Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Negative Determination of Critical Circumstances, 40480-40485 [E8-16154]
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Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
telephone: (202) 482–1442 and (202)
482–1655, respectively.
SUPPLEMENTARY INFORMATION:
BROADCASTING BOARD OF
GOVERNORS
Sunshine Act Meeting
Wednesday, July 16,
2008, 2:45 p.m.–4 p.m.
PLACE: Cohen Building, Room 3321,
330 Independence Ave., SW.,
Washington, DC 20237.
CLOSED MEETING: The members of the
Broadcasting Board of Governors (BBG)
will meet in closed session to review
and discuss a number of issues relating
to U.S. Government-funded nonmilitary international broadcasting.
They will address internal procedural,
budgetary, and personnel issues, as well
as sensitive foreign policy issues
relating to potential options in the U.S.
international broadcasting field. This
meeting is closed because if open it
likely would either disclose matters that
would be properly classified to be kept
secret in the interest of foreign policy
under the appropriate executive order (5
U.S.C. 552b.(c)(1)) or would disclose
information the premature disclosure of
which would be likely to significantly
frustrate implementation of a proposed
agency action. (5 U.S.C. 552b.(c)(9)(B))
In addition, part of the discussion will
relate solely to the internal personnel
and organizational issues of the BBG or
the International Broadcasting Bureau.
(5 U.S.C. 552b.(c)(2) and (6))
CONTACT PERSON FOR MORE INFORMATION:
Persons interested in obtaining more
information should contact Timi
Nickerson Kenealy at (202) 203–4545.
DATE AND TIME:
Timi Nickerson Kenealy,
Acting Legal Counsel.
[FR Doc. 08–1432 Filed 7–11–08; 8:57 am]
BILLING CODE 8610–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Notice of Extension of Time Limit for
Final Results of the Antidumping Duty
Administrative Review: Glycine from
the People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 15, 2008.
FOR FURTHER INFORMATION CONTACT: Erin
Begnal or Toni Dach, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
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AGENCY:
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Background
On April 4, 2008, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of the
antidumping duty administrative review
of glycine from the People’s Republic of
China, covering the period March 1,
2006, through February 28, 2007. See
Glycine from the People’s Republic of
China: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission, 73 FR
18503 (April 4, 2008).
Extension of Time Limits for Final
Results
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and section 351.213(h)(1) of the
Department’s regulations, the
Department shall issue the preliminary
results of an administrative review
within 245 days after the last day of the
anniversary month of the date of
publication of the order. The Act and
the regulations further provide that the
Department shall issue the final results
of review within 120 days after the date
on which the notice of the preliminary
results was published in the Federal
Register. See section Error! Main
Document Only.751(a)(3)(A) of the Act
and section 351.213(h)(1) of the
Department’s regulations. However, if
the Department determines that it is not
practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act and section
351.213(h)(2) of the Department’s
regulations allow the Department to
extend the 245-day period to 365 days
and the 120-day period to 180 days.
The Department extended the
deadline for parties to submit case briefs
and rebuttal briefs in order to address
several issues raised by interested
parties. As a result of these extensions
and to allow more time to analyze issues
raised in the case briefs and rebuttal
briefs, the Department has determined
that it is not practicable to complete the
administrative review within the
current time limit.
Section 751(a)(3)(A) of the Act and
section 351.213(h)(2) of the
Department’s regulations allow the
Department to extend the deadline for
the final results of a review to a
maximum of 180 days from the date on
which the notice of the preliminary
results was published. For the reasons
noted above, the Department is
extending the time limit for the
completion of these final results by 30
days, from the current deadline of
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August 2, 2008, until no later than
September 2, 2008.1
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i) of the Act.
Dated: July 8, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–16155 Filed 7–14–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–913]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Affirmative Countervailing
Duty Determination and Final Negative
Determination of Critical
Circumstances
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has reached a final
determination that countervailable
subsidies are being provided to
producers/exporters of certain new
pneumatic off-the-road tires (OTR tires)
from the People’s Republic of China
(PRC). For information on the final
subsidy rates, see the ‘‘Final
Determination’’ section of this notice.
DATES: Effective Date: July 15, 2008.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, Jun Jack Zhao, Nicholas
Czajkowski, or Toni Page, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, Room 7866, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–3148,
(202) 482–1396, (202) 482–1395, or
(202) 482–1398, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Case History
Since the publication of the
preliminary determination in the
Federal Register on December 17, 2007,
the following events have occurred. See
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Preliminary Affirmative
Countervailing Duty Determination, 72
FR 71360 (December 17, 2007)
1 An extension of 30 days from the current
deadline of August 2, 2008, would result in a new
deadline of September 1, 2008. However, since
September 1, 2008, is a federal holiday, the
deadline will be the next business day, September
2, 2008.
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Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
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(Preliminary Determination). At the
request of Petitioners,1 the Department
aligned the final determination in this
countervailing duty investigation with
the final determination in the
companion antidumping duty
investigation. See Certain New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Alignment
of Final Countervailing Duty
Determination With Final Antidumping
Duty Determination, 73 FR 3238
(January 17, 2008).
In the Preliminary Determination, we
invited Petitioners, Bridgestone, and all
of the Respondents 2 to comment on
land use rights. We received comments
from all parties regarding this issue on
January 7, 2008. The Petitioners,
Bridgestone and the Respondents also
submitted factual information and
arguments prior to the final
determination based on various
deadlines for submissions of factual
information and/or arguments
established by the Department
subsequent to the Preliminary
Determination.
On January 9, 2008, the Department
issued supplemental questionnaires to
the GOC, GTC, Starbright, and TUTRIC.
We received responses to our January 9,
2008 supplemental questionnaire from
all Respondents on February 6, 2008.
We issued another supplemental
questionnaire to all respondent parties
on January 25, 2008 for which we
received responses from all
Respondents on February 15, 2008. The
Department issued a supplemental
questionnaire to the GOC on February
13, 2008 for which the GOC filed a
response on February 27, 2008. The
Department issued a supplemental
questionnaire to GTC on February 15,
2008 for which GTC filed a response on
February 28, 2008. The Department also
issued supplemental questionnaires to
TUTRIC and Starbright on February 19,
2008, pursuant to which the companies
filed responses on February 27, 2008.
The Department received requests for
a hearing from the Petitioners,
Bridgestone, the GOC, Starbright, and
GTC on January 9, 2008 and on January
16, 2008 from TUTRIC. The Department
had scheduled the hearing for June 19,
1 Titan Tire Corporation and United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy Allied
Industrial and Service Workers International Union,
AFL-CIO-CLC (collectively, Petitioners). The
domestic interested party is Bridgestone Americas
Holding, Inc. and its subsidiary, Bridgestone
Firestone North America Tire, LLC (collectively,
Bridgestone).
2 The Government of The People’s Republic of
China (GOC), Guizhou Tire Co., Ltd. (GTC), Hebei
Starbright Tire Co., Ltd. (Starbright), and Tianjin
United Tire & Rubber International Co., Ltd.
(TUTRIC) (collectively, Respondents).
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16:42 Jul 14, 2008
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2008; however, on June 16, 2008 the
Department received a letter from
Bridgestone stating that all interested
parties agreed that a hearing was not
necessary. See Letter to the Department,
‘‘New Pneumatic Off-the-Road Tires
From the People’s Republic of China:
Consent Withdrawal of All Hearing
Requests’’ (June 16, 2008), on file in the
Department’s Central Records Unit
(CRU) (Room 1117 in the HCHB
Building).
From March 3 through March 13,
2008, we conducted verification of the
questionnaire responses submitted by
the GOC, including the national,
provincial, and local governments, GTC,
and TUTRIC. The Department issued
verification reports on April 22, 2008
and April 24, 2008. See Memorandum
to Thomas Gilgunn, Program Manager,
Countervailing Duty Investigation: New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Verification
of the Questionnaire Responses
Submitted by the Government of the
People’s Republic of China (GOC) (GOC
Verification Report); Memorandum to
Thomas Gilgunn, Program Manager,
Countervailing Duty Investigation: New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Verification
of the Questionnaire Responses
Submitted by GTC Co., Ltd. (GTC
Verification Report); Memorandum to
Thomas Gilgunn, Program Manager,
Countervailing Duty Investigation: New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Meetings
with the Government of the Guizhou
Province Regarding GTC Co., Ltd. and
Affiliates (Guizhou Province
Verification Report); Memorandum to
Thomas Gilgunn, Program Manager,
Countervailing Duty Investigation: New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Verification
of the Questionnaire Responses
Submitted by Tianjin United Tire &
Rubber International Co., Ltd. (TUTRIC
Verification Report); and Memorandum
to Thomas Gilgunn, Program Manager,
Countervailing Duty Investigation: New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Meetings
with the Government of Tianjin
Municipality Regarding Tianjin United
Tire & Rubber International Co., Ltd.
and Affiliates (Tianjin Government
Verification Report).
