Notice of Initiation and Preliminary Results of Changed Circumstances Reviews: Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China, 5193-5196 [2020-01560]
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Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Notices
Net subsidy
rate
ad valorem
(percent)
Company
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL Fine Paper Macao Offshore Limited, PT Asia Pacific Rayon, PT
Sateri Viscose International, A P Fine Paper Trading (Hong Kong) Limited, and APRIL International Enterprise Pte. Ltd. (collectively, APRIL) ...............................................................................................................................................................................
Assessment Rates
DEPARTMENT OF COMMERCE
Consistent with section 751(a)(1) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.212(b)(2),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries. Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amount indicated above for APRIL on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, we will instruct CBP to
collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification Regarding Administrative
Protective Order (APO)
This notice serves as the only
reminder to parties subject to 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 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 sanctionable violation.
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Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: January 22, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–01561 Filed 1–28–20; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
[A–570–016, C–570–017]
Notice of Initiation and Preliminary
Results of Changed Circumstances
Reviews: Certain Passenger Vehicle
and Light Truck Tires From the
People’s Republic of China
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for
changed circumstances reviews (CCRs),
the Department of Commerce
(Commerce) is initiating CCRs of the
antidumping duty (AD) and
countervailing duty (CVD) orders on
certain passenger vehicle and light truck
tires (passenger tires) from the People’s
Republic of China (China). We have
preliminarily determined that: Sailun
Group Co., Ltd. (Sailun Group) is the
successor-in-interest to Sailun Jinyu
Group Co., Ltd. (Sailun Jinyu); Sailun
(Dongying) Tire Co., Ltd. (Sailun
Dongying) is the successor-in-interest to
Shandong Jinyu Industrial Co., Ltd.
(Shandong Jinyu); and Sailun Group
(Hong Kong) Co., Ltd. (Sailun HK) is the
successor-in-interest to Sailun Jinyu
Group (Hong Kong) Co., Ltd. (Sailun
Jinyu HK). As a result, these entities
should be accorded the same treatment
previously accorded to this company
group. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable January 29, 2020.
FOR FURTHER INFORMATION CONTACT: Toni
Page at (202) 482–1398 (AD) or Andrew
Huston at (202) 482–4261 (CVD), Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 10, 2015, Commerce
published in the Federal Register the
AD and CVD Orders on passenger tires
from China.1 During the AD
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
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5193
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104.00
investigation of this proceeding,
Commerce selected Sailun Jinyu as a
mandatory respondent and found that
Sailun Jinyu, Shandong Jinyu, Sailun
Jinyu HK, as well as several other
companies were part of the Sailun Jinyu
Group and treated them as a single
entity for purposes of calculating the AD
margin.2 In the companion CVD case,
the Sailun Group has never been
selected as a mandatory respondent in
any of the proceedings and has received
the all-others CVD subsidy rate in the
investigation and subsequent
administrative reviews.3
On October 25, 2019, Sailun Jinyu
requested that Commerce conduct
expedited CCRs of the Orders to
determine that Sailun Group is the
successor-in-interest to Sailun Jinyu,
Sailun Dongying is the successor-ininterest to Shandong Jinyu, and Sailun
HK is the successor-in-interest to Sailun
Jinyu HK.4 Commerce continued to treat
the Sailun Jinyu Group as a single entity
through subsequent AD administrative
reviews.5 In its requests, Sailun Jinyu
addressed the factors Commerce
analyzes with respect to successor-ininterest determinations in the AD and
CVD context, and provided
documentation in support.6 Commerce
received no comments from interested
parties on Sailun Jinyu’s CCR requests.
On December 6, 2019, Commerce
extended the deadline to determine
whether to initiate the CCR by 45 days,
until January 23, 2020 7 in accordance
with 19 CFR 351.302(b). On December
10, 2019, Commerce requested
additional information from Sailun
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (Orders).
2 See Sailun Jinyu’s Letter, ‘‘Sailun Request for a
Changed Circumstances Review in Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China, Case No. A–570–016,’’
dated October 25, 2019 (AD CCR Request).
3 See Sailun Jinyu’s Letter, ‘‘Sailun Request for a
Changed Circumstances Review in Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China, Case No. C–570–017,’’
dated October 25, 2019 (CVD CCR Request).
4 See AD CCR Request; and CVD CCR Request.
5 See AD CCR Request at 5.
6 See AD CCR Request; and CVD CCR Request.
7 See Memorandum, ‘‘Initiation of Changed
Circumstances Reviews: Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China,’’ dated December 6, 2019.
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Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Notices
Jinyu,8 and Sailun Jinyu responded to
this request on December 20, 2019.9
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Scope of the Orders
The scope of these orders is passenger
vehicle and light truck tires. Passenger
vehicle and light truck tires are new
pneumatic tires, of rubber, with a
passenger vehicle or light truck size
designation. Tires covered by this order
may be tube-type, tubeless, radial, or
non-radial, and they may be intended
for sale to original equipment
manufacturers or the replacement
market.
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 the following prefixes or suffix in
their tire size designation, which also
appears on the sidewall of the tire:
Prefix designations:
P–Identifies a tire intended primarily
for service on passenger cars
LT–Identifies a tire intended
primarily for service on light trucks
Suffix letter designations:
LT–Identifies light truck tires for
service on trucks, buses, trailers,
and multipurpose passenger
vehicles used in nominal highway
service.
