Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires From India: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 2946-2949 [2017-00264]

Download as PDF pmangrum on DSK3GDR082PROD with NOTICES 2946 Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices During the years preceding the 2020 Census, the Census Bureau is pursuing its commitment to reducing the cost of conducting the census while maintaining the quality of the results. The 2018 End-to-End Census Test is the last major test before the 2020 Census and will validate that the 2020 Census design is ready for production from a system, operational and architectural perspective. The Address Canvassing operation is the first operation in the 2018 End-to-End Census Test, with field activity beginning in the summer of 2017. The purpose of the Address Canvassing operation is (1) to deliver a complete and accurate address list and spatial database for enumeration and tabulation, and (2) to determine the type and address characteristics for each living quarter. The Address Canvassing operation consists of two major components: In-Office Address Canvassing and In-Field Address Canvassing. Only the latter component involves collection of information from residents at their living quarters. The following objectives are crucial to a successful Address Canvassing operation: • Test the listing and mapping capabilities required by In-Field Address Canvassing • Validate the creation of In-Field Address Canvassing workload by InOffice Address Canvassing. • Conduct a listing quality control operation during In-Field Address Canvassing. The results of this test will inform the Census Bureau’s final preparations for the Address Canvassing Operation in advance of the 2020 Census. Affected Public: Individuals or Households. Frequency: One time. Respondent’s Obligation: Mandatory. Legal Authority: Title 13, United States Code, Sections 141 and 193. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer. [FR Doc. 2017–00196 Filed 1–9–17; 8:45 am] BILLING CODE 3510–07–P VerDate Sep<11>2014 14:59 Jan 09, 2017 Jkt 241001 DEPARTMENT OF COMMERCE [S–134–2016] Approval of Subzone Status, Jos. A. Bank Manufacturing Company, Hampstead and Eldersburg, Maryland On October 13, 2016, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Maryland Aviation Administration, on behalf of the Maryland Department of Transportation, grantee of FTZ 73, requesting subzone status subject to the existing activation limit of FTZ 73, on behalf of Jos. A. Bank Manufacturing Company in Hampstead and Eldersburg, Maryland. The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (81 FR 72037–72038, October 19, 2016). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 73D is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.13, and further subject to FTZ 73’s 67-acre activation limit. Dated: January 4, 2017. Andrew McGilvray, Executive Secretary. [FR Doc. 2017–00303 Filed 1–9–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–870] Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires From India: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain new pneumatic off-the-road tires (off road tires) from India. For information on the estimated subsidy rates, see the ‘‘Final Determination’’ section of this notice. The period of investigation is January 1, 2015, through December 31, 2015. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Effective January 10, 2017. FOR FURTHER INFORMATION CONTACT: Foreign-Trade Zones Board AGENCY: DATES: Spencer Toubia or Gene Calvert, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–0123 or (202) 482–3586, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Determination on June 20, 2016.1 A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Scope Comments In accordance with the Preliminary Determination, the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues.3 In the Preliminary Determination, we did not modify the scope language as it appeared in the Initiation Notice.4 No interested party submitted scope comments in case or rebuttal briefs. Therefore, the scope of this 1 Certain New Pneumatic Off-the-Road Tires from India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination with Final Antidumping Determination 81 FR 39903 (June 20, 2016) (Preliminary Determination). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires from India,’’ (Issues and Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. 3 See Preliminary Determination at 81 FR 39903, and accompanying Preliminary Decision Memorandum at ‘‘Scope Comments.’’ 4 Id. E:\FR\FM\10JAN1.SGM 10JAN1 Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices investigation remains unchanged for this final determination.5 Final Affirmative Determination of Critical Circumstances, in Part Scope of the Investigation The products covered by this investigation are certain new pneumatic off-the-road tires from India. For a complete description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. In the Preliminary Determination, the Department found that critical circumstances exist with respect to off road tires from India for All Other exporters or producers not individually examined, but did not exist for ATC Tires Private Limited (ATC) and Balkrishna Industries Limited (BKT).8 Upon further analysis of the data and comments submitted by interested parties following the Preliminary Determination, we are modifying our findings for the Final Determination.9 Specifically, in accordance with section 705(a)(2) of the Act, we find that critical circumstances exist with respect to imports from ATC, and All Other producers or exporters, but do not exist for BKT. