Truck and Bus Tires From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Determination, 43577-43579 [2016-15837]
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
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imagery (around the time of the 2010
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Census Bureau expects that they would
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Dated: June 28, 2016.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2016–15742 Filed 7–1–16; 8:45 am]
BILLING CODE 3510–07–P
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43577
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–041]
Truck and Bus Tires From the People’s
Republic of China: 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 truck and
bus tires from the People’s Republic of
China (PRC). The period of investigation
is January 1, 2015, through December
31, 2015. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
DATES:
Effective Date: July 5, 2016.
FOR FURTHER INFORMATION CONTACT:
Jennifer Shore or Mark Kennedy, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–2778 or (202) 482–7883,
respectively.
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 truck and bus tires from
the PRC.1 This CVD investigation and
the companion AD investigation cover
the same merchandise.
On June 15, 2016, in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (Act), the petitioner 2
requested alignment of the final CVD
determination of truck and bus tires
from the PRC with the final AD
determination of truck and bus tires
tires from the PRC. Therefore, in
accordance with section 705(a)(1) of the
1 See Truck and Bus Tires from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 81 FR 9428 (February 25, 2016)
(Initiation Notice). See also Truck and Bus Tires
from the People’s Republic of China: Initiation of
Antidumping Duty Investigation, 81 FR 9434
(February 25, 2016).
2 The petitioner in this investigation is the United
Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union, AFL–CIO, CLC (the ‘‘USW’’).
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
Act and 19 CFR 351.210(b)(4), we are
aligning the final CVD determination
with the final PRC AD determination.
Consequently, the final CVD
determination will be issued on the
same date as the PRC AD determination,
which is currently scheduled to be
issued no later than November 9, 2016.
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 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.3
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.4 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
In making this preliminary
determination, the Department relied, in
part, on facts otherwise available, with
the application of adverse inferences.5
For further information, see ‘‘Use of
Facts Otherwise Available and
Application of Adverse Inferences’’ in
the accompanying 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
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 truck and bus tires from
the PRC for mandatory respondent
Guizhou Tyre Co., Ltd. (GTC) and its
cross-owned trading company, Guizhou
Tyre Import and Export Co., Ltd.
(GTCIE). 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. In order to ensure
that business proprietary information is
not disclosed, we have calculated the
all-others rate as a simple average of the
countervailable subsidy rates found for
the two mandatory repsondents.6
We preliminarily determine the
countervailable subsidy rates to be:
Subsidy rate
(percent)
Company
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Double Coin Holdings Ltd.; Double Coin Group (Jiangsu) Tyre Co., Ltd.; Double Coin Group (Chongqing) Tyre Co., Ltd.; Double
Coin Group Shanghai Donghai Tyre Co. Ltd.; Double Coin Group (Xinjiang) Kunlun Tyre Co., Ltd. ............................................
Guizhou Tyre Import and Export Co., Ltd.; Guizhou Tyre Co., Ltd. ...................................................................................................
All-Others .............................................................................................................................................................................................
17.06
23.38
20.22
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 truck and bus tires from
the PRC 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. Section 703(e)(2) of the
Act provides that, given an affirmative
determination of critical circumstances,
any suspension of liquidation shall
apply to unliquidated entries of
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of: (a) The date which is
90 days before the date on which the
suspension of liquidation was first
ordered; or (b) the date on which notice
of initiation of the investigation was
published. We preliminarily found that
critical circumstances exist for GTC and
GTCIE. Therefore, 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 form
warehouse for consumption by GTC and
GTCIE, on or after the date that is 90
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, regarding ‘‘Decision Memorandum for
the Preliminary Affirmative Determination:
Countervailing Duty Investigation of Truck and Bus
Tires from the People’s Republic of China; and the
Preliminary Affirmative Determination of Critical
Circummstances, in Part’’ dated concurrently with
this notice (Preliminary Decision Memorandum).
4 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.
5 See section 776(a) of the Act.
6 See Preliminary Decision Memorandum at
‘‘CALCULATION OF THE ALL-OTHERS RATE’’
(for further explanation of the business propretiary
information concerns).
