Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 51627

OTR TIRES FROM THE PRC—Continued

Weighted- average Exporter Producer margin (percent)

Qingdao Free Trade Zone Full-World International Trading Co., Yellowsea Tyre Factory ...... 12.91 Ltd.. Qingdao Free Trade Zone Full-World International Trading Co., Zhentai Tyre Co., Ltd...... 12.91 Ltd.. Qingdao Hengda Tyres Co., Ltd...... Qingdao Hengda Tyres Co., Ltd...... 12.91 Qingdao Milestone Tyre Co., Ltd...... Qingdao Shuanghe Tyre Co., Ltd...... 12.91 Qingdao Milestone Tyre Co., Ltd...... Shandong Zhentai Tyre Co., Ltd...... 12.91 Qingdao Milestone Tyre Co., Ltd...... Shifeng Double-Star Tire Co., Ltd...... 12.91 Qingdao Milestone Tyre Co., Ltd...... Longtai Tyre Co., Ltd...... 12.91 Qingdao Qihang Tyre Co., Ltd...... Qingdao Qihang Tyre Co., Ltd...... 12.91 Qingdao Qizhou Rubber Co., Ltd...... Qingdao Qizhou Rubber Co., Ltd...... 12.91 Qingdao Sinorient International Ltd...... Qingdao Hengda Tyres Co., Ltd...... 12.91 Qingdao Sinorient International Ltd...... Shifeng Double-Star Tire Co., Ltd...... 12.91 Qingdao Sinorient International Ltd...... Tengzhou Broncho Tyre Co., Ltd.= ...... 12.91 Shandong Huitong Tyre Co., Ltd...... Shandong Huitong Tyre Co., Ltd...... 12.91 Shandong Jinyu Tyre Co., Ltd...... Shandong Jinyu Tyre Co., Ltd...... 12.91 Shandong Taishan Tyre Co., Ltd...... Shandong Taishan Tyre Co., Ltd. = ...... 12.91 Shandong Wanda Boto Tyre Co., Ltd...... Shandong Wanda Boto Tyre Co., Ltd...... 12.91 Shandong Xingyuan International Trading Co., Ltd...... Shangdong Xingda Tyre Co., Ltd...... 12.91 Shandong Xingyuan International Trading Co., Ltd...... Xingyuan Tyre Group Co., Ltd...... 12.91 Techking Tires Limited ...... Shandong Xingda Tyre Co. Ltd...... 12.91 Techking Tires Limited ...... Shandong Xingyuan International Trade Co. Ltd...... 12.91 Techking Tires Limited ...... Shandong Xingyuan Rubber Co. Ltd...... 12.91 Triangle Tyre Co., Ltd...... Triangle Tyre Co., Ltd...... 12.91 Wendeng Sanfeng Tyre Co., Ltd...... Wendeng Sanfeng Tyre Co., Ltd...... 12.91 Zhaoyuan Leo Rubber Co., Ltd...... Zhaoyuan Leo Rubber Co., Ltd...... 12.91 PRC-Entity ...... 210.48

Because the Department continues to DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: find that the weighted-average dumping Case History margin for subject merchandise International Trade Administration produced and exported by Xugong is In accordance with section 705(d) of [C–570–913] zero, we are instructing CBP to the Tariff Act of 1930, as amended (the Act), on July 15, 2008, the Department terminate suspension of liquidation of Certain New Pneumatic Off-the-Road published its final determination in the all imports of subject merchandise Tires From the People’s Republic of countervailing duty investigation of produced and exported by Xugong, : Countervailing Duty Order entered, or withdrawn from warehouse, certain new pneumatic off-the-road tires for consumption on or after February 20, AGENCY: Import Administration, from the PRC. See Certain New 2008, the date of publication of the International Trade Administration, Pneumatic Off-the-Road Tires From the preliminary determination. CBP shall Department of Commerce. People’s Republic of China: Final Affirmative Countervailing Duty refund any cash deposit and release any SUMMARY: Based on an affirmative final Determination and Final Negative bond or other security previously posted determination by the U.S. International Determination of Critical in connection with merchandise Trade Commission (ITC), the Circumstances, 73 FR 40480 (July 15, produced and exported by Xugong. Department of Commerce (the This notice constitutes the 2008). Department) is issuing a countervailing On July 18, 2008, Starbright timely antidumping duty order with respect to duty order on certain new pneumatic certain new pneumatic OTR tires from filed a ministerial error allegation. No off-the-road tires from the People’s other party to the proceeding filed a the PRC, pursuant to section 736 (a) of Republic of China (PRC). On August 28, the Act. Interested parties may contact ministerial error allegation. After 2008, the ITC notified the Department of analyzing all interested party comments the Department’s Central Records Unit, its affirmative determination of material Room 1117 of the Main Commerce and rebuttals regarding the alleged injury to a U.S. industry. See Certain ministerial error, the Department Building, for copies of an updated list Off-the-Road Tires From China, USITC of antidumping duty orders currently in determined that it did not make a Pub. 4031, Inv. Nos. 701–TA–448 and ministerial error. See Memorandum to effect. 