On March 7, 2008, the Department
decided not to verify Starbright because
the company had repeatedly declined to
provide requested information. See
Letter to Starbright, Countervailing Duty
Investigation: New Pneumatic Off-theRoad Tires from the People’s Republic
of China (March 7, 2008), on file in the
Department’s CRU. On March 11 and
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March 12, 2008, Starbright and the GOC,
respectively, filed letters objecting to the
Department’s decision. On March 12,
2008, Petitioners and Bridgestone filed
letters stating that the Department
should not verify Starbright. The
Department held several meetings with
Starbright officials and GOC officials.
See Memoranda to the File, ‘‘Ex-parte
Meeting with Representatives of Hebei
Starbright Tire Co., Ltd.’’ (March 11,
2008), ‘‘Meeting with Chinese Ministry
of Commerce Bureau of Fair Trade
Director General Li Ling’’ (March 12,
2008), ‘‘Ex-Parte Meeting with
Representatives of Hebei Starbright Tire
Co., Ltd.’’ (March 24, 2008), on file in
the Department’s CRU.
After evaluating all of the parties’
submissions and arguments on the
matter, the Department stated that it
would conduct a limited verification of
Starbright’s recurring subsidies received
after Starbright’s change in ownership.
See Letter to Starbright, Countervailing
Duty Investigation of New Pneumatic
Off-the-Road Tires from the People’s
Republic of China (March 12, 2008). The
Department then issued the GOC and
Starbright a supplemental questionnaire
providing them a final opportunity to
provide the information previously
requested. See the Department’s
questionnaires to the GOC and
Starbright (March 24, 2008). The
Department stated that it would
reconsider its decision not to verify
Starbright and the local governments
that have jurisdiction over the company
if Starbright and the GOC provided
complete responses to the Department’s
March 24, 2008 questionnaire
concerning Starbright’s change in
ownership. In the cover letter to the
questionnaire, we stated that we needed
the information regarding Starbright’s
purchase of Hebei Tire Co., Ltd. to
analyze fully Starbright’s claim that the
sale at issue was at arm’s length and for
fair market value. The Department
informed Starbright that, if the company
or the GOC decided not to provide the
information requested, the Department
would use facts otherwise available
with possible adverse inferences. See
the Cover Letter of the Department’s
March 24, 2008 Questionnaire to
Starbright. The GOC and Starbright filed
responses to these questionnaires,
respectively, on April 8 and April 9,
2008.
Based on our examination of these
responses, the Department decided to
verify. See Letter to the GOC,
Countervailing Duty Investigation: New
Pneumatic Off-the-Road Tires from the
People’s Republic of China (April 18,
2008) and Letter to Starbright,
Countervailing Duty Investigation: New
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Pneumatic Off-the-Road Tires from the
People’s Republic of China (April 21,
2008) to which the verification outlines
were attached, on file in the
Department’s CRU. The Department
then verified Starbright as well as the
governments of Hebei province and the
city of Xingtai from April 24 through
May 1, 2008. We issued verification
reports on May 13, 2008 and May 14,
2008. See Memorandum to Thomas
Gilgunn, Program Manager,
Countervailing Duty Investigation: New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Meetings
with the Government of Hebei Province
and Xingtai Municipality Regarding
Hebei Starbright Tire Co., Ltd.
(Starbright) and Hebei Tire Co., Ltd.
(Hebei Tire) (Hebei Province
Verification Report) and Memorandum
to Thomas Gilgunn, Program Manager,
Countervailing Duty Investigation: New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Verification
of the Questionnaire Responses
Submitted by Hebei Starbright Tire Co.,
Ltd. (Starbright) (Starbright Verification
Report).
On May 2, 2008, we issued our postpreliminary analysis for certain
programs for which the Department
stated in the Preliminary Determination
additional information was needed. See
Memorandum to David M. Spooner,
Assistant Secretary for Import
Administration, Countervailing Duty
Investigation of New Pneumatic Off-theRoad Tires from the People’s Republic
of China; Post-Preliminary Analysis of
Non-Tradable Share Reform; Provision
of Water to FIEs for Less than Adequate
Remuneration; Grants to the Tire
Industry for Electricity; and Various
Provincial/Municipal Programs (May 2,
2008) (Post-Preliminary Analysis), on
file in the Department’s CRU. The
Department then issued a postpreliminary analysis regarding the
change in ownership for Starbright. See
Memorandum to David M. Spooner,
Assistant Secretary for Import
Administration, Countervailing Duty
Investigation of Certain New Pneumatic
Off-the-Road Tires (OTR Tires) from the
People’s Republic of China; Analysis of
Change in Ownership (May 28, 2008)
(CIO Memorandum).
Due to the decision to conduct
verification of Starbright, the
Department set up two separate briefing
schedules: one for all issues except
Starbright-specific issues and one for
Starbright issues. See Memorandum to
the File, Countervailing Duty
Investigation of Certain New Pneumatic
Off-the-Road Tires from the People’s
Republic of China: Briefing and Hearing
Schedules (April 3, 2008) and
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Memorandum to the File,
Countervailing Duty Investigation of
Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of
China: Briefing and Hearing Schedules
(May 28, 2008). In accordance with the
briefing schedules, we received case
briefs from Petitioners, Bridgestone, the
GOC, GTC, and TUTRIC on May 9 and
12, 2008. The same parties submitted
rebuttal briefs on May 15, 2008. The
Department then received case briefs
regarding Starbright-specific issues on
June 4 and June 5, 2008 from
Petitioners, Bridgestone, the GOC, and
Starbright. On June 6, 2008, the
Department determined that Starbright’s
brief contained untimely new factual
information and requested that
Starbright submit replacement pages
with all references to this information
removed. See Letter to Starbright, New
Factual Information (June 6, 2008).
Starbright submitted replacement pages
without the untimely filed new factual
information on June 9, 2008. Petitioners,
Bridgestone, the GOC, and Starbright
submitted rebuttal briefs pertaining to
Starbright-specific issues on June 9 and
June 10, 2008.
On June 10, 2008, both Bridgestone
and Starbright filed letters with the
Department alleging that the other party
had included new factual information
on the record in both the case briefs and
the rebuttal briefs. On June 13, 2008, the
Department issued a memorandum to
the file addressing all allegations of new
factual information. See Memorandum
to the File, Various Allegations
Concerning Case and Rebuttal Briefs
Regarding Hebei Starbright Tire Co.,
Ltd. (Starbright), on file in the
Department’s CRU. In the June 13, 2008
memorandum, the Department: (1)
Determined that we would not address
Petitioners’ or Bridgestone’s
uncreditworthiness allegation against
Starbright that both raised in their
respective briefs; (2) determined that
information in Starbright’s rebuttal brief
was not new factual information; (3)
determined that information submitted
by Bridgestone in its rebuttal brief was
not new factual information; and (4)
clarified that Bridgestone’s comments
regarding market distortions in its June
9, 2008 rebuttal brief were allowed as
part of the arguments concerning
whether the sale of Hebei Tire was for
fair market value.
Period of Investigation
The period of investigation (POI) for
which we are measuring subsidies is
calendar year 2006.
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Scope of the Investigation
The products covered by the scope of
this investigation are new pneumatic
tires designed for off-the-road (OTR) and
off-highway use, subject to certain
exceptions. In the Preliminary
Determination, we stated that we had
received comments on the scope of the
investigation from a number of parties
and that all comments raised by the
parties would be addressed in the
companion antidumping investigation.
On May 14, 2008, the Department
issued a memorandum regarding the
scope of both the AD and CVD
Investigations on OTR Tires from the
PRC, addressing the scope comments
submitted by multiple interested
parties. See Preliminary Determination:
Comments on the Scope of the
Investigations (Preliminary Scope
Determination).
