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Antidumping Duty Investigation of Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part

American Government Special Collections Reference Desk

American Government Cars in China

Antidumping Duty Investigation of Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, In Part

Paul Piquado
Department of Commerce
June 18, 2015


[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34893-34899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15058]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-016]


Antidumping Duty Investigation of Certain Passenger Vehicle and 
Light Truck Tires From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances, In Part

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

DATES: Effective date June 18, 2015.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of certain passenger vehicle and light truck tires (passenger 
tires) from the People's Republic of China (PRC) are being, or are 
likely to be, sold in the United States at less than fair value (LTFV), 
as provided in section 735 of the Tariff Act of 1930, as amended (the 
Act). The final weighted-average dumping margins for the investigation 
on passenger tires from the PRC are listed below in the ``Final 
Determination'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Toni Page, Lingjun Wang, or Jun Jack 
Zhao, 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) 482-1398, (202) 482-2316, or (202) 482-1396, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 27, 2015, the Department published its affirmative 
preliminary determination that passenger tires from the PRC are being, 
or are likely to be, sold in the United States at less than fair value, 
as provided by section 733 of the Act.\1\ The following events occurred 
since the preliminary determination. On March 26, 2015, we published an 
amended preliminary determination in the Federal Register.\2\ From 
February 2, 2015 to February 13, 2015, and March 9, 2015 to March 13, 
2015, the

[[Page 34894]]

Department conducted sales and factors-of-production verifications of 
the two mandatory respondents: Giti Tire Global Trading Pte. Ltd., and 
its affiliates, Giti Tire (USA) Ltd., Giti Radial Tire (Anhui) Company 
Ltd., Giti Tire (Fujian) Company Ltd., Giti Tire (Hualin) Company Ltd. 
(collectively, the GITI companies); and Sailun Group Co. and its 
affiliates, Sailun Tire International Corp., Shandong Jinyu Industrial 
Co., Ltd., Jinyu International Holding Co., Limited, Seatex 
International Inc., Dynamic Tire Corp., Husky Tire Corp., Seatex PTE. 
Ltd., (collectively, the Sailun Group). The Department issued 
verification reports for the GITI companies on March 20, and March 27, 
2015; and for Sailun Group on March 20, and March 30, 2015, 
respectively.\3\ On April 10, 2015, Petitioner,\4\ the GITI companies, 
Sailun Group, and a number of separate rate applicants filed case 
briefs. On April 20, 2015, parties filed rebuttal briefs. On April 28, 
2015, the Department held a hearing with respect to this investigation. 
Interested parties also filed case briefs and rebuttal briefs on the 
scope related issues on April 6, and April 13, respectively. On May 14, 
2015, the Department held a separate hearing on scope related issues to 
this investigation.
---------------------------------------------------------------------------

    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Preliminary Determination of Sales at 
Less Than Fair Value; Preliminary Affirmative Determination of 
Critical Circumstances; In Part and Postponement of Final 
Determination, 80 FR 4250 (January 27, 2015) (Preliminary 
Determination).
    \2\ See Antidumping Duty Investigation of Certain Passenger 
Vehicle and Light Truck Tires from the People's Republic of China: 
Amended Affirmative Preliminary Determination, 80 FR 15987 (March 
26, 2015) (Amended Preliminary Determination).
    \3\ See Verification Report of the Sales and Factors Responses 
of Giti Tire Global Trading Pte. Ltd. and Its Affiliated 
Subsidiaries in the Antidumping Duty Investigation of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China, dated March 20, 2015 (GITI China Verification Report); 
Verification Report of U.S. Sales of Giti Tire (USA) Ltd. in the 
Antidumping Duty Investigation of Certain Passenger Vehicle and 
Light Truck Tires from the People's Republic of China, dated March 
27, 2015 (GITI CEP Verification Report); Verification of the Sales 
and Factors Response of Sailun Group Co., Ltd., Sailun Tire 
International Corp., Shandong Jinyu Industrial Co., Ltd., Jinyu 
International Holding Co., Limited, Seatex International Inc., 
Dynamic Tire Corp., Husky Tire Corp., and Seatex PTE. Ltd. in the 
Antidumping Investigation of Passenger Vehicle and Light Truck Tires 
from the People's Republic of China, dated March 20, 2015 (Sailun 
China Verificaiton Report); and Verification of the U.S. Sales 
Responses of Sailun Group Co., Ltd., in the Antidumping Duty 
Investigation of Passenger Vehicle and Light Truck Tires from the 
People's Republic of China, dated March 30, 2015 (Sailun CEP 
Verificaiton Report).
    \4\ Petitioner is United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO, CLC.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is October 1, 2013, through March 
31, 2014.

