Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 56587-56589 [2016-20023]
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Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices
Office IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0989.
SUPPLEMENTARY INFORMATION:
Background
The Department published its
Preliminary Results in this NSR on
March 22, 2016.1 Subsequently, IMJ
filed a case brief on May 15, 2016 and
CP Kelco U.S. (Petitioner) filed a
rebuttal brief on May 16, 2016.
Scope of the Order
The scope of the order covers dry
xanthan gum, whether or not coated or
blended with other products. Further,
xanthan gum is included in this order
regardless of physical form, including,
but not limited to, solutions, slurries,
dry powders of any particle size, or
unground fiber. Merchandise covered by
the scope of this order is classified in
the Harmonized Tariff Schedule
(‘‘HTS’’) of the United States at
subheading 3913.90.20. This tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope is dispositive.2
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the Issues and Decision
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
1 See Xanthan Gum From the People’s Republic
of China: Preliminary Rescission of 2014–2015
Antidumping Duty New Shipper Review, 81 FR
15240 (March 22, 2016) (‘‘Preliminary Results’’); see
also Memorandum to Abdelali Elouaradia, Director,
Office IV, AD/CVD Operations, from Cara Lofaro
and Brandon Farlander, International Trade
Analysts, entitled ‘‘2014–2015 Antidumping Duty
New Shipper Review of Xanthan Gum From the
People’s Republic of China: Preliminary Bona Fide
Sales Analysis for Inner Mongolia Jianlong
Biochemical Co., Ltd.,’’ dated March 15, 2016.
2 For a complete description of the scope of the
order, see the Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty New Shipper Review of
Xanthan Gum from the People’s Republic of China’’
issued concurrently with and hereby adopted by
this notice (‘‘Issues and Decision Memorandum’’).
3 Id.
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17:13 Aug 19, 2016
Jkt 238001
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content. A list of the issues which
parties raised is attached to this notice
as an Appendix.
Rescission of New Shipper Review
For the reasons explained in the
Issues and Decision Memorandum, the
Department continues to find that IMJ’s
one sale is a non-bona fide sale. Because
the non-bona fide sale was the only
reported sale of subject merchandise
during the POR, and thus there are no
reviewable transactions, the Department
is rescinding this NSR.
Assessment
As the Department is rescinding this
NSR, we have not calculated a
company-specific dumping margin for
IMJ. IMJ remains part of the PRC-wide
entity and, accordingly, entries of its
subject merchandise will be assessed at
the PRC-wide rate.
Cash Deposit Requirements
Effective upon publication of this
notice of final rescission of the NSR of
IMJ, the Department will instruct U.S.
Customs and Border Protection to
discontinue the option of posting a bond
or security in lieu of a cash deposit for
entries of subject merchandise from IMJ.
IMJ continues to be part of the PRCwide entity, and subject to the PRCwide entity rate of 154.07 percent.4
These cash deposit requirements shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to Administrative
Protective Order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in these segments of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B) and 777(i) of the Tariff Act
4 See Xanthan Gum From the People’s Republic
of China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
78 FR 43143 (July 19, 2013).
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56587
of 1930, as amended, and 19 CFR
351.214.
Dated: August 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues:
Comment 1: Whether IMJ Met the
Regulatory Requirements for Requesting
a New Shipper Review
Comment 2: Whether or not IMJ’s Sale was
a Bona Fide Sale
Comment 3: IMJ’s March 24, 2016
Submission
Recommendation
[FR Doc. 2016–20014 Filed 8–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2016, the
Department of Commerce (the
Department) published its notice of
initiation and preliminary results of a
changed circumstances review of the
antidumping duty (AD) order on certain
passenger vehicle and light truck tires
(passenger tires) from the People’s
Republic of China (PRC). In that notice,
we preliminarily determined that Sailun
Jinyu Group (HONG KONG) Co.,
Limited (Sailun Jinyu HK) is the
successor-in-interest to Jinyu
International Holding Co., Limited
(Jinyu HK) for purposes of determining
antidumping duty cash deposits and
liabilities. No interested party submitted
comments regarding the initiation and
preliminary results. For these final
results, the Department continues to
find that Sailun Jinyu HK is the
successor-in-interest to Jinyu HK.
