Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China, 44588-44591 [2016-16252]
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Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices
Hardware an AFA rate of 157.68
percent.5
Upon consideration of the First
Redetermination, on November 29,
2011, the Court determined that the
Department failed to consider record
information relating to Since
Hardware’s application for a separate
rate.6 In Since Hardware II, the Court
directed the Department to determine
whether Since Hardware was entitled to
a separate rate and, if so, to determine
that rate.7 On May 29, 2012, the
Department issued its Second
Redetermination, in which it
determined that Since Hardware was
entitled to a separate rate.8 However,
because Since Hardware’s questionnaire
responses had otherwise been
determined to be unreliable, the
Department continued to assign an AFA
rate of 157.68 percent to Since
Hardware.9 In the Second
Redetermination, the Department also
reviewed data from U.S. Customs and
Border Protection (CBP), and
determined that these CBP data
established that selected importers paid
antidumping duties of 157.68 percent.10
Based on this finding, the Department
concluded the 157.68 percent rate was
relevant with regard to Since Hardware.
On May 31, 2013, in Since Hardware
III, the Court sustained the Department’s
determination not to reopen the record
of the proceeding.11 The Court also
determined that the 157.68 percent rate
was reliable.12 However, the Court
found the Department did not
demonstrate the relevance and
commercial reality of the 157.68 percent
AFA rate. On October 31, 2013, the
Department issued its Third
Redetermination, determining that the
157.68 percent rate assigned to Since
Hardware was corroborated to the extent
practicable by the use of CBP data.13
asabaliauskas on DSK3SPTVN1PROD with NOTICES
5 See
Final Results of Redetermination Pursuant
to Court Remand Floor Standing Metal-Top Ironing
Tables and Certain Parts Thereof from the People’s
Republic of China Since Hardware (Guangzhou)
Co., Ltd.. United States, dated February 17, 2011
(First Redetermination).
6 See Since Hardware (Guangzhou) Co., Ltd. v.
United States, Court No. 09–00123, Slip Op. 11–146
(November 29, 2011) (Since Hardware II).
7 Id.
8 See Final Results of Redetermination Pursuant
to Court Remand Floor Standing Metal-Top Ironing
Tables and Certain Parts Thereof from the People’s
Republic of China Since Hardware (Guangzhou)
Co., Ltd. v. United States, dated May 29, 2012
(Second Redetermination).
9 Id.
10 Id.
11 See Since Hardware (Guangzhou) Co., Ltd. v.
United States, Court No., 09–00123, Slip Op. 13–
71 (May 31, 2013) (Since Hardware III).
12 Id.
13 See Final Results of Redetermination Pursuant
to Court Remand Floor Standing Metal-Top Ironing
Tables and Certain Parts Thereof from the People’s
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On February 18, 2015, in Since
Hardware IV, the Court rejected the
analysis concerning corroboration of the
157.68 percent rate assigned to Since
Hardware, as outlined in the Third
Redetermination.14 The Court ordered
the Department to support the rate
assigned to Since Hardware by
demonstrating that the information had
some grounding in commercial reality.15
The Court further determined that the
Department’s analysis of the Customs
data set forth in the Third
Redetermination was insufficient to
corroborate the 157.68 percent AFA rate
assigned to Since Hardware.16 On June
18, 2015, the Department issued its
Fourth Redetermination. In the Fourth
Redetermination, the Department, under
protest, assigned a revised AFA rate of
72.29 percent to Since Hardware to
better address the Court’s concerns of
relevance and commercial reality.17
This 72.29 percent rate was the rate
assigned to Separate Rate companies in
the less-than-fair value investigation.18
On April 28, 2016, the Court
sustained the Department’s Fourth
Redetermination, and entered final
judgment.19
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the Federal Circuit has held that,
pursuant to section 516A(e) of the Tariff
Act of 1930, as amended (the Act), the
Department must publish a notice of a
court decision not ‘‘in harmony’’ with a
Department determination, and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The
Court’s April 28, 2016 judgment
sustaining the Fourth Redetermination
constitutes a final decision of the Court
that is not in harmony with the
Department’s Final Results. This notice
is published in fulfillment of the
publication requirement of Timken.
Accordingly, the Department will
continue the suspension of liquidation
of the subject merchandise pending the
expiration of the period of appeal or, if
Republic of China Since Hardware (Guangzhou)
Co., Ltd. v. United States, dated October 31, 2013
(Third Redetermination).
14 See Since Hardware (Guangzhou) Co., Ltd. v.
United States, Slip Op. 15–15, Court No. 09–00123
(February 18, 2015) (Since Hardware IV).
15 Id.
16 Id., at 8–20.
17 See Fourth Redetermination.
18 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Floor Standing Metal-Top Ironing
Tables and Certain Parts Thereof From the People’s
Republic of China 69 FR 47868 (August 6, 2004).
