Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Changed Circumstances Review, 46914-46916 [2010-19196]
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46914
Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Notices
General updates are as follows.
Abundance estimates were updated for
41 stocks, and these updates did not
change the status of most stocks. The
new abundance for short-finned pilot
whales increased the PBR so that the
status of this stock was changed from
strategic to non-strategic. Information
updates for longline fisheries in the
Pacific Islands region are also included
in a fishery description appendix.
Where available, information on
subspecies designations has been
included in these reports to reflect local
taxonomic and conservation issues
(Perrin et al. 2009).
The former Hawaii stock of spinner
dolphin was renamed as the Hawaii
pelagic stock, and five new near-shore
stocks of spinner dolphins were
identified in the Hawaiian Exclusive
Economic Zone (EEZ). These new
spinner dolphin stocks are the Hawaii
(Island) stock, Oahu, Four Islands
(Maui, Molokai, Lanai, and Kahoolawe)
stock, Niihau stock, Kure-Midway stock,
and the Pearl and Hermes stock.
The SAR for the Hawaii stock of
bottlenose dolphin was renamed the
Hawaii pelagic stock, and four new
near-shore stocks were identified. The
new bottlenose dolphin stocks are the
Kauai-Niihau stock, Oahu stock, Four
Islands stock, and the Hawaii (Island)
stock.
Three new reports are added for
dolphin stocks incidentally taken in
longline fisheries or identified during
nearshore surveys around American
Samoa. American Samoa stocks are
added for spinner dolphins, false killer
whales, and rough-tooth dolphins.
Estimates of mortality and serious injury
are provided for false killer whales and
rough-toothed dolphins, but there are no
abundance estimates for the new
American Samoa stocks. Accordingly,
the status of each of the three new
American Samoa stocks is unknown.
There is a substantial revision of the
SAR for the Pacific Islands Stock
Complex of false killer whales. Key
revisions include stock identity and
range, a newly recognized fishery,
proration of incidental mortality and
serious injury among stocks and
fisheries, and abundance estimates for
animals south of the U.S. EEZ around
Hawaii. Revisions related to stock
identity and geographic range include
evidence that there is overlap in the
ranges of the HI insular and pelagic
stocks, both of which are exposed to
commercial fishing operations of the
Hawaii-based longline fisheries. The
identity of the pelagic stock was revised
to clarify that the stock occupies
international waters as well as the U.S.
EEZ around Hawaii; however, the
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geographic limits of the stock’s range are
unknown. The SAR also describes a
new commercial fishery, the HI
shortline fishery, for which there are
anecdotal reports of interactions with
false killer whales. Mortality and
serious injury of false killer whales
incidental to longline fishing are
allocated among false killer whale
stocks and fisheries by a statistical
algorithm, as recommended by the
Pacific SRG. The revised SAR also
includes an abundance estimate (and
PBR) calculated from a 2005 survey
south of the HI EEZ, including
international waters and the U.S. EEZ
surrounding Johnston Atoll.
Dated: July 29, 2010.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–19143 Filed 8–3–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of Changed
Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 8, 2010, the
Department of Commerce (‘‘the
Department’’) published a notice of
preliminary results 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’’).1 In the Preliminary
Results, the Department preliminarily
found that Mai Shandong Radial Tyre
Co., Ltd. (‘‘Mai Shandong’’) is not the
successor-in-interest to Shandong Jinyu
Tyre Co., Ltd. (‘‘Shandong Jinyu’’) for the
purposes of determining the
antidumping duty cash deposit rate for
Mai Shandong. For the final results, the
Department continues to find that Mai
Shandong is not the successor-ininterest to Shandong Jinyu.
DATES: Effective Date: August 4, 2010.
FOR FURTHER INFORMATION CONTACT:
Raquel Silva or Charles Riggle, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
AGENCY:
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Preliminary
Results of Changed Circumstances Review, 75 FR
32376 (June 8, 2010) (‘‘Preliminary Results’’).
