Certain New Pneumatic Off-the-Road Tires From India: Antidumping Duty Order, 12553-12555 [2017-04432]
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Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
accordance with 19 CFR 351.303(f)(l)(i),
a copy of each request must be served
on the petitioner and each exporter or
producer specified in the request.
The Department will publish in the
Federal Register a notice of ‘‘Initiation
of Administrative Review of
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation’’ for requests received by
the last day of March 2017. If the
Department does not receive, by the last
day of March 2017, a request for review
of entries covered by an order, finding,
or suspended investigation listed in this
notice and for the period identified
above, the Department will instruct CBP
to assess antidumping or countervailing
duties on those entries at a rate equal to
the cash deposit of (or bond for)
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: February 27, 2017.
James Maeder,
Senior Director, Office I for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2017–04280 Filed 3–3–17; 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: Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on an affirmative
amended final determination by the
Department of Commerce (the
Department) and an affirmative final
determination by the International
Trade Commission (the ITC), the
Department is issuing an antidumping
duty order on certain new pneumatic
off-the-road tires (off road tires) from
India.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
19:24 Mar 03, 2017
Jkt 241001
DATES:
Effective March 6, 2017.
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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 January 17, 2017, the
Department published its final negative
determination of sales at less-than-fairvalue (LTFV) with respect to off-theroad tires from India.1 Pursuant to
section 735(e) of the Act and 19 CFR
351.224(e), which provide for the
correction of ministerial errors, on
February 2, 2017, the Department
published its affirmative amended final
determination of sales at LTFV.2 On
February 23, 2017, the ITC notified the
Department of its final determination
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 the LTFV imports of off road
tires from India.3
Scope of the Order
The products covered by this order
are off road tires, which are tires with
an off road tire size designation. For a
complete description of the scope of the
order, see Appendix I.
Antidumping Duty Order
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC notified the Department of its final
determination that the industry in the
United States producing off road tires is
materially injured by reason of the
LTFV imports of off road tires from
1 See 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, 82 FR 4848 (January 17,
2017).
2 See Certain New Pneumatic Off-the-Road Tires
from India: Affirmative Amended Final
Determination of Sales at Less Than Fair Value and
Final Negative Determination of Critical
Circumstances, 82 FR 9056 (February 2, 2017)
(Amended Final Determination).
3 See Letter to Ronald Lorentzen, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding off the road tires from the
India and Sri Lanka (February 23, 2017). See also
Certain New Pneumatic Off-the-Road Tires from
India and Sri Lanka, Investigation Nos.
701-TA-552-553 and 731-TA-1308 (Final), USITC
Publication 4669 (February 2017).
PO 00000
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12553
India.4 Therefore, in accordance with
section 735(c)(2) of the Act, we are
publishing this antidumping duty order.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of off-road tires from
India. Antidumping duties will be
assessed on unliquidated entries of off
road tires from India entered, or
withdrawn from warehouse, for
consumption on or after February 2,
2017, the date of publication of the
Amended Final Determination.5
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct CBP to continue to suspend
liquidation on all relevant entries of off
road tires from India. These instructions
suspending liquidation will remain in
effect until further notice.
We will also instruct CBP to require
cash deposits equal to the estimated
weighted-average dumping margins
indicated below. Accordingly, effective
on the date of publication of the ITC’s
final affirmative injury determinations,
CBP will require, at the same time as
importers would normally deposit
estimated duties on this subject
merchandise, a cash deposit equal to the
estimated weighted-average
antidumping duty margins listed
below.6 The all-others rate applies to all
producers or exporters not specifically
listed. For the purposes of determining
cash deposit rates, the estimated
weighted-average dumping margins for
imports of subject merchandise from
India have been adjusted for export
subsidies found in the amended final
determination of the companion
countervailing duty investigation of this
merchandise (i.e., 4.72 percent).7
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
antidumping duty margin percentages
are as follows:
4 Id.
5 Amended
Final Determination.
Section 736(a)(3) of the Act.
7 See Certain New Pneumatic Off-the-Road Tires
from India and Sri Lanka: Amended Final
Affirmative Countervailing Duty Determination for
India and Countervailing Duty Orders, dated
concurrently with this notice.
6 See
E:\FR\FM\06MRN1.SGM
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Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
Weightedaverage
dumping
margin
(percent)
Exporter/
producer
ATC Tires Private Ltd .........
All-Others ..........
