Antidumping Duty Investigation of Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part, 34893-34899 [2015-15058]
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
consumption on or after the date of
publication of this notice in the Federal
Register.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 14 equal to the weightedaverage amount by which normal value
(NV) exceeds U.S. price, adjusted where
appropriate for export subsidies and
estimated domestic subsidy passthrough,15 as follows: (1) The cash
deposit rate for any exporter/producer
combinations listed in the table above
will be the rate the Department
determines in this preliminary
determination; (2) for all combinations
of PRC exporters/producers of
merchandise under consideration that
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate established for the
PRC-wide entity; and (3) for all non-PRC
exporters of merchandise under
consideration which have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
applicable to the PRC exporter/producer
combination that supplied that non-PRC
exporter.
Furthermore, consistent with our
practice, where the product under
investigation is also subject to a
concurrent countervailing duty
investigation, we instruct CBP to require
a cash deposit equal to the amount by
which the NV exceeds the export price
or constructed export price, less the
amount of the countervailing duty
determined to constitute an export
subsidy. In this LTFV investigation,
with regard to PRC-wide entity, export
subsidies constitute 3.28 percent 16 of
the preliminarily calculated
14 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
15 See sections 772(c)(1)(C) and 777A(f) of the
Act, respectively. Unlike in administrative reviews,
the Department calculates the adjustment for export
subsidies in investigations not in the margin
calculation program, but in the cash deposit
instructions issued to CBP. See Notice of Final
Determination of Sales at Less Than Fair Value,
and Negative Determination of Critical
Circumstances: Certain Lined Paper Products from
India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at
Comment 1.
16 The following subsidy programs in the
preliminary determination of the concurrent
countervailing duty investigation are export
subsidies: Preferential Export Financing from the
Export-Import Bank of Chines (1.06%), Reduced
Fee Export Insurance (1.06%), Grants to Cover Legal
Fees in Trade Remedy Cases (0.58%), and Cash
Grants for Exports (0.58%). See Melamine From the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Countervailing Duty Determination With
Final Antidumping Duty Determination, 80 FR
21706 (April 20, 2015), and accompanying
Preliminary Decision Memorandum at 12–13.
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countervailing duty rate in the
concurrent countervailing duty
investigation, and, thus, we will offset
the PRC-wide rate of 363.31 percent by
the countervailing duty rate attributable
to export subsidies (i.e., 3.28 percent) to
calculate the cash deposit rate for this
LTFV investigation.17 We are not
adjusting the PRC-wide rate for
estimated domestic subsidy passthrough because we have no basis upon
which to make such an adjustment.18
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Section 735(b)(2) of the
Act requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
melamine, or sales (or the likelihood of
sales) for importation, of the
merchandise under consideration
within 45 days of our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(b)(2).
Dated: June 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the
Preliminary Decision Memorandum
I. Summary
II. Background
1. Initiation
2. Period of Investigation
3. Postponement of Preliminary
Determination
4. Scope of the Investigation
5. Scope Comments
6. Selection of Respondents
III. Discussion of the Methodology
1. Non-Market Economy Country
2. Separate Rates and the PRC-wide Entity
3. Application of Facts Available and
Selection Based Upon Adverse
Inferences for the PRC-Wide Entity
4. Corroboration of AFA Rate
5. Verification
6. Section 777A(f) of the Act
IV. ITC Notification
V. Conclusion
[FR Doc. 2015–14973 Filed 6–17–15; 8:45 am]
BILLING CODE 3510–DS–P
17 The cash deposit rate reflecting the export
subsidy offset will be in effect until the
countervailing duty provisional measures expire
(i.e. 120 days after the publication of the
preliminary determination of the companion
countervailing duty investigation).
18 See Preliminary Decision Memorandum at the
section, ‘‘Section 777A(f) of the Act.’’
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34893
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Antidumping Duty Investigation of
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Final Determination
of Sales at Less Than Fair Value and
Final Affirmative Determination of
Critical Circumstances, In Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective date June 18, 2015.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of certain passenger vehicle and
light truck tires (passenger tires) from
the People’s Republic of China (PRC) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 735 of
the Tariff Act of 1930, as amended (the
Act). The final weighted-average
dumping margins for the investigation
on passenger tires from the PRC are
listed below in the ‘‘Final
Determination’’ section of this notice.
FOR FURTHER INFORMATION CONTACT: Toni
Page, Lingjun Wang, or Jun Jack Zhao,
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)
482–1398, (202) 482–2316, or (202) 482–
1396, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 27, 2015, the Department
published its affirmative preliminary
determination that passenger tires from
the PRC are being, or are likely to be,
sold in the United States at less than fair
value, as provided by section 733 of the
Act.1 The following events occurred
since the preliminary determination. On
March 26, 2015, we published an
amended preliminary determination in
the Federal Register.2 From February 2,
2015 to February 13, 2015, and March
9, 2015 to March 13, 2015, the
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Preliminary Determination of Sales at Less Than
Fair Value; Preliminary Affirmative Determination
of Critical Circumstances; In Part and
Postponement of Final Determination, 80 FR 4250
(January 27, 2015) (Preliminary Determination).
2 See Antidumping Duty Investigation of Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Amended Affirmative
Preliminary Determination, 80 FR 15987 (March 26,
2015) (Amended Preliminary Determination).
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
Department conducted sales and factorsof-production verifications of the two
mandatory respondents: Giti Tire Global
Trading Pte. Ltd., and its affiliates, Giti
Tire (USA) Ltd., Giti Radial Tire (Anhui)
Company Ltd., Giti Tire (Fujian)
Company Ltd., Giti Tire (Hualin)
Company Ltd. (collectively, the GITI
companies); and Sailun Group Co. and
its affiliates, Sailun Tire International
Corp., Shandong Jinyu Industrial Co.,
Ltd., Jinyu International Holding Co.,
Limited, Seatex International Inc.,
Dynamic Tire Corp., Husky Tire Corp.,
Seatex PTE. Ltd., (collectively, the
Sailun Group). The Department issued
verification reports for the GITI
companies on March 20, and March 27,
2015; and for Sailun Group on March
20, and March 30, 2015, respectively.3
On April 10, 2015, Petitioner,4 the GITI
companies, Sailun Group, and a number
of separate rate applicants filed case
briefs. On April 20, 2015, parties filed
rebuttal briefs. On April 28, 2015, the
Department held a hearing with respect
to this investigation. Interested parties
also filed case briefs and rebuttal briefs
on the scope related issues on April 6,
and April 13, respectively. On May 14,
2015, the Department held a separate
hearing on scope related issues to this
investigation.
Period of Investigation
The period of investigation (POI) is
October 1, 2013, through March 31,
2014.
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Scope of the Investigation and Scope
Comments
The products covered by this
investigation are certain passenger tires
from the PRC. 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
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Preliminary Determination of Sales at Less Than
Fair Value; Preliminary Affirmative Determination
of Critical Circumstances; In Part and
Postponement of Final Determination, 80 FR 4250
(January 27, 2015) (Preliminary Determination).
2 See Antidumping Duty Investigation of Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Amended Affirmative
Preliminary Determination, 80 FR 15987 (March 26,
2015) (Amended Preliminary Determination).
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4011.20.50.10. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.45.10, 4011.99.45.50,
4011.99.85.10, 4011.99.85.50,
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.
The Department received comments
regarding the scope of this investigation
from numerous interested parties,
which we have summarized and
addressed in the accompanying Issues
and Decision Memorandum.5 As
explained in the Issues and Decision
Memorandum, to facilitate the scope’s
administrability and enforcement, we
have clarified the scope language such
that ‘‘N’’ speed-rated specialty trailer
tires that meet certain requirements are
excluded from the scope.6 For a
complete description of the scope of the
investigation, see Appendix II to this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the Issues
and Decision Memorandum
accompanying this notice, which is
hereby adopted by this notice. A list of
the issues which the parties raised and
3 See Verification Report of the Sales and Factors
Responses of Giti Tire Global Trading Pte. Ltd. and
Its Affiliated Subsidiaries in the Antidumping Duty
Investigation of Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China,
dated March 20, 2015 (GITI China Verification
Report); Verification Report of U.S. Sales of Giti
Tire (USA) Ltd. in the Antidumping Duty
Investigation of Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China,
dated March 27, 2015 (GITI CEP Verification
Report); Verification of the Sales and Factors
Response of Sailun Group Co., Ltd., Sailun Tire
International Corp., Shandong Jinyu Industrial Co.,
Ltd., Jinyu International Holding Co., Limited,
Seatex International Inc., Dynamic Tire Corp.,
Husky Tire Corp., and Seatex PTE. Ltd. in the
Antidumping Investigation of Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China, dated March 20, 2015 (Sailun China
Verificaiton Report); and Verification of the U.S.
Sales Responses of Sailun Group Co., Ltd., in the
Antidumping Duty Investigation of Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China, dated March 30, 2015 (Sailun
CEP Verificaiton Report).
4 Petitioner is United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL–
CIO, CLC.
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to which the Department responded in
the memorandum appears in Appendix
I of this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
memorandum are identical in content.
Changes Since the Amended
Preliminary Determination
Based on our review and analysis of
the comments received from parties,
and minor corrections presented at
verification, we made certain changes to
the GITI companies’ and the Sailun
Group’s margin calculations since the
Amended Preliminary Determination.
