Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 51624-51627 [E8-20569]

Download as PDF 51624 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices subsidized imports from the PRC. The ITC also determined that critical circumstances do not exist for the PRC. DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less Than Fair Value and Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: September 4, 2008. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty order on certain new pneumatic off-the-road tires (‘‘OTR tires’’) from the People’s Republic of China (‘‘PRC’’). On August 28, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry and its negative determination of critical circumstances. See Certain Off-The-Road Tires from China , USITC Pub. 4031, Inv. Nos. 701– TA–448 and 731–TA–1117 (Final) (August 2008). 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: sroberts on PROD1PC77 with NOTICES Case History On July 15, 2008, the Department published its final determination of sales at less than fair value (‘‘LTFV’’) in the antidumping investigation of certain new pneumatic OTR tires from the PRC. See Certain New Pneumatic Off-TheRoad 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, 73 FR 40485 (July 15, 2008) (‘‘Final Determination’’). On August, 28, 2008, the ITC notified the Department of its final determination pursuant to sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), that an industry in the United States is materially injured by reason of LTFV imports of subject merchandise from the PRC and by reason of VerDate Aug<31>2005 18:46 Sep 03, 2008 Jkt 214001 Scope of the Order The products covered by the order are new pneumatic tires designed for offthe-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,1 combine harvesters,2 agricultural high clearance sprayers,3 industrial tractors,4 log-skidders,5 agricultural implements, highwaytowed implements, agricultural logging, and agricultural, industrial, skid-steers/ mini-loaders; 6 (2) construction vehicles and equipment, including earthmover articulated dump products, rigid frame haul trucks,7 front end loaders,8 dozers,9 lift trucks, straddle carriers,10 graders,11 1 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. 2 Combine harvesters are used to harvest crops such as corn or wheat. 3 Agricultural sprayers are used to irrigate agricultural fields. 4 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. 5 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. 6 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. 7 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. 8 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. 9 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. 10 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. 11 A grader is a vehicle with a large blade used to create a flat surface. Graders are typically used PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 mobile cranes,12 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/miniloaders, and smooth floor off-the-road counterbalanced lift trucks.13 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. 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 offroad and off-highway use. Except as discussed below, OTR tires included in the scope of the order range in size (rim diameter) generally but not exclusively from 8 inches to 54 inches. The tires may be either tube-type 14 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 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. 12 I.e., ‘‘on-site’’ mobile cranes designed for offhighway use. 13 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. 14 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). E:\FR\FM\04SEN1.SGM 04SEN1 51625 sroberts on PROD1PC77 with NOTICES Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 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, 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). VerDate Aug<31>2005 18:46 Sep 03, 2008 Jkt 214001 Amendment to the Final Determination Original final margin (percent) Amended final margin (percent) 19.15 8.09 4.08 0.00 29.93 8.44 5.25 *0.00 In accordance with sections 735(d) and 771(i)(1) of the Act, on July 15, 2008, the Department published its notice of final determination of sales at LTFV in the investigation of certain new pneumatic OTR tires from the PRC. See Final Determination, 73 FR 40485, and corresponding ‘‘Issues and Decision Memorandum’’ (July 7, 2008). On July 16, 2008, Titan Tire Corporation, a subsidiary of Titan International, Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO– CLC (collectively, ‘‘Petitioners’’), Bridgestone Holding, Inc. and its subsidiary, Bridgestone Firestone North American Tire, LLC (‘‘Bridgestone’’), a domestic producer, as well as mandatory respondents Hebei Starbright Co., Ltd. (‘‘Starbright’’), Tianjin United Rubber International Co., Ltd. (‘‘TUTRIC’’), and Xuzhou Xugong Tyres Co., Ltd. (‘‘Xugong’’) submitted timely ministerial error allegations with respect to the Final Determination. On July 21, 2008, Petitioners, Bridgestone and Xugong submitted rebuttal comments to Petitioners’, Xugong’s, and Bridgestone’s ministerial error submissions, respectively. In accordance with 19 CFR 351.224(b), on August 15, 2008, the Department issued its Ministerial Error Correction Memo15 addressing the parties’ ministerial error allegations. As discussed in the memorandum, the Department accepted some of the allegations as ministerial errors and stated that it would make those corrections by amending the Final Determination. The Department also disclosed the details of its calculation of the amended final dumping