Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Initiation of Countervailing Duty Investigation, 42285-42289 [2014-17096]

Download as PDF Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices Background Title 13 United States Code (U.S.C.), Section 402, Title 22 U.S.C., Section 3104(d), and Section 524(a) of the CIPSEA (44 U.S.C. 3501 note) allow BEA and Census to share certain business data for exclusively statistical purposes. Section 524(d) of the CIPSEA requires us to publish a Federal Register notice announcing our intent to share data (allowing 60 days for public comment), since BEA respondents were required by law to report the data. Section 524(d) also requires us to provide information about the terms of the agreement for data sharing. For purposes of this notice, BEA has decided to group these terms by three categories. The categories are: • Shared data. • Statistical purposes for the shared data. • Data access and confidentiality. emcdonald on DSK67QTVN1PROD with NOTICES Shared Data BEA proposes to provide Census with data collected in the benchmark and annual surveys of U.S. direct investment abroad and of foreign direct investment in the United States. Census will use these data for statistical purposes exclusively. Statistical Purposes for the Shared Data Data collected in the benchmark and annual surveys of direct investment are used to develop estimates of the financing and operations of U.S. parent companies, their foreign affiliates, and U.S. affiliates of foreign companies. These estimates are published in the Survey of Current Business, BEA’s monthly journal; in other BEA publications; and on BEA’s Web site at https://www.bea.gov/. All data to be shared by BEA are collected pursuant to the International Investment and Trade in Services Survey Act (22 U.S.C. 3101– 3108). The data set created by linking these data with data from the Census COS will be used for several purposes by both agencies, such as validating data collected on, and improving the sample of, the COS and assisting both agencies in developing specific questionnaire language to measure topics related to economic globalization, such as international trade in contract manufacturing services and intellectual property. Data Access and Confidentiality Title 22, U.S.C., Section 3104(c), protects the confidentiality of these data. The data may be seen only by persons sworn to uphold the confidentiality of the information. Access to the shared data will be VerDate Mar<15>2010 17:14 Jul 18, 2014 Jkt 232001 restricted to specifically authorized personnel and will be provided for statistical purposes only. Any results of this research are subject to BEA and Census disclosure protection. All Census employees with access to BEA data will become BEA Special Sworn Employees—meaning that they, under penalty of law, must uphold the data’s confidentiality. All BEA employees with access to Census data will become special sworn agents of the Census Bureau—meaning that they, under penalty of law, must uphold the data’s confidentiality. Dated: July 9, 2014. Brian Moyer, Acting Director, Bureau of Economic Analysis. [FR Doc. 2014–17006 Filed 7–18–14; 8:45 am] BILLING CODE 3510–06–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–017] Certain Passenger Vehicle and Light Truck Tires From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective: July 21, 2014. FOR FURTHER INFORMATION CONTACT: Emily Halle or Kaitlin Wojnar, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0176 or (202) 482– 3857, respectively. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On June 3, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of passenger vehicle and light truck tires (certain passenger tires) from the People’s Republic of China (PRC), filed in proper form on behalf of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC (Petitioner).1 The CVD Petition was accompanied by an antidumping duty (AD) petition concerning passenger tires 1 See ‘‘Petition for the Imposition of Countervailing Duties on Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China,’’ June 3, 2014 (CVD Petition). PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 42285 from the PRC.2 Petitioner is a recognized union, which represents the domestic industry engaged in the manufacture of passenger vehicle tires in the United States. On June 6, 2014, the Department requested further information and clarification regarding certain general portions of the AD Petition and the CVD Petition.3 On June 6, 2014, the Department also requested further information and clarification regarding certain portions of the CVD Petition.4 Petitioner filed its responses to these requests on June 10, 2014,5 and, as allowed by an extension granted by the Department,6 June 11, 2014.7 Because it was not clear from the Petitions whether the industry support criteria had been met, the Department extended the time for initiating this investigation in order to further examine the issue of industry support by 20 additional days.8 The extended initiation determination date of July 13, 2014, falls on a Sunday, a non-business day, so the Department’s initiation determination is due no later than July 14, 2014, the next business day.9 2 See ‘‘Petition for the Imposition of Antidumping Duties on Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China,’’ June 3, 2014 (AD Petition). 3 See Letter to Petitioner, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Supplemental Questions,’’ June 6, 2014 (General Issues Supplemental Questions). 4 See Letter to Petitioner, ‘‘Petitions for the Imposition of Countervailing Duties on Imports of Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Supplemental Questions,’’ June 6, 2014. 5 See Letter from Petitioner, ‘‘Certain Passenger Vehicle and Light Truck Tires from tire People’s Republic of China—Petitioner’s Response to the Department’s June 6, 2014 Supplemental Questions regarding General Issues,’’ June 10, 2014; see also Letter from Petitioner, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China—Petitioner’s Response to the Department’s June 6, 2014 Supplemental Questions Regarding the Countervailing Duty Petition,’’ June 10, 2014. 6 See Letter to Petitioner, ‘‘Request for Extension of Time to Submit a Response to the Department of Commerce’s June 6, 2014 Supplemental Questionnaire (Question 16 only) Regarding the Petition for the Imposition of Countervailing Duties on Imports of Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China,’’ June 10, 2014. 7 See Letter from Petitioner, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China—Petitioner’s Submission of Additional Information in Response to Question 16 of the Department’s June 6, 2014 Supplemental Questions Regarding the Countervailing Duty Petition Response to Question 16 of the CVD Supplemental Questions,’’ June 11, 2014. 8 See Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping and Countervailing Duty Petitions: Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China, 79 FR 35725 (June 24, 2014). 