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Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Initiation of Countervailing Duty Investigation

American Government Special Collections Reference Desk

American Government Cars in China

Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Initiation of Countervailing Duty Investigation

Paul Piquado
Department of Commerce
July 21, 2014


[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Notices]
[Pages 42285-42289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17096]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Initiation of Countervailing Duty Investigation

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

DATES: Effective: July 21, 2014.

FOR FURTHER INFORMATION CONTACT: Emily Halle or Kaitlin Wojnar, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0176 or (202) 482-3857, respectively.

SUPPLEMENTARY INFORMATION: 

The Petition

    On June 3, the Department of Commerce (the Department) received a 
countervailing duty (CVD) petition concerning imports of passenger 
vehicle and light truck tires (certain passenger tires) from the 
People's Republic of China (PRC), filed in proper form on behalf of the 
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO, CLC 
(Petitioner).\1\ The CVD Petition was accompanied by an antidumping 
duty (AD) petition concerning passenger tires from the PRC.\2\ 
Petitioner is a recognized union, which represents the domestic 
industry engaged in the manufacture of passenger vehicle tires in the 
United States. On June 6, 2014, the Department requested further 
information and clarification regarding certain general portions of the 
AD Petition and the CVD Petition.\3\ On June 6, 2014, the Department 
also requested further information and clarification regarding certain 
portions of the CVD Petition.\4\ Petitioner filed its responses to 
these requests on June 10, 2014,\5\ and, as allowed by an extension 
granted by the Department,\6\ June 11, 2014.\7\ Because it was not 
clear from the Petitions whether the industry support criteria had been 
met, the Department extended the time for initiating this investigation 
in order to further examine the issue of industry support by 20 
additional days.\8\ The extended initiation determination date of July 
13, 2014, falls on a Sunday, a non-business day, so the Department's 
initiation determination is due no later than July 14, 2014, the next 
business day.\9\
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    \1\ See ``Petition for the Imposition of Countervailing Duties 
on Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China,'' June 3, 2014 (CVD Petition).
    \2\ See ``Petition for the Imposition of Antidumping Duties on 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China,'' June 3, 2014 (AD Petition).
    \3\ See Letter to Petitioner, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China: Supplemental Questions,'' June 6, 2014 (General Issues 
Supplemental Questions).
    \4\ See Letter to Petitioner, ``Petitions for the Imposition of 
Countervailing Duties on Imports of Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China: Supplemental 
Questions,'' June 6, 2014.
    \5\ See Letter from Petitioner, ``Certain Passenger Vehicle and 
Light Truck Tires from tire People's Republic of China--Petitioner's 
Response to the Department's June 6, 2014 Supplemental Questions 
regarding General Issues,'' June 10, 2014; see also Letter from 
Petitioner, ``Certain Passenger Vehicle and Light Truck Tires from 
the People's Republic of China--Petitioner's Response to the 
Department's June 6, 2014 Supplemental Questions Regarding the 
Countervailing Duty Petition,'' June 10, 2014.
    \6\ See Letter to Petitioner, ``Request for Extension of Time to 
Submit a Response to the Department of Commerce's June 6, 2014 
Supplemental Questionnaire (Question 16 only) Regarding the Petition 
for the Imposition of Countervailing Duties on Imports of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China,'' June 10, 2014.
    \7\ See Letter from Petitioner, ``Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China--Petitioner's 
Submission of Additional Information in Response to Question 16 of 
the Department's June 6, 2014 Supplemental Questions Regarding the 
Countervailing Duty Petition Response to Question 16 of the CVD 
Supplemental Questions,'' June 11, 2014.
    \8\ See Notice of Extension of the Deadline for Determining the 
Adequacy of the Antidumping and Countervailing Duty Petitions: 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China, 79 FR 35725 (June 24, 2014).
    \9\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005) (Next 
Business Day Rule).

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[[Page 42286]]

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), Petitioner alleges that the Government of the PRC 
(the GOC) is providing countervailable subsidies, as defined by 
sections 701 and 771(5) of the Act, with respect to imports of certain 
passenger tires from the PRC, and that such imports are materially 
injuring, or threaten material injury to, the domestic industry 
producing certain passenger tires in the United States. The Department 
finds that Petitioner filed the CVD Petition on behalf of the domestic 
industry because Petitioner is an interested party, within the meaning 
of section 771(9)(D) of the Act, and has demonstrated sufficient 
industry support with respect to the initiation of the investigation it 
is requesting.

Period of Investigation

    The period of investigation (POI) is January 1, 2013, through 
December, 31, 2013.

