Truck and Bus Tires From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 68118-68121 [2019-26949]
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
an appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and it is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum is available at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
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Preliminary Results of Review
Based on Shanghai Wells’ refusal to
allow Commerce to verify its
questionnaire responses including its
response to the section A questionnaire,
consistent with sections 782(d) and (i)
of the Act, Commerce preliminarily
determines that Shanghai Wells is not
eligible for a separate rate in this
administrative review.
Disclosure and Public Comment
Commerce has made no calculations
as part of these preliminary results.
Accordingly, there will be no disclosure
of the calculations performed for these
preliminary results of review in
accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, the content of which is limited to
issues raised in the case briefs, may be
filed no later than five days after the
date for filing case briefs.17 Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.18 Case and rebuttal
briefs should be filed using ACCESS 19
and must be served on interested
parties.20 Executive summaries should
be limited to five pages total, including
footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
Commerce’s electronic records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice.21 Requests should
contain: (1) The party’s name, address
and telephone number; (2) the number
of participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.22 Parties
should confirm the date, time, and
location of the hearing two days before
the scheduled date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs submitted, no later than 120 days
after the date of publication of this
notice, unless extended.23
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and Customs and Border
Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.24
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Shanghai
Wells will be equal to the weightedaverage dumping margin established in
the final results of this review; (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that have received a
separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific cash deposit rate published for
21 See
17 See
19 CFR 351.309(d).
18 See 19 CFR 351.309(c)(2) and (d)(2).
19 See generally 19 CFR 351.303.
20 See 19 CFR 351.303(f).
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19 CFR 351.310(c).
19 CFR 351.310(d).
23 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
24 See section 751(a)(2)(C) of the Act.
22 See
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the most recently completed period; (3)
for all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity; and (4) for all nonChinese exporters of subject
merchandise which have not received
their own separate rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this period
of review. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: December 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019–26906 Filed 12–12–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–040]
Truck and Bus Tires From the People’s
Republic of China: Initiation and
Preliminary Results of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is simultaneously initiating
and issuing the preliminary results of a
changed circumstances review (CCR) of
AGENCY:
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
the antidumping duty order on truck
and bus tires from the People’s Republic
of China (China) to determine whether
Sailun Group Co., Ltd. (Sailun Group) is
the successor-in-interest to Sailun Jinyu
Group Co., Ltd. (Sailun Jinyu), and
whether Sailun (Shenyang) Tire Co.,
Ltd. (Sailun Shenyang), is the successorin-interest to Shenyang Peace Radial
Tyre Manufacturing Co., Ltd. (Shenyang
Peace). Based on the information on the
record, we preliminarily determine that
Sailun Group is the successor-in-interest
to Sailun Jinyu and that Sailun
Shenyang is the successor-in-interest to
Shenyang Peace for purposes of
determining antidumping duty liability.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable December 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Lochard Philozin, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4260.
SUPPLEMENTARY INFORMATION:
Background
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Commerce published the
antidumping duty order on truck and
bus tires from China on February 15,
2019.1 In its October 25, 2019 request
for a CCR, Sailun Group informed
Commerce that Sailun Jinyu changed its
name to Sailun Group, effective October
22, 2018; and Shenyang Peace changed
its name to Sailun Shenyang, effective
December 3, 2018.2 Sailun Jinyu was a
respondent in the investigation in
which it received a separate rate for two
exporter/producer combinations: (1)
Truck and bus tires produced and
exported by Sailun Jinyu to the United
States; and (2) truck and bus tires
produced by Shenyang Peace and
exported by Sailun Jinyu to the United
States.3 Pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(c) and 19 CFR
351.221(c)(3), Sailun Group requested
that Commerce initiate an expedited
CCR and determine that it is the
successor-in-interest to Sailun Jinyu;
and that its subsidiary, Sailun
1 See Truck and Bus Tires from the People’s
Republic of China: Antidumping Duty Order, 84 FR
4436 (February 15, 2019) (AD Order).
2 See Sailun Group’s Letter, ‘‘Sailun Request for
a Changed Circumstances Review in Truck and Bus
Tires From the People’s Republic of China, Case No.
A–570–040,’’ dated October 25, 2019 (CCR
Request).
3 See Truck and Bus Tires from the People’s
Republic of China: Final Affirmative
Determinations of Sales at Less Than Fair Value
and Critical Circumstances, 82 FR 8599 (January 27,
2017)); see also AD Order, 84 FR at 4439–40.