Cash
deposit
rate
adjusted
for subsidy
offset
(percent)
3.67
3.67
0.00
0.00
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
off road tires from India pursuant to
section 736(a) of the Act. Interested
parties can find a list of antidumping
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: March 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Scope of the Order
The scope of the order is certain new
pneumatic off-the-road tires (off-road tires).
Off-road tires are tires with an off road tire
size designation. The tires included in the
scope may be either tube-type 8 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
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).
8 While tube-type tires are subject to the scope of
these proceedings, tubes and flaps are not subject
merchandise and therefore are not covered by the
scope of these proceedings, regardless of the
manner in which they are sold (e.g., sold with or
separately from subject merchandise).
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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
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:
PO 00000
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Fmt 4703
Sfmt 4703
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, 4011.70.0010,
4011.62.0000, 4011.80.1010, 4011.80.1020,
4011.90.1050, 4011.70.0050, 4011.80.2010,
4011.80.8010, 4011.80.2020, 4011.80.8020,
8431.49.9038, 8431.49.9090, 8709.90.0020,
and 8716.90.1020.9 Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.90.2050, 4011.90.8050, 8424.90.9080,
8431.20.0000, 8431.39.0010, 8431.49.1090,
8431.49.9030, 8432.90.0020, 8432.90.0040,
8432.90.0050, 8432.90.0060, 8432.90.0081,
8433.90.5010, 8503.00.9560, 8708.70.0500,
8708.70.2500, 8708.70.4530, 8716.90.5035,
8716.90.5056 and 8716.90.5059.10 While
9 Prior to January 1, 2017, subject merchandise
was classifiable under the following HTSUS
numbers which have been deleted or discontinued:
4011.61.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000,
4011.94.4000, and 4011.94.8000.
10 Prior to January 1, 2017, tires meeting the scope
description may also enter under the following
HTSUS subheadings which have been deleted or
discontinued: 4011.99.4550, 4011.99.8550,
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Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
[FR Doc. 2017–04432 Filed 3–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–971]
Multilayered Wood Flooring From the
People’s Republic of China: Final
Results of Expedited First Sunset
Review of the Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) finds that revocation
of the countervailing duty (CVD) order
on multilayered wood flooring (MLWF)
from the People’s Republic of China
(PRC) would likely lead to continuation
or recurrence of a countervailable
subsidy at the levels indicated in the
‘‘Final Results of Review’’ section of this
notice.
DATES: Effective March 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Robert James or John Anwesen, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Ave. NW.,
Washington, DC 20230; telephone: (202)
482–0649 or (202) 482–0131,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Background
On November 1, 2016, the Department
initiated the first sunset review of the
CVD order on MLWF from the PRC
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act) and
19 CFR 351.218(c).1 The Department
received a notice of intent to participate
in the review on behalf of the Coalition
for American Hardwood Parity and its
member companies, Cumberland
Products Group, LLC, d/b/a American
OEM Wood Floors, Mannington Mills,
Inc., Mohawk Industries, Inc., Shaw
Industries Group, Inc. (collectively,
CAHP), within the deadline specified in
19 CFR 351.218(d)(1)(i).2 CAHP claimed
8432.90.0005, 8432.90.0015, 8432.90.0030,
8432.90.0080, and 8716.90.5055.
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
81 FR 75808 (November 1, 2016).
2 See Coalition for American Hardwood Parity et
al.’s Notice of Intent to Participate entitled,
‘‘Petitioners’ Notice of Intent to Participate: Five-
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19:24 Mar 03, 2017
Jkt 241001
interested party status under section
771(9)(C) and (F) of the Act, as domestic
producers of the domestic like product
and an association comprised of
domestic producers.
The Department received an adequate
substantive response from the domestic
industry within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).3
The Department did not receive a
substantive response from any
government or respondent interested
party to the proceeding. Because the
Department received no response from
the respondent interested parties, the
Department conducted an expedited
review of this CVD order, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2).
Scope of the Order
The products covered by this order
are certain multilayered wood flooring
which are composed of an assembly of
two or more layers or plies of wood
veneer(s) 4 in combination with a core.