Scope of the Investigation and Scope Comments

    The products covered by this investigation are certain passenger 
tires from the PRC. 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: 4011.99.45.10, 4011.99.45.50, 4011.99.85.10, 
4011.99.85.50, 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.
    The Department received comments regarding the scope of this 
investigation from numerous interested parties, which we have 
summarized and addressed in the accompanying Issues and Decision 
Memorandum.\5\ As explained in the Issues and Decision Memorandum, to 
facilitate the scope's administrability and enforcement, we have 
clarified the scope language such that ``N'' speed-rated specialty 
trailer tires that meet certain requirements are excluded from the 
scope.\6\ For a complete description of the scope of the investigation, 
see Appendix II to this notice.
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    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for the Final 
Determination in the Antidumping Duty Investigation of Certain 
Passenger Vehicle and Light Truck Tires from the People's Republic 
of China'' at Comments 1 and 2 (dated concurrently with this 
notice).
    \6\ Id.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Issues and Decision Memorandum 
accompanying this notice, which is hereby adopted by this notice. A 
list of the issues which the parties raised and to which the Department 
responded in the memorandum appears in Appendix I of this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the memorandum are identical in content.

Changes Since the Amended Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections presented at verification, we made 
certain changes to the GITI companies' and the Sailun Group's margin 
calculations since the Amended Preliminary Determination. For a 
discussion of these changes, see the Issues and Decision Memorandum and 
the Final Analysis Memoranda, all dated concurrently with this 
notice.\7\
---------------------------------------------------------------------------

    \7\ See Final Analysis Memorandum for the PRC-Wide Entity, Final 
Analysis Memorandum for Giti Tire Global Trading Pte. Ltd. and its 
affiliates, and Final Analysis Memorandum for Sailun Group Co. and 
its affiliates, dated concurrently with this notice.
---------------------------------------------------------------------------

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\8\ Policy Bulletin 05.1 sets forth 
this practice.\9\
---------------------------------------------------------------------------

    \8\ See Certain Passenger Vehicle and Light Truck Tires From the 
People's Republic of China: Initiation of Antidumping Duty 
Investigation, 79 FR 42292 (July 21, 2014) (Initiation Notice).
    \9\ See Enforcement and Compliance Policy Bulletin No. 05.1 
``Separate-Rates Practice and Application of Combination Rates in 
Antidumping Investigations involving Non-Market Economy Countries,'' 
(April 5, 2005) (Policy Bulletin 05.1), available on the 
Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

    The Department determines that the estimated final weighted-average 
dumping margins are as follows:

[[Page 34895]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
          Exporter(s)                  Producer(s)        dumping margin
                                                             (percent)
------------------------------------------------------------------------
Giti Tire Global Trading Pte.    Giti Radial Tire                  29.97
 Ltd., Giti Tire (USA) Ltd.,      (Anhui) Company Ltd.,
 Giti Radial Tire (Anhui)         Giti Tire (Fujian)
 Company Ltd., Giti Tire          Company Ltd., Giti
 (Fujian) Company Ltd., Giti      Tire (Hualin) Company
 Tire (Hualin) Company Ltd.,      Ltd.
 (Collectively, the GITI
 Companies).
Sailun Group Co., Ltd. (aka      Sailun Group Co., Ltd.            14.35
 Sailun Jinyu Group Co., Ltd.),   (aka Sailun Jinyu
 Sailun Tire International        Group Co., Ltd.),
 Corp., Shandong Jinyu            Shandong Jinyu
 Industrial Co., Ltd., Jinyu      Industrial Co., Ltd.
 International Holding Co.,
 Limited, Seatex International
 Inc., Dynamic Tire Corp.,
 Husky Tire Corp., Seatex PTE.
 Ltd., (Collectively, Sailun
 Group).
Cooper Tire & Rubber Company...  Cooper Chengshan                  25.30
                                  (Shandong) Tire Co.,
                                  Ltd., Cooper (Kunshan)
                                  Tire Co., Ltd.
Cooper Chengshan (Shandong)      Cooper Chengshan                  25.30
 Tire Co., Ltd.                   (Shandong) Tire Co.,
                                  Ltd.
Cooper (Kunshan) Tire Co., Ltd.  Cooper (Kunshan) Tire             25.30
                                  Co., Ltd.
Best Choice International Trade  Qingdao Sentury Tire              25.30
 Co., Limited.                    Co., Ltd., Shandong
                                  Haohua Tire Co., Ltd.,
                                  Beijing Capital Tire
                                  Co., Ltd.
Bridgestone (Wuxi) Tire Co.,     Bridgestone (Wuxi) Tire           25.30
 Ltd.                             Co., Ltd.
Bridgestone Corporation........  Bridgestone (Wuxi) Tire           25.30
                                  Co., Ltd.
Cheng Shin Tire & Rubber         Cheng Shin Tire &                 25.30
 (China) Co., Ltd.                Rubber (China) Co.,
                                  Ltd., Cheng Shin Tire
                                  & Rubber (Chongqing)
                                  Co., Ltd.
Crown International Corporation  Shandong Guofeng Rubber           25.30
                                  Plastics Co., Ltd.,
                                  Shandong Haohua Tire
                                  Co., Ltd., Shandong
                                  Jinyu Industrial Co.,
                                  Ltd., Doublestar-
                                  Dongfeng Tyre Co.,
                                  Ltd., Shengtai Group
                                  Co., Ltd., Qingdao
                                  Doublestar Tire
                                  Industrial Co., Ltd.,
                                  Shandong Yongtai
                                  Chemical Co., Ltd.
Goodyear Dalian Tire Company     Goodyear Dalian Tire              25.30
 Limited.                         Company Limited.
Guangzhou Pearl River Rubber     Guangzhou Pearl River             25.30
 Tyre Ltd.                        Rubber Tyre Ltd.
Hankook Tire China Co., Ltd....  Hankook Tire China Co.,           25.30
                                  Ltd.
Hebei Tianrui Rubber Co., Ltd..  Hebei Tianrui Rubber              25.30
                                  Co., Ltd.
Highpoint Trading, Ltd.........  Federal Tire (Jiangxi)            25.30
                                  Ltd.
Hong Kong Tiancheng Investment   Shandong Linglong Tyre            25.30
 & Trading Co., Limited.          Co., Ltd.
Hong Kong Tri-Ace Tire Co.,      Shandong Yongtai                  25.30
 Limited.                         Chemical Co., Ltd.,
                                  Doublestar-Dongfeng
                                  Tyre Co., Ltd.
Hwa Fong Rubber (Hong Kong) Ltd  Hwa Fong Rubber                   25.30
                                  (Suzhou) Co., Ltd.
Jiangsu Hankook Tire Co., Ltd..  Jiangsu Hankook Tire              25.30
                                  Co., Ltd.
Kenda Rubber (China) Co., Ltd..  Kenda Rubber (China)              25.30
                                  Co., Ltd.
Kumho Tire Co., Inc............  Kumho Tire (Tianjin)              25.30
                                  Co., Inc., Nanjing
                                  Kumho Tire Co., Ltd.,
                                  Kumho Tire (Changchun)
                                  Co., Inc.
Mayrun Tyre (Hong Kong) Limited  South China Tire &                25.30
                                  Rubber Co., Ltd.,
                                  Shandong Haohua Tire
                                  Co., Ltd.
Nankang (Zhangjiagang Free       Nankang (Zhangjiagang             25.30
 Trade Zone) Rubber Industrial    Free Trade Zone)
 Co., Ltd.                        Rubber Industrial Co.,
                                  Ltd.
Pirelli Tyre Co., Ltd..........  Pirelli Tyre Co., Ltd..           25.30
Qingdao Crown Chemical Co., Ltd  Shandong Guofeng Rubber           25.30
                                  Plastics Co., Ltd.,
                                  Shandong Haohua Tire
                                  Co., Ltd., Shandong
                                  Jinyu Industrial Co.,
                                  Ltd., Doublestar-
                                  Dongfeng Tyre Co., Ltd.
Qingdao Free Trade Zone Full-    Shandong Zhentai Group            25.30
 World International Trading      Co., Ltd., Longkou
 Co., Ltd.                        Xinglong Tyre Co.,
                                  Ltd., Hebei Tianrui
                                  Rubber Co., Ltd.
Qingdao Fullrun Tyre Corp. Ltd.  Fullrun Tyre Tech                 25.30
                                  Corp., Ltd., Shengtai
                                  Group Co., Ltd.,
                                  Shandong Zhongyi
                                  Rubber Co., Ltd.,
                                  Shandong Guofeng
                                  Rubber Plastics Co,
                                  Ltd., Deruibao Tire
                                  Co., Ltd., Shandong
                                  New Continent Tire
                                  Co., Ltd., Shandong
                                  Fengyuan Tyre
                                  Manufacturing Co.,
                                  Ltd., Sichuan Tyre &
                                  Rubber Co., Ltd.,
                                  Qingdao Futaian Tyre
                                  Teck. Co., Ltd., Good
                                  Friend Tyre Co., Ltd.,
                                  Shandong Hengyu
                                  Science & Technology
                                  Co., Ltd., Shandong
                                  Longyue Rubber Co.,
                                  Ltd., Shouguang
                                  Firemax Tyre Co.,
                                  Ltd., Beijing Capital
                                  Tire Co., Ltd.,
                                  Shandong Wanda Boto
                                  Tyre Co., Ltd.,
                                  Zhaoqing Junhong Co.,
                                  Ltd., Shandong
                                  Huasheng Rubber Co.,
                                  Ltd., Shandong Haohua
                                  Tire Co., Ltd.,
                                  Shandong Province
                                  Sanli Tire
                                  Manufactured Co., Ltd.
Qingdao Fullrun Tyre Tech        Qingdao Fullrun Tyre              25.30
 Corp., Ltd.                      Tech Corp., Ltd.
Qingdao Honghua Tyre Factory...  Qingdao Honghua Tyre              25.30
                                  Factory.
Qingdao Nama Industrial Co.,     Shandong Guofeng Rubber           25.30
 Ltd.                             Plastics Co., Ltd.,
                                  Shandong Hengyu
                                  Science & Technology
                                  Co., Ltd., Shandong
                                  Longyue Rubber Co.,
                                  Ltd., Shandong Haohua
                                  Tire Co., Ltd.,
                                  Shouguang Firemax Tyre
                                  Co., Ltd., Shandong
                                  Zhongyi Rubber Co.,
                                  Ltd., Shandong Yonking
                                  Rubber Co., Ltd.,
                                  Shandong Hongsheng
                                  Rubber Technology Co.,
                                  Ltd.
Qingdao Nexen Tire Corporation.  Qingdao Nexen Tire                25.30
                                  Corporation.