In the Preliminary Scope
Determination, we made certain
modifications to the scope of the
investigation and invited interested
parties to comment on these
modifications. Interested parties
submitted comments on the Preliminary
Scope Determination on May 22, 2008
and rebuttal comments on May 27,
2008. Based on these comments, we
have made certain clarifications to the
scope of the investigation. These
clarifications, as well as a complete
description of all products covered by
the scope of this investigation, and a list
of excluded products, are reflected in
the Final Scope of the Investigation
which is appended to this notice at
Appendix I.
All comments submitted on the
Preliminary Scope Determination are
addressed in the Scope Comments
section of the Issues and Decision
Memorandum for the Final Affirmative
Countervailing Duty Determination:
Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of
China (Issues and Decision
Memorandum), which is issued
concurrently with this notice.
Critical Circumstances
On March 11, 2008, Petitioners
submitted a timely critical
circumstances allegation. On April 22,
2008, the Department preliminarily
determined that critical circumstances
did not exist for imports of OTR tires
from the PRC. See Notice of Preliminary
Negative Determination of Critical
Circumstances: Certain New Pneumatic
Off-the-Road Tires From the People’s
Republic of China, 73 FR 21588 (April
22, 2008) (Critical Circumstances
Notice). Pursuant to section 705(a)(2) of
the Tariff Act of 1930, as amended (the
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Act), in order for critical circumstances
to exist, the Department must find that
there are countervailable subsidies that
are inconsistent with the World Trade
Organization Agreement on Subsidies
and Countervailing Measures (SCM
Agreement ) (i.e., import substitution
subsidies or export subsidies), and that
there have been massive imports over a
relatively short period (i.e., whether
there was a surge in imports). Based on
our analyses of the results of verification
and the comments submitted by the
parties, we have determined that none
of the respondents have received
subsidies inconsistent with the SCM
Agreement. We therefore need not reach
the issue of whether there have been
massive imports over a relatively short
period of time. Since the requirements
of section 705(a)(2) of the Act have not
been met, we determine that critical
circumstances do not exist with respect
to imports of OTR tires from the PRC.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised by
interested parties in their case briefs and
rebuttal briefs on the Preliminary
Determination, the Post-Preliminary
Analysis, and the CIO Memorandum,
are discussed in the Issues and Decision
Memorandum. A list of the subsidy
programs and of the issues that parties
have raised is attached to this notice as
Appendix II. Parties can find a complete
discussion of all of the subsidy
programs and issues raised in this
investigation and the corresponding
recommendations in this public
memorandum, which is on file in the
Department’s CRU. A complete version
of the Issues and Decision
Memorandum is available at https://
www.trade.gov/ia under the heading
‘‘Federal Register Notices.’’ The paper
copy and the electronic version of the
Issues and Decision Memorandum are
identical in content.
Final Determination
In accordance with section
705(c)(1)(B)(i) of the Act, we determine
the total net countervailable subsidy
rates to be:
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In accordance with section
705(c)(5)(A)(ii) of the Act, we have
calculated the all others rate based on a
weighted average of the three mandatory
respondents’ calculated rates.
Department’s regulations. Failure to
comply is a violation of the APO.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Suspension of Liquidation
In accordance with sections
703(d)(1)(B) and (2) of the Act, we
directed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of OTR tires from the PRC
that were entered, or withdrawn from
warehouse, for consumption on or after
December 17, 2007. In accordance with
section 703(d) of the Act, we instructed
CBP to discontinue the suspension of
liquidation for countervailing duty
purposes for subject merchandise
entered, or withdrawn from warehouse,
on or after April 15, 2008, but to
continue the suspension of liquidation
of all entries from December 17, 2007
through April 14, 2008.
If the ITC issues a final affirmative
determination of injury, we will issue a
countervailing duty order, reinstate
suspension of liquidation under section
706(a) of the Act for all entries, and
require a cash deposit of estimated
countervailing duties for such entries of
merchandise at the rates indicated
above. If the ITC determines that
material injury to, threat of material
injury to, or material retardation of, the
domestic industry does not exist, this
proceeding will be terminated and all
estimated duties deposited or securities
posted as a result of the suspension of
liquidation will be refunded or
canceled.
Dated: July 7, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms it will not disclose such
information, either publicly or under an
administrative protective order (APO),
without the written consent of the
Assistant Secretary for Import
Administration.
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
2.45 negative injury determination, this
notice will serve as the only reminder
14.00 to parties subject to APO of their
responsibility concerning the
destruction of proprietary information
6.85
disclosed under APO in accordance
5.62
with section 351.305(a)(3) of the
Net subsidy
rate
(percent)
Guizhou Tire Co., Ltd. (GTC) ...
Hebei Starbright Tire Co., Ltd.
(Starbright) ............................
Tianjin United Tire & Rubber
International Co., Ltd.
(TUTRIC) ...............................
All-Others ..................................
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Appendix I: Final Scope of the
Investigation
The products covered by the scope are new
pneumatic tires designed for off-the-road
(OTR) and off-highway use, subject to
exceptions identified below. Certain OTR
tires are generally designed, manufactured
and offered for sale for use on off-road or offhighway surfaces, including but not limited
to, agricultural fields, forests, construction
sites, factory and warehouse interiors, airport
tarmacs, ports and harbors, mines, quarries,
gravel yards, and steel mills. The vehicles
and equipment for which certain OTR tires
are designed for use include, but are not
limited to: (1) Agricultural and forestry
vehicles and equipment, including
agricultural tractors,3 combine harvesters,4
agricultural high clearance sprayers,5
industrial tractors,6 log-skidders,7
agricultural implements, highway-towed
implements, agricultural logging, and
agricultural, industrial, skid-steers/miniloaders;8 (2) construction vehicles and
equipment, including earthmover articulated
dump products, rigid frame haul trucks,9
front end loaders,10 dozers,11 lift trucks,
3 Agricultural tractors are dual-axle vehicles that
typically are designed to pull farming equipment in
the field and that may have front tires of a different
size than the rear tires.
4 Combine harvesters are used to harvest crops
such as corn or wheat.
5 Agricultural sprayers are used to irrigate
agricultural fields
6 Industrial tractors are dual-axle vehicles that
typically are designed to pull industrial equipment
and that may have front tires of a different size than
the rear tires.
7 A log-skidder has a grappling lift arm that is
used to grasp, lift and move trees that have been
cut down to a truck or trailer for transport to a mill
or other destination.
8 Skid-steer loaders are four-wheel drive vehicles
with the left-side drive wheels independent of the
right-side drive wheels and lift arms that lie
alongside the driver with the major pivot points
behind the driver’s shoulders. Skid-steer loaders are
used in agricultural, construction and industrial
settings.
9 Haul trucks, which may be either rigid frame or
articulated (i.e., able to bend in the middle) are
typically used in mines, quarries and construction
sites to haul soil, aggregate, mined ore, or debris.
10 Front loaders have lift arms in front of the
vehicle. They can scrape material from one location
to another, carry material in their buckets, or load
material into a truck or trailer.
11 A dozer is a large four-wheeled vehicle with a
dozer blade that is used to push large quantities of
soil, sand, rubble, etc., typically around
construction sites. They can also be used to perform
‘‘rough grading’’ in road construction.
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straddle carriers,12 graders,13 mobile
cranes,14 compactors; and (3) industrial
vehicles and equipment, including smooth
floor, industrial, mining, counterbalanced lift
trucks, industrial and mining vehicles other
than smooth floor, skid-steers/mini-loaders,
and smooth floor off-the-road
counterbalanced lift trucks.15 The foregoing
list of vehicles and equipment generally have
in common that they are used for hauling,
towing, lifting, and/or loading a wide variety
of equipment and materials in agricultural,
construction and industrial settings. Such
vehicles and equipment, and the descriptions
contained in the footnotes are illustrative of
the types of vehicles and equipment that use
certain OTR tires, but are not necessarily allinclusive.
While the physical characteristics of
certain OTR tires will vary depending on the
specific applications and conditions for
which the tires are designed (e.g., tread
pattern and depth), all of the tires within the
scope have in common that they are designed
for off-road and off-highway use. Except as
discussed below, OTR tires included in the
scope of the proceeding range in size (rim
diameter) generally but not exclusively from
8 inches to 54 inches. The tires may be either
tube-type 16 or tubeless, radial or non-radial,
and intended for sale either to original
equipment manufacturers or the replacement
market. The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (‘‘HTSUS’’)
subheadings: 4011.20.10.25, 4011.20.10.35,
4011.20.50.30, 4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00, 4011.69.00.00,
4011.92.00.00, 4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. While
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope is
dispositive.