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Shenyang, is the successor-in-interest to
Shenyang Peace.
Scope of the Order
The scope of the order covers truck
and bus tires. Truck and bus tires are
new pneumatic tires, of rubber, with a
truck or bus size designation. Truck and
bus tires covered by this order may be
tube-type, tubeless, radial, or non-radial.
Subject tires have, at the time of
importation, the symbol ‘‘DOT’’ on the
sidewall, certifying that the tire
conforms to applicable motor vehicle
safety standards. Subject tires may also
have one of the following suffixes in
their tire size designation, which also
appear on the sidewall of the tire:
TR—Identifies tires for service on trucks or
buses to differentiate them from similarly
sized passenger car and light truck tires; and
HC—Identifies a 17.5 inch rim diameter
code for use on low platform trailers.
All tires with a ‘‘TR’’ or ‘‘HC’’ suffix in
their size designations are covered by
this order regardless of their intended
use.
In addition, all tires that lack one of
the above suffix 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 ‘‘Truck-Bus’’
section of the Tire and Rim Association
Year Book, as updated annually, unless
the tire falls within one of the specific
exclusions set out below.
Truck and bus 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
truck and bus tires produced in the
subject country whether mounted on
wheels or rims in the subject country or
in a third country. Truck and bus tires
are covered whether or not they are
accompanied by other parts, e.g., a
wheel, rim, axle parts, bolts, nuts, etc.
Truck and bus tires that enter attached
to a vehicle are not covered by the
scope.
Specifically excluded from the scope
of this order are the following types of
tires: (1) Pneumatic tires, of rubber, that
are not new, including recycled and
retreaded tires; (2) non-pneumatic tires,
such as solid rubber tires; and (3) tires
that exhibit each of the following
physical characteristics: (a) The
designation ‘‘MH’’ is molded into the
tire’s sidewall as part of the size
designation; (b) the tire incorporates a
warning, prominently molded on the
sidewall, that the tire is for ‘‘Mobile
Home Use Only;’’ and (c) the tire is of
bias construction as evidenced by the
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68119
fact that the construction code included
in the size designation molded into the
tire’s sidewall is not the letter ‘‘R.’’
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1015 and
4011.20.5020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.69.0020, 4011.69.0090, 4011.70.00,
4011.90.80, 4011.99.4520, 4011.99.4590,
4011.99.8520, 4011.99.8590,
8708.70.4530, 8708.70.6030,
8708.70.6060, and 8716.90.5059.
While HTSUS subheadings are
provided for convenience and for
customs purposes, the written
description of the subject merchandise
is dispositive.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act and 19 CFR 351.216(d), Commerce
will conduct a CCR upon receipt of a
request from an interested party or
receipt of information concerning an
antidumping duty order which shows
changed circumstances sufficient to
warrant a review of the order. In the
past, Commerce has used CCRs to
address the applicability of cash deposit
rates after there have been changes in
the name or structure of a respondent,
such as a merger or spinoff (‘‘successorin-interest,’’ or ‘‘successorship,’’
determinations).4 Based on the request
from Sailun Group and in accordance
with section 751(b)(1) of Act and 19
CFR 351.216(b), we are initiating a CCR
to determine whether Sailun Group is
the successor-in-interest to Sailun Jinyu
and whether Sailun Shenyang is the
successor-in-interest to Shenyang Peace
for purposes of antidumping duty
liability.
Preliminary Results of Changed
Circumstances Review
If we conclude that an expedited
action is warranted, we may combine
the notices of initiation and preliminary
results of a CCR under 19 CFR
351.221(c)(3)(ii). Commerce has
combined the notice of initiation and
preliminary results in successor-ininterest cases when sufficient
documentation has been provided
supporting the request to make a
preliminary determination.5 In this
4 See, e.g., Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Final Results of
Changed Circumstances Review, 81 FR 91909
(December 19, 2016).
5 See, e.g., Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
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instance, we have the necessary
information on the record to make a
preliminary finding. Thus, we find that
expedited action is warranted and have
combined the notices of initiation and
preliminary results pursuant to 19 CFR
351.221(c)(3)(ii).
