendix I. Scope Comments Since the Preliminary Determination, the Department has received comments on the scope of this investigation from the parties in this investigation. See Issues and Decision Memorandum for further details. The scope in Appendix I reflects the final scope language. 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 raised by parties, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II. Use of Adverse Facts Available In making this final determination, the Department relied, in part, on facts available and, because the Government of China and a respondent company did not act to the best of their abilities in responding to the Department's requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available, pursuant to section 776(a) and (b) of the Tariff Act of 1930, as amended, (the Act). For further information, see the section ``Use of Facts Otherwise Available and Adverse Inferences'' in the accompanying Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of information requested and received from the GOC and the company respondents since the Preliminary Determination, the results of verification, and the comments received from parties, we have made certain changes to the respondents' subsidy rate calculations. For discussion [[Page 8607]] of these changes, see the Issues and Decision Memorandum. Final Determination of Critical Circumstances, in Part In the Preliminary Determination, the Department found that critical circumstances exist with respect to truck and bus tires from the PRC produced and/or exported by Guizhou Tyre Co., Ltd. (GTC) and its cross-owned trading company, Guizhou Tyre Import and Export Co., Ltd. (GTCIE), but did not exist for Double Coin or all other companies. Upon further analysis of the data following the Preliminary Determination, under section 705(a)(2) of the Act, we continue to find that critical circumstances do not exist with respect to imports of truck and bus tires from the PRC for Double Coin and that critical circumstances exist with respect to imports of truck and bus tires from the PRC for GTC and GTCIE. In addition, for purposes of this final determination, we find that critical circumstances exist with respect to imports of truck and bus tires from the PRC for all other companies. A discussion of our determination can be found in the Issues and Decision Memorandum. Final Determination We determine that countervailable subsidies are being provided with respect to the manufacture, production, or exportation of the subject merchandise. In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated a CVD rate for each individually-investigated producer/ exporter of the subject merchandise. In accordance with section 705(c)(5)(A)(i) of the Act, for companies not individually examined, we apply an ``all-others'' rate, which is normally calculated by weighting the subsidy rates of the mandatory respondents by those companies' exports of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the all-others rate should exclude zero and de minimis rates or any rates based entirely on facts otherwise available pursuant to section 776 of the Act. Neither of the mandatory respondents' rates in this final determination was zero or de minimis or based entirely on facts otherwise available. In order to ensure that business proprietary information is not disclosed, we have calculated the all-others rate as a simple average of the countervailable subsidy rates found for the two mandatory respondents.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to the File, ``Calculation of the All-Others Rate'' dated concurrently with this final determination. --------------------------------------------------------------------------- We determine the countervailable subsidy rates to be: ------------------------------------------------------------------------ Subsidy Rate Company (percent) ------------------------------------------------------------------------ Shanghai Huayi Group Corporation Limited; Double Coin 38.61 Holdings Ltd.; Double Coin Group (Jiangsu) Tyre Co., Ltd.; Double Coin Group (Chongqing) Tyre Co., Ltd.; Double Coin Group Shanghai Donghai Tyre Co. Ltd.; Double Coin Group (Xinjiang) Kunlun Tyre Co., Ltd...... Guizhou Tyre Import and Export Co., Ltd.; Guizhou Tyre 65.46 Co., Ltd............................................... All-Others.............................................. 52.04 ------------------------------------------------------------------------ Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of truck and bus tires from the PRC exported by Double Coin and all other companies that were entered, or withdrawn from warehouse, for consumption on or after July 5, 2016, the date of the publication of the Preliminary Determination in the Federal Register. With respect to entries of subject merchandise exported by GTC and GTCIE, as a result of our preliminary affirmative critical circumstances determination, we instructed CBP to suspend liquidation of entries that were entered, or withdrawn from warehouse, for consumption on or after April 6, 2016, which is 90 days before the date of the publication of the Preliminary Determination in the Federal Register. At that time, we also instructed CBP to collect cash deposits of estimated countervailing duties at the rates determined in the Preliminary Determination for such entries of merchandise. In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after November 2, 2016, but to continue the suspension of all entries from April 6, 2016, or July 5, 2016 (for GTC and GTCIE, or Double Coin and all other companies, respectively) through November 1, 2016, as appropriate. