Certain New Pneumatic Off-the-Road Tires From India: Negative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 55431-55434 [2016-19867]
Download as PDF
<![CDATA[
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Notices
FIRST, for a period of eight (8) years
from the date of this Order, Walter
Anders, with last known address 10701
Huntersville Commons Drive, Suite C,
Huntersville, NC 28078, and when
acting for or on his behalf, his
successors, assigns, employees,
representatives, or agents, and Terand,
Inc., with a last known address of 10701
Huntersville Commons Drive, Suite C,
Huntersville, NC 28078, and when
acting for or on its behalf, its successors,
assigns, directors, officers, employees,
representatives, or agents (each a
‘‘Denied Person’’ and collectively the
‘‘Denied Persons’’), may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, or in any other activity
subject to the Regulations, including,
but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
SECOND, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of a Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
a Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby a Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from a Denied Person of any
item subject to the Regulations that has
been exported from the United States;
D. Obtain from a Denied Person in the
United States any item subject to the
Regulations with knowledge or reason
VerDate Sep<11>2014
18:08 Aug 18, 2016
Jkt 238001
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by a Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by a Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
THIRD, after notice and opportunity
for comment as provided in Section
766.23 of the Regulations, any person,
firm, corporation, or business
organization related to a Denied Person
by affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of the
Order.
FOURTH, Respondents shall not take
any action or make or permit to be made
any public statement, directly or
indirectly, denying the allegations in the
Proposed Charging Letter or the Order.
The foregoing does not affect
Respondents’ testimonial obligations in
any proceeding, nor does it affect their
right to take legal or factual positions in
civil litigation or other civil proceedings
in which the U.S. Department of
Commerce is not a party.
FIFTH, the Proposed Charging Letter,
the Settlement Agreement, and this
Order shall be made available to the
public.
SIXTH, this Order shall be served on
Respondents, and shall be published in
the Federal Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.3
Issued this 12th day of August, 2016.
Richard R. Majauskas,
Deputy Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 2016–19819 Filed 8–18–16; 8:45 am]
BILLING CODE P
3 Review and consideration of this matter has
been delegated to the Deputy Assistant Secretary of
Commerce for Export Enforcement.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
55431
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–869]
Certain New Pneumatic Off-the-Road
Tires From India: Negative Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that certain new pneumatic
off-the-road tires (‘‘OTR tires’’) from
India are not being, or are not likely to
be, sold in the United States at less than
fair value (‘‘LTFV’’). The period of
investigation (‘‘POI’’) is January 1, 2015,
through December 31, 2015. The
estimated weighted-average dumping
margins of sales at LTFV are shown in
the ‘‘Preliminary Determination’’
section of this notice. Interested parties
are invited to comment on this
preliminary determination.
DATES: Effective August 19, 2016.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Trisha Tran, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6412, or (202)
482–4852, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the notice
of initiation of this investigation on
February 10, 2016.1 For a complete
description of the events that followed
the initiation of this investigation, see
the memorandum that is dated
concurrently with this determination
and hereby adopted by this notice.2 A
list of topics included in the
Preliminary Decision Memorandum is
included as Appendix II to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
1 See 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) (‘‘Initiation Notice’’).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Less-Than-FairValue Investigation of Certain New Pneumatic Offthe-Road Tires from India,’’ dated concurrently
with this notice (‘‘Preliminary Decision
Memorandum’’).
E:\FR\FM\19AUN1.SGM
19AUN1
55432
Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Notices
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and 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 found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
On June 6, 2016, the Department
published a notice of postponement for
the preliminary determination in this
investigation in accordance with section
733(c)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’), and 19 CFR
351.205(f)(1).3 As a result of the 50-day
postponement, the revised deadline for
the preliminary determination in this
investigation is now August 11, 2016.4
Scope of the Investigation
The product covered by this
investigation is OTR tires. For a full
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I.
In accordance with the preamble to
the Department’s regulations,5 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., ‘‘scope’’).6
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
preliminary determination, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Decision Memorandum.
Methodology
mstockstill on DSK3G9T082PROD with NOTICES
The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices or
constructed export prices have been
calculated in accordance with section
772(a) of the Act. Normal value (‘‘NV’’)
is calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
3 See Certain New Pneumatic Off-the-Road Tires
from India: Postponement of Preliminary
Determination of Antidumping Duty Investigation,
81 FR 36263 (June 6, 2016).
4 Id., 81 FR at 36264.
5 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice, 81 FR at 7074.
