New Pneumatic Off-The-Road Tires From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016, 76560-76561 [2016-26587]

Download as PDF 76560 Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices accordance with 15 CFR part 4 subpart B. Michael J. Toland, Department of Commerce, Deputy Chief FOIA Officer, Department Privacy Act Officer. [FR Doc. 2016–26516 Filed 11–2–16; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] New Pneumatic Off-The-Road Tires From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce DATES: Effective November 3, 2016. SUMMARY: On September 20, 2016, the Department of Commerce (‘‘the Department’’) received a timely request for a new shipper review (‘‘NSR’’) of the antidumping duty (‘‘AD’’) order on new pneumatic off-the-road tires (‘‘OTR Tires’’) from the People’s Republic of China (‘‘PRC’’). The Department has determined that the request meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for this NSR is September 1, 2015, through August 31, 2016. FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–7814. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with NOTICES AGENCY: Background The AD order on OTR Tires from the PRC was published in the Federal Register on September 4, 2008.1 On September 20, 2016, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(b), the Department received a NSR request from The Carlstar Group LLC (‘‘Carlstar Group’’), Carlisle (Meizhou) Rubber Manufacturing Co., Ltd. (‘‘Carlisle Meizhou’’), and CTP Distribution (HK) Limited (‘‘CTP’’) (collectively, ‘‘Carlstar Companies’’).2 Carlstar Companies certified that CTP is 1 See New Pneumatic Off-The-Road Tires from the People’s Republic of China: Antidumping Duty Order, 73 FR 51624 (September 4, 2008) (‘‘Order’’). 2 See Letter from Carlstar Companies, ‘‘Entry of Appearance and Request for New Shipper Review: New Pneumatic Off-The-Road Tires from the People’s Republic of China,’’ dated September 20, 2016 (‘‘NSR Request’’). VerDate Sep<11>2014 17:54 Nov 02, 2016 Jkt 241001 the exporter of the subject merchandise upon which the request is based and that its affiliate, Carlisle Meizhou, is the producer of the subject merchandise.3 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Carlstar Companies certified that it did not export subject merchandise to the United States during the period of investigation (‘‘POI’’).4 Further, Carlstar Companies certified that it is the producer of the subject merchandise upon which the request is based.5 In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Carlstar Companies certified that, since the initiation of the investigation, it has never been affiliated with any PRC exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation.6 As required by 19 CFR 351.214(b)(2)(iii)(B), Carlstar Companies also certified that its export activities were not controlled by the government of the PRC.7 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Carlstar Companies submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; 8 and (3) the date of its first sale to an unaffiliated customer in the United States.9 Finally, the Department conducted a U.S. Customs and Border Protection (‘‘CBP’’) database query and confirmed the price, quantity, date of sale, and date of entry of Carlstar Companies’ sales, as well as that the shipment reported by Carlstar had entered the United States for consumption and that liquidation had been properly suspended for antidumping duties.10 However, the Department has concerns with certain information contained in the CBP entry data, and intends to address these, and any remaining issues, after initiation of this NSR. The continuation of the new shipper review will be contingent upon confirmation of the information reported in the review request. Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a NSR initiated in the month immediately following the anniversary month will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR is September 1, 2015, through August 31, 2016.11 Based on the information provided by Carlstar Companies, the subject merchandise upon which Carlstar Companies’ NSR request is based entered the United States during this twelve-month POR.12 Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 19 CFR 351.214(d)(1), and based on the evidence provided by Carlstar Companies, we find that its request meets the threshold requirements for initiation of the NSR for shipments of OTR Tires from the PRC produced by Carlisle Meizhou and exported by CTP.13 If the information supplied by Carlstar Companies is found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review for Carlstar Companies or apply facts available pursuant to section 776 of the Act, depending on the facts on record. Absent a determination that the new shipper review is extraordinarily complicated, the Department intends to issue the preliminary results of this NSR within 180 days from the date of initiation and the final results within 90 days after the date on which the preliminary results are issued.14 It is the Department’s usual practice, in cases involving non-market economies (‘‘NMEs’’), to require that a company seeking to establish eligibility for an antidumping duty rate separate from the NME entity-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities.15 Accordingly, we will issue questionnaires to Carlstar Companies that will include a section requesting information concerning CTP’s eligibility for a separate rate. The NSR will proceed if the responses provide 11 See 3 Id., at 1 and Exhibit 1. 4 Id., at 3. 5 Id. 6 Id. 7 Id. 8 Id., at 4, where the Carlstar Companies stated that it had no subsequent shipments. 9 Id., at Exhibits 2–6. 10 See Memorandum to the File from Alex Rosen, Analyst ‘‘U.S. Customs and Border Protection Import Data,’’ dated October 19, 2016. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 19 CFR 351.214(g)(1)(ii)(B). NSR Request at 3. 13 See Memorandum to the File, from Alex Rosen, Analyst, ‘‘Initiation of Antidumping Duty New Shipper Review: New Pneumatic Off-The-Road Tires from the People’s Republic of China New Shipper Initiation Checklist,’’ dated concurrently with this notice. 