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and will reinstate the suspension of liquidation under section 706(a) of the Act and will require a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated above. On the basis of our final affirmative critical circumstances determination, we will instruct CBP to suspend liquidation on entries of truck and bus tires from China for all other companies effective April 6, 2016. 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 or securities posted as a result of the suspension of liquidation will be refunded or canceled. 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 relating 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 an 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/ [[Page 8608]] 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 that is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: January 19, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The scope of the investigation covers truck and bus tires. Truck and bus tires are new pneumatic tires, of rubber, with a truck or bus size designation. Truck and bus tires covered by this investigation may be tube-type, tubeless, radial, or non-radial. Subject tires have, at the time of importation, the symbol ``DOT'' on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have one of the following suffixes in their tire size designation, which also appear on the sidewall of the tire: TR--Identifies tires for service on trucks or buses to differentiate them from similarly sized passenger car and light truck tires; and HC--Identifies a 17.5 inch rim diameter code for use on low platform trailers. All tires with a ``TR'' or ``HC'' suffix in their size designations are covered by this investigation regardless of their intended use. In addition, all tires that lack one of the above suffix markings are included in the scope, regardless of their intended use, as long as the tire is of a size that is among the numerical size designations listed in the ``Truck-Bus'' section of the Tire and Rim Association Year Book, as updated annually, unless the tire falls within one of the specific exclusions set out below. Truck and bus tires, whether or not mounted on wheels or rims, are included in the scope. However, if a subject tire is imported mounted on a wheel or rim, only the tire is covered by the scope. Subject merchandise includes truck and bus tires produced in the subject country whether mounted on wheels or rims in the subject country or in a third country. Truck and bus tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Truck and bus tires that enter attached to a vehicle are not covered by the scope. Specifically excluded from the scope of this investigation are the following types of tires: (1) Pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; (2) non- pneumatic tires, such as solid rubber tires; and (3) tires that exhibit each of the following physical characteristics: (a) The designation ``MH'' is molded into the tire's sidewall as part of the size designation; (b) the tire incorporates a warning, prominently molded on the sidewall, that the tire is for ``Mobile Home Use Only;'' and (c) the tire is of bias construction as evidenced by the fact that the construction code included in the size designation molded into the tire's sidewall is not the letter ``R.'' The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1015 and 4011.20.5020. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.69.0020, 4011.69.0090, 4011.70.00, 4011.90.80, 4011.99.4520, 4011.99.4590, 4011.99.8520, 4011.99.8590, 8708.70.4530, 8708.70.6030, 8708.70.6060, and 8716.90.5059.\4\ --------------------------------------------------------------------------- \4\ On August 26, 2016, the Department included HTSUS subheadings 4011.69.0020, 4011.69.0090, and 8716.90.5059 to the case reference files, pursuant to requests by CBP and the petitioner. See Memorandum to the File entitled, ``Requests from Customs and Border Protection and the Petitioner to Update the ACE Case Reference File,'' dated August 26, 2016. On January 19, 2017, the Department included HTSUS subheadings 4011.70.00 and 4011.90.80 to the case reference files, pursuant to requests by CBP. See Memorandum to the File entitled, ``Requests from Customs and Border Protection to Update the ACE Case Reference File,'' dated January 19, 2017. --------------------------------------------------------------------------- While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II--List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Critical Circumstances V. Application of the Countervailing Duty Law to Imports from the PRC VI. Use of Facts Otherwise Available and Adverse Inferences