Truck and Bus Tires From the People's Republic of China: Initiation of Antidumping Duty Investigation, 9434-9440 [2016-04060]
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
demonstrating that imports of a
Panamanian origin textile or apparel
article that are like or directly
competitive with the articles produced
by the domestic industry concerned are
increasing in absolute terms or relative
to the domestic market for that article;
(3) U.S. domestic production of the like
or directly competitive articles of U.S.
origin indicating the nature and extent
of the serious damage or actual threat
thereof, along with an affirmation that to
the best of the requestor’s knowledge,
the data represent substantially all of
the domestic production of the like or
directly competitive article(s) of U.S.
origin; (4) imports from Panama as a
percentage of the domestic market of the
like or directly competitive article; and
(5) all data available to the requestor
showing changes in productivity,
utilization of capacity, inventories,
exports, wages, employment, domestic
prices, profits, and investment, and any
other information, relating to the
existence of serious damage or actual
threat thereof caused by imports from
Panama to the industry producing the
like or directly competitive article that
is the subject of the request. To the
extent that such information is not
available, the requestor should provide
best estimates and the basis therefore.
If CITA determines that the request
provides the information necessary for it
to be considered, CITA will publish a
notice in the Federal Register seeking
public comments regarding the request.
The comment period shall be 30
calendar days. The notice will include
a summary of the request. Any
interested party may submit information
to rebut, clarify, or correct public
comments submitted by any interested
party.
CITA will make a determination on
any request it considers within 60
calendar days of the close of the
comment period. If CITA is unable to
make a determination within 60
calendar days, it will publish a notice in
the Federal Register, including the date
it will make a determination.
If a determination under Section
322(a) of the Act is affirmative, CITA
may provide tariff relief to a U.S.
industry to the extent necessary to
remedy or prevent serious damage or
actual threat thereof and to facilitate
adjustment by the domestic industry to
import competition. The import tariff
relief is effective beginning on the date
that CITA’s affirmative determination is
published in the Federal Register.
Entities submitting requests,
responses or rebuttals to CITA may
submit both a public and confidential
version of their submissions. If the
request is accepted, the public version
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will be posted on the dedicated U.S.Panama Trade Promotion Agreement
textile safeguards section of the Office of
Textile and Apparel (OTEXA) Web site.
The confidential version of the request,
responses or rebuttals will not be shared
with the public as it may contain
business confidential information.
Entities submitting responses or
rebuttals may use the public version of
the request as a basis for responses.
II. Method of Collection
When an interested party files a
request for a textile and apparel
safeguard action with CITA, ten copies
of any such request must be provided in
a paper format. If business confidential
information is provided, two copies of
a non-confidential version must also be
provided. If CITA determines that the
request provides the necessary
information to be considered, it will
publish a Federal Register notice
seeking public comments on the
request.
To the extent business confidential
information is provided, a nonconfidential version must also be
provided. Any interested party may
submit information to rebut, clarify, or
correct public comments submitted by
any interested party.
III. Data
OMB Control Number: 0625–0274.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Individuals or
households; business or other for-profit
organizations.
Estimated Number of Respondents: 6
(1 for Request; 5 for Comments).
Estimated Time per Response: 4 hours
for a Request; and 4 hours for each
Comment.
Estimated Total Annual Burden
Hours: 24.
Estimated Total Annual Cost to
Public: $960.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
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Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: February 19, 2016.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2016–03972 Filed 2–24–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–040]
Truck and Bus Tires From the People’s
Republic of China: Initiation of
Antidumping Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective: February 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Andre Gziryan, AD/
CVD Operations Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5760 and (202) 482–2201,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On January 29, 2016, the Department
of Commerce (the Department) received
an antidumping duty (AD) petition
concerning imports of truck and bus
tires from the People’s Republic of
China (the PRC) officially filed in proper
form on behalf of the United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC
(USW or the petitioner).1 The AD
petition was accompanied by a
countervailing duty (CVD) petition
concerning imports of truck and bus
tires from the PRC. The petitioner is a
recognized union, which represents the
domestic industry engaged in the
manufacture of truck and bus tires in
the United States. On February 3, 2016,
the Department requested additional
information and clarification of certain
areas of the Petition 2 and on February
1 See ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Truck and Bus Tires from the
People’s Republic of China’’ dated January 29, 2016
(the Petition).
2 See Letters to the petitioner, ‘‘Petition for the
Imposition of Antidumping and Countervailing
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5, 2016, the petitioner filed supplements
to the Petition.3
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of truck and bus tires from the PRC are
being, or are likely to be, sold in the
United States at less than fair value
within the meaning of section 731 of the
Act, and that such imports are
materially injuring, or threatening
material injury to, an industry in the
United States. Also, consistent with
section 732(b)(1) of the Act, the Petition
is accompanied by information
reasonably available to the petitioner in
support of its allegations.
The Department finds that the
petitioner filed the petition on behalf of
the domestic industry because the
petitioner is an interested party as
defined in section 771(9)(D) of the Act,
and has demonstrated sufficient
industry support with respect to the
initiation of the AD investigation that it
is requesting.4
Period of Investigation
Because the petition was filed on
January 29, 2016, the period of
investigation (POI) is July 1, 2015,
through December 31, 2015.5
Scope of the Investigation
The product covered by this
investigation is truck and bus tires from
the PRC. For a full description of the
scope of the investigation, see the
‘‘Scope of the Investigation’’ at the
Appendix of this notice.
Comments on the Scope of the
Investigation
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During our review of the petition, we
issued questions to, and received
responses from, the petitioner
pertaining to the proposed scope in
order to ensure that the language of the
scope is an accurate reflection of the
products for which the domestic
Duties on Imports of Truck and Bus Tires from the
People’s Republic of China: Supplemental
Questions’’ dated February 3, 2016 (General Issues
Supplemental Questions) and ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Truck and Bus Tires from the People’s Republic of
China: Supplemental Questions’’ dated February 3,
2016 (AD Supplemental Questions).
3 See Letter from the petitioner ‘‘Petitioner’s
Response to the Department’s February 3, 2016
Supplemental Questions Regarding the
Antidumping Petition on China (A–570–040)’’
dated February 5, 2016 (AD Supplement); see also
‘‘Petitioner’s Response to the Department’s
February 3, 2016 Supplemental Questions
Regarding General Issues’’ dated February 5, 2016
(General Issues Supplement).
4 See ‘‘Determination of Industry Support for the
Petition’’ section, below.
5 See 19 CFR 351.204(b)(1).
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industry is seeking relief.6 As discussed
in the Preamble to our regulations, we
are setting aside a period for interested
parties to raise issues regarding product
coverage (scope).7 The period for scope
comments is intended to provide the
Department with ample opportunity to
consider all comments and to consult
with parties prior to the issuance of the
preliminary determination. If scope
comments include factual information,8
all such factual information should be
limited to public information. All such
comments must be filed no later than
5:00 p.m. Eastern Time (ET) on
Wednesday, March 9, 2016, which is 20
calendar days from the signature date of
this notice. Any rebuttal comments,
which may include factual information,
must be filed no later than 5:00 p.m. ET
on Monday, March 21, 2016, because 10
calendar days after the initial comments
falls on Saturday, March 19, 2016.9 The
Department requests that any factual
information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact the Department and request
permission to submit the additional
information. All such comments must
be filed on the records of the AD
investigation, as well as the concurrent
CVD investigation.
