Certain New Pneumatic Off-the-Road Tires From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Determination, 39903-39905 [2016-14537]
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Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–870]
Certain New Pneumatic Off-the-Road
Tires From India: Preliminary
Affirmative Countervailing Duty
Determination, Preliminary Affirmative
Critical Circumstances Determination,
in Part, and Alignment of Final
Determination With Final Antidumping
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain new
pneumatic off-the-road tires (off road
tires) from India. The period of
investigation is January 1, 2015, through
December 31, 2015. Interested parties
are invited to comment on this
preliminary determination.
DATES: Effective Date: June 20, 2016.
FOR FURTHER INFORMATION CONTACT:
Spencer Toubia, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone:
(202) 482–0123.
AGENCY:
1930, as amended (Act), Petitioners 3
requested alignment of the final CVD
determinations of off road tires from
India and Sri Lanka with the final AD
determination of off road tires from
India. Therefore, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determinations with the final India
AD determination. Consequently, the
final CVD determinations will be issued
on the same date as the final India AD
determination, which is currently
scheduled to be issued no later than
October 25, 2016.
Scope of the Investigation
The scope of the investigation covers
off road tires, which are tires with an off
road tire size designation. For a
complete description of the scope of the
investigation, see Appendix I.
Scope Comments
Certain interested parties commented
on the scope of the investigation as it
appeared in the Initiation Notice. For
discussion of those comments, see the
Preliminary Decision Memorandum.4
On the same day the Department
initiated this CVD investigation, the
Department also initiated an AD
investigation of off road tires from India
and a CVD investigation of off road tires
from Sri Lanka.1 2 This CVD, the India
AD, and the Sri Lanka CVD
investigations cover the same
merchandise.
On May 11, 2016, in accordance with
section 705(a)(1) of the Tariff Act of
Methodology
The Department is conducting this
CVD investigation in accordance with
section 701 of the Act. For each of the
subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy (i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient) and that the subsidy is
specific.5 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
1 See Certain New Pneumatic Off-the-Road Tires
From India, the People’s Republic of China, and Sri
Lanka: Initiation of Countervailing Duty
Investigations, 81 FR 7067 (February 10, 2016)
(Initiation Notice). See also Certain New Pneumatic
Off-the-Road Tires From India and the People’s
Republic of China: Initiation of Less Than-FairValue Investigations, 81 FR 7073 (February 10,
2016).
2 At this time, the Department also initiated AD
and CVD investigations of off road tires from the
People’s Republic of China (PRC). However, on
March 1, 2016, the U.S. International Trade
Commission (ITC) found that imports of off road
tires from the PRC were negligible and terminated
the PRC AD and CVD investigations. See Certain
New Pneumatic Off-the-Road-Tires From China,
India, and Sri Lanka, 81 FR 10663 (March 1, 2016).
3 Petitioners in this investigation are Titan Tire
Corporation and the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union,
AFL–CIO, CLC.
4 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, regarding ‘‘Certain New Pneumatic
Off-the-Road Tires from India: Preliminary
Affirmative Countervailing Duty Determination
Decision Memorandum,’’ dated concurrently with
this notice (Preliminary Decision Memorandum).
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Alignment of Final Countervailing Duty
(CVD) Determination With Final
Antidumping Duty (AD) Determination
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39903
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Determination of Critical
Circumstances, in Part
In accordance with section 703(e)(1)
of the Act, we preliminarily find that
critical circumstances exist with respect
to imports of off road tires from India for
all other exporters or producers not
individually examined. A discussion of
our determination can be found in the
Preliminary Decision Memorandum.
