Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Initiation of Changed Circumstances Review, 57999-58001 [E9-27071]

Download as PDF Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC–wide rate of 228.11 percent; and (4) for all non–PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non– PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. srobinson on DSKHWCL6B1PROD with NOTICES Appendix I – Decision Memorandum General Issues Comment 1:Treatment of Sales with Negative Margins Comment 2:Surrogate Financial Ratios a.Miscalculated Expenses b.Use of Indo German Carbons’ Financial Statements c.Use of Core Carbons’ Financial Statements d. Use of Quantum Active Carbons’ Financial Statements Comment 3:Surrogate Values a.Wage Rate Methodology b.Time Period Used for Surrogate Values c.Bituminous Coal d.Hydrochloric Acid e.Carbonized Materials f.Coal Tar g.Energy and Steam 16:45 Nov 09, 2009 Jkt 220001 Company–Specific Issues CCT Comment 4: Application of Total Adverse Facts Available Comment 5: Corrections to Submitted Data a.Treatment of the Universe of Factor Data for Normal Value b.Treatment of U.S. Indirect Selling Expenses c.Treatment of Factor Data for Labor, Electricity, and Water d. Treatment of Freight for Tolling Operations Comment 6: Freight Expense Calculation Comment 7: Surrogate Margin for Further Manufactured Sales Comment 8: Importer–Specific Assessment Rate Comment 9: Ministerial Error for Units of Measure Conversions a.PE Film b.Plastic Strap/Packing String c.Plastic Rope Jacobi Comment 10: Application of Adverse Facts Available a.Application of Total AFA for Jacobi and NXHH b.Application of Total AFA for Jacobi and NXGH c.Application of Partial Adverse Facts Available for Jacobi and NXHH d. Application of Partial Adverse Facts Available for Jacobi and NXGH Comment 11: Facts Available for Jacobi and DTHB Comment 12: Yield Loss Reporting by Jacobi and DTHB and DTFW Comment 13: Ministerial Error for Domestic Brokerage and Handling Comment 14: Ministerial Error for Quantity Variable Used Comment 15: Ministerial Error for Units of Measure Conversions Cherishmet Dated: November 3, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. VerDate Nov<24>2008 Coal h.Surrogate Value Applied to Activated Carbon i.HTS Numbers Used for Starch, Paint Thinner, and Ink Surrogate Values Comment 16:Application of Total Adverse Facts Available Comment 17: Application of Partial Adverse Facts Available a.Cherishmet and GHC b.Activated Carbon and Potassium c. Acid Washing Yield Loss Comment 18: Columnar Coal Comment 19:Ministerial Error for Units of Measure Conversion a.Plastic Bags b.Packing Freight Comment 20:Ministerial Error for Domestic Inland Freight Calculation Comment 21: Qualification for a Separate Rate Hebei Foreign Comment 22: Separate Rate Status [FR Doc. E9–27083 Filed 11–9–09; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 57999 DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off–the-Road Tires from the People’s Republic of China: Initiation of Changed Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) has received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on certain new pneumatic off–the-road tires from the People’s Republic of China (‘‘PRC’’). Specifically, based upon a request filed by Mai Shandong Radial Tyre Co., Ltd. (‘‘Mai Shandong’’), the Department is initiating a changed circumstances review to determine whether Mai Shandong is the successor–in-interest to Shandong Jinyu Tyre Co., Ltd. (‘‘Shandong Jinyu’’), a separate–rate respondent in the original investigation. EFFECTIVE DATE: November 10, 2009. FOR FURTHER INFORMATION CONTACT: Raquel Silva, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: 202–482–6475. SUPPLEMENTARY INFORMATION: Background On September 4, 2008, the Department published in the Federal Register an antidumping duty order on 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: Notice of Amended Final Affirmative Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008). As part of that order, Shandong Jinyu received the separate–rate respondent amended rate of 12.91 percent. Id. at 51627. On September 14, 2009, Mai Shandong filed a submission requesting that the Department conduct a changed circumstances review of the antidumping duty order on certain new pneumatic off–the-road tires from the PRC to confirm that it is the successor– in-interest to Shandong Jinyu.1 In its 1 See Letter from Mai Shandong to the Department regarding Certain New Pneumatic OffThe-Road Tires from the People’s Republic of China, Request for Changed Circumstances Review (Case No. A-570-912) (September 14, 2009). E:\FR\FM\10NON1.SGM 10NON1 58000 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices submission, Mai Shandong provided the Joint Venture Contract, Articles of Association and various other contracts relating to the transfer of assets from Shandong Jinyu to Mai Shandong. In addition, Mai Shandong provided narrative explanation and limited documentation relating to the management, production facilities and process, customer base, supplier relationships, distribution and marketing channels and product mix of both it and Shandong Jinyu. As part of its September 14, 2009 submission, Mai Shandong requested that the Department conduct an expedited review. Scope of the Order srobinson on DSKHWCL6B1PROD with NOTICES 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,2 combine harvesters,3 agricultural high clearance sprayers,4 industrial tractors,5 log–skidders,6 agricultural implements, highway– towed implements, agricultural logging, and agricultural, industrial, skid–steers/ mini–loaders;7 (2) construction vehicles and equipment, including earthmover articulated dump products, rigid frame 2 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. 3 Combine harvesters are used to harvest crops such as corn or wheat. 4 Agricultural sprayers are used to irrigate agricultural fields 5 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. 6 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. 