Scope of Investigation

    The products covered by this investigation are certain passenger 
tires from the PRC. For a full description of the scope of this 
investigation, see ``Scope of Investigation'' at the Appendix of this 
notice.

Comments on the Scope of the Investigation

    During our review of the CVD Petition, the Department issued 
questions to, and received responses from, Petitioner pertaining to the 
proposed scope in order to ensure that the language of the scope in the 
CVD Petition is an accurate reflection of the products for which the 
domestic industry is seeking relief.\10\ As discussed in the Preamble 
to the Department's regulations, we are setting aside a period for 
interested parties to raise issues regarding product coverage 
(scope).\11\ The period for scope comments is intended to provide the 
Department with ample opportunity to consider all comments and to 
consult with parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\12\ all 
such factual information should be limited to public information. All 
comments must be filed by 5:00 p.m. Eastern Time (ET) on August 4, 
2014, which is 20 calendar days from the signature date of this 
notice.\13\ Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on August 14, 2014, which is 
10 calendar days after the initial comments. The Department requests 
that any factual information the parties consider relevant to the scope 
of the investigation be submitted during this time period. However, if 
a party subsequently finds that additional factual information 
pertaining to the scope of the investigation may be relevant, the party 
may contact the Department and request permission to submit the 
additional information. All such comments must be filed on the records 
of this CVD investigation and the concurrent AD investigation.
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    \10\ See General Issues Supplemental Questions.
    \11\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \12\ See 19 CFR 351.102(b)(21).
    \13\ As 20 days from the signature date will be Saturday August 
2, 2014, the next business day for filing comments will be Monday 
August 4, 2014. See Next Business Day Rule.
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Filing Requirements

    All submissions to the Department must be filed electronically, 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS).\14\ An 
electronically-filed document must be successfully received, in its 
entirety, by 5:00 p.m. ET on the date specified by the Department.\15\ 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with Enforcement and Compliance's 
APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street 
and Constitution Avenue NW., Washington, DC 20230, and stamped with the 
date and time of receipt by the established deadline.\16\
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    \14\ For general filing requirements, see 19 CFR 351.303.
    \15\ Id.; see also 19 CFR 351.301 (for general time limits for 
the submission of factual information).
    \16\ See 19 CFR 351.303(b). For details regarding the 
Department's electronic filing requirements, see Antidumping and 
Countervailing Duty Proceedings: Electronic Filing Procedures; 
Administrative Protective Order Procedures, 76 FR 39263 (July 6, 
2011). Information regarding IA ACCESS assistance can be found at 
https://iaaccess.trade.gov/help.aspx, and a handbook can be found at 
https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department 
invited representatives of the GOC to participate in consultations 
regarding the CVD Petition.\17\ Consultations with the GOC were held on 
June 17, 2014.\18\
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    \17\ See Letter to Liu Fang, First Secretary, Embassy of China 
in the United States of America, ``Countervailing Duty Petition on 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China,'' June 3, 2014.
    \18\ See Memorandum, ``Countervailing Duty Petition on Passenger 
Vehicle and Light Truck Tires from the People's Republic of China: 
Consultations,'' June 18, 2014.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the industry.
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product, they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\19\
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    \19\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).

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[[Page 42287]]