9 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative E:\FR\FM\21JYN1.SGM Continued 21JYN1 42286 Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioner alleges that the Government of the PRC (the GOC) is providing countervailable subsidies, as defined by sections 701 and 771(5) of the Act, with respect to imports of certain passenger tires from the PRC, and that such imports are materially injuring, or threaten material injury to, the domestic industry producing certain passenger tires in the United States. The Department finds that Petitioner filed the CVD Petition on behalf of the domestic industry because Petitioner is an interested party, within the meaning of section 771(9)(D) of the Act, and has demonstrated sufficient industry support with respect to the initiation of the investigation it is requesting. days from the signature date of this notice.13 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on August 14, 2014, which is 10 calendar days after the initial comments. The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the records of this CVD investigation and the concurrent AD investigation. Period of Investigation The period of investigation (POI) is January 1, 2013, through December, 31, 2013. Filing Requirements emcdonald on DSK67QTVN1PROD with NOTICES Scope of Investigation The products covered by this investigation are certain passenger tires from the PRC. For a full description of the scope of this investigation, see ‘‘Scope of Investigation’’ at the Appendix of this notice. Comments on the Scope of the Investigation During our review of the CVD Petition, the Department issued questions to, and received responses from, Petitioner pertaining to the proposed scope in order to ensure that the language of the scope in the CVD Petition is an accurate reflection of the products for which the domestic industry is seeking relief.10 As discussed in the Preamble to the Department’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).11 The period for scope comments is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination. If scope comments include factual information,12 all such factual information should be limited to public information. All comments must be filed by 5:00 p.m. Eastern Time (ET) on August 4, 2014, which is 20 calendar Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005) (Next Business Day Rule). 10 See General Issues Supplemental Questions. 11 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 12 See 19 CFR 351.102(b)(21). VerDate Mar<15>2010 17:14 Jul 18, 2014 Jkt 232001 All submissions to the Department must be filed electronically, using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS).14 An electronically-filed document must be successfully received, in its entirety, by 5:00 p.m. ET on the date specified by the Department.15 Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the established deadline.16 Consultations Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department invited representatives of the GOC to participate in consultations regarding the CVD 13 As 20 days from the signature date will be Saturday August 2, 2014, the next business day for filing comments will be Monday August 4, 2014. See Next Business Day Rule. 14 For general filing requirements, see 19 CFR 351.303. 15 Id.; see also 19 CFR 351.301 (for general time limits for the submission of factual information). 16 See 19 CFR 351.303(b). For details regarding the Department’s electronic filing requirements, see Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). Information regarding IA ACCESS assistance can be found at https://iaaccess.trade.gov/help.aspx, and a handbook can be found at https://iaaccess. trade.gov/help/Handbook%20on%20Electronic %20Filling%20Procedures.pdf. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Petition.17 Consultations with the GOC were held on June 17, 2014.18 Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the industry. Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product, they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.19 17 See Letter to Liu Fang, First Secretary, Embassy of China in the United States of America, ‘‘Countervailing Duty Petition on Passenger Vehicle and Light Truck Tires from the People’s Republic of China,’’ June 3, 2014. 18 See Memorandum, ‘‘Countervailing Duty Petition on Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Consultations,’’ June 18, 2014. 19 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. E:\FR\FM\21JYN1.SGM 21JYN1 Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, Petitioner does not offer a definition of domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we determine that certain passenger tires, as defined in the scope of the investigation, constitute a single domestic like product and we analyzed industry support in terms of that single domestic like product.20 On June 12, 2014, we received comments on industry support from the Sub-Committee of Tire Producers of the China Chamber of Commerce of Metals, Minerals & Chemical Importers and the China Rubber Industry Association.21 Petitioner responded to these comments on June 16 and 17, 2014.22 In a meeting on July 8, 2014, the Government of the PRC also commented on industry support for the Petition.23 On June 17, 2014, the Department extended the initiation deadline by 20 days to poll the domestic industry in v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 20 See Countervailing Duty Investigation Initiation Checklist: Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China (CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via IA ACCESS. Access to documents filed via IA ACCESS is also available in the Central Records Unit (CRU), Room 7046 of the main Department of Commerce building. 21 See Letter, ‘‘Request to Poll the Domestic Industry to Determine Petitioner Standing: Certain Passenger Vehicle and Light Truck Tires from China,’’ June 12, 2014. 22 See Letter from Petitioner, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China—Petitioner’s Response to CCCMC and CRIA’s Request to Poll the Industry,’’ June 16, 2014; see also .Letter from Petitioner, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China—Additional Information in Response to CCCMC and CRIA’s Request to Poll the Industry,’’ June 17, 2014. 23 See Memorandum, ‘‘Antidumping Duty Investigation of 1,1,1,2-Tetrafluoroethane from the People’s Republic of China and the Antidumping Duty and Countervailing Duty Petitions for Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Meeting with Officials from the Government of the People’s Republic of China,’’ July 9, 2014. VerDate Mar<15>2010 17:51 Jul 18, 2014 Jkt 232001 accordance with section 702(c)(4)(D) of the Act, because it was ‘‘not clear from the Petitions whether the industry support criteria have been met. . . .’’ 