Certain New Pneumatic Off-the-Road Tires From India: Final Negative Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, 4848-4850 [2017-00869]
Download as PDF
<![CDATA[
4848
Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
unliquidated entries of subject
merchandise based on the revised
dumping margins listed above.
Cash Deposit Requirements
The Department notified CBP to
discontinue the collection of cash
deposits on entries of the subject
merchandise, entered or withdrawn
from warehouse, on or after February
14, 2012, due to the revocation of the
order.21 Therefore, no cash deposit
requirements will be imposed as a result
of these amended final results.
Notice to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: January 10, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance,
[FR Doc. 2017–00882 Filed 1–13–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–869]
Certain New Pneumatic Off-the-Road
Tires From India: Final Negative
Determination of Sales at Less Than
Fair Value and Final Determination of
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) determines that imports of
certain new pneumatic off-the-road tires
(OTR tires) from India are not being, or
are not likely to be, sold in the United
States at less than fair value (LTFV). The
final estimated weighted-average
dumping margins of sales at LTFV are
listed below in the section entitled
‘‘Final Determination.’’ The finding for
whether critical circumstances exist for
producers and exporters subject to the
all-others rate is moot because the
antidumping duty margins for Alliance
Tires Private Limited (ATC) and
Balkrishna Industries Limited (BKT) are
zero. The period of investigation is
January 1, 2015, through December 31,
2015.
DATES: Effective January 17, 2017.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Trisha Tran, AD/CVD
Operations, Office IV, Enforcement and
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
21 See Corrosion-Resistant Carbon Steel Flat
Products from Germany and the Republic of Korea:
Revocation of Antidumping and Countervailing
Duty Orders, 78 FR 16832, 16833 (March 19, 2013).
VerDate Sep<11>2014
18:21 Jan 13, 2017
Jkt 241001
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–6412, or (202) 482–4852,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2016, the Department
published the Preliminary
Determination in the Federal Register. 1
In the Preliminary Determination, we
postponed the final determination until
no later than 135 days after the date of
publication of the Preliminary
Determination in accordance with
section 735(a)(2) of the Tariff Act of
1930, as amended (the Act).2
A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.3 The Issues and Decision
Memorandum is a public document,
and is on file electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Scope Comments
In accordance with the Preliminary
Determination, the Department set aside
a period of time for parties to address
scope issues in case briefs or other
written comments on scope issues.4 In
1 See
Certain New Pneumatic Off-the-Road Tires:
Negative Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination, 81 FR 55431 (August 19, 2016)
(‘‘Preliminary Determination’’) and accompanying
Preliminary Decision Memorandum.
2 See Preliminary Determination, 81 FR at 55432.
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance ‘‘Certain New Pneumatic Off-the-Road
Tires from India: Issues and Decision Memorandum
for the Final Determination of Sales at Less Than
Fair Value,’’ dated concurrently with this
determination and hereby adopted by this notice
(‘‘Issues and Decision Memorandum’’).
4 See Preliminary Determination, 81 FR at 55432,
and accompanying Preliminary Decision
Memorandum at ‘‘Scope Comments.’’
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
the Preliminary Determination, we did
not modify the scope language as it
appeared in the Initiation Notice.5 No
interested party submitted scope
comments in case or rebuttal briefs.
Therefore, the scope of this
investigation remains unchanged for
this final determination.6
Scope of the Investigation
The products covered by this
investigation are OTR tires from India.
For a complete description of the scope
of the investigation, see Appendix I of
this notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice at Appendix II.
Verification
As provided in section 782(i) of the
Act, in August and September 2016, we
conducted sales and cost verifications of
the questionnaire responses submitted
by ATC and BKT. We used standard
verification procedures, including an
examination of relevant accounting and
production records, as well as original
source documents provided by both
respondents.
Changes to the Dumping Margin
Calculations Since the Preliminary
Determination
Based on our analysis of the
comments received, pre-verification
findings, and our findings at
verification, we made certain changes to
the dumping margin calculations for
each respondent, ATC and BKT. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Use of Adverse Facts Available
The Department has relied on partial
adverse facts available under sections
776(a) and (b) of the Act.7 A full
discussion of our decision to rely on
adverse facts available is presented in
the Issues and Decision Memorandum.