Specifically excluded from the scope are
new pneumatic tires designed, manufactured
and offered for sale primarily for on-highway
or on-road use, including passenger cars, race
cars, station wagons, sport utility vehicles,
12 A straddle carrier is a rigid frame, enginepowered machine that is used to load and offload
containers from container vessels and load them
onto (or off of) tractor trailers.
13 A grader is a vehicle with a large blade used
to create a flat surface. Graders are typically used
to perform ‘‘finish grading.’’ Graders are commonly
used in maintenance of unpaved roads and road
construction to prepare the base course onto which
asphalt or other paving material will be laid.
14 i.e., ‘‘on-site’’ mobile cranes designed for offhighway use.
15 A counterbalanced lift truck is a rigid framed,
engine-powered machine with lift arms that has
additional weight incorporated into the back of the
machine to offset or counterbalance the weight of
loads that it lifts so as to prevent the vehicle from
overturning. An example of a counterbalanced lift
truck is a counterbalanced fork lift truck.
Counterbalanced lift trucks may be designed for use
on smooth floor surfaces, such as a factory or
warehouse, or other surfaces, such as construction
sites, mines, etc.
16 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).
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15:01 Jul 14, 2008
Jkt 214001
minivans, mobile homes, motorcycles,
bicycles, on-road or on-highway trailers, light
trucks, and trucks and buses. 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
designations that are used by the Tire and
Rim Association:
Prefix letter designations:
• P—Identifies a tire intended primarily
for service on passenger cars;
• LT—Identifies a tire intended primarily
for service on light trucks; 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; and
• MC—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; tires of a
kind designed for use on aircraft, all-terrain
vehicles, and vehicles for turf, lawn and
garden, golf and trailer applications. Also
excluded from the scope are radial and bias
tires of a kind designed for use in mining and
construction vehicles and equipment 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).
Appendix II: Issues and Decision
Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Analysis of Programs
A. Programs Determined To Be
Countervailable
1. Government Provision of Rubber for Less
than Adequate Remuneration.
2. Government Policy Lending
3. Government Debt Forgiveness to
TUTRIC
4. Government Debt Forgiveness and the
Provision of Land to Starbright Pursuant
to Its Change in Ownership
5. Stamp Tax Exemption on Share
Transfers under NTSR
6. Tax Subsidies to FIEs in Specially
Designated Geographic Areas, and Local
Income Tax Exemption and Reduction
Programs for ‘‘Productive’’ FIEs
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
7. VAT and Tariff Exemptions for FIEs and
Certain Domestic Enterprises Using
Imported Equipment in Encouraged
Industries
8. State Key Technology Renovation
Project Fund
B. Programs Determined To Be Not
Countervailable
C. Programs Determined To Not Confer a
Benefit During the POI
D. Programs Determined To Be Not Used
E. Program Determined To Be Terminated
V. Analysis of Comments
A. General Issues including Applicability
of the CVD Law to the PRC, Cut-Off Date,
and Double Remedies
Comment A.1: Application of the CVD Law
to Non-Market Economies, Including the
PRC
Comment A.2: Application of the CVD Law
to the PRC is Consistent With the APA
Comment A.3: Whether Simultaneous
Application of CVD Law in This
Investigation and NME Methodology in
the Parallel Antidumping Investigation
Imposes Double Trade Remedies
Comment A.4: Whether December 11,
2001, is the Appropriate Date From
Which the Department May Measure
Subsidies in the PRC
B. Attribution of Subsidies and CrossOwnership
Comment B.1: Attribution of Subsidies to,
and Cross-Ownership of, TUTRIC/DCB
C. Whether GTC and TUTRIC Are SOEs
Comment C.1: Whether GTC Is an SOE
Comment C.2: Whether TUTRIC Is an SOE
D. Government Provision of Rubber for Less
Than Adequate Remuneration
Comment D.1: Whether the GOC’s
Provision of Rubber Is Specific
Comment D.2: Whether the GOC’s
Provision of Rubber Confers a Financial
Contribution
Comment D.3: GOC Control of the Rubber
Market
Comment D.4: Purchases of SOE-Produced
Rubber Through Private Trading
Companies
Comment D.5: Whether Imported Rubber Is
Countervailable
Comment D.6: Rubber Benchmark
Comment D.7: Adjustments to Rubber
Calculation
E. Government Policy Lending and
Government Debt Forgiveness
Comment E.1: Specificity
Comment E.2: SOCBs and Financial
Contribution
Comment E.3: Role of the GOC in the PRC
Banking System and Whether To Use an
Internal or External Benchmark
Comment E.4: Issues Regarding Building
an External Benchmark
Comment E.5: Whether Government Policy
Lending to GTC Is Countervailable
Comment E.6: Whether There Was a
Financial Contribution to TUTRIC
Comment E.7: Whether TUTRIC’s Loans
From Certain Other Banks Were Forgiven
F. Starbright-Specific Issues
Comment F.1: Due Process
Comment F.2: Application of Total
Adverse Facts Available
Comment F.3: Application of the CIO
Methodology
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Comment F.4: The Arm’s Length Nature of
the Transaction
Comment F.5: The Purchase of Hebei Tire’s
Assets Was for Fair Market Value
Comment F.6: Whether Starbright
Purchased ‘‘Substantially All’’ of Hebei
Tire’s Assets
Comment F.7: Whether the Department
Erred in Finding that Hebei Tire’s NonRecurring Subsidies Pass Through to
Starbright
Comment F.8: Whether Any Benefit Found
by the Department Should Be Limited to
the Difference Between the Appraised
Value and the Value Paid
Comment F.9: Debt Forgiveness—Unpaid
Loans and Other Primary Debt
Comment F.10: Debt Forgiveness—Loan
Guarantee Obligations
Comment F.11: The Countervailability of
Starbright’s Granted Land Use Rights
Comment F.12: The Countervailability of
Starbright’s Land Leased From Local
Villages
Comment F.13: Submission of New Factual
Information
G. Other Countervailable Programs
Comment G.1: Whether Non-Tradeable
Share Reform (NTSR) Is Specific
Comment G.2: Whether GTC Received a
Benefit From the Transfer of Bonus
Shares to Its Tradeable Shareholders
Under NTSR
Comment G.3: Whether GTC Received a
Benefit From the GOC’s Exemption of
Stamp Taxes on Share Transfers Under
NTSR
Comment G.4: Whether GTC Received a
Benefit From the GOC’s Exemption of
Income Taxes on Income Derived Under
NTSR
Comment G.5: FIE Tax Exemptions
Comment G.6: Value Added Tax and Tariff
Exemptions on Imported Equipment
Comment G.7: State Key Technology
Renovation Project Fund
H. Government Provision of Land
Comment H.1: Whether the GOC’s
Provision of Land Is a Financial
Contribution
Comment H.2: Cut-Off Date for Acquisition
of Land-Use Rights
Comment H.3: Whether the GOC’s
Provision of Land Is a Recurring Benefit
Comment H.4: TUTRIC Land
Countervailability
Comment H.5: Whether the GOC’s
Provision of Land to TUTRIC and GTC
Is Specific
Comment H.6: Whether the GOC’s LandUse Rights System Operated on Market
Principles During the POI
Comment H.7: Land Benchmark
I. Not Countervailable Programs
Comment I.1: VAT Export Rebates
J. Scope Comments
Comment J.1: Imported Wheel Mounted
Tires Certifications
Comment J.2: OTR Agricultural Tires,
Including for Highway-Towed
Implements
Comment J.3: Tubes and Flaps
Comment J.4: Earthmoving, Mining, and
Construction Tires
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15:01 Jul 14, 2008
Jkt 214001
VI. Recommendation
[FR Doc. E8–16154 Filed 7–14–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off–The-Road
Tires from the People’s Republic of
China: Final Affirmative Determination
of Sales at Less Than Fair Value and
Partial Affirmative Determination of
Critical Circumstances
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 15, 2008.