margins to all parties in this investigation (i.e., Petitioners, Bridgestone, and mandatory respondents) on August 15, 2008. On August 21, 2008, Bridgestone submitted a ministerial error allegation with respect to the Ministerial Error Correction Memo. After analyzing all interested party comments and rebuttals, we have determined, in accordance with 19 CFR 351.224(e), that we made ministerial errors in our calculations performed for the final determination. As a result, the dumping margins have been amended as follows: For detailed discussions of the ministerial error allegations, as well as the Department’s analysis, see the memoranda regarding ‘‘Final Determination of Antidumping Investigation on Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Allegations of Ministerial Errors’’ (August 14, 2008) and ‘‘Amended Final Determination of Antidumping Investigation on Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Allegation of Ministerial Error’’ (August 28, 2008), and the company-specific amended final analysis memoranda: Analysis Memorandum for the Amended Final Determination: Guizhou Tyre Co. Ltd. and its affiliates (collectively, ‘‘Guizhou Tyre’’); Analysis Memorandum for the Amended Final Determination: Hebei Starbright Tire Co. Ltd.; Analysis Memorandum for the Amended Final Determination: Tianjin United Tire & Rubber International Co. Ltd.; and, Analysis Memorandum for the Final Determination: Xuzhou Xugong Tyres Co., Ltd. Additionally, in the Final Determination, we determined that multiple companies qualified for separate-rate status. The margin we calculated in the final determination for these companies was 9.48 percent. Because the final margins of three of the mandatory respondents, Starbright, TUTRIC and Guizhou Tyre, have changed since the Final Determination as a result of ministerial errors corrections, we have recalculated the margin for separate-rate respondents and the amended margin is 12.91 percent. See the Memorandum to The File regarding ‘‘Weighted-Average Margin Calculation for Separate Rate Companies in the Amended Final Determination’’ (August 28, 2008). Therefore, in accordance with 19 CFR 351.224 (e), we are amending the final determination of sales at LTFV in the antidumping duty investigation of certain new pneumatic OTR tires from the PRC. The revised dumping margins are listed in the chart below. 15 See Memorandum Re: Final 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 August 14, 2008 (‘‘Ministerial Error Correction Memo’’). Antidumping Duty Orders On August 28, 2008, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination that the industry in the PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Starbright .................. TUTRIC ..................... Guizhou Tyre ............ Xugong ..................... * No change. E:\FR\FM\04SEN1.SGM 04SEN1 51626 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices United States producing certain new pneumatic OTR tires is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of subject merchandise from the PRC. 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 advice 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 certain new pneumatic OTR tires from the PRC. These antidumping duties will be assessed on all unliquidated entries of certain new pneumatic OTR tires entered, or withdrawn from warehouse, for consumption on or after February 20, 2008, the date on which the Department published its notice of preliminary determination in the Federal Register.16 Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of certain new pneumatic OTR tires, we extended the four-month period to no more than six months.17 In this investigation, the six-month period beginning on the date of the publication of the Preliminary Determination (i.e., February 20, 2008) ends on August 18, 2008. Furthermore, section 737 of the Act provides that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of OTR Tires from the PRC entered, or withdrawn from warehouse, for consumption after August 18, 2008, and before the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will resume on or after the date of publication of the ITC’s final injury determination in the Federal Register. With regard to the ITC’s negative critical circumstances determination, we will instruct CBP to lift suspension, release any bond or other security, and refund any cash deposit made to secure the payment of antidumping duties with respect to entries of the merchandise entered, or withdrawn from warehouse, for consumption on or after November 22, 2007, but before February 20, 2008 (i.e., 90 days prior to the date of publication of the preliminary determination in the Federal Register). Effective on the date of the publication of the ITC’s final affirmative injury determination in the Federal Register, CBP, pursuant to section 735(c)(3) of the Act, will require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average dumping margins as listed below. OTR TIRES FROM THE PRC Weightedaverage margin (percent) sroberts on PROD1PC77 with NOTICES Exporter Producer Guizhou Tyre Co., Ltd. .................................................................. Guizhou Tyre Co., Ltd. .................................................................. Hebei Starbright Co., Ltd./GPX International Tire Corporation, Ltd.. Tianjin United Tire & Rubber International Co., Ltd. (‘‘TUTRIC’’) Xuzhou Xugong Tyres Co., Ltd. ................................................... Aeolus Tyre Co., Ltd. .................................................................... Double Coin Holdings Ltd. ............................................................ Double Coin Holdings Ltd. ............................................................ Double Coin Holdings Ltd. ............................................................ Double Happiness Tyre Industries Corp., Ltd. ............................. Jiangsu Feichi Co., Ltd. ................................................................ Kenda Rubber (China) Co., Ltd./Kenda Global Holding Co., Ltd (Cayman Islands). KS Holding Limited ....................................................................... KS Holding Limited ....................................................................... KS Holding Limited ....................................................................... Laizhou Xiongying Rubber Industry Co., Ltd. ............................... Oriental Tyre Technology Limited ................................................. Oriental Tyre Technology Limited ................................................. Oriental Tyre Technology Limited ................................................. Qingdao Aonuo Tyre Co., Ltd. ...................................................... Qingdao Etyre International Trade Co., Ltd. ................................. Qingdao Etyre International Trade Co., Ltd. ................................. Qingdao Etyre International Trade Co., Ltd. ................................. Qingdao Free Trade Zone Full-World International Trading Co., Ltd.. Qingdao Free Trade Zone Full-World International Trading Co., Ltd.. Qingdao Free Trade Zone Full-World International Trading Co., Ltd.. Guizhou Advance Rubber ........................................................... Guizhou Tyre Co., Ltd. ................................................................ Hebei Starbright Co., Ltd. ............................................................ 5.25 5.25 29.93 Tianjin United Tire & Rubber International Co., Ltd. (‘‘TUTRIC’’) Xuzhou Xugong Tyres Co., Ltd. = ............................................... Aeolus Tyre Co., Ltd. ................................................................... Double Coin Holdings Ltd. ........................................................... Double Coin Group Rugao Tyre Co., Ltd. ................................... Double Coin Group Shanghai Donghai Tyre Co., Ltd. ............... Double Happiness Tyre Industries Corp., Ltd. ............................ Jiangsu Feichi Co., Ltd. ............................................................... Kenda Rubber (China) Co., Ltd. .................................................. 8.44 0.00 12.91 12.91 12.91 12.91 12.91 12.91 12.91 Oriental Tyre Technology Ltd. ..................................................... Shandong Taishan Tyre Co., Ltd. ............................................... Xu Zhou Xugong Tyres Co., Ltd. ................................................ Laizhou Xiongying Rubber Industry Co., Ltd. ............................. Midland Off the Road Tire Co., Ltd. ............................................ Midland Specialty Tire Co., Ltd. .................................................. Xuzhou Hanbang Tyres Co., Ltd. ................................................ Qingdao Aonuo Tyre Co., Ltd. .................................................... Shandong Xingda Tyre Co. Ltd. .................................................. Shandong Xingyuan International Trade Co. Ltd. ....................... Shandong Xingyuan Rubber Co. Ltd. ......................................... Qingdao Eastern Industrial Group Co., Ltd. ................................ 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 Qingdao Qihang Tyre Co., Ltd. ................................................... 12.91 Qingdao Shuanghe Tyre Co., Ltd. .............................................. 12.91 16 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 VerDate Aug<31>2005 18:46 Sep 03, 2008 Jkt 214001 Postponement of Final Determination, 73 FR 9278 (February 20, 2008) (‘‘Preliminary Determination’’). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 17 See E:\FR\FM\04SEN1.SGM Id at 9278. 04SEN1 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 51627 OTR TIRES FROM THE PRC—Continued Weightedaverage margin (percent) Exporter Producer Qingdao Free Trade Zone Full-World International Trading Co., Ltd.. Qingdao Free Trade Zone Full-World International Trading Co., Ltd.. Qingdao Hengda Tyres Co., Ltd. .................................................. Qingdao Milestone Tyre Co., Ltd. ................................................. Qingdao Milestone Tyre Co., Ltd. ................................................. Qingdao Milestone Tyre Co., Ltd. ................................................. Qingdao Milestone Tyre Co., Ltd. ................................................. Qingdao Qihang Tyre Co., Ltd. ..................................................... Qingdao Qizhou Rubber Co., Ltd. ................................................ Qingdao Sinorient International Ltd. ............................................. Qingdao Sinorient International Ltd. ............................................. Qingdao Sinorient International Ltd. ............................................. Shandong Huitong Tyre Co., Ltd. ................................................. Shandong Jinyu Tyre Co., Ltd. ..................................................... Shandong Taishan Tyre Co., Ltd. ................................................. Shandong Wanda Boto Tyre Co., Ltd. ......................................... Shandong Xingyuan International Trading Co., Ltd. .................... Shandong Xingyuan International Trading Co., Ltd. .................... Techking Tires Limited .................................................................. Techking Tires Limited .................................................................. Techking Tires Limited .................................................................. Triangle Tyre Co., Ltd. .................................................................. Wendeng Sanfeng Tyre Co., Ltd. ................................................. Zhaoyuan Leo Rubber Co., Ltd. ................................................... PRC-Entity ..................................................................................... Qingdao Yellowsea Tyre Factory ................................................ 