5 Id.; see also Certain New Pneumatic Off-theRoad Tires from India and the People’s Republic of
China: Initiation of Less-Than-Fair-Value
Investigations, 81 FR 7073 (February 10, 2016)
(‘‘Initiation Notice’’).
6 The Department has added two additional
subheadings from the Harmonized Tariff Schedule
of the United States to the list included for
convenience and customs purposes since the
Preliminary Determination. No revisions were made
to the written description of the subject
merchandise.
7 See Sections 776(a) and (b) of the Act.
E:\FR\FM\17JAN1.SGM
17JAN1
Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
Final Determination of Critical
Circumstances
On December 9, 2016, Petitioners 8
filed a timely critical circumstances
allegation pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(b),
alleging that critical circumstances exist
with respect to imports of the
merchandise under consideration.9 The
finding for whether critical
circumstances exist with respect to
producers and exporters subject to the
all others rate is moot because the
antidumping duty margins for ATC and
BKT are zero.
735(c)(1) and 772(c)(1)(C) of the Act and
19 CFR 351.210(d).
Final Determination
The Department determines, as
provided in section 735 of the Act, that
the following weighted-average
dumping margins exist for the period
January 1, 2015 through December 31,
2015:
Notification Regarding Administrative
Protective Orders (APOs)
This notice will serve as a reminder
to parties subject to APOs of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i) of the
Act and 19 CFR 351.210(c).
Exporter/producer
ATC Tires Private
Ltd.
Balkrishna Industries Limited.
All-Others ............
Weightedaverage
margin
(percent)
Cash deposit
adjusted for
subsidy offset
0.00
Not Applicable.
0.00
Not Applicable.
0.00
Not Applicable.
Consistent with section 735(c)(1) of
the Act, the Department has not
determined an estimated all-others rate
because it has not made an affirmative
final determination of sales at LTFV.
sradovich on DSK3GMQ082PROD with NOTICES
Suspension of Liquidation
Because the Department has not made
an affirmative final determination of
sales at LTFV, we are not directing U.S.
Customs and Border Protection to
suspend liquidation of any entries of
OTR tires from India.
In the final determination of the
companion countervailing duty
investigation of OTR tires from India,
the Department determined that the all
other companies received a benefit from
export subsidies.10 In the instant
investigation, the antidumping duty
margins ATC and BKT are zero and no
cash deposits will be collected.
Therefore, no adjustment is required for
export subsidies pursuant to sections
8 Titan Tire Corporation (Titan) and the United
Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union, AFL–CIO, CLC (USW)
(collectively, Petitioners).
9 Letter from ATC, ‘‘Certain New Pneumatic Offthe-Road Tires from India—Petitioners’ Critical
Circumstances Allegation,’’ dated December 9,
2016.
10 See Countervailing Duty Investigation of
Certain New Pneumatic Off-the-Road Tires from
India: Final Affirmative Determination, and Final
Affirmative Critical Circumstances Determination,
in Part, dated concurrently with this notice.
VerDate Sep<11>2014
18:21 Jan 13, 2017
Jkt 241001
Disclosure
We will disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of announcement, in accordance with
19 CFR 351.224(b).
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission of our
final determination.
Dated: January 3, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation is certain
new pneumatic off-the-road tires (certain off
road tires). Certain off road tires are tires with
an off road tire size designation. The tires
included in the scope may be either tubetype 11 or tubeless, radial, or non-radial,
regardless of whether for original equipment
manufacturers or the replacement market.
Subject tires may have the following prefix
or suffix designation, which appears on the
sidewall of the tire:
Prefix designations:
DH—Identifies a tire intended for
agricultural and logging service which must
be mounted on a DH drop center rim.
VA—Identifies a tire intended for
agricultural and logging service which must
be mounted on a VA multipiece rim.
IF—Identifies an agricultural tire to operate
at 20 percent higher rated load than standard
metric tires at the same inflation pressure.
VF—Identifies an agricultural tire to
operate at 40 percent higher rated load than
11 While tube-type tires are subject to the scope
of this proceeding, tubes and flaps are not subject
merchandise and therefore are not covered by the
scope of this proceeding, regardless of the manner
in which they are sold (e.g., sold with or separately
from subject merchandise).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
4849
standard metric tires at the same inflation
pressure.
Suffix designations:
ML—Mining and logging tires used in
intermittent highway service.
DT—Tires primarily designed for sand and
paver service.
NHS—Not for Highway Service.