[[Page 34896]]

 
Qingdao Odyking Tyre Co., Ltd..  Doublestar-Dongfeng               25.30
                                  Tyre Co., Ltd.,
                                  Shandong Fengyuan Tire
                                  Manufacturing Co.,
                                  Ltd., Shouguang
                                  Firemax Tyre Co., Ltd.
Qingdao Qianzhen Tyre Co., Ltd.  Qingdao Qianzhen Tyre             25.30
                                  Co., Ltd.
Qingdao Qihang Tyre Co., Ltd...  Qingdao Qihang Tyre               25.30
                                  Co., Ltd.
Qingdao Qizhou Rubber Co., Ltd.  Qingdao Qizhou Rubber             25.30
                                  Co., Ltd.
Qingdao Sentury Tire Co., Ltd..  Qingdao Sentury Tire              25.30
                                  Co., Ltd.
Shandong Anchi Tyres Co., Ltd..  Shandong Anchi Tyres              25.30
                                  Co., Ltd.
Shandong Changfeng Tyres Co.,    Shandong Changfeng                25.30
 Ltd.                             Tyres Co., Ltd.
Shandong Duratti Rubber          Shandong Duratti Rubber           25.30
 Corporation Co., Ltd.            Corporation Co., Ltd.
Shandong Guofeng Rubber          Shandong Guofeng Rubber           25.30
 Plastics Co., Ltd.               Plastics Co., Ltd.
Shandong Haohua Tire Co., Ltd..  Shandong Haohua Tire              25.30
                                  Co., Ltd.
Shandong Haolong Rubber Tire     Shandong Haolong Rubber           25.30
 Co., Ltd.                        Tire Co., Ltd.
Shandong Hawk International      Shandong Hawk                     25.30
 Rubber Industry Co., Ltd.        International Rubber
                                  Industry Co., Ltd.
Shandong Hengyu Science &        Shandong Hengyu Science           25.30
 Technology Co., Ltd.             & Technology Co., Ltd.
Shandong Huitong Tyre Co., Ltd.  Shandong Huitong Tyre             25.30
                                  Co., Ltd., Laiwu
                                  Sunshine Tyre Co., Ltd.
Shandong Linglong Tyre Co., Ltd  Shandong Linglong Tyre            25.30
                                  Co., Ltd.
Shandong Longyue Rubber Co.,     Shandong Longyue Rubber           25.30
 Ltd.                             Co., Ltd.
Shandong New Continent Tire      Shandong New Continent            25.30
 Co., Ltd.                        Tire Co., Ltd.
Shandong Province Sanli Tire     Shandong Province Sanli           25.30
 Manufactured Co., Ltd.           Tire Manufactured Co.,
                                  Ltd.
Shandong Shuangwang Rubber Co.,  Shandong Shuangwang               25.30
 Ltd.                             Rubber Co., Ltd.
Shandong Wanda Boto Tyre Co.,    Shandong Wanda Boto               25.30
 Ltd.                             Tyre Co., Ltd.
Shandong Yongtai Chemical Co.,   Shandong Yongtai                  25.30
 Ltd.                             Chemical Co., Ltd.
Shandong Zhongyi Rubber Co.,     Shandong Zhongyi Rubber           25.30
 Ltd.                             Co., Ltd.
Shengtai Group Co., Ltd........  Shengtai Group Co.,               25.30
                                  Ltd., Shandong
                                  Shengshitailai Rubber
                                  Technology Co., Ltd.
Shifeng Juxing Tire Co., Ltd...  Shifeng Juxing Tire               25.30
                                  Co., Ltd.
Shouguang Firemax Tyre Co., Ltd  Shouguang Firemax Tyre            25.30
                                  Co., Ltd.
Southeast Mariner International  Dongying Zhongyi Rubber           25.30
 Co., Ltd.                        Co., Ltd., Shandong
                                  Haohua Tire Co., Ltd.
Techking Tires Limited.........  Shandong Longyue Rubber           25.30
                                  Co., Ltd.
Toyo Tire (Zhangjiagang) Co.,    Toyo Tire                         25.30
 Ltd.                             (Zhangjiagang) Co.,
                                  Ltd.
Triangle Tyre Co., Ltd.........  Triangle Tyre Co., Ltd.           25.30
Tyrechamp Group Co., Limited...  Shandong Haohua Tire              25.30
                                  Co., Ltd., Sichuan
                                  Tyre & Rubber Co.,
                                  Ltd., Shandong Anchi
                                  Tyres Co., Ltd.,
                                  Beijing Capital Tire
                                  Co. Ltd., Shandong
                                  Wanda Boto Tyre Co.,
                                  Ltd., Shandong Wosen
                                  Rubber Co., Ltd.,
                                  Shandong Zhentai Group
                                  Co., Ltd., Shandong
                                  Yonking Rubber Co.,
                                  Ltd., Qingdao
                                  Doublestar Tire
                                  Industrial Co., Ltd.,
                                  South China Tire &
                                  Rubber Co. Ltd., Anhui
                                  Heding Tire Technology
                                  Co., Ltd.
Weihai Ping'an Tyre Co., Ltd...  Weihai Ping'an Tyre               25.30
                                  Co., Ltd.
Weihai Zhongwei Rubber Co., Ltd  Weihai Zhongwei Rubber            25.30
                                  Co., Ltd.
Wendeng Sanfeng Tyre Co., Ltd..  Wendeng Sanfeng Tyre              25.30
                                  Co., Ltd.
Winrun Tyre Co., Ltd...........  Shaanxi Yanchang                  25.30
                                  Petroleum Group Rubber
                                  Co. Ltd.
Zenith Holdings (HK) Limited...  Shandong Linglong Tyre            25.30
                                  Co., Ltd.
Zhaoqing Junhong Co., Ltd......  Zhaoqing Junhong Co.,             25.30
                                  Ltd.
PRC-Wide Entity *..............  .......................           87.99
------------------------------------------------------------------------
* The PRC-wide entity includes, among other companies, Yongsheng Rubber
  Group Co., Ltd. (Yongsheng), a mandatory respondent in this
  investigation that did not demonstrate that it is entitled to a
  separate rate. Accordingly, we consider Yongsheng to be part of the
  PRC-Wide Entity.