DATES: Effective August 22, 2016.
FOR FURTHER INFORMATION CONTACT: Toni
Page, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1398.
AGENCY:
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Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, the Department
published in the Federal Register an AD
order on passenger tires from the PRC.1
On December 21, 2015, Jinyu HK, an
exporter of passenger tires covered by
this order, changed its name from Jinyu
HK to Sailun Jinyu HK. On February 23,
2016, Jinyu HK requested that the
Department conduct a changed
circumstances review under section
751(b) of the Tariff Act of 1930 (the
Act), as amended, 19 CFR 351.216, and
19 CFR 351.221(c)(3).2 In this request,
Jinyu HK asked the Department to
determine that Sailun Jinyu HK it is the
successor-in-interest to Jinyu HK and,
accordingly, to assign it Jinyu HK’s cash
deposit rate.3
On July 8, 2016, the Department
published its notice of initiation and
preliminary results of this changed
circumstances review, determining that
Sailun Jinyu HK is the successor-ininterest to Jinyu HK.4 In the Initiation
and Preliminary Results, we provided
all interested parties with an
opportunity to comment and to request
a public hearing regarding our
preliminary finding that Sailun Jinyu
HK is the successor-in-interest to Jinyu
HK. We received no comments
regarding our preliminary finding and
no requests for a public hearing from
interested parties within the time period
set forth in the Initiation and
Preliminary Results.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Scope of the Order
The products covered by the scope of
this order are passenger vehicle and
light truck tires. Passenger vehicle and
light truck tires are new pneumatic tires,
of rubber, with a passenger vehicle or
light truck size designation. Tires
covered by this order may be tube-type,
tubeless, radial, or non-radial, and they
may be intended for sale to original
equipment manufacturers or the
replacement market.
1 See Certain Passenger Vehicle and Light Truck
Tires From the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (AD Order).
2 See letter from Jinyu HK entitled, ‘‘Jinyu
International Holding Co., Limited’s Request for a
Changed Circumstances Review in Certain
Passenger Vehicle and Light Truck Tires From the
People’s Republic of China, Case No. A–570–016,’’
at 1 (February 23, 2016) (CCR Request).
3 Id.
4 See ‘‘Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China,’’ 88 FR 44588 (July 8, 2016) (Initiation
and Preliminary Results).
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17:13 Aug 19, 2016
Jkt 238001
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, unless the tire falls
within one of the specific exclusions set
out below.
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
are the following types of tires:
(1) Racing car tires; such tires do not
bear the symbol ‘‘DOT’’ on the sidewall
and may be marked with ‘‘ZR’’ in size
designation;
(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;
(4) non-pneumatic tires, such as solid
rubber tires;
(5) tires designed and marketed
exclusively as temporary use spare tires
for passenger vehicles which, in
addition, exhibit each of the following
physical characteristics:
(a) the size designation and load
index combination molded on the tire’s
sidewall are listed in Table PCT–1B
(‘‘T’’ Type Spare Tires for Temporary
Use on Passenger Vehicles) of the Tire
and Rim Association Year Book,
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Sfmt 4703
(b) the designation ‘‘T’’ is molded into
the tire’s sidewall as part of the size
designation, and,
(c) the tire’s speed rating is molded on
the sidewall, indicating the rated speed
in MPH or a letter rating as listed by
Tire and Rim Association Year Book,
and the rated speed is 81 MPH or a ‘‘M’’
rating;
(6) tires designed and marketed
exclusively for specialty tire (ST) use
which, in addition, exhibit each of the
following conditions:
(a) the size designation molded on the
tire’s sidewall is listed in the ST
sections of the Tire and Rim Association
Year Book,
(b) the designation ‘‘ST’’ is molded
into the tire’s sidewall as part of the size
designation,
(c) the tire incorporates a warning,
prominently molded on the sidewall,
that the tire is ‘‘For Trailer Service
Only’’ or ‘‘For Trailer Use Only’’,
(d) the load index molded on the tire’s
sidewall meets or exceeds those load
indexes listed in the Tire and Rim
Association Year Book for the relevant
ST tire size, and
(e) either
(i) the tire’s speed rating is molded on