TG—Tractor Grader, off-the-road tire for
use on rims having bead seats with nominal
+0.188’’ diameter (not for highway service).
K—Compactor tire for use on 5° drop
center or semi-drop center rims having bead
seats with nominal minus 0.032 diameter.
IND—Drive wheel tractor tire used in
industrial service.
SL—Service limited to agricultural usage.
FI—Implement tire for agricultural towed
highway service.
CFO—Cyclic Field Operation.
SS—Differentiates tires for off-highway
vehicles such as mini and skid-steer loaders
from other tires which use similar size
designations such as 7.00–15TR and 7.00–
15NHS, but may use different rim bead seat
configurations.
All tires marked with any of the prefixes
or suffixes listed above in their sidewall
markings are covered by the scope regardless
of their intended use.
In addition, all tires that lack any of the
prefixes or suffixes listed above in their
sidewall markings are included in the scope,
regardless of their intended use, as long as
the tire is of a size that is among the
numerical size designations listed in the
following sections of the Tire and Rim
Association Year Book, as updated annually,
unless the tire falls within one of the specific
exclusions set forth below. The sections of
the Tire and Rim Association Year Book
listing numerical size designations of covered
certain off road tires include:
The table of mining and logging tires
included in the section on Truck-Bus tires;
The entire section on Off-the-Road tires;
The entire section on Agricultural tires;
and
The following tables in the section on
Industrial/ATV/Special Trailer tires:
• Industrial, Mining, Counterbalanced Lift
Truck (Smooth Floors Only);
• Industrial and Mining (Other than
Smooth Floors);
• Construction Equipment;
• Off-the-Road and Counterbalanced Lift
Truck (Smooth Floors Only);
• Aerial Lift and Mobile Crane; and
• Utility Vehicle and Lawn and Garden
Tractor.
Certain off road tires, whether or not
mounted on wheels or rims, are included in
the scope. However, if a subject tire is
imported mounted on a wheel or rim, only
the tire is covered by the scope. Subject
merchandise includes certain off road tires
produced in the subject countries whether
mounted on wheels or rims in a subject
country or in a third country. Certain off road
tires are covered whether or not they are
accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Certain off
road tires that enter attached to a vehicle are
not covered by the scope.
Specifically excluded from the scope are
passenger vehicle and light truck tires, racing
E:\FR\FM\17JAN1.SGM
17JAN1
sradovich on DSK3GMQ082PROD with NOTICES
4850
Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
tires, mobile home tires, motorcycle tires, allterrain vehicle tires, bicycle tires, on-road or
on-highway trailer tires, and truck and bus
tires. Such tires generally have in common
that the symbol ‘‘DOT’’ must appear on the
sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards.
Such excluded tires may also have the
following prefixes and suffixes included as
part of the size designation on their
sidewalls:
Prefix letter designations:
AT—Identifies a tire intended for service
on All-Terrain Vehicles;
P—Identifies a tire intended primarily for
service on passenger cars;
LT—Identifies a tire intended primarily for
service on light trucks;
T—Identifies a tire intended for oneposition ‘‘temporary use’’ as a spare only;
and
ST—Identifies a special tire for trailers in
highway service.
Suffix letter designations:
TR—Identifies a tire for service on trucks,
buses, and other vehicles with rims having
specified rim diameter of nominal plus
0.156’’ or plus 0.250’’;
MH—Identifies tires for Mobile Homes;
HC—Identifies a heavy duty tire designated
for use on ‘‘HC’’ 15’’ tapered rims used on
trucks, buses, and other vehicles. This suffix
is intended to differentiate among tires for
light trucks, and other vehicles or other
services, which use a similar designation.
Example: 8R17.5 LT, 8R17.5 HC;
LT—Identifies light truck tires for service
on trucks, buses, trailers, and multipurpose
passenger vehicles used in nominal highway
service;
ST—Special tires for trailers in highway
service; and
M/C—Identifies tires and rims for
motorcycles.
The following types of tires are also
excluded from the scope: Pneumatic tires
that are not new, including recycled or
retreaded tires and used tires; non-pneumatic
tires, including solid rubber tires; aircraft
tires; and turf, lawn and garden, and golf
tires. Also excluded from the scope are
mining and construction tires that have a rim
diameter equal to or exceeding 39 inches.