12.91 Shandong Zhentai Tyre Co., Ltd. ................................................ 12.91 Qingdao Hengda Tyres Co., Ltd. ................................................ Qingdao Shuanghe Tyre Co., Ltd. .............................................. Shandong Zhentai Tyre Co., Ltd. ................................................ Shifeng Double-Star Tire Co., Ltd. .............................................. Weifang Longtai Tyre Co., Ltd. ................................................... Qingdao Qihang Tyre Co., Ltd. ................................................... Qingdao Qizhou Rubber Co., Ltd. ............................................... Qingdao Hengda Tyres Co., Ltd. ................................................ Shifeng Double-Star Tire Co., Ltd. .............................................. Tengzhou Broncho Tyre Co., Ltd.= ............................................. Shandong Huitong Tyre Co., Ltd. ................................................ Shandong Jinyu Tyre Co., Ltd. .................................................... Shandong Taishan Tyre Co., Ltd. = ............................................ Shandong Wanda Boto Tyre Co., Ltd. ........................................ Shangdong Xingda Tyre Co., Ltd. ............................................... Xingyuan Tyre Group Co., Ltd. ................................................... Shandong Xingda Tyre Co. Ltd. .................................................. Shandong Xingyuan International Trade Co. Ltd. ....................... Shandong Xingyuan Rubber Co. Ltd. ......................................... Triangle Tyre Co., Ltd. ................................................................. Wendeng Sanfeng Tyre Co., Ltd. ................................................ Zhaoyuan Leo Rubber Co., Ltd. .................................................. ...................................................................................................... 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 12.91 210.48 sroberts on PROD1PC77 with NOTICES Because the Department continues to find that the weighted-average dumping margin for subject merchandise produced and exported by Xugong is zero, we are instructing CBP to terminate suspension of liquidation of all imports of subject merchandise produced and exported by Xugong, entered, or withdrawn from warehouse, for consumption on or after February 20, 2008, the date of publication of the preliminary determination. CBP shall refund any cash deposit and release any bond or other security previously posted in connection with merchandise produced and exported by Xugong. This notice constitutes the antidumping duty order with respect to certain new pneumatic OTR tires from the PRC, pursuant to section 736 (a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 1117 of the Main Commerce Building, for copies of an updated list of antidumping duty orders currently in effect. This order is issued and published in accordance with section 736 (a) of the Act and 19 CFR 351.211 (b). Dated: August 29, 2008. David M. Spooner Assistant Secretary for Import Administration. [FR Doc. E8–20569 Filed 9–3–08; 8:45 am] BILLING CODE 3510–DS–P VerDate Aug<31>2005 18:46 Sep 03, 2008 Jkt 214001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–913] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on an affirmative final determination by the U.S. International Trade Commission (ITC), the Department of Commerce (the Department) is issuing a countervailing duty order on certain new pneumatic off-the-road tires from the People’s Republic of China (PRC). On August 28, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Certain Off-the-Road Tires From China, USITC Pub. 4031, Inv. Nos. 701–TA–448 and 731–TA–1117 (Final) (August 2008). DATES: Effective Date: September 4, 2008. Contact Information: Mark Hoadley, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3148. AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Case History In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on July 15, 2008, the Department published its final determination in the countervailing duty investigation of certain new pneumatic off-the-road tires from the PRC. See 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, 73 FR 40480 (July 15, 2008). On July 18, 2008, Starbright timely filed a ministerial error allegation. No other party to the proceeding filed a ministerial error allegation. After analyzing all interested party comments and rebuttals regarding the alleged ministerial error, the Department determined that it did not make a ministerial error. See Memorandum to Barbara Tillman, ‘‘Countervailing Duty Investigation of Certain New Pneumatic Off-The-Road Tires from the People’s Republic of China: Allegations of a Ministerial Error in the Final Determination’’ (July 30, 2008). Scope of the Order The products covered by the order are new pneumatic tires designed for off- E:\FR\FM\04SEN1.SGM 04SEN1

