Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders, 12556-12558 [2017-04433]
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12556
Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum. The issues discussed in
the Issues and Decision Memorandum
address the likelihood of continuation
or recurrence of a countervailable
subsidy, the net countervailable subsidy
likely to prevail if the order were
revoked, and the nature of the subsidy.
Final Results of Review
of the CVD order on MLWF from the
PRC would be likely to lead to
continuation or recurrence of
countervailable subsidies at the rates
listed below:
Pursuant to section 752(b)(1) and (3)
of the Act, we determine that revocation
Net subsidy rate
% (ad valorem)
Exporter/manufacturer
Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua) Ltd.; Fine Furniture Plantation (Shishou) Ltd .....................................
All-Others .....................................................................................................................................................................................
124 Non-Cooperating Companies 7 .............................................................................................................................................
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a violation which is subject to
sanction.
The Department is issuing and
publishing these final results and notice
in accordance with sections 751(c),
752(b), and 777(i)(1) of the Act and 19
CFR 351.218.
Dated: February 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–04271 Filed 3–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–870, C–542–801]
Certain New Pneumatic Off-the-Road
Tires From India and Sri Lanka:
Amended Final Affirmative
Countervailing Duty Determination for
India and Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing countervailing
duty orders on certain new pneumatic
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
7 See Issues and Decision Memorandum at
Appendix I.
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19:24 Mar 03, 2017
Jkt 241001
off-the-road tires (off road tires) from
India and Sri Lanka. In addition, the
Department is amending its final
determination with respect to India, as
a result of ministerial errors.
DATES: Effective March 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Gene Calvert (India); Whitley Herndon
(Sri Lanka); AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3586 or
(202) 482–6274, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d)
and 777(i) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.210(c), on January 10, 2017, the
Department published its final
determinations in the countervailing
duty investigations of off road tires from
India and Sri Lanka.1 On February 23,
2017, the ITC notified the Department of
its final determination that an industry
in the United States is materially
injured by reason of subsidized imports
of subject merchandise from India and
Sri Lanka within the meaning of section
705(b)(1)(A)(i) of the Act, and its
determination that critical
circumstances do not exist with respect
to imports of subject merchandise from
India and Sri Lanka that are subject to
the Department’s affirmative critical
circumstances finding.2
1 See Countervailing Duty Investigation of Certain
New Pneumatic Off-the-Road Tires from India:
Final Affirmative Determination, and Final
Affirmative Critical Circumstances Determination,
in Part, 82 FR 2946 (January 10, 2017) (India Final
Determination); and Certain New Pneumatic Offthe-Road Tires from Sri Lanka: Final Affirmative
Countervailing Duty Determination, and Final
Determination of Critical Circumstances, 82 FR
2949 (January 10, 2017).
2 See Letter to Ronald Lorentzen, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding off the road tires from the
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1.90
2.27
27.37
Scope of the Orders
The products covered by these orders
are off road tires, which are tires with
an off road tire size designation. For a
complete description of the scope of the
orders, see Appendix I.
Amendment to India Final
Determination
On January 17, 2017, ATC Tires
Private Limited (ATC) alleged that the
Department made ministerial errors in
the India Final Determination.3 A
ministerial error is defined as an error
in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.4
The Department reviewed the record
and agrees that the errors referenced in
ATC’s allegation constitute ministerial
errors within the meaning of 19 CFR
351.224(f).5 Specifically, the
Department double-counted the benefit
ATC received through the Central Sales
Tax Reimbursement Program and
inadvertently treated a stamp duty
exemption as a subsidy received during
the POI when the record indicates it was
received prior to the POI.6 Pursuant to
19 CFR 351.224(e), the Department is
amending the India Final Determination
to reflect the correction of the
ministerial errors described above.
India and Sri Lanka (February 23, 2017). See also
Certain New Pneumatic Off-the-Road Tires from
India and Sri Lanka, Investigation Nos. 701–TA–
552–553 and 731–TA–1308 (Final), USITC
Publication 4669 (February 2017).
3 See Letter from ATC, ‘‘Certain New Pneumatic
Off-the-Road Tires from India: Ministerial Error
Comments on the Final Determination,’’ dated
January 17, 2017.
