32376 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 

1See Letter from Mai Shandong to the 

Department regarding Certain New Pneumatic OffThe-Road Tires from the People’s Republic of 

China, Request for Changed Circumstances Review 

(Case No. A-570-912) (September 14, 2009). 

2Agricultural tractors are dual-axle vehicles that 

typically are designed to pull farming equipment in 

the field and that may have front tires of a different 

size than the rear tires. 

3Combine harvesters are used to harvest crops 

such as corn or wheat. 

4Agricultural sprayers are used to irrigate 

agricultural fields 

5 Industrial tractors are dual-axle vehicles that 

typically are designed to pull industrial equipment 

and that may have front tires of a different size than 

the rear tires. 

6A log-skidder has a grappling lift arm that is 

used to grasp, lift and move trees that have been 

cut down to a truck or trailer for transport to a mill 

or other destination. 

7Skid-steer loaders are four-wheel drive vehicles 

with the left-side drive wheels independent of the 

right-side drive wheels and lift arms that lie 

alongside the driver with the major pivot points 

behind the driver’s shoulders. Skid-steer loaders are 

used in agricultural, construction and industrial 

settings. 

8Haul trucks, which may be either rigid frame or 

articulated (i.e., able to bend in the middle) are 

typically used in mines, quarries and construction 

sites to haul soil, aggregate, mined ore, or debris. 

9Front loaders have lift arms in front of the 

vehicle. They can scrape material from one location 

to another, carry material in their buckets, or load 

material into a truck or trailer. 

10A dozer is a large four-wheeled vehicle with a 

dozer blade that is used to push large quantities of 

soil, sand, rubble, etc., typically around 

construction sites. They can also be used to perform 

‘‘rough grading’’ in road construction. 

11A straddle carrier is a rigid frame, enginepowered machine that is used to load and offload 

containers from container vessels and load them 

onto (or off of) tractor trailers. 

12A grader is a vehicle with a large blade used 

to create a flat surface. Graders are typically used 

to perform ‘‘finish grading.’’ Graders are commonly 

used in maintenance of unpaved roads and road 

construction to prepare the base course on to which 

asphalt or other paving material will be laid. 

13 I.e., ‘‘on-site’’ mobile cranes designed for offhighway use. 

14A counterbalanced lift truck is a rigid framed, 

engine-powered machine with lift arms that has 

additional weight incorporated into the back of the 

machine to offset or counterbalance the weight of 

loads that it lifts so as to prevent the vehicle from 

overturning. An example of a counterbalanced lift 

truck is a counterbalanced fork lift truck. 

Counterbalanced lift trucks may be designed for use 

on smooth floor surfaces, such as a factory or 

warehouse, or other surfaces, such as construction 

sites, mines, etc. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–912] 

Certain New Pneumatic Off–the-Road 

Tires from the People’s Republic of 

China: Preliminary Results of Changed 

Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 10, 2009, the 

Department of Commerce (‘‘the 

Department’’) published in the Federal 

Register a notice of initiation of a 

changed circumstances review of the 

antidumping duty order on certain new 

pneumatic off–the-road (‘‘OTR’’) tires 

from the People’s Republic of China 

(‘‘PRC’’) in order to determine whether 

Mai Shandong Radial Tyre Co., Ltd. 

(‘‘Mai Shandong’’) is the successor–ininterest to Shandong Jinyu Tyre Co., 

Ltd. (‘‘Shandong Jinyu’’) for the purpose 

of determining antidumping duty 

liability. We have preliminarily 

determined that Mai Shandong is not 

the successor–in-interest to Shandong 

Jinyu for the purpose of determining 

antidumping duty liability. Interested 

parties are invited to comment on these 

preliminary results. 

