Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Initiation of Countervailing Duty Investigation, 42285-42289 [2014-17096]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices
Background
Title 13 United States Code (U.S.C.),
Section 402, Title 22 U.S.C., Section
3104(d), and Section 524(a) of the
CIPSEA (44 U.S.C. 3501 note) allow
BEA and Census to share certain
business data for exclusively statistical
purposes. Section 524(d) of the CIPSEA
requires us to publish a Federal Register
notice announcing our intent to share
data (allowing 60 days for public
comment), since BEA respondents were
required by law to report the data.
Section 524(d) also requires us to
provide information about the terms of
the agreement for data sharing. For
purposes of this notice, BEA has
decided to group these terms by three
categories. The categories are:
• Shared data.
• Statistical purposes for the shared
data.
• Data access and confidentiality.
emcdonald on DSK67QTVN1PROD with NOTICES
Shared Data
BEA proposes to provide Census with
data collected in the benchmark and
annual surveys of U.S. direct investment
abroad and of foreign direct investment
in the United States. Census will use
these data for statistical purposes
exclusively.
Statistical Purposes for the Shared Data
Data collected in the benchmark and
annual surveys of direct investment are
used to develop estimates of the
financing and operations of U.S. parent
companies, their foreign affiliates, and
U.S. affiliates of foreign companies.
These estimates are published in the
Survey of Current Business, BEA’s
monthly journal; in other BEA
publications; and on BEA’s Web site at
https://www.bea.gov/. All data to be
shared by BEA are collected pursuant to
the International Investment and Trade
in Services Survey Act (22 U.S.C. 3101–
3108).
The data set created by linking these
data with data from the Census COS
will be used for several purposes by
both agencies, such as validating data
collected on, and improving the sample
of, the COS and assisting both agencies
in developing specific questionnaire
language to measure topics related to
economic globalization, such as
international trade in contract
manufacturing services and intellectual
property.
Data Access and Confidentiality
Title 22, U.S.C., Section 3104(c),
protects the confidentiality of these
data. The data may be seen only by
persons sworn to uphold the
confidentiality of the information.
Access to the shared data will be
VerDate Mar<15>2010
17:14 Jul 18, 2014
Jkt 232001
restricted to specifically authorized
personnel and will be provided for
statistical purposes only. Any results of
this research are subject to BEA and
Census disclosure protection. All
Census employees with access to BEA
data will become BEA Special Sworn
Employees—meaning that they, under
penalty of law, must uphold the data’s
confidentiality. All BEA employees with
access to Census data will become
special sworn agents of the Census
Bureau—meaning that they, under
penalty of law, must uphold the data’s
confidentiality.
Dated: July 9, 2014.
Brian Moyer,
Acting Director, Bureau of Economic
Analysis.
[FR Doc. 2014–17006 Filed 7–18–14; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective: July 21, 2014.
FOR FURTHER INFORMATION CONTACT:
Emily Halle or Kaitlin Wojnar, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0176 or (202) 482–
3857, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On June 3, the Department of
Commerce (the Department) received a
countervailing duty (CVD) petition
concerning imports of passenger vehicle
and light truck tires (certain passenger
tires) from the People’s Republic of
China (PRC), filed in proper form on
behalf of the United Steel, Paper and
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL–CIO,
CLC (Petitioner).1 The CVD Petition was
accompanied by an antidumping duty
(AD) petition concerning passenger tires
1 See ‘‘Petition for the Imposition of
Countervailing Duties on Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China,’’ June 3, 2014 (CVD Petition).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
42285
from the PRC.2 Petitioner is a
recognized union, which represents the
domestic industry engaged in the
manufacture of passenger vehicle tires
in the United States. On June 6, 2014,
the Department requested further
information and clarification regarding
certain general portions of the AD
Petition and the CVD Petition.3 On June
6, 2014, the Department also requested
further information and clarification
regarding certain portions of the CVD
Petition.4 Petitioner filed its responses
to these requests on June 10, 2014,5 and,
as allowed by an extension granted by
the Department,6 June 11, 2014.7
Because it was not clear from the
Petitions whether the industry support
criteria had been met, the Department
extended the time for initiating this
investigation in order to further examine
the issue of industry support by 20
additional days.8 The extended
initiation determination date of July 13,
2014, falls on a Sunday, a non-business
day, so the Department’s initiation
determination is due no later than July
14, 2014, the next business day.9
2 See ‘‘Petition for the Imposition of Antidumping
Duties on Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China,’’
June 3, 2014 (AD Petition).
3 See Letter to Petitioner, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Passenger Vehicle and
Light Truck Tires from the People’s Republic of
China: Supplemental Questions,’’ June 6, 2014
(General Issues Supplemental Questions).
4 See Letter to Petitioner, ‘‘Petitions for the
Imposition of Countervailing Duties on Imports of
Certain Passenger Vehicle and Light Truck Tires
from the People’s Republic of China: Supplemental
Questions,’’ June 6, 2014.
5 See Letter from Petitioner, ‘‘Certain Passenger
Vehicle and Light Truck Tires from tire People’s
Republic of China—Petitioner’s Response to the
Department’s June 6, 2014 Supplemental Questions
regarding General Issues,’’ June 10, 2014; see also
Letter from Petitioner, ‘‘Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China—Petitioner’s Response to the Department’s
June 6, 2014 Supplemental Questions Regarding the
Countervailing Duty Petition,’’ June 10, 2014.
6 See Letter to Petitioner, ‘‘Request for Extension
of Time to Submit a Response to the Department
of Commerce’s June 6, 2014 Supplemental
Questionnaire (Question 16 only) Regarding the
Petition for the Imposition of Countervailing Duties
on Imports of Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China,’’
June 10, 2014.
7 See Letter from Petitioner, ‘‘Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China—Petitioner’s Submission of
Additional Information in Response to Question 16
of the Department’s June 6, 2014 Supplemental
Questions Regarding the Countervailing Duty
Petition Response to Question 16 of the CVD
Supplemental Questions,’’ June 11, 2014.