Disclosure

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of any public announcement of this notice 
in accordance with 19 CFR 351.224(b).

Final Affirmative Determination of Critical Circumstances, In Part

    We continue to find that critical circumstances do not exist for 
the GITI companies and the Sailun Group. In addition, we found that 
critical circumstances do not exist for the separate rate companies, 
while they do exist for the PRC-wide entity. A discussion of our 
determination can be found in the Issues and Decision Memorandum at the 
section, ``Critical Circumstances.''

Continuation of Suspension of Liquidation

    As noted above, for this final determination, the Department found 
that critical circumstances exist with respect to imports of the 
subject merchandise from the PRC-wide entity. Therefore, in accordance 
with section 735(c)(4)(A) of the Act, we will instruct U.S. Customs and 
Border Protection (CBP) to continue to suspend liquidation of all 
imports of the merchandise subject to the investigation from the PRC-
wide entity, that were entered or withdrawn from warehouse, for 
consumption on or after October 29, 2014, 90 days prior to publication 
of the Preliminary Determination in the Federal Register, and require a 
cash deposit for such entries as noted below.
    Because we did not find that critical circumstances exist with 
respect to the GITI companies, the Sailun Group, and the separate rate 
companies,\10\ in

[[Page 34897]]

accordance with section 735(c)(1)(B) of the Act, we will instruct CBP 
to continue to suspend liquidation of all appropriate entries of 
passenger tires from the PRC, as described in the ``Scope of the 
Investigation and Scope Comments'' section of this notice and which 
were entered, or withdrawn from warehouse, for consumption on or after 
January 27, 2015, the date of publication of the Preliminary 
Determination in the Federal Register.
---------------------------------------------------------------------------