19 See Since Hardware (Guangzhou) Co., Ltd. v.
United States, Court No. 09–00123, Slip Op. 16–42
(April 28, 2016).
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appealed, pending a final and
conclusive court decision.
Amended Final Results
Because there is now a final court
decision, the Department is amending
the Final Results with respect to the
dumping margin of Since Hardware.
The revised weighted-average dumping
margin for Since Hardware during the
period August 1, 2006, through July 31,
2007, is as follows:
Exporter
Weighted
average
dumping
margin
(percent)
Since Hardware (Guangzhou)
Co., Ltd ...................................
72.29
For Since Hardware, the cash deposit
rate will remain the rate established in
the 2008–2009 Amended Final Results,
a subsequent review, which is 83.83
percent.20
In the event the Court’s ruling is not
appealed, or if appealed and upheld by
the Federal Circuit, the Department will
instruct CBP to assess antidumping
duties on entries of the subject
merchandise exported by Since
Hardware using the revised assessment
rate calculated by the Department in the
Fourth Redetermination.
This notice is issued and published in
accordance with sections 516(A)(e),
751(a)(1), and 777(i)(1) of the Act.
Dated: June 30, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
& Compliance.
[FR Doc. 2016–16253 Filed 7–7–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain
Passenger Vehicle and Light Truck
Tires From the People’s Republic of
China
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
20 See Floor Standing Metal-Top Ironing Tables
and Certain Parts Thereof From the People’s
Republic of China: Notice of Court Decision Not in
Harmony with Final Results and Notice of
Amended Final Results of Antidumping Duty
Administrative Review; 2008–2009, 80 FR 36507,
(June 25, 2015) (2008–2009 Amended Final
Results).
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Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices
The Department of Commerce
(the Department) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on certain
passenger vehicle and light truck tires
(passenger tires) from the People’s
Republic of China (PRC) with regard to
Sailun Jinyu Group (HONG KONG) Co.,
Limited (Sailun Jinyu HK). We
preliminarily determine that Sailun
Jinyu HK is the successor-in-interest to
Jinyu International Holding Co., Limited
(Jinyu HK) for purposes of determining
AD liability. Interested parties are
invited to comment on these
preliminary results.
SUMMARY:
DATES:
Effective Date: July 8, 2016.
Toni
Page, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1398.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
asabaliauskas on DSK3SPTVN1PROD with NOTICES
On August 10, 2015, the Department
published in the Federal Register an AD
order on passenger tires from the PRC.1
On December 4, 2015, Jinyu HK, an
exporter of passenger tires covered by
this order, changed its name from Jinyu
HK to Sailun Jinyu HK. On February 23,
2016, Sailun Jinyu HK requested that
the Department conduct a changed
circumstances review under section
751(b) of the Tariff Act of 1930 (the
Act), as amended, 19 CFR 351.216, and
19 CFR 351.221(c)(3).2 In this request,
Sailun Jinyu HK asked the Department
to determine that it is the successor-ininterest to Jinyu HK and, accordingly, to
assign it Jinyu HK’s cash deposit rate.3
Sailun Jinyu HK also requested that the
Department expedite the review.4
Initially, the Department denied Sailun
Jinyu HK’s request because it failed to
demonstrate good cause for conducting
a changed circumstances review of a
final determination in an investigation
less than 24 months after the
1 See Certain Passenger Vehicle and Light Truck
Tires From the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (AD and CVD Orders).
2 See letter from the Sailun Group, ‘‘Jinyu
International Holding Co., Limited’s Request for a
Changed Circumstances Review in Certain
Passenger Vehicle and Light Truck Tires From the
People’s Republic of China, Case No. A–570–016,’’
at 1 (February 23, 2016) (Sailun Jinyu HK CCR
Request).
3 Id.
4 Id.
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publication of the final determination.5
Sailun Jinyu HK subsequently filed
arguments as to why good cause exists
for initiating a CCR.6
Scope of the Order
The products covered by the scope of
this order are passenger vehicle and
light truck tires. Passenger vehicle and
light truck tires are new pneumatic tires,
of rubber, with a passenger vehicle or
light truck size designation. Tires
covered by these orders may be tubetype, tubeless, radial, or non-radial, and
they may be intended for sale to original
equipment manufacturers or the
replacement market.
Subject tires have, at the time of
importation, the symbol ‘‘DOT’’ on the
sidewall, certifying that the tire
conforms to applicable motor vehicle
safety standards. Subject tires may also
have the following prefixes or suffix in
their tire size designation, which also
appears on the sidewall of the tire:
Prefix designations:
P—Identifies a tire intended primarily
for service on passenger cars
LT—Identifies a tire intended primarily
for service on light trucks
Suffix letter designations:
LT—Identifies light truck tires for
service on trucks, buses, trailers, and
multipurpose passenger vehicles used
in nominal highway service.