In making a successor-in-interest
determination for purposes of
antidumping duty liability, Commerce
examines several factors including, but
not limited to, changes in management,
production facilities, supplier
relationships, and customer base.6
While no single factor or combination of
these factors will necessarily provide a
dispositive indication of a successor-ininterest relationship, Commerce will
generally consider the new company to
be the successor to the previous
company if the new company’s
operations are not materially dissimilar
to those of its predecessor.7 Thus, if the
evidence demonstrates that, with
respect to the production and sales of
the subject merchandise, the new
company operates as essentially the
same business entity as the former
company, Commerce will accord the
new company the same antidumping
treatment as its predecessor.8
In its CCR Request and Supplemental
Response,9 Sailun Group provided
documents demonstrating that Sailun
Jinyu and Shenyang Peace changed their
names.10 Sailun Group states that the
management, production facilities, and
customer/supplier relationships of the
two companies (Sailun Jinyu and
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China, 81 FR 76561 (November 3,
2016).
6 See, e.g., Pressure Sensitive Plastic Tape from
Italy: Preliminary Results of Antidumping Duty
Changed Circumstances Review, 75 FR 8925
(February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape from Italy: Final Results of
Antidumping Duty Changed Circumstances Review,
75 FR 27706 (May 18, 2010); and Brake Rotors from
the People’s Republic of China: Final Results of
Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 69941 (November 18,
2005) (Brake Rotors), citing Brass Sheet and Strip
from Canada; Final Results of Antidumping Duty
Administrative Review, 57 FR 20460 (May 13,
1992).
7 See, e.g., Brake Rotors.
8 Id.; see also, e.g., Notice of Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012).
9 See CCR Request; see also Sailun Group’s Letter,
‘‘Sailun Supplemental Questionnaire Response:
Changed Circumstances Review in Truck and Bus
Tires From the People’s Republic of China, Case No.
A–570–040,’’ dated November 14, 2019
(Supplemental Response).
10 See, e.g., CCR Request at Exhibits 2a, 2b, 3a,
and 3b.
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Shenyang Peace) have not changed as a
result of changes to the names of the
companies. Further, Sailun Group and
Sailun Shenyang provided internal
documents evidencing that their
production facilities and their location
and domestic and overseas customers
and suppliers were the same before and
after the change to the companies’
names.11 Sailun Group also provided a
list of members of the management team
and supporting documentation
indicating that Sailun Group’s and
Sailun Jinyu’s management teams are
identical, and Sailun Shenyang is being
managed by the same director who was
managing Shenyang Peace.12
Based on record evidence, we
preliminarily determine that Sailun
Group is the successor-in-interest to
Sailun Jinyu, and that Sailun Shenyang
is the successor-in-interest to Shenyang
Peace for purposes of antidumping duty
liability, because the changes to the
names of the companies resulted in no
significant changes to management,
production facilities, supplier
relationships, or customers. As a result,
we preliminarily determine that Sailun
Group operates as essentially the same
business entity as Sailun Jinyu and that
Sailun Shenyang operates as essentially
the same business entity as Shenyang
Peace. Thus, we preliminarily
determine that subject merchandise
produced and exported by Sailun Group
to the United States should receive the
same cash deposit rate as subject
merchandise produced and exported by
Sailun Jinyu to the United States; and
subject merchandise produced by
Sailun Shenyang and exported by
Sailun Group to the United States
should receive the same cash deposit
rate as subject merchandise produced by
Shenyang Peace and exported by Sailun
Jinyu to the United States.
If these preliminary results are
adopted in our final results of this CCR,
effective on the publication date of our
final results, we will instruct U.S.
Customs and Border Protection to
suspend liquidation of entries of subject
merchandise produced and exported in
the above producer/exporter
combinations at the applicable cash
deposit rates.
Public Comment
Interested parties may submit case
briefs no later than 14 days after the
publication of this notice.13 Rebuttal
11 See CCR Request at Exhibits 2d, 2e, 2f, 3d, 3e
and 3f through 6, and Supplemental Response at
Exhibits 1, 2, 3, 4, and 7.
12 See CCR Request at Exhibit 2c and 3c and
Supplemental Response at Exhibit 5.
13 See 19 CFR 351.309(c)(1)(ii). (‘‘Any interested
party may submit a ‘case brief within . . . 30 days
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briefs, which must be limited to issues
raised in case briefs, may be filed not
later than five days after the deadline for
filing case briefs.14 Parties who submit
case briefs or rebuttal briefs in this
changed circumstance review are
requested to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. Interested
parties may request a hearing within 14
days of publication of this notice. The
hearing request should contain the
following information: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230 in a room to be determined.