4 See section 705(e) of the Act.
5 See Memorandum to Jim Maeder, Senior
Director for Antidumping and Countervailing Duty
Operations ‘‘Countervailing Duty Investigation of
Certain New Pneumatic Off-the-Road Tires from
India: Ministerial Error Comments on the Final
Determination’’ (February 27, 2017).
6 Id.
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Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
Based on our correction, ATC’s subsidy
rate decreased from 4.90 percent to 4.72
percent.7 Because the ‘‘all-others’’ rate is
based, in part, on ATC’s subsidy rate,
the ‘‘all-others’’ rate decreased from 5.06
percent to 4.94 percent.8
Countervailing Duty Orders
In accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the
ITC notified the Department of its final
determinations that the industry in the
United States producing off road tires is
materially injured by reason of
subsidized imports of off road tires from
India and Sri Lanka and that critical
circumstances do not exist with respect
to imports of subject merchandise from
India and Sri Lanka that are subject to
the Department’s affirmative critical
circumstances findings. Therefore, in
accordance with section 705(c)(2) of the
Act, we are publishing these
countervailing duty orders.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, countervailing duties on
unliquidated entries of off road tires
entered, or withdrawn from warehouse,
for consumption on or after June 20,
2016, the date on which the Department
published its preliminary countervailing
duty determinations in the Federal
Register,9 and before October 18, 2016,
the date on which the Department
instructed CBP to discontinue the
suspension of liquidation on subject
merchandise from India and Sri Lanka
in accordance with section 703(d) of the
Act. Section 703(d) of the Act states that
the suspension of liquidation pursuant
to a preliminary determination may not
remain in effect for more than four
months. Therefore, entries of off road
tires from India and Sri Lanka made on
or after October 18, 2016, and prior to
the date of publication of the ITC’s final
determination in the Federal Register
are not liable for the assessment of
countervailing duties due to the
Department’s discontinuation, effective
7 Id.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
8 Id.
9 See 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); and 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) (collectively, CVD Preliminary
Determinations).
VerDate Sep<11>2014
19:24 Mar 03, 2017
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12557
October 18, 2016, for off road tires from
India and Sri Lanka, of the suspension
of liquidation.
These orders are issued and published
in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Suspension of Liquidation
Dated: March 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
In accordance with section 706 of the
Act, the Department will direct CBP to
reinstitute the suspension of liquidation
of off road tires from India and Sri
Lanka, effective the date of publication
of the ITC’s notice of final
determination in the Federal Register,
and to assess, upon further instruction
by the Department pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise. On or after the
date of publication of the ITC’s final
injury determination in the Federal
Register, CBP must require, at the same
time as importers would normally
deposit estimated duties on this
merchandise, a cash deposit equal to the
rates noted below:
Producer/exporter from India
Subsidy rate
(percent)
ATC Tires Private Limited ....
Balkrishna Industries Limited
All Others ..............................
Producer/exporter from Sri
Lanka
4.72
5.36
4.94
Subsidy rate
(percent)
Camso Loadstar (Private),
Ltd .....................................
All Others ..............................
2.18
2.18
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of off road tires from India and
Sri Lanka, we will instruct CBP to lift
suspension and to refund any cash
deposits made to secure the payment of
estimated countervailing duties with
respect to entries of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after March 22, 2016 (i.e., 90 days prior
to the date of the publication of the CVD
Preliminary Determinations), but before
June 20, 2016 (i.e., the date of
publication of the CVD Preliminary
Determinations).
Notifications to Interested Parties
This notice constitutes the
countervailing duty orders with respect
to off road tires from India and Sri
Lanka, pursuant to section 706(a) of the
Act. Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
PO 00000
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Attachment I
Scope of the Orders
The scope of these orders 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 10 or tubeless, radial, or non-radial,
regardless of whether for original equipment
manufacturers or the replacement market.
Subject tires may have the following prefix
or suffix designation, which appears on the
sidewall of the tire:
Prefix designations:
DH—Identifies a tire intended for
agricultural and logging service which must
be mounted on a DH drop center rim.
VA—Identifies a tire intended for
agricultural and logging service which must
be mounted on a VA multipiece rim.
IF—Identifies an agricultural tire to operate
at 20 percent higher rated load than standard
metric tires at the same inflation pressure.