For a discussion of these changes, see
the Issues and Decision Memorandum
and the Final Analysis Memoranda, all
dated concurrently with this notice.7
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation.8
Policy Bulletin 05.1 sets forth this
practice.9
Final Determination
The Department determines that the
estimated final weighted-average
dumping margins are as follows:
7 See Final Analysis Memorandum for the PRCWide Entity, Final Analysis Memorandum for Giti
Tire Global Trading Pte. Ltd. and its affiliates, and
Final Analysis Memorandum for Sailun Group Co.
and its affiliates, dated concurrently with this
notice.
8 See Certain Passenger Vehicle and Light Truck
Tires From the People’s Republic of China:
Initiation of Antidumping Duty Investigation, 79 FR
42292 (July 21, 2014) (Initiation Notice).
9 See Enforcement and Compliance Policy
Bulletin No. 05.1 ‘‘Separate-Rates Practice and
Application of Combination Rates in Antidumping
Investigations involving Non-Market Economy
Countries,’’ (April 5, 2005) (Policy Bulletin 05.1),
available on the Department’s Web site at https://
enforcement.trade.gov/policy/bull05-1.pdf.
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
34895
Weightedaverage
dumping
margin
(percent)
Exporter(s)
Producer(s)
Giti Tire Global Trading Pte. Ltd., Giti Tire (USA) Ltd., Giti Radial Tire (Anhui) Company Ltd., Giti Tire (Fujian) Company
Ltd., Giti Tire (Hualin) Company Ltd., (Collectively, the GITI
Companies).
Sailun Group Co., Ltd. (aka Sailun Jinyu Group Co., Ltd.),
Sailun Tire International Corp., Shandong Jinyu Industrial
Co., Ltd., Jinyu International Holding Co., Limited, Seatex
International Inc., Dynamic Tire Corp., Husky Tire Corp.,
Seatex PTE. Ltd., (Collectively, Sailun Group).
Cooper Tire & Rubber Company ................................................
Giti Radial Tire (Anhui) Company Ltd., Giti Tire (Fujian) Company Ltd., Giti Tire (Hualin) Company Ltd.
29.97
Sailun Group Co., Ltd. (aka Sailun Jinyu Group Co., Ltd.),
Shandong Jinyu Industrial Co., Ltd.
14.35
Cooper Chengshan (Shandong) Tire Co., Ltd., Cooper
(Kunshan) Tire Co., Ltd.
Cooper Chengshan (Shandong) Tire Co., Ltd ..........................
Cooper (Kunshan) Tire Co., Ltd ................................................
Qingdao Sentury Tire Co., Ltd., Shandong Haohua Tire Co.,
Ltd., Beijing Capital Tire Co., Ltd.
Bridgestone (Wuxi) Tire Co., Ltd ...............................................
Bridgestone (Wuxi) Tire Co., Ltd ...............................................
Cheng Shin Tire & Rubber (China) Co., Ltd., Cheng Shin Tire
& Rubber (Chongqing) Co., Ltd.
Shandong Guofeng Rubber Plastics Co., Ltd., Shandong
Haohua Tire Co., Ltd., Shandong Jinyu Industrial Co., Ltd.,
Doublestar-Dongfeng Tyre Co., Ltd., Shengtai Group Co.,
Ltd., Qingdao Doublestar Tire Industrial Co., Ltd., Shandong
Yongtai Chemical Co., Ltd.
Goodyear Dalian Tire Company Limited ...................................
Guangzhou Pearl River Rubber Tyre Ltd ..................................
Hankook Tire China Co., Ltd .....................................................
Hebei Tianrui Rubber Co., Ltd ...................................................
Federal Tire (Jiangxi) Ltd ...........................................................
Shandong Linglong Tyre Co., Ltd ..............................................
Shandong Yongtai Chemical Co., Ltd., Doublestar-Dongfeng
Tyre Co., Ltd.
Hwa Fong Rubber (Suzhou) Co., Ltd ........................................
Jiangsu Hankook Tire Co., Ltd ..................................................
Kenda Rubber (China) Co., Ltd .................................................
Kumho Tire (Tianjin) Co., Inc., Nanjing Kumho Tire Co., Ltd.,
Kumho Tire (Changchun) Co., Inc.
South China Tire & Rubber Co., Ltd., Shandong Haohua Tire
Co., Ltd.
Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial
Co., Ltd.
Pirelli Tyre Co., Ltd ....................................................................
Shandong Guofeng Rubber Plastics Co., Ltd., Shandong
Haohua Tire Co., Ltd., Shandong Jinyu Industrial Co., Ltd.,
Doublestar-Dongfeng Tyre Co., Ltd.
Shandong Zhentai Group Co., Ltd., Longkou Xinglong Tyre
Co., Ltd., Hebei Tianrui Rubber Co., Ltd.
Fullrun Tyre Tech Corp., Ltd., Shengtai Group Co., Ltd.,
Shandong Zhongyi Rubber Co., Ltd., Shandong Guofeng
Rubber Plastics Co, Ltd., Deruibao Tire Co., Ltd., Shandong
New Continent Tire Co., Ltd., Shandong Fengyuan Tyre
Manufacturing Co., Ltd., Sichuan Tyre & Rubber Co., Ltd.,
Qingdao Futaian Tyre Teck. Co., Ltd., Good Friend Tyre
Co., Ltd., Shandong Hengyu Science & Technology Co.,
Ltd., Shandong Longyue Rubber Co., Ltd., Shouguang
Firemax Tyre Co., Ltd., Beijing Capital Tire Co., Ltd.,
Shandong Wanda Boto Tyre Co., Ltd., Zhaoqing Junhong
Co., Ltd., Shandong Huasheng Rubber Co., Ltd., Shandong
Haohua Tire Co., Ltd., Shandong Province Sanli Tire Manufactured Co., Ltd.
Qingdao Fullrun Tyre Tech Corp., Ltd .......................................
Qingdao Honghua Tyre Factory ................................................
Shandong Guofeng Rubber Plastics Co., Ltd., Shandong
Hengyu Science & Technology Co., Ltd., Shandong
Longyue Rubber Co., Ltd., Shandong Haohua Tire Co.,
Ltd., Shouguang Firemax Tyre Co., Ltd., Shandong Zhongyi
Rubber Co., Ltd., Shandong Yonking Rubber Co., Ltd.,
Shandong Hongsheng Rubber Technology Co., Ltd.
Qingdao Nexen Tire Corporation ...............................................
25.30
Cooper Chengshan (Shandong) Tire Co., Ltd ...........................
Cooper (Kunshan) Tire Co., Ltd .................................................
Best Choice International Trade Co., Limited ............................
Bridgestone (Wuxi) Tire Co., Ltd ................................................
Bridgestone Corporation .............................................................
Cheng Shin Tire & Rubber (China) Co., Ltd ..............................
Crown International Corporation .................................................
Goodyear Dalian Tire Company Limited ....................................
Guangzhou Pearl River Rubber Tyre Ltd ...................................
Hankook Tire China Co., Ltd ......................................................
Hebei Tianrui Rubber Co., Ltd ....................................................
Highpoint Trading, Ltd ................................................................
Hong Kong Tiancheng Investment & Trading Co., Limited ........
Hong Kong Tri-Ace Tire Co., Limited .........................................
Hwa Fong Rubber (Hong Kong) Ltd ...........................................
Jiangsu Hankook Tire Co., Ltd ...................................................
Kenda Rubber (China) Co., Ltd ..................................................
Kumho Tire Co., Inc ....................................................................
Mayrun Tyre (Hong Kong) Limited .............................................
Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial
Co., Ltd.
Pirelli Tyre Co., Ltd .....................................................................
Qingdao Crown Chemical Co., Ltd .............................................
tkelley on DSK3SPTVN1PROD with NOTICES
Qingdao Free Trade Zone Full-World International Trading Co.,
Ltd.
Qingdao Fullrun Tyre Corp. Ltd ..................................................
Qingdao Fullrun Tyre Tech Corp., Ltd ........................................
Qingdao Honghua Tyre Factory .................................................
Qingdao Nama Industrial Co., Ltd ..............................................
Qingdao Nexen Tire Corporation ................................................
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
Weightedaverage
dumping
margin
(percent)
Exporter(s)
Producer(s)
Qingdao Odyking Tyre Co., Ltd ..................................................
Doublestar-Dongfeng Tyre Co., Ltd., Shandong Fengyuan Tire
Manufacturing Co., Ltd., Shouguang Firemax Tyre Co., Ltd.
Qingdao Qianzhen Tyre Co., Ltd ...............................................
Qingdao Qihang Tyre Co., Ltd ..................................................
Qingdao Qizhou Rubber Co., Ltd ..............................................
Qingdao Sentury Tire Co., Ltd ...................................................
Shandong Anchi Tyres Co., Ltd ................................................
Shandong Changfeng Tyres Co., Ltd ........................................
Shandong Duratti Rubber Corporation Co., Ltd ........................
Shandong Guofeng Rubber Plastics Co., Ltd ...........................
Shandong Haohua Tire Co., Ltd ................................................
Shandong Haolong Rubber Tire Co., Ltd ..................................
Shandong Hawk International Rubber Industry Co., Ltd ...........
Shandong Hengyu Science & Technology Co., Ltd ..................
Shandong Huitong Tyre Co., Ltd., Laiwu Sunshine Tyre Co.,
Ltd.
Shandong Linglong Tyre Co., Ltd ..............................................
Shandong Longyue Rubber Co., Ltd .........................................
Shandong New Continent Tire Co., Ltd ....................................
Shandong Province Sanli Tire Manufactured Co., Ltd ..............
Shandong Shuangwang Rubber Co., Ltd ..................................
Shandong Wanda Boto Tyre Co., Ltd .......................................
Shandong Yongtai Chemical Co., Ltd .......................................