Such tires may be distinguished from other
tires of similar size by the number of plies
that the construction and mining tires
contain (minimum of 16) and the weight of
such tires (minimum 1500 pounds).
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1025, 4011.20.1035,
4011.20.5030, 4011.20.5050, 4011.61.0000,
4011.62.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000,
4011.94.4000, 4011.94.8000, 8431.49.9038,
8431.49.9090, 8709.90.0020, and
8716.90.1020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.4550, 4011.99.8550, 8424.90.9080,
8431.20.0000, 8431.39.0010, 8431.49.1090,
8431.49.9030, 8432.90.0005, 8432.90.0015,
8432.90.0030, 8432.90.0080, 8433.90.5010,
8503.00.9560, 8708.70.0500, 8708.70.2500,
8708.70.4530, 8716.90.5035, 8716.90.5055,
VerDate Sep<11>2014
18:21 Jan 13, 2017
Jkt 241001
8716.90.5056 and 8716.90.5059. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues:
Comment 1: Standard Differential Pricing
Methodology
Comment 2: Unreported U.S. Sample Sales
Comment 3: Sales Outside the Ordinary
Course of Trade
Comment 4: Commission Offset
Comment 5: ATC’s Revised Cost Database
Submitted After Verification
Comment 6: Affirmative Determination of
ATC
Comment 7: Correction of Minor Errors
from U.S. Sales Verification
Comment 8: Warranty
Comment 9: Other Discounts
Comment 10: Classification of BKT’s Sales
Comment 11: Duty Drawback
Comment 12: CEP Offset
Comment 13: Quantity Unit of Measure
Comment 14: Correction of Verification
Errors
Comment 15: Correction of Preliminary
Determination Errors
VI. Recommendation
[FR Doc. 2017–00869 Filed 1–13–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–050]
Ammonium Sulfate From the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and exporters of
ammonium sulfate from the People’s
Republic of China (PRC). The period of
investigation is January 1, 2015 through
December 31, 2015.
DATES: Effective January 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone (202) 482–2923.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Background
On November 2, 2016, the Department
published its preliminary affirmative
determination that countervailable
subsidies are being provided to
producers and exporters of ammonium
sulfate from the PRC in the Federal
Register.1 We invited interested parties
to comment on our Preliminary
Determination, and/or request a hearing.
No party, including the mandatory
respondents 2 and the Government of
China (GOC), submitted comments or
requested a hearing.
Scope of the Investigation
The product covered by this
investigation is ammonium sulfate from
the PRC. For a complete description of
the scope of this investigation, see
Appendix II.
Verification
None of the mandatory respondents in
this investigation provided information
requested by the Department. Hence, no
verification was conducted.
Use of Adverse Facts Available (AFA)
As discussed above, we received no
comments from interested parties
pertaining to the Preliminary
Determination. Therefore, for this final
determination, and pursuant to sections
776(a)–(d) of the Tariff Act of 1930, as
amended (the Act), we continue to rely
on facts available for Wuzhoufeng AST
and Yantai AMP, the two mandatory
respondents, and the GOC, which did
not respond to our countervailing duty
questionnaires.3 Further, we continue to
find that Wuzhoufeng AST, Yantai
AMP, and the GOC failed to act to the
best of their ability and, therefore, we
are drawing an adverse inference in
selecting from among the facts
otherwise available to determine
whether the programs subject to this
investigation constitute countervailable
subsidies and to calculate the ad
valorem rates for Wuzhoufeng AST and
Yantai AMP.4
For this final determination, as AFA,
we continue to find all programs
1 See Countervailing Duty Investigation of
Ammonium Sulfate from the People’s Republic of
China: Preliminary Affirmative Determination, 81
FR 76332 (November 2, 2016) (Preliminary
Determination).
2 The Department selected Wuzhoufeng
Agricultural Science & Technology Co. Ltd.
(Wuzhoufeng AST) and Yantai Jiahe Agriculture
Means of Production Co. Ltd. (Yantai AMP) as
mandatory respondents.
3 See Memorandum, ’’ Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Ammonium
Sulfate from the People’s Republic of China,’’ dated
October 24, 2016 (Preliminary Decision
Memorandum) at 1–2, 5–7 and Attachment 1.
