80 FR 26230 - Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 88 (May 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 88 (May 7, 2015)
| Page Range | 26230-26232 | |
| FR Document | 2015-11086 |
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)] [Notices] [Pages 26230-26232] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11086] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-912] Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2012-2013 AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (``Department'') is amending the Final Results \1\ of the administrative review of [[Page 26231]] the antidumping duty order on certain new pneumatic off-the-road tires (``OTR Tires'') from the People's Republic of China (``PRC'') to correct a ministerial error. The period of review (``POR'') is September 1, 2012, through August 31, 2013. --------------------------------------------------------------------------- \1\ See Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012- 2013, 80 FR 20197 (April 15, 2015) (``Final Results'') and accompanying Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, titled ``Issues and Decision Memorandum for Final Results of Antidumping Duty Administrative Review: Certain New Pneumatic Off-the-Road Tires from the People's Republic of China; 2012-2013'' (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- DATES: Effective: May 7, 2015. FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-4987. SUPPLEMENTARY INFORMATION: Background On April 10, 2015, the Department disclosed to interested parties its calculations for the Final Results.\2\ On April 15, 2015, we received a ministerial error allegation from Petitioners \3\ regarding the Department's margin calculation for Guizhou Tyre Co., Ltd./Guizhou Tyre Import and Export Co., Ltd. (collectively, ``GTC'').\4\ --------------------------------------------------------------------------- \2\ See Memorandum, ``2012-2013 Administrative Review of the Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Disclosure of Calculations for Final Results,'' dated April 10, 2015. \3\ Titan Tire Corporation and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC (collectively, ``Petitioners''). \4\ See Letter from the Petitioners to the Department, titled ``Administrative Review of the Antidumping Duty Order on New Pneumatic Off-The-Road Tires from China (A-570-912): Petitioners' Clerical Error Comments, GTC,'' dated April 15, 2015. See also Memorandum to the File, titled ``2012-2013 Administrative Review of the Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Analysis of the Final Results Margin Calculation for Guizhou Tyre Co., Ltd.,'' dated April 8, 2015 (``GTC's Analysis Memorandum''). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order includes new pneumatic tires designed for off-the-road and off-highway use, subject to certain exceptions. 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. The HTSUS subheadings are provided for convenience and customs purposes only; the written product description of the scope of the order is dispositive.\5\ --------------------------------------------------------------------------- \5\ For a complete description of the scope of the order, see Issues and Decision Memorandum. --------------------------------------------------------------------------- Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any similar type of unintentional error which the Secretary considers ministerial.'' We analyzed Petitioners' ministerial error comments and determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that we made a ministerial error in our calculation of GTC's margin for the Final Results by inadvertently neglecting to include two of GTC's inputs in the total material cost buildup for normal value.\6\ --------------------------------------------------------------------------- \6\ See GTC's Analysis Memorandum at Attachment I. --------------------------------------------------------------------------- In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results.\7\ The revised weighted-average dumping margins are detailed below. --------------------------------------------------------------------------- \7\ See Memorandum to Melissa G. Skinner, Director, AD/CVD Operations, Office III, titled ``2012-2013 Administrative Review of the Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Ministerial Error Allegation for the Final Results,'' dated concurrently with this notice. --------------------------------------------------------------------------- Amended Final Results As a result of correcting this ministerial error, we determine that the following weighted-average dumping margins exist for the POR: ------------------------------------------------------------------------ Weighted average Exporter dumping margin (percent) ------------------------------------------------------------------------ Guizhou Tyre Co., Ltd./Guizhou Tyre Import and Export Co., 11.41 Ltd........................................................ Zhongce Rubber Group Company Limited........................ 11.41 Weihai Zhongwei Rubber Co., Ltd............................. 11.41 PRC-Wide Entity \8\......................................... 105.31 ------------------------------------------------------------------------ Assessment Rates The Department shall determine, and the U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries covered by this review pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).\9\ The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these amended final results of review. --------------------------------------------------------------------------- \8\ The PRC-Wide Entity includes Double Coin Holdings Ltd. (``Double Coin''). \9\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) (``NME Antidumping Proceedings''). --------------------------------------------------------------------------- For customers or importers of GTC for which we do not have entered value, we calculated importer- (or customer-) specific antidumping duty assessment amounts based on the ratio of the total amount of dumping duties calculated for the examined sales of subject merchandise to the total sales quantity of those same sales.