Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Rescission of Changed Circumstances Review, 4298-4299 [2011-1401]
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4298
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
imposed, shall remain in effect until
further notice.
this CCR. The Department is now
rescinding this CCR.
Notification to Importers
FOR FURTHER INFORMATION CONTACT:
This notice serves as a preliminary
reminder to importers of its
responsibility under 19 CFR
351.402(f)(2) 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 Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B) and 777(i) of the Act, and
19 CFR 351.214(h) and 351.221(b)(4).
Dated: January 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–1381 Filed 1–24–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Raquel Silva or Erin Begnal, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–6475 or (202) 482–
1442.
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, Leo Rubber, as a separate rate
respondent that was not individually
reviewed, was granted separate rate
status and received the weightedaverage dumping margin of 12.91
percent.3
On April 21, 2010, Atlas Tire filed a
submission requesting that the
Department conduct a CCR of the
Order.4 On June 16, 2010, the
Department initiated a CCR of the
antidumping duty order on OTR tires.5
On December 8, 2010, Atlas Tire
withdrew its request for a CCR.6
[A–570–912]
Scope of the Order
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Notice of Rescission of
Changed Circumstances Review
The products covered by the order are
new pneumatic tires designed for offthe-road (‘‘OTR’’) and off-highway use,
subject to exceptions identified below.
Certain OTR tires are generally
designed, manufactured and offered for
sale for use on off-road or off-highway
surfaces, including but not limited to,
agricultural fields, forests, construction
sites, factory and warehouse interiors,
airport tarmacs, ports and harbors,
mines, quarries, gravel yards, and steel
mills. The vehicles and equipment for
which certain OTR tires are designed for
use include, but are not limited to: (1)
Agricultural and forestry vehicles and
equipment, including agricultural
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 25, 2011.
SUMMARY: On June 16, 2010, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register a notice of initiation of a
changed circumstances review (‘‘CCR’’)
of the antidumping duty order on
certain new pneumatic off-the-road tires
(‘‘OTR tires’’) from the People’s Republic
of China (‘‘PRC’’) in order to determine
whether Shandong Linglong Tyre Co.,
Ltd. (‘‘Shandong Linglong’’) is the
successor-in-interest to Zhaoyuan Leo
Rubber Co., Ltd. (‘‘Leo Rubber’’) for the
purpose of determining antidumping
duty liability.1 On December 8, 2010,
Ling Long North America LLC, doing
business as Atlas Tire, an affiliated
importer of record and the requesting
party, submitted a request to rescind
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY:
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Initiation of
Changed Circumstances Review, 75 FR 34098 (June
16, 2010) (‘‘Initiation Notice’’).
VerDate Mar<15>2010
18:40 Jan 24, 2011
Jkt 223001
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 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, dated April 21,
2010.
5 See Initiation Notice.
6 See Letter from Atlas Tire to the Department
regarding: Certain New Pneumatic Off-The-Road
Tires from the People’s Republic of China,
Rescission Request, dated December 8, 2010.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
tractors,7 combine harvesters,8
agricultural high clearance sprayers,9
industrial tractors,10 log-skidders,11
agricultural implements, highwaytowed implements, agricultural logging,
and agricultural, industrial, skid-steers/
mini-loaders;12 (2) construction vehicles
and equipment, including earthmover
articulated dump products, rigid frame
haul trucks,13 front end loaders,14
dozers,15 lift trucks, straddle carriers,16
graders,17 mobile cranes,18 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.19 The
7 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.
8 Combine harvesters are used to harvest crops
such as corn or wheat.
9 Agricultural sprayers are used to irrigate
agricultural fields.
10 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.
11 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.
12 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.
13 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.
14 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.
15 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.
16 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.
17 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.
18 i.e., ‘‘on-site’’ mobile cranes designed for offhighway use.
19 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.
E:\FR\FM\25JAN1.SGM
25JAN1
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
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 20 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:
mstockstill on DSKH9S0YB1PROD with NOTICES
Prefix Letter Designations
• P—Identifies a tire intended
primarily for service on passenger cars;
20 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).
VerDate Mar<15>2010
19:39 Jan 24, 2011
Jkt 223001
• 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).