All tires with a ‘‘P’’ or ‘‘LT’’ prefix,
and all tires with an ‘‘LT’’ suffix in their
sidewall markings are covered by this
investigation regardless of their
intended use. In addition, all tires that
lack a ‘‘P’’ or ‘‘LT’’ prefix or suffix in
their sidewall markings, as well as all
tires that include any other prefix or
suffix in their sidewall markings, are
included in the scope, regardless of
their intended use, as long as the tire is
of a size that is among the numerical
size designations listed in the passenger
car section or light truck 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.
Passenger vehicle and light truck
tires, whether or not attached to wheels
or rims, are included in the scope.
However, if a subject tire is imported
attached to a wheel or rim, only the tire
is covered by the scope.
Specifically excluded from the scope
are the following types of tires:
8 See Commerce’s Letter, ‘‘Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China Changed Circumstances Review
Request Questionnaire,’’ dated December 10, 2019.
9 See Sailun Jinyu’s Letter, ‘‘Sailun Questionnaire
Response in the CVD Changed Circumstances
Review of Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China,
Case No. C–570–017,’’ dated December 20, 2019
(Sailun Jinyu CCR Response).
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(1) Racing car tires; such tires do not
bear the symbol ‘‘DOT’’ on the sidewall
and may be marked with ‘‘ZR’’ in size
designation;
(2) new pneumatic tires, of rubber, of
a size that is not listed in the passenger
car section or light truck section of the
Tire and Rim Association Year Book;
(3) pneumatic tires, of rubber, that are
not new, including recycled and
retreaded tires;
(4) non-pneumatic tires, such as solid
rubber tires;
(5) tires designed and marketed
exclusively as temporary use spare tires
for passenger vehicles which, in
addition, exhibit each of the following
physical characteristics:
(a) The size designation and load
index combination molded on the tire’s
sidewall are listed in Table PCT–1B
(‘‘T’’ Type Spare Tires for Temporary
Use on Passenger Vehicles) of the Tire
and Rim Association Year Book,
(b) the designation ‘‘T’’ is molded into
the tire’s sidewall as part of the size
designation, and,
(c) the tire’s speed rating is molded on
the sidewall, indicating the rated speed
in MPH or a letter rating as listed by
Tire and Rim Association Year Book,
and the rated speed is 81 MPH or a ‘‘M’’
rating;
(6) tires designed and marketed
exclusively for specialty tire (ST) use
which, in addition, exhibit each of the
following conditions:
(a) The size designation molded on
the tire’s sidewall is listed in the ST
sections of the Tire and Rim Association
Year Book,
(b) the designation ‘‘ST’’ is molded
into the tire’s sidewall as part of the size
designation,
(c) the tire incorporates a warning,
prominently molded on the sidewall,
that the tire is ‘‘For Trailer Service
Only’’ or ‘‘For Trailer Use Only’’,
(d) the load index molded on the tire’s
sidewall meets or exceeds those load
indexes listed in the Tire and Rim
Association Year Book for the relevant
ST tire size, and
(e) either
(i) the tire’s speed rating is molded on
the sidewall, indicating the rated speed
in MPH or a letter rating as listed by
Tire and Rim Association Year Book,
and the rated speed does not exceed 81
MPH or an ‘‘M’’ rating; or
(ii) the tire’s speed rating molded on
the sidewall is 87 MPH or an ‘‘N’’ rating,
and in either case the tire’s maximum
pressure and maximum load limit are
molded on the sidewall and either
(1) both exceed the maximum
pressure and maximum load limit for
any tire of the same size designation in
either the passenger car or light truck
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section of the Tire and Rim Association
Year Book; or
(2) if the maximum cold inflation
pressure molded on the tire is less than
any cold inflation pressure listed for
that size designation in either the
passenger car or light truck section of
the Tire and Rim Association Year
Book, the maximum load limit molded
on the tire is higher than the maximum
load limit listed at that cold inflation
pressure for that size designation in
either the passenger car or light truck
section of the Tire and Rim Association
Year Book;
(7) tires designed and marketed
exclusively for off-road use and which,
in addition, exhibit each of the
following physical characteristics:
(a) The size designation and load
index combination molded on the tire’s
sidewall are listed in the off-the-road,
agricultural, industrial or ATV section
of the Tire and Rim Association Year
Book,
(b) in addition to any size designation
markings, the tire incorporates a
warning, prominently molded on the
sidewall, that the tire is ‘‘Not For
Highway Service’’ or ‘‘Not for Highway
Use’’,
(c) the tire’s speed rating is molded on
the sidewall, indicating the rated speed
in MPH or a letter rating as listed by the
Tire and Rim Association Year Book,
and the rated speed does not exceed 55
MPH or a ‘‘G’’ rating, and
(d) the tire features a recognizable offroad tread design.