Shandong Zhongyi Rubber Co., Ltd ..........................................
Shengtai Group Co., Ltd., Shandong Shengshitailai Rubber
Technology Co., Ltd.
Shifeng Juxing Tire Co., Ltd ......................................................
Shouguang Firemax Tyre Co., Ltd ............................................
Dongying Zhongyi Rubber Co., Ltd., Shandong Haohua Tire
Co., Ltd.
Shandong Longyue Rubber Co., Ltd .........................................
Toyo Tire (Zhangjiagang) Co., Ltd ............................................
Triangle Tyre Co., Ltd ................................................................
Shandong Haohua Tire Co., Ltd., Sichuan Tyre & Rubber Co.,
Ltd., Shandong Anchi Tyres Co., Ltd., Beijing Capital Tire
Co. Ltd., Shandong Wanda Boto Tyre Co., Ltd., Shandong
Wosen Rubber Co., Ltd., Shandong Zhentai Group Co.,
Ltd., Shandong Yonking Rubber Co., Ltd., Qingdao
Doublestar Tire Industrial Co., Ltd., South China Tire &
Rubber Co. Ltd., Anhui Heding Tire Technology Co., Ltd.
Weihai Ping’an Tyre Co., Ltd .....................................................
Weihai Zhongwei Rubber Co., Ltd ............................................
Wendeng Sanfeng Tyre Co., Ltd ...............................................
Shaanxi Yanchang Petroleum Group Rubber Co. Ltd ..............
Shandong Linglong Tyre Co., Ltd ..............................................
Zhaoqing Junhong Co., Ltd .......................................................
....................................................................................................
Qingdao Qianzhen Tyre Co., Ltd ................................................
Qingdao Qihang Tyre Co., Ltd ...................................................
Qingdao Qizhou Rubber Co., Ltd ...............................................
Qingdao Sentury Tire Co., Ltd ....................................................
Shandong Anchi Tyres Co., Ltd .................................................
Shandong Changfeng Tyres Co., Ltd .........................................
Shandong Duratti Rubber Corporation Co., Ltd .........................
Shandong Guofeng Rubber Plastics Co., Ltd ............................
Shandong Haohua Tire Co., Ltd .................................................
Shandong Haolong Rubber Tire Co., Ltd ...................................
Shandong Hawk International Rubber Industry Co., Ltd ............
Shandong Hengyu Science & Technology Co., Ltd ...................
Shandong Huitong Tyre Co., Ltd ................................................
Shandong Linglong Tyre Co., Ltd ...............................................
Shandong Longyue Rubber Co., Ltd ..........................................
Shandong New Continent Tire Co., Ltd .....................................
Shandong Province Sanli Tire Manufactured Co., Ltd ...............
Shandong Shuangwang Rubber Co., Ltd ...................................
Shandong Wanda Boto Tyre Co., Ltd ........................................
Shandong Yongtai Chemical Co., Ltd ........................................
Shandong Zhongyi Rubber Co., Ltd ...........................................
Shengtai Group Co., Ltd .............................................................
Shifeng Juxing Tire Co., Ltd .......................................................
Shouguang Firemax Tyre Co., Ltd .............................................
Southeast Mariner International Co., Ltd ....................................
Techking Tires Limited ................................................................
Toyo Tire (Zhangjiagang) Co., Ltd .............................................
Triangle Tyre Co., Ltd .................................................................
Tyrechamp Group Co., Limited ..................................................
Weihai Ping’an Tyre Co., Ltd ......................................................
Weihai Zhongwei Rubber Co., Ltd .............................................
Wendeng Sanfeng Tyre Co., Ltd ................................................
Winrun Tyre Co., Ltd ..................................................................
Zenith Holdings (HK) Limited ......................................................
Zhaoqing Junhong Co., Ltd ........................................................
PRC-Wide Entity * .......................................................................
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25.30
25.30
25.30
25.30
25.30
25.30
25.30
25.30
25.30
25.30
25.30
87.99
* The PRC-wide entity includes, among other companies, Yongsheng Rubber Group Co., Ltd. (Yongsheng), a mandatory respondent in this investigation that did not demonstrate that it is entitled to a separate rate. Accordingly, we consider Yongsheng to be part of the PRC-Wide Entity.
Disclosure
We intend to disclose to parties the
calculations performed in this
proceeding within five days of any
public announcement of this notice in
accordance with 19 CFR 351.224(b).
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Final Affirmative Determination of
Critical Circumstances, In Part
We continue to find that critical
circumstances do not exist for the GITI
companies and the Sailun Group. In
addition, we found that critical
circumstances do not exist for the
separate rate companies, while they do
exist for the PRC-wide entity. A
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Jkt 235001
discussion of our determination can be
found in the Issues and Decision
Memorandum at the section, ‘‘Critical
Circumstances.’’
Continuation of Suspension of
Liquidation
As noted above, for this final
determination, the Department found
that critical circumstances exist with
respect to imports of the subject
merchandise from the PRC-wide entity.
Therefore, in accordance with section
735(c)(4)(A) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
PO 00000
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liquidation of all imports of the
merchandise subject to the investigation
from the PRC-wide entity, that were
entered or withdrawn from warehouse,
for consumption on or after October 29,
2014, 90 days prior to publication of the
Preliminary Determination in the
Federal Register, and require a cash
deposit for such entries as noted below.
Because we did not find that critical
circumstances exist with respect to the
GITI companies, the Sailun Group, and
the separate rate companies,10 in
10 With regard to the separate rate companies, we
will also instruct CBP to terminate suspension and
to release any bond or other security, and refund
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accordance with section 735(c)(1)(B) of
the Act, we will instruct CBP to
continue to suspend liquidation of all
appropriate entries of passenger tires
from the PRC, as described in the
‘‘Scope of the Investigation and Scope
Comments’’ section of this notice and
which were entered, or withdrawn from
warehouse, for consumption on or after
January 27, 2015, the date of publication
of the Preliminary Determination in the
Federal Register.
Pursuant to 19 CFR 351.205(d), we
will instruct CBP to require a cash
deposit 11 for all suspended entries at an
ad valorem rate equal to the weightedaverage amount by which normal value
exceeds U.S. price, as follows: (1) The
cash deposit rate for the exporter/
producer combination listed in the table
above will be the rate identified for that
combination in the table adjusted where
appropriate for export subsidies and
estimated domestic subsidy passthrough; 12 (2) for all combinations of
PRC exporters/producers of
merchandise under consideration that
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate established for the
PRC-wide entity, 87.99 percent,
adjusted where appropriate for export
subsidies and estimated domestic
subsidy pass-through; and (3) for all
non-PRC exporters of the merchandise
under consideration which have not
received their own separate rate above,
the cash-deposit rate will be the cash
deposit rate applicable to the PRC
exporter/producer combination that
supplied that non-PRC exporter. These
suspension of liquidation and cash
deposit instructions will remain in
effect until further notice.
As stated previously, we will adjust
cash deposit rates by the amount of
export subsidies, where appropriate. In
any cash deposit made, to secure the payment of
estimated antidumping duties with respect to
entries of the merchandise entered, or withdrawn
from warehouse, for consumption on or after
October 29, 2014 (i.e., 90 days prior to the date of
publication of the Federal Register), but before
January 27, 2015 (the date of publication of the
Preliminary Determination).
11 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
12 See sections 772(c)(1)(C) and 777A(f) of the
Act, respectively. Unlike in administrative reviews,
the Department calculates the adjustment for export
subsidies in investigations not in the margincalculation program, but in the cash-deposit
instructions issued to CBP. See Notice of Final
Determination of Sales at Less Than Fair Value,
and Negative Determination of Critical
Circumstances: Certain Lined Paper Products from
India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision memorandum at
Comment 1.
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16:53 Jun 17, 2015
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the companion CVD investigation, GITI
companies received a calculated export
subsidy rate of 15.03 percent while the
all-others companies received a
calculated export subsidy rate of 13.53
percent.13 Therefore, we will offset GITI
companies’ cash deposit rate of 29.97
percent by 15.03 percent, while the
Sailun Group’s and the separate rate
companies’ cash deposit rates of 14.35
percent and 25.30 percent, respectively,
will be reduced by 13.53 percent as
these companies were considered ‘‘allothers’’ companies in the companion
CVD case. For Cooper Tire & Rubber
Company, Cooper (Kunshan) Tire Co.,
Ltd., and Cooper Chengshan (Shandong)
Tire Co., Ltd. (collectively, Cooper),
another mandatory respondent in the
companion CVD investigation, we will
offset its cash deposit rate of 25.30
percent by its cacluated export subsidy
rate of 11.13 percent. Finally, we are
adjusting the cash deposit rate
applicable to the PRC-wide entity for
export subsidies, by the lowest export
subsidy rate determined for any party in
the companion CVD proceeding, which
is 11.13 percent.14
Pursuant to 777A(f) of the Act, we are
also adjusting final cash deposit rates
for estimated domestic subsidy passthrough, where appropriate. We will
adjust the Sailun Group’s,15 Cooper’s
and the separate rate companies’ cash
deposit rates by 3.59 percent to account
for estimated domestic subsidy passthrough.16 We are also adjusting GITI
companies’ and the PRC-wide entity’s
cash deposit rate by 0.40 percent to
account for estimated domestic subsidy
pass-through.17
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at less
13 See
Cerain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China: Final
Affirmative Countervailing Duty Determination and
accompanying Issues and Decision Memorandum
(CVD Final). The final determination in this
companion CVD proceeding is being concurrently
released on the same day as this final
determination. See also, Memorandum to the File,
‘‘Certain Passenger Vehicle and Light Truck from
the People’s Republic of China: Double Remides
Final Calculation Memorandum,’’ dated
concurrently with this notice (Double Remedies
Memorandum).