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II. Use of Adverse Facts Available The Department, in making these findings, relied, in part, on facts available and, because one or more respondent companies failed to cooperate to the best of their ability in responding to the Department’s requests for information, we made adverse inferences.6 Further, because the Government of India did not cooperate to the best of its ability in this investigation, we also determine that adverse inferences are warranted, pursuant to section 776(b) of the Act. A full discussion of our decision to rely on adverse facts available is presented in the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section of the Issues and Decision Memorandum. pmangrum on DSK3GDR082PROD with NOTICES Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections presented at verification, we made certain changes to the respondents’ subsidy rate calculations set forth in the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Analysis Memoranda.7 5 The Department has added two additional subheadings from the Harmonized Tariff Schedule of the United States to the list included for convenience and customs purposes since the Preliminary Determination. No revisions were made to the written description of the subject merchandise. 6 See sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). 7 See Issues and Decision Memorandum; see also Memoranda, ‘‘Final Determination Analysis for ATC Tires Private Limited.,’’ and ‘‘Final Determination Analysis for Balkrishna Industries Limited,’’ both dated concurrently with this determination and hereby adopted by this notice. VerDate Sep<11>2014 14:59 Jan 09, 2017 Jkt 241001 Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we determined a countervailable subsidy rate for each individually investigated exporter/producer of the subject merchandise (i.e., ATC and BKT). Section 705(c)(5)(A)(i) of the Act states that for companies not individually investigated, we will determine an ‘‘allothers’’ rate equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any de minimis countervailable subsidy rates and rates determined entirely by adverse facts available, under section 776 of the Act. Accordingly, in this final determination, we have calculated the ‘‘all-others’’ rate by weight-averaging the calculated subsidy rates of the two individually investigated respondents, using the respondents’ publicly-ranged sales data for exports of subject merchandise to the United States.10 We determine the estimated net countervailable subsidy rates are as follows. 2947 Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of public announcement of our final determination, in accordance with 19 CFR 351.224(b). Continuation of Suspension Liquidation As a result of our Preliminary Determination, and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of merchandise under consideration from India that were entered or withdrawn from warehouse, for consumption, on or after June 20, 2016, which is the publication date in the Federal Register of the Preliminary Determination. In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after October 17, 2016, but to continue the suspension of liquidation of all entries of subject merchandise from March 22, 2016, through October 16, 2016. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and will reinstate the suspension of liquidation under section 706(a) of the Act and will require a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary Subsidy rate information related to this investigation. Company (percent ad valorem) We will allow the ITC access to all privileged and business proprietary ATC Tires Private Limited .... 4.90 information in our files, provided the Balkrishna Industries Limited 5.36 ITC confirms that it will not disclose All-Others .............................. 5.06 such information, either publicly or under an administrative protective order (APO), without the written consent of 8 See Preliminary Determination, 81 FR at 39903. 9 For a full description of the methodology and the Assistant Secretary for Enforcement results of our analysis, see the Issues and Decision and Compliance. Memorandum. 10 See Memorandum, ‘‘Countervailing Duty Investigation of Certain New Pneumatic Off-theRoad Tires from India: Final Determination Margin Calculation for All-Others,’’ dated concurrently with this memorandum. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Notification Regarding Administrative Protective Orders In the event the ITC issues a final negative injury determination, this E:\FR\FM\10JAN1.SGM 10JAN1 2948 Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices notice serves as the only reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: January 3, 2017. Paul Piquado, Assistant Secretary for Enforcement and Compliance. pmangrum on DSK3GDR082PROD with NOTICES Appendix I Scope of the Investigation The scope of this investigation is certain new pneumatic off-the-road tires (certain off road tires). Certain off road tires are tires with an off road tire size designation. The tires included in the scope may be either tubetype 11 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. 11 While tube-type tires are subject to the scope of this proceeding, tubes and flaps are not subject merchandise and therefore are not covered by the scope of this proceeding, regardless of the manner in which they are sold (e.g., sold with or separately from subject merchandise). VerDate Sep<11>2014 14:59 Jan 09, 2017 Jkt 241001 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 certain off road 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. Certain off road 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 certain off road tires produced in the subject countries whether mounted on wheels or rims in a subject country or in a third country. Certain off road tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires that enter attached to a vehicle are not covered by the scope. Specifically excluded from the scope are passenger vehicle and light truck tires, racing tires, mobile home tires, motorcycle tires, allterrain 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; PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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; 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, 4011.69.0050, 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: 4011.99.4550, 4011.99.8550, 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, 8716.90.5055, 8716.90.5056 and 8716.90.5059. 