SUMMARY: On February 20, 2008, the
Department of Commerce (the
‘‘Department’’) published its
preliminary determination of sales at
less than fair value (‘‘LTFV’’) in the
antidumping investigation of certain
new pneumatic off–the-road tires (‘‘OTR
tires’’) from the People’s Republic of
China (‘‘PRC’’). The period of
investigation (‘‘POI’’) is October 1, 2006,
to March 31, 2007. We invited
interested parties to comment on our
preliminary determination of sales at
LTFV and the post–preliminary
determinations. Based on our analysis of
the comments we received, we have
made changes to our calculations for the
mandatory respondents. We determine
that OTR tires from the PRC are being,
or are likely to be, sold in the United
States at LTFV as provided in section
735 of the Tariff Act of 1930, as
amended (‘‘the Act’’). The estimated
margins of sales at LTFV are shown in
the ‘‘Final Determination Margins’’
section of this notice.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Charles Riggle, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–6412 or (202) 482–
0650, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Case History
The Department published its
preliminary determination of sales at
LTFV on February 20, 2008. See Certain
New Pneumatic Off–The-Road Tires
from the People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value and Postponement
of Final Determination, 73 FR 9278
(February 20, 2008) (‘‘Preliminary
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
40485
Determination’’). The Department
issued a ministerial error allegation
memorandum, in which it agreed to
correct several ministerial errors for the
final determination. See Memorandum
entitled ‘‘Preliminary Determination of
Antidumping Duty Investigation on
Certain New Pneumatic Off–The-Road
Tires from the People’s Republic of
China: Allegations of Ministerial
Errors,’’ dated March 28, 2008
(‘‘Ministerial Error Memo’’). On April
21, 2008, the Department published an
affirmative preliminary determination of
critical circumstances. See Certain New
Pneumatic Off–The-Road Tires from the
People’s Republic of China: Affirmative
Preliminary Determination of Critical
Circumstances, 73 FR 21312, (April 21,
2008), (‘‘Affirmative Preliminary
Determination of Critical
Circumstances’’).
Between March 25 and April 25,
2008, the Department conducted
verifications of Starbright,1 Tianjin
United Tire & Rubber International Co.,
Ltd. (‘‘TUTRIC’’),2 Xugong,3 and
Guizhou Tyre Co., Ltd. (‘‘Guizhou
Tyre’’).4 See the ‘‘Verification’’ section
below for additional information.
On May 14, 2008, the Department
issued a memorandum regarding the
scope of both the AD and CVD
Investigations on OTR Tires from the
PRC, addressing the scope comments
submitted by multiple interested
parties. See Preliminary Determination:
Comments on the Scope of the
Investigations (‘‘Preliminary Scope
Determination’’).
The Department issued a post–
preliminary determination on May 19,
2008, in which it applied a new targeted
dumping methodology. See
Memorandum entitled ‘‘Post–
Preliminary Determinations on Targeted
1 See Verification of the Factors Response of
Hebei Starbright Co., Ltd. in the Antidumping Duty
Investigation of Certain New Pneumatic Off-TheRoad Tires from the People’s Republic of China,
dated May 5, 2008 (‘‘Starbright Verification
Report’’); and Verification of Constructed Export
Sales (‘‘CEP’’) for Hebei Starbright Tire Co., Ltd.
(‘‘Starbright’’) at GPX International Tire Corporation
(‘‘GPX7rdquo;), dated May 15, 2008 (‘‘Starbright
CEP Verification Report’’).
2 See Verification of the Sales and Factors
Response of TUTRIC in the Antidumping
Investigation of Certain New Pneumatic Off-TheRoad Tires from the People’s Republic of China,
dated May 2, 2008 (‘‘TUTRIC Verification Report’’).
3 See Verification of the Sales and Factors
Response of Xuzhou Xugong Tyres Co., Ltd. in the
Antidumping Duty Investigation of Certain New
Pneumatic Off-The-Road Tires from the People’s
Republic of China dated May 12, 2008 (‘‘Xugong
Verification Report’’).
4 See Verification of the Sales and Factors
Response of Guizhou Tyre in the Antidumping
Investigation of Certain New Pneumatic Off-TheRoad Tires from the People’s Republic of China
dated May 9, 2008 (‘‘Guizhou Tyre Verification
Report’’).
E:\FR\FM\15JYN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40480-40485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16154]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-913]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Affirmative Countervailing Duty Determination
and Final Negative Determination of Critical Circumstances
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has reached a
final determination that countervailable subsidies are being provided
to producers/exporters of certain new pneumatic off-the-road tires (OTR
tires) from the People's Republic of China (PRC). For information on
the final subsidy rates, see the ``Final Determination'' section of
this notice.
DATES: Effective Date: July 15, 2008.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, Jun Jack Zhao, Nicholas
Czajkowski, or Toni Page, AD/CVD Operations, Office 6, Import
Administration, International Trade Administration, U.S. Department of
Commerce, Room 7866, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-3148, (202) 482-1396, (202)
482-1395, or (202) 482-1398, respectively.
SUPPLEMENTARY INFORMATION:
Case History
Since the publication of the preliminary determination in the
Federal Register on December 17, 2007, the following events have
occurred. See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Preliminary Affirmative Countervailing Duty
Determination, 72 FR 71360 (December 17, 2007)
[[Page 40481]]
(Preliminary Determination). At the request of Petitioners,\1\ the
Department aligned the final determination in this countervailing duty
investigation with the final determination in the companion antidumping
duty investigation. See Certain New Pneumatic Off-the-Road Tires from
the People's Republic of China: Alignment of Final Countervailing Duty
Determination With Final Antidumping Duty Determination, 73 FR 3238
(January 17, 2008).
---------------------------------------------------------------------------
\1\ Titan Tire Corporation and United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy Allied Industrial and Service Workers
International Union, AFL-CIO-CLC (collectively, Petitioners). The
domestic interested party is Bridgestone Americas Holding, Inc. and
its subsidiary, Bridgestone Firestone North America Tire, LLC
(collectively, Bridgestone).
---------------------------------------------------------------------------
In the Preliminary Determination, we invited Petitioners,
Bridgestone, and all of the Respondents \2\ to comment on land use
rights. We received comments from all parties regarding this issue on
January 7, 2008. The Petitioners, Bridgestone and the Respondents also
submitted factual information and arguments prior to the final
determination based on various deadlines for submissions of factual
information and/or arguments established by the Department subsequent
to the Preliminary Determination.
---------------------------------------------------------------------------
\2\ The Government of The People's Republic of China (GOC),
Guizhou Tire Co., Ltd. (GTC), Hebei Starbright Tire Co., Ltd.
(Starbright), and Tianjin United Tire & Rubber International Co.,
Ltd. (TUTRIC) (collectively, Respondents).
---------------------------------------------------------------------------
On January 9, 2008, the Department issued supplemental
questionnaires to the GOC, GTC, Starbright, and TUTRIC. We received
responses to our January 9, 2008 supplemental questionnaire from all
Respondents on February 6, 2008. We issued another supplemental
questionnaire to all respondent parties on January 25, 2008 for which
we received responses from all Respondents on February 15, 2008. The
Department issued a supplemental questionnaire to the GOC on February
13, 2008 for which the GOC filed a response on February 27, 2008. The
Department issued a supplemental questionnaire to GTC on February 15,
2008 for which GTC filed a response on February 28, 2008. The
Department also issued supplemental questionnaires to TUTRIC and
Starbright on February 19, 2008, pursuant to which the companies filed
responses on February 27, 2008.
The Department received requests for a hearing from the
Petitioners, Bridgestone, the GOC, Starbright, and GTC on January 9,
2008 and on January 16, 2008 from TUTRIC. The Department had scheduled
the hearing for June 19, 2008; however, on June 16, 2008 the Department
received a letter from Bridgestone stating that all interested parties
agreed that a hearing was not necessary. See Letter to the Department,
``New Pneumatic Off-the-Road Tires From the People's Republic of China:
Consent Withdrawal of All Hearing Requests'' (June 16, 2008), on file
in the Department's Central Records Unit (CRU) (Room 1117 in the HCHB
Building).