EFFECTIVE DATE: June 8, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Raquel Silva, AD/CVD Operations, 

Office 8, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW, Washington, 

DC 20230; telephone: 202–482–6475. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 4, 2008, the 

Department published in the Federal 

Register an antidumping duty order on 

OTR tires from the PRC. See Certain 

New Pneumatic Off–the-Road Tires 

From the People’s Republic of China: 

Notice of Amended Final Affirmative 

Determination of Sales at Less Than 

Fair Value and Antidumping Duty 

Order, 73 FR 51624 (September 4, 2008) 

(‘‘Order’’). As part of the Order, 

Shandong Jinyu received the separate– 

rate respondent amended rate of 12.91 

percent. Id. at 51627. On September 14, 

2009, Mai Shandong filed a submission 

requesting that the Department conduct 

a changed circumstances review of the 

Order to confirm that it is the 

successor–in-interest to Shandong 

Jinyu.1 In its submission, Mai Shandong 

provided the Joint Venture Contract, 

Articles of Association and various 

other documents confirming: 1) an 

approximately 90–percent transfer of 

OTR tire assets from Shandong Jinyu to 

Maitech Fin S.r.l. (now known as Mai 

International); and 2) the resulting 

formation of the Mai Shandong joint 

venture. In addition, Mai Shandong 

provided narrative explanation and 

limited documentation relating to the 

management, production facilities and 

process, customer base, supplier 

relationships, distribution and 

marketing channels and product mix of 

both it and the company as it previously 

operated as Shandong Jinyu. As part of 

its September 14, 2009 submission, Mai 

Shandong requested that the 

Department conduct an expedited 

review. 

In response to the request, the 

Department initiated a changed 

circumstances review of Mai Shandong 

on November 10, 2009. See Certain New 

Pneumatic Off–the-Road Tires from the 

People’s Republic of China: Initiation of 

Changed Circumstances Review, 74 FR 

57999 (November 10, 2009). However, 

the Department found conclusive 

evidence lacking and, therefore, 

determined an expedited preliminary 

result was not appropriate. Id. at 58001. 

Subsequent to initiation, the 

Department issued, and Mai Shandong 

responded to, several supplemental 

questionnaires requesting additional 

information. 

Scope of the Order 

The products covered by the order are 

new pneumatic tires designed for off– 

the-road and off–highway use, subject to 

exceptions identified below. Certain 

OTR tires are generally designed, 

manufactured and offered for sale for 

use on off–road or off–highway surfaces, 

including but not limited to, agricultural 

fields, forests, construction sites, factory 

and warehouse interiors, airport 

tarmacs, ports and harbors, mines, 

quarries, gravel yards, and steel mills. 

The vehicles and equipment for which 

certain OTR tires are designed for use 

include, but are not limited to: (1) 

agricultural and forestry vehicles and 

equipment, including agricultural 

tractors,2 combine harvesters,3

agricultural high clearance sprayers,4

industrial tractors,5 log–skidders,6

agricultural implements, highway– 

towed implements, agricultural logging, 

and agricultural, industrial, skid–steers/ 

mini–loaders;7 (2) construction vehicles 

and equipment, including earthmover 

articulated dump products, rigid frame 

haul trucks,8 front end loaders,9

dozers,10 lift trucks, straddle carriers,11

graders,12 mobile cranes,13 compactors; 

and (3) industrial vehicles and 

equipment, including smooth floor, 

industrial, mining, counterbalanced lift 

trucks, industrial and mining vehicles 

other than smooth floor, skid–steers/ 

mini–loaders, and smooth floor off–theroad counterbalanced lift trucks.14 The 

foregoing list of vehicles and equipment 

generally have in common that they are 

used for hauling, towing, lifting, and/or 

loading a wide variety of equipment and 

materials in agricultural, construction 

and industrial settings. Such vehicles 

and equipment, and the descriptions 

contained in the footnotes are 

illustrative of the types of vehicles and 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 32377 

15While tube-type tires are subject to the scope 

of this proceeding, tubes and flaps are not subject 

merchandise and therefore are not covered by the 

scope of this proceeding, regardless of the manner 

in which they are sold (e.g., sold with or separately 

from subject merchandise). 

equipment that use certain OTR tires, 

but are not necessarily all–inclusive. 