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). An electronically filed
document must be received successfully
in its entirety no later than 5:00 p.m. ET
on the date specified by the Department.
Documents excepted from the electronic
submission requirements must be filed
manually (i.e., in paper form) with
Enforcement and Compliance’s APO/
Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, and stamped with the date
6 See General Issues Supplemental Questionnaire;
see also General Issues Supplement at 2 and Exhibit
I–SQ–1, and the memorandum to the File entitled
‘‘Phone Call with Counsel to the Petitioner’’ dated
February 12, 2016.
7 See Antidumping Duties; Countervailing Duties
(Final Rule); 62 FR 27296, 27323 (May 19, 1997).
8 See 19 CFR 351.102(b)(21).
9 See 19 CFR 351.303(b)(1) (‘‘For both
electronically filed and manually filed documents,
if the applicable due date falls on a non-business
day, the Secretary will accept documents that are
filed on the next business day.’’)
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and time of receipt by the applicable
deadline.10
Comments on the Product
Characteristics for the AD
Questionnaire
The Department requests comments
from interested parties regarding the
appropriate physical characteristics of
truck and bus tires to be reported in
response to the Department’s AD
questionnaire. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they
believe are relevant to the development
of an accurate list of physical
characteristics. Specifically, interested
parties may provide comments as to
which characteristics are appropriate to
use as: (1) General product
characteristics and (2) productcomparison criteria. It is not always
appropriate to use all product
characteristics as product-comparison
criteria. We base product-comparison
criteria on meaningful commercial
differences among products. In other
words, while there may be some
physical product characteristics
manufacturers used to describe truck
and bus tires, it may be that only a
select few product characteristics take
into account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally, the
Department attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, we must
receive comments on product
characteristics no later than March 9,
2016. Rebuttal comments must be
received no later than March 16, 2016.
All comments and submissions to the
10 See 19 CFR 351.303(b); see also Antidumping
and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended
in Enforcement and Compliance: Change of
Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of the Department’s
electronic filing requirements, which went into
effect on August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook%20on%20
Electronic%20Filling%20Procedures.pdf.
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Department must be filed electronically
using ACCESS, as explained above.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product,11 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.12
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
11 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
12 See
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reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the Petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we have determined that truck
and bus tires constitute a single
domestic like product and we have
analyzed industry support in terms of
that domestic like product.13
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the Appendix of this
notice. To establish industry support,
the petitioner estimated the 2015
production for each U.S. producer of
truck and bus tires, by plant. The
petitioner based its estimates of 2015 off
truck and bus tire production by plant
on daily plant-specific production
capacity data published in Modern Tire
Dealer. The petitioner multiplied the
daily production capacity data by 360
(to estimate annual capacity). The
petitioner estimated 2015 truck and bus
tire production in the United States
using data on U.S. shipments, imports,
and exports of truck and bus tires in
2015. To calculate a capacity utilization
rate for the U.S. truck and bus tire
industry in 2015, the petitioner
compared estimated U.S. production of
truck and bus tires in 2015 to the 2015
U.S. capacity to produce truck and bus
tires. To calculate total 2015 production
of the domestic like product by the
petitioning plants, the petitioner
applied the estimated capacity
utilization rate to the total annualized
capacity of those plants represented by
the USW. In order to provide a
conservative calculation of total 2015
production of the domestic like product
by the U.S. truck and bus tire industry,
the petitioner assumed that all non13 For a discussion of the domestic like product
analysis in this case, see Antidumping Duty
Investigation Initiation Checklist: Truck and Bus
Tires from the People’s Republic of China (AD
Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Truck and
Bus Tires from the People’s Republic of China
(Attachment II). This checklist is dated
concurrently with this notice and on file
electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central
Records Unit, Room B8024 of the main Department
of Commerce building.
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petitioning truck and bus tire plants
(i.e., those not represented by the USW)
operated at full capacity in 2015 and
added the full production capacity of
the non-petitioning plants to the
estimated 2015 production of the plants
represented by the USW. To calculate
industry support, the petitioner divided
the estimated 2015 production of the
domestic like product for those plants
represented by the USW by the
estimated production of the domestic
like product in 2015 for the entire U.S.
truck and bus tires industry.14 We relied
on data the petitioner provided for
purposes of measuring industry
support.15
Our review of the data provided in the
Petition, General Issues Supplement,
and other information readily available
to the Department indicates that the
petitioner has established industry
support.16 First, the Petition established
support from workers accounting for
more than 50 percent of the total
production of the domestic like product
and, as such, the Department is not
required to take further action in order
to evaluate industry support (e.g.,
polling).17 Second, the workers have
met the statutory criteria for industry
support under section 732(c)(4)(A)(i) of
the Act because the workers who
support the Petition account for at least
25 percent of the total production of the
domestic like product.18 Finally, the
workers have met the statutory criteria
for industry support under section
732(c)(4)(A)(ii) of the Act because the
workers who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.19 Accordingly, the
Department determines that the Petition
was filed on behalf of the domestic
industry within the meaning of section
732(b)(1) of the Act.
The Department finds that the
petitioner filed the Petition on behalf of
the domestic industry because it is an
interested party as defined in section
771(9)(D) of the Act and it has
demonstrated sufficient industry
support with respect to the AD
investigation that it is requesting the
Department initiate.20
14 See Volume I of the Petition, at I–6—I–8 and
Exhibits I–1 and I–11; see also General Issues
Supplement, at 2–9 and Exhibits I–SQ–2—I–SQ–18.
15 Id. For further discussion, see AD Initiation
Checklist, at Attachment II.
16 See AD Initiation Checklist, at Attachment II.
17 See section 732(c)(4)(D) of the Act; see also AD
Initiation Checklist, at Attachment II.
18 See AD Initiation Checklist, at Attachment II.
19 Id.
20 Id.
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Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (NV). In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.21
The petitioner contends that the
industry’s injured condition is
illustrated by reduced market share;
underselling and price depression or
suppression; decline in shipments; shift
in the domestic industry’s sales from the
U.S. market to lower priced export
markets; potential declines in capacity
utilization, employment, and
profitability; lost sales and revenues;
and adverse impact on union contract
negotiations.22 We assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, and causation, and we
determined that these allegations are
properly supported by adequate
evidence and meet the statutory
requirements for initiation.23
Allegation of Sales at Less Than Fair
Value
The following is a description of the
allegation of sales at less than fair value
upon which the Department based its
decision to initiate an investigation of
imports of truck and bus tires from the
PRC. The sources of data for the
deductions and adjustments relating to
U.S. price and NV are discussed in
greater detail in the AD Initiation
Checklist.
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Export Price
The petitioner based export price (EP)
on import data obtained from the U.S.
Department of Commerce’s Foreign
Trade Division Merchandise Imports
database and the ITC Dataweb
(collectively import database) for truck
and bus tires. The petitioner calculated
the average unit values (AUVs) per tire
for U.S. imports of truck and bus tires
from the PRC entered during the POI
under two Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings that cover truck and bus
21 See Volume I of the Petition, at I–15 and
Exhibit I–17.