14 Id.
15 Sailun Group’s AD cash deposit rate after
adjusting for export subsidies and estimated
domestic subsidy pass-through will be zero percent.
We will instruct CBP to require a cash deposit for
all of Sailun Group’s suspended entries at an ad
valorem rate of zero percent.
16 See CVD Final and Double Remedies
Memorandum.
17 Id.
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34897
than fair value. Because the final
determination in this proceeding is
affirmative, the ITC will make its final
determination, in accordance with
section 735(b)(2) of the Act, as to
whether the domestic industry in the
United States is materially injured,
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded by
reason of imports of passenger tires from
the PRC, no later than 45 days after our
final determination. If the ITC
determines that material injury, threat of
material injury, or material retardation
does not exist, this proceeding will be
terminated and all securities posted will
be refunded or canceled. If the ITC
determines that such injury or material
retardation does exist, then the
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders (APO)
In the event the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO 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 or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
This determination and notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: June 11, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Outline of the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Adverse Facts Available
V. Critical Circumstances
VI. Margin Calculations
VII. Discussion of the Issues
VIII. Recommendation
List of Topics Discussed in the Issues and
Decision Memorandum
Comment 1: Whether to Modify the Language
of the Exclusion on Special Trailer (ST)
Tires
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Comment 2: Whether Slingshot Tires Are
Included in the Scope
Comment 3: Critical Circumstances
Comment 4: Whether Sailun Group Should
Receive a Double Remedy Adjustment
Comment 5: Whether the Department
Applied the Appropriate Double Remedy
Adjustment to Cooper
Comment 6: Whether GITI Companies
Should Receive a Double Remedy
Adjustment
Comment 7: Analysis of the Pass-through
Rate of the Double Remedy Adjustment
Comment 8: Whether to Grant Sailun Group
an Offset for By-Products
Comment 9: Whether to Include Goodyear
Thailand’s Financial Statements in the
Calculation of the Financial Ratios
Comment 10: Whether to Include Export
Expenses in the SG&A Ratios for SR
Tyres and Hihero
Comment 11: Whether to Include All Labor
Related Costs in the Denominator of the
Financial Ratios Calculation
Comment 12: Selection of Surrogate Country
Comment 13: Valuation of Labor
Comment 14: Valuation of Market Economy
Purchases
Comment 15: Valuation of Truck Freight
Comment 16: Calculation of Market Economy
Purchases
Comment 17: Valuation of Brokerage &
Handling
Comment 18: Valuation of GITI Companies’
Steam
Comment 19: Valuation of Sailun Group’s
Steam
Comment 20: Valuation of GITI Companies’
Ocean Freight
Comment 21: Valuation of Sailun Group’s
Ocean Freight
Comment 22: Valuation of Sailun Group’s
U.S. Inland Freight
Comment 23: Valuation of Sailun Group’s
Reclaimed Rubber
Comment 24: Sailun Group’s Name Change
Comment 25: Cooper’s Name Change
Comment 26: Shandong Yongtai Chemical
Co., Ltd.’s (Yongtai) Name Change
Comment 27: Application of AFA to all
Subject Merchandise Produced by
Yongsheng
Comment 28: Whether the Department
Properly Accounted for the WeightedAverage Price of Certain Market
Economy Purchases
Comment 29: Whether the Department Made
All Appropriate Adjustments in the
Calculation of Sailun Group’s U.S. Price
Comment 30: Whether the Department
Should Apply AFA to GITI Companies’
Unreported Sales Submitted as a Minor
Correction at Verification
Comment 31: Whether the Department
Should Use the GITI Companies’ Revised
Databases that Include All the Minor
Corrections
Comment 32: Whether the Department
Should Reduce the Sailun Group’s U.S.
Prices by the Amount of the
Irrecoverable VAT
Comment 33: Whether the Irrecoverable VAT
Percentage Should Be Applied to the
FOB China Value
Comment 34: Whether the Department
Correctly Reduced the U.S. Price by the
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16:53 Jun 17, 2015
Jkt 235001
Amount of the Irrecoverable VAT
Comment 35: The Department’s Authority to
Apply a PRC-Wide Rate
Comment 36: PRC Government Control of the
Economy
Comment 37: Guangzhou Wanli Tire Trading
Co. Ltd.’s (Wanli) Separate Rate Status
Comment 38: Guizhou Tyre Import and
Export Co., Ltd.’s (GTCIE) Separate Rate
Status
Comment 39: Double Coin Holdings’ (Double
Coin) Separate Rate Status
Comment 40: Shaanxi Yanchang Petroleum
Group Rubber Co., Ltd.’s (Shaanxi)
Separate Rate Status
Comment 41: Sichuan Tyre and Rubber Co.
Ltd.’s (Sichuan Tyre) Separate Rate
Status
Comment 42: Zhongce Rubber Group
Company Limited’s (Zhongce) Separate
Rate Status
Comment 43: Shandong Anchi Tyres Co.,
Ltd.’s (Anchi) Separate Rate Status
Comment 44: America Business Co., Ltd.’s
(America Business) Separate Rate Status
Comment 45: Highpoint Trading, Ltd.,
(Highpoint) and Federal Tire (Jiangxi),
Ltd. (Jiangxi) Separate Rate Status
Comment 46: Qingdao Jinhaoyang
International Co., Ltd.’s (Jinhaoyang)
Separate Rate Status
Comment 47: Qingdao Au-Shine Group Co.,
Limited’s (Au-Shine) Separate Rate
Status
Comment 48: Qingdao Fuyingxiang Imp. &
Exp. Co., Ltd.’s (Fuyingxiang) Separate
Rate Status
Comment 49: Shandong Changfeng Tyres Co.,
Ltd.’s (Changfeng) Separate Rate Status
Comment 50: Shandong Fengyuan Tire
Manufacturing Co., Ltd.’s (Fengyuan)
Separate Rate Status
Comment 51: Longkou Xinglong Tyre Co.,
Ltd.’s (Longkou) Separate Rate Status
Comment 52: Liaoning Permanent Tyre Co.,
Ltd.’s (Permanent) Separate Rate Status
Comment 53: Qingdao Fullrun Tyre Corp.
Ltd.’s (Fullrun) Separate Rate Status
Comment 54: Zhejiang Qingda Rubber Co.,
Ltd.’s (Qingda) Separate Rate Status
Appendix II
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
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
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Fmt 4703
Sfmt 4703
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, unless the
tire falls within one of the specific exclusions
set out below.
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; such tires do not bear
the symbol ‘‘DOT’’ on the sidewall and may
be marked with ‘‘ZR’’ in size designation;
(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;
(4) non-pneumatic tires, such as solid
rubber tires;
(5) tires designed and marketed exclusively
as temporary use spare tires for passenger
vehicles which, in addition, exhibit each of
the following physical characteristics:
(a) The size designation and load index
combination molded on the tire’s sidewall
are listed in Table PCT–1B (‘‘T’’ Type Spare
Tires for Temporary Use on Passenger
Vehicles) of the Tire and Rim Association
Year Book,
(b) the designation ‘‘T’’ is molded into the
tire’s sidewall as part of the size designation,
and,
(c) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed
is 81 MPH or a ‘‘M’’ rating;
(6) tires designed and marketed exclusively
for specialty tire (ST) use which, in addition,
exhibit each of the following conditions:
(a) The size designation molded on the
tire’s sidewall is listed in the ST sections of
the Tire and Rim Association Year Book,
(b) the designation ‘‘ST’’ is molded into the
tire’s sidewall as part of the size designation,
(c) the tire incorporates a warning,
prominently molded on the sidewall, that the
tire is ‘‘For Trailer Service Only’’ or ‘‘For
Trailer Use Only’’,
(d) the load index molded on the tire’s
sidewall meets or exceeds those load indexes
listed in the Tire and Rim Association Year
Book for the relevant ST tire size, and
(e) either
(i) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
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or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed
does not exceed 81 MPH or an ‘‘M’’ rating;
or
(ii) the tire’s speed rating molded on the
sidewall is 87 MPH or an ‘‘N’’ rating, and in
either case the tire’s maximum pressure and
maximum load limit are molded on the
sidewall and either
(1) both exceed the maximum pressure and
maximum load limit for any tire of the same
size designation in either the passenger car
or light truck section of the Tire and Rim
Association Year Book; or
(2) if the maximum cold inflation pressure
molded on the tire is less than any cold
inflation pressure listed for that size
designation in either the passenger car or
light truck section of the Tire and Rim
Association Year Book, the maximum load
limit molded on the tire is higher than the
maximum load limit listed at that cold
inflation pressure for that size designation in
either the passenger car or light truck section
of the Tire and Rim Association Year Book;
(7) tires designed and marketed exclusively
for off-road use and which, in addition,
exhibit each of the following physical
characteristics:
(a) The size designation and load index
combination molded on the tire’s sidewall
are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim
Association Year Book,
(b) in addition to any size designation
markings, the tire incorporates a warning,
prominently molded on the sidewall, that the
tire is ‘‘Not For Highway Service’’ or ‘‘Not for
Highway Use’’,
(c) the tire’s speed rating is molded on the
sidewall, indicating the rated speed in MPH
or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed
does not exceed 55 MPH or a ‘‘G’’ rating, and
(d) the tire features a recognizable off-road
tread design.