the sidewall, indicating the rated speed
in MPH or a letter rating as listed by
Tire and Rim Association Year Book,
and the rated speed does not exceed 81
MPH or an ‘‘M’’ rating; or
(ii) the tire’s speed rating molded on
the sidewall is 87 MPH or an ‘‘N’’ rating,
and in either case the tire’s maximum
pressure and maximum load limit are
molded on the sidewall and either
(1) both exceed the maximum
pressure and maximum load limit for
any tire of the same size designation in
either the passenger car or light truck
section of the Tire and Rim Association
Year Book; or
(2) if the maximum cold inflation
pressure molded on the tire is less than
any cold inflation pressure listed for
that size designation in either the
passenger car or light truck section of
the Tire and Rim Association Year
Book, the maximum load limit molded
on the tire is higher than the maximum
load limit listed at that cold inflation
pressure for that size designation in
either the passenger car or light truck
section of the Tire and Rim Association
Year Book;
(7) tires designed and marketed
exclusively for off-road use and which,
in addition, exhibit each of the
following physical characteristics:
(a) the size designation and load
index combination molded on the tire’s
sidewall are listed in the off-the-road,
agricultural, industrial or ATV section
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Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
of the Tire and Rim Association Year
Book,
(b) in addition to any size designation
markings, the tire incorporates a
warning, prominently molded on the
sidewall, that the tire is ‘‘Not For
Highway Service’’ or ‘‘Not for Highway
Use’’,
(c) the tire’s speed rating is molded on
the sidewall, indicating the rated speed
in MPH or a letter rating as listed by the
Tire and Rim Association Year Book,
and the rated speed does not exceed 55
MPH or a ‘‘G’’ rating, and
(d) the tire features a recognizable offroad tread design.
The products covered by the order 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: 4011.99.45.10,
4011.99.45.50, 4011.99.85.10,
4011.99.85.50, 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.
Final Results of Changed Circumstances
Review
For the reasons stated in the Initiation
and Preliminary Results, and because
we received no comments from
interested parties to the contrary, the
Department continues to find that
Sailun Jinyu HK is the successor-ininterest to Jinyu HK. As a result of this
determination, we find that Sailun Jinyu
HK should receive the AD cash deposit
rate previously assigned to Jinyu HK in
the AD Order for passenger tires from
the PRC.5 Consequently, the Department
will instruct U.S. Customs and Border
Protection to suspend liquidation of all
shipments of subject merchandise
produced or exported by Sailun Jinyu
HK and entered, or withdrawn from
warehouse, for consumption on or after
the publication date of this notice in the
Federal Register at 0.00 percent, which
is the current AD cash deposit rate for
Jinyu HK.6 This cash deposit
5 See
AD Order.
HK (as part of the Sailun Group Co., Ltd.)
received a cash deposit rate of 0.00 percent in the
investigation of passenger tires from the PRC. See
AD Order, at 47904. Because we determined that
Sailun Jinyu HK is the successor-in-interest to Jinyu
HK, we will assign Sailun Jinyu HK a cash deposit
rate based on the amended final determination of
that investigation.
6 Jinyu
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17:13 Aug 19, 2016
Jkt 238001
requirement shall remain in effect until
further notice.
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(b)(1)
and 777(i)(1) and (2) of the Act and 19
CFR 351.216 and 351.221(c)(3).
Dated: August 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–20023 Filed 8–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE435
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Site
Characterization Surveys off the Coast
of Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with
regulations implementing the Marine
Mammal Protection Act (MMPA),
notification is hereby given that NMFS
has issued an Incidental Harassment
Authorization (IHA) to Bay State Wind
LLC (Bay State Wind) to take marine
mammals, by harassment, incidental to
high-resolution geophysical (HRG) and
geotechnical survey investigations
associated with marine site
characterization activities off the coast
of Massachusetts in the area of the
Commercial Lease of Submerged Lands
for Renewable Energy Development on
the Outer Continental Shelf (OCS–A
0500) (the Lease Area).