From March 3 through March 13, 2008, we conducted verification of
the questionnaire responses submitted by the GOC, including the
national, provincial, and local governments, GTC, and TUTRIC. The
Department issued verification reports on April 22, 2008 and April 24,
2008. See Memorandum to Thomas Gilgunn, Program Manager, Countervailing
Duty Investigation: New Pneumatic Off-the-Road Tires from the People's
Republic of China: Verification of the Questionnaire Responses
Submitted by the Government of the People's Republic of China (GOC)
(GOC Verification Report); Memorandum to Thomas Gilgunn, Program
Manager, Countervailing Duty Investigation: New Pneumatic Off-the-Road
Tires from the People's Republic of China: Verification of the
Questionnaire Responses Submitted by GTC Co., Ltd. (GTC Verification
Report); Memorandum to Thomas Gilgunn, Program Manager, Countervailing
Duty Investigation: New Pneumatic Off-the-Road Tires from the People's
Republic of China: Meetings with the Government of the Guizhou Province
Regarding GTC Co., Ltd. and Affiliates (Guizhou Province Verification
Report); Memorandum to Thomas Gilgunn, Program Manager, Countervailing
Duty Investigation: New Pneumatic Off-the-Road Tires from the People's
Republic of China: Verification of the Questionnaire Responses
Submitted by Tianjin United Tire & Rubber International Co., Ltd.
(TUTRIC Verification Report); and Memorandum to Thomas Gilgunn, Program
Manager, Countervailing Duty Investigation: New Pneumatic Off-the-Road
Tires from the People's Republic of China: Meetings with the Government
of Tianjin Municipality Regarding Tianjin United Tire & Rubber
International Co., Ltd. and Affiliates (Tianjin Government Verification
Report).
On March 7, 2008, the Department decided not to verify Starbright
because the company had repeatedly declined to provide requested
information. See Letter to Starbright, Countervailing Duty
Investigation: New Pneumatic Off-the-Road Tires from the People's
Republic of China (March 7, 2008), on file in the Department's CRU. On
March 11 and March 12, 2008, Starbright and the GOC, respectively,
filed letters objecting to the Department's decision. On March 12,
2008, Petitioners and Bridgestone filed letters stating that the
Department should not verify Starbright. The Department held several
meetings with Starbright officials and GOC officials. See Memoranda to
the File, ``Ex-parte Meeting with Representatives of Hebei Starbright
Tire Co., Ltd.'' (March 11, 2008), ``Meeting with Chinese Ministry of
Commerce Bureau of Fair Trade Director General Li Ling'' (March 12,
2008), ``Ex-Parte Meeting with Representatives of Hebei Starbright Tire
Co., Ltd.'' (March 24, 2008), on file in the Department's CRU.
After evaluating all of the parties' submissions and arguments on
the matter, the Department stated that it would conduct a limited
verification of Starbright's recurring subsidies received after
Starbright's change in ownership. See Letter to Starbright,
Countervailing Duty Investigation of New Pneumatic Off-the-Road Tires
from the People's Republic of China (March 12, 2008). The Department
then issued the GOC and Starbright a supplemental questionnaire
providing them a final opportunity to provide the information
previously requested. See the Department's questionnaires to the GOC
and Starbright (March 24, 2008). The Department stated that it would
reconsider its decision not to verify Starbright and the local
governments that have jurisdiction over the company if Starbright and
the GOC provided complete responses to the Department's March 24, 2008
questionnaire concerning Starbright's change in ownership. In the cover
letter to the questionnaire, we stated that we needed the information
regarding Starbright's purchase of Hebei Tire Co., Ltd. to analyze
fully Starbright's claim that the sale at issue was at arm's length and
for fair market value. The Department informed Starbright that, if the
company or the GOC decided not to provide the information requested,
the Department would use facts otherwise available with possible
adverse inferences. See the Cover Letter of the Department's March 24,
2008 Questionnaire to Starbright. The GOC and Starbright filed
responses to these questionnaires, respectively, on April 8 and April
9, 2008.
Based on our examination of these responses, the Department decided
to verify. See Letter to the GOC, Countervailing Duty Investigation:
New Pneumatic Off-the-Road Tires from the People's Republic of China
(April 18, 2008) and Letter to Starbright, Countervailing Duty
Investigation: New
[[Page 40482]]
Pneumatic Off-the-Road Tires from the People's Republic of China (April
21, 2008) to which the verification outlines were attached, on file in
the Department's CRU. The Department then verified Starbright as well
as the governments of Hebei province and the city of Xingtai from April
24 through May 1, 2008. We issued verification reports on May 13, 2008
and May 14, 2008. See Memorandum to Thomas Gilgunn, Program Manager,
Countervailing Duty Investigation: New Pneumatic Off-the-Road Tires
from the People's Republic of China: Meetings with the Government of
Hebei Province and Xingtai Municipality Regarding Hebei Starbright Tire
Co., Ltd. (Starbright) and Hebei Tire Co., Ltd. (Hebei Tire) (Hebei
Province Verification Report) and Memorandum to Thomas Gilgunn, Program
Manager, Countervailing Duty Investigation: New Pneumatic Off-the-Road
Tires from the People's Republic of China: Verification of the
Questionnaire Responses Submitted by Hebei Starbright Tire Co., Ltd.
(Starbright) (Starbright Verification Report).
On May 2, 2008, we issued our post-preliminary analysis for certain
programs for which the Department stated in the Preliminary
Determination additional information was needed. See Memorandum to
David M. Spooner, Assistant Secretary for Import Administration,
Countervailing Duty Investigation of New Pneumatic Off-the-Road Tires
from the People's Republic of China; Post-Preliminary Analysis of Non-
Tradable Share Reform; Provision of Water to FIEs for Less than
Adequate Remuneration; Grants to the Tire Industry for Electricity; and
Various Provincial/Municipal Programs (May 2, 2008) (Post-Preliminary
Analysis), on file in the Department's CRU. The Department then issued
a post-preliminary analysis regarding the change in ownership for
Starbright. See Memorandum to David M. Spooner, Assistant Secretary for
Import Administration, Countervailing Duty Investigation of Certain New
Pneumatic Off-the-Road Tires (OTR Tires) from the People's Republic of
China; Analysis of Change in Ownership (May 28, 2008) (CIO Memorandum).
Due to the decision to conduct verification of Starbright, the
Department set up two separate briefing schedules: one for all issues
except Starbright-specific issues and one for Starbright issues. See
Memorandum to the File, Countervailing Duty Investigation of Certain
New Pneumatic Off-the-Road Tires from the People's Republic of China:
Briefing and Hearing Schedules (April 3, 2008) and Memorandum to the
File, Countervailing Duty Investigation of Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China: Briefing and
Hearing Schedules (May 28, 2008). In accordance with the briefing
schedules, we received case briefs from Petitioners, Bridgestone, the
GOC, GTC, and TUTRIC on May 9 and 12, 2008. The same parties submitted
rebuttal briefs on May 15, 2008. The Department then received case
briefs regarding Starbright-specific issues on June 4 and June 5, 2008
from Petitioners, Bridgestone, the GOC, and Starbright. On June 6,
2008, the Department determined that Starbright's brief contained
untimely new factual information and requested that Starbright submit
replacement pages with all references to this information removed. See
Letter to Starbright, New Factual Information (June 6, 2008).
Starbright submitted replacement pages without the untimely filed new
factual information on June 9, 2008. Petitioners, Bridgestone, the GOC,
and Starbright submitted rebuttal briefs pertaining to Starbright-
specific issues on June 9 and June 10, 2008.
On June 10, 2008, both Bridgestone and Starbright filed letters
with the Department alleging that the other party had included new
factual information on the record in both the case briefs and the
rebuttal briefs. On June 13, 2008, the Department issued a memorandum
to the file addressing all allegations of new factual information. See
Memorandum to the File, Various Allegations Concerning Case and
Rebuttal Briefs Regarding Hebei Starbright Tire Co., Ltd. (Starbright),
on file in the Department's CRU. In the June 13, 2008 memorandum, the
Department: (1) Determined that we would not address Petitioners' or
Bridgestone's uncreditworthiness allegation against Starbright that
both raised in their respective briefs; (2) determined that information
in Starbright's rebuttal brief was not new factual information; (3)
determined that information submitted by Bridgestone in its rebuttal
brief was not new factual information; and (4) clarified that
Bridgestone's comments regarding market distortions in its June 9, 2008
rebuttal brief were allowed as part of the arguments concerning whether
the sale of Hebei Tire was for fair market value.
Period of Investigation
The period of investigation (POI) for which we are measuring
subsidies is calendar year 2006.