The products covered by this order
are currently classified under the
following Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 4011.10.10.10,
4011.10.10.20, 4011.10.10.30,
4011.10.10.40, 4011.10.10.50,
4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and
4011.20.50.10. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.45.10, 4011.99.45.50,
4011.99.85.10, 4011.99.85.50,
8708.70.45.45, 8708.70.45.60,
8708.70.60.30, 8708.70.60.45, and
8708.70.60.60. While HTSUS
subheadings are provided for
convenience and for customs purposes,
the written description of the subject
merchandise is dispositive.
Initiation of Changed Circumstances
Reviews
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216, Commerce will
conduct a CCR upon a request from an
interested party for a review of an AD
or CVD order which shows changed
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circumstances sufficient to warrant a
review of the orders. The information
submitted by Sailun Jinyu supporting its
claim that Sailun Group is the
successor-in-interest to Sailun Jinyu,
Sailun Dongying is the successor-ininterest to Shandong Jinyu, and Sailun
HK is the successor-in-interest to Sailun
Jinyu HK demonstrates both good cause
and changed circumstances sufficient to
initiate these reviews.10
Sailun Jinyu argues that Commerce’s
practice is to grant expedited successorin-interest status to new companies
when the evidence confirms that the
company has merely changed its
name.11 Sailun Jinyu notes that in the
Aspirin from China CCR, Commerce
stated that the company under review
demonstrated sufficient good cause in
accordance with 19 CFR 351.216(c)
because the company had only
undergone a change in name.12 The
information submitted by Sailun Jinyu
demonstrates that its and its entities’
requests are based solely on changes to
their respective company names.
Specifically, Sailun Jinyu provided a
company announcement explaining
how it and its affiliates changed their
company names as part of a re-branding
strategy.13
Therefore, in accordance with the
above-referenced regulation, Commerce
is initiating CCRs to determine whether
Sailun Group is the successor-in-interest
to Sailun Jinyu, Sailun Dongying is the
successor-in-interest to Shandong Jinyu,
and Sailun HK is the successor-ininterest to Sailun Jinyu HK.
Preliminary Results
When it concludes that expedited
action is warranted, Commerce may
publish the notice of initiation and
preliminary results of a CCR
concurrently.14 Commerce has
combined the notice of initiation and
preliminary results in successor-ininterest CCRs when sufficient
documentation has been provided
supporting the request to make a
preliminary determination.15 In this
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10 See
19 CFR 351.216.
11 See AD CCR Request at 3; and CVD CCR
Request at 3 (citing Bulk Aspirin from the People’s
Republic of China; Initiation of Changed
Circumstances Antidumping Duty Administrative
Review, 67 FR 39344 (June 7, 2002) (Aspirin from
China CCR).
12 See AD CCR Request at 3; and CVD CCR
Request at 3.
13 See AD CCR Request at 6 and Exhibit 2; see
also CVD CCR Request at 5 and Exhibit 1.
14 See 19 CFR 351.221(c)(3)(ii).
15 See, e.g., Multilayered Wood Flooring from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews, 82 FR 9561 (February 7, 2017), unchanged
in Multilayered Wood Flooring from the People’s
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instance, because we have on the record
information to support the request for
AD and CVD preliminary
determinations, we find that expedited
action is warranted, and we are
combining the notice of initiation and
the notice of preliminary results, in
accordance with 19 CFR
351.221(c)(3)(ii).
AD Methodology
In a CCR, Commerce generally
considers a company to be the successor
to another company for AD cash deposit
purposes if the operations of the
successor are not materially dissimilar
from those of its predecessor.16 In
making an AD CCR determination,
Commerce examines a number of factors
including, but not limited to, changes
in: (1) Management; (2) production; (3)
suppliers; and (4) customer base.17
While none of these factors is
dispositive, Commerce will generally
consider one company to be the
successor to another if its resulting
operation is essentially the same as that
of its predecessor.18 Thus, if the
evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the prior company, Commerce will
assign the new company the cash
deposit rate of its predecessor.19 In its
CCR submission, Sailun Jinyu provided
evidence demonstrating that the
successor companies’ operations are not
materially dissimilar from those of the
predecessors. Specifically, all three of
the new Sailun Group entities will be
managed and operated by the same
management teams as those of their
predecessors.20 Further, there is no
change in the Sailun Jinyu Group’s
production facilities as a result the
Republic of China: Final Results of Changed
Circumstances Reviews, 82 FR 14691 (March 22,
2017) (Wood Flooring from China 2017 CCR).
16 Id.
17 See Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring from the People’s
Republic of China, 79 FR 48117, 48118 (August 15,
2014), unchanged in Multilayered Wood Flooring
from the People’s Republic of China: Final Results
of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
18 Id.
19 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), unchanged in 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).
20 See AD CCR Request at 9, 10, 12 and Exhibits
3c, 4c, and 5b.
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5195
name changes.21 Finally, there have
been no significant changes to the
companies’ suppliers or customer
base.22 Based on the foregoing, we
preliminarily determine that Sailun
Group is the successor-in-interest to
Sailun Jinyu, Sailun Dongying is the
successor-in-interest to Shandong Jinyu,
and Sailun HK is the successor-ininterest to Sailun Jinyu HK. As such,
these entities are entitled to the Sailun
Jinyu Group’s AD cash deposit rate with
respect to entries of subject
merchandise.
