Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Remand Proceeding and Reopening of 2017-2018 Antidumping Duty Administrative Review Record, 59367-59369 [2021-23429]
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Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
March 31, 2021, Commerce initiated,2
and on April 1, 2021, the ITC
instituted,3 sunset reviews of the
Orders, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).
As a result of its reviews, Commerce
determined, pursuant to sections
751(c)(1) and 752(c) of the Act, that
revocation of the Orders would likely
lead to continuation or recurrence of
dumping and countervailable subsidies.
Commerce, therefore, notified the ITC of
the magnitude of the margins of
dumping and net subsidies rates likely
to prevail should these Orders be
revoked.4
On October 21, 2021, the ITC
published its determination that
revocation of the Orders would likely
lead to a continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time, pursuant to sections
751(c) and 752(a) of the Act.5
lotter on DSK11XQN23PROD with NOTICES1
Scope of the Orders
The merchandise covered by the
Orders is PRCBs, which may be referred
to as t-shirt sacks, merchandise bags,
grocery bags, or checkout bags. The
subject merchandise is defined as nonsealable sacks and bags with handles
(including drawstrings), without zippers
or integral extruded closures, with or
without gussets, with or without
printing, of polyethylene film having a
thickness no greater than 0.035 inch
(0.889 mm) and no less than 0.00035
inch (0.00889 mm), and with no length
Retail Carrier Bags from Indonesia, Taiwan, and the
Socialist Republic of Vietnam, 75 FR 23667 (May
4, 2010); and Polyethylene Retail Carrier Bags from
the Socialist Republic of Vietnam: Countervailing
Duty Order, 75 FR 23670 (May 4, 2010)
(collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 86
FR 16701 (March 31, 2021).
3 See Polyethylene Retail Carrier Bags from China,
Indonesia, Malaysia, Taiwan, Thailand, and
Vietnam; Institution of Five-Year Reviews, 86 FR
17200 (April 1, 2021).
4 See Polyethylene Retail Carrier Bags from
Indonesia, Malaysia, the People’s Republic of
China, Taiwan, Thailand, and the Socialist
Republic of Vietnam: Final Results of the Expedited
Sunset Reviews of the Antidumping Duty Orders, 86
FR 35478 (July 6, 2021), and accompanying Issues
and Decision Memorandum (IDM); see also
Polyethylene Retail Carrier Bags from the Socialist
Republic of Vietnam: Final Results of the Expedited
Second Five-Year Sunset Review of the
Countervailing Duty Order, 86 FR 43626 (August
10, 2021), and accompanying IDM.
5 See Polyethylene Retail Carrier Bags from China,
Indonesia, Malaysia, Taiwan, Thailand, and
Vietnam; (Inv. Nos. 701–TA–462 and 731–TA–
1156–1158 (Second Review) and 731–TA–1043–
1045 (Third Review)), 86 FR 58301 (October 21,
2021), see also Polyethylene Retail Carrier Bags
from China, Indonesia, Malaysia, Taiwan,
Thailand, and Vietnam (Inv. Nos. 701–TA–462 and
731–TA–1156–1158 (Second Review) and 731–
TA1043–1045 (Third Review), USITC Pub. 5233
(October 2021).
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16:47 Oct 26, 2021
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59367
or width shorter than 6 inches (15.24
cm) or longer than 40 inches (101.6 cm).
The depth of the bag may be shorter
than 6 inches but not longer than 40
inches (101.6 cm).
PRCBs are typically provided without
any consumer packaging and free of
charge by retail establishments, e.g.,
grocery, drug, convenience, department,
specialty retail, discount stores, and
restaurants, to their customers to
package and carry their purchased
products. The scope of the orders
excludes (1) polyethylene bags that are
not printed with logos or store names
and that are closeable with drawstrings
made of polyethylene film and (2)
polyethylene bags that are packed in
consumer packaging with printing that
refers to specific end-uses other than
packaging and carrying merchandise
from retail establishments, e.g., garbage
bags, lawn bags, trash-can liners.
As a result of changes to the
Harmonized Tariff Schedule of the
United States (HTSUS), imports of the
subject merchandise are currently
classifiable under statistical category
3923.21.0085 of the HTSUS.
Furthermore, although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the Orders is
dispositive.6
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a),
Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
The effective date of the continuation
of these Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year (sunset)
reviews of these Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
AGENCY:
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to APO of
their responsibility concerning the
return, destruction, or conversion to
6 See
PO 00000
Orders.
