Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value; Preliminary Affirmative Determination of Critical Circumstances; In Part and Postponement of Final Determination |
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Paul Piquado
Department of Commerce
January 27, 2015
[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4250-4254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01504]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Preliminary Determination of Sales at Less Than Fair
Value; Preliminary Affirmative Determination of Critical Circumstances;
In Part and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that certain Passenger Vehicle and Light Truck Tires
(passenger tires) from the People's Republic of China (PRC) are being,
or are likely to be, sold in the United States at less than fair value
(LTFV), as provided in section 733(b) of the Tariff Act of 1930, as
amended (the Act). The period of investigation (POI) is October 1,
2013, through March 31, 2014. The estimated weighted-average dumping
margins of sales at LTFV are shown in the ``Preliminary Determination''
section of this notice. Interested parties are invited to comment on
this preliminary determination.
DATES: Effective Date: January 27, 2015.
FOR FURTHER INFORMATION CONTACT: Toni Page, Lingjun Wang, or Jun Jack
Zhao, AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-1398, (202) 482-2316, or (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on July 21, 2014.\1\ Pursuant to section 733(c)(1)(A) of
the Act, on October 9, 2014, the Department postponed this preliminary
LTFV determination by a period of 50 days.\2\
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\1\ See Certain Passenger Vehicle and Light Truck Tires From the
People's Republic of China: Initiation of Antidumping Duty
Investigation, 79 FR 42292 (July 21, 2014) (Initiation Notice).
\2\ See Certain Passenger Vehicle and Light Truck Tires From the
People's Republic of China: Postponement of Preliminary
Determination of Antidumping Duty Investigation, 79 FR 61052
(October 9, 2014).
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Scope of the Investigation
On December 30, 2014, the Department published an amended
preliminary determination in the companion countervailing duty (CVD)
investigation of passenger tires from the PRC, which contains an
amended scope of this investigation.\3\ For a full description of the
amended scope of this investigation, see ``Scope of Investigation'' at
Appendix I of this notice.
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\3\ See Countervailing Duty Investigation of Certain Passenger
Vehicle and Light Truck Tires From the People's Republic of China:
Amended Affirmative Preliminary Determination, 79 FR 78398 (December
30, 2014) at Appendix-Scope of the Investigation.
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Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. We calculated export prices and constructed
export prices in accordance with section 772 of the Act. Because the
PRC is a non-market economy within the meaning of section 771(18) of
the Act, we calculated normal value (NV) in accordance with section
773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\4\
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\4\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for the
Preliminary Determination in the Antidumping Duty Investigation of
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China'' (January 20, 2015) (Preliminary Decision
Memorandum). A list of topics discussed in the Preliminary Decision
Memorandum is found at Appendix II of this notice.
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Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation. Policy Bulletin 05.1 describes
this practice.\5\
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\5\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist for the exporter-producer
combinations listed below during the period October 1, 2013, through
March 31, 2014:
------------------------------------------------------------------------
Weighted-
average
Exporter(s) Producer(s) dumping
margin
(percent)
------------------------------------------------------------------------
GITI:
Giti Tire Global Trading Giti Tire (Anhui) 19.17
Pte. Ltd., Giti Tire (USA) Company Ltd., Giti
Ltd., Giti Tire (Anhui) Tire (Fujian) Company
Company Ltd., Giti Tire Ltd., Giti Tire
(Fujian) Company Ltd., (Hualin) Company Ltd.
Giti Tire (Hualin) Company
Ltd.
Sailun Group:
Sailun Group Co., Ltd., Sailun Group Co., Ltd., 36.26
Sailun Tire International Shandong Jinyu
Corp., Shandong Jinyu Industrial Co., Ltd.
Industrial Co., Ltd.,
Jinyu International
Holding Co., Limited,
Seatex International Inc.,
Dynamic Tire Corp., Husky
Tire Corp., Seatex PTE.
Ltd.
[[Page 4251]]
Cooper Tire & Rubber Company... Cooper Chengshan 27.72
(Shandong) Tire Co.,
Ltd., Cooper (Kunshan)
Tire Co., Ltd.
Cooper Chengshan (Shandong) Cooper Chengshan 27.72
Tire Co., Ltd. (Shandong) Tire Co.,
Ltd.
Cooper (Kunshan) Tire Co., Ltd. Cooper (Kunshan) Tire 27.72
Co., Ltd.
Best Choice International Trade Qingdao Sentury Tire 27.72
Co., Limited. Co., Ltd., Shandong
Haohua Tire Co., Ltd.,
Beijing Capital Tire
Co., Ltd.