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Subsidies Valuation Information VI. Benchmarks and Interest Rates VII. Use of Facts Otherwise Available and Adverse Inferences E:\FR\FM\10JAN1.SGM 10JAN1 pmangrum on DSK3GDR082PROD with NOTICES Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices VIII. Analysis of Programs IX. Analysis of Comments Comment 1: Whether Tax and Import Duty Exemptions Under the Special Economic Zone (SEZ) and Export-Oriented Unit (EOU) Programs are Countervailable Comment 2: Whether the Department Must Eliminate Certain Duties Regarding ATC’s Tamil Nadu SEZ Location in the Final Determination Comment 3: Whether the Advance Authorization Scheme (AAP) Is a Countervailable Program Comment 4: Whether the Department Should Apply Adverse Facts Available (AFA) to Determine if the Government of Gujarat’s (GOG) Provision of Land to BKT from the ‘‘Land Bank’’ was Specific Comment 5: Whether the Department May Use Land Purchased by BKT from Private Parties as Benchmarks and Whether They Show the GOG, through the ‘‘Land Bank’’ Did Not Provide Land to BKT at LTAR Comment 6: Whether ATC Benefited from the Provision of Land for LTAR for its SEZ/EOU Locations and Whether the Provision of Land to ATC is Contingent upon Export Performance Comment 7: Whether the Department Should Revise the Benchmark for the Provision of Land Provided to ATC for its SEZ/EOU Locations Comment 8: Whether the Department Should Revise the Discount Rate Used to Allocate ATC’s Land-Use Rights Benefits for its SEZ/EOU Locations Comment 9: Whether the Income Tax Deductions for Research and Development Expenditures Is a Specific Subsidy Comment 10: Whether the Department Should Use a Six-Month Comparison Period for Its Final Critical Circumstances Determination Comment 11: Whether the Department Should Correct Calculation Errors regarding ATC’s Preliminary Determination Calculations Comment 12: Whether the Department Should Apply AFA because of Information Obtained at Verification Comment 13: Whether the Department Should Subtract BKT’s Sales of its Paper Division from its Total Sales and Total Export Sales Denominators Comment 14: Whether the Department Should Subtract Sales from BKT’s Wind Divisions from its Total Sales and Total Export Sales Denominators Comment 15: Whether the Department Should Use Total Sales Instead of Export Sales as the Denominator when Calculating the Rate for the Export Promotion of Capital Goods Scheme (EPCGS). X. Recommendation [FR Doc. 2017–00264 Filed 1–9–17; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 14:59 Jan 09, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [C–542–801] Certain New Pneumatic Off-the-Road Tires From Sri Lanka: Final Affirmative Countervailing Duty Determination, and Final Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain new pneumatic off-the-road tires (off road tires) from Sri Lanka. The period of investigation (POI) is January 1, 2015, through December 31, 2015. For information on the estimated subsidy rates, see the ‘‘Final Determination’’ section of this notice. DATES: Effective January 10, 2017. FOR FURTHER INFORMATION CONTACT: E. Whitley Herndon, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6274. SUPPLEMENTARY INFORMATION: AGENCY: Background The petitioners in this investigation are Titan Tire Corporation and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC. In addition to the Government of Sri Lanka, the mandatory respondent in this investigation is Camso Loadstar (Private) Ltd. (Camso Loadstar). The events that occurred since the Department published the Preliminary Determination 1 on June 20, 2016, are discussed in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 The Issues and Decision 1 See Certain New Pneumatic Off-the-Road Tires from Sri Lanka: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination with Final Antidumping Determination, 81 FR 39900 (June 20, 2016) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain New Pneumatic Off-The-Road Tires from Sri Lanka,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 2949 Memorandum also details the changes we made since the Preliminary Determination to the subsidy rates calculated for the mandatory respondent and all other producers/exporters. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Scope of the Investigation The scope of the investigation covers off road tires, which are tires with an off road tire size designation. For a complete description of the scope of the investigation, see Appendix I. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix II. Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections presented at verification, we made certain changes to Camso Loadstar’s subsidy rate calculations since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Analysis Memorandum.3 Final Affirmative Determination of Critical Circumstances On May 24, 2016, the petitioners filed a timely critical circumstances allegation, pursuant to section 703(e)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.206(c)(1), 3 See Memorandum ‘‘Final Determination Calculation Memorandum for Camso Loadstar (Private) Ltd. and Loadstar (Private) Ltd. (collectively Camso Loadstar),’’ dated concurrently with this notice (Final Analysis Memorandum). E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 2946-2949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00264]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-870]