731–TA–1117 (Final) (August 2008). This order is issued and published in Barbara Tillman, ‘‘Countervailing Duty DATES: Effective Date: September 4, accordance with section 736 (a) of the Investigation of Certain New Pneumatic 2008. Act and 19 CFR 351.211 (b). Off-The-Road Tires from the People’s Contact Information: Mark Hoadley, Republic of China: Allegations of a Dated: August 29, 2008. AD/CVD Operations, Office 6, Import Ministerial Error in the Final David M. Spooner Administration, International Trade Determination’’ (July 30, 2008). Assistant Secretary for Import Administration, Department of Administration. Commerce, 14th Street and Constitution Scope of the Order [FR Doc. E8–20569 Filed 9–3–08; 8:45 am] Avenue, NW., Washington, DC 20230; The products covered by the order are BILLING CODE 3510–DS–P telephone: (202) 482–3148. new pneumatic tires designed for off-

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the-road (OTR) and off-highway use, including smooth floor, industrial, bicycles, on-road or on-highway trailers, subject to exceptions identified below. mining, counterbalanced lift trucks, light trucks, and trucks and buses. Such Certain OTR tires are generally industrial and mining vehicles other tires generally have in common that the designed, manufactured and offered for than smooth floor, skid-steers/mini- symbol ‘‘DOT’’ must appear on the sale for use on off-road or off-highway loaders, and smooth floor off-the-road sidewall, certifying that the tire surfaces, including but not limited to, counterbalanced lift trucks.13 The conforms to applicable motor vehicle agricultural fields, forests, construction foregoing list of vehicles and equipment safety standards. Such excluded tires sites, factory and warehouse interiors, generally have in common that they are may also have the following airport tarmacs, ports and harbors, used for hauling, towing, lifting, and/or designations that are used by the Tire mines, quarries, gravel yards, and steel loading a wide variety of equipment and and Rim Association: mills. The vehicles and equipment for materials in agricultural, construction Prefix letter designations: which certain OTR tires are designed for and industrial settings. Such vehicles • P—Identifies a tire intended use include, but are not limited to: (1) and equipment, and the descriptions primarily for service on passenger cars; Agricultural and forestry vehicles and contained in the footnotes are • LT—Identifies a tire intended equipment, including agricultural illustrative of the types of vehicles and primarily for service on light trucks; tractors,1 combine harvesters,2 equipment that use certain OTR tires, and, agricultural high clearance sprayers,3 but are not necessarily all-inclusive. • ST—Identifies a special tire for industrial tractors,4 log-skidders,5 While the physical characteristics of trailers in highway service. agricultural implements, highway- certain OTR tires will vary depending Suffix letter designations: towed implements, agricultural logging, on the specific applications and • TR—Identifies a tire for service on and agricultural, industrial, skid-steers/ conditions for which the tires are trucks, buses, and other vehicles with mini-loaders; 6 (2) construction vehicles designed (e.g., tread pattern and depth), rims having specified rim diameter of and equipment, including earthmover all of the tires within the scope have in nominal plus 0.156″ or plus 0.250″; articulated dump products, rigid frame common that they are designed for off- • MH—Identifies tires for Mobile haul trucks,7 front end loaders,8 dozers,9 road and off-highway