Bridgestone (Wuxi) Tire Co., Bridgestone (Wuxi) Tire 27.72
Ltd. Co., Ltd.
Bridgestone Corporation........ Bridgestone (Wuxi) Tire 27.72
Co., Ltd.
Cheng Shin Tire & Rubber Cheng Shin Tire & 27.72
(China) Co., Ltd. Rubber (China) Co.,
Ltd., Cheng Shin Tire
& Rubber (Chongqing)
Co., Ltd.
Crown International Corporation Shandong Guofeng Rubber 27.72
Plastics Co., Ltd.,
Shandong Haohua Tire
Co., Ltd., Shandong
Jinyu Industrial Co.,
Ltd., Doublestar-
Dongfeng Tyre Co.,
Ltd., Shandong
Yongshong Rubber Group
Co., Ltd., Shengtai
Group Co., Ltd.,
Qingdao .Doublestar
Tire Industrial Co.,
Ltd., Shandong Yongtai
Chemical Co., Ltd.
Goodyear Dalian Tire Company Goodyear Dalian Tire 27.72
Limited. Company Limited.
Guangzhou Pearl River Rubber Guangzhou Pearl River 27.72
Tyre Ltd. Rubber Tyre Ltd.
Hankook Tire China Co., Ltd.... Hankook Tire China Co., 27.72
Ltd.
Hebei Tianrui Rubber Co., Ltd.. Hebei Tianrui Rubber 27.72
Co., Ltd.
Hong Kong Tiancheng Investment Shandong Linglong Tyre 27.72
& Trading Co., Limited. Co., Ltd.
Hong Kong Tri-Ace Tire Co., Shandong Yongtai 27.72
Limited. Chemical Co., Ltd.,
Doublestar Dongfeng
Tyre Co., Ltd.
Hwa Fong Rubber (Hong Kong) Ltd Hwa Fong Rubber 27.72
(Suzhou) Co., Ltd.
Jiangsu Hankook Tire Co., Ltd.. Jiangsu Hankook Tire 27.72
Co., Ltd.
Kenda Rubber (China) Co., Ltd.. Kenda Rubber (China) 27.72
Co., Ltd.
Kumho Tire Co., Inc............ Kumho Tire (Tianjin) 27.72
Co., Inc., Nanjing
Kumho Tire Co., Ltd.,
Kumho Tire (Changchun)
Co., Inc.
Liaoning Permanent Tyre Co., Liaoning Permanent Tyre 27.72
Ltd. Co., Ltd.
Longkou Xinglong Tyre Co., Ltd. Longkou Xinglong Tyre 27.72
Co., Ltd.
Mayrun Tyre (Hong Kong) Limited South China Tire 27.72
&Rubber Co., Ltd.,
Shandong Haohua Tire
Co., Ltd.
Nankang (Zhangjiagang Free Nankang (Zhangjiagang 27.72
Trade Zone) Rubber Industrial Free Trade Zone)
Co., Ltd. Rubber Industrial Co.,
Ltd.
Pirelli Tyre Co., Ltd.......... Pirelli Tyre Co., Ltd.. 27.72
Qingdao Nama Industrial Co., Shandong Guofeng Rubber 27.72
Ltd. Plastics Co., Ltd.,
Shandong Hengyu
Science & Technology
Co., Ltd., Shandong
Longyue Rubber Co.,
Ltd., Shandong Haohua
Tire Co., Ltd.,
Shouguang Firemax Tyre
Co., Ltd., Shandong
Zhongyi Rubber Co.,
Ltd., Shandong Yonking
Rubber Co., Ltd.,
Shandong Hongsheng
Rubber Technology Co.,
Ltd.
Qingdao Au-Shine Group Co., Shandong Gulun Rubber 27.72
Limited. Co., Ltd.
Qingdao Crown Chemical Co., Ltd Shandong Guofeng Rubber 27.72
Plastics Co., Ltd.,
Shandong Haohua Tire
Co., Ltd., Shandong
Jinyu Industrial Co.,
Ltd., Doublestar-
Dongfeng Tyre Co.,
Ltd., Shandong
Yongsheng Rubber Group
Co., Ltd.
Qingdao Free Trade Zone Full- Shandong Zhentai Group 27.72
World International Trading Co., Ltd., Longkou
Co., Ltd. Xinglong Tyre Co.,
Ltd., Hebei Tianrui
Rubber Co., Ltd.
Qingdao Fullrun Tyre Tech Qingdao Fullrun Tyre 27.72
Corp., Ltd. Tech Corp., Ltd.
Qingdao Honghua Tyre Factory... Qingdao Honghua Tyre 27.72
Factory.