CVD Methodology
As a general rule, in a CVD CCR,
Commerce will make an affirmative
CVD successorship finding (i.e., that the
respondent company is the same
subsidized entity for CVD cash deposit
purposes as the predecessor company)
where there is no evidence of significant
changes in the respondent’s: (1)
Operations; (2) ownership; and (3)
corporate and legal structure during the
relevant period (i.e., the ‘‘look-back
window’’) that could have affected the
nature and extent of the respondent’s
subsidy levels.23 Where Commerce
makes an affirmative CVD successorship
finding, the successor’s merchandise
will be entitled to enter under the
predecessor’s cash deposit rate.24 Here,
we find no evidence of significant
changes between Sailun Jinyu,
Shandong Jinyu, and Sailun Jinyu HK,
and the successor in interest companies,
respectively, Sailun Group, Sailun
Dongying and Sailun HK’s operations,
ownership, or their corporate or legal
structure that could have had an impact
on Sailun Group, Sailun Dongying, and
Sailun HK’s subsidy levels.25
Specifically, all record information with
respect to Sailun Group, Sailun
Dongying, and Sailun HK’s trading
operations,26 shareholders, and
corporate and legal structures 27
demonstrates that these companies are
the same subsidized entities as their
21 Id.
at 9 and Exhibits 3d and 4d.
at 10 and Exhibits 3e, 3f, 4e, 4f, 5c, and 5d.
23 See Certain Pasta from Turkey: Preliminary
Results of Countervailing Duty Changed
Circumstances Review, 74 FR 47225 (September 15,
2009). Here, the relevant period, or ‘‘look-back
window,’’ is December 31, 2018 (end of the period
of review associated with the most recent
opportunity to request an administrative review)
through October 25, 2019 (date of the CVD CCR
request).
24 See Wood Flooring from China 2017 CCR.
25 See CVD CCR Request; and Sailun Jinyu CCR
Response.
26 See CVD CCR Request at Exhibits 2e, 2f, 3e, 3f,
4c and 4d; and Sailun Jinyu CCR Response at 3.
27 See CVD CCR Request at Exhibits 2a, 2b, 2c, 2d,
3a, 3b, 3c, 4a, 4b and 4c; and Sailun Jinyu CCR
Response at 4.
22 Id.
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predecessors.28 Accordingly, we
preliminarily determine that Sailun
Group, Sailun Dongying, and Sailun HK
are the successors-in-interest to Sailun
Jinyu, Shandong Jinyu, and Sailun Jinyu
HK, respectively, and, as such, that it
they are entitled to Sailun Jinyu,
Shandong Jinyu, and Sailun Jinyu HK’s
CVD cash deposit rate with respect to
entries of subject merchandise.
Should our final results remain the
same as these preliminary results, we
will instruct U.S. Customs and Border
Protection to assign entries of subject
merchandise exported by Sailun Group,
Sailun Dongying, and Sailun HK the AD
and CVD cash deposit rates applicable
to Sailun Jinyu, Shandong Jinyu, and
Sailun Jinyu HK, effective the date of
publication of the final results.
Public Comment
Any interested party may request a
hearing within 14 days of publication of
this notice, in accordance with 19 CFR
351.310(c). Interested parties may
submit case briefs and/or written
comments no later than 14 days after the
date of publication of this notice.29
Rebuttal briefs and rebuttals to written
comments, which must be limited to
issues raised in such briefs or
comments, may be filed not later than
7 days after the case briefs.30 Any
hearing, if requested, will normally be
held two days after rebuttal briefs/
comments are due, in accordance with
19 CFR 351.310(d)(1). Parties who
submit case briefs or rebuttal briefs in
these CCRs are requested to submit with
each argument (1) a statement of the
issue, and (2) a brief summary of the
argument with an electronic version
included. Consistent with 19 CFR
351.216(e), we will issue the final
results of these CCRs no later than 270
days after the date on which these
reviews were initiated or within 45 days
of publication of these preliminary
results if all parties agree to our
preliminary findings.
Notification to Interested Parties
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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, and 19 CFR
351.216 and 351.221(c)(3).
28 See
CVD CCR Request at Exhibit 1.
is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
30 Commerce is exercising its discretion under 19
CFR 351.309(d)(1) to alter the time limit for the
filing of rebuttal briefs.
29 Commerce
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Dated: January 22, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–01560 Filed 1–28–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 181019964–9283–01]
RIN 0648–XG584
Request for Public Comment
Regarding Proposed Waiver and
Regulations Governing the Taking of
Marine Mammals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS has proposed to grant
a waiver of the Marine Mammal
Protection Act’s moratorium on the take
of marine mammals to allow the Makah
Indian Tribe to take a limited number of
Eastern North Pacific gray whales. A
formal hearing took place on November
14–21, 2019 before Administrative Law
Judge George J. Jordan in the Henry M.
Jackson Federal Building, 915 Second
Avenue, Seattle, WA 98174. NMFS now
requests public comment on the
proposed waiver and proposed
regulations.