8 See Notice of Extension of the Deadline for
Determining the Adequacy of the Antidumping and
Countervailing Duty Petitions: Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China, 79 FR 35725 (June 24, 2014).
9 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
E:\FR\FM\21JYN1.SGM
Continued
21JYN1
42286
Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), Petitioner alleges that the
Government of the PRC (the GOC) is
providing countervailable subsidies, as
defined by sections 701 and 771(5) of
the Act, with respect to imports of
certain passenger tires from the PRC,
and that such imports are materially
injuring, or threaten material injury to,
the domestic industry producing certain
passenger tires in the United States. The
Department finds that Petitioner filed
the CVD Petition on behalf of the
domestic industry because Petitioner is
an interested party, within the meaning
of section 771(9)(D) of the Act, and has
demonstrated sufficient industry
support with respect to the initiation of
the investigation it is requesting.
days from the signature date of this
notice.13 Any rebuttal comments, which
may include factual information, must
be filed by 5:00 p.m. ET on August 14,
2014, which is 10 calendar days after
the initial comments. The Department
requests that any factual information the
parties consider relevant to the scope of
the investigation be submitted during
this time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigation may be
relevant, the party may contact the
Department and request permission to
submit the additional information. All
such comments must be filed on the
records of this CVD investigation and
the concurrent AD investigation.
Period of Investigation
The period of investigation (POI) is
January 1, 2013, through December, 31,
2013.
Filing Requirements
emcdonald on DSK67QTVN1PROD with NOTICES
Scope of Investigation
The products covered by this
investigation are certain passenger tires
from the PRC. For a full description of
the scope of this investigation, see
‘‘Scope of Investigation’’ at the
Appendix of this notice.
Comments on the Scope of the
Investigation
During our review of the CVD
Petition, the Department issued
questions to, and received responses
from, Petitioner pertaining to the
proposed scope in order to ensure that
the language of the scope in the CVD
Petition is an accurate reflection of the
products for which the domestic
industry is seeking relief.10 As
discussed in the Preamble to the
Department’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).11 The period for scope
comments is intended to provide the
Department with ample opportunity to
consider all comments and to consult
with parties prior to the issuance of the
preliminary determination. If scope
comments include factual
information,12 all such factual
information should be limited to public
information. All comments must be
filed by 5:00 p.m. Eastern Time (ET) on
August 4, 2014, which is 20 calendar
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005)
(Next Business Day Rule).
10 See General Issues Supplemental Questions.
11 See Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27323 (May 19,
1997).
12 See 19 CFR 351.102(b)(21).
VerDate Mar<15>2010
17:14 Jul 18, 2014
Jkt 232001
All submissions to the Department
must be filed electronically, using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS).14 An electronically-filed
document must be successfully
received, in its entirety, by 5:00 p.m. ET
on the date specified by the
Department.15 Documents excepted
from the electronic submission
requirements must be filed manually
(i.e., in paper form) with Enforcement
and Compliance’s APO/Dockets Unit,
Room 1870, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
and stamped with the date and time of
receipt by the established deadline.16
Consultations
Pursuant to section 702(b)(4)(A)(ii) of
the Act, the Department invited
representatives of the GOC to participate
in consultations regarding the CVD
13 As 20 days from the signature date will be
Saturday August 2, 2014, the next business day for
filing comments will be Monday August 4, 2014.
See Next Business Day Rule.
14 For general filing requirements, see 19 CFR
351.303.
15 Id.; see also 19 CFR 351.301 (for general time
limits for the submission of factual information).
16 See 19 CFR 351.303(b). For details regarding
the Department’s electronic filing requirements, see
Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative
Protective Order Procedures, 76 FR 39263 (July 6,
2011). Information regarding IA ACCESS assistance
can be found at
https://iaaccess.trade.gov/help.aspx, and a
handbook can be found at https://iaaccess.
trade.gov/help/Handbook%20on%20Electronic
%20Filling%20Procedures.pdf.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Petition.17 Consultations with the GOC
were held on June 17, 2014.18
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
industry.
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The U.S.
International Trade Commission (ITC),
which is responsible for determining
whether ‘‘the domestic industry’’ has
been injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product, they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.19
17 See Letter to Liu Fang, First Secretary, Embassy
of China in the United States of America,
‘‘Countervailing Duty Petition on Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China,’’ June 3, 2014.
18 See Memorandum, ‘‘Countervailing Duty
Petition on Passenger Vehicle and Light Truck Tires
from the People’s Republic of China:
Consultations,’’ June 18, 2014.
19 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
E:\FR\FM\21JYN1.SGM
21JYN1
Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the Petition).
With regard to the domestic like
product, Petitioner does not offer a
definition of domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we determine that certain
passenger tires, as defined in the scope
of the investigation, constitute a single
domestic like product and we analyzed
industry support in terms of that single
domestic like product.20
On June 12, 2014, we received
comments on industry support from the
Sub-Committee of Tire Producers of the
China Chamber of Commerce of Metals,
Minerals & Chemical Importers and the
China Rubber Industry Association.21
Petitioner responded to these comments
on June 16 and 17, 2014.22 In a meeting
on July 8, 2014, the Government of the
PRC also commented on industry
support for the Petition.23
On June 17, 2014, the Department
extended the initiation deadline by 20
days to poll the domestic industry in
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
20 See Countervailing Duty Investigation
Initiation Checklist: Certain Passenger Vehicle and
Light Truck Tires from the People’s Republic of
China (CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China (Attachment II). This
checklist is dated concurrently with this notice and
on file electronically via IA ACCESS. Access to
documents filed via IA ACCESS is also available in
the Central Records Unit (CRU), Room 7046 of the
main Department of Commerce building.
21 See Letter, ‘‘Request to Poll the Domestic
Industry to Determine Petitioner Standing: Certain
Passenger Vehicle and Light Truck Tires from
China,’’ June 12, 2014.