24 On June 20, 2014, we issued polling questionnaires to all known producers of certain passenger tires in the United States, identified in the Petition and by the ITC, as well as all known unions, employee organizations, or ad hoc groups of workers.25 We requested that the companies/workers complete the polling questionnaire and certify their responses by the due date specified in the cover letter to the questionnaire.26 Petitioner provided comments on the polling questionnaire responses on July 8, 2014.27 Our analysis of the data we received in the polling questionnaire responses indicates that the domestic producers and workers that support the Petition account for at least 25 percent of the total production of the domestic like product and more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.28 Accordingly, the Department determines that the industry support requirements of section 702(c)(4)(A) of the Act have been met. Therefore, the Department determines that Petitioner filed this Petition on behalf of the domestic industry in accordance with section 702(b)(1) because it is an interested party as defined in section 771(9)(D) of the Act and it demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department initiate. Injury Test Because the PRC is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC 24 See Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping Duty and Countervailing Duty Petitions: Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China, 79 FR 35725, 35726 (June 24, 2014). 25 See Memorandum, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Polling Questionnaire,’’ June 20, 2014. 26 For a detailed discussion of the responses received, see CVD Initiation Checklist at Attachment II. The polling questionnaire and questionnaire responses are on file electronically via IA ACCESS and can also be accessed through the CRU. 27 See Letter from Petitioner, ‘‘Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China—Petitioner’s Comments on Polling Responses,’’ dated July 8, 2014. 28 See CVD Initiation Checklist, at Attachment II. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 42287 materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation Petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, Petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act. Petitioner contends that the industry’s injured condition is illustrated by reduced market share; underselling and price depression or suppression; lost sales and revenues; direct replacement of domestic shipments by subject imports; decline in shipments, reduced sales volumes, and production curtailments; decline in capacity utilization and reduced capacity allocated to U.S. production of certain passenger tires; decline in employment; adverse impact on union contract negotiations; and adverse impact on financial performance. We assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation. Initiation of CVD Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. In the CVD Petition, Petitioner alleges that producers/exporters of passenger tires in the PRC benefited from countervailable subsidies bestowed by the government. The Department examined the CVD Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, or exporters of certain passenger tires from the PRC receive countervailable subsidies from the GOC. Based on our review of the CVD Petition, we find that there is sufficient information to initiate a CVD investigation on certain alleged programs. For a full discussion of the E:\FR\FM\21JYN1.SGM 21JYN1 42288 Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices basis for our decision to initiate or not to initiate on each program, see the CVD Initiation Checklist, which accompanies this notice. A public version of the CVD Initiation Checklist is available on IA ACCESS. Respondent Selection For this investigation, the Department intends to select respondents based on U.S. Customs and Border Protection (CBP) data for United States imports of subject merchandise during the POI under the following Harmonized Tariff Schedule of the United States (HTSUS) numbers: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, 4011.20.50.10, 4011.99.45.00, and 4011.99.85.00. We intend to release the CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO shortly after the announcement of this case initiation. Interested parties seeking access to proprietary information including the CBP data must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found at https://enforcement.trade.gov/apo/. Interested parties may submit comments regarding the CBP data and respondent selection by 5:00 p.m. ET on the seventh calendar day after publication of this notice. Comments must be filed in accordance with the requirements discussed above in the ‘‘Filing Requirements’’ section of this notice. If respondent selection is necessary, we intend to base our decision regarding respondent selection upon comments received from interested parties and our analysis of the record information within 20 days of publication of this notice. emcdonald on DSK67QTVN1PROD with NOTICES Distribution of Copies of the Petition Pursuant to section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petitions has been provided to the GOC via IA ACCESS. Because of the particularly large number of producers/exporters identified in the Petition, the Department considers the service of the public version of the Petition to the foreign producers/exporters to be satisfied by the provision of the public version of the Petition to the Government of the PRC, consistent with 19 CFR 351.203(c)(2). ITC Notification Preliminary Determination by the ITC The ITC will preliminarily determine, within 25 days after the date on which ITC receives notice from the Department of initiation of the investigation, whether there is a reasonable indication that imports of passenger tires from the PRC are materially injuring, or threaten to a material injury, a U.S. industry.29 A negative ITC determination will result in the investigation being terminated; otherwise, this investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule,30 which modified two regulations related to AD and CVD proceedings: The definition of factual information, 19 CFR 351.102(b)(21), and the time limits for the submission of factual information, 19 CFR 351.301. The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires, (ii) evidence submitted in support of allegations, (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), (iv) evidence placed on the record by the Department, and (v) evidence other than factual information described in (i) through (iv). The final rule requires any party, when submitting factual information, to specify under which subsection 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all segments initiated on or after May 10, 2013, and are therefore applicable to this investigation. Please review the final rule, available at https:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in this investigation. We notified the ITC of our initiation, as required by section 702(d) of the Act. VerDate Mar<15>2010 17:14 Jul 18, 2014 Jkt 232001 PO 00000 29 See 30 See section 703(a) of the Act. 78 FR 21246 (April 10, 2013). Frm 00005 Fmt 4703 Sfmt 4703 Extension of Time Limits On September 20, 2013, the Department published Extension of Time Limits, Final Rule,31 which modified one regulation related to AD and CVD proceedings regarding the extension of time limits for submissions in such proceedings (19 CFR 351.302(c)). These modifications are effective for all segments initiated on or after October 21, 2013, and thus are applicable to this investigation. Please review the final rule, available at https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm prior to requesting an extension. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.32 Parties are hereby reminded that the Department issued a final rule with respect to certification requirements, effective August 16, 2013 and that the revised certification requirements are in effect for company/government officials as well as their representatives. All segments of any AD or CVD proceedings initiated on or after August 16, 2013, including this investigation, should use the formats for the revised certifications provided at the end of the Final Rule.33 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. Notification to Interested Parties Interested parties seeking access to proprietary information must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Department’s Web site at https://enforcement.trade.gov/ apo/. This notice is issued and published pursuant to section 777(i) of the Act. Dated: July 14, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Scope of the Investigation The scope of this investigation is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger 31 See 78 FR 57790 (September 20, 2013). section 782(b) of the Act. 33 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at the following: https://enforcement.trade.gov/tlei/ notices/factual_info_final_rule_FAQ_07172013.pdf. 32 See E:\FR\FM\21JYN1.SGM 21JYN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices vehicle or light truck size designation. Tires covered by this investigation may be tubetype, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market. 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 the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire: Prefix designations: P—Identifies a tire intended primarily for service on passenger cars LT—Identifies a tire intended primarily for service on light trucks Suffix letter designations: LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service. All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all tires with an ‘‘LT’’ suffix in their sidewall markings are covered by this investigation regardless of their intended use. In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix 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 passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope. However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope. Specifically excluded from the scope of this investigation are the following types of tires: (1) Racing car tires, defined as tires for use exclusively on a race track; such tires do not bear the symbol ‘‘DOT’’ on the sidewall; (2) new pneumatic tires, of rubber, of a size that is not listed in the passenger car section or light truck section of the Tire and Rim Association Year Book; (3) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires; and (4) nonpneumatic tires, such as solid rubber tires. The products covered by the investigation are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.99.45.00, 4011.99.85.00, 8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. [FR Doc. 2014–17096 Filed 7–18–14; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 17:14 Jul 18, 2014 Jkt 232001 DEPARTMENT OF COMMERCE International Trade Administration [A–557–815, A–549–830, A–552–816] Welded Stainless Pressure Pipe From Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing antidumping duty orders on welded stainless pressure pipe (WSPP) from Malaysia, Thailand, and the Socialist Republic of Vietnam (Vietnam). DATES: Effective date: July 21, 2014. FOR FURTHER INFORMATION CONTACT: Erin Kearney (Malaysia), or Brandon Farlander/Trisha Tran (Thailand), or Lilit Astvatsatrian (Vietnam) AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0167 or (202) 482– 0182/(202) 482–4852 or (202) 482–6412, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(c), on May 30, 2014, the Department published its affirmative final determinations of sales at lessthan-fair-value in the antidumping duty investigations of WSPP from Malaysia, Thailand, and Vietnam, respectively.1 On July 14, 2014, the ITC notified the Department of its affirmative determinations that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value imports of WSPP from Malaysia, Thailand, and Vietnam.2 1 See Welded Stainless Pressure Pipe From Malaysia: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part; 2012–2013, 79 FR 31090 (May 30, 2014); Welded Stainless Pressure Pipe From Thailand: Final Determination of Sales at Less Than Fair Value, 79 FR 31093 (May 30, 2014); and Welded Stainless Pressure Pipe from the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value, 79 FR 31092 (May 30, 2014). 2 See Welded Stainless Pressure Pipe from Malaysia, Thailand, and Vietnam, USITC Investigation Nos. 731–TA–1210–1212 (Final), USITC Publication 4477 (July 2014). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 42289 In addition, the ITC notified the Department of its final determination that critical circumstances do not exist with respect to imports of subject merchandise from Malaysia that are subject to the Department’s affirmative critical circumstances finding.3 Scope of the Orders The products covered by these orders are circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. For purposes of these orders, references to size are in nominal inches and include all products within tolerances allowed by pipe specifications. This merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A–312 or ASTM A– 778 specifications, or comparable domestic or foreign specifications. ASTM A–358 products are only included when they are produced to meet ASTM A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. Excluded from the scope are: (1) Welded stainless mechanical tubing, meeting ASTM A–554 or comparable domestic or foreign specifications; (2) boiler, heat exchanger, superheater, refining furnace, feedwater heater, and condenser tubing, meeting ASTM A– 249, ASTM A–688 or comparable domestic or foreign specifications; and (3) specialized tubing, meeting ASTM A269, ASTM A–270 or comparable domestic or foreign specifications. The subject imports are normally classified in subheadings 7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085 of the Harmonized Tariff Schedule of the United States (HTSUS). They may also enter under HTSUS subheadings 7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of these investigations is dispositive. Antidumping Duty Orders As stated above, on July 14, 2014, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determinations in these investigations, in which it found material injury with respect to WSPP from Malaysia, Thailand, and Vietnam.4 Because the ITC determined that imports of WSPP from Malaysia, Thailand, and Vietnam are materially 3 Id. 4 Id. E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Notices]
[Pages 42285-42289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17096]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Initiation of Countervailing Duty Investigation