7 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. VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 haul trucks,8 front end loaders,9 dozers,10 lift trucks, straddle carriers,11 graders,12 mobile cranes,13 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–theroad counterbalanced lift trucks.14 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–type15 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, 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: 8 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. 9 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. 10 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. 11 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. 12 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. 13 i.e., ‘‘on-site’’ mobile cranes designed for offhighway use. 14 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. 15 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). 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. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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. E:\FR\FM\10NON1.SGM 10NON1 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices srobinson on DSKHWCL6B1PROD with NOTICES 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 1,500 pounds). Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (‘‘Act’’), the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from, an interested party for a review of an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In accordance with 19 CFR 351.216(d), the Department has determined that the information submitted by Mai Shandong constitutes sufficient evidence to conduct a changed circumstances review. In an antidumping duty changed circumstances review involving a successor–in-interest determination, the Department typically examines several factors including, but not limited to, changes in: (1) management; (2) production facilities; (3) supplier relationships; and (4) customer base. See, e.g., Certain Activated Carbon from the People’s Republic of China: Notice of Initiation of Changed Circumstances Review, 74 FR 19934 (April 30, 2009). While no single factor or combination of factors will necessarily be dispositive, the Department generally will consider the new company to be the successor to the predecessor if the resulting operations are essentially the same as those of the predecessor company. See, e.g., Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January 4, 2006). Thus, if the record demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, the Department may assign the new company the cash deposit rate of its predecessor. See, e.g., Fresh and Chilled VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 Atlantic Salmon from Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999). Based on the information provided in its submission, Mai Shandong has provided sufficient evidence to warrant a review to determine if it is the successor–in-interest to Shandong Jinyu. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed circumstances review. Although Mai Shandong submitted documentation related to the transfer of assets from Shandong Jinyu to it and some limited information and documentation regarding the four factors that the Department considers in its successor– in-interest analysis, it did not provide complete supporting documentation or conclusive evidence for the four elements listed above. Accordingly, the Department has determined that it would be inappropriate to expedite this action by combining the preliminary results of review with this notice of initiation. See 19 CFR 351.221(c)(3)(ii). Thus, the Department is not issuing the preliminary results of its antidumping duty changed circumstances review at this time. See, e.g., Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Pasta From Turkey, 74 FR 681 (January 7, 2009). The Department will issue questionnaires requesting additional information for the review and will publish in the Federal Register a notice of the preliminary results of the antidumping duty changed circumstances review, in accordance with 19 CFR 351.221(b)(2) and (4), and 19 CFR 351.221(c)(3)(i). That notice will set forth the factual and legal conclusions upon which our preliminary results are based and a description of any action proposed. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of review. In accordance with 19 CFR 351.216(e), the Department will issue the final results of its antidumping duty changed circumstances review not later than 270 days after the date on which the review is initiated. This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 58001 Dated: November 2, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–27071 Filed 11–9–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before November 30, 2009. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 09–058. Applicant: Honolulu Police Department—SIS, 801 S. Beretania St., Honolulu, HI 96813. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used for forensic analysis of trace evidence samples, primarily for particle analysis of gunshot residue. Justification for Duty-Free Entry: No instruments of same general category are manufactured in the United States. Application accepted by Commissioner of Customs: October 9, 2009. Docket Number: 09–060. Applicant: University of California at San Francisco, 1855 Folsom St., Suite 304, San Francisco, CA 94103. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used to study the ultrastructural characteristics of biological tissue, such as the number, size and shape of cellular connections and gap junctions in the brain. Justification for Duty-Free Entry: No instruments of same general category are manufactured in the United States. Application accepted by Commissioner of Customs: October 19, 2009. Docket Number: 09–061. Applicant: Argonne National Laboratory, 9700 S. Cass Ave., Lemont, IL 60439. E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 57999-58001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27071]