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, Petitioner does not offer 
a definition of domestic like product distinct from the scope of the 
investigation. Based on our analysis of the information submitted on 
the record, we determine that certain passenger tires, as defined in 
the scope of the investigation, constitute a single domestic like 
product and we analyzed industry support in terms of that single 
domestic like product.\20\
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    \20\ See Countervailing Duty Investigation Initiation Checklist: 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China (CVD Initiation Checklist), at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Certain Passenger Vehicle and Light Truck 
Tires from the People's Republic of China (Attachment II). This 
checklist is dated concurrently with this notice and on file 
electronically via IA ACCESS. Access to documents filed via IA 
ACCESS is also available in the Central Records Unit (CRU), Room 
7046 of the main Department of Commerce building.
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    On June 12, 2014, we received comments on industry support from the 
Sub-Committee of Tire Producers of the China Chamber of Commerce of 
Metals, Minerals & Chemical Importers and the China Rubber Industry 
Association.\21\ Petitioner responded to these comments on June 16 and 
17, 2014.\22\ In a meeting on July 8, 2014, the Government of the PRC 
also commented on industry support for the Petition.\23\
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    \21\ See Letter, ``Request to Poll the Domestic Industry to 
Determine Petitioner Standing: Certain Passenger Vehicle and Light 
Truck Tires from China,'' June 12, 2014.
    \22\ See Letter from Petitioner, ``Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China--Petitioner's 
Response to CCCMC and CRIA's Request to Poll the Industry,'' June 
16, 2014; see also .Letter from Petitioner, ``Certain Passenger 
Vehicle and Light Truck Tires from the People's Republic of China--
Additional Information in Response to CCCMC and CRIA's Request to 
Poll the Industry,'' June 17, 2014.
    \23\ See Memorandum, ``Antidumping Duty Investigation of 
1,1,1,2-Tetrafluoroethane from the People's Republic of China and 
the Antidumping Duty and Countervailing Duty Petitions for Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China: Meeting with Officials from the Government of the People's 
Republic of China,'' July 9, 2014.
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    On June 17, 2014, the Department extended the initiation deadline 
by 20 days to poll the domestic industry in accordance with section 
702(c)(4)(D) of the Act, because it was ``not clear from the Petitions 
whether the industry support criteria have been met. . . .'' \24\
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    \24\ See Notice of Extension of the Deadline for Determining the 
Adequacy of the Antidumping Duty and Countervailing Duty Petitions: 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China, 79 FR 35725, 35726 (June 24, 2014).
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    On June 20, 2014, we issued polling questionnaires to all known 
producers of certain passenger tires in the United States, identified 
in the Petition and by the ITC, as well as all known unions, employee 
organizations, or ad hoc groups of workers.\25\ We requested that the 
companies/workers complete the polling questionnaire and certify their 
responses by the due date specified in the cover letter to the 
questionnaire.\26\ Petitioner provided comments on the polling 
questionnaire responses on July 8, 2014.\27\
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    \25\ See Memorandum, ``Certain Passenger Vehicle and Light Truck 
Tires from the People's Republic of China: Polling Questionnaire,'' 
June 20, 2014.
    \26\ For a detailed discussion of the responses received, see 
CVD Initiation Checklist at Attachment II. The polling questionnaire 
and questionnaire responses are on file electronically via IA ACCESS 
and can also be accessed through the CRU.
    \27\ See Letter from Petitioner, ``Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China--Petitioner's 
Comments on Polling Responses,'' dated July 8, 2014.
---------------------------------------------------------------------------

    Our analysis of the data we received in the polling questionnaire 
responses indicates that the domestic producers and workers that 
support the Petition account for at least 25 percent of the total 
production of the domestic like product and more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\28\ 
Accordingly, the Department determines that the industry support 
requirements of section 702(c)(4)(A) of the Act have been met. 
Therefore, the Department determines that Petitioner filed this 
Petition on behalf of the domestic industry in accordance with section 
702(b)(1) because it is an interested party as defined in section 
771(9)(D) of the Act and it demonstrated sufficient industry support 
with respect to the CVD investigation that it is requesting the 
Department initiate.
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    \28\ See CVD Initiation Checklist, at Attachment II.
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Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, Petitioner alleges 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.
    Petitioner contends that the industry's injured condition is 
illustrated by reduced market share; underselling and price depression 
or suppression; lost sales and revenues; direct replacement of domestic 
shipments by subject imports; decline in shipments, reduced sales 
volumes, and production curtailments; decline in capacity utilization 
and reduced capacity allocated to U.S. production of certain passenger 
tires; decline in employment; adverse impact on union contract 
negotiations; and adverse impact on financial performance. We assessed 
the allegations and supporting evidence regarding material injury, 
threat of material injury, and causation, and we have determined that 
these allegations are properly supported by adequate evidence and meet 
the statutory requirements for initiation.

Initiation of CVD Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioner 
supporting the allegations. In the CVD Petition, Petitioner alleges 
that producers/exporters of passenger tires in the PRC benefited from 
countervailable subsidies bestowed by the government. The Department 
examined the CVD Petition and finds that it complies with the 
requirements of section 702(b)(1) of the Act. Therefore, in accordance 
with section 702(b)(1) of the Act, we are initiating a CVD 
investigation to determine whether manufacturers, producers, or 
exporters of certain passenger tires from the PRC receive 
countervailable subsidies from the GOC.
    Based on our review of the CVD Petition, we find that there is 
sufficient information to initiate a CVD investigation on certain 
alleged programs. For a full discussion of the

[[Page 42288]]

basis for our decision to initiate or not to initiate on each program, 
see the CVD Initiation Checklist, which accompanies this notice. A 
public version of the CVD Initiation Checklist is available on IA 
ACCESS.