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

DATES: Effective: July 21, 2014.

FOR FURTHER INFORMATION CONTACT: Emily Halle or Kaitlin Wojnar, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0176 or (202) 482-3857, respectively.

SUPPLEMENTARY INFORMATION: 

The Petition

    On June 3, the Department of Commerce (the Department) received a 
countervailing duty (CVD) petition concerning imports of passenger 
vehicle and light truck tires (certain passenger tires) from the 
People's Republic of China (PRC), filed in proper form on behalf of the 
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO, CLC 
(Petitioner).\1\ The CVD Petition was accompanied by an antidumping 
duty (AD) petition concerning passenger tires from the PRC.\2\ 
Petitioner is a recognized union, which represents the domestic 
industry engaged in the manufacture of passenger vehicle tires in the 
United States. On June 6, 2014, the Department requested further 
information and clarification regarding certain general portions of the 
AD Petition and the CVD Petition.\3\ On June 6, 2014, the Department 
also requested further information and clarification regarding certain 
portions of the CVD Petition.\4\ Petitioner filed its responses to 
these requests on June 10, 2014,\5\ and, as allowed by an extension 
granted by the Department,\6\ June 11, 2014.\7\ Because it was not 
clear from the Petitions whether the industry support criteria had been 
met, the Department extended the time for initiating this investigation 
in order to further examine the issue of industry support by 20 
additional days.\8\ The extended initiation determination date of July 
13, 2014, falls on a Sunday, a non-business day, so the Department's 
initiation determination is due no later than July 14, 2014, the next 
business day.\9\
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    \1\ See ``Petition for the Imposition of Countervailing Duties 
on Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China,'' June 3, 2014 (CVD Petition).
    \2\ See ``Petition for the Imposition of Antidumping Duties on 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China,'' June 3, 2014 (AD Petition).
    \3\ See Letter to Petitioner, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China: Supplemental Questions,'' June 6, 2014 (General Issues 
Supplemental Questions).
    \4\ See Letter to Petitioner, ``Petitions for the Imposition of 
Countervailing Duties on Imports of Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China: Supplemental 
Questions,'' June 6, 2014.
    \5\ See Letter from Petitioner, ``Certain Passenger Vehicle and 
Light Truck Tires from tire People's Republic of China--Petitioner's 
Response to the Department's June 6, 2014 Supplemental Questions 
regarding General Issues,'' June 10, 2014; see also Letter from 
Petitioner, ``Certain Passenger Vehicle and Light Truck Tires from 
the People's Republic of China--Petitioner's Response to the 
Department's June 6, 2014 Supplemental Questions Regarding the 
Countervailing Duty Petition,'' June 10, 2014.
    \6\ See Letter to Petitioner, ``Request for Extension of Time to 
Submit a Response to the Department of Commerce's June 6, 2014 
Supplemental Questionnaire (Question 16 only) Regarding the Petition 
for the Imposition of Countervailing Duties on Imports of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China,'' June 10, 2014.
    \7\ See Letter from Petitioner, ``Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China--Petitioner's 
Submission of Additional Information in Response to Question 16 of 
the Department's June 6, 2014 Supplemental Questions Regarding the 
Countervailing Duty Petition Response to Question 16 of the CVD 
Supplemental Questions,'' June 11, 2014.
    \8\ See Notice of Extension of the Deadline for Determining the 
Adequacy of the Antidumping and Countervailing Duty Petitions: 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China, 79 FR 35725 (June 24, 2014).
    \9\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005) (Next 
Business Day Rule).

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[[Page 42286]]

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), Petitioner alleges that the Government of the PRC 
(the GOC) is providing countervailable subsidies, as defined by 
sections 701 and 771(5) of the Act, with respect to imports of certain 
passenger tires from the PRC, and that such imports are materially 
injuring, or threaten material injury to, the domestic industry 
producing certain passenger tires in the United States. The Department 
finds that Petitioner filed the CVD Petition on behalf of the domestic 
industry because Petitioner is an interested party, within the meaning 
of section 771(9)(D) of the Act, and has demonstrated sufficient 
industry support with respect to the initiation of the investigation it 
is requesting.

Period of Investigation

    The period of investigation (POI) is January 1, 2013, through 
December, 31, 2013.

Scope of Investigation

    The products covered by this investigation are certain passenger 
tires from the PRC. For a full description of the scope of this 
investigation, see ``Scope of Investigation'' at the Appendix of this 
notice.