14 See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). 15 See Import Administration Policy Bulletin, Number: 05.1. (http://ia.ita.doc.gov/policy/bull051.pdf). 12 See E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices sufficient indication that CTP is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. On February 24, 2016, the President signed into law the Trade Facilitation and Trade Enforcement Act of 2015, H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this NSR in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.16 Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i). Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–26587 Filed 11–2–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration U.S. Department of Commerce Trade Finance Advisory Council International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an Open Meeting. AGENCY: The U.S. Department of Commerce Trade Finance Advisory Council (TFAC) will hold its inaugural meeting on Friday, November 18, 2016, at the U.S. Department of Commerce Library, in Washington, DC. The meeting is open to the public with registration instructions provided below. The TFAC was chartered on August 11, 2016, to advise the Secretary in identifying effective ways to help expand access to finance for U.S. exporters, especially small and mediumsized enterprises, and their foreign buyers. At the meeting, members will be sworn-in and will begin a discussion of the work they will undertake during their term. They will also be briefed by officials from the Department of mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: 16 Notably, the Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct CBP to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of an NSR. VerDate Sep<11>2014 17:54 Nov 02, 2016 Jkt 241001 Commerce and other agencies on major issues impacting this area. The final agenda will be posted on the Department of Commerce Web site for the Council at http://trade.gov/tfac/, at least one week in advance of the meeting. DATES: Friday, November 18, 2016, from approximately 9:00 a.m. to 12:00 p.m. Eastern Standard Time (EST). FOR FURTHER INFORMATION CONTACT: Ericka Ukrow, Designated Federal Officer, Office of Finance and Insurance Industries (OFII), International Trade Administration, U.S. Department of Commerce at (202) 482–0405; email: Ericka.Ukrow@trade.gov. SUPPLEMENTARY INFORMATION: I. Background On July 25, 2016, the Secretary of Commerce established the TFAC pursuant to discretionary authority and in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. App. The TFAC advises the Secretary of Commerce in identifying effective ways to help expand access to finance for U.S. exporters, especially small- and medium-sized enterprises (SMEs) and their foreign buyers. The TFAC also provides a forum to facilitate the discussion between a diverse group of stakeholders such as banks, non-bank financial institutions, other trade finance related organizations, and exporters, to gain a better understanding regarding current challenges facing U.S. exporters in accessing capital. On November 18, 2016, the TFAC will hold its inaugural meeting. Members will be sworn-in, discuss the Council’s operational structure, major challenges impacting the provision of trade finance as well as prospects to foster greater access to private sector financing for U.S. exporters, and key priorities to focus on during their term. Members will also hear from officials from the Department of Commerce and other agencies on the resources available to support our exporters in the trade finance area. The agenda may change to accommodate TFAC requirements. The final agenda will be posted on the Department of Commerce Web site for the Council http://trade.gov/tfac/ at least a week prior to the meeting. II. Public Participation The public is invited to submit written statements for the TFAC’s meeting. Statements must be received by 5:00 p.m. EST, November 11, 2016 by either of the following methods: (a) Electronic Submission: Submit statements electronically to Ericka Ukrow, U.S. Department of Commerce PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 76561 Trade Finance Advisory Council Designated Federal Officer, via email to TFAC@trade.gov ; or (b) Paper Submissions: Send paper statements to Ericka Ukrow, U.S. Department of Commerce Trade Finance Advisory Council Designated Federal Officer, Room 18002, 1401 Constitution Avenue NW., Washington, DC 20230. Statements will be posted on the TFAC Web site without change, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers. All statements received, including attachments and other supporting materials, are part of the public record and are subject to public disclosure. You should submit only information that you wish to make publicly available. III. Meeting Minutes Copies of TFAC meeting minutes will be available within 30 days following the meeting. Dated: October 27, 2016. Paul Thanos Director, Office of Finance and Insurance Industries. [FR Doc. 2016–26572 Filed 11–2–16; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) is simultaneously initiating, and issuing the preliminary results, of a changed circumstances review of the antidumping duty (‘‘AD’’) order on crystalline silicon photovoltaic cells, whether or not assembled into modules, (‘‘solar cells’’) from the People’s Republic of China (‘‘PRC’’) regarding whether Zhejiang ERA Solar Technology Co., Ltd (‘‘Zhejiang ERA’’) is the successor-in-interest to Era Solar Co., Ltd (‘‘Era Solar’’). Based on the information on the record, we preliminarily determine that Zhejiang ERA is the successor-in-interest to Era Solar for purposes of the AD order on solar cells from the PRC and, as such, is entitled to Zhejiang ERA’s cash AGENCY: E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76560-76561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26587]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-912]