22 See Volume I of the Petition, at I–12, I–15
through I–32 and Exhibits I–2, I–10, I–17 through
I–30.
23 See AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Truck and
Bus Tires from the People’s Republic of China.
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tires.24 As the values of imports in the
import database reflect customs values
and therefore exclude U.S. import
duties, freight, and insurance, the
petitioner made adjustments to deduct
unrebated value-added tax, foreign
inland freight expenses, and brokerage
and handling expenses at port of
exportation to derive a U.S. net price.25
Normal Value
The petitioner states that the
Department has treated the PRC as a
non-market economy (NME) country in
every proceeding in which the PRC has
been involved.26 The presumption of
NME status for the PRC has not been
revoked by the Department and,
therefore, in accordance with section
771(18)(C)(i) of the Act, remains in
effect for purposes of the initiation of
this investigation. Accordingly, the NV
of the product for the investigation is
appropriately based on factors of
production (FOPs) valued in a surrogate
market-economy country in accordance
with section 773(c) of the Act. In the
course of this investigation, all parties
will have the opportunity to provide
relevant information related to the
issues of the PRC’s NME status and
granting of separate rates to individual
exporters.
The petitioner contends that Thailand
is the appropriate surrogate country for
the PRC because: (1) It is at a level of
economic development comparable to
that of the PRC; (2) it is a significant
producer of comparable merchandise;
and (3) the data for Thailand for valuing
factors of production are available and
reliable.27 Based on the information the
petitioner provided, we conclude that it
is appropriate to use Thailand as a
surrogate country for initiation
purposes.28 After initiation of this
investigation, interested parties will
have the opportunity to submit
comments regarding surrogate country
selection and will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.29
24 See the AD Supplement at Exhibit II–SQ–2 for
the two HTSUS subheadings, 4011.20.1015: New
Radial Tires, On-The-Highway, Of A Kind Used On
Buses Or Trucks, Excluding Light Trucks, and
4011.20.5020: New Tires, Excluding Radials, OnThe-Highway, Of A Kind Used On Buses Or Trucks,
Excluding Light Trucks.
25 See Volume II of the Petition at II–6 through
II–9 and Exhibits II–13 and II–14; AD Supplement
at Exhibit II–SQ–8; and AD Initiation Checklist.
26 See Volume II of the Petition at II–2.
27 Id. at II–2 through II–6 and Exhibits II–1
through II–4; AD Supplement at Exhibit II–SQ–1.
28 See AD Initiation Checklist.
29 See 19 CFR 351.301(c)(3)(i).
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The petitioner calculated NV using
the Department’s NME methodology as
required by 19 CFR 351.202(b)(7)(i)(C)
and 19 CFR 351.408. As the petitioner
is a union representing workers in the
domestic industry producing truck and
bus tires and is not a domestic producer,
the petitioner contends it does not have
access to the proprietary information on
the FOPs necessary to make truck and
bus tires. Therefore, the petitioner based
NV on publicly available information
regarding the standard direct materials
used to manufacture truck and bus tires
from a number of publications.30 The
petitioner asserts that the publicly
available raw material models it
provided are representative, to the best
of its knowledge, of the average makeup
of truck and bus tires.31 Using this
information, the petitioner calculated
the average percentage of total tire
weight represented by direct materials
for truck and bus tires. The information
regarding the percentages of direct
materials used to make a subject tire
were applied to the average tire weight
for each of the two HTSUS categories of
truck and bus tires obtained from the
imports database to calculate the
average amount of each direct material
used in the manufacture of the subject
merchandise.32
The petitioner valued the FOPs for
direct materials (except natural rubber)
using reasonably available, public
surrogate country data, specifically,
Thai import data from the Global Trade
Atlas (GTA) for the period July through
December 2015.33 The petitioner
excluded from these GTA import
statistics imports from countries
previously determined by the
Department to be NME countries,
countries previously determined by the
Department to maintain broadly
available, non-industry-specific export
subsidies, and, in accordance with the
Department’s practice, any imports that
were labeled as originating from an
‘‘unspecified’’ country.34 The petitioner
valued natural rubber using information
from the Rubber Research Institute of
Thailand.35 The Department determines
that the surrogate values used by the
petitioner are reasonably available and,
30 See Volume II of the Petition at II–9 through
II–15 and Exhibits II–5, II–9, II–10, II–16, II–19
through II–24, II–28; see also AD Supplement at
Exhibits II–SQ–3 and II–SQ–8.
31 Id.
32 Id.
33 See Volume II of the Petition at II–10 through
II–16; see also AD Supplement at 3 and Exhibits II–
SQ–3 and II–SQ–8.
34 See Volume II of the Petition at II–13; see also
AD Supplement at Exhibit II–SQ–3.
35 See Volume II of the Petition at II–14 and
Exhibit II–29; see also AD Supplement at Exhibit II–
SQ–8.
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thus, are acceptable for purposes of
initiation.
The petitioner calculated the average
labor hours required to make one tire
using the employment and production
information from the financial
statements of three PRC tire
manufacturers (GITI Tire, Doublestar
Tyre, and Guizhou Tyre Co., Ltd.).36 The
petitioner then used the weightaveraged amount of the three labor rates
to determine an overall average of labor
hours required to make one subject tire.
The petitioner calculated the average
hourly labor rate for an employee
producing tires using the wage rate for
manufacturers in Thai National
Statistics Office’s Labor Force Survey
for the third quarter of 2015.37
The petitioner calculated financial
ratios (i.e., factory overhead expenses,
selling, general, and administrative
expenses, and profit) based on the 2014
year-end financial statements of
Goodyear (Thailand) Public Company
Limited and the 2013 year-end financial
statements of Hihero Co., Ltd.38 The
petitioner included the energy costs in
the factory overhead expenses because it
was unable to obtain publicly available
information on the energy costs.39
Information the petitioner provided
indicate that both Thai companies are
producers of truck and bus tires.40
initiating an AD investigation to
determine whether imports of truck and
bus tires from the PRC are being, or
likely to be, sold in the United States at
less than fair value. In accordance with
section 733(b)(1)(A) of the Act and 19
CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determination no later than 140 days
after the date of this initiation. For a
discussion of evidence supporting our
initiation determination, see the AD
Initiation Checklist dated concurrently
with this notice.
On June 29, 2015, the President of the
United States signed into law the Trade
Preferences Extension Act of 2015,
which made numerous amendments to
the AD and CVD law.42 The 2015 law
does not specify dates of application for
those amendments. On August 6, 2015,
the Department published an
interpretative rule, in which it
announced the applicability dates for
each amendment to the Act, except for
amendments contained in section 771(7)
of the Act, which relate to
determinations of material injury by the
ITC.43 The amendments to sections
771(15), 773, 776, and 782 of the Act are
applicable to all determinations made
on or after August 6, 2015, and,
therefore, apply to this AD
investigation.44
Fair Value Comparisons
Based on the data the petitioner
provided, there is reason to believe that
imports of truck and bus tires from the
PRC are being, or are likely to be, sold
in the United States at less than fair
value. Based on the comparison of net
U.S. price to NV for the same or similar
truck and bus tires in accordance with
section 773(c) of the Act, the petitioner’s
estimated margins for truck and bus
tires are 19.91 percent and 22.57
percent.41
Respondent Selection
In accordance with our standard
practice for respondent selection in AD
investigations involving NME countries,
we intend to issue quantity and value
questionnaires to producers/exporters of
merchandise subject to this
investigation 45 and base respondent
selection on the responses received. In
addition, the Department will post the
quantity and value questionnaire along
with the filing instructions on the
Enforcement and Compliance Web site
at https://trade.gov/enforcement/
news.asp.