    \10\ With regard to the separate rate companies, we will also 
instruct CBP to terminate suspension and to release any bond or 
other security, and refund any cash deposit made, to secure the 
payment of estimated antidumping duties with respect to entries of 
the merchandise entered, or withdrawn from warehouse, for 
consumption on or after October 29, 2014 (i.e., 90 days prior to the 
date of publication of the Federal Register), but before January 27, 
2015 (the date of publication of the Preliminary Determination).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a 
cash deposit \11\ for all suspended entries at an ad valorem rate equal 
to the weighted-average amount by which normal value exceeds U.S. 
price, as follows: (1) The cash deposit rate for the exporter/producer 
combination listed in the table above will be the rate identified for 
that combination in the table adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through; \12\ (2) for all 
combinations of PRC exporters/producers of merchandise under 
consideration that have not received their own separate rate above, the 
cash-deposit rate will be the cash deposit rate established for the 
PRC-wide entity, 87.99 percent, adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through; and (3) for all 
non-PRC exporters of the merchandise under consideration which have not 
received their own separate rate above, the cash-deposit rate will be 
the cash deposit rate applicable to the PRC exporter/producer 
combination that supplied that non-PRC exporter. These suspension of 
liquidation and cash deposit instructions will remain in effect until 
further notice.
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    \11\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
    \12\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department 
calculates the adjustment for export subsidies in investigations not 
in the margin-calculation program, but in the cash-deposit 
instructions issued to CBP. See Notice of Final Determination of 
Sales at Less Than Fair Value, and Negative Determination of 
Critical Circumstances: Certain Lined Paper Products from India, 71 
FR 45012 (August 8, 2006), and accompanying Issues and Decision 
memorandum at Comment 1.
---------------------------------------------------------------------------

    As stated previously, we will adjust cash deposit rates by the 
amount of export subsidies, where appropriate. In the companion CVD 
investigation, GITI companies received a calculated export subsidy rate 
of 15.03 percent while the all-others companies received a calculated 
export subsidy rate of 13.53 percent.\13\ Therefore, we will offset 
GITI companies' cash deposit rate of 29.97 percent by 15.03 percent, 
while the Sailun Group's and the separate rate companies' cash deposit 
rates of 14.35 percent and 25.30 percent, respectively, will be reduced 
by 13.53 percent as these companies were considered ``all-others'' 
companies in the companion CVD case. For Cooper Tire & Rubber Company, 
Cooper (Kunshan) Tire Co., Ltd., and Cooper Chengshan (Shandong) Tire 
Co., Ltd. (collectively, Cooper), another mandatory respondent in the 
companion CVD investigation, we will offset its cash deposit rate of 
25.30 percent by its cacluated export subsidy rate of 11.13 percent. 
Finally, we are adjusting the cash deposit rate applicable to the PRC-
wide entity for export subsidies, by the lowest export subsidy rate 
determined for any party in the companion CVD proceeding, which is 
11.13 percent.\14\
---------------------------------------------------------------------------

    \13\ See Cerain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination and accompanying Issues and Decision Memorandum (CVD 
Final). The final determination in this companion CVD proceeding is 
being concurrently released on the same day as this final 
determination. See also, Memorandum to the File, ``Certain Passenger 
Vehicle and Light Truck from the People's Republic of China: Double 
Remides Final Calculation Memorandum,'' dated concurrently with this 
notice (Double Remedies Memorandum).
    \14\ Id.
---------------------------------------------------------------------------

    Pursuant to 777A(f) of the Act, we are also adjusting final cash 
deposit rates for estimated domestic subsidy pass-through, where 
appropriate. We will adjust the Sailun Group's,\15\ Cooper's and the 
separate rate companies' cash deposit rates by 3.59 percent to account 
for estimated domestic subsidy pass-through.\16\ We are also adjusting 
GITI companies' and the PRC-wide entity's cash deposit rate by 0.40 
percent to account for estimated domestic subsidy pass-through.\17\
---------------------------------------------------------------------------

    \15\ Sailun Group's AD cash deposit rate after adjusting for 
export subsidies and estimated domestic subsidy pass-through will be 
zero percent. We will instruct CBP to require a cash deposit for all 
of Sailun Group's suspended entries at an ad valorem rate of zero 
percent.
    \16\ See CVD Final and Double Remedies Memorandum.
    \17\ Id.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at less than fair value. Because the final 
determination in this proceeding is affirmative, the ITC will make its 
final determination, in accordance with section 735(b)(2) of the Act, 
as to whether the domestic industry in the United States is materially 
injured, threatened with material injury, or the establishment of an 
industry in the United States is materially retarded by reason of 
imports of passenger tires from the PRC, no later than 45 days after 
our final determination. If the ITC determines that material injury, 
threat of material injury, or material retardation does not exist, this 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury or 
material retardation does exist, then the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders (APO)

    In the event the ITC issues a final negative injury determination, 
this notice will serve as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.
    This determination and notice are issued and published pursuant to 
sections 735(d) and 777(i)(1) of the Act.