All tires with a ‘‘P’’ or ‘‘LT’’ prefix,
and all tires with an ‘‘LT’’ suffix in their
sidewall markings are covered by this
investigation regardless of their
intended use.
In addition, all tires that lack a ‘‘P’’ or
‘‘LT’’ prefix or suffix in their sidewall
markings, as well as all tires that
include any other prefix or suffix in
their sidewall markings, are included in
the scope, regardless of their intended
use, as long as the tire is of a size that
is among the numerical size
designations listed in the passenger car
section or light truck section of the Tire
and Rim Association Year Book, as
updated annually, unless the tire falls
within one of the specific exclusions set
out below.
Passenger vehicle and light truck
tires, whether or not attached to wheels
or rims, are included in the scope.
5 See letter from the Department, ‘‘Antidumping
Duty Investigation of Passenger Vehicle and Light
Truck Tires from the People’s Republic of China:
Request for Changed Circumstances Review’’ (April
4, 2016).
6 See letter from the Sailun Group, ‘‘Jinyu
International Holding Co., Limited’s Request for a
Changed Circumstances Review in Certain
Passenger Vehicle and Light Truck Tires From the
People’s Republic of China, Case No. A–570–016,’’
at 2–3 (April 18, 2016) (Sailun Jinyu HK CCR Good
Cause Request).
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44589
However, if a subject tire is imported
attached to a wheel or rim, only the tire
is covered by the scope.
Specifically excluded from the scope
are the following types of tires:
(1) Racing car tires; such tires do not
bear the symbol ‘‘DOT’’ on the sidewall
and may be marked with ‘‘ZR’’ in size
designation;
(2) new pneumatic tires, of rubber, of
a size that is not listed in the passenger
car section or light truck section of the
Tire and Rim Association Year Book;
(3) pneumatic tires, of rubber, that are
not new, including recycled and
retreaded tires;
(4) non-pneumatic tires, such as solid
rubber tires;
(5) tires designed and marketed
exclusively as temporary use spare tires
for passenger vehicles which, in
addition, exhibit each of the following
physical characteristics:
(a) the size designation and load
index combination molded on the tire’s
sidewall are listed in Table PCT–1B
(‘‘T’’ Type Spare Tires for Temporary
Use on Passenger Vehicles) of the Tire
and Rim Association Year Book,
(b) the designation ‘‘T’’ is molded into
the tire’s sidewall as part of the size
designation, and,
(c) the tire’s speed rating is molded on
the sidewall, indicating the rated speed
in MPH or a letter rating as listed by
Tire and Rim Association Year Book,
and the rated speed is 81 MPH or a ‘‘M’’
rating;
(6) tires designed and marketed
exclusively for specialty tire (ST) use
which, in addition, exhibit each of the
following conditions:
(a) the size designation molded on the
tire’s sidewall is listed in the ST
sections of the Tire and Rim Association
Year Book,
(b) the designation ‘‘ST’’ is molded
into the tire’s sidewall as part of the size
designation,
(c) the tire incorporates a warning,
prominently molded on the sidewall,
that the tire is ‘‘For Trailer Service
Only’’ or ‘‘For Trailer Use Only’’,
(d) the load index molded on the tire’s
sidewall meets or exceeds those load
indexes listed in the Tire and Rim
Association Year Book for the relevant
ST tire size, and
(e) either
(i) the tire’s speed rating is molded on
the sidewall, indicating the rated speed
in MPH or a letter rating as listed by
Tire and Rim Association Year Book,
and the rated speed does not exceed 81
MPH or an ‘‘M’’ rating; or
(ii) the tire’s speed rating molded on
the sidewall is 87 MPH or an ‘‘N’’ rating,
and in either case the tire’s maximum
pressure and maximum load limit are
molded on the sidewall and either
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Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices
(1) both exceed the maximum
pressure and maximum load limit for
any tire of the same size designation in
either the passenger car or light truck
section of the Tire and Rim Association
Year Book; or
(2) if the maximum cold inflation
pressure molded on the tire is less than
any cold inflation pressure listed for
that size designation in either the
passenger car or light truck section of
the Tire and Rim Association Year
Book, the maximum load limit molded
on the tire is higher than the maximum
load limit listed at that cold inflation
pressure for that size designation in
either the passenger car or light truck
section of the Tire and Rim Association
Year Book;
(7) tires designed and marketed
exclusively for off-road use and which,
in addition, exhibit each of the
following physical characteristics:
(a) the size designation and load
index combination molded on the tire’s
sidewall are listed in the off-the-road,
agricultural, industrial or ATV section
of the Tire and Rim Association Year
Book,
(b) in addition to any size designation
markings, the tire incorporates a
warning, prominently molded on the
sidewall, that the tire is ‘‘Not For
Highway Service’’ or ‘‘Not for Highway
Use’’,
(c) the tire’s speed rating is molded on
the sidewall, indicating the rated speed
in MPH or a letter rating as listed by the
Tire and Rim Association Year Book,
and the rated speed does not exceed 55
MPH or a ‘‘G’’ rating, and
(d) the tire features a recognizable offroad tread design.