Countervailing Duty Investigation of Certain New Pneumatic Off-
the-Road Tires From India: Final Affirmative Determination, and Final 
Affirmative Critical Circumstances Determination, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain new pneumatic off-the-road tires (off road tires) from 
India. For information on the estimated subsidy rates, see the ``Final 
Determination'' section of this notice. The period of investigation is 
January 1, 2015, through December 31, 2015.

DATES: Effective January 10, 2017.

FOR FURTHER INFORMATION CONTACT: Spencer Toubia or Gene Calvert, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-0123 or (202) 482-3586, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Determination on June 20, 
2016.\1\ A summary of the events that occurred since the Department 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by parties for this final determination, may be 
found in the Issues and Decision Memorandum.\2\ The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
---------------------------------------------------------------------------

    \1\ Certain New Pneumatic Off-the-Road Tires from India: 
Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Affirmative Critical Circumstances Determination, in 
Part, and Alignment of Final Determination with Final Antidumping 
Determination 81 FR 39903 (June 20, 2016) (Preliminary 
Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Certain New Pneumatic Off-the-Road Tires from India,'' (Issues and 
Decision Memorandum), dated concurrently with this determination and 
hereby adopted by this notice.
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Scope Comments

    In accordance with the Preliminary Determination, the Department 
set aside a period of time for parties to address scope issues in case 
briefs or other written comments on scope issues.\3\ In the Preliminary 
Determination, we did not modify the scope language as it appeared in 
the Initiation Notice.\4\ No interested party submitted scope comments 
in case or rebuttal briefs. Therefore, the scope of this

[[Page 2947]]

investigation remains unchanged for this final determination.\5\
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    \3\ See Preliminary Determination at 81 FR 39903, and 
accompanying Preliminary Decision Memorandum at ``Scope Comments.''
    \4\ Id.
    \5\ The Department has added two additional subheadings from the 
Harmonized Tariff Schedule of the United States to the list included 
for convenience and customs purposes since the Preliminary 
Determination. No revisions were made to the written description of 
the subject merchandise.
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Scope of the Investigation

    The products covered by this investigation are certain new 
pneumatic off-the-road tires from India. For a complete description of 
the scope of this investigation, see the ``Scope of the 
Investigation,'' in Appendix I of this notice.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix II.

Use of Adverse Facts Available

    The Department, in making these findings, relied, in part, on facts 
available and, because one or more respondent companies failed to 
cooperate to the best of their ability in responding to the 
Department's requests for information, we made adverse inferences.\6\ 
Further, because the Government of India did not cooperate to the best 
of its ability in this investigation, we also determine that adverse 
inferences are warranted, pursuant to section 776(b) of the Act. A full 
discussion of our decision to rely on adverse facts available is 
presented in the ``Use of Facts Otherwise Available and Adverse 
Inferences'' section of the Issues and Decision Memorandum.
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    \6\ See sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act).
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections presented at verification, we made 
certain changes to the respondents' subsidy rate calculations set forth 
in the Preliminary Determination. For a discussion of these changes, 
see the Issues and Decision Memorandum and the Final Analysis 
Memoranda.\7\
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    \7\ See Issues and Decision Memorandum; see also Memoranda, 
``Final Determination Analysis for ATC Tires Private Limited.,'' and 
``Final Determination Analysis for Balkrishna Industries Limited,'' 
both dated concurrently with this determination and hereby adopted 
by this notice.
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Final Affirmative Determination of Critical Circumstances, in Part

    In the Preliminary Determination, the Department found that 
critical circumstances exist with respect to off road tires from India 
for All Other exporters or producers not individually examined, but did 
not exist for ATC Tires Private Limited (ATC) and Balkrishna Industries 
Limited (BKT).\8\ Upon further analysis of the data and comments 
submitted by interested parties following the Preliminary 
Determination, we are modifying our findings for the Final 
Determination.\9\ Specifically, in accordance with section 705(a)(2) of 
the Act, we find that critical circumstances exist with respect to 
imports from ATC, and All Other producers or exporters, but do not 
exist for BKT.
---------------------------------------------------------------------------

    \8\ See Preliminary Determination, 81 FR at 39903.
    \9\ For a full description of the methodology and results of our 
analysis, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
determined a countervailable subsidy rate for each individually 
investigated exporter/producer of the subject merchandise (i.e., ATC 
and BKT). Section 705(c)(5)(A)(i) of the Act states that for companies 
not individually investigated, we will determine an ``all-others'' rate 
equal to the weighted average of the countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any de minimis countervailable subsidy rates and rates 
determined entirely by adverse facts available, under section 776 of 
the Act. Accordingly, in this final determination, we have calculated 
the ``all-others'' rate by weight-averaging the calculated subsidy 
rates of the two individually investigated respondents, using the 
respondents' publicly-ranged sales data for exports of subject 
merchandise to the United States.\10\
---------------------------------------------------------------------------

