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