DATES: Comments must be submitted in
writing by March 16, 2020.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2019–0037, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190037, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Attn: Steve Stone, NMFS
West Coast Region, 1201 NE Lloyd
Blvd., Suite 1100, Portland, OR 97232–
1274. Include the identifier ‘‘NOAA–
NMFS–2019–0037’’ in the comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
SUMMARY:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Michael Milstein, NMFS West Coast
Region, 1201 NE Lloyd Blvd., Suite
1100, Portland, OR 97232–1274; 503–
231–6268.
SUPPLEMENTARY INFORMATION: On
February 14, 2005, NMFS received a
request from the Makah Indian Tribe for
a waiver of the MMPA moratorium on
the take of marine mammals to allow for
take of ENP gray whales (Eschrichtius
robustus). The Tribe requested that
NMFS authorize a tribal hunt for ENP
gray whales in the coastal portion of the
Tribe’s usual and accustomed fishing
area for ceremonial and subsistence
purposes and the making and sale of
handicrafts. The MMPA imposes a
general moratorium on the taking of
marine mammals but authorizes the
Secretary of Commerce to waive the
moratorium and issue regulations
governing the take if certain statutory
criteria are met.
On April 5, 2019, NMFS published a
Notice of Hearing and the associated
proposed regulations in the Federal
Register (84 FR 13639 and 84 FR
13604). Pursuant to an interagency
agreement, a Coast Guard
Administrative Law Judge was assigned
to conduct the formal hearing and issue
a recommended decision in this matter
under the procedures set forth at 50 CFR
part 228.
On November 14, 2019, Judge George
J. Jordan commenced the hearing in this
matter, which took place over six days.
The hearing was publicly conducted
and reported verbatim by an official
reporter. All filings associated with the
hearing, including a full transcript of
the hearing, are available for public
viewing and inspection at https://
www.uscg.mil/Resources/
Administrative-Law-Judges/Decisions/
ALJ-Decisions-2016/NOAA-FormalRulemaking-Makah-Tribe/. Information
pertaining to this hearing is also
available at the NMFS West Coast
Region website: https://
www.fisheries.noaa.gov/action/formalrulemaking-proposed-mmpa-waiverand-hunt-regulations-governing-graywhale-hunts-makah.
The regulations governing this
proceeding permit any interested person
to file written comments on the
proposed regulations and waiver,
including proposed findings and
E:\FR\FM\29JAN1.SGM
29JAN1
]]>Agencies
[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Notices]
[Pages 5193-5196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01560]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016, C-570-017]
Notice of Initiation and Preliminary Results of Changed
Circumstances Reviews: Certain Passenger Vehicle and Light Truck Tires
From the People's Republic of China
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for changed circumstances reviews
(CCRs), the Department of Commerce (Commerce) is initiating CCRs of the
antidumping duty (AD) and countervailing duty (CVD) orders on certain
passenger vehicle and light truck tires (passenger tires) from the
People's Republic of China (China). We have preliminarily determined
that: Sailun Group Co., Ltd. (Sailun Group) is the successor-in-
interest to Sailun Jinyu Group Co., Ltd. (Sailun Jinyu); Sailun
(Dongying) Tire Co., Ltd. (Sailun Dongying) is the successor-in-
interest to Shandong Jinyu Industrial Co., Ltd. (Shandong Jinyu); and
Sailun Group (Hong Kong) Co., Ltd. (Sailun HK) is the successor-in-
interest to Sailun Jinyu Group (Hong Kong) Co., Ltd. (Sailun Jinyu HK).
As a result, these entities should be accorded the same treatment
previously accorded to this company group. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable January 29, 2020.
FOR FURTHER INFORMATION CONTACT: Toni Page at (202) 482-1398 (AD) or
Andrew Huston at (202) 482-4261 (CVD), Office VII, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, Commerce published in the Federal Register the
AD and CVD Orders on passenger tires from China.\1\ During the AD
investigation of this proceeding, Commerce selected Sailun Jinyu as a
mandatory respondent and found that Sailun Jinyu, Shandong Jinyu,
Sailun Jinyu HK, as well as several other companies were part of the
Sailun Jinyu Group and treated them as a single entity for purposes of
calculating the AD margin.\2\ In the companion CVD case, the Sailun
Group has never been selected as a mandatory respondent in any of the
proceedings and has received the all-others CVD subsidy rate in the
investigation and subsequent administrative reviews.\3\
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (Orders).
\2\ See Sailun Jinyu's Letter, ``Sailun Request for a Changed
Circumstances Review in Certain Passenger Vehicle and Light Truck
Tires from the People's Republic of China, Case No. A-570-016,''
dated October 25, 2019 (AD CCR Request).
\3\ See Sailun Jinyu's Letter, ``Sailun Request for a Changed
Circumstances Review in Certain Passenger Vehicle and Light Truck
Tires from the People's Republic of China, Case No. C-570-017,''
dated October 25, 2019 (CVD CCR Request).