VF—Identifies an agricultural tire to
operate at 40 percent higher rated load than
standard metric tires at the same inflation
pressure.
Suffix designations:
ML—Mining and logging tires used in
intermittent highway service.
DT—Tires primarily designed for sand and
paver service.
NHS—Not for Highway Service.
TG—Tractor Grader, off-the-road tire for
use on rims having bead seats with nominal
+0.188″ diameter (not for highway service).
K—Compactor tire for use on 5° drop
center or semi-drop center rims having bead
seats with nominal minus 0.032 diameter.
IND—Drive wheel tractor tire used in
industrial service.
SL—Service limited to agricultural usage.
FI—Implement tire for agricultural towed
highway service.
CFO—Cyclic Field Operation.
SS—Differentiates tires for off-highway
vehicles such as mini and skid-steer loaders
from other tires which use similar size
designations such as 7.00–15TR and 7.00–
15NHS, but may use different rim bead seat
configurations.
All tires marked with any of the prefixes
or suffixes listed above in their sidewall
markings are covered by the scope regardless
of their intended use.
In addition, all tires that lack any of the
prefixes or suffixes listed above in their
sidewall markings are included in the scope,
regardless of their intended use, as long as
the tire is of a size that is among the
10 While tube-type tires are subject to the scope
of these proceedings, tubes and flaps are not subject
merchandise and therefore are not covered by the
scope of these proceedings, regardless of the
manner in which they are sold (e.g., sold with or
separately from subject merchandise).
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
12558
Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
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.
In addition, specifically excluded from the
scope are passenger vehicle and light truck
tires, racing tires, mobile home tires,
motorcycle tires, all-terrain vehicle tires,
bicycle tires, on-road or on-highway trailer
tires, and truck and bus tires. Such tires
generally have in common that the symbol
‘‘DOT’’ must appear on the sidewall,
certifying that the tire conforms to applicable
motor vehicle safety standards. Such
excluded tires may also have the following
prefixes and suffixes included as part of the
size designation on their sidewalls:
Prefix letter designations:
AT—Identifies a tire intended for service
on All-Terrain Vehicles;
P—Identifies a tire intended primarily for
service on passenger cars;
LT—Identifies a tire intended primarily for
service on light trucks;
T—Identifies a tire intended for oneposition ‘‘temporary use’’ as a spare only;
and
ST—Identifies a special tire for trailers in
highway service.
Suffix letter designations:
TR—Identifies a tire for service on trucks,
buses, and other vehicles with rims having
specified rim diameter of nominal plus
0.156″ or plus 0.250″;
MH—Identifies tires for Mobile Homes;
HC—Identifies a heavy duty tire designated
for use on ‘‘HC’’ 15″ tapered rims used on
trucks, buses, and other vehicles. This suffix
is intended to differentiate among tires for
light trucks, and other vehicles or other
services, which use a similar designation.
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19:24 Mar 03, 2017
Jkt 241001
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, 4011.70.0010,
4011.62.0000, 4011.80.1010, 4011.80.1020,
4011.90.1050, 4011.70.0050, 4011.80.2010,
4011.80.8010, 4011.80.2020, 4011.80.8020,
8431.49.9038, 8431.49.9090, 8709.90.0020,
and 8716.90.1020.11 Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.90.2050, 4011.90.8050, 8424.90.9080,
8431.20.0000, 8431.39.0010, 8431.49.1090,
8431.49.9030, 8432.90.0020, 8432.90.0040,
8432.90.0050, 8432.90.0060, 8432.90.0081,
8433.90.5010, 8503.00.9560, 8708.70.0500,
8708.70.2500, 8708.70.4530, 8716.90.5035,
8716.90.5056 and 8716.90.5059.12 While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
[FR Doc. 2017–04433 Filed 3–3–17; 8:45 am]
BILLING CODE 3510–DS–P
11 Prior to January 1, 2017, subject merchandise
was classifiable under the following HTSUS
numbers which have been deleted or discontinued:
4011.61.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000,
4011.94.4000, and 4011.94.8000.