18:08 Aug 18, 2016
Jkt 238001
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce. All documents must be filed
Preliminary Determination
electronically using ACCESS. An
For this preliminary determination,
electronically-filed request must be
we have calculated a zero dumping
received successfully in its entirety by
margin for each individually
ACCESS by 5:00 p.m. Eastern Time,
investigated producer/exporter of the
within 30 days after the date of
subject merchandise. Consistent with
publication of this notice.8 Requests
section 733(b)(3) of the Act, we are
should contain the party’s name,
disregarding these rates and
address, and telephone number, the
preliminarily determine that the
number of participants, and a list of the
individually reviewed mandatory
issues to be discussed. If a request for
respondents have not made sales of
a hearing is made, the Department
subject merchandise at LTFV.
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
Weightedand Constitution Avenue NW.,
average
Washington, DC 20230, at a time and
Exporter/Manufacturer
dumping
date to be determined. Parties should
margin
confirm by telephone the date, time, and
(percent)
location of the hearing two days before
ATC Tires Private Ltd ...........
0.00 the scheduled date.
Balkrishna Industries Limited
0.00
Consistent with section 733(d)(1)(A)
of the Act, the Department has not
calculated a weighted-average dumping
margin for all other producers or
exporters because it has not made an
affirmative preliminary determination of
sales at LTFV.
Suspension of Liquidation
Scope Comments
VerDate Sep<11>2014
preliminary conclusions, see the
Preliminary Decision Memorandum.
Because the Department has not made
an affirmative preliminary
determination of sales at LTFV, we are
not directing U.S. Customs and Border
Protection to suspend liquidation of any
entries of OTR tires from India.
Disclosure and Public Comment
We will disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of announcement, in accordance with
19 CFR 351.224(b). Interested parties are
invited to comment on this preliminary
determination. 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
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
7 See
PO 00000
19 CFR 351.309.
Frm 00005
Fmt 4703
Sfmt 4703
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act
provides that a final determination may
be postponed until not later than 135
days after the date of the publication of
the preliminary determination if, in the
event of a negative preliminary
determination, a request for such
postponement is made by Petitioners.
On July 28, 2016, Petitioner requested
that the Department postpone the final
determination.9
In accordance with section
735(a)(2)(B) of the Act, because our
preliminary determination is negative,
we are postponing the final
determination. Accordingly, we will
make our final determination by no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we are notifying the ITC of our
negative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination, or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
8 See
19 CFR 351.310(c).
Letter to the Secretary of Commerce from
Petitioners ‘‘Petitioners’ Comment on the Extension
of the Final Determination’’ (July 28, 2016).
9 See
E:\FR\FM\19AUN1.SGM
19AUN1
Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Notices
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: August 11, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix I—Scope of the Investigation
The scope of the investigation is certain
new pneumatic off-the-road tires (OTR tires).
OTR tires are tires with an off road tire size
designation. The tires included in the scope
may be either tube-type 10 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.
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
10 While tube-type tires are subject to the scope
of these proceedings, tubes and flaps are not subject
merchandise and therefore are not covered by the
scope of these proceedings, regardless of the
manner in which they are sold (e.g., sold with or
separately from subject merchandise).
VerDate Sep<11>2014
18:08 Aug 18, 2016
Jkt 238001
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
OTR 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.
OTR 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 OTR tires produced in the subject
countries whether mounted on wheels or
rims in a subject country or in a third
country. OTR tires are covered whether or
not they are accompanied by other parts, e.g.,
a wheel, rim, axle parts, bolts, nuts, etc. OTR
tires that enter attached to a vehicle are not
covered by the scope.
In addition, 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 oneposition ‘‘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;
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
55433
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, 4011.69.0090,
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:
4011.99.4590, 4011.99.8590, 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. Period of Investigation
IV. Postponement of Final Determination
V. Scope of the Investigation
VI. Scope Comments
VII. Discussion of Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
A. Home Market Viability
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Home Market Sale Prices
3. Results of the COP Test
E. Calculation of NV Based on ComparisonMarket Prices
XII. Currency Conversion
XIII. U.S. ITC Notification
XIV. Disclosure and Public Comment
E:\FR\FM\19AUN1.SGM
19AUN1
55434
Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Notices
XV. Verification
XVI. Conclusion
July 6, 2016, the petitioners withdrew
their request for an administrative
review for 193 out of 196
companies.4 See Appendix for a full list
of these companies. No other party
requested a review.
[FR Doc. 2016–19867 Filed 8–18–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Rescission of Antidumping Duty
Administrative Review in Part; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding its
administrative review in part on small
diameter graphite electrodes from the
People’s Republic of China (PRC) for the
period of review (POR) February 1, 2015
through January 31, 2016.