Imports of the subject merchandise are
provided for under the following
subheadings of the Harmonized Tariff
Schedule of the United States (HTSUS):
4412.31.0620; 4412.31.0640;
4412.31.0660; 4412.31.2610;
4412.31.2620; 4412.31.4140;
4412.31.4160; 4412.31.4175;
4412.31.5225; 4412.32.0640;
4412.32.0665; 4412.32.2610;
4412.32.2625; 4412.32.3225;
4412.32.5700; 4418.74.2000;
4418.74.9000; 4418.75.4000;
4418.75.7000; 4418.79.0100;
4412.31.0520; 4412.31.0540;
4412.31.0560; 4412.31.2510;
4412.31.2520; 4412.31.4040;
4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.5125;
4412.31.5135; 4412.31.5155;
4412.31.5165; 4412.31.6000;
4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560;
4412.32.2510; 4412.32.2520;
4412.32.3125; 4412.32.3135;
4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185;
4412.32.5600; 4412.39.1000;
4412.39.3000; 4412.39.4011;
4412.39.4012; 4412.39.4019;
4412.39.4031; 4412.39.4032;
4412.39.4039; 4412.39.4051;
Year (‘‘Sunset’’) Review: Multilayered Wood
Flooring from the People’s Republic of China,’’
dated November 16, 2016.
3 See Coalition for American Hardwood Parity et
al.’s Substantive Response entitled ‘‘Petitioner’s
Substantive Response: Five Year (‘‘Sunset’’)
Review: Multilayered Wood Flooring from the
People’s Republic of China,’’ dated December 1,
2016.
4 A ‘‘veneer’’ is a thin slice of wood, rotary cut,
sliced or sawed from a log, bolt or flitch. Veneer is
referred to as a ply when assembled.
PO 00000
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12555
4412.39.4052; 4412.39.4059;
4412.39.4061; 4412.39.4062;
4412.39.4069; 4412.39.5010;
4412.39.5030; 4412.39.5050;
4412.94.1030; 4412.94.1050;
4412.94.3105; 4412.94.3111;
4412.94.3121; 4412.94.3131;
4412.94.3141; 4412.94.3160;
4412.94.3171; 4412.94.4100;
4412.94.5100; 4412.94.6000;
4412.94.7000; 4412.94.8000;
4412.94.9000; 4412.94.9500;
4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140;
4412.99.3150; 4412.99.3160;
4412.99.3170; 4412.99.4100;
4412.99.5100; 4412.99.5710;
4412.99.6000; 4412.99.7000;
4412.99.8000; 4412.99.9000;
4412.99.9500; 4418.71.2000;
4418.71.9000; 4418.72.2000;
4418.72.9500; and 9801.00.2500.5
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written product
description remains dispositive. For a
full description of the scope, see the
Issues and Decision Memorandum,
which is hereby adopted by this notice.6
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 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 at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
5 The following HTS numbers were added to the
Case Reference File in ACE: 9801.00.2500,
4412.31.0620, 4412.31.0640, 4412.31.0660,
4412.31.2610, 4412.31.2620, 4412.31.4140,
4412.31.4160, 4412.31.4175, 4412.31.5225,
4412.32.0640, 4412.32.0665, 4412.32.2610,
4412.32.2625, 4412.32.3225, 4412.32.5700,
4418.74.2000, 4418.74.9000, 4418.75.4000,
4418.75.7000, 4418.79.0100. See Memorandum
regarding: Multilayered Wood Flooring from the
PRC, Modification of the Case Reference File in
ACE, dated February 8, 2017; see also
Memorandum regarding: Multilayered Wood
Flooring from the People’s Republic of China: A–
570–970, C–570–971, dated February 9, 2017.
6 See Department Memorandum, ‘‘Issues and
Decision Memorandum for the Final Results of the
Expedited First Sunset Review of the
Countervailing Duty Order on Multilayered Wood
Flooring from the People’s Republic of China’’
(Issues and Decision Memorandum), dated
concurrently with this final notice.
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]]>Agencies
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12553-12555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04432]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Antidumping
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on an affirmative amended final determination by the
Department of Commerce (the Department) and an affirmative final
determination by the International Trade Commission (the ITC), the
Department is issuing an antidumping duty order on certain new
pneumatic off-the-road tires (off road tires) from India.
DATES: Effective March 6, 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
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 January 17,
2017, the Department published its final negative determination of
sales at less-than-fair-value (LTFV) with respect to off-the-road tires
from India.\1\ Pursuant to section 735(e) of the Act and 19 CFR
351.224(e), which provide for the correction of ministerial errors, on
February 2, 2017, the Department published its affirmative amended
final determination of sales at LTFV.\2\ On February 23, 2017, the ITC
notified the Department of its final determination 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 the LTFV imports of off road
tires from India.\3\
---------------------------------------------------------------------------
\1\ See 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, 82 FR 4848 (January
17, 2017).