Frm 00008
Fmt 4703
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Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: October 21, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2021–23375 Filed 10–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Notice of Remand
Proceeding and Reopening of 2017–
2018 Antidumping Duty Administrative
Review Record
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting a remand of
the 2017–2018 administrative review of
the antidumping duty (AD) order on
certain passenger vehicle and light truck
tires from the People’s Republic of
China (China), which includes a limited
reopening of the record. Commerce
received a notification from U.S.
Customs and Border Protection (CBP)
that it found discrepancies and
inaccuracies between the sales
information certain parties reported
during the 2017–2018 administrative
review and that reported to CBP at the
time of entry. Accordingly, Commerce
intends to reopen the record of the
2017–2018 AD administrative review
and reconsider the final results of the
2017–2018 review. Commerce is
providing notice of the remand and the
reopening of the record, and further,
inviting participation from interested
parties.
DATES:
Applicable October 27, 2021.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo, AD/CVD Operations,
Office VII, Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
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59368
Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3979.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Background
On April 22, 2020, Commerce
published in the Federal Register the
final results of the administrative review
of the AD order on passenger tires from
China covering the period August 1,
2017, through July 31, 2018.1
Pirelli Tyre Co., Ltd., Pirelli Tyre
S.p.A, and Pirelli Tire LLC (collectively,
Pirelli) challenged the 2017–2018 Final
Results and sought review by the U.S.
Court of International Trade (CIT).
Pirelli moved for the proceedings to be
stayed until a final decision was
rendered in the appeal of China
Manufacturers Alliance, LLC v. United
States.2 The CIT granted the motion and
stayed the proceedings.
On May 20, 2021, CBP notified
Commerce that it had identified
inaccuracies in the sales prices on
imports of passenger tires from China
reported to Commerce during the 2017–
2018 administrative review.3
Specifically, CBP compared the
questionnaire responses submitted by
mandatory respondent Shandong New
Continent (SNC) to Commerce with CBP
importation records and found
significant undervaluation.4 According
to the CBP referral memorandum, the
values submitted to CBP were
approximately $2.6 million lower than
the values submitted to Commerce.5 The
CBP referral memorandum raises
serious concerns and questions
regarding the U.S. sales information
reported by SNC during the 2017–2018
administrative review. Commerce used
SNC’s U.S. sales information to
calculate its company specific weightedaverage dumping margin, and SNC’s
margin served as the basis for the rate
assigned to the non-individually
examined respondents eligible for a
separate rate.6
As a result, the United States
requested that the CIT remand the
administrative review for Commerce to
evaluate the information provided by
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2017–2018, 85 FR 22396 (April 22, 2020)
(2017–2018 Final Results), and accompanying
Issues and Decision Memorandum.
2 See 357 F. Supp. 3d 1364 (2019).
3 See Memorandum, ‘‘Referral Memorandum from
U.S. Customs and Border Protection on the
Misreporting of Sales Information for Entries
Covered in the 2017–2018 Antidumping Duty
Administrative Review,’’ dated concurrently with
this notice (CBP Referral Memorandum).
4 Id. at 1.
5 Id.
6 See 2017–2018 Final Results.
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16:47 Oct 26, 2021
Jkt 256001
CBP and further examine the issue. On
September 20, 2021, the CIT lifted the
stay on the action and granted the
United States’ motion for remand.7
Notification to Interested Parties
Commerce is hereby notifying
interested parties of the remand of the
2017–2018 administrative review and
the reopening of the record. We intend
to place CBP’s referral letter and
accompanying information on the
record of this remand proceeding in
Enforcement and Compliance’s
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS) within five days of
publication of this notice. We will
address the discrepancies and
inaccuracies of SNC’s sales information
in the remand proceeding concerning
this administrative review.
Commerce intends to provide
interested parties with the opportunity
to participate in this remand
proceeding, including through the
submission of comments, and, if
appropriate, new factual information
and verification. Specifically,
Commerce will notify parties on the
segment-specific service list for this
remand segment of a schedule for
comments. In addition, Commerce may
request factual information from any
person to assist in making its
determination and may verify
submissions of factual information, if
Commerce determines that such
verification is appropriate. Based on our
analysis on remand we may revise the
2017–2018 Final Results, including by
adjusting SNC’s dumping margin as
appropriate.
Parties are also hereby notified that
this is the only notice that Commerce
intends to publish in the Federal
Register concerning this remand
proceeding and reopening of the record.
Interested parties that wish to
participate in the remand proceeding,
and receive notice of the final
redetermination, must submit their
letters of appearance as discussed
below. Further, any party desiring
access to business proprietary
information in these proceedings must
file an application for access to business
proprietary information under
administrative protective order (APO),
as discussed below.