use. Except as Homes; lift trucks, straddle carriers,10 graders,11 discussed below, OTR tires included in • HC—Identifies a heavy duty tire mobile cranes,12 compactors; and (3) the scope of the order range in size (rim designated for use on ‘‘HC’’ 15″ tapered industrial vehicles and equipment, diameter) generally but not exclusively rims used on trucks, buses, and other from 8 inches to 54 inches. The tires vehicles. This suffix is intended to 1 Agricultural tractors are dual-axle vehicles that may be either tube-type 14 or tubeless, differentiate among tires for light trucks, typically are designed to pull farming equipment in radial or non-radial, and intended for and other vehicles or other services, the field and that may have front tires of a different sale either to original equipment which use a similar designation. size than the rear tires. • 2 manufacturers or the replacement Example: 8R17.5 LT, 8R17.5 HC; Combine harvesters are used to harvest crops • such as corn or wheat. market. The subject merchandise is LT—Identifies light truck tires for 3 Agricultural sprayers are used to irrigate currently classifiable under Harmonized service on trucks, buses, trailers, and agricultural fields. Tariff Schedule of the United States multipurpose passenger vehicles used 4 Industrial tractors are dual-axle vehicles that (‘‘HTSUS’’) subheadings: 4011.20.10.25, in nominal highway service; and typically are designed to pull industrial equipment • MC—Identifies tires and rims for and that may have front tires of a different size than 4011.20.10.35, 4011.20.50.30, the rear tires. 4011.20.50.50, 4011.61.00.00, motorcycles. 5 A log-skidder has a grappling lift arm that is 4011.62.00.00, 4011.63.00.00, The following types of tires are also used to grasp, lift and move trees that have been 4011.69.00.00, 4011.92.00.00, excluded from the scope: pneumatic cut down to a truck or trailer for transport to a mill 4011.93.40.00, 4011.93.80.00, tires that are not new, including or other destination. recycled or retreaded tires and used 6 Skid-steer loaders are four-wheel drive vehicles 4011.94.40.00, and 4011.94.80.00. While with the left-side drive wheels independent of the HTSUS subheadings are provided for tires; non-pneumatic tires, including right-side drive wheels and lift arms that lie convenience and customs purposes, our solid rubber tires; tires of a kind alongside the driver with the major pivot points written description of the scope is designed for use on aircraft, all-terrain behind the driver’s shoulders. Skid-steer loaders are vehicles, and vehicles for turf, lawn and used in agricultural, construction and industrial dispositive. settings. Specifically excluded from the scope garden, golf and trailer applications. 7 Haul trucks, which may be either rigid frame or are new pneumatic tires designed, Also excluded from the scope are radial articulated (i.e., able to bend in the middle) are manufactured and offered for sale and bias tires of a kind designed for use typically used in mines, quarries and construction primarily for on-highway or on-road in mining and construction vehicles and sites to haul soil, aggregate, mined ore, or debris. equipment that have a rim diameter 8 Front loaders have lift arms in front of the use, including passenger cars, race cars, vehicle. They can scrape material from one location station wagons, sport utility vehicles, equal to or exceeding 39 inches. Such to another, carry material in their buckets, or load minivans, mobile homes, motorcycles, tires may be distinguished from other material into a truck or trailer. tires of similar size by the number of 9 A dozer is a large four-wheeled vehicle with a 13 A counterbalanced lift truck is a rigid framed, plies that the construction and mining dozer blade that is used to push large quantities of engine-powered machine with lift arms that has tires contain (minimum of 16) and the soil, sand, rubble, etc., typically around additional weight incorporated into the back of the construction sites. They can also be used to perform machine to offset or counterbalance the weight of weight of such tires (minimum 1500 ‘‘rough grading’’ in road construction. loads that it lifts so as to prevent the vehicle from pounds). 