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:
4011.99.45.10, 4011.99.45.50, 4011.99.85.10,
4011.99.85.50, 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. 2015–15058 Filed 6–17–15; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–837, A–570–954, C–570–955]
Certain Magnesia Carbon Bricks From
the People’s Republic of China and
Mexico: Notice of Court Decision Not
in Harmony With Final Scope Ruling
and Notice of Amended Final Scope
Ruling Pursuant to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 22, 2015, the United
States Court of International Trade (CIT)
sustained the Final Redetermination
issued by the Department of Commerce
(Department), in which it determined
that Fedmet Resources Corporation’s
(Fedmet) Bastion® magnesia alumina
carbon bricks (MACBs) are outside the
scope of the antidumping and
countervailing duty orders on certain
magnesia carbon bricks (MCBs) from
Mexico and the People’s Republic of
China (PRC),1 pursuant to the CIT’s
remand order in Fedmet Resources
Corporation v. United States, Court No.
12–00215 (CIT February 23, 2015).2
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (CAFC) in Timken,3 as
clarified by Diamond Sawblades,4 the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s Final
Scope Ruling on Bastion® MACBs 5 and
is amending its final scope ruling.
DATES: Effective Date: June 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, 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) 482–4261.
AGENCY:
1 See Certain Magnesia Carbon Bricks from
Mexico and the People’s Republic of China:
Antidumping Duty Orders, 75 FR 57257 (September
20, 2010) and Certain Magnesia Carbon Bricks from
the People’s Republic of China: Countervailing Duty
Order, 75 FR 57442 (September 21, 2010) (Orders).
2 See Final Results of Redetermination Pursuant
to Court Remand Magnesia Carbon Bricks from the
People’s Republic of China and Mexico, Fedmet
Resources Corporation v. United States, Court No.
12–00215 (March 24, 2015) (Final
Redetermination).
3 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
4 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
5 See ‘‘Memorandum from Barbara E. Tillman,
‘‘Certain Magnesia Carbon Bricks From the People’s
Republic of China and Mexico: Final Scope RulingFedmet Resources Corporation’’ dated July 2, 2012
(Final Scope Ruling) at 2.
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34899
SUPPLEMENTARY INFORMATION:
Background
On May 3, 2011, Fedmet filed a
request for a scope ruling claiming that
its Bastion® MACBs are outside the
scope of the Orders. The Department
issued its Final Scope Ruling on July 2,
2012, and found that Fedmet’s
Bastion® MACBs are included in the
scope of the Orders.
Fedmet challenged the Department’s
Final Scope Ruling before the CIT. On
May 30, 2013, the CIT sustained the
Department’s analysis pursuant to 19
CFR 351.225(k)(1) and (k)(2).6 Fedmet
appealed the CIT’s judgment to the
CAFC. On June 20, 2014, in a divided
decision, the CAFC reversed the CIT.7
The CAFC held that the references to
‘‘MACBs’’ in the (k)(1) sources resolved
the inquiry and that the scope of the
Orders did not extend to MACBs.8
On February 23, 2015, the Department
issued its Final Redetermination and
found that, pursuant to the CAFC’s
decision and the CIT’s subsequent
remand order, Bastion® MACBs
imported by Fedmet were not subject to
the Orders. The CIT sustained the Final
Redetermination on May 22, 2015.9
Timken Notice
In its decision in Timken, as clarified
by Diamond Sawblades, the CAFC has
held that, pursuant to section 516A(c) of
the Tariff Act of 1930, as amended (the
Act), the Department must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
May 22, 2015, judgment in this case
constitutes a final decision of that court
that is not in harmony with the
Department’s Final Scope Ruling. This
notice is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will
continue suspension of liquidation of
Bastion® MACBs imported by Fedmet
pending expiration of the period of
appeal or, if appealed, pending a final
and conclusive court decision.
Amended Final Scope Ruling
Because there is now a final court
decision with respect to this case, the
Department is amending the Final
Scope Ruling and finds Fedmet’s
6 See Fedmet Res. Corp. v. United States, 911 F.
Supp. 2d 1348 (Ct. Int’l Trade 2013).
7 See Fedmet Res. Corp. v. United States, 755 F.3d
912, 923 (CAFC 2014).
8 Id. at 917.
9 See Fedmet Res. Corp. v. United States, Court
No. 12–00215 (CIT May 22, 2015) (judgment
sustaining Final Redetermination).
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]]>Agencies
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34893-34899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15058]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Antidumping Duty Investigation of Certain Passenger Vehicle and
Light Truck Tires From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, In Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective date June 18, 2015.
SUMMARY: The Department of Commerce (the Department) determines that
imports of certain passenger vehicle and light truck tires (passenger
tires) from the People's Republic of China (PRC) are being, or are
likely to be, sold in the United States at less than fair value (LTFV),
as provided in section 735 of the Tariff Act of 1930, as amended (the
Act). The final weighted-average dumping margins for the investigation
on passenger tires from the PRC are listed below in the ``Final
Determination'' section of this notice.
FOR FURTHER INFORMATION CONTACT: Toni Page, Lingjun Wang, or Jun Jack
Zhao, 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) 482-1398, (202) 482-2316, or (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2015, the Department published its affirmative
preliminary determination that passenger tires from the PRC are being,
or are likely to be, sold in the United States at less than fair value,
as provided by section 733 of the Act.\1\ The following events occurred
since the preliminary determination. On March 26, 2015, we published an
amended preliminary determination in the Federal Register.\2\ From
February 2, 2015 to February 13, 2015, and March 9, 2015 to March 13,
2015, the
[[Page 34894]]
Department conducted sales and factors-of-production verifications of
the two mandatory respondents: Giti Tire Global Trading Pte. Ltd., and
its affiliates, Giti Tire (USA) Ltd., Giti Radial Tire (Anhui) Company
Ltd., Giti Tire (Fujian) Company Ltd., Giti Tire (Hualin) Company Ltd.
(collectively, the GITI companies); and Sailun Group Co. and its
affiliates, Sailun Tire International Corp., Shandong Jinyu Industrial
Co., Ltd., Jinyu International Holding Co., Limited, Seatex
International Inc., Dynamic Tire Corp., Husky Tire Corp., Seatex PTE.
Ltd., (collectively, the Sailun Group). The Department issued
verification reports for the GITI companies on March 20, and March 27,
2015; and for Sailun Group on March 20, and March 30, 2015,
respectively.\3\ On April 10, 2015, Petitioner,\4\ the GITI companies,
Sailun Group, and a number of separate rate applicants filed case
briefs. On April 20, 2015, parties filed rebuttal briefs. On April 28,
2015, the Department held a hearing with respect to this investigation.
Interested parties also filed case briefs and rebuttal briefs on the
scope related issues on April 6, and April 13, respectively. On May 14,
2015, the Department held a separate hearing on scope related issues to
this investigation.
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Preliminary Determination of Sales at
Less Than Fair Value; Preliminary Affirmative Determination of
Critical Circumstances; In Part and Postponement of Final
Determination, 80 FR 4250 (January 27, 2015) (Preliminary
Determination).
\2\ See Antidumping Duty Investigation of Certain Passenger
Vehicle and Light Truck Tires from the People's Republic of China:
Amended Affirmative Preliminary Determination, 80 FR 15987 (March
26, 2015) (Amended Preliminary Determination).
\3\ See Verification Report of the Sales and Factors Responses
of Giti Tire Global Trading Pte. Ltd. and Its Affiliated
Subsidiaries in the Antidumping Duty Investigation of Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China, dated March 20, 2015 (GITI China Verification Report);
Verification Report of U.S. Sales of Giti Tire (USA) Ltd. in the
Antidumping Duty Investigation of Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China, dated March
27, 2015 (GITI CEP Verification Report); Verification of the Sales
and Factors Response of Sailun Group Co., Ltd., Sailun Tire
International Corp., Shandong Jinyu Industrial Co., Ltd., Jinyu
International Holding Co., Limited, Seatex International Inc.,
Dynamic Tire Corp., Husky Tire Corp., and Seatex PTE. Ltd. in the
Antidumping Investigation of Passenger Vehicle and Light Truck Tires
from the People's Republic of China, dated March 20, 2015 (Sailun
China Verificaiton Report); and Verification of the U.S. Sales
Responses of Sailun Group Co., Ltd., in the Antidumping Duty
Investigation of Passenger Vehicle and Light Truck Tires from the
People's Republic of China, dated March 30, 2015 (Sailun CEP
Verificaiton Report).
\4\ Petitioner is United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is October 1, 2013, through March
31, 2014.
Scope of the Investigation and Scope Comments
The products covered by this investigation are certain passenger
tires from the PRC. 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: 4011.99.45.10, 4011.99.45.50, 4011.99.85.10,
4011.99.85.50, 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.
The Department received comments regarding the scope of this
investigation from numerous interested parties, which we have
summarized and addressed in the accompanying Issues and Decision
Memorandum.\5\ As explained in the Issues and Decision Memorandum, to
facilitate the scope's administrability and enforcement, we have
clarified the scope language such that ``N'' speed-rated specialty
trailer tires that meet certain requirements are excluded from the
scope.\6\ For a complete description of the scope of the investigation,
see Appendix II to this notice.
---------------------------------------------------------------------------
\5\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for the Final
Determination in the Antidumping Duty Investigation of Certain
Passenger Vehicle and Light Truck Tires from the People's Republic
of China'' at Comments 1 and 2 (dated concurrently with this
notice).
\6\ Id.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the Issues and Decision Memorandum
accompanying this notice, which is hereby adopted by this notice. A
list of the issues which the parties raised and to which the Department
responded in the memorandum appears in Appendix I of this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the memorandum are identical in content.