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
a CVD rate for each individuallyinvestigated producer/exporter of the
subject merchandise. We preliminarily
determine that countervailable subsidies
are being provided with respect to the
manufacture, production, or exportation
of the subject merchandise. In
accordance with sections 703(d) and
705(c)(5)(A) of the Act, for companies
not individually examined, we apply an
‘‘all-others’’ rate, which is normally
calculated by weighting the subsidy
rates of the individual companies as
respondents by those companies’
exports of the subject merchandise to
the United States. Under section
705(c)(5)(A)(i) of the Act, the all-others
rate should exclude zero and de
minimis rates or any rates based entirely
on facts otherwise available pursuant to
section 776 of the Act. Neither of the
mandatory respondents’ rates in this
preliminary determination were zero or
de minimis or based entirely on facts
otherwise available. Accordingly, in this
preliminary determination, we have
calculated the ‘‘all-others’’ rate by
weight averaging the calculated subsidy
rates of the two individually
investigated respondents. In order to
ensure that business proprietary
information is not disclosed through the
all-others rate, we have used the
respondent’s publicly-ranged sales data
for exports of subject merchandise to the
United States.6
6 See Preliminary Decision Memorandum at
‘‘CALCULATION OF THE ALL-OTHERS RATE’’
(for further explanation of the business propretiary
information concerns); see also Memorandum to the
File, ‘‘Countervailing Duty Investigation of Certain
New Pneumatic Off-the-Road Tires from India:
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Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices
information relating to this
investigation. We will allow the ITC
access to all privileged and business
Subsidy
proprietary information in our files,
Company
rate
provided the ITC confirms that it will
(percent)
not disclose such information, either
ATC Tires Private Limited ..........
7.64 publicly or under an administrative
Balkrishna Industries Limited 7 ...
4.70 protective order, without the written
All-Others ....................................
6.17 consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with sections
In accordance with section 705(b)(2)
703(d)(1)(B) and (2) of the Act, we are
of the Act, if our final determination is
directing U.S. Customs and Border
affirmative, the ITC will make its final
Protection (CBP) to suspend liquidation determination within 45 days after the
of all entries of off road tires from India
Department makes its final
that are entered, or withdrawn from
determination.
warehouse, for consumption on or after
the date of the publication of this notice Disclosure and Public Comment
in the Federal Register, and to require
The Department intends to disclose
a cash deposit for such entries of
calculations performed for this
merchandise in the amounts indicated
preliminary determination to the parties
above. Moreover, because we
within five days of the date of public
preliminarily find critical circumstances
announcement of this determination in
exist with respect to all other exporters
accordance with 19 CFR 351.224(b).
or producers not individually examined,
Case briefs or other written comments
in accordance with section 703(e)(2)(A)
may be submitted to the Assistant
of the Act, we are directing CBP to
Secretary for Enforcement and
apply the suspension of liquidation to
Compliance no later than seven days
any unliquidated entries entered, or
after the date on which the final
withdrawn from warehouse for
consumption by these companies, on or verification report is issued in this
proceeding, and rebuttal briefs, limited
after the date which is 90 days prior to
to issues raised in case briefs, may be
the date of publication of this notice in
submitted no later than five days after
the Federal Register.
the deadline date for case briefs.8 A
Verification
table of contents, list of authorities used,
As provided in section 782(i)(1) of the and an executive summary of issues
Act, we intend to verify the information should accompany any briefs submitted
to the Department, pursuant to 19 CFR
submitted by the respondents prior to
351.309(c)(2) and (d)(2). This summary
making our final determination.
should be limited to five pages total,
U.S. International Trade Commission
including footnotes.
In accordance with section 703(f) of
Pursuant to 19 CFR 351.310(c),
the Act, we will notify the ITC of our
interested parties who wish to request a
determination. In addition, we are
hearing must submit a written request to
making available to the ITC all nonthe Assistant Secretary for Enforcement
privileged and non-proprietary
and Compliance, U.S. Department of
Commerce, filed electronically using
Preliminary Determination Margin Calculation for
ACCESS. An electronically-filed request
All-Others,’’ dated concurrently with this
must be received successfully, and in its
memorandum.
entirety, by ACCESS by 5:00 p.m.
7 The Department selected as its mandatory
Eastern Time, within 30 days after the
respondents in this investigation ATC Tires Private
Limited and Balkrishna Industries Limited. See
date of publication of this notice.
