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

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

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