Exporters and producers of truck and
bus tires from the PRC that do not
receive quantity and value
questionnaires via mail may still submit
a response to the quantity and value
questionnaire available at the
Enforcement and Compliance Web site.
The Department will establish an exact
mstockstill on DSK4VPTVN1PROD with NOTICES
Initiation of Less Than Fair Value
Investigation
Based on our examination of the
petition on truck and bus tires from the
PRC, the Department finds that the
petition meets the requirements of
section 732 of the Act. Therefore, we are
36 See Volume II of the Petition at II–16 through
II–18 and Exhibits II–30 through II–33; see also AD
Supplement at 3–6 and Exhibit II–SQ–5 and II–SQ–
6.
37 See Volume II of the Petition at II–16 through
II–18 and Exhibits II–30 through II–33; see also AD
Supplement at 3–6 and Exhibits II–SQ–5 and II–
SQ–6.
38 See Volume II of the Petition at II–19 and II—
20 and Exhibits II–34 and II–36; see also AD
Supplement at 6.
39 See Volume II of the Petition at II–19.
40 Id. at II–15 and II–16 and Exhibit II–16.
41 See AD Supplement at Exhibit II–SQ–8.
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18:07 Feb 24, 2016
Jkt 238001
42 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
43 See Dates of Application of Amendments to the
Antidumping and Countervailing Duty Laws Made
by the Trade Preferences Extension Act of 2015, 80
FR 46793 (August 6, 2015).
44 Id. at 46794–95. The 2015 amendments may be
found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl.
45 See Volume I of the Petition at Exhibit I–15, as
amended in General Supplement Response at
Exhibit I–SQ–19.
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Frm 00020
Fmt 4703
Sfmt 4703
deadline by which quantity and value
responses must be submitted in the
questionnaire itself, as subsequently
released to potential respondents and
posted to the Enforcement and
Compliance Web site. All quantity and
value responses must be filed
electronically using ACCESS.
Separate Rates
In order to obtain separate rate status
in an NME AD investigation, exporters
and producers must submit a separate
rate application.46 The specific
requirements for submitting the separate
rate application in this PRC
investigation are outlined in detail in
the application itself, which will be
available on the Department’s Web site
at https://trade.gov/enforcement/
news.asp on the date of publication of
this initiation notice in the Federal
Register. The separate rate application
will be due 30 days after the publication
of this initiation notice. Exporters and
producers who submit a separate rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate rate status
only if they respond to all parts of the
Department’s AD questionnaires as
mandatory respondents. The
Department requires that respondents
submit a response to both the quantity
and value questionnaire and the
separate rate application by their
respective deadlines in order to receive
consideration for separate rate status.
Use of Combination Rates
The Department will calculate
combination rates for certain
respondents that are eligible for a
separate rate in an NME investigation.
The Separate Rates and Combination
Rates Bulletin states:
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME investigations will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
46 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving Non-Market
Economy Countries (April 5, 2005) (Separate Rates
and Combination Rates Bulletin), available on the
Department’s Web site at https://enforcement.trade.
gov/policy/).
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combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.47
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act, and 19 CFR
351.202(f), a copy of the petition, which
is publicly available in its entirety, has
been provided to the Government of the
PRC via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the Petition to each exporter
named in the Petition, as provided
under 19 CFR 351.203(c)(2).
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Please review the regulations
prior to submitting factual information
in this investigation.
Extension of Time Limits
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
truck and bus tires from the PRC are
materially injuring, or threatening
material injury to, a U.S. industry.48 A
negative ITC determination will result
in the investigation being terminated.49
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
part 351, or as otherwise specified by
the Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR part 351
expires. For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits.52
Submission of Factual Information
Certification Requirements
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
mstockstill on DSK4VPTVN1PROD with NOTICES
Preliminary Determination by the ITC
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). Any party, when
submitting factual information, must
specify under which subsection of 19
CFR 351.102(b)(21) the information is
being submitted 50 and, if the
information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.51 Time limits for the
submission of factual information are
47 See Separate Rates and Combination Rates
Bulletin at 6 (emphasis added).
48 See section 733(a) of the Act.
49 Id.
50 See 19 CFR 351.301(b).
51 See 19 CFR 351.301(b)(2).
VerDate Sep<11>2014
18:07 Feb 24, 2016
Jkt 238001
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.53
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.54 The
Department intends to reject factual
submissions if the submitting party does
52 See 19 FR 351.302(c). See also Extension of
Time Limits; Final Rule, 78 FR 57790 (September
20, 2013), available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in this investigation.
53 See section 782(b) of the Act.
54 See 19 CFR 351.303(g). See also Certification of
Factual Information To Import Administration
During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final
Rule); see also the frequently asked questions
regarding the Final Rule, available at the following:
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
9439
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed in 19 CFR
351.103(d)).
This notice is issued and published
pursuant to section 777(i) of the Act and
19 CFR 351.203(c).
Dated: February 18, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Investigation
The scope of the investigation covers truck
and bus tires. Truck and bus tires are new
pneumatic tires, of rubber, with a truck or
bus size designation. Truck and bus tires
covered by this investigation may be tubetype, tubeless, radial, or non-radial.
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 one of the
following suffixes in their tire size
designation, which also appear on the
sidewall of the tire:
TR—Identifies tires for service on trucks or
buses to differentiate them from similarly
sized passenger car and light truck tires;
MH—Identifies tires for mobile homes; and
HC—Identifies a 17.5 inch rim diameter
code for use on low platform trailers.
All tires with a ‘‘TR,’’ ‘‘MH,’’ or ‘‘HC’’
suffix in their size designations are covered
by this investigation regardless of their
intended use.
In addition, all tires that lack one of the
above suffix 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
‘‘Truck-Bus’’ 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.
Truck and bus tires, whether or not
mounted on wheels or rims, are included in
the scope. However, if a subject tire is
imported mounted on a wheel or rim, only
the tire is covered by the scope. Subject
merchandise includes truck and bus tires
produced in the subject country whether
mounted on wheels or rims in the subject
country or in a third country. Truck and bus
tires are covered whether or not they are
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Truck and bus
tires that enter attached to a vehicle are not
covered by the scope.
Specifically excluded from the scope of
this investigation are the following types of
tires: (1) Pneumatic tires, of rubber, that are
not new, including recycled and retreaded
tires; and (2) non-pneumatic tires, such as
solid rubber tires.
