Truck and Bus Tires From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, 1802-1803 [2020-00301]
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Federal Register / Vol. 85, No. 8 / Monday, January 13, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
in the 2014 administrative review of the
CVD order on OTR Tires from China.1
The period of review is January 1, 2014
through December 31, 2014. In the Final
Results, Commerce found, based on
adverse facts available (AFA), that the
mandatory respondents had used the
Export Buyer’s Credit Program (EBCP).2
On October 25, 2018, the Court
remanded the Final Results to
Commerce to reconsider its decision to
apply AFA to the EBCP program.3
Specifically, the Court held that
‘‘Commerce had a clear path to find
non-use by either accepting the
declarations submitted by {p}laintiffs
and their U.S. Customers or by verifying
these declarations,’’ and ordered
Commerce to reconsider the evidence of
non-use by Government of China
(GOC).4
On March 5, 2019, Commerce
submitted its remand redetermination,
in which it reconsidered its decision to
apply AFA to the EBCP and provided
extensive additional explanation in
support of its treatment of the program.5
Guizhou Tyre and Xuzhou Xugong
continued to challenge Commerce’s
determination regarding the use of
EBCP. Pursuant to the Court’s remand
order, Commerce had explained how
the GOC’s refusal to provide certain
information concerning the operation of
the program prevented a meaningful
and accurate verification of the non-use
claims of the respondents and their U.S.
customers.6
On August 21, 2019, the Court again
remanded the determination to
Commerce, ordering Commerce to
reconsider its application of AFA in
light of the record evidence of non-use.
The Court held that Commerce did not
establish that there was a gap in the
record that warranted the application of
AFA with respect to the EBCP program.7
On November 19, 2019, Commerce
filed its second remand redetermination
with the Court reconsidering its
decision to apply AFA in evaluating use
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Final Results
of Countervailing Duty Administrative Review;
2014, 82 FR 18285 (April 18, 2017) (Final Results),
and the accompanying Issues and Decision
Memorandum (IDM).
2 See Final Results IDM.
3 See Guizhou Tyre Co., Ltd., et al. v. United
States, CIT Slip Op. 18–140, Consol. Ct. No. 17–
00101 (October 17, 2018) (First Remand Order) at
25–26.
4 See First Remand Order at 9 and 25.
5 See Results of Redetermination Pursuant to
Court Remand (March 5, 2018) (First Remand
Results) at 5–17 and 24–33.
6 See First Remand Results at 5–17.
7 See Guizhou Tyre Co., Ltd., et al. v. United
States, CIT Slip Op. 19–114, Consol. Ct. No. 17–
00101 (August 21, 2019) (Second Remand Order) at
3–5 and 11.
VerDate Sep<11>2014
16:32 Jan 10, 2020
Jkt 250001
of the EBCP, in which it determined,
under respectful protest, that the EBCP
program was not used by the
respondents based on the certifications
submitted by Guizhou Tyre from its
customers stating that they did not use
program and the record statements by
Xuzhou Xugong that none of its
customers used the program.8
Accordingly, Commerce assigned
Guizhou Tyre, Xuzhou Xugong and
other non-selected companies net
subsidy rates of 19.78 percent, 46.31
percent, and 33.05 percent,
respectively.9
On December 26, 2019, the Court
sustained Commerce’s Second Remand
Results and entered final judgment.10
Timken Notice
In its decision in Timken,11 as
clarified by Diamond Sawblades,12 the
U.S. Court of Appeals for the Federal
Circuit (CAFC) held that, pursuant to
section 516A(e) of the Tariff Act of
1930, as amended (the Act), Commerce
must publish a notice of a court
decision that is not ‘‘in harmony’’ with
a Commerce determination and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The
Court’s December 26, 2019 final
judgment sustaining Commerce’s
Second Remand Results constitutes a
final decision of the Court that is not in
harmony with Commerce’s Final
Results.13 This notice is published in
fulfillment of the Timken publication
requirements.
Amended Final Results
Because there is now a final court
decision, we are amending the Final
Results with respect to the CVD rates
calculated for Guizhou Tyre and
Xuzhou Xugong. Based on the Second
Remand Results, as sustained by the
Court, the revised CVD rates for
Guizhou Tyre, Xuzhou Xugong, and
non-selected companies, from January 1,
2014 through December 31, 2014, are
19.78 percent, 46.31 percent, and 33.05
percent, respectively.