    \10\ See Memorandum, ``Countervailing Duty Investigation of 
Certain New Pneumatic Off-the-Road Tires from India: Final 
Determination Margin Calculation for All-Others,'' dated 
concurrently with this memorandum.
---------------------------------------------------------------------------

    We determine the estimated net countervailable subsidy rates are as 
follows.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
ATC Tires Private Limited...............................            4.90
Balkrishna Industries Limited...........................            5.36
All-Others..............................................            5.06
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of public announcement of our final determination, in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension Liquidation

    As a result of our Preliminary Determination, and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of entries of merchandise under 
consideration from India that were entered or withdrawn from warehouse, 
for consumption, on or after June 20, 2016, which is the publication 
date in the Federal Register of the Preliminary Determination. In 
accordance with section 703(d) of the Act, we issued instructions to 
CBP to discontinue the suspension of liquidation for CVD purposes for 
subject merchandise entered, or withdrawn from warehouse, on or after 
October 17, 2016, but to continue the suspension of liquidation of all 
entries of subject merchandise from March 22, 2016, through October 16, 
2016.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited as a result of the suspension of liquidation will be refunded 
or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this

[[Page 2948]]

notice serves as the only reminder to parties subject to APO of their 
responsibility concerning the return or destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: January 3, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation is certain new pneumatic off-
the-road tires (certain off road tires). Certain off road tires are 
tires with an off road tire size designation. The tires included in 
the scope may be either tube-type \11\ or tubeless, radial, or non-
radial, regardless of whether for original equipment manufacturers 
or the replacement market.
---------------------------------------------------------------------------

    \11\ While tube-type tires are subject to the scope of this 
proceeding, tubes and flaps are not subject merchandise and 
therefore are not covered by the scope of this proceeding, 
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 
certain off road 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.
    Certain off road 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 certain off road tires produced 
in the subject countries whether mounted on wheels or rims in a 
subject country or in a third country. Certain off road tires are 
covered whether or not they are accompanied by other parts, e.g., a 
wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires 
that enter attached to a vehicle are not covered by the scope.
    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, 4011.69.0050, 
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: 4011.99.4550, 4011.99.8550, 
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, 8716.90.5055, 8716.90.5056 
and 8716.90.5059. 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Use of Facts Otherwise Available and Adverse Inferences

[[Page 2949]]

VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether Tax and Import Duty Exemptions Under the 
Special Economic Zone (SEZ) and Export-Oriented Unit (EOU) Programs 
are Countervailable
    Comment 2: Whether the Department Must Eliminate Certain Duties 
Regarding ATC's Tamil Nadu SEZ Location in the Final Determination
    Comment 3: Whether the Advance Authorization Scheme (AAP) Is a 
Countervailable Program
    Comment 4: Whether the Department Should Apply Adverse Facts 
Available (AFA) to Determine if the Government of Gujarat's (GOG) 
Provision of Land to BKT from the ``Land Bank'' was Specific
    Comment 5: Whether the Department May Use Land Purchased by BKT 
from Private Parties as Benchmarks and Whether They Show the GOG, 
through the ``Land Bank'' Did Not Provide Land to BKT at LTAR
    Comment 6: Whether ATC Benefited from the Provision of Land for 
LTAR for its SEZ/EOU Locations and Whether the Provision of Land to 
ATC is Contingent upon Export Performance
    Comment 7: Whether the Department Should Revise the Benchmark 
for the Provision of Land Provided to ATC for its SEZ/EOU Locations
    Comment 8: Whether the Department Should Revise the Discount 
Rate Used to Allocate ATC's Land-Use Rights Benefits for its SEZ/EOU 
Locations
    Comment 9: Whether the Income Tax Deductions for Research and 
Development Expenditures Is a Specific Subsidy
    Comment 10: Whether the Department Should Use a Six-Month 
Comparison Period for Its Final Critical Circumstances Determination
    Comment 11: Whether the Department Should Correct Calculation 
Errors regarding ATC's Preliminary Determination Calculations
    Comment 12: Whether the Department Should Apply AFA because of 
Information Obtained at Verification
    Comment 13: Whether the Department Should Subtract BKT's Sales 
of its Paper Division from its Total Sales and Total Export Sales 
Denominators
    Comment 14: Whether the Department Should Subtract Sales from 
BKT's Wind Divisions from its Total Sales and Total Export Sales 
Denominators
    Comment 15: Whether the Department Should Use Total Sales 
Instead of Export Sales as the Denominator when Calculating the Rate 
for the Export Promotion of Capital Goods Scheme (EPCGS).
X. Recommendation

[FR Doc. 2017-00264 Filed 1-9-17; 8:45 am]
 BILLING CODE 3510-DS-P