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1015 and
4011.20.5020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.4520, 4011.99.4590, 4011.99.8520,
4011.99.8590, 8708.70.4530, 8708.70.6030,
and 8708.70.6060. While HTSUS
subheadings are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
Agenda
Agenda items to be discussed at the
SSC meeting include: Review fishery
performance reports and multi-year
ABC specifications for Golden Tilefish;
discuss MAFMC risk policy and
assignment of CVs for Mid-Atlantic
assessments; discuss SSC membership
needs; receive a report from the Black
Sea Bass Review Subgroup on
specification of spatial structure within
the BSB assessment; review Blueline
Tilefish fishery information and discuss
ABC specifications.
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to the meeting date.
[FR Doc. 2016–04060 Filed 2–24–16; 8:45 am]
BILLING CODE 3510–DS–P
Dated: February 22, 2016.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
DEPARTMENT OF COMMERCE
[FR Doc. 2016–04007 Filed 2–24–16; 8:45 am]
Authority: 16 U.S.C. 1801 et seq.
BILLING CODE 3510–22–P
National Oceanic and Atmospheric
Administration
DEPARTMENT OF COMMERCE
RIN 0648–XE465
National Oceanic and Atmospheric
Administration
Mid-Atlantic Fishery Management
Council (MAFMC); Meeting
RIN 0648–XE233
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Notice of a public meeting.
The Scientific and Statistical
Committee (SSC) of the Mid-Atlantic
Fishery Management Council (Council)
will hold a meeting.
SUMMARY:
The meeting will be held on
Tuesday and Wednesday, March 15–16,
2016, beginning at 10 a.m. on March 15
and conclude by 3 p.m. on March 16.
For agenda details, see SUPPLEMENTARY
INFORMATION.
DATES:
The meeting will at the
Royal Sonesta Harbor Court, 550 Light
Street, Baltimore, MD 21202; telephone:
410–234–0550.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331 or on their
Web site at www.mafmc.org.
mstockstill on DSK4VPTVN1PROD with NOTICES
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:07 Feb 24, 2016
Jkt 238001
Takes of Marine Mammals Incidental to
Specified Activities; St. George Reef
Light Station Restoration and
Maintenance at Northwest Seal Rock,
Del Norte County, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) implementing regulations,
NMFS, we, hereby give notice that we
have issued an Incidental Harassment
Authorization (Authorization) to the St.
George Reef Lighthouse Preservation
Society (Society) to take four species of
marine mammals, by harassment
incidental to conducting aircraft
operations, lighthouse renovation, and
light maintenance activities on the St.
George Reef Light Station on Northwest
Seal Rock in the northeast Pacific Ocean
from February 19, 2016 through
February 18, 2017.
DATES: Effective February 19, 2016,
through February 18, 2017.
ADDRESSES: An electronic copy of the
final Authorization, the Society’s
SUMMARY:
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
application, and NMFS’ environmental
assessment are available by writing to
Jolie Harrison, Division Chief, Permits
and Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910; by
telephoning the contacts listed here, or
by visiting the Internet at: https://www.
nmfs.noaa.gov/pr/permits/incidental/
research.htm.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, NMFS, Office of
Protected Resources, NMFS (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act of 1972,
as amended (MMPA; 16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
to allow, upon request, the incidental,
but not intentional, taking of small
numbers of marine mammals of a
species or population stock, by U.S.
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region
if, after NMFS provides a notice of a
proposed authorization to the public for
review and comment: (1) NMFS makes
certain findings; and (2) the taking is
limited to harassment.
An Authorization for incidental
takings for marine mammals shall be
granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring, and reporting of
such taking are set forth. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as ‘‘an impact resulting from
the specified activity that cannot be
reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Except with respect to certain activities
not pertinent here, the MMPA defines
‘‘harassment’’ as: Any act of pursuit,
torment, or annoyance which (i) has the
potential to injure a marine mammal or
marine mammal stock in the wild [Level
A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns,
including, but not limited to, migration,
breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
E:\FR\FM\25FEN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9434-9440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04060]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-040]
Truck and Bus Tires From the People's Republic of China:
Initiation of Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective: February 18, 2016.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Andre Gziryan, AD/CVD
Operations Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5760 and (202) 482-
2201, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On January 29, 2016, the Department of Commerce (the Department)
received an antidumping duty (AD) petition concerning imports of truck
and bus tires from the People's Republic of China (the PRC) officially
filed in proper form on behalf of the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC (USW or the petitioner).\1\ The AD
petition was accompanied by a countervailing duty (CVD) petition
concerning imports of truck and bus tires from the PRC. The petitioner
is a recognized union, which represents the domestic industry engaged
in the manufacture of truck and bus tires in the United States. On
February 3, 2016, the Department requested additional information and
clarification of certain areas of the Petition \2\ and on February
[[Page 9435]]
5, 2016, the petitioner filed supplements to the Petition.\3\
---------------------------------------------------------------------------
\1\ See ``Petition for the Imposition of Antidumping Duties on
Imports of Truck and Bus Tires from the People's Republic of China''
dated January 29, 2016 (the Petition).
\2\ See Letters to the petitioner, ``Petition for the Imposition
of Antidumping and Countervailing Duties on Imports of Truck and Bus
Tires from the People's Republic of China: Supplemental Questions''
dated February 3, 2016 (General Issues Supplemental Questions) and
``Petition for the Imposition of Antidumping Duties on Imports of
Truck and Bus Tires from the People's Republic of China:
Supplemental Questions'' dated February 3, 2016 (AD Supplemental
Questions).
\3\ See Letter from the petitioner ``Petitioner's Response to
the Department's February 3, 2016 Supplemental Questions Regarding
the Antidumping Petition on China (A-570-040)'' dated February 5,
2016 (AD Supplement); see also ``Petitioner's Response to the
Department's February 3, 2016 Supplemental Questions Regarding
General Issues'' dated February 5, 2016 (General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of truck and bus
tires from the PRC are being, or are likely to be, sold in the United
States at less than fair value within the meaning of section 731 of the
Act, and that such imports are materially injuring, or threatening
material injury to, an industry in the United States. Also, consistent
with section 732(b)(1) of the Act, the Petition is accompanied by
information reasonably available to the petitioner in support of its
allegations.
The Department finds that the petitioner filed the petition on
behalf of the domestic industry because the petitioner is an interested
party as defined in section 771(9)(D) of the Act, and has demonstrated
sufficient industry support with respect to the initiation of the AD
investigation that it is requesting.\4\
---------------------------------------------------------------------------
\4\ See ``Determination of Industry Support for the Petition''
section, below.
---------------------------------------------------------------------------
Period of Investigation
Because the petition was filed on January 29, 2016, the period of
investigation (POI) is July 1, 2015, through December 31, 2015.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is truck and bus tires
from the PRC. For a full description of the scope of the investigation,
see the ``Scope of the Investigation'' at the Appendix of this notice.
