Truck and Bus Tires From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

Jeffrey I. Kessler
Department of Commerce
13 December 2019

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68118-68121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26949]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-040]


Truck and Bus Tires From the People's Republic of China: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is simultaneously 
initiating and issuing the preliminary results of a changed 
circumstances review (CCR) of

[[Page 68119]]

the antidumping duty order on truck and bus tires from the People's 
Republic of China (China) to determine whether Sailun Group Co., Ltd. 
(Sailun Group) is the successor-in-interest to Sailun Jinyu Group Co., 
Ltd. (Sailun Jinyu), and whether Sailun (Shenyang) Tire Co., Ltd. 
(Sailun Shenyang), is the successor-in-interest to Shenyang Peace 
Radial Tyre Manufacturing Co., Ltd. (Shenyang Peace). Based on the 
information on the record, we preliminarily determine that Sailun Group 
is the successor-in-interest to Sailun Jinyu and that Sailun Shenyang 
is the successor-in-interest to Shenyang Peace for purposes of 
determining antidumping duty liability. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable December 13, 2019.

FOR FURTHER INFORMATION CONTACT: Lochard Philozin, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4260.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the antidumping duty order on truck and bus 
tires from China on February 15, 2019.\1\ In its October 25, 2019 
request for a CCR, Sailun Group informed Commerce that Sailun Jinyu 
changed its name to Sailun Group, effective October 22, 2018; and 
Shenyang Peace changed its name to Sailun Shenyang, effective December 
3, 2018.\2\ Sailun Jinyu was a respondent in the investigation in which 
it received a separate rate for two exporter/producer combinations: (1) 
Truck and bus tires produced and exported by Sailun Jinyu to the United 
States; and (2) truck and bus tires produced by Shenyang Peace and 
exported by Sailun Jinyu to the United States.\3\ Pursuant to section 
751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.216(c) and 19 CFR 351.221(c)(3), Sailun Group requested that 
Commerce initiate an expedited CCR and determine that it is the 
successor-in-interest to Sailun Jinyu; and that its subsidiary, Sailun 
Shenyang, is the successor-in-interest to Shenyang Peace.
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    \1\ See Truck and Bus Tires from the People's Republic of China: 
Antidumping Duty Order, 84 FR 4436 (February 15, 2019) (AD Order).
    \2\ See Sailun Group's Letter, ``Sailun Request for a Changed 
Circumstances Review in Truck and Bus Tires From the People's 
Republic of China, Case No. A-570-040,'' dated October 25, 2019 (CCR 
Request).
    \3\ See Truck and Bus Tires from the People's Republic of China: 
Final Affirmative Determinations of Sales at Less Than Fair Value 
and Critical Circumstances, 82 FR 8599 (January 27, 2017)); see also 
AD Order, 84 FR at 4439-40.
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Scope of the Order

    The scope of the order covers truck and bus tires. Truck and bus 
tires are new pneumatic tires, of rubber, with a truck or bus size 
designation. Truck and bus tires covered by this order may be tube-
type, tubeless, radial, or non-radial.
    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 one of the 
following suffixes in their tire size designation, which also appear on 
the sidewall of the tire:

    TR--Identifies tires for service on trucks or buses to 
differentiate them from similarly sized passenger car and light 
truck tires; and
    HC--Identifies a 17.5 inch rim diameter code for use on low 
platform trailers.