Agencies

[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Notices]
[Pages 51624-51627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20569]



[[Page 51624]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-912]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Notice of Amended Final Affirmative Determination of 
Sales at Less Than Fair Value and Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: September 4, 2008.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on certain new 
pneumatic off-the-road tires (``OTR tires'') from the People's Republic 
of China (``PRC''). On August 28, 2008, the ITC notified the Department 
of its affirmative determination of material injury to a U.S. industry 
and its negative determination of critical circumstances. See Certain 
Off-The-Road Tires from China , USITC Pub. 4031, Inv. Nos. 701-TA-448 
and 731-TA-1117 (Final) (August 2008).

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:

Case History

    On July 15, 2008, the Department published its final determination 
of sales at less than fair value (``LTFV'') in the antidumping 
investigation of certain new pneumatic OTR tires from the PRC. See 
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, 73 FR 
40485 (July 15, 2008) (``Final Determination'').
    On August, 28, 2008, the ITC notified the Department of its final 
determination pursuant to sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) 
of the Tariff Act of 1930, as amended (``the Act''), that an industry 
in the United States is materially injured by reason of LTFV imports of 
subject merchandise from the PRC and by reason of subsidized imports 
from the PRC. The ITC also determined that critical circumstances do 
not exist for the PRC.

Scope of the Order

    The products covered by the order 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,\1\ combine 
harvesters,\2\ agricultural high clearance sprayers,\3\ industrial 
tractors,\4\ log-skidders,\5\ agricultural implements, highway-towed 
implements, agricultural logging, and agricultural, industrial, skid-
steers/mini-loaders; \6\ (2) construction vehicles and equipment, 
including earthmover articulated dump products, rigid frame haul 
trucks,\7\ front end loaders,\8\ dozers,\9\ lift trucks, straddle 
carriers,\10\ graders,\11\ mobile cranes,\12\ 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.\13\ 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. 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 order range in size (rim diameter) generally but not exclusively 
from 8 inches to 54 inches. The tires may be either tube-type \14\ 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

[[Page 51625]]

written description of the scope is dispositive.
---------------------------------------------------------------------------

    \1\ 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.
    \2\ Combine harvesters are used to harvest crops such as corn or 
wheat.
    \3\ Agricultural sprayers are used to irrigate agricultural 
fields.
    \4\ 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.
    \5\ 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.
    \6\ 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.
    \7\ 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.
    \8\ 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.
    \9\ 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.
    \10\ 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.
    \11\ 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.
    \12\ I.e., ``on-site'' mobile cranes designed for off-highway 
use.
    \13\ 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.
    \14\ 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).

Amendment to the Final Determination

    In accordance with sections 735(d) and 771(i)(1) of the Act, on 
July 15, 2008, the Department published its notice of final 
determination of sales at LTFV in the investigation of certain new 
pneumatic OTR tires from the PRC. See Final Determination, 73 FR 40485, 
and corresponding ``Issues and Decision Memorandum'' (July 7, 2008). On 
July 16, 2008, Titan Tire Corporation, a subsidiary of Titan 
International, Inc. and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO-CLC (collectively, ``Petitioners''), 
Bridgestone Holding, Inc. and its subsidiary, Bridgestone Firestone 
North American Tire, LLC (``Bridgestone''), a domestic producer, as 
well as mandatory respondents Hebei Starbright Co., Ltd. 
(``Starbright''), Tianjin United Rubber International Co., Ltd. 
(``TUTRIC''), and Xuzhou Xugong Tyres Co., Ltd. (``Xugong'') submitted 
timely ministerial error allegations with respect to the Final 
Determination. On July 21, 2008, Petitioners, Bridgestone and Xugong 
submitted rebuttal comments to Petitioners', Xugong's, and 
Bridgestone's ministerial error submissions, respectively. In 
accordance with 19 CFR 351.224(b), on August 15, 2008, the Department 
issued its Ministerial Error Correction Memo\15\ addressing the 
parties' ministerial error allegations. As discussed in the memorandum, 
the Department accepted some of the allegations as ministerial errors 
and stated that it would make those corrections by amending the Final 
Determination. The Department also disclosed the details of its 
calculation of the amended final dumping margins to all parties in this 
investigation (i.e., Petitioners, Bridgestone, and mandatory 
respondents) on August 15, 2008. On August 21, 2008, Bridgestone 
submitted a ministerial error allegation with respect to the 
Ministerial Error Correction Memo.
---------------------------------------------------------------------------