---------------------------------------------------------------------------
On October 25, 2019, Sailun Jinyu requested that Commerce conduct
expedited CCRs of the Orders to determine that Sailun Group is the
successor-in-interest to Sailun Jinyu, Sailun Dongying is the
successor-in-interest to Shandong Jinyu, and Sailun HK is the
successor-in-interest to Sailun Jinyu HK.\4\ Commerce continued to
treat the Sailun Jinyu Group as a single entity through subsequent AD
administrative reviews.\5\ In its requests, Sailun Jinyu addressed the
factors Commerce analyzes with respect to successor-in-interest
determinations in the AD and CVD context, and provided documentation in
support.\6\ Commerce received no comments from interested parties on
Sailun Jinyu's CCR requests. On December 6, 2019, Commerce extended the
deadline to determine whether to initiate the CCR by 45 days, until
January 23, 2020 \7\ in accordance with 19 CFR 351.302(b). On December
10, 2019, Commerce requested additional information from Sailun
[[Page 5194]]
Jinyu,\8\ and Sailun Jinyu responded to this request on December 20,
2019.\9\
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\4\ See AD CCR Request; and CVD CCR Request.
\5\ See AD CCR Request at 5.
\6\ See AD CCR Request; and CVD CCR Request.
\7\ See Memorandum, ``Initiation of Changed Circumstances
Reviews: Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China,'' dated December 6, 2019.
\8\ See Commerce's Letter, ``Certain Passenger Vehicle and Light
Truck Tires from the People's Republic of China Changed
Circumstances Review Request Questionnaire,'' dated December 10,
2019.
\9\ See Sailun Jinyu's Letter, ``Sailun Questionnaire Response
in the CVD Changed Circumstances Review of Certain Passenger Vehicle
and Light Truck Tires from the People's Republic of China, Case No.
C-570-017,'' dated December 20, 2019 (Sailun Jinyu CCR Response).
---------------------------------------------------------------------------
Scope of the Orders
The scope of these orders is passenger vehicle and light truck
tires. Passenger vehicle and light truck tires are new pneumatic tires,
of rubber, with a passenger vehicle or light truck size designation.
Tires covered by this order may be tube-type, tubeless, radial, or non-
radial, and they may be intended for sale to original equipment
manufacturers or the replacement market.
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 the following
prefixes or suffix in their tire size designation, which also appears
on the sidewall of the tire:
Prefix designations:
P-Identifies a tire intended primarily for service on passenger
cars
LT-Identifies a tire intended primarily for service on light trucks
Suffix letter designations:
LT-Identifies light truck tires for service on trucks, buses,
trailers, and multipurpose passenger vehicles used in nominal highway
service.
All tires with a ``P'' or ``LT'' prefix, and all tires with an
``LT'' suffix in their sidewall markings are covered by this
investigation regardless of their intended use. In addition, all tires
that lack a ``P'' or ``LT'' prefix or suffix in their sidewall
markings, as well as all tires that include any other prefix or suffix
in their sidewall markings, are included in the scope, regardless of
their intended use, as long as the tire is of a size that is among the
numerical size designations listed in the passenger car section or
light truck 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.
Passenger vehicle and light truck tires, whether or not attached to
wheels or rims, are included in the scope. However, if a subject tire
is imported attached to a wheel or rim, only the tire is covered by the
scope.
Specifically excluded from the scope are the following types of
tires:
(1) Racing car tires; such tires do not bear the symbol ``DOT'' on
the sidewall and may be marked with ``ZR'' in size designation;
(2) new pneumatic tires, of rubber, of a size that is not listed in
the passenger car section or light truck section of the Tire and Rim
Association Year Book;
(3) pneumatic tires, of rubber, that are not new, including
recycled and retreaded tires;
(4) non-pneumatic tires, such as solid rubber tires;
(5) tires designed and marketed exclusively as temporary use spare
tires for passenger vehicles which, in addition, exhibit each of the
following physical characteristics:
(a) The size designation and load index combination molded on the
tire's sidewall are listed in Table PCT-1B (``T'' Type Spare Tires for
Temporary Use on Passenger Vehicles) of the Tire and Rim Association
Year Book,
(b) the designation ``T'' is molded into the tire's sidewall as
part of the size designation, and,
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed is 81 MPH or a ``M'' rating;
(6) tires designed and marketed exclusively for specialty tire (ST)
use which, in addition, exhibit each of the following conditions:
(a) The size designation molded on the tire's sidewall is listed in
the ST sections of the Tire and Rim Association Year Book,
(b) the designation ``ST'' is molded into the tire's sidewall as
part of the size designation,
(c) the tire incorporates a warning, prominently molded on the
sidewall, that the tire is ``For Trailer Service Only'' or ``For
Trailer Use Only'',
(d) the load index molded on the tire's sidewall meets or exceeds
those load indexes listed in the Tire and Rim Association Year Book for
the relevant ST tire size, and
(e) either
(i) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by Tire and Rim
Association Year Book, and the rated speed does not exceed 81 MPH or an
``M'' rating; or
(ii) the tire's speed rating molded on the sidewall is 87 MPH or an
``N'' rating, and in either case the tire's maximum pressure and
maximum load limit are molded on the sidewall and either
(1) both exceed the maximum pressure and maximum load limit for any
tire of the same size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is
less than any cold inflation pressure listed for that size designation
in either the passenger car or light truck section of the Tire and Rim
Association Year Book, the maximum load limit molded on the tire is
higher than the maximum load limit listed at that cold inflation
pressure for that size designation in either the passenger car or light
truck section of the Tire and Rim Association Year Book;
(7) tires designed and marketed exclusively for off-road use and
which, in addition, exhibit each of the following physical
characteristics:
(a) The size designation and load index combination molded on the
tire's sidewall are listed in the off-the-road, agricultural,
industrial or ATV section of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire
incorporates a warning, prominently molded on the sidewall, that the
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
(c) the tire's speed rating is molded on the sidewall, indicating
the rated speed in MPH or a letter rating as listed by the Tire and Rim
Association Year Book, and the rated speed does not exceed 55 MPH or a
``G'' rating, and
(d) the tire features a recognizable off-road tread design.