DATES: Effective August 19, 2016.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov or Michael Romani
AD/CVD Operations Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0665
and (202) 482–0198, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 3, 2016, we published a
notice of opportunity to request an
administrative review of the
antidumping duty order on small
diameter graphite electrodes from the
PRC for the POR February 1, 2015
through January 31, 2016.1 On April 7,
2016, in response to a timely request
from the petitioners 2 and in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on small
diameter graphite electrodes from the
PRC with respect to 196 companies.3 On
mstockstill on DSK3G9T082PROD with NOTICES
1 See
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 5712
(February 3, 2016).
2 SGL Carbon LLC and Superior Graphite Co
(collectively, the petitioners). See letter from the
petitioners to the Department, ‘‘7th Administrative
Review of Small Diameter Graphite Electrodes from
the People’s Republic of China—Petitioners’
Withdrawal of Certain Requests for Administrative
Review’’ (July 6, 2016) (Withdrawal Request).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324 (April 7, 2016).
VerDate Sep<11>2014
18:08 Aug 18, 2016
Jkt 238001
Rescission of Administrative Review in
Part
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, ‘‘in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review.’’
Because the petitioners timely withdrew
their review request, and because no
other party requested a review of the
companies for which the petitioners
requested a review, we are rescinding
the administrative review, in part, with
respect to 193 companies for which the
petitioners originally sought a review.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the companies
for which the review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP within 15 days after
publication of this notice.
Notifications to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement may
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
4 See the petitioners’ Withdrawal Request at
Attachment 1. No withdrawal was requested for the
Fangda Group, Fushun Jinly Petrochemical Carbon
Co., Ltd., a.k.a. Fushun Jinli Petrochemical Carbon
Co., Ltd., and Jilin Carbon Import and Export
Company.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
disposition of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: August 15, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
The 193 companies for which the
petitioners have withdrawn their request for
a review are as follows:
1. 5-Continent Imp. & Exp. Co., Ltd.
2. Acclcarbon Co., Ltd.
3. Allied Carbon (China) Co., Limited
4. AMGL
5. Anssen Metallurgy Group Co., Ltd.
6. Apex Maritime (Dalian) Co., Ltd.
7. Asahi Fine Carbon (Dalian) Co., Ltd.
8. Assi Steel Co. Ltd.
9. Beijing International Trade Co., Ltd.
10. Beijing Kang Jie Kong Cargo Agent
Expeditors (Tianjin Branch)
11. Beijing Shougang Huaxia International
Trade Co. Ltd.
12. Beijing Xinchengze Inc.
13. Beijing Xincheng Sci-Tech. Development
Inc.
14. Brilliant Charter Limited
15. Carbon International
16. Chang Cheng Chang Electrode Co., Ltd.
17. Chengde Longhe Carbon Factory
18. Chengdelh Carbonaceous Elements
Factory
19. Chengdu Jia Tang Corp.
20. China Carbon Graphite Group Inc.
21. China Carbon Industry
22. China Industrial Mineral & Metals Group
23. China Shaanxi Richbond Imp. & Exp.
Industrial Corp. Ltd.
24. China Xingyong Carbon Co., Ltd.
25. CIMM Group Co., Ltd.
26. Dalian Carbon & Graphite Corporation
27. Dalian Hongrui Carbon Co., Ltd.
28. Dalian Honest International Trade Co.,
Ltd.
29. Dalian Horton International Trading Co.,
Ltd.
30. Dalian LST Metallurgy Co., Ltd.
31. Dalian Oracle Carbon Co., Ltd.
32. Dalian Shuangji Co., Ltd.
33. Dalian Thrive Metallurgy Imp. & Exp. Co.,
Ltd.
34. Dandong Xinxin Carbon Co. Ltd.
35. Datong Carbon;
36. Datong Carbon Plant
37. Datong Xincheng Carbon Co., Ltd.
38. Datong Xincheng New Material Co.
39. Dechang Shida Carbon Co., Ltd.
40. De Well Container Shipping Corp.
41. Dewell Group
42. Dignity Success Investment Trading Co.,
Ltd.
E:\FR\FM\19AUN1.SGM
19AUN1
]]>Agencies
[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Notices]
[Pages 55431-55434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19867]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-869]
Certain New Pneumatic Off-the-Road Tires From India: Negative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that certain new pneumatic off-the-road tires (``OTR
tires'') from India are not being, or are not likely to be, sold in the
United States at less than fair value (``LTFV''). The period of
investigation (``POI'') is January 1, 2015, through December 31, 2015.
The estimated weighted-average dumping margins of sales at LTFV are
shown in the ``Preliminary Determination'' section of this notice.
Interested parties are invited to comment on this preliminary
determination.
DATES: Effective August 19, 2016.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6412, or (202) 482-4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on February 10, 2016.\1\ For a complete description of
the events that followed the initiation of this investigation, see the
memorandum that is dated concurrently with this determination and
hereby adopted by this notice.\2\ A list of topics included in the
Preliminary Decision Memorandum is included as Appendix II to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and
[[Page 55432]]
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``ACCESS''). ACCESS is available to registered users at
https://access.trade.gov, and 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 found at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See 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) (``Initiation
Notice'').