Rescission of Changed Circumstances
Review
Although it does not specifically
reference changed circumstances
reviews, section 351.213(d)(1) of the
Department’s regulations provides that
the Department will rescind an
administrative review if the party
requesting the review withdraws its
request within 90 days of the date of
publication of the notice of initiation of
the requested review. The Department’s
practice has been to apply this 90-day
deadline to changed circumstances
review rescission requests.21 However,
19 CFR 351.213(d)(1) also provides that
the Department may extend the 90-day
21 See, e.g., Certain Frozen Warmwater Shrimp
from India: Notice of Rescission of Antidumping
Duty Changed Circumstances Review, 75 FR 51756
(August 23, 2010).
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
4299
time limit for withdrawing the request
for an administrative review if we
determine that it is reasonable to do so.
In this case, Atlas Tire requested a
rescission of this review on December 8,
2010, which is beyond 90 days from the
date of initiation. However, we note that
no interested party, including the
petitioner, has objected to Atlas Tire’s
rescission request. Additionally, the
Department has not expended
significant resources conducting this
review. Therefore, we determine that it
is reasonable to extend the 90-day time
limit in this instance. Consequently, the
Department has accepted Atlas Tire’s
rescission request in this case as timely
and is now rescinding this CCR. U.S.
Customs and Border Protection will
continue to suspend entries of subject
merchandise at the appropriate cash
deposit rate for all entries of OTR tires
from the PRC.
Notification
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
351.305(a)(3). 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: January 14, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011–1401 Filed 1–24–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Sea Grant Advisory Board;
Meeting
National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of public meeting.
AGENCY:
This notice sets forth the
schedule and proposed agenda of a
forthcoming meeting of the Sea Grant
Advisory Board (Board). Board members
SUMMARY:
E:\FR\FM\25JAN1.SGM
25JAN1
]]>Agencies
[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4298-4299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1401]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Notice of Rescission of Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 25, 2011.
SUMMARY: On June 16, 2010, the Department of Commerce (``the
Department'') published in the Federal Register a notice of initiation
of a changed circumstances review (``CCR'') of the antidumping duty
order on certain new pneumatic off-the-road tires (``OTR tires'') from
the People's Republic of China (``PRC'') in order to determine whether
Shandong Linglong Tyre Co., Ltd. (``Shandong Linglong'') is the
successor-in-interest to Zhaoyuan Leo Rubber Co., Ltd. (``Leo Rubber'')
for the purpose of determining antidumping duty liability.\1\ On
December 8, 2010, Ling Long North America LLC, doing business as Atlas
Tire, an affiliated importer of record and the requesting party,
submitted a request to rescind this CCR. The Department is now
rescinding this CCR.
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Initiation of Changed Circumstances
Review, 75 FR 34098 (June 16, 2010) (``Initiation Notice'').
FOR FURTHER INFORMATION CONTACT: Raquel Silva or Erin Begnal, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
6475 or (202) 482-1442.
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, Leo Rubber, as a separate rate respondent that was
not individually reviewed, was granted separate rate status and
received the weighted-average dumping margin of 12.91 percent.\3\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
On April 21, 2010, Atlas Tire filed a submission requesting that
the Department conduct a CCR of the Order.\4\ On June 16, 2010, the
Department initiated a CCR of the antidumping duty order on OTR
tires.\5\ On December 8, 2010, Atlas Tire withdrew its request for a
CCR.\6\
---------------------------------------------------------------------------
\4\ 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, dated April 21,
2010.
\5\ See Initiation Notice.
\6\ See Letter from Atlas Tire to the Department regarding:
Certain New Pneumatic Off-The-Road Tires from the People's Republic
of China, Rescission Request, dated December 8, 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,\7\ combine
harvesters,\8\ agricultural high clearance sprayers,\9\ industrial
tractors,\10\ log-skidders,\11\ agricultural implements, highway-towed
implements, agricultural logging, and agricultural, industrial, skid-
steers/mini-loaders;\12\ (2) construction vehicles and equipment,
including earthmover articulated dump products, rigid frame haul
trucks,\13\ front end loaders,\14\ dozers,\15\ lift trucks, straddle
carriers,\16\ graders,\17\ mobile cranes,\18\ 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.\19\ The
[[Page 4299]]
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 \20\ 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.
---------------------------------------------------------------------------
\7\ 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.