All tires with a ``TR'' or ``HC'' suffix in their size designations are 
covered by this order regardless of their intended use.
    In addition, all tires that lack one of the above suffix 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 ``Truck-Bus'' 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.
    Truck and bus tires, whether or not mounted on wheels or rims, are 
included in the scope. However, if a subject tire is imported mounted 
on a wheel or rim, only the tire is covered by the scope. Subject 
merchandise includes truck and bus tires produced in the subject 
country whether mounted on wheels or rims in the subject country or in 
a third country. Truck and bus tires are covered whether or not they 
are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, 
nuts, etc. Truck and bus tires that enter attached to a vehicle are not 
covered by the scope.
    Specifically excluded from the scope of this order are the 
following types of tires: (1) Pneumatic tires, of rubber, that are not 
new, including recycled and retreaded tires; (2) non-pneumatic tires, 
such as solid rubber tires; and (3) tires that exhibit each of the 
following physical characteristics: (a) The designation ``MH'' is 
molded into the tire's sidewall as part of the size designation; (b) 
the tire incorporates a warning, prominently molded on the sidewall, 
that the tire is for ``Mobile Home Use Only;'' and (c) the tire is of 
bias construction as evidenced by the fact that the construction code 
included in the size designation molded into the tire's sidewall is not 
the letter ``R.''
    The subject merchandise is currently classifiable under Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1015 
and 4011.20.5020. Tires meeting the scope description may also enter 
under the following HTSUS subheadings: 4011.69.0020, 4011.69.0090, 
4011.70.00, 4011.90.80, 4011.99.4520, 4011.99.4590, 4011.99.8520, 
4011.99.8590, 8708.70.4530, 8708.70.6030, 8708.70.6060, and 
8716.90.5059.
    While HTSUS subheadings are provided for convenience and for 
customs purposes, the written description of the subject merchandise is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), 
Commerce will conduct a CCR upon receipt of a request from an 
interested party or receipt of information concerning an antidumping 
duty order which shows changed circumstances sufficient to warrant a 
review of the order. In the past, Commerce has used CCRs to address the 
applicability of cash deposit rates after there have been changes in 
the name or structure of a respondent, such as a merger or spinoff 
(``successor-in-interest,'' or ``successorship,'' determinations).\4\ 
Based on the request from Sailun Group and in accordance with section 
751(b)(1) of Act and 19 CFR 351.216(b), we are initiating a CCR to 
determine whether Sailun Group is the successor-in-interest to Sailun 
Jinyu and whether Sailun Shenyang is the successor-in-interest to 
Shenyang Peace for purposes of antidumping duty liability.
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    \4\ See, e.g., Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled Into Modules, from the People's Republic of China: 
Final Results of Changed Circumstances Review, 81 FR 91909 (December 
19, 2016).
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Preliminary Results of Changed Circumstances Review

    If we conclude that an expedited action is warranted, we may 
combine the notices of initiation and preliminary results of a CCR 
under 19 CFR 351.221(c)(3)(ii). Commerce has combined the notice of 
initiation and preliminary results in successor-in-interest cases when 
sufficient documentation has been provided supporting the request to 
make a preliminary determination.\5\ In this

[[Page 68120]]