The products covered by the orders
are currently classified under the
following Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 4011.10.10.10,
4011.10.10.20, 4011.10.10.30,
4011.10.10.40, 4011.10.10.50,
4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and
4011.20.50.10. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.45.10, 4011.99.45.50,
4011.99.85.10, 4011.99.85.50,
8708.70.45.45, 8708.70.45.60,
8708.70.60.30, 8708.70.60.45, and
8708.70.60.60. While HTSUS
subheadings are provided for
convenience and for customs purposes,
the written description of the subject
merchandise is dispositive.
Initiation and Preliminary Results of
Changed Circumstances Review
Pursuant to section 751(b)(1)(A) of the
Act and 19 CFR 351.216(d), the
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Department will conduct a CCR upon
receipt of a request from an interested
party for a review of an AD order which
shows changed circumstances sufficient
to warrant a review of the order. The
information submitted by Sailun Jinyu
HK supporting its claim that it is the
successor-in-interest to Jinyu HK
demonstrates changed circumstances
sufficient to warrant such a review.7
In accordance with the abovereferenced regulation, the Department is
initiating a CCR to determine whether
Sailun Jinyu HK is the successor-ininterest to Jinyu HK. When it concludes
that expedited action is warranted, the
Department may publish the notice of
initiation and preliminary results for a
CCR concurrently.8 We determined that
expediting this CCR is warranted
because we have the information
necessary to make a preliminary finding
already on the record, in accordance
with our practice.9
In determining whether one company
is the successor-in-interest to another,
the Department examines a number of
factors including, but not limited to,
changes in management, production
facilities, supplier relationships, and
customer base.10 While no single factor
or combination of these factors will
necessarily provide a dispositive
indication of a successor-in-interest
relationship, the Department will
generally consider the new company to
be the successor to the previous
company if the new company’s resulting
operation is not materially dissimilar to
that of its predecessor.11 Thus, if the
evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
19 CFR 351.216(d).
19 CFR 351.221(c)(3)(ii); see also Certain
Pasta From Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta From Italy Preliminary Results) (unchanged
in Certain Pasta From Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta From Italy Final Results)).
9 See, e.g., Pasta From Italy Preliminary Results,
80 FR at 33480–41 (unchanged in Pasta From Italy
Final Results, 80 FR at 48807).
10 See, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp From Thailand, 75 FR 61702, 61703
(October 6, 2010) (Shrimp From Thailand
Preliminary Results) (unchanged in Notice of Final
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp From Thailand, 75 FR 74684 (December 1,
2010) (Shrimp From Thailand Final Results)); and
Industrial Phosphoric Acid From Israel: Final
Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944, 6946 (February
14, 1994).
11 See, e.g., Shrimp From Thailand Preliminary
Results, 75 FR at 61703 (unchanged in Shrimp From
Thailand Final Results, 75 FR at 74684).
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7 See
8 See
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the prior company, the Department will
assign the new company the cash
deposit rate of its predecessor.12
In its February 23, 2016, and April 18,
2016 submissions, Sailun Jinyu HK
provided information to demonstrate
that it is the successor-in-interest to
Jinyu HK. Sailun Jinyu HK states that
there were no changes to the company’s
ownership, employees, managers,
customers, or suppliers. To support its
claims, Sailun Jinyu HK submitted the
following documents: (1) A copy of
Jinyu HK Internal Work Approval Sheet,
dated October 29, 2015 explaining the
reason for the name change from Jinyu
HK to Sailun Jinyu HK; (2) a copy of a
Department memorandum regarding
Sailun Group Co., Ltd.’s Affiliation
Single Entity Status, dated January 14,
2015; (3) a Notice of Change of
Company Name, dated December 4,
2015 filed with the Hong Kong
Companies Registry; (4) a Certificate of
Change of Name, dated December 21,
2015, issued by the Hong Kong
Companies Registry; (5) business
registrations for both Jinyu HK (dated
October 24, 2015) and Sailun Jinyu HK
(dated October 24, 2015); (6) a listing of
the company’s customers before and
after its name change; and (7) a letter
sent to all customers explaining the
name change.13 Sailun Jinyu HK also
demonstrated good cause for initiating a
CCR pursuant to 19 CFR 351.216(c)
because it has only changed its name
and no other aspect of the company’s
operations, and conducting this review
ensures that the appropriate deposit rate
applies to Sailun Jinyu HK.14
Based on the evidence on the record,
we preliminarily find that Sailun Jinyu
HK is the successor-in-interest to Jinyu
HK. We find that Sailun Jinyu HK
operates as the same business entity as
Jinyu HK and that its ownership,
management, production facilities,
supplier relationships, and customers
have not changed as a result of its name
change. Thus, we preliminarily find that
Sailun Jinyu HK should receive the
same AD cash deposit rate with respect
to the subject merchandise as Jinyu HK,
its predecessor company.15
12 Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber From Japan, 67 FR
58, 59 (January 2, 2002); and Ball Bearings and
Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688,
34689 (June 18, 2010).