In the event that the Court’s ruling is
not appealed, or, if appealed, is upheld
by a final and conclusive court decision,
8 See Results of Redetermination Pursuant to
Court Remand (November 19, 2019) (Second
Remand Results) at 8–10.
9 Id. at 9.
10 See Guizhou Tyre Co., Ltd.; Guizhou Tyre
Import & Export Co., Ltd; & Xuzhou Xugong Tyres
Co. Ltd. v. United States, CIT Slip Op. 19–171,
Consol. Ct. No. 17–00101 (December 26, 2019).
11 See Timken Co. v. United States, 893 F. 2d 337,
341 (Fed. Cir. 1990) (Timken).
12 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F. 3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
13 See Final Results.
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Sfmt 4703
Commerce will instruct Customs and
Border Protection to assess
countervailing duties on unliquidated
entries of subject merchandise based on
the revised subsidy rates summarized
above.
Notification to Interested Parties
This notice is issued and published in
accordance with section 516A(e)(1),
781(d), and 777(i)(1) of the Act.
Dated: January 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–00300 Filed 1–10–20; 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: Final Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 13, 2019, the
Department of Commerce (Commerce)
published a notice of initiation and
preliminary results of a changed
circumstances review (CCR) of the
antidumping duty order on truck and
bus tires from the People’s Republic of
China (China). For these final results,
Commerce continues to find that Sailun
Group Co., Ltd. (Sailun Group) is the
successor-in-interest to Sailun Jinyu
Group Co., Ltd. (Sailun Jinyu), and that
Sailun (Shenyang) Tire Co., Ltd. (Sailun
Shenyang) is the successor-in-interest to
Shenyang Peace Radial Tyre
Manufacturing Co., Ltd. (Shenyang
Peace).
DATES: Applicable January 13, 2020.
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:
AGENCY:
Background
On December 13, 2019, Commerce
published a notice of initiation and
preliminary results of a CCR of the
antidumping duty order on truck and
bus tires from China, in which we found
that Sailun Jinyu changed its name to
Sailun Group, effective October 22,
2018, and Shenyang Peace changed its
E:\FR\FM\13JAN1.SGM
13JAN1
Federal Register / Vol. 85, No. 8 / Monday, January 13, 2020 / Notices
name to Sailun Shenyang, effective
December 3, 2018.1 On October 25,
2019, Sailun Group requested that
Commerce initiate an expedited CCR
and determine Sailun Group is the
successor-in-interest to Sailun Jinyu,
and that Sailun Shenyang is the
successor-in-interest to Shenyang
Peace.2
Commerce preliminarily determined
that Sailun Group is the successor-ininterest to Sailun Jinyu, and that Sailun
Shenyang is the successor-in-interest to
Shenyang Peace for purposes of
determining antidumping duty
liability.3 In the Initiation and
Preliminary Results, Commerce
provided all interested parties with an
opportunity to comment and request a
public hearing regarding our
preliminary results. On December 27,
2019, Sailun Group informed Commerce
that it agrees with the preliminary
results.4 Commerce received no
additional comments or requests for a
public hearing.
khammond on DSKJM1Z7X2PROD with NOTICES
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
1 See Truck and Bus Tires from the People’s
Republic of China: Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review, 84 FR 68118 (December 13,
2019) (Initiation and Preliminary Results).
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.
3 See Initiation and Preliminary Results.
4 See Sailun Group’s Letter, ‘‘Sailun Letter in Lieu
of Brief: Changed Circumstances Review in Truck
and Bus Tires From the People’s Republic of China,
Case No. A–570–040,’’ dated December 27, 2019.
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16:32 Jan 10, 2020
Jkt 250001
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.
Final Results of Changed
Circumstances Review
For the reasons stated in the Initiation
and Preliminary Results, and because
we received no comments from
interested parties to the contrary,
Commerce continues to find that Sailun
Group is the successor-in-interest to
Sailun Jinyu, and that Sailun Shenyang
is the successor-in-interest to Shenyang
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
1803
Peace.5 As a result of this
determination, Commerce finds 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. Accordingly,
Commerce will instruct U.S. Customs
and Border Protection to suspend
liquidation of all shipments of subject
merchandise for these two successor-ininterest producer/exporter combinations
at their predecessor-in-interest
producer/exporter combinations’ cash
deposit rate of 9.00 percent.6 This cash
deposit requirement will be effective
upon the publication date of our final
results for this CCR and shall remain in
effect until further notice.