22 See Letter from Petitioner, ‘‘Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China—Petitioner’s Response to
CCCMC and CRIA’s Request to Poll the Industry,’’
June 16, 2014; see also .Letter from Petitioner,
‘‘Certain Passenger Vehicle and Light Truck Tires
from the People’s Republic of China—Additional
Information in Response to CCCMC and CRIA’s
Request to Poll the Industry,’’ June 17, 2014.
23 See Memorandum, ‘‘Antidumping Duty
Investigation of 1,1,1,2-Tetrafluoroethane from the
People’s Republic of China and the Antidumping
Duty and Countervailing Duty Petitions for Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Meeting with Officials
from the Government of the People’s Republic of
China,’’ July 9, 2014.
VerDate Mar<15>2010
17:51 Jul 18, 2014
Jkt 232001
accordance with section 702(c)(4)(D) of
the Act, because it was ‘‘not clear from
the Petitions whether the industry
support criteria have been met. . . .’’ 24
On June 20, 2014, we issued polling
questionnaires to all known producers
of certain passenger tires in the United
States, identified in the Petition and by
the ITC, as well as all known unions,
employee organizations, or ad hoc
groups of workers.25 We requested that
the companies/workers complete the
polling questionnaire and certify their
responses by the due date specified in
the cover letter to the questionnaire.26
Petitioner provided comments on the
polling questionnaire responses on July
8, 2014.27
Our analysis of the data we received
in the polling questionnaire responses
indicates that the domestic producers
and workers that support the Petition
account for at least 25 percent of the
total production of the domestic like
product and more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.28 Accordingly, the
Department determines that the
industry support requirements of
section 702(c)(4)(A) of the Act have
been met. Therefore, the Department
determines that Petitioner filed this
Petition on behalf of the domestic
industry in accordance with section
702(b)(1) because it is an interested
party as defined in section 771(9)(D) of
the Act and it demonstrated sufficient
industry support with respect to the
CVD investigation that it is requesting
the Department initiate.
Injury Test
Because the PRC is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from the PRC
24 See Notice of Extension of the Deadline for
Determining the Adequacy of the Antidumping
Duty and Countervailing Duty Petitions: Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China, 79 FR 35725, 35726
(June 24, 2014).
25 See Memorandum, ‘‘Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China: Polling Questionnaire,’’ June 20, 2014.
26 For a detailed discussion of the responses
received, see CVD Initiation Checklist at
Attachment II. The polling questionnaire and
questionnaire responses are on file electronically
via IA ACCESS and can also be accessed through
the CRU.
27 See Letter from Petitioner, ‘‘Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China—Petitioner’s Comments on
Polling Responses,’’ dated July 8, 2014.
28 See CVD Initiation Checklist, at Attachment II.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
42287
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
Petitioner alleges that imports of the
subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, Petitioner alleges
that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.
Petitioner contends that the industry’s
injured condition is illustrated by
reduced market share; underselling and
price depression or suppression; lost
sales and revenues; direct replacement
of domestic shipments by subject
imports; decline in shipments, reduced
sales volumes, and production
curtailments; decline in capacity
utilization and reduced capacity
allocated to U.S. production of certain
passenger tires; decline in employment;
adverse impact on union contract
negotiations; and adverse impact on
financial performance. We assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, and causation, and we
have determined that these allegations
are properly supported by adequate
evidence and meet the statutory
requirements for initiation.
Initiation of CVD Investigation
Section 702(b)(1) of the Act requires
the Department to initiate a CVD
investigation whenever an interested
party files a CVD petition on behalf of
an industry that: (1) Alleges the
elements necessary for an imposition of
a duty under section 701(a) of the Act;
and (2) is accompanied by information
reasonably available to the petitioner
supporting the allegations. In the CVD
Petition, Petitioner alleges that
producers/exporters of passenger tires
in the PRC benefited from
countervailable subsidies bestowed by
the government. The Department
examined the CVD Petition and finds
that it complies with the requirements
of section 702(b)(1) of the Act.
Therefore, in accordance with section
702(b)(1) of the Act, we are initiating a
CVD investigation to determine whether
manufacturers, producers, or exporters
of certain passenger tires from the PRC
receive countervailable subsidies from
the GOC.
Based on our review of the CVD
Petition, we find that there is sufficient
information to initiate a CVD
investigation on certain alleged
programs. For a full discussion of the
E:\FR\FM\21JYN1.SGM
21JYN1
42288
Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices
basis for our decision to initiate or not
to initiate on each program, see the CVD
Initiation Checklist, which accompanies
this notice. A public version of the CVD
Initiation Checklist is available on IA
ACCESS.
Respondent Selection
For this investigation, the Department
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for United States imports of
subject merchandise during the POI
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
numbers: 4011.10.10.10, 4011.10.10.20,
4011.10.10.30, 4011.10.10.40,
4011.10.10.50, 4011.10.10.60,
4011.10.10.70, 4011.10.50.00,
4011.20.10.05, 4011.20.50.10,
4011.99.45.00, and 4011.99.85.00. We
intend to release the CBP data under
Administrative Protective Order (APO)
to all parties with access to information
protected by APO shortly after the
announcement of this case initiation.
Interested parties seeking access to
proprietary information including the
CBP data must submit applications for
disclosure under APO in accordance
with 19 CFR 351.305(b). Instructions for
filing such applications may be found at
https://enforcement.trade.gov/apo/.