New Pneumatic Off-The-Road Tires From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce

DATES: Effective November 3, 2016.

SUMMARY: On September 20, 2016, the Department of Commerce (``the 
Department'') received a timely request for a new shipper review 
(``NSR'') of the antidumping duty (``AD'') order on new pneumatic off-
the-road tires (``OTR Tires'') from the People's Republic of China 
(``PRC''). The Department has determined that the request meets the 
statutory and regulatory requirements for initiation. The period of 
review (``POR'') for this NSR is September 1, 2015, through August 31, 
2016.

FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: 202-482-7814.

SUPPLEMENTARY INFORMATION: 

Background

    The AD order on OTR Tires from the PRC was published in the Federal 
Register on September 4, 2008.\1\ On September 20, 2016, pursuant to 
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the 
Act''), and 19 CFR 351.214(b), the Department received a NSR request 
from The Carlstar Group LLC (``Carlstar Group''), Carlisle (Meizhou) 
Rubber Manufacturing Co., Ltd. (``Carlisle Meizhou''), and CTP 
Distribution (HK) Limited (``CTP'') (collectively, ``Carlstar 
Companies'').\2\ Carlstar Companies certified that CTP is the exporter 
of the subject merchandise upon which the request is based and that its 
affiliate, Carlisle Meizhou, is the producer of the subject 
merchandise.\3\
---------------------------------------------------------------------------

    \1\ See New Pneumatic Off-The-Road Tires from the People's 
Republic of China: Antidumping Duty Order, 73 FR 51624 (September 4, 
2008) (``Order'').
    \2\ See Letter from Carlstar Companies, ``Entry of Appearance 
and Request for New Shipper Review: New Pneumatic Off-The-Road Tires 
from the People's Republic of China,'' dated September 20, 2016 
(``NSR Request'').
    \3\ Id., at 1 and Exhibit 1.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Carlstar Companies certified that it did not export 
subject merchandise to the United States during the period of 
investigation (``POI'').\4\ Further, Carlstar Companies certified that 
it is the producer of the subject merchandise upon which the request is 
based.\5\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), Carlstar Companies certified 
that, since the initiation of the investigation, it has never been 
affiliated with any PRC exporter or producer who exported subject 
merchandise to the United States during the POI, including those 
respondents not individually examined during the investigation.\6\ As 
required by 19 CFR 351.214(b)(2)(iii)(B), Carlstar Companies also 
certified that its export activities were not controlled by the 
government of the PRC.\7\
---------------------------------------------------------------------------

    \4\ Id., at 3.
    \5\ Id.
    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Carlstar Companies submitted documentation 
establishing the following: (1) The date on which it first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment; \8\ and (3) the date of its first sale to an 
unaffiliated customer in the United States.\9\
---------------------------------------------------------------------------