Comments on the Scope of the Investigation
During our review of the petition, we issued questions to, and
received responses from, the petitioner pertaining to the proposed
scope in order to ensure that the language of the scope is an accurate
reflection of the products for which the domestic industry is seeking
relief.\6\ As discussed in the Preamble to our regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\7\ The period for scope comments is intended
to provide the Department with ample opportunity to consider all
comments and to consult with parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\8\ all such factual information should be limited to
public information. All such comments must be filed no later than 5:00
p.m. Eastern Time (ET) on Wednesday, March 9, 2016, which is 20
calendar days from the signature date of this notice. Any rebuttal
comments, which may include factual information, must be filed no later
than 5:00 p.m. ET on Monday, March 21, 2016, because 10 calendar days
after the initial comments falls on Saturday, March 19, 2016.\9\ The
Department requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact the Department and request permission
to submit the additional information. All such comments must be filed
on the records of the AD investigation, as well as the concurrent CVD
investigation.
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\6\ See General Issues Supplemental Questionnaire; see also
General Issues Supplement at 2 and Exhibit I-SQ-1, and the
memorandum to the File entitled ``Phone Call with Counsel to the
Petitioner'' dated February 12, 2016.
\7\ See Antidumping Duties; Countervailing Duties (Final Rule);
62 FR 27296, 27323 (May 19, 1997).
\8\ See 19 CFR 351.102(b)(21).
\9\ See 19 CFR 351.303(b)(1) (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.'')
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Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). An electronically filed
document must be received successfully in its entirety no later than
5:00 p.m. ET on the date specified by the Department. Documents
excepted from the electronic submission requirements must be filed
manually (i.e., in paper form) with Enforcement and Compliance's APO/
Dockets Unit, Room 18022, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230, and stamped with the
date and time of receipt by the applicable deadline.\10\
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\10\ See 19 CFR 351.303(b); see also Antidumping and
Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR 39263 (July 6,
2011), as amended in Enforcement and Compliance: Change of
Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for
details of the Department's electronic filing requirements, which
went into effect on August 5, 2011. Information on help using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on the Product Characteristics for the AD Questionnaire
The Department requests comments from interested parties regarding
the appropriate physical characteristics of truck and bus tires to be
reported in response to the Department's AD questionnaire. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production accurately, as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they believe are relevant to the development of an accurate list of
physical characteristics. Specifically, interested parties may provide
comments as to which characteristics are appropriate to use as: (1)
General product characteristics and (2) product-comparison criteria. It
is not always appropriate to use all product characteristics as
product-comparison criteria. We base product-comparison criteria on
meaningful commercial differences among products. In other words, while
there may be some physical product characteristics manufacturers used
to describe truck and bus tires, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, the Department attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaire, we must receive comments
on product characteristics no later than March 9, 2016. Rebuttal
comments must be received no later than March 16, 2016. All comments
and submissions to the
[[Page 9436]]
Department must be filed electronically using ACCESS, as explained
above.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\12\
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\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation. Based on our analysis of the information
submitted on the record, we have determined that truck and bus tires
constitute a single domestic like product and we have analyzed industry
support in terms of that domestic like product.\13\
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\13\ For a discussion of the domestic like product analysis in
this case, see Antidumping Duty Investigation Initiation Checklist:
Truck and Bus Tires from the People's Republic of China (AD
Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Truck and Bus Tires from the People's Republic of China
(Attachment II). This checklist is dated concurrently with this
notice and on file electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central Records Unit, Room
B8024 of the main Department of Commerce building.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix of
this notice. To establish industry support, the petitioner estimated
the 2015 production for each U.S. producer of truck and bus tires, by
plant. The petitioner based its estimates of 2015 off truck and bus
tire production by plant on daily plant-specific production capacity
data published in Modern Tire Dealer. The petitioner multiplied the
daily production capacity data by 360 (to estimate annual capacity).
The petitioner estimated 2015 truck and bus tire production in the
United States using data on U.S. shipments, imports, and exports of
truck and bus tires in 2015. To calculate a capacity utilization rate
for the U.S. truck and bus tire industry in 2015, the petitioner
compared estimated U.S. production of truck and bus tires in 2015 to
the 2015 U.S. capacity to produce truck and bus tires. To calculate
total 2015 production of the domestic like product by the petitioning
plants, the petitioner applied the estimated capacity utilization rate
to the total annualized capacity of those plants represented by the
USW. In order to provide a conservative calculation of total 2015
production of the domestic like product by the U.S. truck and bus tire
industry, the petitioner assumed that all non-petitioning truck and bus
tire plants (i.e., those not represented by the USW) operated at full
capacity in 2015 and added the full production capacity of the non-
petitioning plants to the estimated 2015 production of the plants
represented by the USW. To calculate industry support, the petitioner
divided the estimated 2015 production of the domestic like product for
those plants represented by the USW by the estimated production of the
domestic like product in 2015 for the entire U.S. truck and bus tires
industry.\14\ We relied on data the petitioner provided for purposes of
measuring industry support.\15\
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\14\ See Volume I of the Petition, at I-6--I-8 and Exhibits I-1
and I-11; see also General Issues Supplement, at 2-9 and Exhibits I-
SQ-2--I-SQ-18.
\15\ Id. For further discussion, see AD Initiation Checklist, at
Attachment II.
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Our review of the data provided in the Petition, General Issues
Supplement, and other information readily available to the Department
indicates that the petitioner has established industry support.\16\
First, the Petition established support from workers accounting for
more than 50 percent of the total production of the domestic like
product and, as such, the Department is not required to take further
action in order to evaluate industry support (e.g., polling).\17\
Second, the workers have met the statutory criteria for industry
support under section 732(c)(4)(A)(i) of the Act because the workers
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\18\ Finally, the workers have
met the statutory criteria for industry support under section
732(c)(4)(A)(ii) of the Act because the workers who support the
Petition account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition.\19\
Accordingly, the Department determines that the Petition was filed on
behalf of the domestic industry within the meaning of section 732(b)(1)
of the Act.
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\16\ See AD Initiation Checklist, at Attachment II.
\17\ See section 732(c)(4)(D) of the Act; see also AD Initiation
Checklist, at Attachment II.
\18\ See AD Initiation Checklist, at Attachment II.
\19\ Id.
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The Department finds that the petitioner filed the Petition on
behalf of the domestic industry because it is an interested party as
defined in section 771(9)(D) of the Act and it has demonstrated
sufficient industry support with respect to the AD investigation that
it is requesting the Department initiate.\20\
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\20\ Id.
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[[Page 9437]]
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at less than normal value (NV). In addition, the
petitioner alleges that subject imports exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\21\
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\21\ See Volume I of the Petition, at I-15 and Exhibit I-17.
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The petitioner contends that the industry's injured condition is
illustrated by reduced market share; underselling and price depression
or suppression; decline in shipments; shift in the domestic industry's
sales from the U.S. market to lower priced export markets; potential
declines in capacity utilization, employment, and profitability; lost
sales and revenues; and adverse impact on union contract
negotiations.\22\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, and causation,
and we determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\23\
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\22\ See Volume I of the Petition, at I-12, I-15 through I-32
and Exhibits I-2, I-10, I-17 through I-30.
\23\ See AD Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Truck and Bus
Tires from the People's Republic of China.
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Allegation of Sales at Less Than Fair Value
The following is a description of the allegation of sales at less
than fair value upon which the Department based its decision to
initiate an investigation of imports of truck and bus tires from the
PRC. The sources of data for the deductions and adjustments relating to
U.S. price and NV are discussed in greater detail in the AD Initiation
Checklist.
