Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Initiation of Changed Circumstances Review, 34098-34100 [2010-14539]
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34098
Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Notices
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Catherine Bertrand, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington DC 20230;
telephone (202) 482–9068 and (202)
482–3207, respectively.
SUPPLEMENTARY INFORMATION:
sroberts on DSKD5P82C1PROD with NOTICES
Background
On March 22, 2010, the Department
published the Natural Bristle Paint
Brushes and Brush Heads from the
People’s Republic of China: Final
Results of the Expedited Sunset Review
of the Antidumping Duty Order, 75 FR
13489 (March 22, 2010).
On May 7, 2010, the Department
received a request, pursuant to sections
751(d)(1) and 782(h)(2) of the Tariff Act
of 1930, as amended (‘‘the Act’’), and 19
CFR 351.222(g), to revoke the Order
based on an expression of no interest
from the Paint Applicators Trade Action
Coalition (‘‘PATAC’’), an ad hoc
coalition of producers of the domestic
like product, and the Paint Applicator
Division of the American Brush
Manufacturers Association (‘‘ABMA’’), a
trade association (collectively the ‘‘Paint
Applicators’’). On May 17, 2010, the
Department requested that the Paint
Applicators demonstrate that they
account for substantially all of the U.S.
production of the domestic like product
for the period of April 1, 2009, through
March 31, 2010. On May 24, 2010, the
Paint Applicators responded to the
Department’s request and indicated that,
to the best of their knowledge, they
represented at least 85 percent of the
production of domestic like product
during the period identified by the
Department.
Scope of the Order
The merchandise covered by the
scope of the Order are natural bristle
paintbrushes and brush heads from the
PRC. Excluded from the scope of the
Order are paint brushes and brush heads
with a blend of 40 percent natural
bristles and 60 percent synthetic
filaments. The merchandise under
review is currently classifiable under
item 9603.40.40.40 of the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the Department’s
written description of the scope of the
merchandise is dispositive.
Initiation and Preliminary Results of
Changed Circumstances Review, and
Intent To Revoke the Order
At the request of the Paint
Applicators, and in accordance with
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Jkt 220001
sections 751(d)(1) and 751(b)(1) of the
Act and 19 CFR 351.216, the
Department is initiating a changed
circumstances review to determine
whether the revocation of the Order is
warranted. Section 782(h)(2) of the Act
and 19 CFR 351.222(g)(1)(i) provide that
the Department may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all (i.e., at least 85 percent) 1 of the
production of the domestic like product
have expressed no further interest in the
order. In addition, in the event the
Department determines that expedited
action is warranted, 19 CFR
351.221(c)(3)(ii) permits the Department
to combine the notices of initiation and
preliminary results.
In accordance with section 751(b) of
the Act, and 19 CFR 351.222(g) and
351.216(b), we are initiating this
changed circumstances review and have
determined that, pursuant to 19 CFR
351.221(c)(3)(ii), expedited action is
warranted. We find that the Paint
Applicators’ affirmative statement of no
interest, and its statement that it
produced substantially all of the
domestic like product during the period
identified by the Department, provides
a reasonable basis for the Department’s
determination to conduct an expedited
review. Based on the expression of no
interest and claims of accounting for
substantially all of the domestic
production of the domestic like product
by the Paint Applicators, and absent any
objection by any other domestic
interested parties or any evidence to the
contrary, we have also preliminarily
determined that substantially all of the
domestic producers of the domestic like
product have no interest in the
continued application of the Order.
Therefore, we are notifying the public of
our intent to revoke the Order. If we
make a final determination to revoke the
Order, this determination will apply to
all unliquidated entries of subject
merchandise covered by the Order
which are entered, or withdrawn from
warehouse, for consumption on or after
the date determined by the Department.
See section 751(d)(3) of the Act.
Suspension of liquidation is considered
removed upon publication of the final
results in the Federal Register and the
Department will instruct U.S. Customs
1 The
Department has defined ‘‘substantially all’’
to mean accounting for over 85% of the total
production of the domestic like product. See
Certain Orange Juice from Brazil: Preliminary
Results of Antidumping Duty Changed
Circumstances Review and Intent Not to Revoke, In
Part, 73 FR 60214 (October 10, 2008), unchanged
in Certain Orange Juice From Brazil: Final Results
of Antidumping Duty Changed Circumstances
Review, 74 FR 4733 (January 27, 2009).
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and Border Protection to liquidate
without regard to antidumping duties
and to refund any estimated
antidumping duties collected. See 19
CFR 351.222(g)(4). The current
requirement for a cash deposit of
estimated antidumping duties on
subject merchandise covered by the
Order will continue unless, and until,
we publish a final determination to
revoke.
Public Comment
Interested parties are invited to
comment on these preliminary results.
Parties who submit argument in this
proceeding are requested to submit with
the argument: (1) A statement of the
issue, and (2) a brief summary of the
argument. Any interested party may
request a hearing within 10 days of the
date of publication of this notice. Any
hearing, if requested, will be held no
later than 25 days after the date of
publication of this notice, or the first
workday thereafter. Case briefs may be
submitted by interested parties not later
than 21 days after the date of
publication of this notice. Rebuttal
briefs, limited to the issues raised in the
case briefs, may be filed not later than
5 days after the due date for case briefs.
All written comments shall be
submitted in accordance with 19 CFR
351.303. Persons interested in attending
the hearing should contact the
Department for the date and time of the
hearing. The Department will publish
the final results of this changed
circumstances review, including the
results of its analysis of issues raised in
any written comments.