    \15\ See Memorandum Re: Final 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 
August 14, 2008 (``Ministerial Error Correction Memo'').
---------------------------------------------------------------------------

    After analyzing all interested party comments and rebuttals, we 
have determined, in accordance with 19 CFR 351.224(e), that we made 
ministerial errors in our calculations performed for the final 
determination. As a result, the dumping margins have been amended as 
follows:

------------------------------------------------------------------------
                                                     Original   Amended
                                                      final      final
                                                      margin     margin
                                                    (percent)  (percent)
------------------------------------------------------------------------
 Starbright.......................................      19.15      29.93
 TUTRIC...........................................       8.09       8.44
 Guizhou Tyre.....................................       4.08       5.25
 Xugong...........................................       0.00      *0.00
------------------------------------------------------------------------
* No change.

    For detailed discussions of the ministerial error allegations, as 
well as the Department's analysis, see the memoranda regarding ``Final 
Determination of Antidumping Investigation on Certain New Pneumatic 
Off-the-Road Tires from the People's Republic of China: Allegations of 
Ministerial Errors'' (August 14, 2008) and ``Amended Final 
Determination of Antidumping Investigation on Certain New Pneumatic 
Off-the-Road Tires from the People's Republic of China: Allegation of 
Ministerial Error'' (August 28, 2008), and the company-specific amended 
final analysis memoranda: Analysis Memorandum for the Amended Final 
Determination: Guizhou Tyre Co. Ltd. and its affiliates (collectively, 
``Guizhou Tyre''); Analysis Memorandum for the Amended Final 
Determination: Hebei Starbright Tire Co. Ltd.; Analysis Memorandum for 
the Amended Final Determination: Tianjin United Tire & Rubber 
International Co. Ltd.; and, Analysis Memorandum for the Final 
Determination: Xuzhou Xugong Tyres Co., Ltd. Additionally, in the Final 
Determination, we determined that multiple companies qualified for 
separate-rate status. The margin we calculated in the final 
determination for these companies was 9.48 percent. Because the final 
margins of three of the mandatory respondents, Starbright, TUTRIC and 
Guizhou Tyre, have changed since the Final Determination as a result of 
ministerial errors corrections, we have recalculated the margin for 
separate-rate respondents and the amended margin is 12.91 percent. See 
the Memorandum to The File regarding ``Weighted-Average Margin 
Calculation for Separate Rate Companies in the Amended Final 
Determination'' (August 28, 2008).
    Therefore, in accordance with 19 CFR 351.224 (e), we are amending 
the final determination of sales at LTFV in the antidumping duty 
investigation of certain new pneumatic OTR tires from the PRC. The 
revised dumping margins are listed in the chart below.

Antidumping Duty Orders

    On August 28, 2008, in accordance with section 735(d) of the Act, 
the ITC notified the Department of its final determination that the 
industry in the

[[Page 51626]]

United States producing certain new pneumatic OTR tires is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act by 
reason of LTFV imports of subject merchandise from the PRC.
    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 advice 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 certain new pneumatic OTR tires from the PRC. These 
antidumping duties will be assessed on all unliquidated entries of 
certain new pneumatic OTR tires entered, or withdrawn from warehouse, 
for consumption on or after February 20, 2008, the date on which the 
Department published its notice of preliminary determination in the 
Federal Register.\16\
---------------------------------------------------------------------------

    \16\ 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 Determination'').
---------------------------------------------------------------------------

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of certain new pneumatic OTR tires, we extended the four-
month period to no more than six months.\17\ In this investigation, the 
six-month period beginning on the date of the publication of the 
Preliminary Determination (i.e., February 20, 2008) ends on August 18, 
2008. Furthermore, section 737 of the Act provides that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination. Therefore, in accordance with section 733(d) of 
the Act and our practice, we will instruct CBP to terminate the 
suspension of liquidation and to liquidate, without regard to 
antidumping duties, unliquidated entries of OTR Tires from the PRC 
entered, or withdrawn from warehouse, for consumption after August 18, 
2008, and before the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on or after the date of publication of the ITC's final injury 
determination in the Federal Register.
---------------------------------------------------------------------------