    Dated: June 11, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Outline of the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Adverse Facts Available
V. Critical Circumstances
VI. Margin Calculations
VII. Discussion of the Issues
VIII. Recommendation

List of Topics Discussed in the Issues and Decision Memorandum

Comment 1: Whether to Modify the Language of the Exclusion on 
Special Trailer (ST) Tires

[[Page 34898]]

Comment 2: Whether Slingshot Tires Are Included in the Scope
Comment 3: Critical Circumstances
Comment 4: Whether Sailun Group Should Receive a Double Remedy 
Adjustment
Comment 5: Whether the Department Applied the Appropriate Double 
Remedy Adjustment to Cooper
Comment 6: Whether GITI Companies Should Receive a Double Remedy 
Adjustment
Comment 7: Analysis of the Pass-through Rate of the Double Remedy 
Adjustment
Comment 8: Whether to Grant Sailun Group an Offset for By-Products
Comment 9: Whether to Include Goodyear Thailand's Financial 
Statements in the Calculation of the Financial Ratios
Comment 10: Whether to Include Export Expenses in the SG&A Ratios 
for SR Tyres and Hihero
Comment 11: Whether to Include All Labor Related Costs in the 
Denominator of the Financial Ratios Calculation
Comment 12: Selection of Surrogate Country
Comment 13: Valuation of Labor
Comment 14: Valuation of Market Economy Purchases
Comment 15: Valuation of Truck Freight
Comment 16: Calculation of Market Economy Purchases
Comment 17: Valuation of Brokerage & Handling
Comment 18: Valuation of GITI Companies' Steam
Comment 19: Valuation of Sailun Group's Steam
Comment 20: Valuation of GITI Companies' Ocean Freight
Comment 21: Valuation of Sailun Group's Ocean Freight
Comment 22: Valuation of Sailun Group's U.S. Inland Freight
Comment 23: Valuation of Sailun Group's Reclaimed Rubber
Comment 24: Sailun Group's Name Change
Comment 25: Cooper's Name Change
Comment 26: Shandong Yongtai Chemical Co., Ltd.'s (Yongtai) Name 
Change
Comment 27: Application of AFA to all Subject Merchandise Produced 
by Yongsheng
Comment 28: Whether the Department Properly Accounted for the 
Weighted-Average Price of Certain Market Economy Purchases
Comment 29: Whether the Department Made All Appropriate Adjustments 
in the Calculation of Sailun Group's U.S. Price
Comment 30: Whether the Department Should Apply AFA to GITI 
Companies' Unreported Sales Submitted as a Minor Correction at 
Verification
Comment 31: Whether the Department Should Use the GITI Companies' 
Revised Databases that Include All the Minor Corrections
Comment 32: Whether the Department Should Reduce the Sailun Group's 
U.S. Prices by the Amount of the Irrecoverable VAT
Comment 33: Whether the Irrecoverable VAT Percentage Should Be 
Applied to the FOB China Value
Comment 34: Whether the Department Correctly Reduced the U.S. Price 
by the Amount of the Irrecoverable VAT
Comment 35: The Department's Authority to Apply a PRC-Wide Rate
Comment 36: PRC Government Control of the Economy
Comment 37: Guangzhou Wanli Tire Trading Co. Ltd.'s (Wanli) Separate 
Rate Status
Comment 38: Guizhou Tyre Import and Export Co., Ltd.'s (GTCIE) 
Separate Rate Status
Comment 39: Double Coin Holdings' (Double Coin) Separate Rate Status
Comment 40: Shaanxi Yanchang Petroleum Group Rubber Co., Ltd.'s 
(Shaanxi) Separate Rate Status
Comment 41: Sichuan Tyre and Rubber Co. Ltd.'s (Sichuan Tyre) 
Separate Rate Status
Comment 42: Zhongce Rubber Group Company Limited's (Zhongce) 
Separate Rate Status
Comment 43: Shandong Anchi Tyres Co., Ltd.'s (Anchi) Separate Rate 
Status
Comment 44: America Business Co., Ltd.'s (America Business) Separate 
Rate Status
Comment 45: Highpoint Trading, Ltd., (Highpoint) and Federal Tire 
(Jiangxi), Ltd. (Jiangxi) Separate Rate Status
Comment 46: Qingdao Jinhaoyang International Co., Ltd.'s 
(Jinhaoyang) Separate Rate Status
Comment 47: Qingdao Au-Shine Group Co., Limited's (Au-Shine) 
Separate Rate Status
Comment 48: Qingdao Fuyingxiang Imp. & Exp. Co., Ltd.'s 
(Fuyingxiang) Separate Rate Status
Comment 49: Shandong Changfeng Tyres Co., Ltd.'s (Changfeng) 
Separate Rate Status
Comment 50: Shandong Fengyuan Tire Manufacturing Co., Ltd.'s 
(Fengyuan) Separate Rate Status
Comment 51: Longkou Xinglong Tyre Co., Ltd.'s (Longkou) Separate 
Rate Status
Comment 52: Liaoning Permanent Tyre Co., Ltd.'s (Permanent) Separate 
Rate Status
Comment 53: Qingdao Fullrun Tyre Corp. Ltd.'s (Fullrun) Separate 
Rate Status
Comment 54: Zhejiang Qingda Rubber Co., Ltd.'s (Qingda) Separate 
Rate Status