4 See sections 776(a) and (b) of the Act.
E:\FR\FM\17JAN1.SGM
17JAN1
]]>Agencies
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4848-4850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00869]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Final
Negative Determination of Sales at Less Than Fair Value and Final
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) determines that
imports of certain new pneumatic off-the-road tires (OTR tires) from
India are not being, or are not likely to be, sold in the United States
at less than fair value (LTFV). The final estimated weighted-average
dumping margins of sales at LTFV are listed below in the section
entitled ``Final Determination.'' The finding for whether critical
circumstances exist for producers and exporters subject to the all-
others rate is moot because the antidumping duty margins for Alliance
Tires Private Limited (ATC) and Balkrishna Industries Limited (BKT) are
zero. The period of investigation is January 1, 2015, through December
31, 2015.
DATES: Effective January 17, 2017.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-6412, or (202)
482-4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2016, the Department published the Preliminary
Determination in the Federal Register. \1\ In the Preliminary
Determination, we postponed the final determination until no later than
135 days after the date of publication of the Preliminary Determination
in accordance with section 735(a)(2) of the Tariff Act of 1930, as
amended (the Act).\2\
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires: Negative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 55431 (August 19, 2016)
(``Preliminary Determination'') and accompanying Preliminary
Decision Memorandum.
\2\ See Preliminary Determination, 81 FR at 55432.
---------------------------------------------------------------------------
A summary of the events that occurred since the Department
published the Preliminary Determination, as well as a full discussion
of the issues raised by parties for this final determination, may be
found in the Issues and Decision Memorandum.\3\ The Issues and Decision
Memorandum is a public document, and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov. The signed and electronic versions of the Issues
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
``Certain New Pneumatic Off-the-Road Tires from India: Issues and
Decision Memorandum for the Final Determination of Sales at Less
Than Fair Value,'' dated concurrently with this determination and
hereby adopted by this notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
Scope Comments
In accordance with the Preliminary Determination, the Department
set aside a period of time for parties to address scope issues in case
briefs or other written comments on scope issues.\4\ In the Preliminary
Determination, we did not modify the scope language as it appeared in
the Initiation Notice.\5\ No interested party submitted scope comments
in case or rebuttal briefs. Therefore, the scope of this investigation
remains unchanged for this final determination.\6\
---------------------------------------------------------------------------
\4\ See Preliminary Determination, 81 FR at 55432, and
accompanying Preliminary Decision Memorandum at ``Scope Comments.''
\5\ Id.; see also Certain New Pneumatic Off-the-Road Tires from
India and the People's Republic of China: Initiation of Less-Than-
Fair-Value Investigations, 81 FR 7073 (February 10, 2016)
(``Initiation Notice'').
\6\ The Department has added two additional subheadings from the
Harmonized Tariff Schedule of the United States to the list included
for convenience and customs purposes since the Preliminary
Determination. No revisions were made to the written description of
the subject merchandise.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are OTR tires from
India. For a complete description of the scope of the investigation,
see Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of these issues is attached to this
notice at Appendix II.
Verification
As provided in section 782(i) of the Act, in August and September
2016, we conducted sales and cost verifications of the questionnaire
responses submitted by ATC and BKT. We used standard verification
procedures, including an examination of relevant accounting and
production records, as well as original source documents provided by
both respondents.
Changes to the Dumping Margin Calculations Since the Preliminary
Determination
Based on our analysis of the comments received, pre-verification
findings, and our findings at verification, we made certain changes to
the dumping margin calculations for each respondent, ATC and BKT. For a
discussion of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
The Department has relied on partial adverse facts available under
sections 776(a) and (b) of the Act.\7\ A full discussion of our
decision to rely on adverse facts available is presented in the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
[[Page 4849]]
Final Determination of Critical Circumstances
On December 9, 2016, Petitioners \8\ filed a timely critical
circumstances allegation pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(b), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration.\9\ The
finding for whether critical circumstances exist with respect to
producers and exporters subject to the all others rate is moot because
the antidumping duty margins for ATC and BKT are zero.
---------------------------------------------------------------------------
\8\ Titan Tire Corporation (Titan) and the United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL-CIO, CLC (USW)
(collectively, Petitioners).
\9\ Letter from ATC, ``Certain New Pneumatic Off-the-Road Tires
from India--Petitioners' Critical Circumstances Allegation,'' dated
December 9, 2016.