13 See Sailun Jinyu HK CCR Request at Exhibits
1–7.
14 See Sailun Jinyu HK CCR Good Cause Request
at 2–3.
15 Jinyu HK, as part of the Sailun Group, received
a 0.00 percent cash deposit rate in the investigation
of the AD order on passenger tires from the PRC.
See AD and CVD Orders at 47904 (August 10, 2015).
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Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices
Should our final results remain the
same as these preliminary results, we
will instruct U.S. Customs and Border
Protection to suspend entries of subject
merchandise exported by Sailun Jinyu
HK at Jinyu HK’s cash deposit rate,
effective on the publication date of our
final results.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Public Comment
Interested parties may submit case
briefs and/or written comments not later
than 14 days after the publication of this
notice.16 Rebuttal briefs, which must be
limited to issues raised in case briefs,
may be filed not later than five days
after the deadline for filing case briefs.17
Parties who submit case briefs or
rebuttal briefs in this changed
circumstances review are requested to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. Interested parties
who wish to comment on the
preliminary results must file briefs
electronically using Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. An
electronically-filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5 p.m. Eastern
Time on the date the document is due.
Interested parties that wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS, within 14
days of publication of this notice.18
Parties will be notified of the time and
date of any hearing, if requested.19
Consistent with 19 CFR 351.216(e),
we intend to issue the final results of
this changed circumstance review no
later than 270 days after the date on
which this review was initiated, or
within 45 days of publication of these
preliminary results if all parties agree to
our preliminary finding.
We are issuing and publishing this
finding and notice in accordance with
sections 751(b)(1) and 777(i)(1) of the
Act, and 19 CFR 351.216 and
351.221(c)(3)(ii).
16 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d).
18 See 19 CFR 351.310(c); see also 19 CFR 351.303
for general filing requirements.
19 See 19 CFR 351.310.
17 See
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17:00 Jul 07, 2016
Jkt 238001
Dated: June 30, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–16252 Filed 7–7–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE705
International Whaling Commission;
66th Meeting; Nominations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for nominations.
AGENCY:
This notice is a call for
nominees for the U.S. Delegation to the
October 2016 International Whaling
Commission (IWC) meeting. The nonfederal representative(s) selected as a
result of this nomination process is (are)
responsible for providing input and
recommendations to the U.S. IWC
Commissioner representing the
positions of non-governmental
organizations.
DATES: The IWC is holding its 66th
meeting from October 20–28, 2016, at
the Convention Center of the Grand
ˇ
Hotel Bernardin in Portoroz, Slovenia.
All written nominations for the U.S.
Delegation to the IWC meeting must be
received by August 26, 2016.
ADDRESSES: All nominations for the U.S.
Delegation to the IWC meeting should
be addressed to Mr. Ryan Wulff, Deputy
U.S. Commissioner to the IWC, and sent
to Jordan Carduner via email:
jordan.carduner@noaa.gov; or via post:
National Marine Fisheries Service,
Office of International Affairs and
Seafood Inspection Program, 1315 EastWest Highway, SSMC3 Room 10651,
Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT:
Jordan Carduner at jordan.carduner@
noaa.gov or 301–427–8401.
SUPPLEMENTARY INFORMATION: The
Secretary of Commerce is responsible
for discharging the domestic obligations
of the United States under the
International Convention for the
Regulation of Whaling, 1946. The U.S.
IWC Commissioner has responsibility
for the preparation and negotiation of
U.S. positions on international issues
concerning whaling and for all matters
involving the IWC. The U.S. IWC
Commissioner is staffed by the
Department of Commerce and assisted
SUMMARY:
PO 00000
Frm 00012
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44591
by the Department of State, the
Department of the Interior, the Marine
Mammal Commission, and by other
agencies. The non-federal
representative(s) selected as a result of
this nomination process is (are)
responsible for providing input and
recommendations to the U.S. IWC
Commissioner representing the
positions of non-governmental
organizations. Generally, only one nongovernmental position is selected for the
U.S. Delegation.
Dated: July 5, 2016.
John Henderschedt,
Director, Office of International Affairs and
Seafood Inspection Program, National Marine
Fisheries Service.
[FR Doc. 2016–16178 Filed 7–7–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE714
Pacific Fishery Management Council;
Public Meeting (Webinar)
Marine Fisheries Service
(NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting
(webinar).