Appendix II

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 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, unless the tire falls 
within one of the specific exclusions set out below.
    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; such tires do not bear the symbol ``DOT'' 
on the sidewall and may be marked with ``ZR'' in size designation;
    (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;
    (4) non-pneumatic tires, such as solid rubber tires;
    (5) tires designed and marketed exclusively as temporary use 
spare tires for passenger vehicles which, in addition, exhibit each 
of the following physical characteristics:
    (a) The size designation and load index combination molded on 
the tire's sidewall are listed in Table PCT-1B (``T'' Type Spare 
Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim 
Association Year Book,
    (b) the designation ``T'' is molded into the tire's sidewall as 
part of the size designation, and,
    (c) the tire's speed rating is molded on the sidewall, 
indicating the rated speed in MPH or a letter rating as listed by 
Tire and Rim Association Year Book, and the rated speed is 81 MPH or 
a ``M'' rating;
    (6) tires designed and marketed exclusively for specialty tire 
(ST) use which, in addition, exhibit each of the following 
conditions:
    (a) The size designation molded on the tire's sidewall is listed 
in the ST sections of the Tire and Rim Association Year Book,
    (b) the designation ``ST'' is molded into the tire's sidewall as 
part of the size designation,
    (c) the tire incorporates a warning, prominently molded on the 
sidewall, that the tire is ``For Trailer Service Only'' or ``For 
Trailer Use Only'',
    (d) the load index molded on the tire's sidewall meets or 
exceeds those load indexes listed in the Tire and Rim Association 
Year Book for the relevant ST tire size, and
    (e) either
    (i) the tire's speed rating is molded on the sidewall, 
indicating the rated speed in MPH

[[Page 34899]]

or a letter rating as listed by Tire and Rim Association Year Book, 
and the rated speed does not exceed 81 MPH or an ``M'' rating; or
    (ii) the tire's speed rating molded on the sidewall is 87 MPH or 
an ``N'' rating, and in either case the tire's maximum pressure and 
maximum load limit are molded on the sidewall and either
    (1) both exceed the maximum pressure and maximum load limit for 
any tire of the same size designation in either the passenger car or 
light truck section of the Tire and Rim Association Year Book; or
    (2) if the maximum cold inflation pressure molded on the tire is 
less than any cold inflation pressure listed for that size 
designation in either the passenger car or light truck section of 
the Tire and Rim Association Year Book, the maximum load limit 
molded on the tire is higher than the maximum load limit listed at 
that cold inflation pressure for that size designation in either the 
passenger car or light truck section of the Tire and Rim Association 
Year Book;
    (7) tires designed and marketed exclusively for off-road use and 
which, in addition, exhibit each of the following physical 
characteristics:
    (a) The size designation and load index combination molded on 
the tire's sidewall are listed in the off-the-road, agricultural, 
industrial or ATV section of the Tire and Rim Association Year Book,
    (b) in addition to any size designation markings, the tire 
incorporates a warning, prominently molded on the sidewall, that the 
tire is ``Not For Highway Service'' or ``Not for Highway Use'',
    (c) the tire's speed rating is molded on the sidewall, 
indicating the rated speed in MPH or a letter rating as listed by 
the Tire and Rim Association Year Book, and the rated speed does not 
exceed 55 MPH or a ``G'' rating, and
    (d) the tire features a recognizable off-road tread design.
    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: 4011.99.45.10, 4011.99.45.50, 
4011.99.85.10, 4011.99.85.50, 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. 2015-15058 Filed 6-17-15; 8:45 am]
BILLING CODE 3510-DS-P



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