Qingdao Nexen Tire Corporation. Qingdao Nexen Tire 27.72
Corporation.
Qingdao Odyking Tyre Co., Ltd.. Doublestar Dongfeng 27.72
Tyre Co., Ltd.,
Shandong Fengyuan Tire
Manufacturing Co.,
Ltd., Shouguang
Firemax Tyre Co., Ltd.
Qingdao Qianzhen Tyre Co., Ltd. Qingdao Qianzhen Tyre 27.72
Co., Ltd.
Qingdao Qihang Tyre Co., Ltd... Qingdao Qihang Tyre 27.72
Co., Ltd.
Qingdao Qizhou Rubber Co., Ltd. Qingdao Qizhou Rubber 27.72
Co., Ltd.
Qingdao Sentury Tire Co., Ltd.. Qingdao Sentury Tire 27.72
Co., Ltd.
Shandong Duratti Rubber Shandong Duratti Rubber 27.72
Corporation Co., Ltd. Corporation Co., Ltd.
Shandong Fengyuan Tire Shandong Fengyuan Tire 27.72
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
Shandong Guofeng Rubber Shandong Guofeng Rubber 27.72
Plastics Co., Ltd. Plastics Co., Ltd.
Shandong Haohua Tire Co., Ltd.. Shandong Haohua Tire 27.72
Co., Ltd.
Shandong Haolong Rubber Tire Shandong Haolong Rubber 27.72
Co., Ltd. Tire Co., Ltd.
Shandong Hawk International Shandong Hawk 27.72
Rubber Industry Co., Ltd. International Rubber
Industry Co., Ltd.
Shandong Hengyu Science & Shandong Hengyu Science 27.72
Technology Co., Ltd. & Technology Co., Ltd.
Shandong Linglong Tyre Co., Ltd Shandong Linglong Tyre 27.72
Co., Ltd.
Shandong Longyue Rubber Co., Shandong Longyue Rubber 27.72
Ltd. Co., Ltd.
Shandong New Continent Tire Shandong New Continent 27.72
Co., Ltd. Tire Co., Ltd.
Shandong Province Sanli Tire Shandong Province Sanli 27.72
Manufactured Co., Ltd. Tire Manufactured Co.,
Ltd.
Shandong Shuangwang Rubber Co., Shandong Shuangwang 27.72
Ltd. Rubber Co., Ltd.
Shandong Wanda Boto Tyre Co., Shandong Wanda Boto 27.72
Ltd. Tyre Co., Ltd.
[[Page 4252]]
Shandong Yongtai Chemical Co., Shandong Yongtai 27.72
Ltd. Chemical Co., Ltd.
Shandong Zhongyi Rubber Co., Shandong Zhongyi Rubber 27.72
Ltd. Co., Ltd.
Shandong Huitong Tyre Co., Ltd. Shandong Huitong Tyre 27.72
Co., Ltd., Laiwu
Sunshine Tyre Co., Ltd.
Shengtai Group Co., Ltd........ Shengtai Group Co., 27.72
Ltd., Shandong
Shengshitailai Rubber
Technology Co., Ltd.
Shifeng Juxing Tire Co., Ltd... Shifeng Juxing Tire 27.72
Co., Ltd.
Shouguang Firemax Tyre Co., Ltd Shouguang Firemax Tyre 27.72
Co., Ltd.
Southeast Mariner International Dongying Zhongyi Rubber 27.72
Co., Ltd. Co., Ltd., Shandong
Haohua Tire Co., Ltd.
Techking Tires Limited......... Shandong Longyue Rubber 27.72
Co., Ltd.
Toyo Tire (Zhangjiagang) Co., Toyo Tire 27.72
Ltd. (Zhangjiagang) Co.,
Ltd.
Triangle Tyre Co., Ltd......... Triangle Tyre Co., Ltd. 27.72
Tyrechamp Group Co., Ltd....... Shandong Haohua Tire 27.72
Co., Ltd., Sichuan
Tyre&Rubber Co., Ltd.,
Shandong Anchi Tyres
Co., Ltd., Beijing
Capital Tire Co. Ltd.,
Shandong Wanda Boto
Tyre Co., Ltd.,
Shandong Wosen Rubber
Co., Ltd., Shandong
Zhentai Group Co.,
Ltd., Shandong Yonking
Rubber Co., Ltd.,
Qingdao Doublestar
Tyre Industrial Co.,
Ltd., South China Tire
& Rubber Co. Ltd.,
Anhui Heding Tire
Technology Co., Ltd.
Weihai Ping'an Tyre Co., Ltd... Weihai Ping'an Tyre 27.72
Co., Ltd.