VII. Subsidies Valuation VIII. Interest Rate Benchmarks; Discount Rates; Input, Electricity, and Land Benchmarks IX. Analysis of Programs X. Analysis of Comments Comment 1: Whether there is a Legal Basis for Investigating ``Other'' and/or ``Discovered Subsidies Comment 2: Whether to Find Non-Use for the Export Buyer's Credit Program Comment 3: Whether the Department was Able to Verify Non-Use with Exporters for the Export Buyer's Credit Program Comment 4: Whether Information Provided by the Respondents is Sufficient for the Export Buyer's Credit Program Comment 5: Whether to Find the Export Buyer's Credit Program Countervailable as AFA Comment 6: Identification of an AFA Rate for the Export Buyer's Credit Program Comment 7: Whether to Adjust the Ocean Freight and Import Duties Included in the Benchmarks for the Input for LTAR Calculations Comment 8: Whether the Ocean Freight Data includes ``Aberrational'' Prices Comment 9: Whether to Use Carbon Black World Market Prices Reported in US Dollars per MT Comment 10: Whether to Include Brokerage and Handling Costs in the Benchmarks for Carbon Black and Nylon Cord Comment 11: Whether to Average Benchmark Prices Comment 12: Whether to Use Actual Import Prices as the Benchmark for Measuring the Benefits from the Provision of Synthetic Rubber and Butadiene for LTAR Comment 13: Whether to Include in the Benefit Calculation Purchases of Synthetic Rubber and Butadiene Produced by a Russian Company Comment 14: Whether to Include in the Benefit Calculation Purchases of Inputs from Cross-Owned Affiliates Comment 15: Whether to Treat Double Coin as a Parent Company or a Producer for the Purposes of its Sales Denominator Comment 16: Whether to Adjust Double Coin's Sales Denominator Comment 17: Whether to Recognize Double Coin's 2016 Name Change Comment 18: Whether to Attribute to Double Coin Subsidies Received by Kunlun Engineering Comment 19: Whether to Attribute to Double Coin Subsidies Received by Tyre Research Comment 20: Whether to Adjust Guizhou Tyre's Sales Denominator Comment 21: Whether to Include Land Purchases from Affiliates in Calculating the Benefits from the Provision of Land for LTARs Comment 22: Whether to Conduct the 0.5 Percent Test on the Basis of all Land Purchases in 2009 Comment 23: Whether to Adjust the Benchmarks Used in the Measuring the Benefit from the Provision of Land for LTARs Comment 24: Whether to Adjustments the Calculations for the Provision of Land for LTARs for Guizhou Tyre Comment 25: Whether to Include ``Fund'' Amounts in the Electricity Price Paid by Guizhou Tyre Comment 26: Whether to Adjust the Electricity Benchmark Comment 27: Whether the Department Should Have Accepted Additional Loan and Grant Information Presented by Guizhou Tyre at Verification Comment 28: Whether to Apply AFA to Guizhou Tyre Regarding its Government Policy Lending Program Comment 29: What AFA Rate to Apply to Guizhou Tyre's Government Policy Lending Program Comment 30: Whether to Apply AFA to Grants First Identified at Verification Comment 31: Whether to Defer to the First Administrative Review the Investigation of Grants Presented by Guizhou Tyre at Verification Comment 32: Whether to Exclude Mobile Home Tires Comment 33: Whether to Limit the Exclusion of Tires Attached to Vehicles XI. Recommendation [FR Doc. 2017-01862 Filed 1-26-17; 8:45 am] BILLING CODE 3510-DS-P
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accordance with 19 CFR 351.205(e), DEPARTMENT OF COMMERCE ACCESS is available to registered users
section 703(c)(1) of the Act permits the at http://access.trade.gov, and is
Department to postpone the preliminary International Trade Administration available to all parties in the Central
determination until no later than 130 [C–570–041] Records Unit, Room B8024 of the main
days after the date on which the Department of Commerce building. In
Department initiated the investigation Truck and Bus Tires From the People’s addition, a complete version of the
if, among other reasons, Petitioners 3 Republic of China: Final Affirmative Issues and Decision Memorandum can
make a timely request for a Countervailing Duty Determination, be accessed directly at http://
postponement, or the Department Final Affirmative Critical enforcement.trade.gov/frn/. The signed
concludes that the parties concerned are Circumstances Determination, in Part Issues and Decision Memorandum and
cooperating and determines that the the electronic version are identical in
AGENCY: Enforcement and Compliance, content.
investigation is extraordinarily International Trade Administration,
complicated. Under 19 CFR 351.205(e), Department of Commerce. Scope of the Investigation
petitioners must submit a request for SUMMARY: The Department of Commerce The products covered by this
postponement 25 days or more before (the Department) determines that investigation are truck and bus tires
the scheduled date of the preliminary countervailable subsidies are being from the PRC. For a full description of
determination and must state the reason provided to producers and exporters of the scope of the investigation, see
for the request. The Department will truck and bus tires from the People’s Appendix I.