Parties will be notified of the time and
date of any hearing, if requested.15
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. An electronically-filed
document must be received successfully
in its entirety by no later than 5:00 p.m.
Eastern Time on the date the document
is due.
Notifications to Interested Parties
Unless extended, consistent with 19
CFR 351.216(e), we intend to issue the
final results of this CCR no later than
270 days after the date on which this
review was initiated, or within 45 days
after the publication of the preliminary
results if all parties in this review agree
to our preliminary results. The final
results will include Commerce’s
analysis of issues raised in any written
comments.
We are issuing and publishing this
initiation and preliminary results notice
in accordance with sections 751(b)(1)
and 777(i)(1) of the Act, 19 CFR
351.216(b) and (d), and 19 CFR
351.221(c)(3).
after the date of publication of the preliminary
results of {a changed circumstances} review, unless
the Secretary alters the time limit. . . .’’) (emphasis
added).
14 See 19 CFR 351.309(d).
15 See 19 CFR 351.310.
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Dated: December 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
producers and exporters of file cabinets
from China.2
On December 2, 2019, the ITC notified
Commerce of its final affirmative
determination that an industry in the
United States is materially injured by
reason of LTFV imports and subsidized
imports of file cabinets from China,
within the meaning of section
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the
Act.3
[FR Doc. 2019–26949 Filed 12–12–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–110, C–570–111]
Vertical Metal File Cabinets From the
People’s Republic of China:
Antidumping and Countervailing Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing the antidumping
duty (AD) and countervailing duty
(CVD) orders on vertical metal file
cabinets (file cabinets) from the People’s
Republic of China (China).
DATES: Applicable December 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Kathryn Wallace at (202) 482–6251, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on October 25, 2019,
Commerce published its affirmative
final determination of sales at less-thanfair-value (LTFV) 1 and its affirmative
final determination that countervailable
subsidies are being provided to
Scope of the Orders
The products covered by these orders
are file cabinets from China. For a
complete description of the scope of the
orders, see Appendix I of this notice.
Estimated weightedaverage dumping
margin
(percent)
Exporter
China-Wide Entity .........................................
China-Wide Entity .........................................
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5 See Vertical Metal File Cabinets from the
People’s Republic of China: Preliminary
Determination of Sales at Less-Than-Fair-Value, 83
FR 37618 (August 1, 2019) (LTFV Preliminary
Determination).
6 Section 733(d) of the Act states that suspension
of liquidation instructions issued pursuant to an
affirmative preliminary determination may not
remain in effect for more than four months, except
where exporters representing a significant
proportion of exports of the subject merchandise
request Commerce to extend that four-month period
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Suspension of Liquidation—AD 6
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to reinstate suspension of
liquidation on all relevant entries of file
cabinets from China, effective on the
date of the publication of the ITC’s final
affirmative injury determination in the
Federal Register, and to assess, upon
further instruction by Commerce
pursuant to section 736(a)(1) of the Act,
antidumping duties for each entry of the
subject merchandise equal to the
amount by which the normal value of
the merchandise exceeds the export
price or constructed export price of the
merchandise. These instructions
suspending liquidation will remain in
effect until further notice. For each
producer and exporter combination,
Commerce will also instruct CBP to
require cash deposits for estimated
antidumping duties equal to the cash
deposit rates listed below.
Accordingly, effective on the date of
publication of the ITC Final
Determination, CBP will require, at the
same time as an importer of record
would normally deposit estimated
duties on the subject merchandise, a
cash deposit based on the rates listed
below.7 As stated in the LTFV Final
Determination, Commerce made certain
adjustments for export subsidies from
the CVD Final Determination to the
estimated weighted-average dumping
margin to determine each of the cash
deposit rates.
AD Order
On December 2, 2019, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of file cabinets from China that
are sold in the United States at LTFV.4
Therefore, in accordance with section
735(c)(2) of the Act, we are issuing this
AD order. Because the ITC determined
that imports of file cabinets from China
are materially injuring a U.S. industry,
unliquidated entries of such
merchandise from China entered, or
withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties, as
described below.
In accordance with section 736(a)(1)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
assess, upon further instruction by
Commerce, antidumping duties equal to
the amount by which the normal value
of the merchandise exceeds the export
price or constructed export price of the
subject merchandise, for all relevant
entries of file cabinets from China.