    \17\ See Id at 9278.
---------------------------------------------------------------------------

    With regard to the ITC's negative critical circumstances 
determination, we will instruct CBP to lift suspension, release any 
bond or other security, and refund any cash deposit made to secure the 
payment of antidumping duties with respect to entries of the 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after November 22, 2007, but before February 20, 2008 (i.e., 90 days 
prior to the date of publication of the preliminary determination in 
the Federal Register).
    Effective on the date of the publication of the ITC's final 
affirmative injury determination in the Federal Register, CBP, pursuant 
to section 735(c)(3) of the Act, will require, at the same time as 
importers would normally deposit estimated duties on this merchandise, 
a cash deposit equal to the estimated weighted-average dumping margins 
as listed below.

                         OTR Tires From the PRC
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Exporter                      Producer             margin
                                                              (percent)
------------------------------------------------------------------------
 Guizhou Tyre Co., Ltd...........  Guizhou Advance Rubber..         5.25
 Guizhou Tyre Co., Ltd...........  Guizhou Tyre Co., Ltd...         5.25
 Hebei Starbright Co., Ltd./GPX    Hebei Starbright Co.,           29.93
 International Tire Corporation,    Ltd..
 Ltd..
 Tianjin United Tire & Rubber      Tianjin United Tire &            8.44
 International Co., Ltd.            Rubber International
 (``TUTRIC'').                      Co., Ltd. (``TUTRIC'').
 Xuzhou Xugong Tyres Co., Ltd....  Xuzhou Xugong Tyres Co.,         0.00
                                    Ltd. =.
 Aeolus Tyre Co., Ltd............  Aeolus Tyre Co., Ltd....        12.91
 Double Coin Holdings Ltd........  Double Coin Holdings            12.91
                                    Ltd..
 Double Coin Holdings Ltd........  Double Coin Group Rugao         12.91
                                    Tyre Co., Ltd..
 Double Coin Holdings Ltd........  Double Coin Group               12.91
                                    Shanghai Donghai Tyre
                                    Co., Ltd..
 Double Happiness Tyre Industries  Double Happiness Tyre           12.91
 Corp., Ltd..                       Industries Corp., Ltd..
 Jiangsu Feichi Co., Ltd.........  Jiangsu Feichi Co., Ltd.        12.91
 Kenda Rubber (China) Co., Ltd./   Kenda Rubber (China)            12.91
 Kenda Global Holding Co., Ltd      Co., Ltd..
 (Cayman Islands).
 KS Holding Limited..............  Oriental Tyre Technology        12.91
                                    Ltd..
 KS Holding Limited..............  Shandong Taishan Tyre           12.91
                                    Co., Ltd..
 KS Holding Limited..............  Xu Zhou Xugong Tyres            12.91
                                    Co., Ltd..
 Laizhou Xiongying Rubber          Laizhou Xiongying Rubber        12.91
 Industry Co., Ltd..                Industry Co., Ltd..
 Oriental Tyre Technology Limited  Midland Off the Road            12.91
                                    Tire Co., Ltd..
 Oriental Tyre Technology Limited  Midland Specialty Tire          12.91
                                    Co., Ltd..
 Oriental Tyre Technology Limited  Xuzhou Hanbang Tyres            12.91
                                    Co., Ltd..
 Qingdao Aonuo Tyre Co., Ltd.....  Qingdao Aonuo Tyre Co.,         12.91
                                    Ltd..
 Qingdao Etyre International       Shandong Xingda Tyre Co.        12.91
 Trade Co., Ltd..                   Ltd..
 Qingdao Etyre International       Shandong Xingyuan               12.91
 Trade Co., Ltd..                   International Trade Co.
                                    Ltd..
 Qingdao Etyre International       Shandong Xingyuan Rubber        12.91
 Trade Co., Ltd..                   Co. Ltd..
 Qingdao Free Trade Zone Full-     Qingdao Eastern                 12.91
 World International Trading Co.,   Industrial Group Co.,
 Ltd..                              Ltd..
 Qingdao Free Trade Zone Full-     Qingdao Qihang Tyre Co.,        12.91
 World International Trading Co.,   Ltd..
 Ltd..
 Qingdao Free Trade Zone Full-     Qingdao Shuanghe Tyre           12.91
 World International Trading Co.,   Co., Ltd..
 Ltd..