Department Memorandum, ‘‘Countervailing Duty
Requests should contain the party’s
Investigation of Certain New Pneumatic Off-thename, address, and telephone number;
Road Tires from India: Respondent Selection,’’
the number of participants; and a list of
dated February 24, 2016 (Respondent Selection
Memorandum). On April 8, 2016, TVS Srichakra
the issues to be discussed. If a request
Ltd. (TVS) submitted voluntary responses to our
for a hearing is made, the Department
Initial Questionnaire. See Letter from TVS,
intends to hold the hearing at the U.S.
‘‘Countervailing Duty Investigation on Imports of
Department of Commerce, 14th Street
Certain New Pneumatic Off-the-Road Tires from
India -Questionnaire Response,’’ dated April 8,
and Constitution Avenue NW.,
2016. On May 4, 2016, we determined that we did
Washington, DC 20230, at a date, time,
not have the resources to select to select TVS as a
and specific location to be determined.
voluntary respondent because to do so would be
Parties will be notified of the date, time,
unduly burdensome and would inhibit the timely
completion of this investigation. Therefore, we have and location of any hearing. Parties
not analyzed any voluntary responses. See
should confirm by telephone the date,
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We preliminarily determine the
countervailable subsidy rates to be:
Department Memorandum, ‘‘Countervailing Duty
Investigation of Certain New Pneumatic Off-theRoad Tires from India: Selection of an Additional
Respondent,’’ dated May 4, 2016.
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8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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time, and location of the hearing two
days before the scheduled date.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: June 13, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation is certain
new pneumatic off-the-road tires (certain off
road tires). Certain off road tires are tires with
an off road tire size designation. The tires
included in the scope may be either tubetype 9 or tubeless, radial, or non-radial,
regardless of whether for original equipment
manufacturers or the replacement market.
Subject tires may have the following prefix
or suffix designation, which appears on the
sidewall of the tire:
Prefix designations:
DH—Identifies a tire intended for agricultural
and logging service which must be
mounted on a DH drop center rim.
VA—Identifies a tire intended for agricultural
and logging service which must be
mounted on a VA multipiece rim.
IF—Identifies an agricultural tire to operate
at 20 percent higher rated load than
standard metric tires at the same inflation
pressure.
VF—Identifies an agricultural tire to operate
at 40 percent higher rated load than
standard metric tires at the same inflation
pressure.
Suffix designations:
ML—Mining and logging tires used in
intermittent highway service.
DT—Tires primarily designed for sand and
paver service.
NHS—Not for Highway Service.
TG—Tractor Grader, off-the-road tire for use
on rims having bead seats with nominal
+0.188’’ diameter (not for highway service).
K—Compactor tire for use on 5° drop center
or semi-drop center rims having bead seats
with nominal minus 0.032 diameter.
IND—Drive wheel tractor tire used in
industrial service.
SL—Service limited to agricultural usage.
FI—Implement tire for agricultural towed
highway service.
CFO—Cyclic Field Operation.
SS—Differentiates tires for off-highway
vehicles such as mini and skid-steer
loaders from other tires which use similar
size designations such as 7.00–15TR and
7.00–15NHS, but may use different rim
bead seat configurations.
All tires marked with any of the prefixes
or suffixes listed above in their sidewall
markings are covered by the scope regardless
of their intended use.
9 While tube-type tires are subject to the scope of
this proceeding, tubes and flaps are not subject
merchandise and therefore are not covered by the
scope of this proceeding, regardless of the manner
in which they are sold (e.g., sold with or separately
from subject merchandise).