DATES: Effective August 13, 2016,
through August 12, 2017.
FOR FURTHER INFORMATION CONTACT: John
Fiorentino, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Availability
An electronic copy of Bay State
Wind’s IHA application (the
application) and supporting documents,
as well as a list of the references cited
in this document, may be obtained by
visiting the Internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental/. In case of problems
accessing these documents, please call
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56589
the contact listed above (see FOR
FURTHER INFORMATION CONTACT).
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Except with respect to certain
activities not pertinent here, section
3(18) of the MMPA defines
‘‘harassment’’ as: Any act of pursuit,
torment, or annoyance which (i) has the
potential to injure a marine mammal or
marine mammal stock in the wild (Level
A harassment); or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns,
including, but not limited to, migration,
breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On December 4, 2015, NMFS received
an application from Bay State Wind for
the taking of marine mammals
incidental to spring 2016 geophysical
survey investigations off the coast of
Massachusetts in the OCS–A 0500 Lease
Area, designated and offered by the U.S.
Bureau of Ocean Energy Management
(BOEM), to support the development of
an offshore wind project. NMFS
determined that the application was
adequate and complete on January 27,
2016. On January 20, 2016, Bay State
Wind submitted a separate request for
the taking of marine mammals
incidental to proposed geotechnical
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]]>Agencies
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56587-56589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20023]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Notice of Final Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2016, the Department of Commerce (the Department)
published its notice of initiation and preliminary results of a changed
circumstances review of the antidumping duty (AD) order on certain
passenger vehicle and light truck tires (passenger tires) from the
People's Republic of China (PRC). In that notice, we preliminarily
determined that Sailun Jinyu Group (HONG KONG) Co., Limited (Sailun
Jinyu HK) is the successor-in-interest to Jinyu International Holding
Co., Limited (Jinyu HK) for purposes of determining antidumping duty
cash deposits and liabilities. No interested party submitted comments
regarding the initiation and preliminary results. For these final
results, the Department continues to find that Sailun Jinyu HK is the
successor-in-interest to Jinyu HK.
DATES: Effective August 22, 2016.
FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482-1398.
[[Page 56588]]
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, the Department published in the Federal
Register an AD order on passenger tires from the PRC.\1\ On December
21, 2015, Jinyu HK, an exporter of passenger tires covered by this
order, changed its name from Jinyu HK to Sailun Jinyu HK. On February
23, 2016, Jinyu HK requested that the Department conduct a changed
circumstances review under section 751(b) of the Tariff Act of 1930
(the Act), as amended, 19 CFR 351.216, and 19 CFR 351.221(c)(3).\2\ In
this request, Jinyu HK asked the Department to determine that Sailun
Jinyu HK it is the successor-in-interest to Jinyu HK and, accordingly,
to assign it Jinyu HK's cash deposit rate.\3\
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires From the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (AD Order).
\2\ See letter from Jinyu HK entitled, ``Jinyu International
Holding Co., Limited's Request for a Changed Circumstances Review in
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China, Case No. A-570-016,'' at 1 (February 23, 2016)
(CCR Request).
\3\ Id.
---------------------------------------------------------------------------
On July 8, 2016, the Department published its notice of initiation
and preliminary results of this changed circumstances review,
determining that Sailun Jinyu HK is the successor-in-interest to Jinyu
HK.\4\ In the Initiation and Preliminary Results, we provided all
interested parties with an opportunity to comment and to request a
public hearing regarding our preliminary finding that Sailun Jinyu HK
is the successor-in-interest to Jinyu HK. We received no comments
regarding our preliminary finding and no requests for a public hearing
from interested parties within the time period set forth in the
Initiation and Preliminary Results.
---------------------------------------------------------------------------
\4\ See ``Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Passenger
Vehicle and Light Truck Tires from the People's Republic of China,''
88 FR 44588 (July 8, 2016) (Initiation and Preliminary Results).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of this order are passenger
vehicle and light truck tires. Passenger vehicle and light truck tires
are new pneumatic tires, of rubber, with a passenger vehicle or light
truck size designation. Tires covered by this order 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, unless the tire falls within one of the
specific exclusions set out below.
