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

OTR TIRES FROM THE PRC—Continued 

Exporter Producer 

Weightedaverage 

margin 

(percent) 

Qingdao Free Trade Zone Full-World International Trading Co., 

Ltd..

Qingdao Yellowsea Tyre Factory ................................................ 12.91 

Qingdao Free Trade Zone Full-World International Trading Co., 

Ltd..

Shandong Zhentai Tyre Co., Ltd. ................................................ 12.91 

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. ................................................. Weifang 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 

find that the weighted-average dumping 

margin for subject merchandise 

produced and exported by Xugong is 

zero, we are instructing CBP to 

terminate suspension of liquidation of 

all imports of subject merchandise 

produced and exported by Xugong, 

entered, or withdrawn from warehouse, 

for consumption on or after February 20, 

2008, the date of publication of the 

preliminary determination. CBP shall 

refund any cash deposit and release any 

bond or other security previously posted 

in connection with merchandise 

produced and exported by Xugong. 

This notice constitutes the 

antidumping duty order with respect to 

certain new pneumatic OTR tires from 

the PRC, pursuant to section 736 (a) of 

the Act. Interested parties may contact 

the Department’s Central Records Unit, 

Room 1117 of the Main Commerce 

Building, for copies of an updated list 

of antidumping duty orders currently in 

effect. 

This order is issued and published in 

accordance with section 736 (a) of the 

Act and 19 CFR 351.211 (b). 

Dated: August 29, 2008. 

David M. Spooner 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–20569 Filed 9–3–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–913] 

Certain New Pneumatic Off-the-Road 

Tires From the People’s Republic of 

China: Countervailing Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on an affirmative final 

determination by the U.S. International 

Trade Commission (ITC), the 

Department of Commerce (the 

Department) is issuing a countervailing 

duty order on certain new pneumatic 

off-the-road tires from the People’s 

Republic of China (PRC). On August 28, 

2008, the ITC notified the Department of 

its affirmative determination of material 

injury to a U.S. industry. See Certain 

Off-the-Road Tires From China, USITC 

Pub. 4031, Inv. Nos. 701–TA–448 and 

731–TA–1117 (Final) (August 2008). 

DATES: Effective Date: September 4, 

2008. 

Contact Information: Mark Hoadley, 

AD/CVD Operations, Office 6, Import 

Administration, International Trade 

Administration, Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–3148. 

SUPPLEMENTARY INFORMATION: 

Case History 

In accordance with section 705(d) of 

the Tariff Act of 1930, as amended (the 

Act), on July 15, 2008, the Department 

published its final determination in the 

countervailing duty investigation of 

certain new pneumatic off-the-road tires 

from the PRC. See Certain New 

Pneumatic Off-the-Road Tires From the 

People’s Republic of China: Final 

Affirmative Countervailing Duty 

Determination and Final Negative 

Determination of Critical 

Circumstances, 73 FR 40480 (July 15, 

2008). 

On July 18, 2008, Starbright timely 

filed a ministerial error allegation. No 

other party to the proceeding filed a 

ministerial error allegation. After 

analyzing all interested party comments 

and rebuttals regarding the alleged 

ministerial error, the Department 

determined that it did not make a 

ministerial error. See Memorandum to 

Barbara Tillman, ‘‘Countervailing Duty 

Investigation of Certain New Pneumatic 

Off-The-Road Tires from the People’s 

Republic of China: Allegations of a 

Ministerial Error in the Final 

Determination’’ (July 30, 2008). 

Scope of the Order 

The products covered by the order are 

new pneumatic tires designed for offVerDate Aug<31>2005 18:46 Sep 03, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1

sroberts on PROD1PC77 with NOTICES
51628 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 

1Agricultural 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. 

2Combine harvesters are used to harvest crops 

such as corn or wheat. 

3Agricultural sprayers are used to irrigate 

agricultural fields. 

4 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. 

5A 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. 

6Skid-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. 

7Haul 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. 

8Front 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. 

9A 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. 

10A 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. 

11A 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 onto which 

asphalt or other paving material will be laid. 

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

13A 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. 

14While 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). 

the-road (OTR) 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,1 combine harvesters,2

agricultural high clearance sprayers,3

industrial tractors,4 log-skidders,5

agricultural implements, highwaytowed implements, agricultural logging, 

and agricultural, industrial, skid-steers/ 

mini-loaders; 6 (2) construction vehicles 

and equipment, including earthmover 

articulated dump products, rigid frame 

haul trucks,7 front end loaders,8 dozers,9

lift trucks, straddle carriers,10 graders,11

mobile cranes,12 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/miniloaders, and smooth floor off-the-road 

counterbalanced lift trucks.13 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 

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 offroad 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-type 14 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). 

Countervailing Duty Order 

On August 28, 2008, the ITC notified 

the Department of its final 

determination, pursuant to section 

705(b)(1)(A)(i) of the Act, that an 

industry in the United States is 

materially injured as a result of 

subsidized imports from the PRC. The 

ITC also determined that critical 


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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 51629 

1Sixty days from July 3, 2008, is September 1, 

2008. However, Department practice dictates that 

where a deadline falls on a federal holiday, the 

appropriate deadline is the next business day. See 

Notice of Clarification: Application of ‘‘Next 

Business Day’’ Rule for Administrative 

Determination Deadlines Pursuant to the Act, 70 FR 

24533 (May 10, 2005). 

circumstances do not exist with respect 

to subject imports from the PRC. 