Export Price
The petitioner based export price (EP) on import data obtained from
the U.S. Department of Commerce's Foreign Trade Division Merchandise
Imports database and the ITC Dataweb (collectively import database) for
truck and bus tires. The petitioner calculated the average unit values
(AUVs) per tire for U.S. imports of truck and bus tires from the PRC
entered during the POI under two Harmonized Tariff Schedule of the
United States (HTSUS) subheadings that cover truck and bus tires.\24\
As the values of imports in the import database reflect customs values
and therefore exclude U.S. import duties, freight, and insurance, the
petitioner made adjustments to deduct unrebated value-added tax,
foreign inland freight expenses, and brokerage and handling expenses at
port of exportation to derive a U.S. net price.\25\
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\24\ See the AD Supplement at Exhibit II-SQ-2 for the two HTSUS
subheadings, 4011.20.1015: New Radial Tires, On-The-Highway, Of A
Kind Used On Buses Or Trucks, Excluding Light Trucks, and
4011.20.5020: New Tires, Excluding Radials, On-The-Highway, Of A
Kind Used On Buses Or Trucks, Excluding Light Trucks.
\25\ See Volume II of the Petition at II-6 through II-9 and
Exhibits II-13 and II-14; AD Supplement at Exhibit II-SQ-8; and AD
Initiation Checklist.
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Normal Value
The petitioner states that the Department has treated the PRC as a
non-market economy (NME) country in every proceeding in which the PRC
has been involved.\26\ The presumption of NME status for the PRC has
not been revoked by the Department and, therefore, in accordance with
section 771(18)(C)(i) of the Act, remains in effect for purposes of the
initiation of this investigation. Accordingly, the NV of the product
for the investigation is appropriately based on factors of production
(FOPs) valued in a surrogate market-economy country in accordance with
section 773(c) of the Act. In the course of this investigation, all
parties will have the opportunity to provide relevant information
related to the issues of the PRC's NME status and granting of separate
rates to individual exporters.
---------------------------------------------------------------------------
\26\ See Volume II of the Petition at II-2.
---------------------------------------------------------------------------
The petitioner contends that Thailand is the appropriate surrogate
country for the PRC because: (1) It is at a level of economic
development comparable to that of the PRC; (2) it is a significant
producer of comparable merchandise; and (3) the data for Thailand for
valuing factors of production are available and reliable.\27\ Based on
the information the petitioner provided, we conclude that it is
appropriate to use Thailand as a surrogate country for initiation
purposes.\28\ After initiation of this investigation, interested
parties will have the opportunity to submit comments regarding
surrogate country selection and will be provided an opportunity to
submit publicly available information to value FOPs within 30 days
before the scheduled date of the preliminary determination.\29\
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\27\ Id. at II-2 through II-6 and Exhibits II-1 through II-4; AD
Supplement at Exhibit II-SQ-1.
\28\ See AD Initiation Checklist.
\29\ See 19 CFR 351.301(c)(3)(i).
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The petitioner calculated NV using the Department's NME methodology
as required by 19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. As the
petitioner is a union representing workers in the domestic industry
producing truck and bus tires and is not a domestic producer, the
petitioner contends it does not have access to the proprietary
information on the FOPs necessary to make truck and bus tires.
Therefore, the petitioner based NV on publicly available information
regarding the standard direct materials used to manufacture truck and
bus tires from a number of publications.\30\ The petitioner asserts
that the publicly available raw material models it provided are
representative, to the best of its knowledge, of the average makeup of
truck and bus tires.\31\ Using this information, the petitioner
calculated the average percentage of total tire weight represented by
direct materials for truck and bus tires. The information regarding the
percentages of direct materials used to make a subject tire were
applied to the average tire weight for each of the two HTSUS categories
of truck and bus tires obtained from the imports database to calculate
the average amount of each direct material used in the manufacture of
the subject merchandise.\32\
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\30\ See Volume II of the Petition at II-9 through II-15 and
Exhibits II-5, II-9, II-10, II-16, II-19 through II-24, II-28; see
also AD Supplement at Exhibits II-SQ-3 and II-SQ-8.
\31\ Id.
\32\ Id.
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The petitioner valued the FOPs for direct materials (except natural
rubber) using reasonably available, public surrogate country data,
specifically, Thai import data from the Global Trade Atlas (GTA) for
the period July through December 2015.\33\ The petitioner excluded from
these GTA import statistics imports from countries previously
determined by the Department to be NME countries, countries previously
determined by the Department to maintain broadly available, non-
industry-specific export subsidies, and, in accordance with the
Department's practice, any imports that were labeled as originating
from an ``unspecified'' country.\34\ The petitioner valued natural
rubber using information from the Rubber Research Institute of
Thailand.\35\ The Department determines that the surrogate values used
by the petitioner are reasonably available and,
[[Page 9438]]
thus, are acceptable for purposes of initiation.
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\33\ See Volume II of the Petition at II-10 through II-16; see
also AD Supplement at 3 and Exhibits II-SQ-3 and II-SQ-8.
\34\ See Volume II of the Petition at II-13; see also AD
Supplement at Exhibit II-SQ-3.
\35\ See Volume II of the Petition at II-14 and Exhibit II-29;
see also AD Supplement at Exhibit II-SQ-8.
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The petitioner calculated the average labor hours required to make
one tire using the employment and production information from the
financial statements of three PRC tire manufacturers (GITI Tire,
Doublestar Tyre, and Guizhou Tyre Co., Ltd.).\36\ The petitioner then
used the weight-averaged amount of the three labor rates to determine
an overall average of labor hours required to make one subject tire.
The petitioner calculated the average hourly labor rate for an employee
producing tires using the wage rate for manufacturers in Thai National
Statistics Office's Labor Force Survey for the third quarter of
2015.\37\
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\36\ See Volume II of the Petition at II-16 through II-18 and
Exhibits II-30 through II-33; see also AD Supplement at 3-6 and
Exhibit II-SQ-5 and II-SQ-6.
\37\ See Volume II of the Petition at II-16 through II-18 and
Exhibits II-30 through II-33; see also AD Supplement at 3-6 and
Exhibits II-SQ-5 and II-SQ-6.
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The petitioner calculated financial ratios (i.e., factory overhead
expenses, selling, general, and administrative expenses, and profit)
based on the 2014 year-end financial statements of Goodyear (Thailand)
Public Company Limited and the 2013 year-end financial statements of
Hihero Co., Ltd.\38\ The petitioner included the energy costs in the
factory overhead expenses because it was unable to obtain publicly
available information on the energy costs.\39\ Information the
petitioner provided indicate that both Thai companies are producers of
truck and bus tires.\40\
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\38\ See Volume II of the Petition at II-19 and II--20 and
Exhibits II-34 and II-36; see also AD Supplement at 6.
\39\ See Volume II of the Petition at II-19.
\40\ Id. at II-15 and II-16 and Exhibit II-16.
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Fair Value Comparisons
Based on the data the petitioner provided, there is reason to
believe that imports of truck and bus tires from the PRC are being, or
are likely to be, sold in the United States at less than fair value.