\2\ See Certain New Pneumatic Off-the-Road Tires from India:
Affirmative Amended Final Determination of Sales at Less Than Fair
Value and Final Negative Determination of Critical Circumstances, 82
FR 9056 (February 2, 2017) (Amended Final Determination).
\3\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K.
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding off the road tires from the India and Sri Lanka (February
23, 2017). See also Certain New Pneumatic Off-the-Road Tires from
India and Sri Lanka, Investigation Nos.
701[hyphen]TA[hyphen]552[hyphen]553 and 731[hyphen]TA[hyphen]1308
(Final), USITC Publication 4669 (February 2017).
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Scope of the Order
The products covered by this order are off road tires, which are
tires with an off road tire size designation. For a complete
description of the scope of the order, see Appendix I.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC notified the Department of its final determination that the
industry in the United States producing off road tires is materially
injured by reason of the LTFV imports of off road tires from India.\4\
Therefore, in accordance with section 735(c)(2) of the Act, we are
publishing this antidumping duty order.
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\4\ Id.
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (CBP) to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of off-road
tires from India. Antidumping duties will be assessed on unliquidated
entries of off road tires from India entered, or withdrawn from
warehouse, for consumption on or after February 2, 2017, the date of
publication of the Amended Final Determination.\5\
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\5\ Amended Final Determination.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct CBP to continue to suspend liquidation on all relevant
entries of off road tires from India. These instructions suspending
liquidation will remain in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
estimated weighted-average dumping margins indicated below.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determinations, CBP will require, at the same time
as importers would normally deposit estimated duties on this subject
merchandise, a cash deposit equal to the estimated weighted-average
antidumping duty margins listed below.\6\ The all-others rate applies
to all producers or exporters not specifically listed. For the purposes
of determining cash deposit rates, the estimated weighted-average
dumping margins for imports of subject merchandise from India have been
adjusted for export subsidies found in the amended final determination
of the companion countervailing duty investigation of this merchandise
(i.e., 4.72 percent).\7\
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\6\ See Section 736(a)(3) of the Act.
\7\ See Certain New Pneumatic Off-the-Road Tires from India and
Sri Lanka: Amended Final Affirmative Countervailing Duty
Determination for India and Countervailing Duty Orders, dated
concurrently with this notice.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average antidumping duty margin percentages
are as follows:
[[Page 12554]]
------------------------------------------------------------------------
Cash
Weighted- deposit
average rate
Exporter/ producer dumping adjusted
margin for subsidy
(percent) offset
(percent)
------------------------------------------------------------------------
ATC Tires Private Ltd......................... 3.67 0.00
All-Others.................................... 3.67 0.00
------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
off road tires from India pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: March 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The scope of the order is certain new pneumatic off-the-road
tires (off-road tires). Off-road tires are tires with an off road
tire size designation. The tires included in the scope may be either
tube-type \8\ or tubeless, radial, or non-radial, regardless of
whether for original equipment manufacturers or the replacement
market.
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\8\ While tube-type tires are subject to the scope of these
proceedings, tubes and flaps are not subject merchandise and
therefore are not covered by the scope of these proceedings,
regardless of the manner in which they are sold (e.g., sold with or
separately from subject merchandise).
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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 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,
4011.70.0010, 4011.62.0000, 4011.80.1010, 4011.80.1020,
4011.90.1050, 4011.70.0050, 4011.80.2010, 4011.80.8010,
4011.80.2020, 4011.80.8020, 8431.49.9038, 8431.49.9090,
8709.90.0020, and 8716.90.1020.\9\ Tires meeting the scope
description may also enter under the following HTSUS subheadings:
4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000,
8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0020,
8432.90.0040, 8432.90.0050, 8432.90.0060, 8432.90.0081,
8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500,
8708.70.4530, 8716.90.5035, 8716.90.5056 and 8716.90.5059.\10\ While
[[Page 12555]]
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the subject merchandise is dispositive.
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\9\ Prior to January 1, 2017, subject merchandise was
classifiable under the following HTSUS numbers which have been
deleted or discontinued: 4011.61.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, and
4011.94.8000.
\10\ Prior to January 1, 2017, tires meeting the scope
description may also enter under the following HTSUS subheadings
which have been deleted or discontinued: 4011.99.4550, 4011.99.8550,
8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, and
8716.90.5055.
[FR Doc. 2017-04432 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P