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Determination in the Less-
Than-Fair-Value Investigation of Certain New Pneumatic Off-the-Road
Tires from India,'' dated concurrently with this notice
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
On June 6, 2016, the Department published a notice of postponement
for the preliminary determination in this investigation in accordance
with section 733(c)(1)(B) of the Tariff Act of 1930, as amended (``the
Act''), and 19 CFR 351.205(f)(1).\3\ As a result of the 50-day
postponement, the revised deadline for the preliminary determination in
this investigation is now August 11, 2016.\4\
---------------------------------------------------------------------------
\3\ See Certain New Pneumatic Off-the-Road Tires from India:
Postponement of Preliminary Determination of Antidumping Duty
Investigation, 81 FR 36263 (June 6, 2016).
\4\ Id., 81 FR at 36264.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is OTR tires. For a full
description of the scope of this investigation, see the ``Scope of the
Investigation,'' in Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\5\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., ``scope'').\6\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this preliminary determination, and accompanying discussion and
analysis of all comments timely received, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\6\ See Initiation Notice, 81 FR at 7074.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export prices or constructed export prices have
been calculated in accordance with section 772(a) of the Act. Normal
value (``NV'') is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.
Preliminary Determination
For this preliminary determination, we have calculated a zero
dumping margin for each individually investigated producer/exporter of
the subject merchandise. Consistent with section 733(b)(3) of the Act,
we are disregarding these rates and preliminarily determine that the
individually reviewed mandatory respondents have not made sales of
subject merchandise at LTFV.
------------------------------------------------------------------------
Weighted-
average
Exporter/Manufacturer dumping margin
(percent)
------------------------------------------------------------------------
ATC Tires Private Ltd................................... 0.00
Balkrishna Industries Limited........................... 0.00
------------------------------------------------------------------------
Consistent with section 733(d)(1)(A) of the Act, the Department has
not calculated a weighted-average dumping margin for all other
producers or exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because the Department has not made an affirmative preliminary
determination of sales at LTFV, we are not directing U.S. Customs and
Border Protection to suspend liquidation of any entries of OTR tires
from India.
Disclosure and Public Comment
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of announcement, in
accordance with 19 CFR 351.224(b). Interested parties are invited to
comment on this preliminary determination. 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\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309.
---------------------------------------------------------------------------
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.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice.\8\ 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 time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of a
negative preliminary determination, a request for such postponement is
made by Petitioners. On July 28, 2016, Petitioner requested that the
Department postpone the final determination.\9\
---------------------------------------------------------------------------
\9\ See Letter to the Secretary of Commerce from Petitioners
``Petitioners' Comment on the Extension of the Final Determination''
(July 28, 2016).
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(B) of the Act, because our
preliminary determination is negative, we are postponing the final
determination. Accordingly, we will make our final determination by no
later than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.
International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we are notifying the
ITC of our negative preliminary determination of sales at LTFV. If our
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination, or
45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
[[Page 55433]]
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 11, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of the investigation is certain new pneumatic off-the-
road tires (OTR tires). OTR tires are tires with an off road tire
size designation. The tires included in the scope may be either
tube-type \10\ or tubeless, radial, or non-radial, regardless of
whether for original equipment manufacturers or the replacement
market.
---------------------------------------------------------------------------
\10\ While tube-type tires are subject to the scope of these
proceedings, tubes and flaps are not subject merchandise and
therefore are not covered by the scope of these proceedings,
regardless of the manner in which they are sold (e.g., sold with or
separately from subject merchandise).
---------------------------------------------------------------------------
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.
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
OTR 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.
OTR 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 OTR tires produced in the subject
countries whether mounted on wheels or rims in a subject country or
in a third country. OTR tires are covered whether or not they are
accompanied by other parts, e.g., a wheel, rim, axle parts, bolts,
nuts, etc. OTR tires that enter attached to a vehicle are not
covered by the scope.
In addition, 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, 4011.69.0090,
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: 4011.99.4590, 4011.99.8590,
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. Period of Investigation
IV. Postponement of Final Determination
V. Scope of the Investigation
VI. Scope Comments
VII. Discussion of Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
A. Home Market Viability
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Home Market Sale Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison-Market Prices
XII. Currency Conversion
XIII. U.S. ITC Notification
XIV. Disclosure and Public Comment
[[Page 55434]]
XV. Verification
XVI. Conclusion
[FR Doc. 2016-19867 Filed 8-18-16; 8:45 am]
BILLING CODE 3510-DS-P