12 Prior to January 1, 2017, tires meeting the scope
description may also enter under the following
HTSUS subheadings which have been deleted or
discontinued: 4011.99.4550, 4011.99.8550,
8432.90.0005, 8432.90.0015, 8432.90.0030,
8432.90.0080, and 8716.90.5055.
PO 00000
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979, A–570–010]
Initiation and Preliminary Results of
Changed Circumstances Reviews:
Antidumping Duty Orders on
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China and Antidumping Duty Order
on Certain Crystalline Silicon
Photovoltaic Products 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 changed circumstances
reviews (‘‘CCRs’’) of the antidumping
duty (‘‘AD’’) orders on crystalline
silicon photovoltaic cells, whether or
not assembled into modules, (‘‘solar
cells’’) from the People’s Republic of
China (‘‘PRC’’) and certain crystalline
silicon photovoltaic products (‘‘solar
products’’) from the PRC. The
Department initiated these CCRs to
determine whether Hanwha Q CELLS
(Qidong) Co. Ltd. (‘‘Q CELLS Qidong’’)
is the successor-in-interest to Hanwha
SolarOne (Qidong) Co., Ltd. (‘‘SolarOne
Qidong’’) with respect to the AD orders
on solar cells and solar products from
the PRC and to determine whether
Hanwha Q CELLS Hong Kong Limited
(‘‘Q CELLS Hong Kong’’) is the
successor-in-interest to SolarOne Hong
Kong Limited (‘‘SolarOne Hong Kong’’)
with respect to the AD order on solar
products from the PRC. For the reasons
noted below, we did not initiate the
requested CCR to determine whether Q
CELLS Hong Kong is the successor-ininterest to SolarOne Hong Kong with
respect to the AD order on solar cells
from the PRC. Based on the information
on the record, we preliminarily
determine that Q CELLS Qidong is the
successor-in-interest to SolarOne
Qidong for purposes of the AD orders on
solar cells and solar products from the
PRC and that Q CELLS Hong Kong is the
successor-in-interest to SolarOne Hong
Kong for purposes of the AD order on
solar products from the PRC. As such,
Q CELLS Hong Kong and Q CELLS
Qidong are entitled to SolarOne Hong
Kong and SolarOne Qidong’s cash
deposit rates, respectively, with respect
to U.S. entries of merchandise subject to
the orders noted above. Interested
parties are invited to comment on these
preliminary results.
AGENCY:
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]]>Agencies
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12556-12558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04433]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-870, C-542-801]
Certain New Pneumatic Off-the-Road Tires From India and Sri
Lanka: Amended Final Affirmative Countervailing Duty Determination for
India and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing countervailing duty orders on certain new
pneumatic off-the-road tires (off road tires) from India and Sri Lanka.
In addition, the Department is amending its final determination with
respect to India, as a result of ministerial errors.
DATES: Effective March 6, 2017.
FOR FURTHER INFORMATION CONTACT: Gene Calvert (India); Whitley Herndon
(Sri Lanka); AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3586 or (202) 482-6274, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.210(c), on January 10, 2017,
the Department published its final determinations in the countervailing
duty investigations of off road tires from India and Sri Lanka.\1\ On
February 23, 2017, the ITC notified the Department of its final
determination that an industry in the United States is materially
injured by reason of subsidized imports of subject merchandise from
India and Sri Lanka within the meaning of section 705(b)(1)(A)(i) of
the Act, and its determination that critical circumstances do not exist
with respect to imports of subject merchandise from India and Sri Lanka
that are subject to the Department's affirmative critical circumstances
finding.\2\
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of Certain New
Pneumatic Off-the-Road Tires from India: Final Affirmative
Determination, and Final Affirmative Critical Circumstances
Determination, in Part, 82 FR 2946 (January 10, 2017) (India Final
Determination); and Certain New Pneumatic Off-the-Road Tires from
Sri Lanka: Final Affirmative Countervailing Duty Determination, and
Final Determination of Critical Circumstances, 82 FR 2949 (January
10, 2017).
\2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K.
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding off the road tires from the India and Sri Lanka (February
23, 2017). See also Certain New Pneumatic Off-the-Road Tires from
India and Sri Lanka, Investigation Nos. 701-TA-552-553 and 731-TA-
1308 (Final), USITC Publication 4669 (February 2017).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are off road tires, which are
tires with an off road tire size designation. For a complete
description of the scope of the orders, see Appendix I.