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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.2 As part of the
Order, Shandong Jinyu received the
amended separate-rate respondent rate
of 12.91 percent.3 On September 14,
2009, Mai Shandong filed a submission
requesting that the Department conduct
a changed circumstances review of the
Order to confirm that it is the successorin-interest to Shandong Jinyu.4 As part
of its September 14, 2009, submission,
Mai Shandong requested that the
Department conduct an expedited
review.
In response to the request, the
Department initiated a changed
circumstances review of Mai Shandong
on November 10, 2009.5 However, the
Department found conclusive evidence
lacking and, therefore, determined an
expedited preliminary result was not
appropriate.6 Subsequent to initiation,
the Department issued, and Mai
Shandong responded to, an original and
several supplemental questionnaires
requesting additional information.
On June 8, 2010, the Department
published preliminary results of the
changed circumstances review, finding
Mai Shandong not to be the successorin-interest to Shandong Jinyu, and
invited interested parties to comment.7
We received no comments or requests
for a hearing from interested parties.
Scope of the Order
The products covered by the order are
new pneumatic tires designed for offthe-road 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
2 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’’).
3 See Id. at 51627.
4 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).
5 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Initiation of
Changed Circumstances Review, 74 FR 57999
(November 10, 2009).
6 See Id. at 58001.
7 See Preliminary Results.
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Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Notices
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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,8 combine harvesters,9
agricultural high clearance sprayers,10
industrial tractors,11 log-skidders,12
agricultural implements, highwaytowed implements, agricultural logging,
and agricultural, industrial, skid-steers/
mini-loaders; 13 (2) construction
vehicles and equipment, including
earthmover articulated dump products,
rigid frame haul trucks,14 front end
loaders,15 dozers,16 lift trucks, straddle
carriers,17 graders,18 mobile cranes,19
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-the8 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.
9 Combine harvesters are used to harvest crops
such as corn or wheat.
10 Agricultural sprayers are used to irrigate
agricultural fields.
11 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.
12 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.
13 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.
14 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.
15 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.
16 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.
17 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.
18 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 on to which
asphalt or other paving material will be laid.
19 I.e., ‘‘on-site’’ mobile cranes designed for offhighway use.
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road counterbalanced lift trucks.20 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 21 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
20 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.
21 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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46915
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).
Final Results of the Review
In the Preliminary Results, the
Department found that Mai
International’s acquisition of
approximately 90 percent equity in
Shandong Jinyu’s OTR tires business
resulted in a joint venture that is
majority owned and operated by a new,
foreign entity, with a new corporate
structure, changed management, and
significantly altered sales and marketing
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04AUN1
46916
Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Notices
operations.22 As a result, the
Department preliminarily determined
that Mai Shandong is a new entity that
operates in a significantly different
manner from Shandong Jinyu. The
Department did not receive any
comments on the preliminary results of
this review. For the same reasons stated
in the preliminary results, the
Department continues to find that Mai
Shandong is not the successor-ininterest to Shandong Jinyu for the
purposes of the antidumping duty
proceeding.23 Accordingly, Mai
Shandong remains subject to the PRCwide entity rate.
Notification
The Department will instruct U.S.
Customs and Border Protection that the
determination from this changed
circumstances review will apply to all
shipments of the subject merchandise
produced and exported by Mai
Shandong entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this changed circumstances
review. This cash deposit rate shall
remain in effect until publication of the
final results of the next administrative
review in which Mai Shandong
participates.
This notice also serves as a final
reminder to parties subject to
administrative protective orders
(‘‘APOs’’) of their responsibility
concerning the disposition of
proprietary information disclosed under
APO in accordance with 19 CFR
351.306. 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 sanctionable violation.
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as
amended, and 19 CFR 351.216.
Dated: July 28, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–19196 Filed 8–3–10; 8:45 am]
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BILLING CODE 3510–DS–P
22 See
23 See
Preliminary Results, 75 FR at 32377–78.
Id.