While the physical characteristics of 

certain OTR tires will vary depending 

on the specific applications and 

conditions for which the tires are 

designed (e.g., tread pattern and depth), 

all of the tires within the scope have in 

common that they are designed for off– 

road and off–highway use. Except as 

discussed below, OTR tires included in 

the scope of the order range in size (rim 

diameter) generally but not exclusively 

from 8 inches to 54 inches. The tires 

may be either tube–type15 or tubeless, 

radial or non–radial, and intended for 

sale either to original equipment 

manufacturers or the replacement 

market. The subject merchandise is 

currently classifiable under Harmonized 

Tariff Schedule of the United States 

(‘‘HTSUS’’) subheadings: 4011.20.10.25, 

4011.20.10.35, 4011.20.50.30, 

4011.20.50.50, 4011.61.00.00, 

4011.62.00.00, 4011.63.00.00, 

4011.69.00.00, 4011.92.00.00, 

4011.93.40.00, 4011.93.80.00, 

4011.94.40.00, and 4011.94.80.00. While 

HTSUS subheadings are provided for 

convenience and customs purposes, our 

written description of the scope is 

dispositive. 

Specifically excluded from the scope 

are new pneumatic tires designed, 

manufactured and offered for sale 

primarily for on–highway or on–road 

use, including passenger cars, race cars, 

station wagons, sport utility vehicles, 

minivans, mobile homes, motorcycles, 

bicycles, on–road or on–highway 

trailers, light trucks, and trucks and 

buses. Such tires generally have in 

common that the symbol ‘‘DOT’’ must 

appear on the sidewall, certifying that 

the tire conforms to applicable motor 

vehicle safety standards. Such excluded 

tires may also have the following 

designations that are used by the Tire 

and Rim Association: 

Prefix letter designations: 

• P - Identifies a tire intended 

primarily for service on passenger 

cars; 

• LT - Identifies a tire intended 

primarily for service on light trucks; 

and, 

• ST - Identifies a special tire for 

trailers in highway service. 

Suffix letter designations: 

• TR - Identifies a tire for service on 

trucks, buses, and other vehicles 

with rims having specified rim 

diameter of nominal plus 0.156′′ or 

plus 0.250′′; 

• MH - Identifies tires for Mobile 

Homes; 

• HC - Identifies a heavy duty tire 

designated for use on ‘‘HC’’ 15′′ 

tapered rims used on trucks, buses, 

and other vehicles. This suffix is 

intended to differentiate among 

tires for light trucks, and other 

vehicles or other services, which 

use a similar designation. 

• Example: 8R17.5 LT, 8R17.5 HC; 

• LT - Identifies light truck tires for 

service on trucks, buses, trailers, 

and multipurpose passenger 

vehicles used in nominal highway 

service; and 

• MC - Identifies tires and rims for 

motorcycles. 

The following types of tires are also 

excluded from the scope: pneumatic 

tires that are not new, including 

recycled or retreaded tires and used 

tires; non–pneumatic tires, including 

solid rubber tires; tires of a kind 

designed for use on aircraft, all–terrain 

vehicles, and vehicles for turf, lawn and 

garden, golf and trailer applications. 

Also excluded from the scope are radial 

and bias tires of a kind designed for use 

in mining and construction vehicles and 

equipment that have a rim diameter 

equal to or exceeding 39 inches. Such 

tires may be distinguished from other 

tires of similar size by the number of 

plies that the construction and mining 

tires contain (minimum of 16) and the 

weight of such tires (minimum 1500 

pounds). 

Preliminary Results of the Review 

In this changed circumstances review 

pursuant to section 751(b) of the Tariff 

Act of 1930, as amended (the ‘‘Act’’), the 

Department has conducted a successor– 

in-interest analysis. In making a 

successor–in-interest determination, the 

Department examines several factors, 

including, but not limited to, changes in 

the following: (1) management; (2) 

production facilities; (3) supplier 

relationships; and (4) customer base. 

See, e.g., Notice of Final Results of 

Changed Circumstances Antidumping 

Duty Administrative Review: 

Polychloroprene Rubber From Japan, 67 

FR 58 (January 2, 2002). While no single 

factor or combination of factors will 

necessarily provide a dispositive 

indication of a successor–in-interest 

relationship, generally, the Department 

will consider the new company to be 

the successor to the previous company 

if the new company’s resulting 

operation is not materially dissimilar to 

that of its predecessor. See, e.g., Fresh 

and Chilled Atlantic Salmon From 

Norway; Final Results of Changed 

Circumstances Antidumping Duty 

Administrative Review, 64 FR 9979, 

9980 (March 1, 1999). Thus, if the 

record evidence demonstrates that, with 

respect to the production and sale of the 

subject merchandise, the new company 

operates as the same business entity as 

the predecessor company, the 

Department may assign the new 

company the cash deposit rate of its 

predecessor. 