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 are the following types of
tires:
(1) Racing car tires; such tires do not bear the symbol ``DOT'' on
the sidewall and may be marked with ``ZR'' in size designation;
(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;
(4) non-pneumatic tires, such as solid rubber tires;
(5) tires designed and marketed exclusively as temporary use spare
tires for passenger vehicles which, in addition, exhibit each of the
following physical characteristics:
(a) the size designation and load index combination molded on the
tire's sidewall are listed in Table PCT-1B (``T'' Type Spare Tires for
Temporary Use on Passenger Vehicles) of the Tire and Rim Association
Year Book,
(b) the designation ``T'' is molded into the tire's sidewall as
part of the size designation, and,
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed is 81 MPH or a ``M'' rating;
(6) tires designed and marketed exclusively for specialty tire (ST)
use which, in addition, exhibit each of the following conditions:
(a) the size designation molded on the tire's sidewall is listed in
the ST sections of the Tire and Rim Association Year Book,
(b) the designation ``ST'' is molded into the tire's sidewall as
part of the size designation,
(c) the tire incorporates a warning, prominently molded on the
sidewall, that the tire is ``For Trailer Service Only'' or ``For
Trailer Use Only'',
(d) the load index molded on the tire's sidewall meets or exceeds
those load indexes listed in the Tire and Rim Association Year Book for
the relevant ST tire size, and
(e) either
(i) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed does not exceed 81 MPH or an
``M'' rating; or
(ii) the tire's speed rating molded on the sidewall is 87 MPH or an
``N'' rating, and in either case the tire's maximum pressure and
maximum load limit are molded on the sidewall and either
(1) both exceed the maximum pressure and maximum load limit for any
tire of the same size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is
less than any cold inflation pressure listed for that size designation
in either the passenger car or light truck section of the Tire and Rim
Association Year Book, the maximum load limit molded on the tire is
higher than the maximum load limit listed at that cold inflation
pressure for that size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book;
(7) tires designed and marketed exclusively for off-road use and
which, in addition, exhibit each of the following physical
characteristics:
(a) the size designation and load index combination molded on the
tire's sidewall are listed in the off-the-road, agricultural,
industrial or ATV section
[[Page 56589]]
of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire
incorporates a warning, prominently molded on the sidewall, that the
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed does not exceed 55 MPH or a
``G'' rating, and
(d) the tire features a recognizable off-road tread design.
The products covered by the order 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:
4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50,
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.
Final Results of Changed Circumstances Review
For the reasons stated in the Initiation and Preliminary Results,
and because we received no comments from interested parties to the
contrary, the Department continues to find that Sailun Jinyu HK is the
successor-in-interest to Jinyu HK. As a result of this determination,
we find that Sailun Jinyu HK should receive the AD cash deposit rate
previously assigned to Jinyu HK in the AD Order for passenger tires
from the PRC.\5\ Consequently, the Department will instruct U.S.
Customs and Border Protection to suspend liquidation of all shipments
of subject merchandise produced or exported by Sailun Jinyu HK and
entered, or withdrawn from warehouse, for consumption on or after the
publication date of this notice in the Federal Register at 0.00
percent, which is the current AD cash deposit rate for Jinyu HK.\6\
This cash deposit requirement shall remain in effect until further
notice.
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\5\ See AD Order.
\6\ Jinyu HK (as part of the Sailun Group Co., Ltd.) received a
cash deposit rate of 0.00 percent in the investigation of passenger
tires from the PRC. See AD Order, at 47904. Because we determined
that Sailun Jinyu HK is the successor-in-interest to Jinyu HK, we
will assign Sailun Jinyu HK a cash deposit rate based on the amended
final determination of that investigation.
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We are issuing this determination and publishing these final
results and notice in accordance with sections 751(b)(1) and 777(i)(1)
and (2) of the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: August 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-20023 Filed 8-19-16; 8:45 am]
BILLING CODE 3510-DS-P