As a result of the ITC’s final 

determination, in accordance with 

section 706(a) of the Act, the 

Department will direct U.S. Customs 

and Border Protection (CBP) to assess, 

upon further instruction by the 

Department, countervailing duties on all 

unliquidated entries of OTR tires from 

the PRC entered, or withdrawn from 

warehouse, for consumption on or after 

December 17, 2007, the date on which 

the Department published its 

preliminary affirmative countervailing 

duty determination in the Federal 

Register, and before April 15, 2008, the 

date on which the Department 

instructed CBP to discontinue the 

suspension of liquidation in accordance 

with section 703(d) of the Act. Section 

703(d) states that the suspension of 

liquidation pursuant to a preliminary 

determination may not remain in effect 

for more than four months. Entries of 

OTR tires made on or after April 15, 

2008, and prior to the date of 

publication of the ITC’s final 

determination in the Federal Register 

are not liable for the assessment of 

countervailing duties, due to the 

Department’s discontinuation, effective 

April 15, 2008, of the suspension of 

liquidation. 

In accordance with section 706 of the 

Act, the Department will direct CBP to 

reinstitute the suspension of liquidation 

for OTR tires from the PRC, effective the 

date of publication of the ITC’s notice of 

final determination in the Federal 

Register, and to assess, upon further 

advice by the Department pursuant to 

section 706(a)(1) of the Act, 

countervailing duties for each entry of 

the subject merchandise in an amount 

based on the net countervailable 

subsidy rates for the subject 

merchandise. On or after the date of 

publication of the ITC’s final injury 

determination in the Federal Register, 

CBP must require, at the same time as 

importers would normally deposit 

estimated duties on this merchandise, a 

cash deposit equal to the rates noted 

below: 

Producer/exporter 

Subsidy 

rate 

(percent) 

Guizhou Tire Co., Ltd. (GTC) ..... 2.45 

Hebei Starbright Tire Co., Ltd. 

(Starbright) .............................. 14.00 

Tianjin United Tire & Rubber 

International Co., Ltd. 

(TUTRIC) ................................. 6.85 

All Others .................................... 5.62 

This notice constitutes the 

countervailing duty order with respect 

to certain new pneumatic OTR tires 

from the PRC pursuant to section 706(a) 

of the Act. Interested parties may 

contact the Central Records Unit, Room 

1117 of the main Commerce building, 

for copies of an updated list of 

countervailing duty orders currently in 

effect. 

This countervailing duty order is 

issued and published in accordance 

with sections 705(c)(2) and 706 of the 

Act and 19 CFR 351.211. 

Dated: August 29, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–20568 Filed 9–3–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–803] 

Heavy Forged Hand Tools, Finished or 

Unfinished, With or Without Handles, 

From the People’s Republic of China: 

Rescission of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 5, 2008, the 

Department of Commerce (‘‘the 

Department’’) published a notice 

preliminarily rescinding the 

administrative review on the 

antidumping duty order on heavy forged 

hand tools from the People’s Republic of 

China, covering the period February 1, 

2006, through January 31, 2007. See 

Heavy Forged Hand Tools, Finished or 

Unfinished, With or Without Handles, 

From the People’s Republic of China: 

Preliminary Rescission of Antidumping 

Duty Administrative Review, 73 FR 

11867 (March 5, 2008) (‘‘Preliminary 

Rescission’’). We gave interested parties 

an opportunity to comment on the 

Preliminary Rescission. Based upon our 

analysis of the comments and 

information received, we have made no 

changes to the preliminary rescission. 

We find that there is no evidence that 

Truper Herraminetas S.A. de C.V. 

(‘‘Truper’’) made sales of the subject 

merchandise to the United States during 

the period of review (‘‘POR’’). 

DATES: Effective Date: September 4, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Javier Barrientos AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–2243. 

SUPPLEMENTARY INFORMATION: 

Case History 

On March 5, 2008, the Department 

published its Preliminary Rescission. 

On April 4, 2008, Council Tool 

Company (a domestic interested party) 

filed a timely case brief. On August 9, 

2008, Truper filed a timely rebuttal 

brief. On July 10, 2008, the Department 

published a notice extending the final 

results by 60 days to September 2, 

2008.1 See Heavy Forged Hand Tools, 

Finished or Unfinished, With or Without 

Handles, From the People’s Republic of 

China: Notice of Extension of Time 

Limit for the Final Results of 

Antidumping Duty Administrative 

Review, 73 FR 39655 (July 10, 2008). 

Scope of the Review 

The products covered by these orders 

are HFHTs from the PRC, comprising 

the following classes or kinds of 

merchandise: (1) Hammers and sledges 

with heads over 1.5 kg (3.33 pounds); 

(2) bars over 18 inches in length, track 

tools and wedges; (3) picks and 

mattocks; and (4) axes, adzes and 

similar hewing tools. HFHTs include 

heads for drilling hammers, sledges, 

axes, mauls, picks and mattocks, which 

may or may not be painted, which may 

or may not be finished, or which may 

or may not be imported with handles; 

assorted bar products and track tools 

including wrecking bars, digging bars 

and tampers; and steel wood splitting 

wedges. HFHTs are manufactured 

through a hot forge operation in which 

steel is sheared to required length, 

heated to forging temperature, and 

formed to final shape on forging 

equipment using dies specific to the 

desired product shape and size. 

Depending on the product, finishing 

operations may include shot blasting, 

grinding, polishing and painting, and 

the insertion of handles for handled 

products. HFHTs are currently provided 

for under the following Harmonized 

Tariff System of the United States 

(‘‘HTSUS’’) subheadings: 8205.20.60, 

8205.59.30, 8201.30.00, 8201.40.60, and 

8205.59.5510. Specifically excluded 

from these investigations are hammers 

and sledges with heads 1.5 kg. (3.33 

pounds) in weight and under, hoes and 

rakes, and bars 18 inches in length and 


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