Interested parties may submit comments
regarding the CBP data and respondent
selection by 5:00 p.m. ET on the seventh
calendar day after publication of this
notice. Comments must be filed in
accordance with the requirements
discussed above in the ‘‘Filing
Requirements’’ section of this notice. If
respondent selection is necessary, we
intend to base our decision regarding
respondent selection upon comments
received from interested parties and our
analysis of the record information
within 20 days of publication of this
notice.
emcdonald on DSK67QTVN1PROD with NOTICES
Distribution of Copies of the Petition
Pursuant to section 702(b)(4)(A)(i) of
the Act and 19 CFR 351.202(f), a copy
of the public version of the Petitions has
been provided to the GOC via IA
ACCESS. Because of the particularly
large number of producers/exporters
identified in the Petition, the
Department considers the service of the
public version of the Petition to the
foreign producers/exporters to be
satisfied by the provision of the public
version of the Petition to the
Government of the PRC, consistent with
19 CFR 351.203(c)(2).
ITC Notification
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 25 days after the date on which
ITC receives notice from the Department
of initiation of the investigation,
whether there is a reasonable indication
that imports of passenger tires from the
PRC are materially injuring, or threaten
to a material injury, a U.S. industry.29 A
negative ITC determination will result
in the investigation being terminated;
otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
On April 10, 2013, the Department
published Definition of Factual
Information and Time Limits for
Submission of Factual Information:
Final Rule,30 which modified two
regulations related to AD and CVD
proceedings: The definition of factual
information, 19 CFR 351.102(b)(21), and
the time limits for the submission of
factual information, 19 CFR 351.301.
The final rule identifies five categories
of factual information in 19 CFR
351.102(b)(21), which are summarized
as follows: (i) Evidence submitted in
response to questionnaires, (ii) evidence
submitted in support of allegations, (iii)
publicly available information to value
factors under 19 CFR 351.408(c) or to
measure the adequacy of remuneration
under 19 CFR 351.511(a)(2), (iv)
evidence placed on the record by the
Department, and (v) evidence other than
factual information described in (i)
through (iv). The final rule requires any
party, when submitting factual
information, to specify under which
subsection 19 CFR 351.102(b)(21) the
information is being submitted and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct. The final rule also modified 19
CFR 351.301 so that, rather than
providing general time limits, there are
specific time limits based on the type of
factual information being submitted.
These modifications are effective for all
segments initiated on or after May 10,
2013, and are therefore applicable to
this investigation. Please review the
final rule, available at https://
enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in this
investigation.
We notified the ITC of our initiation,
as required by section 702(d) of the Act.
VerDate Mar<15>2010
17:14 Jul 18, 2014
Jkt 232001
PO 00000
29 See
30 See
section 703(a) of the Act.
78 FR 21246 (April 10, 2013).
Frm 00005
Fmt 4703
Sfmt 4703
Extension of Time Limits
On September 20, 2013, the
Department published Extension of
Time Limits, Final Rule,31 which
modified one regulation related to AD
and CVD proceedings regarding the
extension of time limits for submissions
in such proceedings (19 CFR
351.302(c)). These modifications are
effective for all segments initiated on or
after October 21, 2013, and thus are
applicable to this investigation. Please
review the final rule, available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm prior to
requesting an extension.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.32
Parties are hereby reminded that the
Department issued a final rule with
respect to certification requirements,
effective August 16, 2013 and that the
revised certification requirements are in
effect for company/government officials
as well as their representatives. All
segments of any AD or CVD proceedings
initiated on or after August 16, 2013,
including this investigation, should use
the formats for the revised certifications
provided at the end of the Final Rule.33
The Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties seeking access to
proprietary information must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Instructions for filing such applications
may be found on the Department’s Web
site at https://enforcement.trade.gov/
apo/.
This notice is issued and published
pursuant to section 777(i) of the Act.
Dated: July 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Scope of the Investigation
The scope of this investigation is passenger
vehicle and light truck tires. Passenger
vehicle and light truck tires are new
pneumatic tires, of rubber, with a passenger
31 See
78 FR 57790 (September 20, 2013).
section 782(b) of the Act.
33 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at the
following: https://enforcement.trade.gov/tlei/
notices/factual_info_final_rule_FAQ_07172013.pdf.
32 See
E:\FR\FM\21JYN1.SGM
21JYN1
emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices
vehicle or light truck size designation. Tires
covered by this investigation may be tubetype, tubeless, radial, or non-radial, and they
may be intended for sale to original
equipment manufacturers or the replacement
market.
Subject tires have, at the time of
importation, the symbol ‘‘DOT’’ on the
sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards.
Subject tires may also have the following
prefixes or suffix in their tire size
designation, which also appears on the
sidewall of the tire:
Prefix designations:
P—Identifies a tire intended primarily for
service on passenger cars
LT—Identifies a tire intended primarily for
service on light trucks
Suffix letter designations:
LT—Identifies light truck tires for service
on trucks, buses, trailers, and
multipurpose passenger vehicles used in
nominal highway service.
All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and all
tires with an ‘‘LT’’ suffix in their sidewall
markings are covered by this investigation
regardless of their intended use.
In addition, all tires that lack a ‘‘P’’ or ‘‘LT’’
prefix or suffix in their sidewall markings, as
well as all tires that include any other prefix
or suffix in their sidewall markings, are
included in the scope, regardless of their
intended use, as long as the tire is of a size
that is among the numerical size designations
listed in the passenger car section or light
truck section of the Tire and Rim Association
Year Book, as updated annually.
Passenger vehicle and light truck tires,
whether or not attached to wheels or rims,
are included in the scope. However, if a
subject tire is imported attached to a wheel
or rim, only the tire is covered by the scope.
Specifically excluded from the scope of
this investigation are the following types of
tires: (1) Racing car tires, defined as tires for
use exclusively on a race track; such tires do
not bear the symbol ‘‘DOT’’ on the sidewall;
(2) new pneumatic tires, of rubber, of a size
that is not listed in the passenger car section
or light truck section of the Tire and Rim
Association Year Book; (3) pneumatic tires,
of rubber, that are not new, including
recycled and retreaded tires; and (4) nonpneumatic tires, such as solid rubber tires.