Changes Since the Amended Preliminary Determination
Based on our review and analysis of the comments received from
parties, and minor corrections presented at verification, we made
certain changes to the GITI companies' and the Sailun Group's margin
calculations since the Amended Preliminary Determination. For a
discussion of these changes, see the Issues and Decision Memorandum and
the Final Analysis Memoranda, all dated concurrently with this
notice.\7\
---------------------------------------------------------------------------
\7\ See Final Analysis Memorandum for the PRC-Wide Entity, Final
Analysis Memorandum for Giti Tire Global Trading Pte. Ltd. and its
affiliates, and Final Analysis Memorandum for Sailun Group Co. and
its affiliates, dated concurrently with this notice.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation.\8\ Policy Bulletin 05.1 sets forth
this practice.\9\
---------------------------------------------------------------------------
\8\ See Certain Passenger Vehicle and Light Truck Tires From the
People's Republic of China: Initiation of Antidumping Duty
Investigation, 79 FR 42292 (July 21, 2014) (Initiation Notice).
\9\ See Enforcement and Compliance Policy Bulletin No. 05.1
``Separate-Rates Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market Economy Countries,''
(April 5, 2005) (Policy Bulletin 05.1), available on the
Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
The Department determines that the estimated final weighted-average
dumping margins are as follows:
[[Page 34895]]
------------------------------------------------------------------------
Weighted-
average
Exporter(s) Producer(s) dumping margin
(percent)
------------------------------------------------------------------------
Giti Tire Global Trading Pte. Giti Radial Tire 29.97
Ltd., Giti Tire (USA) Ltd., (Anhui) Company Ltd.,
Giti Radial Tire (Anhui) Giti Tire (Fujian)
Company Ltd., Giti Tire Company Ltd., Giti
(Fujian) Company Ltd., Giti Tire (Hualin) Company
Tire (Hualin) Company Ltd., Ltd.
(Collectively, the GITI
Companies).
Sailun Group Co., Ltd. (aka Sailun Group Co., Ltd. 14.35
Sailun Jinyu Group Co., Ltd.), (aka Sailun Jinyu
Sailun Tire International Group Co., Ltd.),
Corp., Shandong Jinyu Shandong Jinyu
Industrial Co., Ltd., Jinyu Industrial Co., Ltd.
International Holding Co.,
Limited, Seatex International
Inc., Dynamic Tire Corp.,
Husky Tire Corp., Seatex PTE.
Ltd., (Collectively, Sailun
Group).
Cooper Tire & Rubber Company... Cooper Chengshan 25.30
(Shandong) Tire Co.,
Ltd., Cooper (Kunshan)
Tire Co., Ltd.
Cooper Chengshan (Shandong) Cooper Chengshan 25.30
Tire Co., Ltd. (Shandong) Tire Co.,
Ltd.
Cooper (Kunshan) Tire Co., Ltd. Cooper (Kunshan) Tire 25.30
Co., Ltd.
Best Choice International Trade Qingdao Sentury Tire 25.30
Co., Limited. Co., Ltd., Shandong
Haohua Tire Co., Ltd.,
Beijing Capital Tire
Co., Ltd.
Bridgestone (Wuxi) Tire Co., Bridgestone (Wuxi) Tire 25.30
Ltd. Co., Ltd.
Bridgestone Corporation........ Bridgestone (Wuxi) Tire 25.30
Co., Ltd.
Cheng Shin Tire & Rubber Cheng Shin Tire & 25.30
(China) Co., Ltd. Rubber (China) Co.,
Ltd., Cheng Shin Tire
& Rubber (Chongqing)
Co., Ltd.
Crown International Corporation Shandong Guofeng Rubber 25.30
Plastics Co., Ltd.,
Shandong Haohua Tire
Co., Ltd., Shandong
Jinyu Industrial Co.,
Ltd., Doublestar-
Dongfeng Tyre Co.,
Ltd., Shengtai Group
Co., Ltd., Qingdao
Doublestar Tire
Industrial Co., Ltd.,
Shandong Yongtai
Chemical Co., Ltd.
Goodyear Dalian Tire Company Goodyear Dalian Tire 25.30
Limited. Company Limited.
Guangzhou Pearl River Rubber Guangzhou Pearl River 25.30
Tyre Ltd. Rubber Tyre Ltd.
Hankook Tire China Co., Ltd.... Hankook Tire China Co., 25.30
Ltd.
Hebei Tianrui Rubber Co., Ltd.. Hebei Tianrui Rubber 25.30
Co., Ltd.
Highpoint Trading, Ltd......... Federal Tire (Jiangxi) 25.30
Ltd.
Hong Kong Tiancheng Investment Shandong Linglong Tyre 25.30
& Trading Co., Limited. Co., Ltd.
Hong Kong Tri-Ace Tire Co., Shandong Yongtai 25.30
Limited. Chemical Co., Ltd.,
Doublestar-Dongfeng
Tyre Co., Ltd.
Hwa Fong Rubber (Hong Kong) Ltd Hwa Fong Rubber 25.30
(Suzhou) Co., Ltd.
Jiangsu Hankook Tire Co., Ltd.. Jiangsu Hankook Tire 25.30
Co., Ltd.
Kenda Rubber (China) Co., Ltd.. Kenda Rubber (China) 25.30
Co., Ltd.
Kumho Tire Co., Inc............ Kumho Tire (Tianjin) 25.30
Co., Inc., Nanjing
Kumho Tire Co., Ltd.,
Kumho Tire (Changchun)
Co., Inc.
Mayrun Tyre (Hong Kong) Limited South China Tire & 25.30
Rubber Co., Ltd.,
Shandong Haohua Tire
Co., Ltd.
Nankang (Zhangjiagang Free Nankang (Zhangjiagang 25.30
Trade Zone) Rubber Industrial Free Trade Zone)
Co., Ltd. Rubber Industrial Co.,
Ltd.
Pirelli Tyre Co., Ltd.......... Pirelli Tyre Co., Ltd.. 25.30
Qingdao Crown Chemical Co., Ltd Shandong Guofeng Rubber 25.30
Plastics Co., Ltd.,
Shandong Haohua Tire
Co., Ltd., Shandong
Jinyu Industrial Co.,
Ltd., Doublestar-
Dongfeng Tyre Co., Ltd.
Qingdao Free Trade Zone Full- Shandong Zhentai Group 25.30
World International Trading Co., Ltd., Longkou
Co., Ltd. Xinglong Tyre Co.,
Ltd., Hebei Tianrui
Rubber Co., Ltd.
Qingdao Fullrun Tyre Corp. Ltd. Fullrun Tyre Tech 25.30
Corp., Ltd., Shengtai
Group Co., Ltd.,
Shandong Zhongyi
Rubber Co., Ltd.,
Shandong Guofeng
Rubber Plastics Co,
Ltd., Deruibao Tire
Co., Ltd., Shandong
New Continent Tire
Co., Ltd., Shandong
Fengyuan Tyre
Manufacturing Co.,
Ltd., Sichuan Tyre &
Rubber Co., Ltd.,
Qingdao Futaian Tyre
Teck. Co., Ltd., Good
Friend Tyre Co., Ltd.,
Shandong Hengyu
Science & Technology
Co., Ltd., Shandong
Longyue Rubber Co.,
Ltd., Shouguang
Firemax Tyre Co.,
Ltd., Beijing Capital
Tire Co., Ltd.,
Shandong Wanda Boto
Tyre Co., Ltd.,
Zhaoqing Junhong Co.,
Ltd., Shandong
Huasheng Rubber Co.,
Ltd., Shandong Haohua
Tire Co., Ltd.,
Shandong Province
Sanli Tire
Manufactured Co., Ltd.
Qingdao Fullrun Tyre Tech Qingdao Fullrun Tyre 25.30
Corp., Ltd. Tech Corp., Ltd.
Qingdao Honghua Tyre Factory... Qingdao Honghua Tyre 25.30
Factory.
Qingdao Nama Industrial Co., Shandong Guofeng Rubber 25.30
Ltd. Plastics Co., Ltd.,
Shandong Hengyu
Science & Technology
Co., Ltd., Shandong
Longyue Rubber Co.,
Ltd., Shandong Haohua
Tire Co., Ltd.,
Shouguang Firemax Tyre
Co., Ltd., Shandong
Zhongyi Rubber Co.,
Ltd., Shandong Yonking
Rubber Co., Ltd.,
Shandong Hongsheng
Rubber Technology Co.,
Ltd.
Qingdao Nexen Tire Corporation. Qingdao Nexen Tire 25.30
Corporation.
[[Page 34896]]
Qingdao Odyking Tyre Co., Ltd.. Doublestar-Dongfeng 25.30
Tyre Co., Ltd.,
Shandong Fengyuan Tire
Manufacturing Co.,
Ltd., Shouguang
Firemax Tyre Co., Ltd.
Qingdao Qianzhen Tyre Co., Ltd. Qingdao Qianzhen Tyre 25.30
Co., Ltd.
Qingdao Qihang Tyre Co., Ltd... Qingdao Qihang Tyre 25.30
Co., Ltd.
Qingdao Qizhou Rubber Co., Ltd. Qingdao Qizhou Rubber 25.30
Co., Ltd.
Qingdao Sentury Tire Co., Ltd.. Qingdao Sentury Tire 25.30
Co., Ltd.
Shandong Anchi Tyres Co., Ltd.. Shandong Anchi Tyres 25.30
Co., Ltd.
Shandong Changfeng Tyres Co., Shandong Changfeng 25.30
Ltd. Tyres Co., Ltd.
