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Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations

American Government Special Collections Reference Desk

American Government

Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations

Lisa R. Barton
International Trade Commission
12 September 2016


[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62760-62762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21847]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-552-553 and 731-TA-1308 (Final)]


Certain New Pneumatic Off-the-Road Tires From India and Sri 
Lanka; Scheduling of the Final Phase of Countervailing Duty and 
Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-552-553 and 731-TA-1308 (Final) pursuant to the Tariff Act of 
1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of subsidized imports from India \1\ and Sri Lanka 
and less-than-fair-value imports from India of certain new pneumatic 
off-the-road-tires, provided for in subheadings 4011.20.10, 4011.20.50, 
4011.61.00, 4011.62.00, 4011.63.00, 4011.69.00, 4011.92.00, 4011.93.40, 
4011.93.80, 4011.94.40, 4011.94.80,

[[Page 62761]]

8431.49.90, 8709.90.00, and 8716.90.10 of the Harmonized Tariff 
Schedule of the United States.2 3
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    \1\ The Department of Commerce has preliminarily determined that 
imports of certain new pneumatic off-the-road tires from India are 
not being, or are not likely to be, sold in the United States at 
less than fair value.
    \2\ Certain new pneumatic off-the-road-tires may also be 
imported under the following HTS provisions: 4011.99.45, 4011.99.85, 
8424.90.90, 8431.20.00, 8431.39.00, 8431.49.10, 8431.49.90, 
8432.90.00, 8433.90.50, 8503.00.95, 8708.70.05, 8708.70.25, 
8708.70.45, and 8716.90.50.
    \3\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as certain new 
pneumatic off-the-road tires. For a full description of the scope of 
these investigations, including product exclusions, see Certain New 
Pneumatic Off-the-Road Tires from India: Negative Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 81 FR 55431, August 19, 2016.

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DATES: Effective Date: August 19, 2016.

FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202-205-3176), 
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 (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by the Department of Commerce that certain 
benefits which constitute subsidies within the meaning of section 703 
of the Act (19 U.S.C. 1671b) are being provided to manufacturers, 
producers, or exporters in India and Sri Lanka of certain new pneumatic 
off-the-road-tires. The investigations were requested in petitions 
filed on January 8, 2016, by Titan Tire Corporation of Des Moines, Iowa 
(``Titan'') and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO, CLC of Pittsburgh, Pennsylvania 
(``USW'').
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Although the Department of Commerce has preliminarily determined 
that imports of certain new pneumatic off-the-road-tires from India are 
not being, or are not likely to be, sold in the United States at less 
than fair value, for purposes of efficiency the Commission hereby 
waives rule 207.21(b) \4\ so that the final phase of the investigation 
may proceed concurrently in the event that Commerce makes a final 
affirmative determination with respect to such imports.
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    \4\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a Final Phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
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    Participation in the investigations 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 final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on December 
20, 2016, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on 
Wednesday, January 04, 2017, at the U.S. International Trade Commission 
Building. Requests to appear at the hearing should be filed in writing 
with the Secretary to the Commission on or before December 29, 2016. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on January 3, 2017, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is December 28, 2016. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is January 11, 2017. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before January 11, 2017. On January 27, 2017, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before January 31, 2017, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. 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

[[Page 62762]]

Handbook on E-Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to 
electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: September 7, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-21847 Filed 9-9-16; 8:45 am]
 BILLING CODE 7020-02-P

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