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
days prioir to the publication of this
notice in the Federal Register.
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.
sradovich on DSK3GDR082PROD with NOTICES
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 nonprivileged 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.7 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.
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
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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43579
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, 1401
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).
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.
Dated: June 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
Appendix I
Scope of the Investigation
The scope of the investigation covers truck
and bus tires. Truck and bus tires are new
pneumatic tires, of rubber, with a truck or
bus size designation. Truck and bus tires
covered by this investigation may be tubetype, tubeless, radial, or non-radial.
Subject tires have, at the time of
importation, the symbol ‘‘DOT’’ on the
sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards.
Subject tires may also have one of the
following suffixes in their tire size
designation, which also appear on the
sidewall of the tire:
TR—Identifies tires for service on trucks or
buses to differentiate them from similarly
sized passenger car and light truck tires;
MH—Identifies tires for mobile homes; and
HC—Identifies a 17.5 inch rim diameter
code for use on low platform trailers.
All tires with a ‘‘TR,’’ ‘‘MH,’’ or ‘‘HC’’
suffix in their size designations are covered
by this investigation regardless of their
intended use.
In addition, all tires that lack one of the
above suffix markings are included in the
scope, regardless of their intended use, as
long as the tire is of a size that is among the
numerical size designations listed in the
‘‘Truck-Bus’’ section of the Tire and Rim
Association Year Book, as updated annually,
unless the tire falls within one of the specific
exclusions set out below.
Truck and bus tires, whether or not
mounted on wheels or rims, are included in
the scope. However, if a subject tire is
imported mounted on a wheel or rim, only
the tire is covered by the scope. Subject
merchandise includes truck and bus tires
produced in the subject country whether
mounted on wheels or rims in the subject
country or in a third country. Truck and bus
tires are covered whether or not they are
accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Truck and bus
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I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Critical Circumstances
VI. Injury Test
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Application of the Countervailing Duty
Law to Imports From the PRC
IX. Subsidies Valuation
X. Interest Rate Benchmarks, Discount Rates,
Input and Land Benchmarks
XI. Analysis of Programs
XII. Calculation of All-Others Rate
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion
[FR Doc. 2016–15837 Filed 7–1–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–039]
Countervailing Duty Investigation of
Certain Amorphous Silica Fabric From
the People’s Republic of China:
Preliminary Determination and
Alignment of Final Determination With
Final Antidumping Duty 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
amorphous silica fabric (silica fabric)
from the People’s Republic of China (the
PRC). The period of investigation is
January 1, 2015 through December 31,
AGENCY:
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]]>Agencies
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43577-43579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15837]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-041]
Truck and Bus Tires From the People's Republic of China:
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 truck and bus tires from the People's
Republic of China (PRC). 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: July 5, 2016.
FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Mark Kennedy, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-2778 or (202) 482-7883,
respectively.
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 truck and bus
tires from the PRC.\1\ This CVD investigation and the companion AD
investigation cover the same merchandise.
---------------------------------------------------------------------------
\1\ See Truck and Bus Tires from the People's Republic of China:
Initiation of Countervailing Duty Investigation, 81 FR 9428
(February 25, 2016) (Initiation Notice). See also Truck and Bus
Tires from the People's Republic of China: Initiation of Antidumping
Duty Investigation, 81 FR 9434 (February 25, 2016).
---------------------------------------------------------------------------
On June 15, 2016, in accordance with section 705(a)(1) of the
Tariff Act of 1930, as amended (Act), the petitioner \2\ requested
alignment of the final CVD determination of truck and bus tires from
the PRC with the final AD determination of truck and bus tires tires
from the PRC. Therefore, in accordance with section 705(a)(1) of the
[[Page 43578]]
Act and 19 CFR 351.210(b)(4), we are aligning the final CVD
determination with the final PRC AD determination. Consequently, the
final CVD determination will be issued on the same date as the PRC AD
determination, which is currently scheduled to be issued no later than
November 9, 2016.
---------------------------------------------------------------------------
\2\ The petitioner in this investigation is the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL-CIO, CLC (the ``USW'').