Antidumping duties will be assessed on
unliquidated entries of file cabinets
Producer
1 See Vertical Metal File Cabinets from the
People’s Republic of China: Final Determination of
Sales at Less-Than-Fair Value, 84 FR 57398
(October 25, 2019) (LTFV Final Determination).
2 See Vertical Metal File Cabinets from the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 84 FR 57394
(October 25, 2019) (CVD Final Determination).
3 See ITC Letter dated December 2, 2019 (ITC
Notification).
4 See ITC Notification.
from China entered, or withdrawn from
warehouse, for consumption on or after
August 1, 2019, the date of publication
of the LTFV Preliminary Determination 5
but will not be assessed on entries
occurring after the expiration of the
provisional measures period and before
publication of the ITC’s final affirmative
injury determination, as further
described below.
Sfmt 4703
198.50
Cash Deposit Rate
(percent)
160.77
to no more than six months. Commerce published
its LTFV Preliminary Determination on August 1,
2019. Therefore, the four-month period, beginning
on the date of publication of the LTFV Preliminary
Determination, ends on December 1, 2019.
7 See section 736(a)(3) of the Act.
E:\FR\FM\13DEN1.SGM
13DEN1
]]>Agencies
[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68118-68121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26949]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-040]
Truck and Bus Tires From the People's Republic of China:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is simultaneously
initiating and issuing the preliminary results of a changed
circumstances review (CCR) of
[[Page 68119]]
the antidumping duty order on truck and bus tires from the People's
Republic of China (China) to determine whether Sailun Group Co., Ltd.
(Sailun Group) is the successor-in-interest to Sailun Jinyu Group Co.,
Ltd. (Sailun Jinyu), and whether Sailun (Shenyang) Tire Co., Ltd.
(Sailun Shenyang), is the successor-in-interest to Shenyang Peace
Radial Tyre Manufacturing Co., Ltd. (Shenyang Peace). Based on the
information on the record, we preliminarily determine that Sailun Group
is the successor-in-interest to Sailun Jinyu and that Sailun Shenyang
is the successor-in-interest to Shenyang Peace for purposes of
determining antidumping duty liability. We invite interested parties to
comment on these preliminary results.
DATES: Applicable December 13, 2019.
FOR FURTHER INFORMATION CONTACT: Lochard Philozin, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4260.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the antidumping duty order on truck and bus
tires from China on February 15, 2019.\1\ In its October 25, 2019
request for a CCR, Sailun Group informed Commerce that Sailun Jinyu
changed its name to Sailun Group, effective October 22, 2018; and
Shenyang Peace changed its name to Sailun Shenyang, effective December
3, 2018.\2\ Sailun Jinyu was a respondent in the investigation in which
it received a separate rate for two exporter/producer combinations: (1)
Truck and bus tires produced and exported by Sailun Jinyu to the United
States; and (2) truck and bus tires produced by Shenyang Peace and
exported by Sailun Jinyu to the United States.\3\ Pursuant to section
751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.216(c) and 19 CFR 351.221(c)(3), Sailun Group requested that
Commerce initiate an expedited CCR and determine that it is the
successor-in-interest to Sailun Jinyu; and that its subsidiary, Sailun
Shenyang, is the successor-in-interest to Shenyang Peace.
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\1\ See Truck and Bus Tires from the People's Republic of China:
Antidumping Duty Order, 84 FR 4436 (February 15, 2019) (AD Order).
\2\ See Sailun Group's Letter, ``Sailun Request for a Changed
Circumstances Review in Truck and Bus Tires From the People's
Republic of China, Case No. A-570-040,'' dated October 25, 2019 (CCR
Request).
\3\ See Truck and Bus Tires from the People's Republic of China:
Final Affirmative Determinations of Sales at Less Than Fair Value
and Critical Circumstances, 82 FR 8599 (January 27, 2017)); see also
AD Order, 84 FR at 4439-40.
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Scope of the Order
The scope of the order covers truck and bus tires. Truck and bus
tires are new pneumatic tires, of rubber, with a truck or bus size
designation. Truck and bus tires covered by this order may be tube-
type, tubeless, radial, or non-radial.
Subject tires have, at the time of importation, the symbol ``DOT''
on the sidewall, certifying that the tire conforms to applicable motor
vehicle safety standards. Subject tires may also have one of the
following suffixes in their tire size designation, which also appear on
the sidewall of the tire:
TR--Identifies tires for service on trucks or buses to
differentiate them from similarly sized passenger car and light
truck tires; and
HC--Identifies a 17.5 inch rim diameter code for use on low
platform trailers.
