Truck and Bus Tires From the People's Republic of China: Initiation of Countervailing Duty Investigation, 9428-9432 [2016-04063]

Download as PDF 9428 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices 238.95 percent).6 Consequently, the Department will instruct U.S. Customs and Border Protection to continue suspension of liquidation and to collect estimated antidumping duties for all shipments of subject merchandise produced by DelSolar Wujiang and exported by Neo Solar at the current cash deposit rate currently applicable to such entries, i.e., the cash deposit rate of 238.95 percent assigned to the PRCwide entity.7 This cash deposit requirement shall remain in effect until further notice. Notification to Parties This notice is the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. The Department is issuing and publishing these results in accordance with sections 751(b)(1) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3)(i). Dated: February 17, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Issues V. Summary of Findings VI. Recommendation [FR Doc. 2016–04061 Filed 2–24–16; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 3510–DS–P 6 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2012–2013, 80 FR 40998 (July 14, 2015). 7 Id. VerDate Sep<11>2014 18:07 Feb 24, 2016 Jkt 238001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–041] Truck and Bus Tires From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Effective: February 25, 2016. FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Mark Kennedy, 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) 482–2778, or (202) 482–1293, respectively. SUPPLEMENTARY INFORMATION: The Petition On January 29, 2016, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of certain truck and bus tires from the People’s Republic of China (the PRC), filed in proper form by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC (USW) (USW or the petitioner).1 The CVD petition was accompanied by an antidumping duty (AD) 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 and February 5, 2016, the Department requested additional information and clarification of certain areas of the Petition 2 and on February 5 and February 9, 2016, the petitioner filed supplements to the Petition.3 1 See ‘‘Petition for the Imposition of Countervailing 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 Countervailing Duties on Imports of Certain Truck and Bus Tires from the People’s Republic of China: Supplemental Questions’’ dated February 5, 2016 (CVD Supplemental Questions). 3 See ‘‘Petitioner’s Response to the Department’s February 3, 2016 Supplemental Questions Regarding General Issues’’ dated February 5, 2016 (General Issues Supplement); see also ‘‘Petitioner’s Response to the Department’s February 5 Supplemental Questions Regarding the PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that producers/exporters of truck and bus tires in the PRC received countervailable subsidies within the meaning of sections 701 and 771(5) of the Act, and that imports from these producers/exporters are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(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 CVD investigation that it is requesting.4 Period of Investigation The period of investigation (POI) is calendar year 2015, in accordance with 19 CFR 351.204(b)(2). 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.5 As discussed in the Preamble to our regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).6 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 Countervailing Duty Petition,’’ dated February 9, 2016. 4 See ‘‘Determination of Industry Support for the Petition’’ section, below. 5 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. 6 See Antidumping Duties; Countervailing Duties (Final Rule); 62 FR 27296, 27323 (May 19, 1997). E:\FR\FM\25FEN1.SGM 25FEN1 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices comments include factual information,7 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, 2016.8 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 CVD investigation, as well as the concurrent AD 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 and time of receipt by the applicable deadline.9 Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, the Department notified 7 See 19 CFR 351.102(b)(21). 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.’’) 9 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. mstockstill on DSK4VPTVN1PROD with NOTICES 8 See VerDate Sep<11>2014 18:07 Feb 24, 2016 Jkt 238001 representatives of the Government of the People’s Republic of China (GOC) of the receipt of the Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the Department provided representatives of the GOC the opportunity for consultations with respect to the CVD petition. The GOC provided a document titled ‘‘Consultations Points of the GOC,’’ in lieu of holding consultations.10 Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The 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 10 See Memorandum to the File, ‘‘Petition for the Imposition of Countervailing Duties on Certain Truck and Bus Tires from The People’s Republic of China: Consultations Comments from the Government of China,’’ (February 16, 2016). 11 See section 771(10) of the Act. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 9429 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 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 702(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 Appendix I 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 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 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)). 13 For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Truck and Bus Tires from the People’s Republic of China (CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering 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. E:\FR\FM\25FEN1.SGM 25FEN1 9430 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 nonpetitioning 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 based on the conservative utilization assumption.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 702(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 702(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 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 CVD Initiation Checklist, at Attachment II. 16 See CVD Initiation Checklist, at Attachment II. 17 See section 702(c)(4)(D) of the Act; see also CVD Initiation Checklist, at Attachment II. 18 See CVD Initiation Checklist, at Attachment II. 19 Id. VerDate Sep<11>2014 18:07 Feb 24, 2016 Jkt 238001 Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(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 CVD investigation that it is requesting the Department initiate.20 Injury Test Because the PRC is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, 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 Initiation of Countervailing Duty Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. The petitioner alleges that producers/ exporters of truck and bus tires in the PRC benefit from countervailable subsidies bestowed by the GOC. The Department examined the Petition on truck and bus tires from the PRC and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether producers/exporters of truck and bus tires in the PRC receive countervailable subsidies. For a discussion of evidence supporting our initiation determination, see the CVD Initiation Checklist which accompanies 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.24 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.25 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 CVD investigation.26 Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation of 38 of the 39 alleged programs. For a full discussion of the basis of our decision to initiate or not initiate on each program, see the CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. 