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Proposal for Minor Adjustments to
Optional Alternative Site Framework
The Foreign-Trade Zones (FTZ) Board
is inviting public comment on a staff
proposal to make minor adjustments to
the Board’s practice regarding the
alternative site framework (ASF)
adopted by the Board in December 2008
(74 FR 1170, 01/12/09; correction 74 FR
3987, 01/22/09) as an option for
grantees to designate and manage their
general-purpose FTZ sites. The
proposed adjustments focus on
eliminating the current requirement for
‘‘activation limits’’ on a site-specific
basis and on allowing more flexibility
regarding letters from jurisdictions
within a grantee’s proposed ‘‘service
area.’’
The first modification now proposed
for the ASF is to eliminate the current
requirement that each site of a
participating zone be assigned a specific
limit on the amount of space that can be
activated with U.S. Customs and Border
protection at that site. The original
intent of site-specific activation limits
was to help ensure compliance with the
overall 2,000-acre activation limit for
each general-purpose zone project.
However, feedback from grantees
indicates that the site-specific activation
limits are cumbersome in practice. This
is particularly true because a grantee
could face the burden of requesting
changes to site-specific activation limits
based on unforeseen circumstances in
the future.
In the period since the adoption of the
ASF proposal, the FTZ Board staff has
been developing a system (the Online
FTZ Information System—OFIS) to
make available via the internet a range
of information about every FTZ site.
OFIS will include user accounts for
grantees so that a grantee will be able to
update the information regarding the
amount of space activated at its sites as
new activations (or deactivations) occur.
Given that the OFIS functionality to
display FTZ site information on the
internet should be available for general
use within a few months, the Board staff
is now proposing that the tracking of
activated acreage via OFIS be adopted as
a substitute for the site-specific
activation limits. For any zone already
approved under the ASF or with a
pending application, the site-specific
activation limits contained in the
grantee’s application to reorganize
under the ASF would simply no longer
apply (with only the standard 2,000-acre
activation limit for each general-purpose
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Sfmt 9990
zone continuing to govern overall
activation within the zone).
The second modification proposed by
the FTZ Board staff is to allow more
flexibility regarding application
requirements for letters from
jurisdictions (ordinarily counties)
within the proposed service area. The
Board staff recognizes the challenge that
certain grantees have faced in obtaining
‘‘support’’ letters from jurisdictions,
particularly given the standard language
for such letters initially developed by
the staff as part of the implementation
of the ASF. As a result, the Board staff
proposes to allow the submission in
ASF reorganization applications of
letters from the jurisdictions which
simply (1) acknowledge that the
appropriate official(s) of the jurisdiction
is aware of the proposal to include the
jurisdiction in the service area of the
zone in question and (2) present any
views of the official(s) of the jurisdiction
on the proposal. This proposed
modification also recognizes that the
regulatory standard (15 CFR 400.23(a))
applicable to the review of such
applications includes a range of criteria,
one of which is the ‘‘views of State and
local public officials.’’
Public comment on these proposed
adjustments to the FTZ Board’s practice
regarding the ASF is invited from
interested parties. We ask that parties
submit their comments electronically to
ftz@trade.gov or fax a copy of their
comments, addressed to the Board’s
Executive Secretary, to (202) 482–0002.
We also ask that parties submit the
original of their comments to the
Board’s Executive Secretary at the
following address: U.S. Department of
Commerce, Room 2111, 1401
Constitution Ave. NW., Washington, DC
20230. The closing period for the receipt
of public comments is September 3,
2010. Any questions about this request
for comments may be directed to the
FTZ Board staff at (202) 482–2862.
Dated: July 30, 2010.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2010–19139 Filed 8–3–10; 8:45 am]
BILLING CODE P
E:\FR\FM\04AUN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Notices]
[Pages 46914-46916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19196]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 8, 2010, the Department of Commerce (``the
Department'') published a notice of preliminary results 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'').\1\ In the Preliminary Results, the Department
preliminarily found that Mai Shandong Radial Tyre Co., Ltd. (``Mai
Shandong'') is not the successor-in-interest to Shandong Jinyu Tyre
Co., Ltd. (``Shandong Jinyu'') for the purposes of determining the
antidumping duty cash deposit rate for Mai Shandong. For the final
results, the Department continues to find that Mai Shandong is not the
successor-in-interest to Shandong Jinyu.