AGENCY:
The Pacific Fishery
Management Council’s (Pacific
Council’s) Coastal Pelagic Species
Management Team (CPSMT) will meet
via webinar to discuss potential
management options for the northern
anchovy. The meeting is open to the
public.
SUMMARY:
The webinar meeting will take
place from 10 a.m. to 12 p.m. Pacific
Daylight Time, August 3, 2016.
ADDRESSES: The meeting will be held
via webinar. A public listening station
will also be provided at the Pacific
Council office.
Council address: Pacific Council,
7700 NE Ambassador Place, Suite 101,
Portland, OR 97220–1384.
FOR FURTHER INFORMATION CONTACT:
Kerry Griffin, Staff Officer; telephone:
(503) 820–2409.
SUPPLEMENTARY INFORMATION: The
primary purpose of the webinar is to
solicit comments and questions on a
draft white paper being developed by
the Pacific Council’s CPSMT. The
Council will consider the white paper at
its September 15–20 meeting in Boise,
ID. Public comments during the webinar
DATES:
E:\FR\FM\08JYN1.SGM
08JYN1
]]>Agencies
[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44588-44591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16252]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Certain Passenger Vehicle and Light Truck
Tires From the People's Republic of China
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 44589]]
SUMMARY: The Department of Commerce (the Department) is initiating a
changed circumstances review (CCR) of the antidumping duty (AD) order
on certain passenger vehicle and light truck tires (passenger tires)
from the People's Republic of China (PRC) with regard to Sailun Jinyu
Group (HONG KONG) Co., Limited (Sailun Jinyu HK). We preliminarily
determine that Sailun Jinyu HK is the successor-in-interest to Jinyu
International Holding Co., Limited (Jinyu HK) for purposes of
determining AD liability. Interested parties are invited to comment on
these preliminary results.
DATES: Effective Date: July 8, 2016.
FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, the Department published in the Federal
Register an AD order on passenger tires from the PRC.\1\ On December 4,
2015, Jinyu HK, an exporter of passenger tires covered by this order,
changed its name from Jinyu HK to Sailun Jinyu HK. On February 23,
2016, Sailun Jinyu HK requested that the Department conduct a changed
circumstances review under section 751(b) of the Tariff Act of 1930
(the Act), as amended, 19 CFR 351.216, and 19 CFR 351.221(c)(3).\2\ In
this request, Sailun Jinyu HK asked the Department to determine that it
is the successor-in-interest to Jinyu HK and, accordingly, to assign it
Jinyu HK's cash deposit rate.\3\ Sailun Jinyu HK also requested that
the Department expedite the review.\4\ Initially, the Department denied
Sailun Jinyu HK's request because it failed to demonstrate good cause
for conducting a changed circumstances review of a final determination
in an investigation less than 24 months after the publication of the
final determination.\5\ Sailun Jinyu HK subsequently filed arguments as
to why good cause exists for initiating a CCR.\6\
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires From the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (AD and CVD Orders).
\2\ See letter from the Sailun Group, ``Jinyu International
Holding Co., Limited's Request for a Changed Circumstances Review in
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China, Case No. A-570-016,'' at 1 (February 23, 2016)
(Sailun Jinyu HK CCR Request).
\3\ Id.
\4\ Id.
\5\ See letter from the Department, ``Antidumping Duty
Investigation of Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Request for Changed Circumstances
Review'' (April 4, 2016).
\6\ See letter from the Sailun Group, ``Jinyu International
Holding Co., Limited's Request for a Changed Circumstances Review in
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China, Case No. A-570-016,'' at 2-3 (April 18, 2016)
(Sailun Jinyu HK CCR Good Cause Request).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of this order are passenger
vehicle and light truck tires. Passenger vehicle and light truck tires
are new pneumatic tires, of rubber, with a passenger vehicle or light
truck size designation. Tires covered by these orders may be tube-type,
tubeless, radial, or non-radial, and they may be intended for sale to
original equipment manufacturers or the replacement market.
Subject tires have, at the time of importation, the symbol ``DOT''
on the sidewall, certifying that the tire conforms to applicable motor
vehicle safety standards. Subject tires may also have the following
prefixes or suffix in their tire size designation, which also appears
on the sidewall of the tire:
Prefix designations:
P--Identifies a tire intended primarily for service on passenger cars
LT--Identifies a tire intended primarily for service on light trucks
Suffix letter designations:
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal highway
service.
All tires with a ``P'' or ``LT'' prefix, and all tires with an
``LT'' suffix in their sidewall markings are covered by this
investigation regardless of their intended use.
In addition, all tires that lack a ``P'' or ``LT'' prefix or suffix
in their sidewall markings, as well as all tires that include any other
prefix or suffix in their sidewall markings, are included in the scope,
regardless of their intended use, as long as the tire is of a size that
is among the numerical size designations listed in the passenger car
section or light truck section of the Tire and Rim Association Year
Book, as updated annually, unless the tire falls within one of the
specific exclusions set out below.