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Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices
In addition, all tires that lack any of the
prefixes or suffixes listed above in their
sidewall markings are included in the scope,
regardless of their intended use, as long as
the tire is of a size that is among the
numerical size designations listed in the
following sections of the Tire and Rim
Association Year Book, as updated annually,
unless the tire falls within one of the specific
exclusions set forth below. The sections of
the Tire and Rim Association Year Book
listing numerical size designations of covered
certain off road tires include:
The table of mining and logging tires
included in the section on Truck-Bus tires;
The entire section on Off-the-Road tires;
The entire section on Agricultural tires;
and
The following tables in the section on
Industrial/ATV/Special Trailer tires:
• Industrial, Mining, Counterbalanced Lift
Truck (Smooth Floors Only);
• Industrial and Mining (Other than
Smooth Floors);
• Construction Equipment;
• Off-the-Road and Counterbalanced Lift
Truck (Smooth Floors Only);
• Aerial Lift and Mobile Crane; and
• Utility Vehicle and Lawn and Garden
Tractor.
Certain off road 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 certain off road tires
produced in the subject countries whether
mounted on wheels or rims in a subject
country or in a third country. Certain off road
tires are covered whether or not they are
accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Certain off
road tires that enter attached to a vehicle are
not covered by the scope.
Specifically excluded from the scope are
passenger vehicle and light truck tires, racing
tires, mobile home tires, motorcycle tires, allterrain vehicle tires, bicycle tires, on-road or
on-highway trailer tires, and truck and bus
tires. Such tires generally have in common
that the symbol ‘‘DOT’’ must appear on the
sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards.
Such excluded tires may also have the
following prefixes and suffixes included as
part of the size designation on their
sidewalls:
Prefix letter designations:
AT—Identifies a tire intended for service on
All-Terrain Vehicles;
P—Identifies a tire intended primarily for
service on passenger cars;
LT—Identifies a tire intended primarily for
service on light trucks;
T—Identifies a tire intended for one-position
‘‘temporary use’’ as a spare only; and
ST—Identifies a special tire for trailers in
highway service.
Suffix letter designations:
TR—Identifies a tire for service on trucks,
buses, and other vehicles with rims having
specified rim diameter of nominal plus
0.156″ or plus 0.250″;
MH—Identifies tires for Mobile Homes;
HC—Identifies a heavy duty tire designated
for use on ‘‘HC’’ 15″ tapered rims used on
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trucks, buses, and other vehicles. This
suffix is intended to differentiate among
tires for light trucks, and other vehicles or
other services, which use a similar
designation.
Example: 8R17.5 LT, 8R17.5 HC;
LT—Identifies light truck tires for service on
trucks, buses, trailers, and multipurpose
passenger vehicles used in nominal
highway service;
ST—Special tires for trailers in highway
service; and
M/C—Identifies tires and rims for
motorcycles.
The following types of tires are also
excluded from the scope: Pneumatic tires
that are not new, including recycled or
retreaded tires and used tires; non-pneumatic
tires, including solid rubber tires; aircraft
tires; and turf, lawn and garden, and golf
tires. Also excluded from the scope are
mining and construction tires that have a rim
diameter equal to or exceeding 39 inches.
Such tires may be distinguished from other
tires of similar size by the number of plies
that the construction and mining tires
contain (minimum of 16) and the weight of
such tires (minimum 1500 pounds).
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1025, 4011.20.1035,
4011.20.5030, 4011.20.5050, 4011.61.0000,
4011.62.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000,
4011.94.4000, 4011.94.8000, 8431.49.9038,
8431.49.9090, 8709.90.0020, and
8716.90.1020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.4550, 4011.99.8550, 8424.90.9080,
8431.20.0000, 8431.39.0010, 8431.49.1090,
8431.49.9030, 8432.90.0005, 8432.90.0015,
8432.90.0030, 8432.90.0080, 8433.90.5010,
8503.00.9560, 8708.70.0500, 8708.70.2500,
8708.70.4530, 8716.90.5035 and
8716.90.5055. While HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Critical Circumstances
VI. Injury Test
VII. Subsidies Valuation
VIII. Loan Benchmark and Interest Rates
IX. Analysis of Programs
X. Calculation of All-Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Conclusion
[FR Doc. 2016–14537 Filed 6–17–16; 8:45 am]
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39905
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
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; 2013–
2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 28, 2015, the
Department of Commerce (the
‘‘Department’’) published its
preliminary results in the 2013–2014
administrative review of the
antidumping duty order on crystalline
silicon photovoltaic cells, whether or
not assembled into modules (‘‘solar
cells’’), from the People’s Republic of
China (‘‘PRC’’).1 The period of review
(‘‘POR’’) is December 1, 2013, through
November 30, 2014. This administrative
review covers two mandatory
respondents: (1) The collapsed entity
Yingli 2 and (2) the collapsed entity
Trina.3 Based on our analysis of the
AGENCY:
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2013–
2014, 80 FR 80746 (December 28, 2015)
(‘‘Preliminary Results’’), and accompanying
Preliminary Decision Memorandum (‘‘PDM’’).