Comments on the Scope of the Investigation

    During our review of the CVD Petition, the Department issued 
questions to, and received responses from, Petitioner pertaining to the 
proposed scope in order to ensure that the language of the scope in the 
CVD Petition is an accurate reflection of the products for which the 
domestic industry is seeking relief.\10\ As discussed in the Preamble 
to the Department's regulations, we are setting aside a period for 
interested parties to raise issues regarding product coverage 
(scope).\11\ The period for scope comments is intended to provide the 
Department with ample opportunity to consider all comments and to 
consult with parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\12\ all 
such factual information should be limited to public information. All 
comments must be filed by 5:00 p.m. Eastern Time (ET) on August 4, 
2014, which is 20 calendar days from the signature date of this 
notice.\13\ Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on August 14, 2014, which is 
10 calendar days after the initial comments. The Department requests 
that any factual information the parties consider relevant to the scope 
of the investigation be submitted during this time period. However, if 
a party subsequently finds that additional factual information 
pertaining to the scope of the investigation may be relevant, the party 
may contact the Department and request permission to submit the 
additional information. All such comments must be filed on the records 
of this CVD investigation and the concurrent AD investigation.
---------------------------------------------------------------------------

    \10\ See General Issues Supplemental Questions.
    \11\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \12\ See 19 CFR 351.102(b)(21).
    \13\ As 20 days from the signature date will be Saturday August 
2, 2014, the next business day for filing comments will be Monday 
August 4, 2014. See Next Business Day Rule.
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Filing Requirements

    All submissions to the Department must be filed electronically, 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS).\14\ An 
electronically-filed document must be successfully received, in its 
entirety, by 5:00 p.m. ET on the date specified by the Department.\15\ 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with Enforcement and Compliance's 
APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street 
and Constitution Avenue NW., Washington, DC 20230, and stamped with the 
date and time of receipt by the established deadline.\16\
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    \14\ For general filing requirements, see 19 CFR 351.303.
    \15\ Id.; see also 19 CFR 351.301 (for general time limits for 
the submission of factual information).
    \16\ See 19 CFR 351.303(b). For details regarding the 
Department's electronic filing requirements, see Antidumping and 
Countervailing Duty Proceedings: Electronic Filing Procedures; 
Administrative Protective Order Procedures, 76 FR 39263 (July 6, 
2011). Information regarding IA ACCESS assistance can be found at 
https://iaaccess.trade.gov/help.aspx, and a handbook can be found at 
https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department 
invited representatives of the GOC to participate in consultations 
regarding the CVD Petition.\17\ Consultations with the GOC were held on 
June 17, 2014.\18\
---------------------------------------------------------------------------

    \17\ See Letter to Liu Fang, First Secretary, Embassy of China 
in the United States of America, ``Countervailing Duty Petition on 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China,'' June 3, 2014.
    \18\ See Memorandum, ``Countervailing Duty Petition on Passenger 
Vehicle and Light Truck Tires from the People's Republic of China: 
Consultations,'' June 18, 2014.
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the industry.
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product, they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\19\
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    \19\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).

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[[Page 42287]]

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, Petitioner does not offer 
a definition of domestic like product distinct from the scope of the 
investigation. Based on our analysis of the information submitted on 
the record, we determine that certain passenger tires, as defined in 
the scope of the investigation, constitute a single domestic like 
product and we analyzed industry support in terms of that single 
domestic like product.\20\
---------------------------------------------------------------------------

    \20\ See Countervailing Duty Investigation Initiation Checklist: 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China (CVD Initiation Checklist), at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Certain Passenger Vehicle and Light Truck 
Tires from the People's Republic of China (Attachment II). This 
checklist is dated concurrently with this notice and on file 
electronically via IA ACCESS. Access to documents filed via IA 
ACCESS is also available in the Central Records Unit (CRU), Room 
7046 of the main Department of Commerce building.
---------------------------------------------------------------------------

    On June 12, 2014, we received comments on industry support from the 
Sub-Committee of Tire Producers of the China Chamber of Commerce of 
Metals, Minerals & Chemical Importers and the China Rubber Industry 
Association.\21\ Petitioner responded to these comments on June 16 and 
17, 2014.\22\ In a meeting on July 8, 2014, the Government of the PRC 
also commented on industry support for the Petition.\23\
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    \21\ See Letter, ``Request to Poll the Domestic Industry to 
Determine Petitioner Standing: Certain Passenger Vehicle and Light 
Truck Tires from China,'' June 12, 2014.
    \22\ See Letter from Petitioner, ``Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China--Petitioner's 
Response to CCCMC and CRIA's Request to Poll the Industry,'' June 
16, 2014; see also .Letter from Petitioner, ``Certain Passenger 
Vehicle and Light Truck Tires from the People's Republic of China--
Additional Information in Response to CCCMC and CRIA's Request to 
Poll the Industry,'' June 17, 2014.
    \23\ See Memorandum, ``Antidumping Duty Investigation of 
1,1,1,2-Tetrafluoroethane from the People's Republic of China and 
the Antidumping Duty and Countervailing Duty Petitions for Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China: Meeting with Officials from the Government of the People's 
Republic of China,'' July 9, 2014.
---------------------------------------------------------------------------

    On June 17, 2014, the Department extended the initiation deadline 
by 20 days to poll the domestic industry in accordance with section 
702(c)(4)(D) of the Act, because it was ``not clear from the Petitions 
whether the industry support criteria have been met. . . .'' \24\
---------------------------------------------------------------------------

