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 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 http://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]


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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 http://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.
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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.
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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