Scope of the Investigation
The products covered by the scope of this investigation are new
pneumatic tires designed for off-the-road (OTR) and off-highway use,
subject to certain exceptions. In the Preliminary Determination, we
stated that we had received comments on the scope of the investigation
from a number of parties and that all comments raised by the parties
would be addressed in the companion antidumping investigation. On May
14, 2008, the Department issued a memorandum regarding the scope of
both the AD and CVD Investigations on OTR Tires from the PRC,
addressing the scope comments submitted by multiple interested parties.
See Preliminary Determination: Comments on the Scope of the
Investigations (Preliminary Scope Determination).
In the Preliminary Scope Determination, we made certain
modifications to the scope of the investigation and invited interested
parties to comment on these modifications. Interested parties submitted
comments on the Preliminary Scope Determination on May 22, 2008 and
rebuttal comments on May 27, 2008. Based on these comments, we have
made certain clarifications to the scope of the investigation. These
clarifications, as well as a complete description of all products
covered by the scope of this investigation, and a list of excluded
products, are reflected in the Final Scope of the Investigation which
is appended to this notice at Appendix I.
All comments submitted on the Preliminary Scope Determination are
addressed in the Scope Comments section of the Issues and Decision
Memorandum for the Final Affirmative Countervailing Duty Determination:
Certain New Pneumatic Off-the-Road Tires from the People's Republic of
China (Issues and Decision Memorandum), which is issued concurrently
with this notice.
Critical Circumstances
On March 11, 2008, Petitioners submitted a timely critical
circumstances allegation. On April 22, 2008, the Department
preliminarily determined that critical circumstances did not exist for
imports of OTR tires from the PRC. See Notice of Preliminary Negative
Determination of Critical Circumstances: Certain New Pneumatic Off-the-
Road Tires From the People's Republic of China, 73 FR 21588 (April 22,
2008) (Critical Circumstances Notice). Pursuant to section 705(a)(2) of
the Tariff Act of 1930, as amended (the
[[Page 40483]]
Act), in order for critical circumstances to exist, the Department must
find that there are countervailable subsidies that are inconsistent
with the World Trade Organization Agreement on Subsidies and
Countervailing Measures (SCM Agreement ) (i.e., import substitution
subsidies or export subsidies), and that there have been massive
imports over a relatively short period (i.e., whether there was a surge
in imports). Based on our analyses of the results of verification and
the comments submitted by the parties, we have determined that none of
the respondents have received subsidies inconsistent with the SCM
Agreement. We therefore need not reach the issue of whether there have
been massive imports over a relatively short period of time. Since the
requirements of section 705(a)(2) of the Act have not been met, we
determine that critical circumstances do not exist with respect to
imports of OTR tires from the PRC.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised by
interested parties in their case briefs and rebuttal briefs on the
Preliminary Determination, the Post-Preliminary Analysis, and the CIO
Memorandum, are discussed in the Issues and Decision Memorandum. A list
of the subsidy programs and of the issues that parties have raised is
attached to this notice as Appendix II. Parties can find a complete
discussion of all of the subsidy programs and issues raised in this
investigation and the corresponding recommendations in this public
memorandum, which is on file in the Department's CRU. A complete
version of the Issues and Decision Memorandum is available at https://
www.trade.gov/ia under the heading ``Federal Register Notices.'' The
paper copy and the electronic version of the Issues and Decision
Memorandum are identical in content.
Final Determination
In accordance with section 705(c)(1)(B)(i) of the Act, we determine
the total net countervailable subsidy rates to be:
------------------------------------------------------------------------
Net subsidy
Producer/Exporter rate
(percent)
------------------------------------------------------------------------
Guizhou Tire Co., Ltd. (GTC)............................... 2.45
Hebei Starbright Tire Co., Ltd. (Starbright)............... 14.00
Tianjin United Tire & Rubber International Co., Ltd. 6.85
(TUTRIC)..................................................
All-Others................................................. 5.62
------------------------------------------------------------------------
In accordance with section 705(c)(5)(A)(ii) of the Act, we have
calculated the all others rate based on a weighted average of the three
mandatory respondents' calculated rates.
Suspension of Liquidation
In accordance with sections 703(d)(1)(B) and (2) of the Act, we
directed U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of OTR tires from the PRC that were entered,
or withdrawn from warehouse, for consumption on or after December 17,
2007. In accordance with section 703(d) of the Act, we instructed CBP
to discontinue the suspension of liquidation for countervailing duty
purposes for subject merchandise entered, or withdrawn from warehouse,
on or after April 15, 2008, but to continue the suspension of
liquidation of all entries from December 17, 2007 through April 14,
2008.
If the ITC issues a final affirmative determination of injury, we
will issue a countervailing duty order, reinstate suspension of
liquidation under section 706(a) of the Act for all entries, and
require a cash deposit of estimated countervailing duties for such
entries of merchandise at the rates indicated above. If the ITC
determines that material injury to, threat of material injury to, or
material retardation of, the domestic industry does not exist, this
proceeding will be terminated and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with section
351.305(a)(3) of the Department's regulations. Failure to comply is a
violation of the APO.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: July 7, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I: Final Scope of the Investigation
The products covered by the scope are new pneumatic tires
designed for off-the-road (OTR) and off-highway use, subject to
exceptions identified below. Certain OTR tires are generally
designed, manufactured and offered for sale for use on off-road or
off-highway surfaces, including but not limited to, agricultural
fields, forests, construction sites, factory and warehouse
interiors, airport tarmacs, ports and harbors, mines, quarries,
gravel yards, and steel mills. The vehicles and equipment for which
certain OTR tires are designed for use include, but are not limited
to: (1) Agricultural and forestry vehicles and equipment, including
agricultural tractors,\3\ combine harvesters,\4\ agricultural high
clearance sprayers,\5\ industrial tractors,\6\ log-skidders,\7\
agricultural implements, highway-towed implements, agricultural
logging, and agricultural, industrial, skid-steers/mini-loaders;\8\
(2) construction vehicles and equipment, including earthmover
articulated dump products, rigid frame haul trucks,\9\ front end
loaders,\10\ dozers,\11\ lift trucks,
[[Page 40484]]
straddle carriers,\12\ graders,\13\ mobile cranes,\14\ compactors;
and (3) industrial vehicles and equipment, including smooth floor,
industrial, mining, counterbalanced lift trucks, industrial and
mining vehicles other than smooth floor, skid-steers/mini-loaders,
and smooth floor off-the-road counterbalanced lift trucks.\15\ The
foregoing list of vehicles and equipment generally have in common
that they are used for hauling, towing, lifting, and/or loading a
wide variety of equipment and materials in agricultural,
construction and industrial settings. Such vehicles and equipment,
and the descriptions contained in the footnotes are illustrative of
the types of vehicles and equipment that use certain OTR tires, but
are not necessarily all-inclusive.
---------------------------------------------------------------------------
\3\ Agricultural tractors are dual-axle vehicles that typically
are designed to pull farming equipment in the field and that may
have front tires of a different size than the rear tires.
\4\ Combine harvesters are used to harvest crops such as corn or
wheat.
\5\ Agricultural sprayers are used to irrigate agricultural
fields
\6\ Industrial tractors are dual-axle vehicles that typically
are designed to pull industrial equipment and that may have front
tires of a different size than the rear tires.
\7\ A log-skidder has a grappling lift arm that is used to
grasp, lift and move trees that have been cut down to a truck or
trailer for transport to a mill or other destination.
\8\ Skid-steer loaders are four-wheel drive vehicles with the
left-side drive wheels independent of the right-side drive wheels
and lift arms that lie alongside the driver with the major pivot
points behind the driver's shoulders. Skid-steer loaders are used in
agricultural, construction and industrial settings.
\9\ Haul trucks, which may be either rigid frame or articulated
(i.e., able to bend in the middle) are typically used in mines,
quarries and construction sites to haul soil, aggregate, mined ore,
or debris.
\10\ Front loaders have lift arms in front of the vehicle. They
can scrape material from one location to another, carry material in
their buckets, or load material into a truck or trailer.
\11\ A dozer is a large four-wheeled vehicle with a dozer blade
that is used to push large quantities of soil, sand, rubble, etc.,
typically around construction sites. They can also be used to
perform ``rough grading'' in road construction.
\12\ A straddle carrier is a rigid frame, engine-powered machine
that is used to load and offload containers from container vessels
and load them onto (or off of) tractor trailers.