    \24\ See Notice of Extension of the Deadline for Determining the 
Adequacy of the Antidumping Duty and Countervailing Duty Petitions: 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China, 79 FR 35725, 35726 (June 24, 2014).
---------------------------------------------------------------------------

    On June 20, 2014, we issued polling questionnaires to all known 
producers of certain passenger tires in the United States, identified 
in the Petition and by the ITC, as well as all known unions, employee 
organizations, or ad hoc groups of workers.\25\ We requested that the 
companies/workers complete the polling questionnaire and certify their 
responses by the due date specified in the cover letter to the 
questionnaire.\26\ Petitioner provided comments on the polling 
questionnaire responses on July 8, 2014.\27\
---------------------------------------------------------------------------

    \25\ See Memorandum, ``Certain Passenger Vehicle and Light Truck 
Tires from the People's Republic of China: Polling Questionnaire,'' 
June 20, 2014.
    \26\ For a detailed discussion of the responses received, see 
CVD Initiation Checklist at Attachment II. The polling questionnaire 
and questionnaire responses are on file electronically via IA ACCESS 
and can also be accessed through the CRU.
    \27\ See Letter from Petitioner, ``Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China--Petitioner's 
Comments on Polling Responses,'' dated July 8, 2014.
---------------------------------------------------------------------------

    Our analysis of the data we received in the polling questionnaire 
responses indicates that the domestic producers and workers that 
support the Petition account for at least 25 percent of the total 
production of the domestic like product and more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\28\ 
Accordingly, the Department determines that the industry support 
requirements of section 702(c)(4)(A) of the Act have been met. 
Therefore, the Department determines that Petitioner filed this 
Petition on behalf of the domestic industry in accordance with section 
702(b)(1) because it is an interested party as defined in section 
771(9)(D) of the Act and it demonstrated sufficient industry support 
with respect to the CVD investigation that it is requesting the 
Department initiate.
---------------------------------------------------------------------------

    \28\ See CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------

Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, Petitioner alleges 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.
    Petitioner contends that the industry's injured condition is 
illustrated by reduced market share; underselling and price depression 
or suppression; lost sales and revenues; direct replacement of domestic 
shipments by subject imports; decline in shipments, reduced sales 
volumes, and production curtailments; decline in capacity utilization 
and reduced capacity allocated to U.S. production of certain passenger 
tires; decline in employment; adverse impact on union contract 
negotiations; and adverse impact on financial performance. We assessed 
the allegations and supporting evidence regarding material injury, 
threat of material injury, and causation, and we have determined that 
these allegations are properly supported by adequate evidence and meet 
the statutory requirements for initiation.

Initiation of CVD Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioner 
supporting the allegations. In the CVD Petition, Petitioner alleges 
that producers/exporters of passenger tires in the PRC benefited from 
countervailable subsidies bestowed by the government. The Department 
examined the CVD Petition and finds that it complies with the 
requirements of section 702(b)(1) of the Act. Therefore, in accordance 
with section 702(b)(1) of the Act, we are initiating a CVD 
investigation to determine whether manufacturers, producers, or 
exporters of certain passenger tires from the PRC receive 
countervailable subsidies from the GOC.
    Based on our review of the CVD Petition, we find that there is 
sufficient information to initiate a CVD investigation on certain 
alleged programs. For a full discussion of the

[[Page 42288]]

basis for our decision to initiate or not to initiate on each program, 
see the CVD Initiation Checklist, which accompanies this notice. A 
public version of the CVD Initiation Checklist is available on IA 
ACCESS.

Respondent Selection

    For this investigation, the Department intends to select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
United States imports of subject merchandise during the POI under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
numbers: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 
4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 
4011.20.10.05, 4011.20.50.10, 4011.99.45.00, and 4011.99.85.00. We 
intend to release the CBP data under Administrative Protective Order 
(APO) to all parties with access to information protected by APO 
shortly after the announcement of this case initiation.
    Interested parties seeking access to proprietary information 
including the CBP data must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found at https://enforcement.trade.gov/apo/. 
Interested parties may submit comments regarding the CBP data and 
respondent selection by 5:00 p.m. ET on the seventh calendar day after 
publication of this notice. Comments must be filed in accordance with 
the requirements discussed above in the ``Filing Requirements'' section 
of this notice. If respondent selection is necessary, we intend to base 
our decision regarding respondent selection upon comments received from 
interested parties and our analysis of the record information within 20 
days of publication of this notice.

Distribution of Copies of the Petition

    Pursuant to section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOC via IA ACCESS. Because of the particularly large 
number of producers/exporters identified in the Petition, the 
Department considers the service of the public version of the Petition 
to the foreign producers/exporters to be satisfied by the provision of 
the public version of the Petition to the Government of the PRC, 
consistent with 19 CFR 351.203(c)(2).