10 A straddle carrier is a rigid frame, engine- overturning. An example of a counterbalanced lift powered machine that is used to load and offload truck is a counterbalanced fork lift truck. Countervailing Duty Order containers from container vessels and load them Counterbalanced lift trucks may be designed for use On August 28, 2008, the ITC notified onto (or off of) tractor trailers. on smooth floor surfaces, such as a factory or 11 A grader is a vehicle with a large blade used warehouse, or other surfaces, such as construction the Department of its final to create a flat surface. Graders are typically used sites, mines, etc. determination, pursuant to section to perform ‘‘finish grading.’’ Graders are commonly 14 While tube-type tires are subject to the scope 705(b)(1)(A)(i) of the Act, that an used in maintenance of unpaved roads and road of this proceeding, tubes and flaps are not subject industry in the United States is construction to prepare the base course onto which merchandise and therefore are not covered by the asphalt or other paving material will be laid. scope of this proceeding, regardless of the manner materially injured as a result of 12 I.e., ‘‘on-site’’ mobile cranes designed for off- in which they are sold (e.g., sold with or separately subsidized imports from the PRC. The highway use. from subject merchandise). ITC also determined that critical

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circumstances do not exist with respect to certain new pneumatic OTR tires Washington, DC 20230; telephone: (202) to subject imports from the PRC. from the PRC pursuant to section 706(a) 482–2243. As a result of the ITC’s final of the Act. Interested parties may SUPPLEMENTARY INFORMATION: determination, in accordance with contact the Central Records Unit, Room section 706(a) of the Act, the 1117 of the main Commerce building, Case History Department will direct U.S. Customs for copies of an updated list of On March 5, 2008, the Department and Border Protection (CBP) to assess, countervailing duty orders currently in published its Preliminary Rescission. upon further instruction by the effect. On April 4, 2008, Council Tool Department, countervailing duties on all This countervailing duty order is Company (a domestic interested party) unliquidated entries of OTR tires from issued and published in accordance filed a timely case brief. On August 9, the PRC entered, or withdrawn from with sections 705(c)(2) and 706 of the 2008, Truper filed a timely rebuttal warehouse, for consumption on or after Act and 19 CFR 351.211. brief. On July 10, 2008, the Department December 17, 2007, the date on which Dated: August 29, 2008. published a notice extending the final the Department published its David M. Spooner, results by 60 days to September 2, 1 preliminary affirmative countervailing Assistant Secretary for Import 2008. See Heavy Forged Hand Tools, duty determination in the Federal Administration. Finished or Unfinished, With or Without Register, and before April 15, 2008, the [FR Doc. E8–20568 Filed 9–3–08; 8:45 am] Handles, From the People’s Republic of date on which the Department China: Notice of Extension of Time BILLING CODE 3510–DS–P instructed CBP to discontinue the Limit for the Final Results of suspension of liquidation in accordance Antidumping Duty Administrative with section 703(d) of the Act. Section DEPARTMENT OF COMMERCE Review, 73 FR 39655 (July 10, 2008). 