    \8\ Id., at 4, where the Carlstar Companies stated that it had 
no subsequent shipments.
    \9\ Id., at Exhibits 2-6.
---------------------------------------------------------------------------

    Finally, the Department conducted a U.S. Customs and Border 
Protection (``CBP'') database query and confirmed the price, quantity, 
date of sale, and date of entry of Carlstar Companies' sales, as well 
as that the shipment reported by Carlstar had entered the United States 
for consumption and that liquidation had been properly suspended for 
antidumping duties.\10\ However, the Department has concerns with 
certain information contained in the CBP entry data, and intends to 
address these, and any remaining issues, after initiation of this NSR. 
The continuation of the new shipper review will be contingent upon 
confirmation of the information reported in the review request.
---------------------------------------------------------------------------

    \10\ See Memorandum to the File from Alex Rosen, Analyst ``U.S. 
Customs and Border Protection Import Data,'' dated October 19, 2016.
---------------------------------------------------------------------------

Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a NSR 
initiated in the month immediately following the anniversary month will 
be the twelve-month period immediately preceding the anniversary month. 
Therefore, the POR is September 1, 2015, through August 31, 2016.\11\ 
Based on the information provided by Carlstar Companies, the subject 
merchandise upon which Carlstar Companies' NSR request is based entered 
the United States during this twelve-month POR.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.214(g)(1)(ii)(B).
    \12\ See NSR Request at 3.
---------------------------------------------------------------------------

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
19 CFR 351.214(d)(1), and based on the evidence provided by Carlstar 
Companies, we find that its request meets the threshold requirements 
for initiation of the NSR for shipments of OTR Tires from the PRC 
produced by Carlisle Meizhou and exported by CTP.\13\ If the 
information supplied by Carlstar Companies is found to be incorrect or 
insufficient during the course of this proceeding, the Department may 
rescind the review for Carlstar Companies or apply facts available 
pursuant to section 776 of the Act, depending on the facts on record.
---------------------------------------------------------------------------

    \13\ See Memorandum to the File, from Alex Rosen, Analyst, 
``Initiation of Antidumping Duty New Shipper Review: New Pneumatic 
Off-The-Road Tires from the People's Republic of China New Shipper 
Initiation Checklist,'' dated concurrently with this notice.
---------------------------------------------------------------------------

    Absent a determination that the new shipper review is 
extraordinarily complicated, the Department intends to issue the 
preliminary results of this NSR within 180 days from the date of 
initiation and the final results within 90 days after the date on which 
the preliminary results are issued.\14\
---------------------------------------------------------------------------

    \14\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i).
---------------------------------------------------------------------------

    It is the Department's usual practice, in cases involving non-
market economies (``NMEs''), to require that a company seeking to 
establish eligibility for an antidumping duty rate separate from the 
NME entity-wide rate provide evidence of de jure and de facto absence 
of government control over the company's export activities.\15\ 
Accordingly, we will issue questionnaires to Carlstar Companies that 
will include a section requesting information concerning CTP's 
eligibility for a separate rate. The NSR will proceed if the responses 
provide

[[Page 76561]]

sufficient indication that CTP is not subject to either de jure or de 
facto government control with respect to its exports of subject 
merchandise.
---------------------------------------------------------------------------

    \15\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
---------------------------------------------------------------------------

    On February 24, 2016, the President signed into law the Trade 
Facilitation and Trade Enforcement Act of 2015, H.R. 644, which made 
several amendments to section 751(a)(2)(B) of the Act. We will conduct 
this NSR in accordance with section 751(a)(2)(B) of the Act, as amended 
by the Trade Facilitation and Trade Enforcement Act of 2015.\16\
---------------------------------------------------------------------------

    \16\ Notably, the Trade Facilitation and Trade Enforcement Act 
of 2015 removed from section 751(a)(2)(B) of the Act the provision 
directing the Department to instruct CBP to allow an importer the 
option of posting a bond or security in lieu of a cash deposit 
during the pendency of an NSR.
---------------------------------------------------------------------------

    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).

Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-26587 Filed 11-2-16; 8:45 am]
 BILLING CODE 3510-DS-P