Amendment to India Final Determination
On January 17, 2017, ATC Tires Private Limited (ATC) alleged that
the Department made ministerial errors in the India Final
Determination.\3\ A ministerial error is defined as an error in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.\4\
---------------------------------------------------------------------------
\3\ See Letter from ATC, ``Certain New Pneumatic Off-the-Road
Tires from India: Ministerial Error Comments on the Final
Determination,'' dated January 17, 2017.
\4\ See section 705(e) of the Act.
---------------------------------------------------------------------------
The Department reviewed the record and agrees that the errors
referenced in ATC's allegation constitute ministerial errors within the
meaning of 19 CFR 351.224(f).\5\ Specifically, the Department double-
counted the benefit ATC received through the Central Sales Tax
Reimbursement Program and inadvertently treated a stamp duty exemption
as a subsidy received during the POI when the record indicates it was
received prior to the POI.\6\ Pursuant to 19 CFR 351.224(e), the
Department is amending the India Final Determination to reflect the
correction of the ministerial errors described above.
[[Page 12557]]
Based on our correction, ATC's subsidy rate decreased from 4.90 percent
to 4.72 percent.\7\ Because the ``all-others'' rate is based, in part,
on ATC's subsidy rate, the ``all-others'' rate decreased from 5.06
percent to 4.94 percent.\8\
---------------------------------------------------------------------------
\5\ See Memorandum to Jim Maeder, Senior Director for
Antidumping and Countervailing Duty Operations ``Countervailing Duty
Investigation of Certain New Pneumatic Off-the-Road Tires from
India: Ministerial Error Comments on the Final Determination''
(February 27, 2017).
\6\ Id.
\7\ Id.
\8\ Id.
---------------------------------------------------------------------------
Countervailing Duty Orders
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC notified the Department of its final determinations that the
industry in the United States producing off road tires is materially
injured by reason of subsidized imports of off road tires from India
and Sri Lanka and that critical circumstances do not exist with respect
to imports of subject merchandise from India and Sri Lanka that are
subject to the Department's affirmative critical circumstances
findings. Therefore, in accordance with section 705(c)(2) of the Act,
we are publishing these countervailing duty orders.
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, the Department will direct U.S. Customs and
Border Protection (CBP) to assess, upon further instruction by the
Department, countervailing duties on unliquidated entries of off road
tires entered, or withdrawn from warehouse, for consumption on or after
June 20, 2016, the date on which the Department published its
preliminary countervailing duty determinations in the Federal
Register,\9\ and before October 18, 2016, the date on which the
Department instructed CBP to discontinue the suspension of liquidation
on subject merchandise from India and Sri Lanka in accordance with
section 703(d) of the Act. Section 703(d) of the Act states that the
suspension of liquidation pursuant to a preliminary determination may
not remain in effect for more than four months. Therefore, entries of
off road tires from India and Sri Lanka made on or after October 18,
2016, and prior to the date of publication of the ITC's final
determination in the Federal Register are not liable for the assessment
of countervailing duties due to the Department's discontinuation,
effective October 18, 2016, for off road tires from India and Sri
Lanka, of the suspension of liquidation.
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\9\ See 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); and 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)
(collectively, CVD Preliminary Determinations).
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Suspension of Liquidation
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute the suspension of liquidation of off road
tires from India and Sri Lanka, effective the date of publication of
the ITC's notice of final determination in the Federal Register, and to
assess, upon further instruction by the Department pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates for the subject merchandise. On or after the date of
publication of the ITC's final injury determination in the Federal
Register, CBP must require, at the same time as importers would
normally deposit estimated duties on this merchandise, a cash deposit
equal to the rates noted below:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter from India (percent)
------------------------------------------------------------------------
ATC Tires Private Limited............................... 4.72
Balkrishna Industries Limited........................... 5.36
All Others.............................................. 4.94
------------------------------------------------------------------------
------------------------------------------------------------------------
Subsidy rate
Producer/exporter from Sri Lanka (percent)
------------------------------------------------------------------------
Camso Loadstar (Private), Ltd........................... 2.18
All Others.............................................. 2.18
------------------------------------------------------------------------
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of off road tires from India and Sri Lanka, we
will instruct CBP to lift suspension and to refund any cash deposits
made to secure the payment of estimated countervailing duties with
respect to entries of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after March 22, 2016 (i.e., 90
days prior to the date of the publication of the CVD Preliminary
Determinations), but before June 20, 2016 (i.e., the date of
publication of the CVD Preliminary Determinations).