\13\ A grader is a vehicle with a large blade used to create a
flat surface. Graders are typically used to perform ``finish
grading.'' Graders are commonly used in maintenance of unpaved roads
and road construction to prepare the base course onto which asphalt
or other paving material will be laid.
\14\ i.e., ``on-site'' mobile cranes designed for off-highway
use.
\15\ A counterbalanced lift truck is a rigid framed, engine-
powered machine with lift arms that has additional weight
incorporated into the back of the machine to offset or
counterbalance the weight of loads that it lifts so as to prevent
the vehicle from overturning. An example of a counterbalanced lift
truck is a counterbalanced fork lift truck. Counterbalanced lift
trucks may be designed for use on smooth floor surfaces, such as a
factory or warehouse, or other surfaces, such as construction sites,
mines, etc.
---------------------------------------------------------------------------
While the physical characteristics of certain OTR tires will
vary depending on the specific applications and conditions for which
the tires are designed (e.g., tread pattern and depth), all of the
tires within the scope have in common that they are designed for
off-road and off-highway use. Except as discussed below, OTR tires
included in the scope of the proceeding range in size (rim diameter)
generally but not exclusively from 8 inches to 54 inches. The tires
may be either tube-type \16\ or tubeless, radial or non-radial, and
intended for sale either to original equipment manufacturers or the
replacement market. The subject merchandise is currently
classifiable under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings: 4011.20.10.25, 4011.20.10.35,
4011.20.50.30, 4011.20.50.50, 4011.61.00.00, 4011.62.00.00,
4011.63.00.00, 4011.69.00.00, 4011.92.00.00, 4011.93.40.00,
4011.93.80.00, 4011.94.40.00, and 4011.94.80.00. While HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope is dispositive.
---------------------------------------------------------------------------
\16\ 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).
---------------------------------------------------------------------------
Specifically excluded from the scope are new pneumatic tires
designed, manufactured and offered for sale primarily for on-highway
or on-road use, including passenger cars, race cars, station wagons,
sport utility vehicles, minivans, mobile homes, motorcycles,
bicycles, on-road or on-highway trailers, light trucks, and trucks
and buses. 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 designations that are used by the
Tire and Rim Association:
Prefix letter designations:
P--Identifies a tire intended primarily for service on
passenger cars;
LT--Identifies a tire intended primarily for service on
light trucks; 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; and
MC--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; tires of a kind designed for use on aircraft, all-terrain
vehicles, and vehicles for turf, lawn and garden, golf and trailer
applications. Also excluded from the scope are radial and bias tires
of a kind designed for use in mining and construction vehicles and
equipment 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).
Appendix II: Issues and Decision Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Analysis of Programs
A. Programs Determined To Be Countervailable
1. Government Provision of Rubber for Less than Adequate
Remuneration.
2. Government Policy Lending
3. Government Debt Forgiveness to TUTRIC
4. Government Debt Forgiveness and the Provision of Land to
Starbright Pursuant to Its Change in Ownership
5. Stamp Tax Exemption on Share Transfers under NTSR
6. Tax Subsidies to FIEs in Specially Designated Geographic
Areas, and Local Income Tax Exemption and Reduction Programs for
``Productive'' FIEs
7. VAT and Tariff Exemptions for FIEs and Certain Domestic
Enterprises Using Imported Equipment in Encouraged Industries
8. State Key Technology Renovation Project Fund
B. Programs Determined To Be Not Countervailable
C. Programs Determined To Not Confer a Benefit During the POI
D. Programs Determined To Be Not Used
E. Program Determined To Be Terminated
V. Analysis of Comments
A. General Issues including Applicability of the CVD Law to the
PRC, Cut-Off Date, and Double Remedies
Comment A.1: Application of the CVD Law to Non-Market Economies,
Including the PRC
Comment A.2: Application of the CVD Law to the PRC is Consistent
With the APA
Comment A.3: Whether Simultaneous Application of CVD Law in This
Investigation and NME Methodology in the Parallel Antidumping
Investigation Imposes Double Trade Remedies
Comment A.4: Whether December 11, 2001, is the Appropriate Date
From Which the Department May Measure Subsidies in the PRC
B. Attribution of Subsidies and Cross-Ownership
Comment B.1: Attribution of Subsidies to, and Cross-Ownership
of, TUTRIC/DCB
C. Whether GTC and TUTRIC Are SOEs
Comment C.1: Whether GTC Is an SOE
Comment C.2: Whether TUTRIC Is an SOE
D. Government Provision of Rubber for Less Than Adequate
Remuneration
Comment D.1: Whether the GOC's Provision of Rubber Is Specific
Comment D.2: Whether the GOC's Provision of Rubber Confers a
Financial Contribution
Comment D.3: GOC Control of the Rubber Market
Comment D.4: Purchases of SOE-Produced Rubber Through Private
Trading Companies
Comment D.5: Whether Imported Rubber Is Countervailable
Comment D.6: Rubber Benchmark
Comment D.7: Adjustments to Rubber Calculation
E. Government Policy Lending and Government Debt Forgiveness
Comment E.1: Specificity
Comment E.2: SOCBs and Financial Contribution
Comment E.3: Role of the GOC in the PRC Banking System and
Whether To Use an Internal or External Benchmark
Comment E.4: Issues Regarding Building an External Benchmark
Comment E.5: Whether Government Policy Lending to GTC Is
Countervailable
Comment E.6: Whether There Was a Financial Contribution to
TUTRIC
Comment E.7: Whether TUTRIC's Loans From Certain Other Banks
Were Forgiven
F. Starbright-Specific Issues
Comment F.1: Due Process
Comment F.2: Application of Total Adverse Facts Available
Comment F.3: Application of the CIO Methodology
[[Page 40485]]
Comment F.4: The Arm's Length Nature of the Transaction
Comment F.5: The Purchase of Hebei Tire's Assets Was for Fair
Market Value
Comment F.6: Whether Starbright Purchased ``Substantially All''
of Hebei Tire's Assets
Comment F.7: Whether the Department Erred in Finding that Hebei
Tire's Non-Recurring Subsidies Pass Through to Starbright
Comment F.8: Whether Any Benefit Found by the Department Should
Be Limited to the Difference Between the Appraised Value and the
Value Paid
Comment F.9: Debt Forgiveness--Unpaid Loans and Other Primary
Debt
Comment F.10: Debt Forgiveness--Loan Guarantee Obligations
Comment F.11: The Countervailability of Starbright's Granted
Land Use Rights
Comment F.12: The Countervailability of Starbright's Land Leased
From Local Villages
Comment F.13: Submission of New Factual Information
G. Other Countervailable Programs
Comment G.1: Whether Non-Tradeable Share Reform (NTSR) Is
Specific
Comment G.2: Whether GTC Received a Benefit From the Transfer of
Bonus Shares to Its Tradeable Shareholders Under NTSR
Comment G.3: Whether GTC Received a Benefit From the GOC's
Exemption of Stamp Taxes on Share Transfers Under NTSR
Comment G.4: Whether GTC Received a Benefit From the GOC's
Exemption of Income Taxes on Income Derived Under NTSR
Comment G.5: FIE Tax Exemptions
Comment G.6: Value Added Tax and Tariff Exemptions on Imported
Equipment
Comment G.7: State Key Technology Renovation Project Fund
H. Government Provision of Land
Comment H.1: Whether the GOC's Provision of Land Is a Financial
Contribution
Comment H.2: Cut-Off Date for Acquisition of Land-Use Rights
Comment H.3: Whether the GOC's Provision of Land Is a Recurring
Benefit
Comment H.4: TUTRIC Land Countervailability
Comment H.5: Whether the GOC's Provision of Land to TUTRIC and
GTC Is Specific
Comment H.6: Whether the GOC's Land-Use Rights System Operated
on Market Principles During the POI
Comment H.7: Land Benchmark
I. Not Countervailable Programs
Comment I.1: VAT Export Rebates
J. Scope Comments
Comment J.1: Imported Wheel Mounted Tires Certifications
Comment J.2: OTR Agricultural Tires, Including for Highway-Towed
Implements
Comment J.3: Tubes and Flaps
Comment J.4: Earthmoving, Mining, and Construction Tires
VI. Recommendation
[FR Doc. E8-16154 Filed 7-14-08; 8:45 am]
BILLING CODE 3510-DS-P