Scope of the Order
The scope of this order is passenger
vehicle and light truck tires. Passenger
vehicle and light truck tires are new
7 See Pirelli Tyre Co., Ltd., et al. v. United States,
CIT Ct. No. 20–00115, Slip Op 21–122 (September
20, 2021); see also China Manufacturers Alliance,
LLC v. United States, 1 F. 4th 1028 (Fed. Cir. 2021).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
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:
E:\FR\FM\27OCN1.SGM
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
(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,
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16:47 Oct 26, 2021
Jkt 256001
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 the 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: 4011.90.2050,
4011.99.45.10, 4011.99.45.50,
4011.99.85.10, 4011.99.85.50,
8708.70.45.30, 8708.70.45.45,
8708.70.45.46, 8708.70.45.48,
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.
Filing Requirements
All submissions to Commerce must be
filed electronically using ACCESS.8 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information.9
8 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing
System Name, 79 FR 69046 (November 20, 2014) for
details of Commerce’s electronic filing
requirements, effective August 5, 2011. Information
on help using ACCESS can be found at https://
access.trade.gov/help.aspx and a handbook can be
found at https://access.trade.gov/help/Handbook%
20on%20Electronic%20Filing%20Procedures.pdf.
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
PO 00000
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Fmt 4703
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59369
Letters of Appearance and
Administrative Protective Order
Interested parties that wish to
participate in this remand proceeding
and be added to the public service list
must file a letter of appearance in
accordance with 19 CFR 351.103(d)(1).
Interested parties must submit
applications for disclosure under the
APO in accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to this remand proceeding.
Dated: October 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–23429 Filed 10–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Deadline Extension for the
NOAA Brennan Matching Fund
Opportunity for Ocean and Coastal
Mapping
Office of Coast Survey (OCS),
National Ocean Service (NOS), National
Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Announcement to extend the
deadline for the Brennan Matching
Fund program opportunity, request for
proposals, and request for interest to
November 12, 2021; notice of
availability of a mapping data
acquisition cost estimation sheet.
AGENCY:
This notice extends the
proposal submission deadline for the
NOAA Rear Admiral Richard T.
Brennan Ocean Mapping Matching
Fund program by two weeks to
November 12, 2021. Notice of the
Brennan Matching Fund opportunity
originally appeared in the Federal
Register on July 27, 2021 (86 FR 40197,
pages 40197–40200, 2021–15970, or at:
https://www.federalregister.gov/
documents/2021/07/27/2021-15970/
notice-of-matching-fund-opportunityfor-ocean-and-coastal-mapping-andrequest-for-partnership).
DATES: Proposals must be received via
email by 5 p.m. ET on November 12,
2021, including any accompanying GIS
files. If an entity is unable to apply for
this particular opportunity but has an
interest in participating in similar,
future opportunities, NOAA requests a
SUMMARY:
COVID19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
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]]>Agencies
[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59367-59369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23429]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Notice of Remand Proceeding and Reopening of 2017-
2018 Antidumping Duty Administrative Review Record
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting a remand
of the 2017-2018 administrative review of the antidumping duty (AD)
order on certain passenger vehicle and light truck tires from the
People's Republic of China (China), which includes a limited reopening
of the record. Commerce received a notification from U.S. Customs and
Border Protection (CBP) that it found discrepancies and inaccuracies
between the sales information certain parties reported during the 2017-
2018 administrative review and that reported to CBP at the time of
entry. Accordingly, Commerce intends to reopen the record of the 2017-
2018 AD administrative review and reconsider the final results of the
2017-2018 review. Commerce is providing notice of the remand and the
reopening of the record, and further, inviting participation from
interested parties.
DATES: Applicable October 27, 2021.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, AD/CVD Operations,
Office VII, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401
[[Page 59368]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3979.
SUPPLEMENTARY INFORMATION:
Background
On April 22, 2020, Commerce published in the Federal Register the
final results of the administrative review of the AD order on passenger
tires from China covering the period August 1, 2017, through July 31,
2018.\1\
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 22396 (April 22, 2020)
(2017-2018 Final Results), and accompanying Issues and Decision
Memorandum.
---------------------------------------------------------------------------
Pirelli Tyre Co., Ltd., Pirelli Tyre S.p.A, and Pirelli Tire LLC
(collectively, Pirelli) challenged the 2017-2018 Final Results and
sought review by the U.S. Court of International Trade (CIT). Pirelli
moved for the proceedings to be stayed until a final decision was
rendered in the appeal of China Manufacturers Alliance, LLC v. United
States.\2\ The CIT granted the motion and stayed the proceedings.
