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]

Download as PDF 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. VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 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.’’ PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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). E:\FR\FM\18JNN1.SGM 18JNN1 34894 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. tkelley on DSK3SPTVN1PROD with NOTICES 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). VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 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. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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 http://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 http:// 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 http:// enforcement.trade.gov/policy/bull05-1.pdf. E:\FR\FM\18JNN1.SGM 18JNN1 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 ................................................ VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 34896 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 * ....................................................................... 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 25.30 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). tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 16:53 Jun 17, 2015 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 Frm 00018 Fmt 4703 Sfmt 4703 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 E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 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. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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 E:\FR\FM\18JNN1.SGM 18JNN1 tkelley on DSK3SPTVN1PROD with NOTICES 34898 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices 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 VerDate Sep<11>2014 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 PO 00000 Frm 00020 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 E:\FR\FM\18JNN1.SGM 18JNN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices 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 VerDate Sep<11>2014 16:53 Jun 17, 2015 Jkt 235001 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. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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). E:\FR\FM\18JNN1.SGM 18JNN1

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]


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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.
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    \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.
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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.
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    \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.
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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 http://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 http://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 http://enforcement.trade.gov/policy/bull05-1.pdf.
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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