Shandong Duratti Rubber Shandong Duratti Rubber 25.30
Corporation Co., Ltd. Corporation Co., Ltd.
Shandong Guofeng Rubber Shandong Guofeng Rubber 25.30
Plastics Co., Ltd. Plastics Co., Ltd.
Shandong Haohua Tire Co., Ltd.. Shandong Haohua Tire 25.30
Co., Ltd.
Shandong Haolong Rubber Tire Shandong Haolong Rubber 25.30
Co., Ltd. Tire Co., Ltd.
Shandong Hawk International Shandong Hawk 25.30
Rubber Industry Co., Ltd. International Rubber
Industry Co., Ltd.
Shandong Hengyu Science & Shandong Hengyu Science 25.30
Technology Co., Ltd. & Technology Co., Ltd.
Shandong Huitong Tyre Co., Ltd. Shandong Huitong Tyre 25.30
Co., Ltd., Laiwu
Sunshine Tyre Co., Ltd.
Shandong Linglong Tyre Co., Ltd Shandong Linglong Tyre 25.30
Co., Ltd.
Shandong Longyue Rubber Co., Shandong Longyue Rubber 25.30
Ltd. Co., Ltd.
Shandong New Continent Tire Shandong New Continent 25.30
Co., Ltd. Tire Co., Ltd.
Shandong Province Sanli Tire Shandong Province Sanli 25.30
Manufactured Co., Ltd. Tire Manufactured Co.,
Ltd.
Shandong Shuangwang Rubber Co., Shandong Shuangwang 25.30
Ltd. Rubber Co., Ltd.
Shandong Wanda Boto Tyre Co., Shandong Wanda Boto 25.30
Ltd. Tyre Co., Ltd.
Shandong Yongtai Chemical Co., Shandong Yongtai 25.30
Ltd. Chemical Co., Ltd.
Shandong Zhongyi Rubber Co., Shandong Zhongyi Rubber 25.30
Ltd. Co., Ltd.
Shengtai Group Co., Ltd........ Shengtai Group Co., 25.30
Ltd., Shandong
Shengshitailai Rubber
Technology Co., Ltd.
Shifeng Juxing Tire Co., Ltd... Shifeng Juxing Tire 25.30
Co., Ltd.
Shouguang Firemax Tyre Co., Ltd Shouguang Firemax Tyre 25.30
Co., Ltd.
Southeast Mariner International Dongying Zhongyi Rubber 25.30
Co., Ltd. Co., Ltd., Shandong
Haohua Tire Co., Ltd.
Techking Tires Limited......... Shandong Longyue Rubber 25.30
Co., Ltd.
Toyo Tire (Zhangjiagang) Co., Toyo Tire 25.30
Ltd. (Zhangjiagang) Co.,
Ltd.
Triangle Tyre Co., Ltd......... Triangle Tyre Co., Ltd. 25.30
Tyrechamp Group Co., Limited... Shandong Haohua Tire 25.30
Co., Ltd., Sichuan
Tyre & Rubber Co.,
Ltd., Shandong Anchi
Tyres Co., Ltd.,
Beijing Capital Tire
Co. Ltd., Shandong
Wanda Boto Tyre Co.,
Ltd., Shandong Wosen
Rubber Co., Ltd.,
Shandong Zhentai Group
Co., Ltd., Shandong
Yonking Rubber Co.,
Ltd., Qingdao
Doublestar Tire
Industrial Co., Ltd.,
South China Tire &
Rubber Co. Ltd., Anhui
Heding Tire Technology
Co., Ltd.
Weihai Ping'an Tyre Co., Ltd... Weihai Ping'an Tyre 25.30
Co., Ltd.
Weihai Zhongwei Rubber Co., Ltd Weihai Zhongwei Rubber 25.30
Co., Ltd.
Wendeng Sanfeng Tyre Co., Ltd.. Wendeng Sanfeng Tyre 25.30
Co., Ltd.
Winrun Tyre Co., Ltd........... Shaanxi Yanchang 25.30
Petroleum Group Rubber
Co. Ltd.
Zenith Holdings (HK) Limited... Shandong Linglong Tyre 25.30
Co., Ltd.
Zhaoqing Junhong Co., Ltd...... Zhaoqing Junhong Co., 25.30
Ltd.
PRC-Wide Entity *.............. ....................... 87.99
------------------------------------------------------------------------
* The PRC-wide entity includes, among other companies, Yongsheng Rubber
Group Co., Ltd. (Yongsheng), a mandatory respondent in this
investigation that did not demonstrate that it is entitled to a
separate rate. Accordingly, we consider Yongsheng to be part of the
PRC-Wide Entity.
Disclosure
We intend to disclose to parties the calculations performed in this
proceeding within five days of any public announcement of this notice
in accordance with 19 CFR 351.224(b).
Final Affirmative Determination of Critical Circumstances, In Part
We continue to find that critical circumstances do not exist for
the GITI companies and the Sailun Group. In addition, we found that
critical circumstances do not exist for the separate rate companies,
while they do exist for the PRC-wide entity. A discussion of our
determination can be found in the Issues and Decision Memorandum at the
section, ``Critical Circumstances.''
Continuation of Suspension of Liquidation
As noted above, for this final determination, the Department found
that critical circumstances exist with respect to imports of the
subject merchandise from the PRC-wide entity. Therefore, in accordance
with section 735(c)(4)(A) of the Act, we will instruct U.S. Customs and
Border Protection (CBP) to continue to suspend liquidation of all
imports of the merchandise subject to the investigation from the PRC-
wide entity, that were entered or withdrawn from warehouse, for
consumption on or after October 29, 2014, 90 days prior to publication
of the Preliminary Determination in the Federal Register, and require a
cash deposit for such entries as noted below.
Because we did not find that critical circumstances exist with
respect to the GITI companies, the Sailun Group, and the separate rate
companies,\10\ in
[[Page 34897]]
accordance with section 735(c)(1)(B) of the Act, we will instruct CBP
to continue to suspend liquidation of all appropriate entries of
passenger tires from the PRC, as described in the ``Scope of the
Investigation and Scope Comments'' section of this notice and which
were entered, or withdrawn from warehouse, for consumption on or after
January 27, 2015, the date of publication of the Preliminary
Determination in the Federal Register.
---------------------------------------------------------------------------
\10\ With regard to the separate rate companies, we will also
instruct CBP to terminate suspension and to release any bond or
other security, and refund any cash deposit made, to secure the
payment of estimated antidumping duties with respect to entries of
the merchandise entered, or withdrawn from warehouse, for
consumption on or after October 29, 2014 (i.e., 90 days prior to the
date of publication of the Federal Register), but before January 27,
2015 (the date of publication of the Preliminary Determination).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a
cash deposit \11\ for all suspended entries at an ad valorem rate equal
to the weighted-average amount by which normal value exceeds U.S.
price, as follows: (1) The cash deposit rate for the exporter/producer
combination listed in the table above will be the rate identified for
that combination in the table adjusted where appropriate for export
subsidies and estimated domestic subsidy pass-through; \12\ (2) for all
combinations of PRC exporters/producers of merchandise under
consideration that have not received their own separate rate above, the
cash-deposit rate will be the cash deposit rate established for the
PRC-wide entity, 87.99 percent, adjusted where appropriate for export
subsidies and estimated domestic subsidy pass-through; and (3) for all
non-PRC exporters of the merchandise under consideration which have not
received their own separate rate above, the cash-deposit rate will be
the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter. These suspension of
liquidation and cash deposit instructions will remain in effect until
further notice.
---------------------------------------------------------------------------
\11\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\12\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the Department
calculates the adjustment for export subsidies in investigations not
in the margin-calculation program, but in the cash-deposit
instructions issued to CBP. See Notice of Final Determination of
Sales at Less Than Fair Value, and Negative Determination of
Critical Circumstances: Certain Lined Paper Products from India, 71
FR 45012 (August 8, 2006), and accompanying Issues and Decision
memorandum at Comment 1.
---------------------------------------------------------------------------
As stated previously, we will adjust cash deposit rates by the
amount of export subsidies, where appropriate. In the companion CVD
investigation, GITI companies received a calculated export subsidy rate
of 15.03 percent while the all-others companies received a calculated
export subsidy rate of 13.53 percent.\13\ Therefore, we will offset
GITI companies' cash deposit rate of 29.97 percent by 15.03 percent,
while the Sailun Group's and the separate rate companies' cash deposit
rates of 14.35 percent and 25.30 percent, respectively, will be reduced
by 13.53 percent as these companies were considered ``all-others''
companies in the companion CVD case. For Cooper Tire & Rubber Company,
Cooper (Kunshan) Tire Co., Ltd., and Cooper Chengshan (Shandong) Tire
Co., Ltd. (collectively, Cooper), another mandatory respondent in the
companion CVD investigation, we will offset its cash deposit rate of
25.30 percent by its cacluated export subsidy rate of 11.13 percent.
Finally, we are adjusting the cash deposit rate applicable to the PRC-
wide entity for export subsidies, by the lowest export subsidy rate
determined for any party in the companion CVD proceeding, which is
11.13 percent.\14\
---------------------------------------------------------------------------
\13\ See Cerain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and accompanying Issues and Decision Memorandum (CVD
Final). The final determination in this companion CVD proceeding is
being concurrently released on the same day as this final
determination. See also, Memorandum to the File, ``Certain Passenger
Vehicle and Light Truck from the People's Republic of China: Double
Remides Final Calculation Memorandum,'' dated concurrently with this
notice (Double Remedies Memorandum).