2 In these final results of review, the Department
has continued to treat the mandatory respondent
Yingli Energy (China) Company Limited and the
following eight companies as a single entity: (1)
Baoding Tianwei Yingli New Energy Resources Co.,
Ltd.; (2) Tianjin Yingli New Energy Resources Co.,
Ltd.; (3) Hengshui Yingli New Energy Resources
Co., Ltd.; (4) Lixian Yingli New Energy Resources
Co., Ltd.; (5) Baoding Jiasheng Photovoltaic
Technology Co., Ltd.; (6) Beijing Tianneng Yingli
New Energy Resources Co., Ltd.; (7) Hainan Yingli
New Energy Resources Co., Ltd.; (8) Shenzhen
Yingli New Energy Resources Co., Ltd. (collectively
‘‘Yingli’’). See Preliminary Results, 80 FR at 80746,
and PDM at 6–8; see also the December 18, 2015
memorandum from Jeff Pedersen International
Trade Analyst, AD/CVD Operations, Office IV to
Abdelali Elouaradia Director AD/CVD Operations,
Office IV, concerning affiliation and single entity
status.
3 In these final results of review, the Department
has continued to treat the mandatory respondent
Changzhou Trina Solar Energy Co., Ltd. and Trina
Solar (Changzhou) Science & Technology Co., Ltd.
and the following four companies as a single entity:
(1) Yancheng Trina Solar Energy Technology Co.,
Ltd.; (2) Changzhou Trina Solar Yabang Energy Co.,
Ltd.; (3) Turpan Trina Solar Energy Co., Ltd.; (4)
Hubei Trina Solar Energy Co., Ltd. (collectively
‘‘Trina’’). See Preliminary Results, 80 FR at 80746,
and PDM; see also the December 18, 2015
memorandum from Thomas Martin International
Trade Analyst, AD/CVD Operations, Office IV to
Abdelali Elouaradia Director AD/CVD Operations,
Office IV concerning affiliation and single entity
status.
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]]>Agencies
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39903-39905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14537]
[[Page 39903]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-870]
Certain New Pneumatic Off-the-Road Tires From India: Preliminary
Affirmative Countervailing Duty Determination, Preliminary Affirmative
Critical Circumstances Determination, in Part, and Alignment of Final
Determination With Final Antidumping Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain new pneumatic off-the-road tires
(off road tires) from India. The period of investigation is January 1,
2015, through December 31, 2015. Interested parties are invited to
comment on this preliminary determination.
DATES: Effective Date: June 20, 2016.
FOR FURTHER INFORMATION CONTACT: Spencer Toubia, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0123.
Alignment of Final Countervailing Duty (CVD) Determination With Final
Antidumping Duty (AD) Determination
On the same day the Department initiated this CVD investigation,
the Department also initiated an AD investigation of off road tires
from India and a CVD investigation of off road tires from Sri
Lanka.1 2 This CVD, the India AD, and the Sri Lanka CVD
investigations cover the same merchandise.
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\1\ See Certain New Pneumatic Off-the-Road Tires From India, the
People's Republic of China, and Sri Lanka: Initiation of
Countervailing Duty Investigations, 81 FR 7067 (February 10, 2016)
(Initiation Notice). See also Certain New Pneumatic Off-the-Road
Tires From India and the People's Republic of China: Initiation of
Less Than-Fair-Value Investigations, 81 FR 7073 (February 10, 2016).