Notifications to Interested Parties
This notice constitutes the countervailing duty orders with respect
to off road tires from India and Sri Lanka, pursuant to section 706(a)
of the Act. Interested parties can find a list of antidumping duty
orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: March 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Attachment I
Scope of the Orders
The scope of these orders 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 \10\ or tubeless, radial, or non-
radial, regardless of whether for original equipment manufacturers
or the replacement market.
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\10\ While tube-type tires are subject to the scope of these
proceedings, tubes and flaps are not subject merchandise and
therefore are not covered by the scope of these proceedings,
regardless of the manner in which they are sold (e.g., sold with or
separately from subject merchandise).
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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
[[Page 12558]]
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.
In addition, specifically excluded from the scope are passenger
vehicle and light truck tires, racing tires, mobile home tires,
motorcycle tires, all-terrain vehicle tires, bicycle tires, on-road
or on-highway trailer tires, and truck and bus tires. Such tires
generally have in common that the symbol ``DOT'' must appear on the
sidewall, certifying that the tire conforms to applicable motor
vehicle safety standards. Such excluded tires may also have the
following prefixes and suffixes included as part of the size
designation on their sidewalls:
Prefix letter designations:
AT--Identifies a tire intended for service on All-Terrain
Vehicles;
P--Identifies a tire intended primarily for service on passenger
cars;
LT--Identifies a tire intended primarily for service on light
trucks;
T--Identifies a tire intended for one-position ``temporary use''
as a spare only; and
ST--Identifies a special tire for trailers in highway service.
Suffix letter designations:
TR--Identifies a tire for service on trucks, buses, and other
vehicles with rims having specified rim diameter of nominal plus
0.156 or plus 0.250;
MH--Identifies tires for Mobile Homes;
HC--Identifies a heavy duty tire designated for use on ``HC''
15 tapered rims used on trucks, buses, and other
vehicles. This suffix is intended to differentiate among tires for
light trucks, and other vehicles or other services, which use a
similar designation.
Example: 8R17.5 LT, 8R17.5 HC;
LT--Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal
highway service;
ST--Special tires for trailers in highway service; and
M/C--Identifies tires and rims for motorcycles.
The following types of tires are also excluded from the scope:
Pneumatic tires that are not new, including recycled or retreaded
tires and used tires; non-pneumatic tires, including solid rubber
tires; aircraft tires; and turf, lawn and garden, and golf tires.
Also excluded from the scope are mining and construction tires that
have a rim diameter equal to or exceeding 39 inches. Such tires may
be distinguished from other tires of similar size by the number of
plies that the construction and mining tires contain (minimum of 16)
and the weight of such tires (minimum 1500 pounds).
The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050,
4011.70.0010, 4011.62.0000, 4011.80.1010, 4011.80.1020,
4011.90.1050, 4011.70.0050, 4011.80.2010, 4011.80.8010,
4011.80.2020, 4011.80.8020, 8431.49.9038, 8431.49.9090,
8709.90.0020, and 8716.90.1020.\11\ Tires meeting the scope
description may also enter under the following HTSUS subheadings:
4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000,
8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0020,
8432.90.0040, 8432.90.0050, 8432.90.0060, 8432.90.0081,
8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500,
8708.70.4530, 8716.90.5035, 8716.90.5056 and 8716.90.5059.\12\ While
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the subject merchandise is dispositive.
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\11\ Prior to January 1, 2017, subject merchandise was
classifiable under the following HTSUS numbers which have been
deleted or discontinued: 4011.61.0000, 4011.63.0000, 4011.69.0050,
4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, and
4011.94.8000.
\12\ Prior to January 1, 2017, tires meeting the scope
description may also enter under the following HTSUS subheadings
which have been deleted or discontinued: 4011.99.4550, 4011.99.8550,
8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, and
8716.90.5055.
[FR Doc. 2017-04433 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P
