Passenger Vehicle and Light Truck Tires From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016

Christian Marsh
Department of Commerce
6 June 2016

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36265-36266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13205]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Initiation of Antidumping Duty New Shipper Review; 
2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 25, 2016, the Department received a timely request 
for a new shipper review (NSR) from Shandong Xinghongyuan Tire Co., 
Ltd. (``SXT''), in accordance with section 751(a)(2)(B)(i) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c). The 
Department of Commerce (Department) has determined that the request for 
a NSR of the antidumping duty order on Passenger Vehicle and Light 
Truck Tires (passenger tires) from the People's Republic of China (PRC) 
meets the statutory and regulatory requirements for initiation. The 
period of review (POR) is August 1, 2015, through, January 31, 2016.

DATES: Effective June 6, 2016.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade

[[Page 36266]]

Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5484.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on passenger 
tires from the PRC in the Federal Register on August 10, 2015.\1\ On 
February 25, 2016, the Department received a timely request for a NSR 
from SXT.\2\ SXT certified that it is the exporter and producer of the 
passenger tires upon which the request for a NSR is based.\3\ Pursuant 
to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), 
SXT certified that it did not export passenger tires for sale to the 
United States during the period of investigation (POI).\4\ Moreover, 
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), SXT certified that, since the investigation was 
initiated, it never has been affiliated with any exporter or producer 
who exported the subject merchandise to the United States during the 
POI, including those not individually examined during the 
investigation.\5\ Further, as required by 19 CFR 351.214(b)(2)(iii)(B), 
it certified that its export activities are not controlled by the 
central government of the PRC.\6\ SXT also certified it had no 
subsequent shipments of subject merchandise.\7\
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    \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).
    \2\ See Shandong Xinghongyuan 's request for a NSR dated 
February 25, 2016.
    \3\ Id. at Exhibit 2.
    \4\ Id.
    \5\ Id.
    \6\ Id.
    \7\ Id. at page 2.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), SXT submitted documentation establishing the 
following: (1) The date of its first sale to an unaffiliated customer 
in the United States; (2) the date on which the passenger tires were 
first entered; and (3) the volume of that shipment.\8\
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    \8\ Id. at Exhibit 1.
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    The Department queried the database of U.S. Customs and Border 
Protection (CBP) in an attempt to confirm that the shipment reported by 
SXT had entered the United States for consumption and that liquidation 
had been properly suspended for antidumping duties. The information 
which the Department examined was consistent with that provided by SXT 
in its request.\9\ In particular, the CBP data confirmed the price and 
quantity reported by SXT for the sale that forms the basis for this NSR 
request.
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    \9\ See Memorandum to the File, ``New Shipper Review of the 
Antidumping Duty Order on Passenger Vehicle and Light Truck Tires 
from the People's Republic of China: Customs Entries from January 
27, 2015, to January 31, 2016,'' dated March 31, 2016.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a NSR within one year of the date on which its subject merchandise was 
first entered. Moreover, 19 CFR 351.214(d)(1) states that if the 
request for the review is made during the six-month period ending with 
the end of the semiannual anniversary month, the Secretary will 
initiate a NSR in the calendar month immediately following the 
semiannual anniversary month. Further, 19 CFR 315.214(g)(1)(i)(B) 
states that if the NSR was initiated in the month immediately following 
the semiannual anniversary month, the POR will be the six-month period 
immediately preceding the semiannual anniversary month. SXT made the 
request for a NSR, that included all documents and information required 
by the statute and regulations, within one year of the date on which 
its passenger tires first entered. Its request was filed in February, 
which is the semiannual anniversary month of the order. Therefore, the 
POR is August 1, 2015, through January 31, 2016.\10\
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    \10\ See 19 CFR 351.214(g)(1)(i)(B).
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that SXT's 
request meets the threshold requirements for initiation of a NSR and, 
therefore, is initiating a NSR of SXT. The Department intends to issue 
the preliminary results within 180 days after the date on which this 
review is initiated and the final results within 90 days after the date 
on which we issue the preliminary results.\11\
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    \11\ See section 751(a)(2)(B)(iv) of the Act.
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    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate (i.e., 
a separate rate) provide evidence of de jure and de facto absence of 
government control over the company's export activities.\12\ 
Accordingly, the Department will issue questionnaires to SXT, which 
will include a section requesting information with regard to its export 
activities for the purpose of establishing its eligibility for a 
separate rate. The review will proceed if the responses provide 
sufficient indication that SXT is not subject to either de jure or de 
facto government control with respect to its exports of passenger 
tires.
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    \12\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
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    On February 24, 2016, the President signed into law the ``Trade 
Facilitation and Trade Enforcement Act of 2015,'' H.R. 644, which made 
several amendments to section 751(a)(2)(B) of the Act. We will conduct 
this new shipper review in accordance with section 751(a)(2)(B) of the 
Act, as amended by the Trade Facilitation and Trade Enforcement Act of 
2015.\13\
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    \13\ The Trade Facilitation and Trade Enforcement Act of 2015 
removed from section 751(a)(2)(B) of the Act the provision directing 
the Department to instruct Customs and Border Protection to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of a new shipper review.
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    Interested parties requiring access to proprietary information in 
this proceeding should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

     Dated: May 25, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-13205 Filed 6-3-16; 8:45 am]
 BILLING CODE 3510-DS-P