Respondent Selection

    For this investigation, the Department intends to select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
United States imports of subject merchandise during the POI under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
numbers: 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, 4011.20.50.10, 4011.99.45.00, and 4011.99.85.00. We 
intend to release the CBP data under Administrative Protective Order 
(APO) to all parties with access to information protected by APO 
shortly after the announcement of this case initiation.
    Interested parties seeking access to proprietary information 
including the CBP data must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found at http://enforcement.trade.gov/apo/. 
Interested parties may submit comments regarding the CBP data and 
respondent selection by 5:00 p.m. ET on the seventh calendar day after 
publication of this notice. Comments must be filed in accordance with 
the requirements discussed above in the ``Filing Requirements'' section 
of this notice. If respondent selection is necessary, we intend to base 
our decision regarding respondent selection upon comments received from 
interested parties and our analysis of the record information within 20 
days of publication of this notice.

Distribution of Copies of the Petition

    Pursuant to section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOC via IA ACCESS. Because of the particularly large 
number of producers/exporters identified in the Petition, the 
Department considers the service of the public version of the Petition 
to the foreign producers/exporters to be satisfied by the provision of 
the public version of the Petition to the Government of the PRC, 
consistent with 19 CFR 351.203(c)(2).

ITC Notification

    We notified the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 25 days after the date 
on which ITC receives notice from the Department of initiation of the 
investigation, whether there is a reasonable indication that imports of 
passenger tires from the PRC are materially injuring, or threaten to a 
material injury, a U.S. industry.\29\ A negative ITC determination will 
result in the investigation being terminated; otherwise, this 
investigation will proceed according to statutory and regulatory time 
limits.
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    \29\ See section 703(a) of the Act.
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Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule,\30\ which modified two regulations related to AD and CVD 
proceedings: The definition of factual information, 19 CFR 
351.102(b)(21), and the time limits for the submission of factual 
information, 19 CFR 351.301. The final rule identifies five categories 
of factual information in 19 CFR 351.102(b)(21), which are summarized 
as follows: (i) Evidence submitted in response to questionnaires, (ii) 
evidence submitted in support of allegations, (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2), (iv) evidence 
placed on the record by the Department, and (v) evidence other than 
factual information described in (i) through (iv). The final rule 
requires any party, when submitting factual information, to specify 
under which subsection 19 CFR 351.102(b)(21) the information is being 
submitted and, if the information is submitted to rebut, clarify, or 
correct factual information already on the record, to provide an 
explanation identifying the information already on the record that the 
factual information seeks to rebut, clarify, or correct. The final rule 
also modified 19 CFR 351.301 so that, rather than providing general 
time limits, there are specific time limits based on the type of 
factual information being submitted. These modifications are effective 
for all segments initiated on or after May 10, 2013, and are therefore 
applicable to this investigation. Please review the final rule, 
available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this 
investigation.
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    \30\ See 78 FR 21246 (April 10, 2013).
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Extension of Time Limits

    On September 20, 2013, the Department published Extension of Time 
Limits, Final Rule,\31\ which modified one regulation related to AD and 
CVD proceedings regarding the extension of time limits for submissions 
in such proceedings (19 CFR 351.302(c)). These modifications are 
effective for all segments initiated on or after October 21, 2013, and 
thus are applicable to this investigation. Please review the final 
rule, available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm prior to requesting an extension.
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    \31\ See 78 FR 57790 (September 20, 2013).
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\32\ 
Parties are hereby reminded that the Department issued a final rule 
with respect to certification requirements, effective August 16, 2013 
and that the revised certification requirements are in effect for 
company/government officials as well as their representatives. All 
segments of any AD or CVD proceedings initiated on or after August 16, 
2013, including this investigation, should use the formats for the 
revised certifications provided at the end of the Final Rule.\33\ The 
Department intends to reject factual submissions if the submitting 
party does not comply with the applicable revised certification 
requirements.
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    \32\ See section 782(b) of the Act.
    \33\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the 
frequently asked questions regarding the Final Rule, available at 
the following: http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties seeking access to proprietary information must 
submit applications for disclosure under APO in accordance with 19 CFR 
351.305. Instructions for filing such applications may be found on the 
Department's Web site at http://enforcement.trade.gov/apo/index.html.
    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: July 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The scope of this investigation is passenger vehicle and light 
truck tires. Passenger vehicle and light truck tires are new 
pneumatic tires, of rubber, with a passenger

[[Page 42289]]

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.
    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, defined as tires 
for use exclusively on a race track; such tires do not bear the 
symbol ``DOT'' on the sidewall; (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; and (4) non-pneumatic tires, such as solid rubber 
tires.
    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: 4011.99.45.00, 4011.99.85.00, 
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.

[FR Doc. 2014-17096 Filed 7-18-14; 8:45 am]
BILLING CODE 3510-DS-P



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