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Preliminary Results of Changed
Circumstances Review, 75 FR 32376 (June 8, 2010) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: August 4, 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.\2\ As
part of the Order, Shandong Jinyu received the amended separate-rate
respondent rate of 12.91 percent.\3\ On September 14, 2009, Mai
Shandong filed a submission requesting that the Department conduct a
changed circumstances review of the Order to confirm that it is the
successor-in-interest to Shandong Jinyu.\4\ As part of its September
14, 2009, submission, Mai Shandong requested that the Department
conduct an expedited review.
---------------------------------------------------------------------------
\2\ 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'').
\3\ See Id. at 51627.
\4\ 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).
---------------------------------------------------------------------------
In response to the request, the Department initiated a changed
circumstances review of Mai Shandong on November 10, 2009.\5\ However,
the Department found conclusive evidence lacking and, therefore,
determined an expedited preliminary result was not appropriate.\6\
Subsequent to initiation, the Department issued, and Mai Shandong
responded to, an original and several supplemental questionnaires
requesting additional information.
---------------------------------------------------------------------------
\5\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Initiation of Changed Circumstances
Review, 74 FR 57999 (November 10, 2009).
\6\ See Id. at 58001.
---------------------------------------------------------------------------
On June 8, 2010, the Department published preliminary results of
the changed circumstances review, finding Mai Shandong not to be the
successor-in-interest to Shandong Jinyu, and invited interested parties
to comment.\7\ We received no comments or requests for a hearing from
interested parties.
---------------------------------------------------------------------------
\7\ See Preliminary Results.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are new pneumatic tires designed
for off-the-road 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
[[Page 46915]]
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,\8\
combine harvesters,\9\ agricultural high clearance sprayers,\10\
industrial tractors,\11\ log-skidders,\12\ agricultural implements,
highway-towed implements, agricultural logging, and agricultural,
industrial, skid-steers/mini-loaders; \13\ (2) construction vehicles
and equipment, including earthmover articulated dump products, rigid
frame haul trucks,\14\ front end loaders,\15\ dozers,\16\ lift trucks,
straddle carriers,\17\ graders,\18\ mobile cranes,\19\ 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.\20\ 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 \21\ 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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\8\ 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.
\9\ Combine harvesters are used to harvest crops such as corn or
wheat.
\10\ Agricultural sprayers are used to irrigate agricultural
fields.
\11\ 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.
\12\ 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.
\13\ 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.
\14\ 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.
\15\ 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.
\16\ 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.
\17\ 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.
\18\ 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 on to which asphalt
or other paving material will be laid.
\19\ I.e., ``on-site'' mobile cranes designed for off-highway
use.
\20\ 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.
\21\ 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 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).
Final Results of the Review
In the Preliminary Results, the Department found that Mai
International's acquisition of approximately 90 percent equity in
Shandong Jinyu's OTR tires business resulted in a joint venture that is
majority owned and operated by a new, foreign entity, with a new
corporate structure, changed management, and significantly altered
sales and marketing
[[Page 46916]]
operations.\22\ As a result, the Department preliminarily determined
that Mai Shandong is a new entity that operates in a significantly
different manner from Shandong Jinyu. The Department did not receive
any comments on the preliminary results of this review. For the same
reasons stated in the preliminary results, the Department continues to
find that Mai Shandong is not the successor-in-interest to Shandong
Jinyu for the purposes of the antidumping duty proceeding.\23\
Accordingly, Mai Shandong remains subject to the PRC-wide entity rate.
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\22\ See Preliminary Results, 75 FR at 32377-78.
\23\ See Id.
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Notification
The Department will instruct U.S. Customs and Border Protection
that the determination from this changed circumstances review will
apply to all shipments of the subject merchandise produced and exported
by Mai Shandong entered, or withdrawn from warehouse, for consumption
on or after the date of publication of the final results of this
changed circumstances review. This cash deposit rate shall remain in
effect until publication of the final results of the next
administrative review in which Mai Shandong participates.
This notice also serves as a final reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216.
Dated: July 28, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-19196 Filed 8-3-10; 8:45 am]
BILLING CODE 3510-DS-P