\2\ At this time, the Department also initiated AD and CVD
investigations of off road tires from the People's Republic of China
(PRC). However, on March 1, 2016, the U.S. International Trade
Commission (ITC) found that imports of off road tires from the PRC
were negligible and terminated the PRC AD and CVD investigations.
See Certain New Pneumatic Off-the-Road-Tires From China, India, and
Sri Lanka, 81 FR 10663 (March 1, 2016).
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On May 11, 2016, in accordance with section 705(a)(1) of the Tariff
Act of 1930, as amended (Act), Petitioners \3\ requested alignment of
the final CVD determinations of off road tires from India and Sri Lanka
with the final AD determination of off road tires from India.
Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final CVD determinations with the
final India AD determination. Consequently, the final CVD
determinations will be issued on the same date as the final India AD
determination, which is currently scheduled to be issued no later than
October 25, 2016.
---------------------------------------------------------------------------
\3\ Petitioners in this investigation are Titan Tire Corporation
and the United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union,
AFL-CIO, CLC.
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers off road tires, which are
tires with an off road tire size designation. For a complete
description of the scope of the investigation, see Appendix I.
Scope Comments
Certain interested parties commented on the scope of the
investigation as it appeared in the Initiation Notice. For discussion
of those comments, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
regarding ``Certain New Pneumatic Off-the-Road Tires from India:
Preliminary Affirmative Countervailing Duty Determination Decision
Memorandum,'' dated concurrently with this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this CVD investigation in accordance
with section 701 of the Act. For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy
(i.e., a financial contribution by an ``authority'' that gives rise to
a benefit to the recipient) and that the subsidy is specific.\5\ For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov, and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of Critical Circumstances, in Part
In accordance with section 703(e)(1) of the Act, we preliminarily
find that critical circumstances exist with respect to imports of off
road tires from India for all other exporters or producers not
individually examined. A discussion of our determination can be found
in the Preliminary Decision Memorandum.
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a CVD rate for each individually-investigated producer/
exporter of the subject merchandise. We preliminarily determine that
countervailable subsidies are being provided with respect to the
manufacture, production, or exportation of the subject merchandise. In
accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not individually examined, we apply an ``all-others'' rate,
which is normally calculated by weighting the subsidy rates of the
individual companies as respondents by those companies' exports of the
subject merchandise to the United States. Under section 705(c)(5)(A)(i)
of the Act, the all-others rate should exclude zero and de minimis
rates or any rates based entirely on facts otherwise available pursuant
to section 776 of the Act. Neither of the mandatory respondents' rates
in this preliminary determination were zero or de minimis or based
entirely on facts otherwise available. Accordingly, in this preliminary
determination, we have calculated the ``all-others'' rate by weight
averaging the calculated subsidy rates of the two individually
investigated respondents. In order to ensure that business proprietary
information is not disclosed through the all-others rate, we have used
the respondent's publicly-ranged sales data for exports of subject
merchandise to the United States.\6\
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\6\ See Preliminary Decision Memorandum at ``CALCULATION OF THE
ALL-OTHERS RATE'' (for further explanation of the business
propretiary information concerns); see also Memorandum to the File,
``Countervailing Duty Investigation of Certain New Pneumatic Off-
the-Road Tires from India: Preliminary Determination Margin
Calculation for All-Others,'' dated concurrently with this
memorandum.
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[[Page 39904]]
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
ATC Tires Private Limited................................... 7.64
Balkrishna Industries Limited \7\........................... 4.70
All-Others.................................................. 6.17
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of off road tires from India that are
entered, or withdrawn from warehouse, for consumption on or after the
date of the publication of this notice in the Federal Register, and to
require a cash deposit for such entries of merchandise in the amounts
indicated above. Moreover, because we preliminarily find critical
circumstances exist with respect to all other exporters or producers
not individually examined, in accordance with section 703(e)(2)(A) of
the Act, we are directing CBP to apply the suspension of liquidation to
any unliquidated entries entered, or withdrawn from warehouse for
consumption by these companies, on or after the date which is 90 days
prior to the date of publication of this notice in the Federal
Register.