---------------------------------------------------------------------------
Final Determination
The Department determines, as provided in section 735 of the Act,
that the following weighted-average dumping margins exist for the
period January 1, 2015 through December 31, 2015:
------------------------------------------------------------------------
Weighted-
average Cash deposit adjusted for
Exporter/producer margin subsidy offset
(percent)
------------------------------------------------------------------------
ATC Tires Private Ltd............ 0.00 Not Applicable.
Balkrishna Industries Limited.... 0.00 Not Applicable.
All-Others....................... 0.00 Not Applicable.
------------------------------------------------------------------------
Consistent with section 735(c)(1) of the Act, the Department has
not determined an estimated all-others rate because it has not made an
affirmative final determination of sales at LTFV.
Suspension of Liquidation
Because the Department has not made an affirmative final
determination of sales at LTFV, we are not directing U.S. Customs and
Border Protection to suspend liquidation of any entries of OTR tires
from India.
In the final determination of the companion countervailing duty
investigation of OTR tires from India, the Department determined that
the all other companies received a benefit from export subsidies.\10\
In the instant investigation, the antidumping duty margins ATC and BKT
are zero and no cash deposits will be collected. Therefore, no
adjustment is required for export subsidies pursuant to sections
735(c)(1) and 772(c)(1)(C) of the Act and 19 CFR 351.210(d).
---------------------------------------------------------------------------
\10\ See Countervailing Duty Investigation of Certain New
Pneumatic Off-the-Road Tires from India: Final Affirmative
Determination, and Final Affirmative Critical Circumstances
Determination, in Part, dated concurrently with this notice.
---------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of announcement, in
accordance with 19 CFR 351.224(b).
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission of our final determination.
Notification Regarding Administrative Protective Orders (APOs)
This notice will serve as a reminder to parties subject to APOs of
their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of return or destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: January 3, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation is certain new pneumatic off-
the-road tires (certain off road tires). Certain off road tires are
tires with an off road tire size designation. The tires included in
the scope may be either tube-type \11\ or tubeless, radial, or non-
radial, regardless of whether for original equipment manufacturers
or the replacement market.
---------------------------------------------------------------------------
\11\ While tube-type tires are subject to the scope of this
proceeding, tubes and flaps are not subject merchandise and
therefore are not covered by the scope of this proceeding,
regardless of the manner in which they are sold (e.g., sold with or
separately from subject merchandise).
---------------------------------------------------------------------------
Subject tires may have the following prefix or suffix
designation, which appears on the sidewall of the tire:
Prefix designations:
DH--Identifies a tire intended for agricultural and logging
service which must be mounted on a DH drop center rim.
VA--Identifies a tire intended for agricultural and logging
service which must be mounted on a VA multipiece rim.
IF--Identifies an agricultural tire to operate at 20 percent
higher rated load than standard metric tires at the same inflation
pressure.
VF--Identifies an agricultural tire to operate at 40 percent
higher rated load than standard metric tires at the same inflation
pressure.
Suffix designations:
ML--Mining and logging tires used in intermittent highway
service.
DT--Tires primarily designed for sand and paver service.
NHS--Not for Highway Service.
TG--Tractor Grader, off-the-road tire for use on rims having
bead seats with nominal +0.188'' diameter (not for highway service).
K--Compactor tire for use on 5[deg] drop center or semi-drop
center rims having bead seats with nominal minus 0.032 diameter.
IND--Drive wheel tractor tire used in industrial service.
SL--Service limited to agricultural usage.
FI--Implement tire for agricultural towed highway service.
CFO--Cyclic Field Operation.
SS--Differentiates tires for off-highway vehicles such as mini
and skid-steer loaders from other tires which use similar size
designations such as 7.00-15TR and 7.00-15NHS, but may use different
rim bead seat configurations.
All tires marked with any of the prefixes or suffixes listed
above in their sidewall markings are covered by the scope regardless
of their intended use.
In addition, all tires that lack any of the prefixes or suffixes
listed above in their sidewall markings are included in the scope,
regardless of their intended use, as long as the tire is of a size
that is among the numerical size designations listed in the
following sections of the Tire and Rim Association Year Book, as
updated annually, unless the tire falls within one of the specific
exclusions set forth below. The sections of the Tire and Rim
Association Year Book listing numerical size designations of covered
certain off road tires include:
The table of mining and logging tires included in the section on
Truck-Bus tires;
The entire section on Off-the-Road tires;
The entire section on Agricultural tires; and
The following tables in the section on Industrial/ATV/Special
Trailer tires:
Industrial, Mining, Counterbalanced Lift Truck (Smooth
Floors Only);
Industrial and Mining (Other than Smooth Floors);
Construction Equipment;
Off-the-Road and Counterbalanced Lift Truck (Smooth
Floors Only);
Aerial Lift and Mobile Crane; and
Utility Vehicle and Lawn and Garden Tractor.
