[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10663-10664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04400]


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

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary)]


Certain New Pneumatic Off-the-Road-Tires From China, India, and 
Sri Lanka

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports of certain new 
pneumatic off-the-road tires (``OTR tires'') from India, 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, 8431.49.90, 8709.90.00, and 8716.90.10 \2\ of the 
Harmonized Tariff Schedule of the United States, that are allegedly 
sold in the United States at less than fair value (``LTFV'') and 
imports of OTR tires that are allegedly subsidized by the governments 
of India and Sri Lanka.
---------------------------------------------------------------------------

    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ OTR tires may also enter under the following HTS 
subheadings: 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.
---------------------------------------------------------------------------

    The Commission also found that imports of OTR tires from China are 
negligible pursuant to section 771(24) of the Act, and its 
investigations with regard to imports from this country are thereby 
terminated pursuant to section 733(a)(1) of the Act.

Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (``Commerce'') of affirmative preliminary 
determinations in the investigations of OTR tires from India and Sri 
Lanka under sections 703(b) or 733(b) of the Act, or, if the 
preliminary determinations are negative, upon notice of affirmative 
final determinations in those investigations under sections 705(a) or 
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigations need not enter a separate 
appearance for the final phase of the investigations. Industrial users, 
and, if the merchandise under investigation is sold at the retail 
level, representative consumer organizations have the right to appear 
as parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Background

    On January 8, 2016, Titan Tire Corporation of Des Moines, Iowa and 
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, 
Allied Industrial and Service Workers International Union, AFL-CIO, CLC 
of Pittsburgh, Pennsylvania filed petitions with the Commission and 
Commerce, alleging that an industry in the United

[[Page 10664]]

States is materially injured or threatened with material injury by 
reason of imports of OTR tires from China and India that are alleged to 
be sold in the United States at LTFV and imports of OTR tires alleged 
to be subsidized by the governments of China, India, and Sri Lanka. 
Accordingly, effective January 8, 2016, the Commission, pursuant to 
sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 
1671b(a) and 1673b(a)), instituted countervailing duty investigation 
Nos. 701-TA-551-553 and antidumping duty investigation Nos. 731-TA-
1307-1308 (Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of January 15, 2016 (81 FR 2236). The 
conference was held in Washington, DC, on January 29, 2016, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission made these determinations pursuant to sections 
703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 
1673b(a)). It completed and filed its determinations in these 
investigations on February 24, 2016.\3\ The views of the Commission are 
contained in USITC Publication 4594 (March 2016), entitled Certain New 
Pneumatic Off-the-Road-Tires from China, India, and Sri Lanka: 
Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary).
---------------------------------------------------------------------------

    \3\ The Commission has the authority to toll statutory deadlines 
during a period when the Federal government is closed. Because the 
Commission was closed on January 25 and 26, 2016 due to inclement 
weather in Washington, DC, the Commission tolled the statutory 
deadline for these investigations by two days.

---------------------------------------------------------------------------
    By order of the Commission.

    Issued: February 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-04400 Filed 2-29-16; 8:45 am]
 BILLING CODE 7020-02-P