The products covered by the investigation
are currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 4011.10.10.10,
4011.10.10.20, 4011.10.10.30, 4011.10.10.40,
4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and
4011.20.50.10. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.45.00, 4011.99.85.00, 8708.70.45.45,
8708.70.45.60, 8708.70.60.30, 8708.70.60.45,
and 8708.70.60.60. While HTSUS
subheadings are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
[FR Doc. 2014–17096 Filed 7–18–14; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Mar<15>2010
17:14 Jul 18, 2014
Jkt 232001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–815, A–549–830, A–552–816]
Welded Stainless Pressure Pipe From
Malaysia, Thailand, and the Socialist
Republic of Vietnam: Antidumping
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (the
ITC), the Department is issuing
antidumping duty orders on welded
stainless pressure pipe (WSPP) from
Malaysia, Thailand, and the Socialist
Republic of Vietnam (Vietnam).
DATES: Effective date: July 21, 2014.
FOR FURTHER INFORMATION CONTACT: Erin
Kearney (Malaysia), or Brandon
Farlander/Trisha Tran (Thailand), or
Lilit Astvatsatrian (Vietnam) AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0167 or (202) 482–
0182/(202) 482–4852 or (202) 482–6412,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.210(c), on May 30, 2014, the
Department published its affirmative
final determinations of sales at lessthan-fair-value in the antidumping duty
investigations of WSPP from Malaysia,
Thailand, and Vietnam, respectively.1
On July 14, 2014, the ITC notified the
Department of its affirmative
determinations that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
less-than-fair-value imports of WSPP
from Malaysia, Thailand, and Vietnam.2
1 See Welded Stainless Pressure Pipe From
Malaysia: Final Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, in Part; 2012–2013, 79 FR
31090 (May 30, 2014); Welded Stainless Pressure
Pipe From Thailand: Final Determination of Sales
at Less Than Fair Value, 79 FR 31093 (May 30,
2014); and Welded Stainless Pressure Pipe from the
Socialist Republic of Vietnam: Final Determination
of Sales at Less Than Fair Value, 79 FR 31092 (May
30, 2014).
2 See Welded Stainless Pressure Pipe from
Malaysia, Thailand, and Vietnam, USITC
Investigation Nos. 731–TA–1210–1212 (Final),
USITC Publication 4477 (July 2014).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
42289
In addition, the ITC notified the
Department of its final determination
that critical circumstances do not exist
with respect to imports of subject
merchandise from Malaysia that are
subject to the Department’s affirmative
critical circumstances finding.3
Scope of the Orders
The products covered by these orders
are circular welded austenitic stainless
pressure pipe not greater than 14 inches
in outside diameter. For purposes of
these orders, references to size are in
nominal inches and include all products
within tolerances allowed by pipe
specifications. This merchandise
includes, but is not limited to, the
American Society for Testing and
Materials (ASTM) A–312 or ASTM A–
778 specifications, or comparable
domestic or foreign specifications.
ASTM A–358 products are only
included when they are produced to
meet ASTM A–312 or ASTM A–778
specifications, or comparable domestic
or foreign specifications.
Excluded from the scope are: (1)
Welded stainless mechanical tubing,
meeting ASTM A–554 or comparable
domestic or foreign specifications; (2)
boiler, heat exchanger, superheater,
refining furnace, feedwater heater, and
condenser tubing, meeting ASTM A–
249, ASTM A–688 or comparable
domestic or foreign specifications; and
(3) specialized tubing, meeting ASTM
A269, ASTM A–270 or comparable
domestic or foreign specifications.
The subject imports are normally
classified in subheadings 7306.40.5005,
7306.40.5040, 7306.40.5062,
7306.40.5064, and 7306.40.5085 of the
Harmonized Tariff Schedule of the
United States (HTSUS). They may also
enter under HTSUS subheadings
7306.40.1010, 7306.40.1015,
7306.40.5042, 7306.40.5044,
7306.40.5080, and 7306.40.5090. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written description of the
scope of these investigations is
dispositive.
Antidumping Duty Orders
As stated above, on July 14, 2014, in
accordance with section 735(d) of the
Act, the ITC notified the Department of
its final determinations in these
investigations, in which it found
material injury with respect to WSPP
from Malaysia, Thailand, and Vietnam.4
Because the ITC determined that
imports of WSPP from Malaysia,
Thailand, and Vietnam are materially
3 Id.
4 Id.
E:\FR\FM\21JYN1.SGM
21JYN1
]]>Agencies
[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Notices]
[Pages 42285-42289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17096]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective: July 21, 2014.
FOR FURTHER INFORMATION CONTACT: Emily Halle or Kaitlin Wojnar, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0176 or (202) 482-3857, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On June 3, the Department of Commerce (the Department) received a
countervailing duty (CVD) petition concerning imports of passenger
vehicle and light truck tires (certain passenger tires) from the
People's Republic of China (PRC), filed in proper form on behalf of the
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO, CLC
(Petitioner).\1\ The CVD Petition was accompanied by an antidumping
duty (AD) petition concerning passenger tires from the PRC.\2\
Petitioner is a recognized union, which represents the domestic
industry engaged in the manufacture of passenger vehicle tires in the
United States. On June 6, 2014, the Department requested further
information and clarification regarding certain general portions of the
AD Petition and the CVD Petition.\3\ On June 6, 2014, the Department
also requested further information and clarification regarding certain
portions of the CVD Petition.\4\ Petitioner filed its responses to
these requests on June 10, 2014,\5\ and, as allowed by an extension
granted by the Department,\6\ June 11, 2014.\7\ Because it was not
clear from the Petitions whether the industry support criteria had been
met, the Department extended the time for initiating this investigation
in order to further examine the issue of industry support by 20
additional days.\8\ The extended initiation determination date of July
13, 2014, falls on a Sunday, a non-business day, so the Department's
initiation determination is due no later than July 14, 2014, the next
business day.\9\
---------------------------------------------------------------------------
\1\ See ``Petition for the Imposition of Countervailing Duties
on Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China,'' June 3, 2014 (CVD Petition).
\2\ See ``Petition for the Imposition of Antidumping Duties on
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China,'' June 3, 2014 (AD Petition).
\3\ See Letter to Petitioner, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China: Supplemental Questions,'' June 6, 2014 (General Issues
Supplemental Questions).