---------------------------------------------------------------------------
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 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.\3\
---------------------------------------------------------------------------
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
regarding ``Decision Memorandum for the Preliminary Affirmative
Determination: Countervailing Duty Investigation of Truck and Bus
Tires from the People's Republic of China; and the Preliminary
Affirmative Determination of Critical Circummstances, in Part''
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.\4\ For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
In making this preliminary determination, the Department relied, in
part, on facts otherwise available, with the application of adverse
inferences.\5\ For further information, see ``Use of Facts Otherwise
Available and Application of Adverse Inferences'' in the accompanying
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See section 776(a) of the Act.
---------------------------------------------------------------------------
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 truck
and bus tires from the PRC for mandatory respondent Guizhou Tyre Co.,
Ltd. (GTC) and its cross-owned trading company, Guizhou Tyre Import and
Export Co., Ltd. (GTCIE). 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. In order to ensure that business
proprietary information is not disclosed, we have calculated the all-
others rate as a simple average of the countervailable subsidy rates
found for the two mandatory repsondents.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at ``CALCULATION OF THE
ALL-OTHERS RATE'' (for further explanation of the business
propretiary information concerns).
---------------------------------------------------------------------------
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Double Coin Holdings Ltd.; Double Coin Group (Jiangsu) 17.06
Tyre Co., Ltd.; Double Coin Group (Chongqing) Tyre Co.,
Ltd.; Double Coin Group Shanghai Donghai Tyre Co. Ltd.;
Double Coin Group (Xinjiang) Kunlun Tyre Co., Ltd......
Guizhou Tyre Import and Export Co., Ltd.; Guizhou Tyre 23.38
Co., Ltd...............................................
All-Others.............................................. 20.22
------------------------------------------------------------------------
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 truck and bus tires from the PRC 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. Section 703(e)(2) of the Act provides that, given an
affirmative determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of merchandise entered,
or withdrawn from warehouse, for consumption on or after the later of:
(a) The date which is 90 days before the date on which the suspension
of liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. We preliminarily found
that critical circumstances exist for GTC and GTCIE. Therefore, 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 form warehouse for consumption by GTC and GTCIE,
on or after the date that is 90
[[Page 43579]]
days prioir to the publication of this notice in the Federal Register.
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.\7\ 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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\7\ 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, 1401
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 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of the investigation covers truck and bus tires. Truck
and bus tires are new pneumatic tires, of rubber, with a truck or
bus size designation. Truck and bus tires covered by this
investigation may be tube-type, tubeless, radial, or non-radial.
Subject tires have, at the time of importation, the symbol
``DOT'' on the sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards. Subject tires may also
have one of the following suffixes in their tire size designation,
which also appear on the sidewall of the tire:
TR--Identifies tires for service on trucks or buses to
differentiate them from similarly sized passenger car and light
truck tires;
MH--Identifies tires for mobile homes; and
HC--Identifies a 17.5 inch rim diameter code for use on low
platform trailers.
All tires with a ``TR,'' ``MH,'' or ``HC'' suffix in their size
designations are covered by this investigation regardless of their
intended use.
In addition, all tires that lack one of the above suffix
markings are included in the scope, regardless of their intended
use, as long as the tire is of a size that is among the numerical
size designations listed in the ``Truck-Bus'' section of the Tire
and Rim Association Year Book, as updated annually, unless the tire
falls within one of the specific exclusions set out below.
Truck and bus tires, whether or not mounted on wheels or rims,
are included in the scope. However, if a subject tire is imported
mounted on a wheel or rim, only the tire is covered by the scope.
Subject merchandise includes truck and bus tires produced in the
subject country whether mounted on wheels or rims in the subject
country or in a third country. Truck and bus tires are covered
whether or not they are 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.
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. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Application of the Countervailing Duty Law to Imports From the
PRC
IX. Subsidies Valuation
X. Interest Rate Benchmarks, Discount Rates, Input and Land
Benchmarks
XI. Analysis of Programs
XII. Calculation of All-Others Rate
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion
[FR Doc. 2016-15837 Filed 7-1-16; 8:45 am]
BILLING CODE 3510-DS-P