All tires with a ``TR'' or ``HC'' suffix in their size designations are
covered by this order regardless of their intended use.
In addition, all tires that lack one of the above suffix 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 ``Truck-Bus'' section of the Tire and Rim Association
Year Book, as updated annually, unless the tire falls within one of the
specific exclusions set out below.
Truck and bus 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 truck and bus tires produced in the subject
country whether mounted on wheels or rims in the subject country or in
a third country. Truck and bus tires are covered whether or not they
are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts,
nuts, etc. Truck and bus tires that enter attached to a vehicle are not
covered by the scope.
Specifically excluded from the scope of this order are the
following types of tires: (1) Pneumatic tires, of rubber, that are not
new, including recycled and retreaded tires; (2) non-pneumatic tires,
such as solid rubber tires; and (3) tires that exhibit each of the
following physical characteristics: (a) The designation ``MH'' is
molded into the tire's sidewall as part of the size designation; (b)
the tire incorporates a warning, prominently molded on the sidewall,
that the tire is for ``Mobile Home Use Only;'' and (c) the tire is of
bias construction as evidenced by the fact that the construction code
included in the size designation molded into the tire's sidewall is not
the letter ``R.''
The subject merchandise is currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1015
and 4011.20.5020. Tires meeting the scope description may also enter
under the following HTSUS subheadings: 4011.69.0020, 4011.69.0090,
4011.70.00, 4011.90.80, 4011.99.4520, 4011.99.4590, 4011.99.8520,
4011.99.8590, 8708.70.4530, 8708.70.6030, 8708.70.6060, and
8716.90.5059.
While HTSUS subheadings are provided for convenience and for
customs purposes, the written description of the subject merchandise is
dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d),
Commerce will conduct a CCR upon receipt of a request from an
interested party or receipt of information concerning an antidumping
duty order which shows changed circumstances sufficient to warrant a
review of the order. In the past, Commerce has used CCRs to address the
applicability of cash deposit rates after there have been changes in
the name or structure of a respondent, such as a merger or spinoff
(``successor-in-interest,'' or ``successorship,'' determinations).\4\
Based on the request from Sailun Group and in accordance with section
751(b)(1) of Act and 19 CFR 351.216(b), we are initiating a CCR to
determine whether Sailun Group is the successor-in-interest to Sailun
Jinyu and whether Sailun Shenyang is the successor-in-interest to
Shenyang Peace for purposes of antidumping duty liability.
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\4\ See, e.g., Crystalline Silicon Photovoltaic Cells, Whether
or Not Assembled Into Modules, from the People's Republic of China:
Final Results of Changed Circumstances Review, 81 FR 91909 (December
19, 2016).
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Preliminary Results of Changed Circumstances Review
If we conclude that an expedited action is warranted, we may
combine the notices of initiation and preliminary results of a CCR
under 19 CFR 351.221(c)(3)(ii). Commerce has combined the notice of
initiation and preliminary results in successor-in-interest cases when
sufficient documentation has been provided supporting the request to
make a preliminary determination.\5\ In this
[[Page 68120]]
instance, we have the necessary information on the record to make a
preliminary finding. Thus, we find that expedited action is warranted
and have combined the notices of initiation and preliminary results
pursuant to 19 CFR 351.221(c)(3)(ii).
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\5\ See, e.g., Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China, 81 FR 76561 (November 3, 2016).
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In making a successor-in-interest determination for purposes of
antidumping duty liability, Commerce examines several factors
including, but not limited to, changes in management, production
facilities, supplier relationships, and customer base.\6\ While no
single factor or combination of these factors will necessarily provide
a dispositive indication of a successor-in-interest relationship,
Commerce will generally consider the new company to be the successor to
the previous company if the new company's operations are not materially
dissimilar to those of its predecessor.\7\ Thus, if the evidence
demonstrates that, with respect to the production and sales of the
subject merchandise, the new company operates as essentially the same
business entity as the former company, Commerce will accord the new
company the same antidumping treatment as its predecessor.\8\
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\6\ See, e.g., Pressure Sensitive Plastic Tape from Italy:
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape from Italy: Final Results of Antidumping Duty
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake
Rotors from the People's Republic of China: Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 70 FR 69941
(November 18, 2005) (Brake Rotors), citing Brass Sheet and Strip
from Canada; Final Results of Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992).