[[Page 51627]]

 
 Qingdao Free Trade Zone Full-     Qingdao Yellowsea Tyre          12.91
 World International Trading Co.,   Factory.
 Ltd..
 Qingdao Free Trade Zone Full-     Shandong Zhentai Tyre           12.91
 World International Trading Co.,   Co., Ltd..
 Ltd..
 Qingdao Hengda Tyres Co., Ltd...  Qingdao Hengda Tyres            12.91
                                    Co., Ltd..
 Qingdao Milestone Tyre Co., Ltd.  Qingdao Shuanghe Tyre           12.91
                                    Co., Ltd..
 Qingdao Milestone Tyre Co., Ltd.  Shandong Zhentai Tyre           12.91
                                    Co., Ltd..
 Qingdao Milestone Tyre Co., Ltd.  Shifeng Double-Star Tire        12.91
                                    Co., Ltd..
 Qingdao Milestone Tyre Co., Ltd.  Weifang Longtai Tyre            12.91
                                    Co., Ltd..
 Qingdao Qihang Tyre Co., Ltd....  Qingdao Qihang Tyre Co.,        12.91
                                    Ltd..
 Qingdao Qizhou Rubber Co., Ltd..  Qingdao Qizhou Rubber           12.91
                                    Co., Ltd..
 Qingdao Sinorient International   Qingdao Hengda Tyres            12.91
 Ltd..                              Co., Ltd..
 Qingdao Sinorient International   Shifeng Double-Star Tire        12.91
 Ltd..                              Co., Ltd..
 Qingdao Sinorient International   Tengzhou Broncho Tyre           12.91
 Ltd..                              Co., Ltd.=.
 Shandong Huitong Tyre Co., Ltd..  Shandong Huitong Tyre           12.91
                                    Co., Ltd..
 Shandong Jinyu Tyre Co., Ltd....  Shandong Jinyu Tyre Co.,        12.91
                                    Ltd..
 Shandong Taishan Tyre Co., Ltd..  Shandong Taishan Tyre           12.91
                                    Co., Ltd. =.
 Shandong Wanda Boto Tyre Co.,     Shandong Wanda Boto Tyre        12.91
 Ltd..                              Co., Ltd..
 Shandong Xingyuan International   Shangdong Xingda Tyre           12.91
 Trading Co., Ltd..                 Co., Ltd..
 Shandong Xingyuan International   Xingyuan Tyre Group Co.,        12.91
 Trading Co., Ltd..                 Ltd..
 Techking Tires Limited..........   Shandong Xingda Tyre           12.91
                                    Co. Ltd..
 Techking Tires Limited..........  Shandong Xingyuan               12.91
                                    International Trade Co.
                                    Ltd..
 Techking Tires Limited..........  Shandong Xingyuan Rubber        12.91
                                    Co. Ltd..
 Triangle Tyre Co., Ltd..........  Triangle Tyre Co., Ltd..        12.91
 Wendeng Sanfeng Tyre Co., Ltd...  Wendeng Sanfeng Tyre            12.91
                                    Co., Ltd..
 Zhaoyuan Leo Rubber Co., Ltd....  Zhaoyuan Leo Rubber Co.,        12.91
                                    Ltd..
 PRC-Entity......................  ........................       210.48
------------------------------------------------------------------------

    Because the Department continues to find that the weighted-average 
dumping margin for subject merchandise produced and exported by Xugong 
is zero, we are instructing CBP to terminate suspension of liquidation 
of all imports of subject merchandise produced and exported by Xugong, 
entered, or withdrawn from warehouse, for consumption on or after 
February 20, 2008, the date of publication of the preliminary 
determination. CBP shall refund any cash deposit and release any bond 
or other security previously posted in connection with merchandise 
produced and exported by Xugong.
    This notice constitutes the antidumping duty order with respect to 
certain new pneumatic OTR tires from the PRC, pursuant to section 736 
(a) of the Act. Interested parties may contact the Department's Central 
Records Unit, Room 1117 of the Main Commerce Building, for copies of an 
updated list of antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 736 
(a) of the Act and 19 CFR 351.211 (b).

    Dated: August 29, 2008.
David M. Spooner
Assistant Secretary for Import Administration.
 [FR Doc. E8-20569 Filed 9-3-08; 8:45 am]
BILLING CODE 3510-DS-P