Passenger vehicle and light truck tires, whether or not attached to
wheels or rims, are included in the scope. However, if a subject tire
is imported attached to a wheel or rim, only the tire is covered by the
scope.
Specifically excluded from the scope are the following types of
tires:
(1) Racing car tires; such tires do not bear the symbol ``DOT'' on
the sidewall and may be marked with ``ZR'' in size designation;
(2) new pneumatic tires, of rubber, of a size that is not listed in
the passenger car section or light truck section of the Tire and Rim
Association Year Book;
(3) pneumatic tires, of rubber, that are not new, including
recycled and retreaded tires;
(4) non-pneumatic tires, such as solid rubber tires;
(5) tires designed and marketed exclusively as temporary use spare
tires for passenger vehicles which, in addition, exhibit each of the
following physical characteristics:
(a) the size designation and load index combination molded on the
tire's sidewall are listed in Table PCT-1B (``T'' Type Spare Tires for
Temporary Use on Passenger Vehicles) of the Tire and Rim Association
Year Book,
(b) the designation ``T'' is molded into the tire's sidewall as
part of the size designation, and,
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed is 81 MPH or a ``M'' rating;
(6) tires designed and marketed exclusively for specialty tire (ST)
use which, in addition, exhibit each of the following conditions:
(a) the size designation molded on the tire's sidewall is listed in
the ST sections of the Tire and Rim Association Year Book,
(b) the designation ``ST'' is molded into the tire's sidewall as
part of the size designation,
(c) the tire incorporates a warning, prominently molded on the
sidewall, that the tire is ``For Trailer Service Only'' or ``For
Trailer Use Only'',
(d) the load index molded on the tire's sidewall meets or exceeds
those load indexes listed in the Tire and Rim Association Year Book for
the relevant ST tire size, and
(e) either
(i) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed does not exceed 81 MPH or an
``M'' rating; or
(ii) the tire's speed rating molded on the sidewall is 87 MPH or an
``N'' rating, and in either case the tire's maximum pressure and
maximum load limit are molded on the sidewall and either
[[Page 44590]]
(1) both exceed the maximum pressure and maximum load limit for any
tire of the same size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is
less than any cold inflation pressure listed for that size designation
in either the passenger car or light truck section of the Tire and Rim
Association Year Book, the maximum load limit molded on the tire is
higher than the maximum load limit listed at that cold inflation
pressure for that size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book;
(7) tires designed and marketed exclusively for off-road use and
which, in addition, exhibit each of the following physical
characteristics:
(a) the size designation and load index combination molded on the
tire's sidewall are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire
incorporates a warning, prominently molded on the sidewall, that the
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed does not exceed 55 MPH or a
``G'' rating, and
(d) the tire features a recognizable off-road tread design.
The products covered by the orders are currently classified under
the following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30,
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the
scope description may also enter under the following HTSUS subheadings:
4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50,
8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and
8708.70.60.60. While HTSUS subheadings are provided for convenience and
for customs purposes, the written description of the subject
merchandise is dispositive.
Initiation and Preliminary Results of Changed Circumstances Review
Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
the Department will conduct a CCR upon receipt of a request from an
interested party for a review of an AD order which shows changed
circumstances sufficient to warrant a review of the order. The
information submitted by Sailun Jinyu HK supporting its claim that it
is the successor-in-interest to Jinyu HK demonstrates changed
circumstances sufficient to warrant such a review.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
In accordance with the above-referenced regulation, the Department
is initiating a CCR to determine whether Sailun Jinyu HK is the
successor-in-interest to Jinyu HK. When it concludes that expedited
action is warranted, the Department may publish the notice of
initiation and preliminary results for a CCR concurrently.\8\ We
determined that expediting this CCR is warranted because we have the
information necessary to make a preliminary finding already on the
record, in accordance with our practice.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta From
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta From Italy Preliminary Results) (unchanged in Certain Pasta
From Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta From Italy Final Results)).
\9\ See, e.g., Pasta From Italy Preliminary Results, 80 FR at
33480-41 (unchanged in Pasta From Italy Final Results, 80 FR at
48807).
---------------------------------------------------------------------------
In determining whether one company is the successor-in-interest to
another, the Department examines a number of factors including, but not
limited to, changes in management, production facilities, supplier
relationships, and customer base.\10\ While no single factor or
combination of these factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, the Department will
generally consider the new company to be the successor to the previous
company if the new company's resulting operation is not materially
dissimilar to that of its predecessor.\11\ Thus, if the evidence
demonstrates that, with respect to the production and sale of the
subject merchandise, the new company operates as the same business
entity as the prior company, the Department will assign the new company
the cash deposit rate of its predecessor.\12\
---------------------------------------------------------------------------
\10\ See, e.g., Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp From Thailand, 75 FR 61702, 61703 (October 6, 2010)
(Shrimp From Thailand Preliminary Results) (unchanged in Notice of
Final Results of Antidumping Duty Changed Circumstances Review:
Certain Frozen Warmwater Shrimp From Thailand, 75 FR 74684 (December
1, 2010) (Shrimp From Thailand Final Results)); and Industrial
Phosphoric Acid From Israel: Final Results of Antidumping Duty
Changed Circumstances Review, 59 FR 6944, 6946 (February 14, 1994).
