Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review |
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Paul Piquado
Department of Commerce
22 August 2016
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56587-56589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20023]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-016]
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Notice of Final Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2016, the Department of Commerce (the Department)
published its notice of initiation and preliminary results of a changed
circumstances review of the antidumping duty (AD) order on certain
passenger vehicle and light truck tires (passenger tires) from the
People's Republic of China (PRC). In that notice, we preliminarily
determined that Sailun Jinyu Group (HONG KONG) Co., Limited (Sailun
Jinyu HK) is the successor-in-interest to Jinyu International Holding
Co., Limited (Jinyu HK) for purposes of determining antidumping duty
cash deposits and liabilities. No interested party submitted comments
regarding the initiation and preliminary results. For these final
results, the Department continues to find that Sailun Jinyu HK is the
successor-in-interest to Jinyu HK.
DATES: Effective August 22, 2016.
FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482-1398.
[[Page 56588]]
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2015, the Department published in the Federal
Register an AD order on passenger tires from the PRC.\1\ On December
21, 2015, Jinyu HK, an exporter of passenger tires covered by this
order, changed its name from Jinyu HK to Sailun Jinyu HK. On February
23, 2016, Jinyu HK requested that the Department conduct a changed
circumstances review under section 751(b) of the Tariff Act of 1930
(the Act), as amended, 19 CFR 351.216, and 19 CFR 351.221(c)(3).\2\ In
this request, Jinyu HK asked the Department to determine that Sailun
Jinyu HK it is the successor-in-interest to Jinyu HK and, accordingly,
to assign it Jinyu HK's cash deposit rate.\3\
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\1\ See Certain Passenger Vehicle and Light Truck Tires From the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (AD Order).
\2\ See letter from Jinyu HK entitled, ``Jinyu International
Holding Co., Limited's Request for a Changed Circumstances Review in
Certain Passenger Vehicle and Light Truck Tires From the People's
Republic of China, Case No. A-570-016,'' at 1 (February 23, 2016)
(CCR Request).
\3\ Id.
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On July 8, 2016, the Department published its notice of initiation
and preliminary results of this changed circumstances review,
determining that Sailun Jinyu HK is the successor-in-interest to Jinyu
HK.\4\ In the Initiation and Preliminary Results, we provided all
interested parties with an opportunity to comment and to request a
public hearing regarding our preliminary finding that Sailun Jinyu HK
is the successor-in-interest to Jinyu HK. We received no comments
regarding our preliminary finding and no requests for a public hearing
from interested parties within the time period set forth in the
Initiation and Preliminary Results.
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\4\ See ``Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Passenger
Vehicle and Light Truck Tires from the People's Republic of China,''
88 FR 44588 (July 8, 2016) (Initiation and Preliminary Results).
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Scope of the Order
The products covered by the scope of this order are 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 order 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 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 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
[[Page 56589]]
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 order 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.
Final Results of Changed Circumstances Review
For the reasons stated in the Initiation and Preliminary Results,
and because we received no comments from interested parties to the
contrary, the Department continues to find that Sailun Jinyu HK is the
successor-in-interest to Jinyu HK. As a result of this determination,
we find that Sailun Jinyu HK should receive the AD cash deposit rate
previously assigned to Jinyu HK in the AD Order for passenger tires
from the PRC.\5\ Consequently, the Department will instruct U.S.
Customs and Border Protection to suspend liquidation of all shipments
of subject merchandise produced or exported by Sailun Jinyu HK and
entered, or withdrawn from warehouse, for consumption on or after the
publication date of this notice in the Federal Register at 0.00
percent, which is the current AD cash deposit rate for Jinyu HK.\6\
This cash deposit requirement shall remain in effect until further
notice.
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\5\ See AD Order.
\6\ Jinyu HK (as part of the Sailun Group Co., Ltd.) received a
cash deposit rate of 0.00 percent in the investigation of passenger
tires from the PRC. See AD Order, at 47904. Because we determined
that Sailun Jinyu HK is the successor-in-interest to Jinyu HK, we
will assign Sailun Jinyu HK a cash deposit rate based on the amended
final determination of that investigation.
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We are issuing this determination and publishing these final
results and notice in accordance with sections 751(b)(1) and 777(i)(1)
and (2) of the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: August 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-20023 Filed 8-19-16; 8:45 am]
BILLING CODE 3510-DS-P