instance, we have the necessary information on the record to make a 
preliminary finding. Thus, we find that expedited action is warranted 
and have combined the notices of initiation and preliminary results 
pursuant to 19 CFR 351.221(c)(3)(ii).
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    \5\ See, e.g., Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China, 81 FR 76561 (November 3, 2016).
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    In making a successor-in-interest determination for purposes of 
antidumping duty liability, Commerce examines several factors 
including, but not limited to, changes in management, production 
facilities, supplier relationships, and customer base.\6\ While no 
single factor or combination of these factors will necessarily provide 
a dispositive indication of a successor-in-interest relationship, 
Commerce will generally consider the new company to be the successor to 
the previous company if the new company's operations are not materially 
dissimilar to those of its predecessor.\7\ Thus, if the evidence 
demonstrates that, with respect to the production and sales of the 
subject merchandise, the new company operates as essentially the same 
business entity as the former company, Commerce will accord the new 
company the same antidumping treatment as its predecessor.\8\
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    \6\ See, e.g., Pressure Sensitive Plastic Tape from Italy: 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure 
Sensitive Plastic Tape from Italy: Final Results of Antidumping Duty 
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake 
Rotors from the People's Republic of China: Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 70 FR 69941 
(November 18, 2005) (Brake Rotors), citing Brass Sheet and Strip 
from Canada; Final Results of Antidumping Duty Administrative 
Review, 57 FR 20460 (May 13, 1992).
    \7\ See, e.g., Brake Rotors.
    \8\ Id.; see also, e.g., Notice of Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review: Certain 
Frozen Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012), 
unchanged in Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619 
(December 11, 2012).
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    In its CCR Request and Supplemental Response,\9\ Sailun Group 
provided documents demonstrating that Sailun Jinyu and Shenyang Peace 
changed their names.\10\ Sailun Group states that the management, 
production facilities, and customer/supplier relationships of the two 
companies (Sailun Jinyu and Shenyang Peace) have not changed as a 
result of changes to the names of the companies. Further, Sailun Group 
and Sailun Shenyang provided internal documents evidencing that their 
production facilities and their location and domestic and overseas 
customers and suppliers were the same before and after the change to 
the companies' names.\11\ Sailun Group also provided a list of members 
of the management team and supporting documentation indicating that 
Sailun Group's and Sailun Jinyu's management teams are identical, and 
Sailun Shenyang is being managed by the same director who was managing 
Shenyang Peace.\12\
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    \9\ See CCR Request; see also Sailun Group's Letter, ``Sailun 
Supplemental Questionnaire Response: Changed Circumstances Review in 
Truck and Bus Tires From the People's Republic of China, Case No. A-
570-040,'' dated November 14, 2019 (Supplemental Response).
    \10\ See, e.g., CCR Request at Exhibits 2a, 2b, 3a, and 3b.
    \11\ See CCR Request at Exhibits 2d, 2e, 2f, 3d, 3e and 3f 
through 6, and Supplemental Response at Exhibits 1, 2, 3, 4, and 7.
    \12\ See CCR Request at Exhibit 2c and 3c and Supplemental 
Response at Exhibit 5.
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    Based on record evidence, we preliminarily determine that Sailun 
Group is the successor-in-interest to Sailun Jinyu, and that Sailun 
Shenyang is the successor-in-interest to Shenyang Peace for purposes of 
antidumping duty liability, because the changes to the names of the 
companies resulted in no significant changes to management, production 
facilities, supplier relationships, or customers. As a result, we 
preliminarily determine that Sailun Group operates as essentially the 
same business entity as Sailun Jinyu and that Sailun Shenyang operates 
as essentially the same business entity as Shenyang Peace. Thus, we 
preliminarily determine that subject merchandise produced and exported 
by Sailun Group to the United States should receive the same cash 
deposit rate as subject merchandise produced and exported by Sailun 
Jinyu to the United States; and subject merchandise produced by Sailun 
Shenyang and exported by Sailun Group to the United States should 
receive the same cash deposit rate as subject merchandise produced by 
Shenyang Peace and exported by Sailun Jinyu to the United States.
    If these preliminary results are adopted in our final results of 
this CCR, effective on the publication date of our final results, we 
will instruct U.S. Customs and Border Protection to suspend liquidation 
of entries of subject merchandise produced and exported in the above 
producer/exporter combinations at the applicable cash deposit rates.

Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the publication of this notice.\13\ Rebuttal briefs, which must 
be limited to issues raised in case briefs, may be filed not later than 
five days after the deadline for filing case briefs.\14\ Parties who 
submit case briefs or rebuttal briefs in this changed circumstance 
review are requested to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Interested parties may request a hearing within 14 days of 
publication of this notice. The hearing request should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations at the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
parties will be notified of the time and date for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230 in a room to be determined. Parties will be 
notified of the time and date of any hearing, if requested.\15\
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    \13\ See 19 CFR 351.309(c)(1)(ii). (``Any interested party may 
submit a `case brief within . . . 30 days after the date of 
publication of the preliminary results of {a changed 
circumstances{time}  review, unless the Secretary alters the time 
limit. . . .'') (emphasis added).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.310.
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    All submissions, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. An 
electronically-filed document must be received successfully in its 
entirety by no later than 5:00 p.m. Eastern Time on the date the 
document is due.

Notifications to Interested Parties

    Unless extended, consistent with 19 CFR 351.216(e), we intend to 
issue the final results of this CCR no later than 270 days after the 
date on which this review was initiated, or within 45 days after the 
publication of the preliminary results if all parties in this review 
agree to our preliminary results. The final results will include 
Commerce's analysis of issues raised in any written comments.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(c)(3).


[[Page 68121]]


    Dated: December 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-26949 Filed 12-12-19; 8:45 am]
 BILLING CODE 3510-DS-P