\4\ See Letter to Petitioner, ``Petitions for the Imposition of
Countervailing Duties on Imports of Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China: Supplemental
Questions,'' June 6, 2014.
\5\ See Letter from Petitioner, ``Certain Passenger Vehicle and
Light Truck Tires from tire People's Republic of China--Petitioner's
Response to the Department's June 6, 2014 Supplemental Questions
regarding General Issues,'' June 10, 2014; see also Letter from
Petitioner, ``Certain Passenger Vehicle and Light Truck Tires from
the People's Republic of China--Petitioner's Response to the
Department's June 6, 2014 Supplemental Questions Regarding the
Countervailing Duty Petition,'' June 10, 2014.
\6\ See Letter to Petitioner, ``Request for Extension of Time to
Submit a Response to the Department of Commerce's June 6, 2014
Supplemental Questionnaire (Question 16 only) Regarding the Petition
for the Imposition of Countervailing Duties on Imports of Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China,'' June 10, 2014.
\7\ See Letter from Petitioner, ``Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China--Petitioner's
Submission of Additional Information in Response to Question 16 of
the Department's June 6, 2014 Supplemental Questions Regarding the
Countervailing Duty Petition Response to Question 16 of the CVD
Supplemental Questions,'' June 11, 2014.
\8\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping and Countervailing Duty Petitions:
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China, 79 FR 35725 (June 24, 2014).
\9\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005) (Next
Business Day Rule).
---------------------------------------------------------------------------
[[Page 42286]]
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), Petitioner alleges that the Government of the PRC
(the GOC) is providing countervailable subsidies, as defined by
sections 701 and 771(5) of the Act, with respect to imports of certain
passenger tires from the PRC, and that such imports are materially
injuring, or threaten material injury to, the domestic industry
producing certain passenger tires in the United States. The Department
finds that Petitioner filed the CVD Petition on behalf of the domestic
industry because Petitioner is an interested party, within the meaning
of section 771(9)(D) of the Act, and has demonstrated sufficient
industry support with respect to the initiation of the investigation it
is requesting.
Period of Investigation
The period of investigation (POI) is January 1, 2013, through
December, 31, 2013.
Scope of Investigation
The products covered by this investigation are certain passenger
tires from the PRC. For a full description of the scope of this
investigation, see ``Scope of Investigation'' at the Appendix of this
notice.
Comments on the Scope of the Investigation
During our review of the CVD Petition, the Department issued
questions to, and received responses from, Petitioner pertaining to the
proposed scope in order to ensure that the language of the scope in the
CVD Petition is an accurate reflection of the products for which the
domestic industry is seeking relief.\10\ As discussed in the Preamble
to the Department's regulations, we are setting aside a period for
interested parties to raise issues regarding product coverage
(scope).\11\ The period for scope comments is intended to provide the
Department with ample opportunity to consider all comments and to
consult with parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\12\ all
such factual information should be limited to public information. All
comments must be filed by 5:00 p.m. Eastern Time (ET) on August 4,
2014, which is 20 calendar days from the signature date of this
notice.\13\ Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on August 14, 2014, which is
10 calendar days after the initial comments. The Department requests
that any factual information the parties consider relevant to the scope
of the investigation be submitted during this time period. However, if
a party subsequently finds that additional factual information
pertaining to the scope of the investigation may be relevant, the party
may contact the Department and request permission to submit the
additional information. All such comments must be filed on the records
of this CVD investigation and the concurrent AD investigation.
---------------------------------------------------------------------------
\10\ See General Issues Supplemental Questions.
\11\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\12\ See 19 CFR 351.102(b)(21).
\13\ As 20 days from the signature date will be Saturday August
2, 2014, the next business day for filing comments will be Monday
August 4, 2014. See Next Business Day Rule.
---------------------------------------------------------------------------
Filing Requirements
All submissions to the Department must be filed electronically,
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS).\14\ An
electronically-filed document must be successfully received, in its
entirety, by 5:00 p.m. ET on the date specified by the Department.\15\
Documents excepted from the electronic submission requirements must be
filed manually (i.e., in paper form) with Enforcement and Compliance's
APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street
and Constitution Avenue NW., Washington, DC 20230, and stamped with the
date and time of receipt by the established deadline.\16\
---------------------------------------------------------------------------
\14\ For general filing requirements, see 19 CFR 351.303.
\15\ Id.; see also 19 CFR 351.301 (for general time limits for
the submission of factual information).
\16\ See 19 CFR 351.303(b). For details regarding the
Department's electronic filing requirements, see Antidumping and
Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR 39263 (July 6,
2011). Information regarding IA ACCESS assistance can be found at
https://iaaccess.trade.gov/help.aspx, and a handbook can be found at
https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department
invited representatives of the GOC to participate in consultations
regarding the CVD Petition.\17\ Consultations with the GOC were held on
June 17, 2014.\18\
---------------------------------------------------------------------------
\17\ See Letter to Liu Fang, First Secretary, Embassy of China
in the United States of America, ``Countervailing Duty Petition on
Passenger Vehicle and Light Truck Tires from the People's Republic
of China,'' June 3, 2014.
\18\ See Memorandum, ``Countervailing Duty Petition on Passenger
Vehicle and Light Truck Tires from the People's Republic of China:
Consultations,'' June 18, 2014.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product, they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\19\
---------------------------------------------------------------------------
\19\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
[[Page 42287]]
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, Petitioner does not offer
a definition of domestic like product distinct from the scope of the
investigation. Based on our analysis of the information submitted on
the record, we determine that certain passenger tires, as defined in
the scope of the investigation, constitute a single domestic like
product and we analyzed industry support in terms of that single
domestic like product.\20\
---------------------------------------------------------------------------
\20\ See Countervailing Duty Investigation Initiation Checklist:
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China (CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Passenger Vehicle and Light Truck
Tires from the People's Republic of China (Attachment II). This
checklist is dated concurrently with this notice and on file
electronically via IA ACCESS. Access to documents filed via IA
ACCESS is also available in the Central Records Unit (CRU), Room
7046 of the main Department of Commerce building.