Based on the comparison of net U.S. price to NV for the same or similar
truck and bus tires in accordance with section 773(c) of the Act, the
petitioner's estimated margins for truck and bus tires are 19.91
percent and 22.57 percent.\41\
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\41\ See AD Supplement at Exhibit II-SQ-8.
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Initiation of Less Than Fair Value Investigation
Based on our examination of the petition on truck and bus tires
from the PRC, the Department finds that the petition meets the
requirements of section 732 of the Act. Therefore, we are initiating an
AD investigation to determine whether imports of truck and bus tires
from the PRC are being, or likely to be, sold in the United States at
less than fair value. In accordance with section 733(b)(1)(A) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this
initiation. For a discussion of evidence supporting our initiation
determination, see the AD Initiation Checklist dated concurrently with
this notice.
On June 29, 2015, the President of the United States signed into
law the Trade Preferences Extension Act of 2015, which made numerous
amendments to the AD and CVD law.\42\ The 2015 law does not specify
dates of application for those amendments. On August 6, 2015, the
Department published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\43\ The amendments to
sections 771(15), 773, 776, and 782 of the Act are applicable to all
determinations made on or after August 6, 2015, and, therefore, apply
to this AD investigation.\44\
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\42\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\43\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015).
\44\ Id. at 46794-95. The 2015 amendments may be found at
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection
In accordance with our standard practice for respondent selection
in AD investigations involving NME countries, we intend to issue
quantity and value questionnaires to producers/exporters of merchandise
subject to this investigation \45\ and base respondent selection on the
responses received. In addition, the Department will post the quantity
and value questionnaire along with the filing instructions on the
Enforcement and Compliance Web site at https://trade.gov/enforcement/news.asp.
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\45\ See Volume I of the Petition at Exhibit I-15, as amended in
General Supplement Response at Exhibit I-SQ-19.
---------------------------------------------------------------------------
Exporters and producers of truck and bus tires from the PRC that do
not receive quantity and value questionnaires via mail may still submit
a response to the quantity and value questionnaire available at the
Enforcement and Compliance Web site. The Department will establish an
exact deadline by which quantity and value responses must be submitted
in the questionnaire itself, as subsequently released to potential
respondents and posted to the Enforcement and Compliance Web site. All
quantity and value responses must be filed electronically using ACCESS.
Separate Rates
In order to obtain separate rate status in an NME AD investigation,
exporters and producers must submit a separate rate application.\46\
The specific requirements for submitting the separate rate application
in this PRC investigation are outlined in detail in the application
itself, which will be available on the Department's Web site at https://trade.gov/enforcement/news.asp on the date of publication of this
initiation notice in the Federal Register. The separate rate
application will be due 30 days after the publication of this
initiation notice. Exporters and producers who submit a separate rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate rate status only if they
respond to all parts of the Department's AD questionnaires as mandatory
respondents. The Department requires that respondents submit a response
to both the quantity and value questionnaire and the separate rate
application by their respective deadlines in order to receive
consideration for separate rate status.
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\46\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005) (Separate
Rates and Combination Rates Bulletin), available on the Department's
Web site at https://enforcement.trade.gov/policy/).
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Use of Combination Rates
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in an NME
investigation. The Separate Rates and Combination Rates Bulletin
states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME investigations will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific
[[Page 9439]]
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\47\
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\47\ See Separate Rates and Combination Rates Bulletin at 6
(emphasis added).
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act, and 19 CFR
351.202(f), a copy of the petition, which is publicly available in its
entirety, has been provided to the Government of the PRC via ACCESS. To
the extent practicable, we will attempt to provide a copy of the
Petition to each exporter named in the Petition, as provided under 19
CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of truck and bus tires from the PRC are
materially injuring, or threatening material injury to, a U.S.
industry.\48\ A negative ITC determination will result in the
investigation being terminated.\49\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\48\ See section 733(a) of the Act.
\49\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). Any party, when submitting
factual information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted \50\ and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\51\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Please review the regulations prior to
submitting factual information in this investigation.
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\50\ See 19 CFR 351.301(b).
\51\ See 19 CFR 351.301(b)(2).
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Extension of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR part 351, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR part 351 expires. For submissions
that are due from multiple parties simultaneously, an extension request
will be considered untimely if it is filed after 10:00 a.m. ET on the
due date. Under certain circumstances, we may elect to specify a
different time limit by which extension requests will be considered
untimely for submissions which are due from multiple parties
simultaneously. In such a case, we will inform parties in the letter or
memorandum setting forth the deadline (including a specified time) by
which extension requests must be filed to be considered timely. An
extension request must be made in a separate, stand-alone submission;
under limited circumstances we will grant untimely-filed requests for
the extension of time limits.\52\
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\52\ See 19 FR 351.302(c). See also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in this investigation.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\53\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\54\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\53\ See section 782(b) of the Act.
\54\ See 19 CFR 351.303(g). See also Certification of Factual
Information To Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final
Rule); see also the frequently asked questions regarding the Final
Rule, available at the following: https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305. On January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to
participate in this investigation should ensure that they meet the
requirements of these procedures (e.g., the filing of letters of
appearance as discussed in 19 CFR 351.103(d)).
This notice is issued and published pursuant to section 777(i) of
the Act and 19 CFR 351.203(c).
Dated: February 18, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of the investigation covers truck and bus tires. Truck
and bus tires are new pneumatic tires, of rubber, with a truck or
bus size designation. Truck and bus tires covered by this
investigation may be tube-type, tubeless, radial, or non-radial.
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 one of the following suffixes in their tire size designation,
which also appear on the sidewall of the tire:
TR--Identifies tires for service on trucks or buses to
differentiate them from similarly sized passenger car and light
truck tires;
MH--Identifies tires for mobile homes; and
HC--Identifies a 17.5 inch rim diameter code for use on low
platform trailers.
All tires with a ``TR,'' ``MH,'' or ``HC'' suffix in their size
designations are covered by this investigation regardless of their
intended use.
In addition, all tires that lack one of the above suffix
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 ``Truck-Bus'' 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.
Truck and bus tires, whether or not mounted on wheels or rims,
are included in the scope. However, if a subject tire is imported
mounted on a wheel or rim, only the tire is covered by the scope.
Subject merchandise includes truck and bus tires produced in the
subject country whether mounted on wheels or rims in the subject
country or in a third country. Truck and bus tires are covered
whether or not they are
[[Page 9440]]
accompanied by other parts, e.g., a wheel, rim, axle parts, bolts,
nuts, etc. Truck and bus tires that enter attached to a vehicle are
not covered by the scope.
Specifically excluded from the scope of this investigation are
the following types of tires: (1) Pneumatic tires, of rubber, that
are not new, including recycled and retreaded tires; and (2) non-
pneumatic tires, such as solid rubber tires.
The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
4011.20.1015 and 4011.20.5020. Tires meeting the scope description
may also enter under the following HTSUS subheadings: 4011.99.4520,
4011.99.4590, 4011.99.8520, 4011.99.8590, 8708.70.4530,
8708.70.6030, and 8708.70.6060. While HTSUS subheadings are provided
for convenience and for customs purposes, the written description of
the subject merchandise is dispositive.
[FR Doc. 2016-04060 Filed 2-24-16; 8:45 am]
BILLING CODE 3510-DS-P