\14\ Id.
---------------------------------------------------------------------------
Pursuant to 777A(f) of the Act, we are also adjusting final cash
deposit rates for estimated domestic subsidy pass-through, where
appropriate. We will adjust the Sailun Group's,\15\ Cooper's and the
separate rate companies' cash deposit rates by 3.59 percent to account
for estimated domestic subsidy pass-through.\16\ We are also adjusting
GITI companies' and the PRC-wide entity's cash deposit rate by 0.40
percent to account for estimated domestic subsidy pass-through.\17\
---------------------------------------------------------------------------
\15\ Sailun Group's AD cash deposit rate after adjusting for
export subsidies and estimated domestic subsidy pass-through will be
zero percent. We will instruct CBP to require a cash deposit for all
of Sailun Group's suspended entries at an ad valorem rate of zero
percent.
\16\ See CVD Final and Double Remedies Memorandum.
\17\ Id.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at less than fair value. Because the final
determination in this proceeding is affirmative, the ITC will make its
final determination, in accordance with section 735(b)(2) of the Act,
as to whether the domestic industry in the United States is materially
injured, threatened with material injury, or the establishment of an
industry in the United States is materially retarded by reason of
imports of passenger tires from the PRC, no later than 45 days after
our final determination. If the ITC determines that material injury,
threat of material injury, or material retardation does not exist, this
proceeding will be terminated and all securities posted will be
refunded or canceled. If the ITC determines that such injury or
material retardation does exist, then the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders (APO)
In the event the ITC issues a final negative injury determination,
this notice will serve as the only reminder to parties subject to an
APO 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 or destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation subject to sanction.
This determination and notice are issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: June 11, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Outline of the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Adverse Facts Available
V. Critical Circumstances
VI. Margin Calculations
VII. Discussion of the Issues
VIII. Recommendation
List of Topics Discussed in the Issues and Decision Memorandum
Comment 1: Whether to Modify the Language of the Exclusion on
Special Trailer (ST) Tires
[[Page 34898]]
Comment 2: Whether Slingshot Tires Are Included in the Scope
Comment 3: Critical Circumstances
Comment 4: Whether Sailun Group Should Receive a Double Remedy
Adjustment
Comment 5: Whether the Department Applied the Appropriate Double
Remedy Adjustment to Cooper
Comment 6: Whether GITI Companies Should Receive a Double Remedy
Adjustment
Comment 7: Analysis of the Pass-through Rate of the Double Remedy
Adjustment
Comment 8: Whether to Grant Sailun Group an Offset for By-Products
Comment 9: Whether to Include Goodyear Thailand's Financial
Statements in the Calculation of the Financial Ratios
Comment 10: Whether to Include Export Expenses in the SG&A Ratios
for SR Tyres and Hihero
Comment 11: Whether to Include All Labor Related Costs in the
Denominator of the Financial Ratios Calculation
Comment 12: Selection of Surrogate Country
Comment 13: Valuation of Labor
Comment 14: Valuation of Market Economy Purchases
Comment 15: Valuation of Truck Freight
Comment 16: Calculation of Market Economy Purchases
Comment 17: Valuation of Brokerage & Handling
Comment 18: Valuation of GITI Companies' Steam
Comment 19: Valuation of Sailun Group's Steam
Comment 20: Valuation of GITI Companies' Ocean Freight
Comment 21: Valuation of Sailun Group's Ocean Freight
Comment 22: Valuation of Sailun Group's U.S. Inland Freight
Comment 23: Valuation of Sailun Group's Reclaimed Rubber
Comment 24: Sailun Group's Name Change
Comment 25: Cooper's Name Change
Comment 26: Shandong Yongtai Chemical Co., Ltd.'s (Yongtai) Name
Change
Comment 27: Application of AFA to all Subject Merchandise Produced
by Yongsheng
Comment 28: Whether the Department Properly Accounted for the
Weighted-Average Price of Certain Market Economy Purchases
Comment 29: Whether the Department Made All Appropriate Adjustments
in the Calculation of Sailun Group's U.S. Price
Comment 30: Whether the Department Should Apply AFA to GITI
Companies' Unreported Sales Submitted as a Minor Correction at
Verification
Comment 31: Whether the Department Should Use the GITI Companies'
Revised Databases that Include All the Minor Corrections
Comment 32: Whether the Department Should Reduce the Sailun Group's
U.S. Prices by the Amount of the Irrecoverable VAT
Comment 33: Whether the Irrecoverable VAT Percentage Should Be
Applied to the FOB China Value
Comment 34: Whether the Department Correctly Reduced the U.S. Price
by the Amount of the Irrecoverable VAT
Comment 35: The Department's Authority to Apply a PRC-Wide Rate
Comment 36: PRC Government Control of the Economy
Comment 37: Guangzhou Wanli Tire Trading Co. Ltd.'s (Wanli) Separate
Rate Status
Comment 38: Guizhou Tyre Import and Export Co., Ltd.'s (GTCIE)
Separate Rate Status
Comment 39: Double Coin Holdings' (Double Coin) Separate Rate Status
Comment 40: Shaanxi Yanchang Petroleum Group Rubber Co., Ltd.'s
(Shaanxi) Separate Rate Status
Comment 41: Sichuan Tyre and Rubber Co. Ltd.'s (Sichuan Tyre)
Separate Rate Status
Comment 42: Zhongce Rubber Group Company Limited's (Zhongce)
Separate Rate Status
Comment 43: Shandong Anchi Tyres Co., Ltd.'s (Anchi) Separate Rate
Status
Comment 44: America Business Co., Ltd.'s (America Business) Separate
Rate Status
Comment 45: Highpoint Trading, Ltd., (Highpoint) and Federal Tire
(Jiangxi), Ltd. (Jiangxi) Separate Rate Status
Comment 46: Qingdao Jinhaoyang International Co., Ltd.'s
(Jinhaoyang) Separate Rate Status
Comment 47: Qingdao Au-Shine Group Co., Limited's (Au-Shine)
Separate Rate Status
Comment 48: Qingdao Fuyingxiang Imp. & Exp. Co., Ltd.'s
(Fuyingxiang) Separate Rate Status
Comment 49: Shandong Changfeng Tyres Co., Ltd.'s (Changfeng)
Separate Rate Status
Comment 50: Shandong Fengyuan Tire Manufacturing Co., Ltd.'s
(Fengyuan) Separate Rate Status
Comment 51: Longkou Xinglong Tyre Co., Ltd.'s (Longkou) Separate
Rate Status
Comment 52: Liaoning Permanent Tyre Co., Ltd.'s (Permanent) Separate
Rate Status
Comment 53: Qingdao Fullrun Tyre Corp. Ltd.'s (Fullrun) Separate
Rate Status
Comment 54: Zhejiang Qingda Rubber Co., Ltd.'s (Qingda) Separate
Rate Status
Appendix II
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 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, unless the tire falls
within one of the specific exclusions set out below.
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; such tires do not bear the symbol ``DOT''
on the sidewall and may be marked with ``ZR'' in size designation;
(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;
(4) non-pneumatic tires, such as solid rubber tires;
(5) tires designed and marketed exclusively as temporary use
spare tires for passenger vehicles which, in addition, exhibit each
of the following physical characteristics:
(a) The size designation and load index combination molded on
the tire's sidewall are listed in Table PCT-1B (``T'' Type Spare
Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim
Association Year Book,
(b) the designation ``T'' is molded into the tire's sidewall as
part of the size designation, and,
(c) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
Tire and Rim Association Year Book, and the rated speed is 81 MPH or
a ``M'' rating;
(6) tires designed and marketed exclusively for specialty tire
(ST) use which, in addition, exhibit each of the following
conditions:
(a) The size designation molded on the tire's sidewall is listed
in the ST sections of the Tire and Rim Association Year Book,
(b) the designation ``ST'' is molded into the tire's sidewall as
part of the size designation,
(c) the tire incorporates a warning, prominently molded on the
sidewall, that the tire is ``For Trailer Service Only'' or ``For
Trailer Use Only'',
(d) the load index molded on the tire's sidewall meets or
exceeds those load indexes listed in the Tire and Rim Association
Year Book for the relevant ST tire size, and
(e) either
(i) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH
[[Page 34899]]
or a letter rating as listed by Tire and Rim Association Year Book,
and the rated speed does not exceed 81 MPH or an ``M'' rating; or
(ii) the tire's speed rating molded on the sidewall is 87 MPH or
an ``N'' rating, and in either case the tire's maximum pressure and
maximum load limit are molded on the sidewall and either
(1) both exceed the maximum pressure and maximum load limit for
any tire of the same size designation in either the passenger car or
light truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is
less than any cold inflation pressure listed for that size
designation in either the passenger car or light truck section of
the Tire and Rim Association Year Book, the maximum load limit
molded on the tire is higher than the maximum load limit listed at
that cold inflation pressure for that size designation in either the
passenger car or light truck section of the Tire and Rim Association
Year Book;
(7) tires designed and marketed exclusively for off-road use and
which, in addition, exhibit each of the following physical
characteristics:
(a) The size designation and load index combination molded on
the tire's sidewall are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire
incorporates a warning, prominently molded on the sidewall, that the
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
(c) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
the Tire and Rim Association Year Book, and the rated speed does not
exceed 55 MPH or a ``G'' rating, and
(d) the tire features a recognizable off-road tread design.
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: 4011.99.45.10, 4011.99.45.50,
4011.99.85.10, 4011.99.85.50, 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. 2015-15058 Filed 6-17-15; 8:45 am]
BILLING CODE 3510-DS-P