---------------------------------------------------------------------------
On June 12, 2014, we received comments on industry support from the
Sub-Committee of Tire Producers of the China Chamber of Commerce of
Metals, Minerals & Chemical Importers and the China Rubber Industry
Association.\21\ Petitioner responded to these comments on June 16 and
17, 2014.\22\ In a meeting on July 8, 2014, the Government of the PRC
also commented on industry support for the Petition.\23\
---------------------------------------------------------------------------
\21\ See Letter, ``Request to Poll the Domestic Industry to
Determine Petitioner Standing: Certain Passenger Vehicle and Light
Truck Tires from China,'' June 12, 2014.
\22\ See Letter from Petitioner, ``Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China--Petitioner's
Response to CCCMC and CRIA's Request to Poll the Industry,'' June
16, 2014; see also .Letter from Petitioner, ``Certain Passenger
Vehicle and Light Truck Tires from the People's Republic of China--
Additional Information in Response to CCCMC and CRIA's Request to
Poll the Industry,'' June 17, 2014.
\23\ See Memorandum, ``Antidumping Duty Investigation of
1,1,1,2-Tetrafluoroethane from the People's Republic of China and
the Antidumping Duty and Countervailing Duty Petitions for Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China: Meeting with Officials from the Government of the People's
Republic of China,'' July 9, 2014.
---------------------------------------------------------------------------
On June 17, 2014, the Department extended the initiation deadline
by 20 days to poll the domestic industry in accordance with section
702(c)(4)(D) of the Act, because it was ``not clear from the Petitions
whether the industry support criteria have been met. . . .'' \24\
---------------------------------------------------------------------------
\24\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping Duty and Countervailing Duty Petitions:
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China, 79 FR 35725, 35726 (June 24, 2014).
---------------------------------------------------------------------------
On June 20, 2014, we issued polling questionnaires to all known
producers of certain passenger tires in the United States, identified
in the Petition and by the ITC, as well as all known unions, employee
organizations, or ad hoc groups of workers.\25\ We requested that the
companies/workers complete the polling questionnaire and certify their
responses by the due date specified in the cover letter to the
questionnaire.\26\ Petitioner provided comments on the polling
questionnaire responses on July 8, 2014.\27\
---------------------------------------------------------------------------
\25\ See Memorandum, ``Certain Passenger Vehicle and Light Truck
Tires from the People's Republic of China: Polling Questionnaire,''
June 20, 2014.
\26\ For a detailed discussion of the responses received, see
CVD Initiation Checklist at Attachment II. The polling questionnaire
and questionnaire responses are on file electronically via IA ACCESS
and can also be accessed through the CRU.
\27\ See Letter from Petitioner, ``Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China--Petitioner's
Comments on Polling Responses,'' dated July 8, 2014.
---------------------------------------------------------------------------
Our analysis of the data we received in the polling questionnaire
responses indicates that the domestic producers and workers that
support the Petition account for at least 25 percent of the total
production of the domestic like product and more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\28\
Accordingly, the Department determines that the industry support
requirements of section 702(c)(4)(A) of the Act have been met.
Therefore, the Department determines that Petitioner filed this
Petition on behalf of the domestic industry in accordance with section
702(b)(1) because it is an interested party as defined in section
771(9)(D) of the Act and it demonstrated sufficient industry support
with respect to the CVD investigation that it is requesting the
Department initiate.
---------------------------------------------------------------------------
\28\ See CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
Petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, Petitioner alleges
that subject imports exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.
Petitioner contends that the industry's injured condition is
illustrated by reduced market share; underselling and price depression
or suppression; lost sales and revenues; direct replacement of domestic
shipments by subject imports; decline in shipments, reduced sales
volumes, and production curtailments; decline in capacity utilization
and reduced capacity allocated to U.S. production of certain passenger
tires; decline in employment; adverse impact on union contract
negotiations; and adverse impact on financial performance. We assessed
the allegations and supporting evidence regarding material injury,
threat of material injury, and causation, and we have determined that
these allegations are properly supported by adequate evidence and meet
the statutory requirements for initiation.
Initiation of CVD Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party files a CVD petition on
behalf of an industry that: (1) Alleges the elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to the petitioner
supporting the allegations. In the CVD Petition, Petitioner alleges
that producers/exporters of passenger tires in the PRC benefited from
countervailable subsidies bestowed by the government. The Department
examined the CVD Petition and finds that it complies with the
requirements of section 702(b)(1) of the Act. Therefore, in accordance
with section 702(b)(1) of the Act, we are initiating a CVD
investigation to determine whether manufacturers, producers, or
exporters of certain passenger tires from the PRC receive
countervailable subsidies from the GOC.
Based on our review of the CVD Petition, we find that there is
sufficient information to initiate a CVD investigation on certain
alleged programs. For a full discussion of the
[[Page 42288]]
basis for our decision to initiate or not to initiate on each program,
see the CVD Initiation Checklist, which accompanies this notice. A
public version of the CVD Initiation Checklist is available on IA
ACCESS.
Respondent Selection
For this investigation, the Department intends to select
respondents based on U.S. Customs and Border Protection (CBP) data for
United States imports of subject merchandise during the POI under the
following Harmonized Tariff Schedule of the United States (HTSUS)
numbers: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40,
4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00,
4011.20.10.05, 4011.20.50.10, 4011.99.45.00, and 4011.99.85.00. We
intend to release the CBP data under Administrative Protective Order
(APO) to all parties with access to information protected by APO
shortly after the announcement of this case initiation.
Interested parties seeking access to proprietary information
including the CBP data must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found at https://enforcement.trade.gov/apo/.
Interested parties may submit comments regarding the CBP data and
respondent selection by 5:00 p.m. ET on the seventh calendar day after
publication of this notice. Comments must be filed in accordance with
the requirements discussed above in the ``Filing Requirements'' section
of this notice. If respondent selection is necessary, we intend to base
our decision regarding respondent selection upon comments received from
interested parties and our analysis of the record information within 20
days of publication of this notice.