In accordance with 19 CFR 

351.221(c)(3)(i), we preliminarily 

determine that Mai Shandong, formed 

by an approximately 90–10 ownership 

joint venture of Mai International and 

Shandong Jinyu, respectively, is not the 

successor–in-interest to Shandong 

Jinyu. While the record evidence 

indicates that Mai Shandong retained 

identical production facilities, 

distribution channels and similar 

suppliers to Shandong Jinyu, it also 

indicates that Mai Shandong’s 

ownership, management composition, 

corporate structure and sales/marketing 

operations changed significantly from 

that of Shandong Jinyu. The remaining 

business characteristics (e.g., production 

process) changed moderately, but not 

sufficiently to warrant elaboration. 

While Mai Shandong claims that the 

majority of its personnel transferred 

from Shandong Jinyu, none of Shandong 

Jinyu’s executive–level managers 

remain in Mai Shandong. Furthermore, 

Mai Shandong is now governed by a 

Board of Directors, in which Mai 

Shandong’s new Italian parent company 

retains two–thirds control overall of Mai 

Shandong’s major operational decisions. 

With respect to corporate and 

operational structure, the new entity no 

longer has its own independent human 

resources, raw material processing, 

corporate–level research and 

development or sales capabilities. 

Shandong Jinyu conducted those 

business functions for itself whereas 

Mai Shandong depends on its parent 

companies for each of those functions. 

For further information, please see 

Memorandum from Raquel Silva, 

Analyst, regarding ‘‘Analysis Memo for 

Preliminary Results of Antidumping 

Duty Changed Circumstances Review of 

New Pneumatic Off–the-Road Tires 

from the People’s Republic of China,’’ 

dated concurrently with the signature 

date of this notice (‘‘Preliminary Results 

Analysis Memo’’). 

Finally, Mai Shandong’s sales and 

marketing operations are now highly 

dependent upon its Italian parent. Mai 

Shandong retains an employee partially 

dedicated to sales activities; the 

employee plays a supportive, but not 

leading role. It also routes all sales 


emcdonald on DSK2BSOYB1PROD with NOTICES
32378 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 

through Mai International, selling no 

product directly to customers as 

Shandong Jinyu had done. Additionally, 

Mai Shandong has not sold any product 

to any of Shandong Jinyu’s former U.S. 

customers. The evidence on the record 

also shows a significant change in 

customer base. For further information, 

please see the Preliminary Results 

Analysis Memo. 

Therefore, we preliminarily find that 

the record evidence does not support 

Mai Shandong’s claim that it is the 

successor–in-interest to Shandong 

Jinyu. Mai International’s acquisition of 

approximately 90 percent equity in 

Shandong Jinyu’s OTR tires business 

resulted in a joint venture that is 

majority owned and operated by a new, 

foreign entity, with a new corporate 

structure, changed management, and 

significantly altered sales and marketing 

operations. Therefore, given the totality 

of the considered factors, the record 

evidence demonstrates that Mai 

Shandong is a new entity that operates 

in a significantly different manner from 

Shandong Jinyu. Consequently, we 

preliminarily determine that Mai 

Shandong should not be given the same 

antidumping duty treatment as 

Shandong Jinyu, i.e., the separate rate 

status previously afforded to Shandong 

Jinyu and the accompanying 12.91 

percent antidumping duty cash deposit 

rate. Instead, Mai Shandong, as a new 

entity, should continue to be treated as 

part of the PRC–entity until such time 

as it demonstrates that it meets the 

separate rates criteria established by the 

Department and assigned, as its cash 

deposit rate, the ‘‘PRC–wide entity’’ rate, 

which in this proceeding is 210.48 

percent. 