grant the request unless it finds Republic of China (PRC). For
compelling reasons to deny the request.4 information on the estimated subsidy Scope Comments
In the instant investigation, rates, see the ‘‘Final Determination’’ Since the Preliminary Determination,
Petitioners made a timely request, on section of this notice. The period of the Department has received comments
investigation is January 1, 2015, through on the scope of this investigation from
January 17, 2017, that we postpone the
December 31, 2015. the parties in this investigation. See
preliminary CVD determination.5 In
DATES: Effective January 27, 2017. Issues and Decision Memorandum for
accordance with 19 CFR 351.205(e), further details. The scope in Appendix
Petitioner has stated the reason for FOR FURTHER INFORMATION CONTACT:
Jennifer Shore or Mark Kennedy, AD/ I reflects the final scope language.
requesting a postponement of the
preliminary determination, and the CVD Operations, Office I, Enforcement Analysis of Subsidy Programs and
and Compliance, International Trade Comments Received
Department finds no compelling reason
Administration, U.S. Department of
to deny the request. Therefore, pursuant The subsidy programs under
Commerce, 1401 Constitution Avenue
to section 703(c)(1)(A) of the Act, we are investigation and the issues raised in
NW., Washington, DC 20230; telephone:
extending the due date for the (202) 482–2778 or (202) 482–7883, the case and rebuttal briefs by parties in
preliminary determination to no later respectively. this investigation are discussed in the
than 130 days after the date on which Issues and Decision Memorandum. A
this investigation was initiated, i.e., to Background list of the issues raised by parties, and
April 17, 2017. Pursuant to section The Department published the to which we responded in the Issues
705(a)(1) of the Act and 19 CFR Preliminary Determination on July 5, and Decision Memorandum, is attached
351.210(b)(1), the deadline for the final 2016.1 A summary of the events that to this notice at Appendix II.
determination will continue to be 75 occurred since the Department Use of Adverse Facts Available
days after the date of the preliminary published the Preliminary
Determination, as well as a full In making this final determination,
determination.
discussion of the issues raised by parties the Department relied, in part, on facts
This notice is issued and published available and, because the Government
for this final determination, may be
pursuant to section 703(c)(2) of the Act of China and a respondent company did
found in the Issues and Decision
and 19 CFR 351.205(f)(1). not act to the best of their abilities in
Memorandum.2 The Issues and Decision
Dated: January 18, 2017. Memorandum is a public document and responding to the Department’s requests
is on file electronically via Enforcement for information, we drew an adverse
Paul Piquado,
and Compliance’s Antidumping and inference where appropriate in selecting
Assistant Secretary for Enforcement and from among the facts otherwise
Compliance. Countervailing Duty Centralized
Electronic Service System (ACCESS). available, pursuant to section 776(a) and
[FR Doc. 2017–01860 Filed 1–26–17; 8:45 am] (b) of the Tariff Act of 1930, as
BILLING CODE 3510–DS–P 1 See Truck and Bus Tires From the People’s amended, (the Act). For further
Republic of China: Preliminary Affirmative information, see the section ‘‘Use of
Countervailing Duty Determination, Preliminary Facts Otherwise Available and Adverse
Affirmative Critical Circumstances Determination, Inferences’’ in the accompanying Issues
in Part, and Alignment of Final Determination With
Final Antidumping Determination, 81 FR 43577 and Decision Memorandum.
(July 5, 2016) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
Changes Since the Preliminary
3 In this investigation, Petitioners are the 2 See Memorandum from Gary Taverman, Determination
Coalition for Fair Trade in Hardwood Plywood and Associate Deputy Assistant Secretary for Based on our analysis of information
jstallworth on DSK7TPTVN1PROD with NOTICES
its individual members: Columbia Forest Products; Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
requested and received from the GOC
Commonwealth Plywood Co., Ltd.; Murphy
Plywood; Roseburg Forest Products Co.; States for Enforcement and Compliance, ‘‘Issues and and the company respondents since the
Industries LLC; and Timber Products Company. Decision Memorandum for the Final Determination Preliminary Determination, the results