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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: Initiation of Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on certain new pneumatic off-the-
road tires from the People's Republic of China (``PRC''). Specifically, 
based upon a request filed by Mai Shandong Radial Tyre Co., Ltd. (``Mai 
Shandong''), the Department is initiating a changed circumstances 
review to determine whether Mai Shandong is the successor-in-interest 
to Shandong Jinyu Tyre Co., Ltd. (``Shandong Jinyu''), a separate-rate 
respondent in the original investigation.

EFFECTIVE DATE: November 10, 2009.

FOR FURTHER INFORMATION CONTACT: Raquel Silva, AD/CVD Operations, 
Office 8, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, 
DC 20230; telephone: 202-482-6475.

SUPPLEMENTARY INFORMATION:

Background

    On September 4, 2008, the Department published in the Federal 
Register an antidumping duty order on 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: Notice of Amended Final 
Affirmative Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order, 73 FR 51624 (September 4, 2008). As part of 
that order, Shandong Jinyu received the separate-rate respondent 
amended rate of 12.91 percent. Id. at 51627. On September 14, 2009, Mai 
Shandong filed a submission requesting that the Department conduct a 
changed circumstances review of the antidumping duty order on certain 
new pneumatic off-the-road tires from the PRC to confirm that it is the 
successor-in-interest to Shandong Jinyu.\1\ In its

[[Page 58000]]

submission, Mai Shandong provided the Joint Venture Contract, Articles 
of Association and various other contracts relating to the transfer of 
assets from Shandong Jinyu to Mai Shandong. In addition, Mai Shandong 
provided narrative explanation and limited documentation relating to 
the management, production facilities and process, customer base, 
supplier relationships, distribution and marketing channels and product 
mix of both it and Shandong Jinyu. As part of its September 14, 2009 
submission, Mai Shandong requested that the Department conduct an 
expedited review.
---------------------------------------------------------------------------

    \1\ See Letter from Mai Shandong to the Department regarding 
Certain New Pneumatic Off-The-Road Tires from the People's Republic 
of China, Request for Changed Circumstances Review (Case No. A-570-
912) (September 14, 2009).
---------------------------------------------------------------------------

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,\2\ combine 
harvesters,\3\ agricultural high clearance sprayers,\4\ industrial 
tractors,\5\ log-skidders,\6\ agricultural implements, highway-towed 
implements, agricultural logging, and agricultural, industrial, skid-
steers/mini-loaders;\7\ (2) construction vehicles and equipment, 
including earthmover articulated dump products, rigid frame haul 
trucks,\8\ front end loaders,\9\ dozers,\10\ lift trucks, straddle 
carriers,\11\ graders,\12\ mobile cranes,\13\ 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.\14\ 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\15\ 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.
---------------------------------------------------------------------------