\7\ See, e.g., Brake Rotors.
\8\ Id.; see also, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012).
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In its CCR Request and Supplemental Response,\9\ Sailun Group
provided documents demonstrating that Sailun Jinyu and Shenyang Peace
changed their names.\10\ Sailun Group states that the management,
production facilities, and customer/supplier relationships of the two
companies (Sailun Jinyu and Shenyang Peace) have not changed as a
result of changes to the names of the companies. Further, Sailun Group
and Sailun Shenyang provided internal documents evidencing that their
production facilities and their location and domestic and overseas
customers and suppliers were the same before and after the change to
the companies' names.\11\ Sailun Group also provided a list of members
of the management team and supporting documentation indicating that
Sailun Group's and Sailun Jinyu's management teams are identical, and
Sailun Shenyang is being managed by the same director who was managing
Shenyang Peace.\12\
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\9\ See CCR Request; see also Sailun Group's Letter, ``Sailun
Supplemental Questionnaire Response: Changed Circumstances Review in
Truck and Bus Tires From the People's Republic of China, Case No. A-
570-040,'' dated November 14, 2019 (Supplemental Response).
\10\ See, e.g., CCR Request at Exhibits 2a, 2b, 3a, and 3b.
\11\ See CCR Request at Exhibits 2d, 2e, 2f, 3d, 3e and 3f
through 6, and Supplemental Response at Exhibits 1, 2, 3, 4, and 7.
\12\ See CCR Request at Exhibit 2c and 3c and Supplemental
Response at Exhibit 5.
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Based on record evidence, we preliminarily determine that Sailun
Group is the successor-in-interest to Sailun Jinyu, and that Sailun
Shenyang is the successor-in-interest to Shenyang Peace for purposes of
antidumping duty liability, because the changes to the names of the
companies resulted in no significant changes to management, production
facilities, supplier relationships, or customers. As a result, we
preliminarily determine that Sailun Group operates as essentially the
same business entity as Sailun Jinyu and that Sailun Shenyang operates
as essentially the same business entity as Shenyang Peace. Thus, we
preliminarily determine that subject merchandise produced and exported
by Sailun Group to the United States should receive the same cash
deposit rate as subject merchandise produced and exported by Sailun
Jinyu to the United States; and subject merchandise produced by Sailun
Shenyang and exported by Sailun Group to the United States should
receive the same cash deposit rate as subject merchandise produced by
Shenyang Peace and exported by Sailun Jinyu to the United States.
If these preliminary results are adopted in our final results of
this CCR, effective on the publication date of our final results, we
will instruct U.S. Customs and Border Protection to suspend liquidation
of entries of subject merchandise produced and exported in the above
producer/exporter combinations at the applicable cash deposit rates.
Public Comment
Interested parties may submit case briefs no later than 14 days
after the publication of this notice.\13\ Rebuttal briefs, which must
be limited to issues raised in case briefs, may be filed not later than
five days after the deadline for filing case briefs.\14\ Parties who
submit case briefs or rebuttal briefs in this changed circumstance
review are requested to submit with each argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities. Interested parties may request a hearing within 14 days of
publication of this notice. The hearing request should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
parties will be notified of the time and date for the hearing to be
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230 in a room to be determined. Parties will be
notified of the time and date of any hearing, if requested.\15\
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\13\ See 19 CFR 351.309(c)(1)(ii). (``Any interested party may
submit a `case brief within . . . 30 days after the date of
publication of the preliminary results of {a changed
circumstances{time} review, unless the Secretary alters the time
limit. . . .'') (emphasis added).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.310.
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All submissions, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. An
electronically-filed document must be received successfully in its
entirety by no later than 5:00 p.m. Eastern Time on the date the
document is due.
Notifications to Interested Parties
Unless extended, consistent with 19 CFR 351.216(e), we intend to
issue the final results of this CCR no later than 270 days after the
date on which this review was initiated, or within 45 days after the
publication of the preliminary results if all parties in this review
agree to our preliminary results. The final results will include
Commerce's analysis of issues raised in any written comments.
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1) and 777(i)(1) of
the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(c)(3).
[[Page 68121]]
Dated: December 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-26949 Filed 12-12-19; 8:45 am]
BILLING CODE 3510-DS-P