4 See 19 CFR 351.205(e).
in the Countervailing Duty Investigation of Truck of verification, and the comments
and Bus Tires from the People’s Republic of China,’’
5 See Petitioners’ letter of January 17, 2017,
dated concurrently with this determination (Issues
received from parties, we have made
requesting postponement of the preliminary and Decision Memorandum) and hereby adopted by certain changes to the respondents’
determination. this notice. subsidy rate calculations. For discussion
VerDate Sep<11>2014 13:58 Jan 26, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\27JAN1.SGM 27JAN1](https://thefederalregister.org/doc/82_FR_8623/page/1.svg)
![8608 Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Notices
destruction of APO materials or that the construction code included in the Benchmarks for Carbon Black and Nylon
conversion to judicial protective order is size designation molded into the tire’s Cord
hereby requested. Failure to comply sidewall is not the letter ‘‘R.’’ Comment 11: Whether to Average
The subject merchandise is currently Benchmark Prices
with the regulations and terms of an classifiable under Harmonized Tariff
APO is a violation that is subject to Comment 12: Whether to Use Actual
Schedule of the United States (HTSUS) Import Prices as the Benchmark for
sanction. subheadings: 4011.20.1015 and Measuring the Benefits from the
This determination is issued and 4011.20.5020. Tires meeting the scope Provision of Synthetic Rubber and
published pursuant to sections 705(d) description may also enter under the
Butadiene for LTAR
and 777(i) of the Act and 19 CFR following HTSUS subheadings:
Comment 13: Whether to Include in the
351.210(c). 4011.69.0020, 4011.69.0090, 4011.70.00,
4011.90.80, 4011.99.4520, 4011.99.4590, Benefit Calculation Purchases of
Dated: January 19, 2017. 4011.99.8520, 4011.99.8590, 8708.70.4530, Synthetic Rubber and Butadiene
Ronald K. Lorentzen, 8708.70.6030, 8708.70.6060, and Produced by a Russian Company
Acting Assistant Secretary for Enforcement 8716.90.5059.4 Comment 14: Whether to Include in the
and Compliance. While HTSUS subheadings are provided Benefit Calculation Purchases of Inputs
for convenience and for customs purposes, from Cross-Owned Affiliates
Appendix I—Scope of the Investigation the written description of the subject Comment 15: Whether to Treat Double
merchandise is dispositive. Coin as a Parent Company or a Producer
The scope of the investigation covers truck
for the Purposes of its Sales Denominator
and bus tires. Truck and bus tires are new Appendix II—List of Topics Discussed
pneumatic tires, of rubber, with a truck or Comment 16: Whether to Adjust Double
in the Final Decision Memorandum Coin’s Sales Denominator
bus size designation. Truck and bus tires
covered by this investigation may be tube- I. Summary Comment 17: Whether to Recognize Double
type, tubeless, radial, or non-radial. II. Background Coin’s 2016 Name Change
Subject tires have, at the time of III. Scope of the Investigation Comment 18: Whether to Attribute to
importation, the symbol ‘‘DOT’’ on the IV. Critical Circumstances Double Coin Subsidies Received by
sidewall, certifying that the tire conforms to V. Application of the Countervailing Duty Kunlun Engineering
applicable motor vehicle safety standards. Law to Imports from the PRC Comment 19: Whether to Attribute to
Subject tires may also have one of the VI. Use of Facts Otherwise Available and Double Coin Subsidies Received by Tyre
following suffixes in their tire size Adverse Inferences Research
designation, which also appear on the VII. Subsidies Valuation Comment 20: Whether to Adjust Guizhou
sidewall of the tire: VIII. Interest Rate Benchmarks; Discount Tyre’s Sales Denominator
TR—Identifies tires for service on trucks or Rates; Input, Electricity, and Land Comment 21: Whether to Include Land
buses to differentiate them from similarly Benchmarks Purchases from Affiliates in Calculating
sized passenger car and light truck tires; and IX. Analysis of Programs
the Benefits from the Provision of Land
HC—Identifies a 17.5 inch rim diameter X. Analysis of Comments
Comment 1: Whether there is a Legal Basis for LTARs
code for use on low platform trailers. Comment 22: Whether to Conduct the 0.5
All tires with a ‘‘TR’’ or ‘‘HC’’ suffix in for Investigating ‘‘Other’’ and/or
‘‘Discovered Subsidies Percent Test on the Basis of all Land
their size designations are covered by this Purchases in 2009
investigation regardless of their intended use. Comment 2: Whether to Find Non-Use for
the Export Buyer’s Credit Program Comment 23: Whether to Adjust the
In addition, all tires that lack one of the
Comment 3: Whether the Department was Benchmarks Used in the Measuring the
above suffix markings are included in the
Able to Verify Non-Use with Exporters Benefit from the Provision of Land for
scope, regardless of their intended use, as
long as the tire is of a size that is among the for the Export Buyer’s Credit Program LTARs
numerical size designations listed in the Comment 4: Whether Information Provided Comment 24: Whether to Adjustments the
‘‘Truck-Bus’’ section of the Tire and Rim by the Respondents is Sufficient for the Calculations for the Provision of Land for
Association Year Book, as updated annually, Export Buyer’s Credit Program LTARs for Guizhou Tyre
unless the tire falls within one of the specific Comment 5: Whether to Find the Export Comment 25: Whether to Include ‘‘Fund’’
Buyer’s Credit Program Countervailable Amounts in the Electricity Price Paid by
exclusions set out below.