Certain off road tires, whether or not mounted on wheels or
rims, are included in the scope. However, if a subject tire is
imported mounted on a wheel or rim, only the tire is covered by the
scope. Subject merchandise includes certain off road tires produced
in the subject countries whether mounted on wheels or rims in a
subject country or in a third country. Certain off road tires are
covered whether or not they are accompanied by other parts, e.g., a
wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires
that enter attached to a vehicle are not covered by the scope.
Specifically excluded from the scope are passenger vehicle and
light truck tires, racing
[[Page 4850]]
tires, mobile home tires, motorcycle tires, all-terrain vehicle
tires, bicycle tires, on-road or on-highway trailer tires, and truck
and bus tires. Such tires generally have in common that the symbol
``DOT'' must appear on the sidewall, certifying that the tire
conforms to applicable motor vehicle safety standards. Such excluded
tires may also have the following prefixes and suffixes included as
part of the size designation on their sidewalls:
Prefix letter designations:
AT--Identifies a tire intended for service on All-Terrain
Vehicles;
P--Identifies a tire intended primarily for service on passenger
cars;
LT--Identifies a tire intended primarily for service on light
trucks;
T--Identifies a tire intended for one-position ``temporary use''
as a spare only; and
ST--Identifies a special tire for trailers in highway service.
Suffix letter designations:
TR--Identifies a tire for service on trucks, buses, and other
vehicles with rims having specified rim diameter of nominal plus
0.156'' or plus 0.250'';
MH--Identifies tires for Mobile Homes;
HC--Identifies a heavy duty tire designated for use on ``HC''
15'' tapered rims used on trucks, buses, and other vehicles. This
suffix is intended to differentiate among tires for light trucks,
and other vehicles or other services, which use a similar
designation.
Example: 8R17.5 LT, 8R17.5 HC;
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal
highway service;
ST--Special tires for trailers in highway service; and
M/C--Identifies tires and rims for motorcycles.
The following types of tires are also excluded from the scope:
Pneumatic tires that are not new, including recycled or retreaded
tires and used tires; non-pneumatic tires, including solid rubber
tires; aircraft tires; and turf, lawn and garden, and golf tires.
Also excluded from the scope are mining and construction tires that
have a rim diameter equal to or exceeding 39 inches. Such tires may
be distinguished from other tires of similar size by the number of
plies that the construction and mining tires contain (minimum of 16)
and the weight of such tires (minimum 1500 pounds).
The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050,
4011.61.0000, 4011.62.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000,
4011.94.8000, 8431.49.9038, 8431.49.9090, 8709.90.0020, and
8716.90.1020. Tires meeting the scope description may also enter
under the following HTSUS subheadings: 4011.99.4550, 4011.99.8550,
8424.90.9080, 8431.20.0000, 8431.39.0010, 8431.49.1090,
8431.49.9030, 8432.90.0005, 8432.90.0015, 8432.90.0030,
8432.90.0080, 8433.90.5010, 8503.00.9560, 8708.70.0500,
8708.70.2500, 8708.70.4530, 8716.90.5035, 8716.90.5055, 8716.90.5056
and 8716.90.5059. While HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues:
Comment 1: Standard Differential Pricing Methodology
Comment 2: Unreported U.S. Sample Sales
Comment 3: Sales Outside the Ordinary Course of Trade
Comment 4: Commission Offset
Comment 5: ATC's Revised Cost Database Submitted After
Verification
Comment 6: Affirmative Determination of ATC
Comment 7: Correction of Minor Errors from U.S. Sales
Verification
Comment 8: Warranty
Comment 9: Other Discounts
Comment 10: Classification of BKT's Sales
Comment 11: Duty Drawback
Comment 12: CEP Offset
Comment 13: Quantity Unit of Measure
Comment 14: Correction of Verification Errors
Comment 15: Correction of Preliminary Determination Errors
VI. Recommendation
[FR Doc. 2017-00869 Filed 1-13-17; 8:45 am]
BILLING CODE 3510-DS-P
