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]
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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. (https://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 https://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 https://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]
-----------------------------------------------------------------------
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.
(https://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