703(d) states that the suspension of Scope of the Review liquidation pursuant to a preliminary International Trade Administration determination may not remain in effect The products covered by these orders [A–570–803] for more than four months. Entries of are HFHTs from the PRC, comprising OTR tires made on or after April 15, Heavy Forged Hand Tools, Finished or the following classes or kinds of 2008, and prior to the date of Unfinished, With or Without Handles, merchandise: (1) Hammers and sledges publication of the ITC’s final From the People’s Republic of China: with heads over 1.5 kg (3.33 pounds); determination in the Federal Register Rescission of Antidumping Duty (2) bars over 18 inches in length, track are not liable for the assessment of Administrative Review tools and wedges; (3) picks and countervailing duties, due to the mattocks; and (4) axes, adzes and Department’s discontinuation, effective AGENCY: Import Administration, similar hewing tools. HFHTs include April 15, 2008, of the suspension of International Trade Administration, heads for drilling hammers, sledges, liquidation. Department of Commerce. axes, mauls, picks and mattocks, which In accordance with section 706 of the SUMMARY: On March 5, 2008, the may or may not be painted, which may Act, the Department will direct CBP to Department of Commerce (‘‘the or may not be finished, or which may reinstitute the suspension of liquidation Department’’) published a notice or may not be imported with handles; for OTR tires from the PRC, effective the preliminarily rescinding the assorted bar products and track tools date of publication of the ITC’s notice of administrative review on the including wrecking bars, digging bars final determination in the Federal antidumping duty order on heavy forged and tampers; and steel wood splitting Register, and to assess, upon further hand tools from the People’s Republic of wedges. HFHTs are manufactured advice by the Department pursuant to China, covering the period February 1, through a hot forge operation in which section 706(a)(1) of the Act, 2006, through January 31, 2007. See steel is sheared to required length, countervailing duties for each entry of Heavy Forged Hand Tools, Finished or heated to forging temperature, and the subject merchandise in an amount Unfinished, With or Without Handles, formed to final shape on forging based on the net countervailable From the People’s Republic of China: equipment using dies specific to the subsidy rates for the subject Preliminary Rescission of Antidumping desired product shape and size. merchandise. On or after the date of Duty Administrative Review, 73 FR Depending on the product, finishing publication of the ITC’s final injury 11867 (March 5, 2008) (‘‘Preliminary operations may include shot blasting, determination in the Federal Register, Rescission’’). We gave interested parties grinding, polishing and painting, and CBP must require, at the same time as an opportunity to comment on the the insertion of handles for handled importers would normally deposit Preliminary Rescission. Based upon our products. HFHTs are currently provided estimated duties on this merchandise, a analysis of the comments and for under the following Harmonized cash deposit equal to the rates noted information received, we have made no Tariff System of the United States below: changes to the preliminary rescission. (‘‘HTSUS’’) subheadings: 8205.20.60, We find that there is no evidence that 8205.59.30, 8201.30.00, 8201.40.60, and Subsidy Truper Herraminetas S.A. de C.V. 8205.59.5510. Specifically excluded Producer/exporter rate from these investigations are hammers (percent) (‘‘Truper’’) made sales of the subject merchandise to the United States during and sledges with heads 1.5 kg. (3.33 Guizhou Tire Co., Ltd. (GTC) ..... 2.45 the period of review (‘‘POR’’). pounds) in weight and under, hoes and Hebei Starbright Tire Co., Ltd. DATES: Effective Date: September 4, rakes, and bars 18 inches in length and (Starbright) ...... 14.00 2008. United Tire & Rubber 1 Sixty days from July 3, 2008, is September 1, International Co., Ltd. FOR FURTHER INFORMATION CONTACT: 2008. However, Department practice dictates that (TUTRIC) ...... 6.85 Javier Barrientos AD/CVD Operations, where a deadline falls on a federal holiday, the All Others ...... 5.62 Office 9, Import Administration, appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next International Trade Administration, Business Day’’ Rule for Administrative This notice constitutes the U.S. Department of Commerce, 14th Determination Deadlines Pursuant to the Act, 70 FR countervailing duty order with respect Street and Constitution Avenue, NW., 24533 (May 10, 2005).

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