Notification to Interested Parties
This notice serves as a final reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition 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 sanctionable violation.
This notice of final results is in
accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as
amended, and 19 CFR 351.216, 19 CFR
351.221(b)(5), and 19 CFR 351.221(c)(3).
Dated: January 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–00301 Filed 1–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
5 Initiation
and Preliminary Results, 84 FR 68118.
Truck and Bus Tires from the People’s
Republic of China: Antidumping Duty Order, 84 FR
4436 (February 15, 2019).
6 See
E:\FR\FM\13JAN1.SGM
13JAN1
]]>Agencies
[Federal Register Volume 85, Number 8 (Monday, January 13, 2020)]
[Notices]
[Pages 1802-1803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00301]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-040]
Truck and Bus Tires From the People's Republic of China: Final
Results of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 13, 2019, the Department of Commerce (Commerce)
published a notice of initiation and preliminary results of a changed
circumstances review (CCR) of the antidumping duty order on truck and
bus tires from the People's Republic of China (China). For these final
results, Commerce continues to find that Sailun Group Co., Ltd. (Sailun
Group) is the successor-in-interest to Sailun Jinyu Group Co., Ltd.
(Sailun Jinyu), and that Sailun (Shenyang) Tire Co., Ltd. (Sailun
Shenyang) is the successor-in-interest to Shenyang Peace Radial Tyre
Manufacturing Co., Ltd. (Shenyang Peace).
DATES: Applicable January 13, 2020.
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
On December 13, 2019, Commerce published a notice of initiation and
preliminary results of a CCR of the antidumping duty order on truck and
bus tires from China, in which we found that Sailun Jinyu changed its
name to Sailun Group, effective October 22, 2018, and Shenyang Peace
changed its
[[Page 1803]]
name to Sailun Shenyang, effective December 3, 2018.\1\ On October 25,
2019, Sailun Group requested that Commerce initiate an expedited CCR
and determine Sailun Group is the successor-in-interest to Sailun
Jinyu, and that Sailun Shenyang is the successor-in-interest to
Shenyang Peace.\2\
---------------------------------------------------------------------------
\1\ See Truck and Bus Tires from the People's Republic of China:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 84 FR 68118 (December 13, 2019) (Initiation
and Preliminary Results).
\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.
---------------------------------------------------------------------------
Commerce preliminarily determined 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.\3\ In the Initiation and Preliminary
Results, Commerce provided all interested parties with an opportunity
to comment and request a public hearing regarding our preliminary
results. On December 27, 2019, Sailun Group informed Commerce that it
agrees with the preliminary results.\4\ Commerce received no additional
comments or requests for a public hearing.
---------------------------------------------------------------------------
\3\ See Initiation and Preliminary Results.
\4\ See Sailun Group's Letter, ``Sailun Letter in Lieu of Brief:
Changed Circumstances Review in Truck and Bus Tires From the
People's Republic of China, Case No. A-570-040,'' dated December 27,
2019.
---------------------------------------------------------------------------
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.
Final Results of Changed Circumstances Review
For the reasons stated in the Initiation and Preliminary Results,
and because we received no comments from interested parties to the
contrary, Commerce continues to find that Sailun Group is the
successor-in-interest to Sailun Jinyu, and that Sailun Shenyang is the
successor-in-interest to Shenyang Peace.\5\ As a result of this
determination, Commerce finds 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. Accordingly, Commerce will instruct U.S. Customs and Border
Protection to suspend liquidation of all shipments of subject
merchandise for these two successor-in-interest producer/exporter
combinations at their predecessor-in-interest producer/exporter
combinations' cash deposit rate of 9.00 percent.\6\ This cash deposit
requirement will be effective upon the publication date of our final
results for this CCR and shall remain in effect until further notice.
---------------------------------------------------------------------------
\5\ Initiation and Preliminary Results, 84 FR 68118.
\6\ See Truck and Bus Tires from the People's Republic of China:
Antidumping Duty Order, 84 FR 4436 (February 15, 2019).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 sanctionable violation.
This notice of final results is in accordance with sections
751(b)(1) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR
351.216, 19 CFR 351.221(b)(5), and 19 CFR 351.221(c)(3).
Dated: January 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00301 Filed 1-10-20; 8:45 am]
BILLING CODE 3510-DS-P