ITC Notification

    We notified the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 25 days after the date 
on which ITC receives notice from the Department of initiation of the 
investigation, whether there is a reasonable indication that imports of 
passenger tires from the PRC are materially injuring, or threaten to a 
material injury, a U.S. industry.\29\ A negative ITC determination will 
result in the investigation being terminated; otherwise, this 
investigation will proceed according to statutory and regulatory time 
limits.
---------------------------------------------------------------------------

    \29\ See section 703(a) of the Act.
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Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule,\30\ which modified two regulations related to AD and CVD 
proceedings: The definition of factual information, 19 CFR 
351.102(b)(21), and the time limits for the submission of factual 
information, 19 CFR 351.301. The final rule identifies five categories 
of factual information in 19 CFR 351.102(b)(21), which are summarized 
as follows: (i) Evidence submitted in response to questionnaires, (ii) 
evidence submitted in support of allegations, (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2), (iv) evidence 
placed on the record by the Department, and (v) evidence other than 
factual information described in (i) through (iv). The final rule 
requires any party, when submitting factual information, to specify 
under which subsection 19 CFR 351.102(b)(21) the information is being 
submitted and, if the information is submitted to rebut, clarify, or 
correct factual information already on the record, to provide an 
explanation identifying the information already on the record that the 
factual information seeks to rebut, clarify, or correct. The final rule 
also modified 19 CFR 351.301 so that, rather than providing general 
time limits, there are specific time limits based on the type of 
factual information being submitted. These modifications are effective 
for all segments initiated on or after May 10, 2013, and are therefore 
applicable to this investigation. Please review the final rule, 
available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this 
investigation.
---------------------------------------------------------------------------

    \30\ See 78 FR 21246 (April 10, 2013).
---------------------------------------------------------------------------

Extension of Time Limits

    On September 20, 2013, the Department published Extension of Time 
Limits, Final Rule,\31\ which modified one regulation related to AD and 
CVD proceedings regarding the extension of time limits for submissions 
in such proceedings (19 CFR 351.302(c)). These modifications are 
effective for all segments initiated on or after October 21, 2013, and 
thus are applicable to this investigation. Please review the final 
rule, available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm prior to requesting an extension.
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    \31\ See 78 FR 57790 (September 20, 2013).
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\32\ 
Parties are hereby reminded that the Department issued a final rule 
with respect to certification requirements, effective August 16, 2013 
and that the revised certification requirements are in effect for 
company/government officials as well as their representatives. All 
segments of any AD or CVD proceedings initiated on or after August 16, 
2013, including this investigation, should use the formats for the 
revised certifications provided at the end of the Final Rule.\33\ The 
Department intends to reject factual submissions if the submitting 
party does not comply with the applicable revised certification 
requirements.
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    \32\ See section 782(b) of the Act.
    \33\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the 
frequently asked questions regarding the Final Rule, available at 
the following: https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties seeking access to proprietary information must 
submit applications for disclosure under APO in accordance with 19 CFR 
351.305. Instructions for filing such applications may be found on the 
Department's Web site at https://enforcement.trade.gov/apo/.
    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: July 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The scope of this investigation is passenger vehicle and light 
truck tires. Passenger vehicle and light truck tires are new 
pneumatic tires, of rubber, with a passenger

[[Page 42289]]

vehicle or light truck size designation. Tires covered by this 
investigation may be tube-type, tubeless, radial, or non-radial, and 
they may be intended for sale to original equipment manufacturers or 
the replacement market.
    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 the following prefixes or suffix in their tire size 
designation, which also appears on the sidewall of the tire:

Prefix designations:
    P--Identifies a tire intended primarily for service on passenger 
cars
    LT--Identifies a tire intended primarily for service on light 
trucks
Suffix letter designations:
    LT--Identifies light truck tires for service on trucks, buses, 
trailers, and multipurpose passenger vehicles used in nominal 
highway service.

All tires with a ``P'' or ``LT'' prefix, and all tires with an 
``LT'' suffix in their sidewall markings are covered by this 
investigation regardless of their intended use.
    In addition, all tires that lack a ``P'' or ``LT'' prefix or 
suffix in their sidewall markings, as well as all tires that include 
any other prefix or suffix 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 passenger car section or light truck section of the Tire and Rim 
Association Year Book, as updated annually.
    Passenger vehicle and light truck tires, whether or not attached 
to wheels or rims, are included in the scope. However, if a subject 
tire is imported attached to a wheel or rim, only the tire is 
covered by the scope.
    Specifically excluded from the scope of this investigation are 
the following types of tires: (1) Racing car tires, defined as tires 
for use exclusively on a race track; such tires do not bear the 
symbol ``DOT'' on the sidewall; (2) new pneumatic tires, of rubber, 
of a size that is not listed in the passenger car section or light 
truck section of the Tire and Rim Association Year Book; (3) 
pneumatic tires, of rubber, that are not new, including recycled and 
retreaded tires; and (4) non-pneumatic tires, such as solid rubber 
tires.
    The products covered by the investigation are currently 
classified under the following Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 
4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 
4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. 
Tires meeting the scope description may also enter under the 
following HTSUS subheadings: 4011.99.45.00, 4011.99.85.00, 
8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 
8708.70.60.60. While HTSUS subheadings are provided for convenience 
and for customs purposes, the written description of the subject 
merchandise is dispositive.

[FR Doc. 2014-17096 Filed 7-18-14; 8:45 am]
BILLING CODE 3510-DS-P
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