Weihai Zhongwei Rubber Co., Ltd Weihai Zhongwei Rubber 27.72
Co., Ltd.
Wendeng Sanfeng Tyre Co., Ltd.. Wendeng Sanfeng Tyre 27.72
Co., Ltd.
Winrun Tyre Co., Ltd........... Shaanxi Yanchang 27.72
Petroleum Group Rubber
Co. Ltd.
Zenith Holdings (HK) Limited... Shandong Linglong Tyre 27.72
Co., Ltd.
Zhaoqing Junhong Co., Ltd...... Zhaoqing Junhong Co., 27.72
Ltd.
PRC-Wide Entity................ ....................... 87.99
------------------------------------------------------------------------
As detailed in the Preliminary Decision Memorandum, Yongsheng
Rubber Group Co., Ltd. (Yongsheng), a mandatory respondent in this
investigation, did not demonstrate that it is entitled to a separate
rate. Accordingly, we consider Yongsheng to be part of the PRC-Wide
Entity.
Preliminary Affirmative Determination of Critical Circumstances, In
Part
On September 12, 2014, United Steel, Paper, and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC (Petitioner), timely filed a critical
circumstances allegation, pursuant to section 733(e) of the Act and 19
CFR 351.206, alleging that critical circumstances exist with respect to
imports of passenger tires from the PRC.\6\ We preliminarily determine
that critical circumstances do not exist for GITI and the Sailun Group,
while they do exist for all non-individually investigated companies and
the PRC-wide entity. A discussion of our determination can be found in
the Preliminary Decision Memorandum at the section, ``Preliminary
Determination of Critical Circumstances, In Part.''
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\6\ See Letter from Petitioner to the Secretary of Commerce,
``Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China--Petitioner's Critical Circumstances Allegation,''
dated September 12, 2014.
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Disclosure and Public Comment
The Department intends to disclose calculations performed for this
preliminary determination to parties in this proceeding within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b). Case briefs or other written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance, through
Enforcement and Compliance's electronic records system, ACCESS, no
later than seven days after the date on which the final verification
report is issued in this proceeding.\7\ Rebuttal briefs, limited to
issues raised in case briefs, may be submitted through ACCESS no later
than five days after the deadline for case briefs.\8\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\7\ See 19 CFR 351.309(c).
\8\ See 19 CFR 351.309(d).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate in a hearing if one is requested,
must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically through ACCESS. Electronically filed case briefs/written
comments and hearing requests must be received successfully in their
entirety by the Department's electronic records system, ACCESS, by 5:00
p.m. Eastern Standard Time. Hearing requests must be received by the
Department within 30 days after the date of publication of this notice
\9\ and should contain the party's name, address, and telephone number,
the number of participants, and a list of the issues to be presented at
the hearing. If a request for a hearing is made, the Department intends
to hold the hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined. Parties should confirm by telephone the date, time,
and location of the hearing two days before the scheduled date.
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\9\ See 19 CFR 351.310(c).
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of passenger tires from the PRC, as
described in the ``Scope of the Investigation'' at Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
[[Page 4253]]
publication of this notice in the Federal Register.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. As described above, we
preliminarily find that critical circumstances exist for imports of
passenger tires from the PRC produced or exported by the non-
individually investigated companies and the PRC-wide entity.
Accordingly, for the non-individually investigated companies and the
PRC-wide entity, in accordance with section 733(e)(2)(A) of the Act,
the suspension of liquidation shall apply to unliquidated entries of
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date which is 90 days before the publication of this notice.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \10\ equal to the weighted-average amount by
which NV exceeds U.S. price as follows: (1) The cash deposit rate for
the exporter/producer combination listed in the table above will be the
rate identified for that combination in the table, adjusted where
appropriate for export subsidies \11\ and estimated domestic subsidy
pass-through; \12\ (2) for all combinations of PRC exporters/producers
of merchandise under consideration that have not received their own
separate rate above, the cash-deposit rate will be the cash deposit
rate established for the PRC-wide entity, 87.99 percent; and (3) for
all non-PRC exporters of the merchandise under consideration which have
not received their own separate rate above, the cash-deposit rate will
be the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter. The suspension of
liquidation and cash deposit instructions will remain in effect until
further notice.
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\10\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\11\ See section 772(c)(1)(C) of the Act; see also Notice of
Final Determination of Sales at Less Than Fair Value, and Negative
Determination of Critical Circumstances: Certain Lined Paper
Products from India, 71 FR 45012 (August 8, 2006), and accompanying
Issues and Decision Memorandum at Comment 1.
\12\ For further discussion, see the Preliminary Decision
Memorandum at the section, ``Section 777A(f) of the Act.''