Distribution of Copies of the Petition
Pursuant to section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC via IA ACCESS. Because of the particularly large
number of producers/exporters identified in the Petition, the
Department considers the service of the public version of the Petition
to the foreign producers/exporters to be satisfied by the provision of
the public version of the Petition to the Government of the PRC,
consistent with 19 CFR 351.203(c)(2).
ITC Notification
We notified the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 25 days after the date
on which ITC receives notice from the Department of initiation of the
investigation, whether there is a reasonable indication that imports of
passenger tires from the PRC are materially injuring, or threaten to a
material injury, a U.S. industry.\29\ A negative ITC determination will
result in the investigation being terminated; otherwise, this
investigation will proceed according to statutory and regulatory time
limits.
---------------------------------------------------------------------------
\29\ See section 703(a) of the Act.
---------------------------------------------------------------------------
Submission of Factual Information
On April 10, 2013, the Department published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule,\30\ which modified two regulations related to AD and CVD
proceedings: The definition of factual information, 19 CFR
351.102(b)(21), and the time limits for the submission of factual
information, 19 CFR 351.301. The final rule identifies five categories
of factual information in 19 CFR 351.102(b)(21), which are summarized
as follows: (i) Evidence submitted in response to questionnaires, (ii)
evidence submitted in support of allegations, (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2), (iv) evidence
placed on the record by the Department, and (v) evidence other than
factual information described in (i) through (iv). The final rule
requires any party, when submitting factual information, to specify
under which subsection 19 CFR 351.102(b)(21) the information is being
submitted and, if the information is submitted to rebut, clarify, or
correct factual information already on the record, to provide an
explanation identifying the information already on the record that the
factual information seeks to rebut, clarify, or correct. The final rule
also modified 19 CFR 351.301 so that, rather than providing general
time limits, there are specific time limits based on the type of
factual information being submitted. These modifications are effective
for all segments initiated on or after May 10, 2013, and are therefore
applicable to this investigation. Please review the final rule,
available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this
investigation.
---------------------------------------------------------------------------
\30\ See 78 FR 21246 (April 10, 2013).
---------------------------------------------------------------------------
Extension of Time Limits
On September 20, 2013, the Department published Extension of Time
Limits, Final Rule,\31\ which modified one regulation related to AD and
CVD proceedings regarding the extension of time limits for submissions
in such proceedings (19 CFR 351.302(c)). These modifications are
effective for all segments initiated on or after October 21, 2013, and
thus are applicable to this investigation. Please review the final
rule, available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm prior to requesting an extension.
---------------------------------------------------------------------------
\31\ See 78 FR 57790 (September 20, 2013).
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\32\
Parties are hereby reminded that the Department issued a final rule
with respect to certification requirements, effective August 16, 2013
and that the revised certification requirements are in effect for
company/government officials as well as their representatives. All
segments of any AD or CVD proceedings initiated on or after August 16,
2013, including this investigation, should use the formats for the
revised certifications provided at the end of the Final Rule.\33\ The
Department intends to reject factual submissions if the submitting
party does not comply with the applicable revised certification
requirements.
---------------------------------------------------------------------------
\32\ See section 782(b) of the Act.
\33\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the
frequently asked questions regarding the Final Rule, available at
the following: https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties seeking access to proprietary information must
submit applications for disclosure under APO in accordance with 19 CFR
351.305. Instructions for filing such applications may be found on the
Department's Web site at https://enforcement.trade.gov/apo/.
This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: July 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigation
The scope of this investigation is passenger vehicle and light
truck tires. Passenger vehicle and light truck tires are new
pneumatic tires, of rubber, with a passenger
[[Page 42289]]
vehicle or light truck size designation. Tires covered by this
investigation may be tube-type, tubeless, radial, or non-radial, and
they may be intended for sale to original equipment manufacturers or
the replacement market.
Subject tires have, at the time of importation, the symbol
``DOT'' on the sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards. Subject tires may also
have the following prefixes or suffix in their tire size
designation, which also appears on the sidewall of the tire:
Prefix designations:
P--Identifies a tire intended primarily for service on passenger
cars
LT--Identifies a tire intended primarily for service on light
trucks
Suffix letter designations:
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal
highway service.
All tires with a ``P'' or ``LT'' prefix, and all tires with an
``LT'' suffix in their sidewall markings are covered by this
investigation regardless of their intended use.
In addition, all tires that lack a ``P'' or ``LT'' prefix or
suffix in their sidewall markings, as well as all tires that include
any other prefix or suffix in their sidewall markings, are included
in the scope, regardless of their intended use, as long as the tire
is of a size that is among the numerical size designations listed in
the passenger car section or light truck section of the Tire and Rim
Association Year Book, as updated annually.
Passenger vehicle and light truck tires, whether or not attached
to wheels or rims, are included in the scope. However, if a subject
tire is imported attached to a wheel or rim, only the tire is
covered by the scope.
Specifically excluded from the scope of this investigation are
the following types of tires: (1) Racing car tires, defined as tires
for use exclusively on a race track; such tires do not bear the
symbol ``DOT'' on the sidewall; (2) new pneumatic tires, of rubber,
of a size that is not listed in the passenger car section or light
truck section of the Tire and Rim Association Year Book; (3)
pneumatic tires, of rubber, that are not new, including recycled and
retreaded tires; and (4) non-pneumatic tires, such as solid rubber
tires.
The products covered by the investigation are currently
classified under the following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20,
4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60,
4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10.
Tires meeting the scope description may also enter under the
following HTSUS subheadings: 4011.99.45.00, 4011.99.85.00,
8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and
8708.70.60.60. While HTSUS subheadings are provided for convenience
and for customs purposes, the written description of the subject
merchandise is dispositive.
[FR Doc. 2014-17096 Filed 7-18-14; 8:45 am]
BILLING CODE 3510-DS-P
