Passenger Vehicle and Light Truck Tires From China; Institution of Five-Year Reviews |
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Lisa Barton
International Trade Commission
1 July 2020
[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39581-39584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14125]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-522 and 731-TA-1258 (Review)]
Passenger Vehicle and Light Truck Tires From China; Institution
of Five-Year Reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended,
to determine whether revocation of the antidumping and countervailing
duty orders on certain passenger vehicle and light truck tires from
China would be likely to lead to continuation or recurrence of material
injury. Pursuant to the Act, interested parties are requested to
respond to this notice by submitting the information specified below to
the Commission.
DATES: Instituted July 1, 2020. To be assured of consideration, the
deadline for responses is July 31, 2020. Comments on the adequacy of
responses may be filed with the Commission by September 14, 2020.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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
(https://www.usitc.gov). The public record for this proceeding may be
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On August 10, 2015, the Department of Commerce
(``Commerce'') issued antidumping and countervailing duty orders on
imports of
[[Page 39582]]
certain passenger vehicle and light truck tires from China (80 FR
47902). The Commission is conducting reviews pursuant to section 751(c)
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether
revocation of the orders would be likely to lead to continuation or
recurrence of material injury to the domestic industry within a
reasonably foreseeable time. Provisions concerning the conduct of this
proceeding may be found in the Commission's Rules of Practice and
Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207,
subparts A and F. The Commission will assess the adequacy of interested
party responses to this notice of institution to determine whether to
conduct full or expedited reviews. The Commission's determinations in
any expedited reviews will be based on the facts available, which may
include information provided in response to this notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by Commerce.
(2) The Subject Country in these reviews is China.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, the Commission defined a single Domestic Like Product
consisting of passenger vehicle light truck tires coextensive with
Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations, the
Commission defined the Domestic Industry as all producers of certain
passenger vehicle light truck tires except for one U.S. producer that
was excluded as a related party. Certain Commissioners defined the
Domestic Industry differently.
(5) The Order Date is the date that the antidumping and
countervailing duty orders under review became effective. In these
reviews, the Order Date is August 10, 2015.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding 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 proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post-
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with this proceeding must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will acknowledge that
information submitted in response to this request for information and
throughout this proceeding or other proceeding may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is July 31, 2020. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct expedited or full reviews. The deadline for filing such
comments is September 14, 2020. 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 Filing Procedures, available on the
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
procedures with respect to filings. Also, in accordance with sections
201.16(c) and 207.3 of the Commission's rules, each document filed by a
party to the proceeding must be served on all other parties to the
proceeding (as identified by either the public or APO service list as
appropriate), and a certificate of service must accompany the document
(if you are not a party to the proceeding you do not need to serve your
response).
Please note the Secretary's Office will accept only electronic
filings at this
[[Page 39583]]
time. Filings must be made through the Commission's Electronic Document
Information System (EDIS, https://edis.usitc.gov). No in-person paper-
based filings or paper copies of any electronic filings will be
accepted until further notice.
No response to this request for information is required if a
currently valid Office of Management and Budget (``OMB'') number is not
displayed; the OMB number is 3117 0016/USITC No. 20-5-464, expiration
date June 30, 2023. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436.
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determinations in the reviews.
Information To Be Provided in Response to This Notice of
Institution: As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
whether your firm/entity is a U.S. producer of the Domestic Like
Product, a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association (a majority of whose
members are interested parties under the statute), or another
interested party (including an explanation). If you are a union/worker
group or trade/business association, identify the firms in which your
workers are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping and countervailing duty orders on the Domestic Industry in
general and/or your firm/entity specifically. In your response, please
discuss the various factors specified in section 752(a) of the Act (19
U.S.C. 1675a(a)) including the likely volume of subject imports, likely
price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries since the Order
Date.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2019, except as noted (report quantity
data in number of tires and value data in U.S. dollars, f.o.b. plant).
If you are a union/worker group or trade/business association, provide
the information, on an aggregate basis, for the firms in which your
workers are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (that is, the level of production that your establishment(s)
could reasonably have expected to attain during the year, assuming
normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per
year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2019 (report quantity data in number of
tires and value data in U.S. dollars). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from the Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2019 (report quantity
data in number of tires and value data in U.S. dollars, landed and
duty-paid at the U.S. port but not including antidumping or
[[Page 39584]]
countervailing duties). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in the Subject Country (that is, the level of production
that your establishment(s) could reasonably have expected to attain
during the year, assuming normal operating conditions (using equipment
and machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country since the Order Date, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in the Subject Country, and such merchandise from
other countries.
(13) (Optional) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: This proceeding is being conducted under authority of
Title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
By order of the Commission.
Issued: June 25, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-14125 Filed 6-30-20; 8:45 am]
BILLING CODE 7020-02-P