The preliminary results of this review
and notice are in accordance with
sections 751(b)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(1).
Dated: June 9, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–14552 Filed 6–15–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of
China: Initiation of Changed
Circumstances Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
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Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Notices
information sufficient to warrant
initiation of a changed circumstances
review of the antidumping duty order
on certain new pneumatic off–the-road
tires (‘‘OTR tires’’) from the People’s
Republic of China (‘‘PRC’’). Specifically,
based upon a request filed by LingLong
North America LLC, d/b/a Atlas Tire
(‘‘Atlas Tire’’), an affiliated importer of
record, the Department is initiating a
changed circumstances review to
determine whether Shandong Linglong
Tyre Co., Ltd. (‘‘Shandong Linglong’’) is
the successor–in-interest to Zhaoyuan
Leo Rubber Co., Ltd. (‘‘Leo Rubber’’), a
separate–rate respondent in the original
investigation.
EFFECTIVE DATE: June 16, 2010.
FOR FURTHER INFORMATION CONTACT:
Raquel Silva or Charles Riggle, 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 or 202–482–0650,
respectively.
sroberts on DSKD5P82C1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2008, the
Department published in the Federal
Register an antidumping duty order on
OTR 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)
(‘‘Order’’). As part of that order, Leo
Rubber received the separate–rate
respondent amended rate of 12.91
percent. Id. at 51627. On April 21, 2010,
Atlas Tirefiled a submission requesting
that the Department conduct a changed
circumstances review of the Order to
confirm that Shandong Linglong is the
successor–in-interest to Leo Rubber. In
its submission, Atlas Tire provided an
Enterprise Changing List, an Ownership
Declaration, and business licenses for
Leo Rubber and Shandong Linglong
demonstrating that Leo Rubber has
changed its name to Shandong Linglong.
See Letter from Atlas Tire 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) (April 21, 2010).
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
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16:19 Jun 15, 2010
Jkt 220001
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
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
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.
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34099
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–type14 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
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).
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34100
Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Notices
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).
sroberts on DSKD5P82C1PROD with NOTICES
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
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16:19 Jun 15, 2010
Jkt 220001
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 Atlas Tire 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, 19935 (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, Atlas Tire has provided
sufficient evidence to warrant a review
to determine if Shandong Linglong is
the successor–in-interest to Leo Rubber.
Therefore, pursuant to section 751(b)(1)
of the Act and 19 CFR 351.216(d), we
are initiating a changed circumstances
review.
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
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Fmt 4703
Sfmt 4703
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: June 7, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–14539 Filed 6–15–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative and New-Shipper
Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to timely
requests, the Department of Commerce
(the Department) is conducting an
administrative review and a newshipper review of the antidumping duty
order on freshwater crawfish tail meat
from the People’s Republic of China
(PRC). The period of review (POR) is
September 1, 2008, through August 31,
2009.
With respect to the administrative
review, we have preliminarily
determined that sales have been made
below normal value by Xiping Opeck
Food Co., Ltd., Shanghai Ocean Flavor
International Trading Co., Ltd., China
Kingdom (Beijing) Import & Export Co.,
Ltd., and Xuzhou Jinjiang Foodstuffs
Co., Ltd.
With respect to the new-shipper
review, we have preliminarily
determined that Nanjing Gemsen
International Co., Ltd., has made sales
in the United States at prices below
normal value.
We invite interested parties to
comment on these preliminary results.
Parties who submit comments in this
review are requested to submit with
each argument (1) a statement of the
issue and (2) a brief summary of the
argument.
DATES:
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]]>Agencies
[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Notices]
[Pages 34098-34100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14539]
-----------------------------------------------------------------------
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 (``the Department'') has received
[[Page 34099]]
information sufficient to warrant initiation of a changed circumstances
review of the antidumping duty order on certain new pneumatic off-the-
road tires (``OTR tires'') from the People's Republic of China
(``PRC''). Specifically, based upon a request filed by LingLong North
America LLC, d/b/a Atlas Tire (``Atlas Tire''), an affiliated importer
of record, the Department is initiating a changed circumstances review
to determine whether Shandong Linglong Tyre Co., Ltd. (``Shandong
Linglong'') is the successor-in-interest to Zhaoyuan Leo Rubber Co.,
Ltd. (``Leo Rubber''), a separate-rate respondent in the original
investigation.
EFFECTIVE DATE: June 16, 2010.
FOR FURTHER INFORMATION CONTACT: Raquel Silva or Charles Riggle, 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 or 202-482-0650,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2008, the Department published in the Federal
Register an antidumping duty order on OTR 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) (``Order''). As part of that order, Leo Rubber received the
separate-rate respondent amended rate of 12.91 percent. Id. at 51627.
On April 21, 2010, Atlas Tirefiled a submission requesting that the
Department conduct a changed circumstances review of the Order to
confirm that Shandong Linglong is the successor-in-interest to Leo
Rubber. In its submission, Atlas Tire provided an Enterprise Changing
List, an Ownership Declaration, and business licenses for Leo Rubber
and Shandong Linglong demonstrating that Leo Rubber has changed its
name to Shandong Linglong. See Letter from Atlas Tire 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) (April 21, 2010).
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 written description of the scope is dispositive.
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\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).
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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
[[Page 34100]]
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).
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 Atlas Tire 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, 19935 (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, Atlas Tire has
provided sufficient evidence to warrant a review to determine if
Shandong Linglong is the successor-in-interest to Leo Rubber.
Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a changed circumstances review.
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: June 7, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-14539 Filed 6-15-10; 8:45 am]
BILLING CODE 3510-DS-S