20 Id. 21 See Volume I of the Petition, at I–15 and Exhibit I–17. 22 Id., at I–12, I–15 through I–32 and Exhibits I–2, I–10, I–17 through I–30. 23 See CVD 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. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 24 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). 25 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). 26 Id. at 46794–95. The 2015 amendments may be found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl. E:\FR\FM\25FEN1.SGM 25FEN1 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection Following standard practice in CVD investigations, the Department intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of truck and bus tires during the period of investigation under the appropriate Harmonized Tariff Schedule of the U.S. numbers listed in the scope of Appendix I, below. We intend to release CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO within five business days of publication of this Federal Register notice. Interested parties wishing to comment regarding the CBP data and/or respondent selection must do so within seven calendar days after the placement of the CBP data on the record of this investigation. Parties wishing to submit rebuttal comments should submit those comments five calendar days after the deadline for the initial comments. An electronically-filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5:00 p.m. ET by the date noted above. We intend to make our decision regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) 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 702(d) of the Act. mstockstill on DSK4VPTVN1PROD with NOTICES 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.27 A negative ITC determination will result in the investigation being terminated.28 Otherwise, this investigation will proceed according to statutory and regulatory time limits. 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 29 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.30 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. Extension of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 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 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 28 Id. 29 See 27 See section 703(a) of the Act. VerDate Sep<11>2014 18:07 Feb 24, 2016 30 See Jkt 238001 PO 00000 19 CFR 351.301(b). 19 CFR 351.301(b)(2). Frm 00013 Fmt 4703 Sfmt 4703 9431 untimely-filed requests for the extension of time limits.31 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.32 Parties are hereby reminded that 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.33 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under 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 31 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. 32 See section 782(b) of the Act. 33 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. E:\FR\FM\25FEN1.SGM 25FEN1 9432 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices 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 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. 2016–04063 Filed 2–24–16; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:07 Feb 24, 2016 Jkt 238001 DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States-Panama Trade Promotion Agreement (U.S.-Panama TPA) International Trade Administration. ACTION: Notice. AGENCY: On behalf of the Committee for the Implementation of Textile Agreements (CITA), the Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before April 25, 2016. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Laurie Mease, Office of Textiles and Apparel, Telephone: 202– 482–2043, Email: Laurie.Mease@ trade.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract Title II, Section 203(o) of the United States-Panama Trade Promotion Agreement Implementation Act (the ‘‘Act’’) [Pub. L. 112–43] implements the commercial availability provision provided for in Article 3.25 of the United States-Panama Trade Promotion Agreement (the ‘‘Agreement’’). The Agreement entered into force on October 31, 2012. Subject to the rules of origin in Annex 4.1 of the Agreement, pursuant to the textile provisions of the Agreement, fabric, yarn, and fiber produced in Panama or the United States and traded between the two countries are entitled to duty-free tariff treatment. Annex 3.25 of the Agreement also lists specific fabrics, yarns, and fibers that the two countries agreed are not available in commercial quantities in a timely manner from producers in Panama or the United States. The items PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 listed in Annex 3.25 are commercially unavailable fabrics, yarns, and fibers. Articles containing these items are entitled to duty-free or preferential treatment despite containing inputs not produced in Panama or the United States. The list of commercially unavailable fabrics, yarns, and fibers may be changed pursuant to the commercial availability provision in Chapter 3, Article 3.25, Paragraphs 4–6 of the Agreement. Under this provision, interested entities from Panama or the United States have the right to request that a specific fabric, yarn, or fiber be added to, or removed from, the list of commercially unavailable fabrics, yarns, and fibers in Annex 3.25 of the Agreement. Pursuant to Chapter 3, Article 3.25, paragraph 6 of the Agreement, which requires that the President publish procedures for parties to exercise the right to make these requests, Section 203(o)(4) of the Act authorizes the President to establish procedures to modify the list of fabrics, yarns, or fibers not available in commercial quantities in a timely manner in either the United States or Panama as set out in Annex 3.25 of the Agreement. The President delegated the responsibility for publishing the procedures and administering commercial availability requests to the Committee for the Implementation of Textile Agreements (‘‘CITA’’), which issues procedures and acts on requests through the U.S. Department of Commerce, Office of Textiles and Apparel (‘‘OTEXA’’) (See Proclamation No. 8894, 77 FR 66507, November 5, 2012). The intent of the U.S.-Panama TPA Commercial Availability Procedures is to foster the use of U.S. and regional products by implementing procedures that allow products to be placed on or removed from a product list, on a timely basis, and in a manner that is consistent with normal business practice. The procedures are intended to facilitate the transmission of requests; allow the market to indicate the availability of the supply of products that are the subject of requests; make available promptly, to interested entities and the public, information regarding the requests for products and offers received for those products; ensure wide participation by interested entities and parties; allow for careful review and consideration of information provided to substantiate requests and responses; and provide timely public dissemination of information used by CITA in making commercial availability determinations. CITA must collect certain information about fabric, yarn, or fiber technical E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9428-9432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04063]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-041]