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\7\ The Department selected as its mandatory respondents in this
investigation ATC Tires Private Limited and Balkrishna Industries
Limited. See Department Memorandum, ``Countervailing Duty
Investigation of Certain New Pneumatic Off-the-Road Tires from
India: Respondent Selection,'' dated February 24, 2016 (Respondent
Selection Memorandum). On April 8, 2016, TVS Srichakra Ltd. (TVS)
submitted voluntary responses to our Initial Questionnaire. See
Letter from TVS, ``Countervailing Duty Investigation on Imports of
Certain New Pneumatic Off-the-Road Tires from India -Questionnaire
Response,'' dated April 8, 2016. On May 4, 2016, we determined that
we did not have the resources to select to select TVS as a voluntary
respondent because to do so would be unduly burdensome and would
inhibit the timely completion of this investigation. Therefore, we
have not analyzed any voluntary responses. See Department
Memorandum, ``Countervailing Duty Investigation of Certain New
Pneumatic Off-the- Road Tires from India: Selection of an Additional
Respondent,'' dated May 4, 2016.
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Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
U.S. International Trade Commission
In accordance with section 703(f) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information relating to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order, without the written consent
of the Assistant Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
Disclosure and Public Comment
The Department intends to disclose calculations performed for this
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). Case briefs or other written comments may be submitted to
the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\8\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to the Department, pursuant to 19 CFR
351.309(c)(2) and (d)(2). This summary should be limited to five pages
total, including footnotes.
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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using ACCESS. An electronically-filed request must
be received successfully, and in its entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the date of publication of this
notice. Requests should contain the party's name, address, and
telephone number; the number of participants; and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a date,
time, and specific location to be determined. Parties will be notified
of the date, time, and location of any hearing. Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: June 13, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation is certain new pneumatic off-
the-road tires (certain off road tires). Certain off road tires are
tires with an off road tire size designation. The tires included in
the scope may be either tube-type \9\ or tubeless, radial, or non-
radial, regardless of whether for original equipment manufacturers
or the replacement market.
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\9\ While tube-type tires are subject to the scope of this
proceeding, tubes and flaps are not subject merchandise and
therefore are not covered by the scope of this proceeding,
regardless of the manner in which they are sold (e.g., sold with or
separately from subject merchandise).
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Subject tires may have the following prefix or suffix
designation, which appears on the sidewall of the tire:
Prefix designations:
DH--Identifies a tire intended for agricultural and logging service
which must be mounted on a DH drop center rim.
VA--Identifies a tire intended for agricultural and logging service
which must be mounted on a VA multipiece rim.
IF--Identifies an agricultural tire to operate at 20 percent higher
rated load than standard metric tires at the same inflation
pressure.
VF--Identifies an agricultural tire to operate at 40 percent higher
rated load than standard metric tires at the same inflation
pressure.
Suffix designations:
ML--Mining and logging tires used in intermittent highway service.
DT--Tires primarily designed for sand and paver service.
NHS--Not for Highway Service.
TG--Tractor Grader, off-the-road tire for use on rims having bead
seats with nominal +0.188'' diameter (not for highway service).
K--Compactor tire for use on 5[deg] drop center or semi-drop center
rims having bead seats with nominal minus 0.032 diameter.
IND--Drive wheel tractor tire used in industrial service.
SL--Service limited to agricultural usage.
FI--Implement tire for agricultural towed highway service.
CFO--Cyclic Field Operation.
SS--Differentiates tires for off-highway vehicles such as mini and
skid-steer loaders from other tires which use similar size
designations such as 7.00-15TR and 7.00-15NHS, but may use different
rim bead seat configurations.
All tires marked with any of the prefixes or suffixes listed
above in their sidewall markings are covered by the scope regardless
of their intended use.