    \2\ 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.
    \3\ Combine harvesters are used to harvest crops such as corn or 
wheat.
    \4\ Agricultural sprayers are used to irrigate agricultural 
fields
    \5\ 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.
    \6\ 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.
    \7\ 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.
    \8\ 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.
    \9\ 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.
    \10\ 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.
    \11\ 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.
    \12\ 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.
    \13\ i.e., ``on-site'' mobile cranes designed for off-highway 
use.
    \14\ 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.
    \15\ 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.

[[Page 58001]]

    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 1,500 pounds).

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``Act''), the Department will conduct a changed circumstances review 
upon receipt of information concerning, or a request from, an 
interested party for a review of an antidumping duty order which shows 
changed circumstances sufficient to warrant a review of the order.
    In accordance with 19 CFR 351.216(d), the Department has determined 
that the information submitted by Mai Shandong constitutes sufficient 
evidence to conduct a changed circumstances review. In an antidumping 
duty changed circumstances review involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in: (1) management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base. See, e.g., Certain Activated Carbon from the People's Republic of 
China: Notice of Initiation of Changed Circumstances Review, 74 FR 
19934 (April 30, 2009). While no single factor or combination of 
factors will necessarily be dispositive, the Department generally will 
consider the new company to be the successor to the predecessor if the 
resulting operations are essentially the same as those of the 
predecessor company. See, e.g., Notice of Initiation of Antidumping 
Duty Changed Circumstances Review: Certain Forged Stainless Steel 
Flanges from India, 71 FR 327 (January 4, 2006). Thus, if the record 
demonstrates that, with respect to the production and sale of the 
subject merchandise, the new company operates as the same business 
entity as the predecessor company, the Department may assign the new 
company the cash deposit rate of its predecessor. See, e.g., Fresh and 
Chilled Atlantic Salmon from Norway; Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 
(March 1, 1999).
    Based on the information provided in its submission, Mai Shandong 
has provided sufficient evidence to warrant a review to determine if it 
is the successor-in-interest to Shandong Jinyu. Therefore, pursuant to 
section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a 
changed circumstances review. Although Mai Shandong submitted 
documentation related to the transfer of assets from Shandong Jinyu to 
it and some limited information and documentation regarding the four 
factors that the Department considers in its successor-in-interest 
analysis, it did not provide complete supporting documentation or 
conclusive evidence for the four elements listed above. Accordingly, 
the Department has determined that it would be inappropriate to 
expedite this action by combining the preliminary results of review 
with this notice of initiation.  See 19 CFR 351.221(c)(3)(ii). Thus, 
the Department is not issuing the preliminary results of its 
antidumping duty changed circumstances review at this time. See, e.g., 
Notice of Initiation of Antidumping Duty Changed Circumstances Review: 
Certain Pasta From Turkey, 74 FR 681 (January 7, 2009).
    The Department will issue questionnaires requesting additional 
information for the review and will publish in the Federal Register a 
notice of the preliminary results of the antidumping duty changed 
circumstances review, in accordance with 19 CFR 351.221(b)(2) and (4), 
and 19 CFR 351.221(c)(3)(i). That notice will set forth the factual and 
legal conclusions upon which our preliminary results are based and a 
description of any action proposed. Pursuant to 19 CFR 
351.221(b)(4)(ii), interested parties will have an opportunity to 
comment on the preliminary results of review. In accordance with 19 CFR 
351.216(e), the Department will issue the final results of its 
antidumping duty changed circumstances review not later than 270 days 
after the date on which the review is initiated.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216.

    Dated: November 2, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-27071 Filed 11-9-09; 8:45 am]
BILLING CODE 3510-DS-S