Certain Passenger Vehicle and Light Truck Tires From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations |
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William R. Bishop
International Trade Commission
February 24, 2015
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9744-9746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03680]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-522 and 731-TA-1258 (Final)]
Certain Passenger Vehicle and Light Truck Tires From China;
Scheduling of the Final Phase of Countervailing Duty and Antidumping
Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-522 and 731-TA-1258 (Final) under sections 705(b) and 731(b) of
the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)) (the Act) to
determine whether an industry in the United States is materially
injured or threatened with material injury, or the establishment of an
industry in the United States is materially retarded, by reason of
subsidized and less-than-fair-value imports from China of certain
passenger vehicle and light truck tires, provided for in subheadings
4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50. Tires meeting the
scope description may also enter under subheadings 4011.99.45,
4011.99.85, 8708.70.45, and 8708.70.60.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as:
``. . . 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 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 (The Department of Commerce is currently suspending
requirements (6)(d) and (e); therefore, tires entered, or withdrawn
from warehouse for consumption that meet exclusion requirements
(6)(a)-(c) are excluded from the scope of this investigation):
(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 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.''
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
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(19 CFR part 207).
DATES: Effective: Tuesday, January 27, 2015.
FOR FURTHER INFORMATION CONTACT: Justin Enck (202-205-3363), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov). The public record for these investigations may
be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that certain benefits which constitute subsidies
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers, producers, or exporters in China of
certain passenger vehicle and light truck tires, and that such products
are being sold in the United States at less than fair value within the
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in a petition filed on June 3, 2014, by United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union, AFL-CIO-CLC (PA).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on Tuesday,
May 26, 2015, and a public version will be issued thereafter, pursuant
to section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
June 9, 2015, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before Wednesday, June 3, 2015. A
nonparty who has testimony that may aid the Commission's deliberations
may request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on Thursday, June 4, 2015, at the U.S. International Trade
Commission Building. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform to the provisions of section 207.23 of the Commission's rules;
the deadline for filing is Tuesday, June 2, 2015. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform to the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is Tuesday, June 16, 2015. In addition, any person who has not
entered an appearance as
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a party to the investigations may submit a written statement of
information pertinent to the subject of the investigations, including
statements of support or opposition to the petition, on or before
Tuesday, June 16, 2015. On Wednesday, July 8, 2015, the Commission will
make available to parties all information on which they have not had an
opportunity to comment. Parties may submit final comments on this
information on or before Friday, July 10, 2015, but such final comments
must not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on E-Filing, available on the
Commission's Web site at http://edis.usitc.gov, elaborates upon the
Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Dated: February 18, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-03680 Filed 2-23-15; 8:45 am]
BILLING CODE 7020-02-P