[[Page 39905]]
In addition, all tires that lack any of the prefixes or suffixes
listed above in their sidewall markings are included in the scope,
regardless of their intended use, as long as the tire is of a size
that is among the numerical size designations listed in the
following sections of the Tire and Rim Association Year Book, as
updated annually, unless the tire falls within one of the specific
exclusions set forth below. The sections of the Tire and Rim
Association Year Book listing numerical size designations of covered
certain off road tires include:
The table of mining and logging tires included in the section on
Truck-Bus tires;
The entire section on Off-the-Road tires;
The entire section on Agricultural tires; and
The following tables in the section on Industrial/ATV/Special
Trailer tires:
Industrial, Mining, Counterbalanced Lift Truck (Smooth
Floors Only);
Industrial and Mining (Other than Smooth Floors);
Construction Equipment;
Off-the-Road and Counterbalanced Lift Truck (Smooth
Floors Only);
Aerial Lift and Mobile Crane; and
Utility Vehicle and Lawn and Garden Tractor.
Certain off road 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 certain off road tires produced
in the subject countries whether mounted on wheels or rims in a
subject country or in a third country. Certain off road tires are
covered whether or not they are accompanied by other parts, e.g., a
wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires
that enter attached to a vehicle are not covered by the scope.
Specifically excluded from the scope are passenger vehicle and
light truck tires, racing tires, mobile home tires, motorcycle
tires, all-terrain vehicle tires, bicycle tires, on-road or on-
highway trailer tires, and truck and bus tires. Such tires generally
have in common that the symbol ``DOT'' must appear on the sidewall,
certifying that the tire conforms to applicable motor vehicle safety
standards. Such excluded tires may also have the following prefixes
and suffixes included as part of the size designation on their
sidewalls:
Prefix letter designations:
AT--Identifies a tire intended for service on All-Terrain Vehicles;
P--Identifies a tire intended primarily for service on passenger
cars;
LT--Identifies a tire intended primarily for service on light
trucks;
T--Identifies a tire intended for one-position ``temporary use'' as
a spare only; and
ST--Identifies a special tire for trailers in highway service.
Suffix letter designations:
TR--Identifies a tire for service on trucks, buses, and other
vehicles with rims having specified rim diameter of nominal plus
0.156'' or plus 0.250'';
MH--Identifies tires for Mobile Homes;
HC--Identifies a heavy duty tire designated for use on ``HC'' 15''
tapered rims used on trucks, buses, and other vehicles. This suffix
is intended to differentiate among tires for light trucks, and other
vehicles or other services, which use a similar designation.
Example: 8R17.5 LT, 8R17.5 HC;
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal
highway service;
ST--Special tires for trailers in highway service; and
M/C--Identifies tires and rims for motorcycles.
The following types of tires are also excluded from the scope:
Pneumatic tires that are not new, including recycled or retreaded
tires and used tires; non-pneumatic tires, including solid rubber
tires; aircraft tires; and turf, lawn and garden, and golf tires.
Also excluded from the scope are mining and construction tires that
have a rim diameter equal to or exceeding 39 inches. Such tires may
be distinguished from other tires of similar size by the number of
plies that the construction and mining tires contain (minimum of 16)
and the weight of such tires (minimum 1500 pounds).
The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050,
4011.61.0000, 4011.62.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000,
4011.94.8000, 8431.49.9038, 8431.49.9090, 8709.90.0020, and
8716.90.1020. Tires meeting the scope description may also enter
under the following HTSUS subheadings: 4011.99.4550, 4011.99.8550,
8424.90.9080, 8431.20.0000, 8431.39.0010, 8431.49.1090,
8431.49.9030, 8432.90.0005, 8432.90.0015, 8432.90.0030,
8432.90.0080, 8433.90.5010, 8503.00.9560, 8708.70.0500,
8708.70.2500, 8708.70.4530, 8716.90.5035 and 8716.90.5055. While
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Critical Circumstances
VI. Injury Test
VII. Subsidies Valuation
VIII. Loan Benchmark and Interest Rates
IX. Analysis of Programs
X. Calculation of All-Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Conclusion
[FR Doc. 2016-14537 Filed 6-17-16; 8:45 am]
BILLING CODE 3510-DS-P