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As stated previously, we will adjust cash deposit rates by the
amount of export subsidies, where appropriate. In the companion CVD
investigation, GITI received a calculated export subsidy rate of 0.45
percent while the all-others companies received a calculated export
subsidy rate of 0.28 percent.\13\ Therefore, we will offset GITI's cash
deposit rate of 19.17 percent by 0.45 percent, while the Sailun Group's
and the Separate Rate entities' cash deposit rates of 36.26 percent and
27.72 percent, respectively, will be reduced by 0.28 percent as these
companies were considered ``all-others'' companies in the companion CVD
case. Cooper Tire & Rubber Company, Cooper (Kunshan) Tire Co., Ltd.,
and Cooper Chengshan (Shandong) Tire Co., Ltd. (collectively, Cooper),
did not receive a calculated export subsidy rate in the companion CVD
investigation; therefore, we are not adjusting their cash deposit rate
for export subsidies. Finally, we are not adjusting the cash deposit
rate applicable to the PRC-wide entity for export subsidies.\14\
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\13\ See Countervailing Duty Investigation of Certain Passenger
Vehicle and Light Truck Tires From the People's Republic of China:
Amended Affirmative Preliminary Determination, 79 FR 78398 (December
30, 2014) and accompanying Allegation of Significant Ministerial
Errors in the Preliminary Determination of the Countervailing Duty
Investigation of Certain Passenger Vehicle and Light Truck Tires
From the People's Republic of China (PRC Tires Amended CVD
Preliminary Determination); see also Memorandum to the File Re:
Calculation of the All-Others Amended Preliminary Rate (December 19,
2014).
\14\ Id.
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Pursuant to 777A(f) of the Act, we are also adjusting preliminary
cash deposit rates for estimated domestic subsidy pass-through, where
appropriate. We will adjust Cooper's, the Sailun Group's, and the
Separate Rate recipients' cash deposit rates by 6.97 percent to account
for estimated domestic subsidy pass-through.\15\ We are not adjusting
GITI's rate for estimated domestic subsidy pass-through because GITI
has not demonstrated eligibility for an adjustment.\16\ Finally, we are
also not adjusting the PRC-wide entity rate for estimated domestic
subsidy pass-through.\17\
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\15\ See Preliminary Decision Memorandum at ``Adjustment Under
Section 777A(F) of the Act.''
\16\ Id.
\17\ Id.
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Postponement of Final Determination
Pursuant to request from the mandatory respondent GITI,\18\ we are
postponing the final determination in accordance with section
735(a)(2)(A) of the Act. In addition, GITI requested to extend the
application of the provisional measures prescribed under 733(d) of the
Act and 19 CFR 351.210(e)(2), from a four-month period to a six-month
period. The suspension of liquidation described above will be extended
accordingly. Accordingly, we intend to make our final determination no
later than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.\19\
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\18\ See Letter from GITI to the Secretary of Commerce regarding
``Passenger Vehicle and Light Truck Tires from the People's Republic
of China; Request for Extension of the Final Determination''
(January 13, 2013).
\19\ See also 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we notified the ITC
of our preliminary affirmative determination of sales at LTFV. Because
the preliminary determination in this investigation is affirmative,
section 735(b)(2) of the Act requires the ITC to make its final
determination as to whether the domestic industry in the United States
is materially injured, threatened with material injury, or is
materially retarded, by reason of imports of passenger tires from the
PRC, or sales (or the likelihood of sales) for importation, of the
merchandise under consideration before the later of 120 days after the
date of this preliminary determination or 45 days after our final
determination. Because we are postponing the deadline for our final
determination to 135 days from the date of publication of this
preliminary determination, the ITC will make its final determination no
later than 45 days after our final determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: January 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation 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 investigation 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
[[Page 4254]]
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 of this investigation 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 physical
characteristics:*
(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) the tire's speed rating is molded on the sidewall,
indicating the rated speed in MPH or a letter rating as listed by
TRA, and the rated speed does not exceed 81 MPH or an ``M'' rating;
(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 investigation 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.
* We are currently suspending requirements (6)(d) and (e);
therefore, tires entered, or withdrawn from warehouse for
consumption that meet exclusion requirements (6)(a)-(c) above are
excluded from the scope of this investigation.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Single Entity Treatment
VI. Discussion of the Methodology
VII. Application of Facts Available and Adverse Inferences
VIII. Preliminary Determination of Critical Circumstances, in Part
IX. Adjustment Under Section 777A(F) of the Act
X. Postponement of Final Determination
XI. Verification
XII. ITC Notification
XIII. Conclusion
[FR Doc. 2015-01504 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-DS-P