The products covered by this order are currently classified under
the following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30,
4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the
scope description may also enter under the following HTSUS subheadings:
4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 4011.99.85.50,
8708.70.45.45, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and
8708.70.60.60. While HTSUS subheadings are provided for convenience and
for customs purposes, the written description of the subject
merchandise is dispositive.
Initiation of Changed Circumstances Reviews
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce will conduct a CCR upon a
request from an interested party for a review of an AD or CVD order
which shows changed
[[Page 5195]]
circumstances sufficient to warrant a review of the orders. The
information submitted by Sailun Jinyu supporting its claim that Sailun
Group is the successor-in-interest to Sailun Jinyu, Sailun Dongying is
the successor-in-interest to Shandong Jinyu, and Sailun HK is the
successor-in-interest to Sailun Jinyu HK demonstrates both good cause
and changed circumstances sufficient to initiate these reviews.\10\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.216.
---------------------------------------------------------------------------
Sailun Jinyu argues that Commerce's practice is to grant expedited
successor-in-interest status to new companies when the evidence
confirms that the company has merely changed its name.\11\ Sailun Jinyu
notes that in the Aspirin from China CCR, Commerce stated that the
company under review demonstrated sufficient good cause in accordance
with 19 CFR 351.216(c) because the company had only undergone a change
in name.\12\ The information submitted by Sailun Jinyu demonstrates
that its and its entities' requests are based solely on changes to
their respective company names. Specifically, Sailun Jinyu provided a
company announcement explaining how it and its affiliates changed their
company names as part of a re-branding strategy.\13\
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\11\ See AD CCR Request at 3; and CVD CCR Request at 3 (citing
Bulk Aspirin from the People's Republic of China; Initiation of
Changed Circumstances Antidumping Duty Administrative Review, 67 FR
39344 (June 7, 2002) (Aspirin from China CCR).
\12\ See AD CCR Request at 3; and CVD CCR Request at 3.
\13\ See AD CCR Request at 6 and Exhibit 2; see also CVD CCR
Request at 5 and Exhibit 1.
---------------------------------------------------------------------------
Therefore, in accordance with the above-referenced regulation,
Commerce is initiating CCRs to determine whether Sailun Group is the
successor-in-interest to Sailun Jinyu, Sailun Dongying is the
successor-in-interest to Shandong Jinyu, and Sailun HK is the
successor-in-interest to Sailun Jinyu HK.
Preliminary Results
When it concludes that expedited action is warranted, Commerce may
publish the notice of initiation and preliminary results of a CCR
concurrently.\14\ Commerce has combined the notice of initiation and
preliminary results in successor-in-interest CCRs when sufficient
documentation has been provided supporting the request to make a
preliminary determination.\15\ In this instance, because we have on the
record information to support the request for AD and CVD preliminary
determinations, we find that expedited action is warranted, and we are
combining the notice of initiation and the notice of preliminary
results, in accordance with 19 CFR 351.221(c)(3)(ii).
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\14\ See 19 CFR 351.221(c)(3)(ii).
\15\ See, e.g., Multilayered Wood Flooring from the People's
Republic of China: Initiation and Preliminary Results of Antidumping
and Countervailing Duty Changed Circumstances Reviews, 82 FR 9561
(February 7, 2017), unchanged in Multilayered Wood Flooring from the
People's Republic of China: Final Results of Changed Circumstances
Reviews, 82 FR 14691 (March 22, 2017) (Wood Flooring from China 2017
CCR).
---------------------------------------------------------------------------
AD Methodology
In a CCR, Commerce generally considers a company to be the
successor to another company for AD cash deposit purposes if the
operations of the successor are not materially dissimilar from those of
its predecessor.\16\ In making an AD CCR determination, Commerce
examines a number of factors including, but not limited to, changes in:
(1) Management; (2) production; (3) suppliers; and (4) customer
base.\17\ While none of these factors is dispositive, Commerce will
generally consider one company to be the successor to another if its
resulting operation is essentially the same as that of its
predecessor.\18\ Thus, if the evidence demonstrates that, with respect
to the production and sale of the subject merchandise, the new company
operates as the same business entity as the prior company, Commerce
will assign the new company the cash deposit rate of its
predecessor.\19\ In its CCR submission, Sailun Jinyu provided evidence
demonstrating that the successor companies' operations are not
materially dissimilar from those of the predecessors. Specifically, all
three of the new Sailun Group entities will be managed and operated by
the same management teams as those of their predecessors.\20\ Further,
there is no change in the Sailun Jinyu Group's production facilities as
a result the name changes.\21\ Finally, there have been no significant
changes to the companies' suppliers or customer base.\22\ Based on the
foregoing, we preliminarily determine that Sailun Group is the
successor-in-interest to Sailun Jinyu, Sailun Dongying is the
successor-in-interest to Shandong Jinyu, and Sailun HK is the
successor-in-interest to Sailun Jinyu HK. As such, these entities are
entitled to the Sailun Jinyu Group's AD cash deposit rate with respect
to entries of subject merchandise.