Truck and Bus Tires From the People's Republic of China: 
Initiation of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Effective: February 25, 2016.

FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Mark Kennedy, 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) 482-2778, or (202) 482-1293, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On January 29, 2016, the Department of Commerce (the Department) 
received a countervailing duty (CVD) petition concerning imports of 
certain truck and bus tires from the People's Republic of China (the 
PRC), filed in proper form by the United Steel, Paper and Forestry, 
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO, CLC (USW) (USW or the petitioner).\1\ The 
CVD petition was accompanied by an antidumping duty (AD) 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 and February 5, 2016, the Department requested additional 
information and clarification of certain areas of the Petition \2\ and 
on February 5 and February 9, 2016, the petitioner filed supplements to 
the Petition.\3\
---------------------------------------------------------------------------

    \1\ See ``Petition for the Imposition of Countervailing 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 Countervailing Duties on Imports of 
Certain Truck and Bus Tires from the People's Republic of China: 
Supplemental Questions'' dated February 5, 2016 (CVD Supplemental 
Questions).
    \3\ See ``Petitioner's Response to the Department's February 3, 
2016 Supplemental Questions Regarding General Issues'' dated 
February 5, 2016 (General Issues Supplement); see also 
``Petitioner's Response to the Department's February 5 Supplemental 
Questions Regarding the Countervailing Duty Petition,'' dated 
February 9, 2016.
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that producers/exporters of 
truck and bus tires in the PRC received countervailable subsidies 
within the meaning of sections 701 and 771(5) of the Act, and that 
imports from these producers/exporters are materially injuring, or 
threatening material injury to, an industry in the United States. Also, 
consistent with section 702(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 CVD 
investigation that it is requesting.\4\
---------------------------------------------------------------------------

    \4\ See ``Determination of Industry Support for the Petition'' 
section, below.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is calendar year 2015, in 
accordance with 19 CFR 351.204(b)(2).

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.\5\ As discussed in the Preamble to our regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\6\ 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

[[Page 9429]]

comments include factual information,\7\ 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.\8\ 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 CVD investigation, as well 
as the concurrent AD investigation.
---------------------------------------------------------------------------

    \5\ 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.
    \6\ See Antidumping Duties; Countervailing Duties (Final Rule); 
62 FR 27296, 27323 (May 19, 1997).
    \7\ See 19 CFR 351.102(b)(21).
    \8\ 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.'')
---------------------------------------------------------------------------

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.\9\
---------------------------------------------------------------------------

    \9\ 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.
---------------------------------------------------------------------------

Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the Government of the People's Republic of 
China (GOC) of the receipt of the Petition. Also, in accordance with 
section 702(b)(4)(A)(ii) of the Act, the Department provided 
representatives of the GOC the opportunity for consultations with 
respect to the CVD petition. The GOC provided a document titled 
``Consultations Points of the GOC,'' in lieu of holding 
consultations.\10\
---------------------------------------------------------------------------

    \10\ See Memorandum to the File, ``Petition for the Imposition 
of Countervailing Duties on Certain Truck and Bus Tires from The 
People's Republic of China: Consultations Comments from the 
Government of China,'' (February 16, 2016).
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The 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\
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \13\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Truck and Bus Tires from the People's Republic of China 
(CVD Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering 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.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(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 Appendix I 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 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

[[Page 9430]]

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 based on the conservative 
utilization assumption.\14\ We relied on data the petitioner provided 
for purposes of measuring industry support.\15\
---------------------------------------------------------------------------

    \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 CVD Initiation Checklist, 
at Attachment II.
---------------------------------------------------------------------------

    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 702(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 
702(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 702(b)(1) 
of the Act.
---------------------------------------------------------------------------

    \16\ See CVD Initiation Checklist, at Attachment II.
    \17\ See section 702(c)(4)(D) of the Act; see also CVD 
Initiation Checklist, at Attachment II.
    \18\ See CVD Initiation Checklist, at Attachment II.
    \19\ Id.
---------------------------------------------------------------------------

    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 CVD investigation that 
it is requesting the Department initiate.\20\
---------------------------------------------------------------------------

    \20\ Id.
---------------------------------------------------------------------------

Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to these investigations. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\21\
---------------------------------------------------------------------------

    \21\ See Volume I of the Petition, at I-15 and Exhibit I-17.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \22\ Id., at I-12, I-15 through I-32 and Exhibits I-2, I-10, I-
17 through I-30.
    \23\ See CVD 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.
---------------------------------------------------------------------------

Initiation of Countervailing Duty Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioner 
supporting the allegations.
    The petitioner alleges that producers/exporters of truck and bus 
tires in the PRC benefit from countervailable subsidies bestowed by the 
GOC. The Department examined the Petition on truck and bus tires from 
the PRC and finds that it complies with the requirements of section 
702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) 
of the Act, we are initiating a CVD investigation to determine whether 
producers/exporters of truck and bus tires in the PRC receive 
countervailable subsidies. For a discussion of evidence supporting our 
initiation determination, see the CVD Initiation Checklist which 
accompanies 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.\24\ 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.\25\ 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 CVD investigation.\26\
---------------------------------------------------------------------------

    \24\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \25\ 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).
    \26\ Id. at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
---------------------------------------------------------------------------

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation of 38 of the 39 
alleged programs. For a full discussion of the basis of our decision to 
initiate or not initiate on each program, see the CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.

[[Page 9431]]

    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    Following standard practice in CVD investigations, the Department 
intends to select respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of truck and bus tires during 
the period of investigation under the appropriate Harmonized Tariff 
Schedule of the U.S. numbers listed in the scope of Appendix I, below. 
We intend to release CBP data under Administrative Protective Order 
(APO) to all parties with access to information protected by APO within 
five business days of publication of this Federal Register notice.
    Interested parties wishing to comment regarding the CBP data and/or 
respondent selection must do so within seven calendar days after the 
placement of the CBP data on the record of this investigation. Parties 
wishing to submit rebuttal comments should submit those comments five 
calendar days after the deadline for the initial comments. An 
electronically-filed document must be received successfully in its 
entirety by the Department's electronic records system, ACCESS, by 5:00 
p.m. ET by the date noted above. We intend to make our decision 
regarding respondent selection within 20 days of publication of this 
notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) 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 
702(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.\27\ A negative ITC determination will result in the 
investigation being terminated.\28\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \27\ See section 703(a) of the Act.
    \28\ Id.
---------------------------------------------------------------------------

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 \29\ 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.\30\ 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.
---------------------------------------------------------------------------

    \29\ See 19 CFR 351.301(b).
    \30\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extension of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 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 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.\31\
---------------------------------------------------------------------------

    \31\ 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.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\32\ 
Parties are hereby reminded that 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.\33\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
---------------------------------------------------------------------------

    \32\ See section 782(b) of the Act.
    \33\ See 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.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
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

[[Page 9432]]

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 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. 2016-04063 Filed 2-24-16; 8:45 am]
 BILLING CODE 3510-DS-P

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