\8\ Combine harvesters are used to harvest crops such as corn or
wheat.
\9\ Agricultural sprayers are used to irrigate agricultural
fields.
\10\ 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.
\11\ 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.
\12\ 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.
\13\ 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.
\14\ 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.
\15\ 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.
\16\ 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.
\17\ 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.
\18\ i.e., ``on-site'' mobile cranes designed for off-highway
use.
\19\ 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.
\20\ While tube-type tires are subject to the scope of this
proceeding, tubes and flaps are not subject merchandise and
therefore are not covered by the scope of this proceeding,
regardless of the manner in which they are sold (e.g., sold with or
separately from subject merchandise).
---------------------------------------------------------------------------
Specifically excluded from the scope are new pneumatic tires
designed, manufactured and offered for sale primarily for on-highway or
on-road use, including passenger cars, race cars, station wagons, sport
utility vehicles, minivans, mobile homes, motorcycles, bicycles, on-
road or on-highway trailers, light trucks, and trucks and buses. Such
tires generally have in common that the symbol ``DOT'' must appear on
the sidewall, certifying that the tire conforms to applicable motor
vehicle safety standards. Such excluded tires may also have the
following designations that are used by the Tire and Rim Association:
Prefix Letter Designations
P--Identifies a tire intended primarily for service on
passenger cars;
LT--Identifies a tire intended primarily for service on
light trucks; and,
ST--Identifies a special tire for trailers in highway
service.
Suffix Letter Designations
TR--Identifies a tire for service on trucks, buses, and
other vehicles with rims having specified rim diameter of nominal plus
0.156'' or plus 0.250'';
MH--Identifies tires for Mobile Homes;
HC--Identifies a heavy duty tire designated for use on
``HC'' 15'' tapered rims used on trucks, buses, and other vehicles.
This suffix is intended to differentiate among tires for light trucks,
and other vehicles or other services, which use a similar designation.
Example: 8R17.5 LT, 8R17.5 HC;
LT--Identifies light truck tires for service on trucks,
buses, trailers, and multipurpose passenger vehicles used in nominal
highway service; and
MC--Identifies tires and rims for motorcycles.
The following types of tires are also excluded from the scope:
pneumatic tires that are not new, including recycled or retreaded tires
and used tires; non-pneumatic tires, including solid rubber tires;
tires of a kind designed for use on aircraft, all-terrain vehicles, and
vehicles for turf, lawn and garden, golf and trailer applications. Also
excluded from the scope are radial and bias tires of a kind designed
for use in mining and construction vehicles and equipment that have a
rim diameter equal to or exceeding 39 inches. Such tires may be
distinguished from other tires of similar size by the number of plies
that the construction and mining tires contain (minimum of 16) and the
weight of such tires (minimum 1500 pounds).
Rescission of Changed Circumstances Review
Although it does not specifically reference changed circumstances
reviews, section 351.213(d)(1) of the Department's regulations provides
that the Department will rescind an administrative review if the party
requesting the review withdraws its request within 90 days of the date
of publication of the notice of initiation of the requested review. The
Department's practice has been to apply this 90-day deadline to changed
circumstances review rescission requests.\21\ However, 19 CFR
351.213(d)(1) also provides that the Department may extend the 90-day
time limit for withdrawing the request for an administrative review if
we determine that it is reasonable to do so. In this case, Atlas Tire
requested a rescission of this review on December 8, 2010, which is
beyond 90 days from the date of initiation. However, we note that no
interested party, including the petitioner, has objected to Atlas
Tire's rescission request. Additionally, the Department has not
expended significant resources conducting this review. Therefore, we
determine that it is reasonable to extend the 90-day time limit in this
instance. Consequently, the Department has accepted Atlas Tire's
rescission request in this case as timely and is now rescinding this
CCR. U.S. Customs and Border Protection will continue to suspend
entries of subject merchandise at the appropriate cash deposit rate for
all entries of OTR tires from the PRC.
---------------------------------------------------------------------------
\21\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Notice of Rescission of Antidumping Duty Changed Circumstances
Review, 75 FR 51756 (August 23, 2010).
---------------------------------------------------------------------------
Notification
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 351.305(a)(3). 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: January 14, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2011-1401 Filed 1-24-11; 8:45 am]
BILLING CODE 3510-DS-P