as AFA Guizhou Tyre
Truck and bus tires, whether or not
Comment 6: Identification of an AFA Rate Comment 26: Whether to Adjust the
mounted on wheels or rims, are included in
for the Export Buyer’s Credit Program Electricity Benchmark
the scope. However, if a subject tire is
Comment 7: Whether to Adjust the Ocean
imported mounted on a wheel or rim, only Comment 27: Whether the Department
Freight and Import Duties Included in
the tire is covered by the scope. Subject Should Have Accepted Additional Loan
the Benchmarks for the Input for LTAR
merchandise includes truck and bus tires Calculations and Grant Information Presented by
produced in the subject country whether Comment 8: Whether the Ocean Freight Guizhou Tyre at Verification
mounted on wheels or rims in the subject Data includes ‘‘Aberrational’’ Prices Comment 28: Whether to Apply AFA to
country or in a third country. Truck and bus Comment 9: Whether to Use Carbon Black Guizhou Tyre Regarding its Government
tires are covered whether or not they are World Market Prices Reported in US Policy Lending Program
accompanied by other parts, e.g., a wheel, Dollars per MT Comment 29: What AFA Rate to Apply to
rim, axle parts, bolts, nuts, etc. Truck and bus Comment 10: Whether to Include Guizhou Tyre’s Government Policy
tires that enter attached to a vehicle are not Brokerage and Handling Costs in the Lending Program
covered by the scope. Comment 30: Whether to Apply AFA to
Specifically excluded from the scope of 4 On August 26, 2016, the Department included Grants First Identified at Verification
this investigation are the following types of HTSUS subheadings 4011.69.0020, 4011.69.0090, Comment 31: Whether to Defer to the First
tires: (1) Pneumatic tires, of rubber, that are and 8716.90.5059 to the case reference files, Administrative Review the Investigation
not new, including recycled and retreaded pursuant to requests by CBP and the petitioner. See of Grants Presented by Guizhou Tyre at
tires; (2) non-pneumatic tires, such as solid Memorandum to the File entitled, ‘‘Requests from
jstallworth on DSK7TPTVN1PROD with NOTICES
Verification
rubber tires; and (3) tires that exhibit each of Customs and Border Protection and the Petitioner
to Update the ACE Case Reference File,’’ dated
Comment 32: Whether to Exclude Mobile
the following physical characteristics: (a) The Home Tires
designation ‘‘MH’’ is molded into the tire’s August 26, 2016. On January 19, 2017, the
Department included HTSUS subheadings Comment 33: Whether to Limit the
sidewall as part of the size designation; (b) Exclusion of Tires Attached to Vehicles
4011.70.00 and 4011.90.80 to the case reference
the tire incorporates a warning, prominently files, pursuant to requests by CBP. See XI. Recommendation
molded on the sidewall, that the tire is for Memorandum to the File entitled, ‘‘Requests from
‘‘Mobile Home Use Only;’’ and (c) the tire is Customs and Border Protection to Update the ACE [FR Doc. 2017–01862 Filed 1–26–17; 8:45 am]
of bias construction as evidenced by the fact Case Reference File,’’ dated January 19, 2017. BILLING CODE 3510–DS–P
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Document Created: 2017-01-27 00:11:22
Document Modified: 2017-01-27 00:11:22
| 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 27, 2017. | |
| Contact | Jennifer Shore or Mark Kennedy, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2778 or (202) 482-7883, respectively. | |
| FR Citation | 82 FR 8606 |
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