\11\ See, e.g., Shrimp From Thailand Preliminary Results, 75 FR
at 61703 (unchanged in Shrimp From Thailand Final Results, 75 FR at
74684).
\12\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber From Japan, 67 FR 58, 59 (January 2, 2002);
and Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010).
---------------------------------------------------------------------------
In its February 23, 2016, and April 18, 2016 submissions, Sailun
Jinyu HK provided information to demonstrate that it is the successor-
in-interest to Jinyu HK. Sailun Jinyu HK states that there were no
changes to the company's ownership, employees, managers, customers, or
suppliers. To support its claims, Sailun Jinyu HK submitted the
following documents: (1) A copy of Jinyu HK Internal Work Approval
Sheet, dated October 29, 2015 explaining the reason for the name change
from Jinyu HK to Sailun Jinyu HK; (2) a copy of a Department memorandum
regarding Sailun Group Co., Ltd.'s Affiliation Single Entity Status,
dated January 14, 2015; (3) a Notice of Change of Company Name, dated
December 4, 2015 filed with the Hong Kong Companies Registry; (4) a
Certificate of Change of Name, dated December 21, 2015, issued by the
Hong Kong Companies Registry; (5) business registrations for both Jinyu
HK (dated October 24, 2015) and Sailun Jinyu HK (dated October 24,
2015); (6) a listing of the company's customers before and after its
name change; and (7) a letter sent to all customers explaining the name
change.\13\ Sailun Jinyu HK also demonstrated good cause for initiating
a CCR pursuant to 19 CFR 351.216(c) because it has only changed its
name and no other aspect of the company's operations, and conducting
this review ensures that the appropriate deposit rate applies to Sailun
Jinyu HK.\14\
---------------------------------------------------------------------------
\13\ See Sailun Jinyu HK CCR Request at Exhibits 1-7.
\14\ See Sailun Jinyu HK CCR Good Cause Request at 2-3.
---------------------------------------------------------------------------
Based on the evidence on the record, we preliminarily find that
Sailun Jinyu HK is the successor-in-interest to Jinyu HK. We find that
Sailun Jinyu HK operates as the same business entity as Jinyu HK and
that its ownership, management, production facilities, supplier
relationships, and customers have not changed as a result of its name
change. Thus, we preliminarily find that Sailun Jinyu HK should receive
the same AD cash deposit rate with respect to the subject merchandise
as Jinyu HK, its predecessor company.\15\
---------------------------------------------------------------------------
\15\ Jinyu HK, as part of the Sailun Group, received a 0.00
percent cash deposit rate in the investigation of the AD order on
passenger tires from the PRC. See AD and CVD Orders at 47904 (August
10, 2015).
---------------------------------------------------------------------------
[[Page 44591]]
Should our final results remain the same as these preliminary
results, we will instruct U.S. Customs and Border Protection to suspend
entries of subject merchandise exported by Sailun Jinyu HK at Jinyu
HK's cash deposit rate, effective on the publication date of our final
results.
Public Comment
Interested parties may submit case briefs and/or written comments
not later than 14 days after the publication of this notice.\16\
Rebuttal briefs, which must be limited to issues raised in case briefs,
may be filed not later than five days after the deadline for filing
case briefs.\17\ Parties who submit case briefs or rebuttal briefs in
this changed circumstances review are requested to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. Interested parties who wish
to comment on the preliminary results must file briefs electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. An electronically-filed
document must be received successfully in its entirety by the
Department's electronic records system, ACCESS, by 5 p.m. Eastern Time
on the date the document is due.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.309(c)(ii).
\17\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Interested parties that wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS, within 14 days of
publication of this notice.\18\ Parties will be notified of the time
and date of any hearing, if requested.\19\
---------------------------------------------------------------------------
\18\ See 19 CFR 351.310(c); see also 19 CFR 351.303 for general
filing requirements.
\19\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this changed circumstance review no later than 270 days
after the date on which this review was initiated, or within 45 days of
publication of these preliminary results if all parties agree to our
preliminary finding.
We are issuing and publishing this finding and notice in accordance
with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR 351.216
and 351.221(c)(3)(ii).
Dated: June 30, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16252 Filed 7-7-16; 8:45 am]
BILLING CODE 3510-DS-P