The cash deposit determination from 

this changed circumstances review will 

apply to all entries of the subject 

merchandise entered or withdrawn from 

warehouse, for consumption on or after 

the date of publication of the final 

results of this changed circumstances 

review. See Granular 

Polytetrafluoroethylene Resin from Italy: 

Final Results of Changed Circumstances 

Review, 68 FR 25327 (May 12, 2003). 

This deposit rate shall remain in effect 

until further notice. 

Public Comment 

Any interested party may request a 

hearing within 10 days of publication of 

this notice in accordance with 19 CFR 

351.310(c). Interested parties may 

submit case briefs no later than 14 days 

after the date of publication of this 

notice, in accordance with 19 CFR 

351.309(c)(1)(ii). Rebuttal briefs, limited 

to issues raised in the case briefs, may 

be filed no later than five days after the 

case briefs, in accordance with 19 CFR 

351.309(d)(1). Hearing requests should 

contain the following information: (1) 

the party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of the issues 

to be discussed. Oral presentations will 

be limited to issues raised in the briefs. 

If a request for a hearing is made, parties 

will be notified of the time and date for 

the hearing to be held at the U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW, 

Washington, DC 20230. See 19 CFR 

351.310(d). The Department will issue 

its final results of review within 270 

days after the date on which the 

changed circumstances review was 

initiated, in accordance with 19 CFR 

351.216(e), and will publish these 

results in the Federal Register. 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i) of the Act and 19 CFR 351.216 of 

the Department’s regulations. 

Dated: June 1, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–13759 Filed 6–7–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW73 

Fisheries of the Exclusive Economic 

Zone off Alaska; Chinook Salmon 

Bycatch Data Collection; Workshop for 

Industry Review of Data Forms 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public workshop. 

SUMMARY: NMFS announces a workshop 

to solicit comments from the Bering Sea 

pollock trawl industry on data forms for 

evaluating the Bering Sea Chinook 

salmon bycatch management program 

that will be implemented under 

Amendment 91 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area. The workshop is 

open to the public, but NMFS is 

particularly seeking participation by 

members of the Bering Sea pollock trawl 

fishery who are knowledgeable about 

industry plans and operations for 

avoiding Chinook salmon bycatch. 

DATES: The public workshop will be 

held June 21, 2010, 9 a.m. to 5 p.m. 

Pacific Standard Time. 

ADDRESSES: The review will be held at 

the NMFS Alaska Fisheries Science 

Center, 7600 Sand Point Way N.E., 

Building 4, Rm 2076 - Traynor 

Conference Room, Seattle, WA 98115. 

Photo identification is required to enter 

this facility. 

FOR FURTHER INFORMATION CONTACT: Ron 

Felthoven, 206–526–4114. 

SUPPLEMENTARY INFORMATION: National 

Marine Fisheries Service (NMFS) Alaska 

Fisheries Science Center (AFSC) staff 

are hosting a public workshop to solicit 

comments on data forms related to the 

Bering Sea Chinook salmon bycatch 

data collection program. This program 

was recommended by the North Pacific 

Fisheries Management Council at its 

December 2009 meeting and will be 

implemented under Amendment 91. 

AFSC staff will use the results of the 

workshop to refine the data forms and 

to evaluate the effectiveness of the 

program. The workshop is open to the 

public, but NMFS is particularly seeking 

participation by members of the Bering 

Sea pollock trawl fishery who are 

knowledgeable about the operations and 

plans for avoidance of Chinook salmon 

bycatch. NMFS invites owners and 

operators of American Fisheries Act 

(AFA) catcher/vessels, catcher/ 

processors, motherships, inshore 

processors, and Community 

Development Quota (CDQ) groups to 

comment on the clarity of the questions 

in the data forms and contribute advice 

based on their knowledge of pollock 

fishing operations. 

Special Accommodations 

This workshop will be physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Ron Felthoven, 

206–526–4114, at least 10 working days 

prior to the workshop date. 

Dated: June 3, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–13706 Filed 6–3–10; 4:15 am] 

BILLING CODE 3510–22–S 


emcdonald on DSK2BSOYB1PROD with NOTICES