---------------------------------------------------------------------------
\2\ See 357 F. Supp. 3d 1364 (2019).
---------------------------------------------------------------------------
On May 20, 2021, CBP notified Commerce that it had identified
inaccuracies in the sales prices on imports of passenger tires from
China reported to Commerce during the 2017-2018 administrative
review.\3\ Specifically, CBP compared the questionnaire responses
submitted by mandatory respondent Shandong New Continent (SNC) to
Commerce with CBP importation records and found significant
undervaluation.\4\ According to the CBP referral memorandum, the values
submitted to CBP were approximately $2.6 million lower than the values
submitted to Commerce.\5\ The CBP referral memorandum raises serious
concerns and questions regarding the U.S. sales information reported by
SNC during the 2017-2018 administrative review. Commerce used SNC's
U.S. sales information to calculate its company specific weighted-
average dumping margin, and SNC's margin served as the basis for the
rate assigned to the non-individually examined respondents eligible for
a separate rate.\6\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Referral Memorandum from U.S. Customs and
Border Protection on the Misreporting of Sales Information for
Entries Covered in the 2017-2018 Antidumping Duty Administrative
Review,'' dated concurrently with this notice (CBP Referral
Memorandum).
\4\ Id. at 1.
\5\ Id.
\6\ See 2017-2018 Final Results.
---------------------------------------------------------------------------
As a result, the United States requested that the CIT remand the
administrative review for Commerce to evaluate the information provided
by CBP and further examine the issue. On September 20, 2021, the CIT
lifted the stay on the action and granted the United States' motion for
remand.\7\
---------------------------------------------------------------------------
\7\ See Pirelli Tyre Co., Ltd., et al. v. United States, CIT Ct.
No. 20-00115, Slip Op 21-122 (September 20, 2021); see also China
Manufacturers Alliance, LLC v. United States, 1 F. 4th 1028 (Fed.
Cir. 2021).
---------------------------------------------------------------------------
Notification to Interested Parties
Commerce is hereby notifying interested parties of the remand of
the 2017-2018 administrative review and the reopening of the record. We
intend to place CBP's referral letter and accompanying information on
the record of this remand proceeding in Enforcement and Compliance's
Antidumping Duty and Countervailing Duty Centralized Electronic Service
System (ACCESS) within five days of publication of this notice. We will
address the discrepancies and inaccuracies of SNC's sales information
in the remand proceeding concerning this administrative review.
Commerce intends to provide interested parties with the opportunity
to participate in this remand proceeding, including through the
submission of comments, and, if appropriate, new factual information
and verification. Specifically, Commerce will notify parties on the
segment-specific service list for this remand segment of a schedule for
comments. In addition, Commerce may request factual information from
any person to assist in making its determination and may verify
submissions of factual information, if Commerce determines that such
verification is appropriate. Based on our analysis on remand we may
revise the 2017-2018 Final Results, including by adjusting SNC's
dumping margin as appropriate.
Parties are also hereby notified that this is the only notice that
Commerce intends to publish in the Federal Register concerning this
remand proceeding and reopening of the record. Interested parties that
wish to participate in the remand proceeding, and receive notice of the
final redetermination, must submit their letters of appearance as
discussed below. Further, any party desiring access to business
proprietary information in these proceedings must file an application
for access to business proprietary information under administrative
protective order (APO), as discussed below.
Scope of the Order
The scope of this order 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:
[[Page 59369]]
(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 the 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:
4011.90.2050, 4011.99.45.10, 4011.99.45.50, 4011.99.85.10,
4011.99.85.50, 8708.70.45.30, 8708.70.45.45, 8708.70.45.46,
8708.70.45.48, 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.
Filing Requirements
All submissions to Commerce must be filed electronically using
ACCESS.\8\ An electronically filed document must be received
successfully in its entirety by the time and date it is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information.\9\
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\8\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Letters of Appearance and Administrative Protective Order
Interested parties that wish to participate in this remand
proceeding and be added to the public service list must file a letter
of appearance in accordance with 19 CFR 351.103(d)(1).
Interested parties must submit applications for disclosure under
the APO in accordance with the procedures outlined in Commerce's
regulations at 19 CFR 351.305. Those procedures apply to this remand
proceeding.
Dated: October 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-23429 Filed 10-26-21; 8:45 am]
BILLING CODE 3510-DS-P