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\16\ Id.
\17\ See Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Multilayered Wood Flooring from the
People's Republic of China, 79 FR 48117, 48118 (August 15, 2014),
unchanged in Multilayered Wood Flooring from the People's Republic
of China: Final Results of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
\18\ Id.
\19\ 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),
unchanged in 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).
\20\ See AD CCR Request at 9, 10, 12 and Exhibits 3c, 4c, and
5b.
\21\ Id. at 9 and Exhibits 3d and 4d.
\22\ Id. at 10 and Exhibits 3e, 3f, 4e, 4f, 5c, and 5d.
---------------------------------------------------------------------------
CVD Methodology
As a general rule, in a CVD CCR, Commerce will make an affirmative
CVD successorship finding (i.e., that the respondent company is the
same subsidized entity for CVD cash deposit purposes as the predecessor
company) where there is no evidence of significant changes in the
respondent's: (1) Operations; (2) ownership; and (3) corporate and
legal structure during the relevant period (i.e., the ``look-back
window'') that could have affected the nature and extent of the
respondent's subsidy levels.\23\ Where Commerce makes an affirmative
CVD successorship finding, the successor's merchandise will be entitled
to enter under the predecessor's cash deposit rate.\24\ Here, we find
no evidence of significant changes between Sailun Jinyu, Shandong
Jinyu, and Sailun Jinyu HK, and the successor in interest companies,
respectively, Sailun Group, Sailun Dongying and Sailun HK's operations,
ownership, or their corporate or legal structure that could have had an
impact on Sailun Group, Sailun Dongying, and Sailun HK's subsidy
levels.\25\ Specifically, all record information with respect to Sailun
Group, Sailun Dongying, and Sailun HK's trading operations,\26\
shareholders, and corporate and legal structures \27\ demonstrates that
these companies are the same subsidized entities as their
[[Page 5196]]
predecessors.\28\ Accordingly, we preliminarily determine that Sailun
Group, Sailun Dongying, and Sailun HK are the successors-in-interest to
Sailun Jinyu, Shandong Jinyu, and Sailun Jinyu HK, respectively, and,
as such, that it they are entitled to Sailun Jinyu, Shandong Jinyu, and
Sailun Jinyu HK's CVD cash deposit rate with respect to entries of
subject merchandise.
---------------------------------------------------------------------------
\23\ See Certain Pasta from Turkey: Preliminary Results of
Countervailing Duty Changed Circumstances Review, 74 FR 47225
(September 15, 2009). Here, the relevant period, or ``look-back
window,'' is December 31, 2018 (end of the period of review
associated with the most recent opportunity to request an
administrative review) through October 25, 2019 (date of the CVD CCR
request).
\24\ See Wood Flooring from China 2017 CCR.
\25\ See CVD CCR Request; and Sailun Jinyu CCR Response.
\26\ See CVD CCR Request at Exhibits 2e, 2f, 3e, 3f, 4c and 4d;
and Sailun Jinyu CCR Response at 3.
\27\ See CVD CCR Request at Exhibits 2a, 2b, 2c, 2d, 3a, 3b, 3c,
4a, 4b and 4c; and Sailun Jinyu CCR Response at 4.
\28\ See CVD CCR Request at Exhibit 1.
---------------------------------------------------------------------------
Should our final results remain the same as these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by Sailun Group, Sailun
Dongying, and Sailun HK the AD and CVD cash deposit rates applicable to
Sailun Jinyu, Shandong Jinyu, and Sailun Jinyu HK, effective the date
of publication of the final results.
Public Comment
Any interested party may request a hearing within 14 days of
publication of this notice, in accordance with 19 CFR 351.310(c).
Interested parties may submit case briefs and/or written comments no
later than 14 days after the date of publication of this notice.\29\
Rebuttal briefs and rebuttals to written comments, which must be
limited to issues raised in such briefs or comments, may be filed not
later than 7 days after the case briefs.\30\ Any hearing, if requested,
will normally be held two days after rebuttal briefs/comments are due,
in accordance with 19 CFR 351.310(d)(1). Parties who submit case briefs
or rebuttal briefs in these CCRs are requested to submit with each
argument (1) a statement of the issue, and (2) a brief summary of the
argument with an electronic version included. Consistent with 19 CFR
351.216(e), we will issue the final results of these CCRs no later than
270 days after the date on which these reviews were initiated or within
45 days of publication of these preliminary results if all parties
agree to our preliminary findings.
---------------------------------------------------------------------------
\29\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\30\ Commerce is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for the filing of rebuttal
briefs.
---------------------------------------------------------------------------
Notification to Interested Parties
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, and 19 CFR 351.216 and 351.221(c)(3).
Dated: January 22, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-01560 Filed 1-28-20; 8:45 am]
BILLING CODE 3510-DS-P