\10\ For customers or importers of GTC for which we received entered-value information, we have calculated importer- (or customer-) specific antidumping duty assessment rates based on importer- (or customer-) specific ad valorem rates.\11\ For the non-examined separate rate companies, we will instruct CBP to liquidate all appropriate entries at 11.41 percent. For the PRC-wide entity, including Double Coin, we will instruct CBP to liquidate all appropriate entries at 105.31 percent. --------------------------------------------------------------------------- \10\ See 19 CFR 351.212(b)(1). \11\ Id. --------------------------------------------------------------------------- Consistent with the Department's assessment practice in non-market economy cases,\12\ for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if the Department determines that an exporter under review had no shipments of subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate. --------------------------------------------------------------------------- \12\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the amended final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be equal to the weighted-average dumping margin identified in the ``Amended Final Results'' section; (2) for previously [[Page 26232]] investigated or reviewed PRC and non-PRC exporters that are not under review in this segment of the proceeding but that received a separate rate in a previous segment, the cash deposit rate will continue to be the exporter-specific rate (or exporter-producer chain rate) published for the most recently completed segment of this proceeding; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 105.31 percent; \13\ and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. The cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \13\ In the ``Cash Deposit Requirements'' section of the Final Results, the Department inadvertently listed the PRC-wide cash deposit rate as 105.24 percent. The correct PRC-wide cash deposit rate is 105.31 percent. --------------------------------------------------------------------------- Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of the antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order (``APO'') of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Disclosure We will disclose the calculations performed for these amended final results to interested parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). These amended final results of review are issued and published in accordance with section 751(h) of the Tariff Act of 1930 Act and 19 CFR 351.224(f). Dated: May 1, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-11086 Filed 5-6-15; 8:45 am] BILLING CODE 3510-DS-P
![26230 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
Bahrain is not circumventing the order 351.225(h). For a full description of the notice pursuant to 19 CFR 351.310(c). A
of PET Film from the UAE,1 pursuant to methodology underlying our request should contain: (1) The party’s
section 781(b) of the Tariff Act of 1930, conclusions, see the Preliminary name, address, and telephone number;
as amended (the Act). Decision Memorandum.3 The (2) the number of participants; and (3)
DATES: Effective: May 7, 2015. Preliminary Decision Memorandum is a list of issues to be discussed.5 Issues
FOR FURTHER INFORMATION CONTACT: on file electronically via Enforcement raised in the hearing will be limited to
Andrew Huston, AD/CVD Operations, and Compliance’s Antidumping and those raised in case briefs.
Office VII, Enforcement and Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’). Final Determination
Compliance, International Trade
Administration, U.S. Department of ACCESS is available to registered users According to 19 CFR 351.225(f)(5), the
Commerce, 14th Street and Constitution at http://access.trade.gov, and it is Department will normally issue a final
Avenue NW., Washington, DC 20230; available to all parties in the Central scope ruling in a circumvention inquiry
telephone: (202) 482–4261. Records Unit in room 7046 of the main within 300 days of the date of the
SUPPLEMENTARY INFORMATION:
Commerce building. In addition, a initiation inquiry. Because of the
complete version of the Preliminary extensive cost, investment, and research
Scope of the Order Decision Memorandum can be accessed and development information required
The products covered by the order are directly at http://enforcement.trade.gov/ for this analysis from JBF, the
all gauges of raw, pre-treated, or primed frn/. The signed Preliminary Decision Department is extending the deadline
polyethylene terephthalate film, Memorandum and electronic versions of for the final ruling in this inquiry. The
whether extruded or co-extruded. the Preliminary Decision Memorandum final determination with respect to this
Excluded are metallized films and other are identical in content. anti-circumvention inquiry, including
finished films that have had at least one results of the Department’s analysis of
Preliminary Findings
of their surfaces modified by the any written comments, will be issued no
application of a performance-enhancing As detailed in the Preliminary later than July 31, 2015.
resinous or inorganic layer more than Decision Memorandum, the Department This preliminary negative
0.00001 inches thick. Also excluded is has preliminarily determined that the circumvention determination is
roller transport cleaning film which has process of completion or assembly of published in accordance with section
at least one of its surfaces modified by PET Film produced by JBF Bahrain is 781(b) of the Act and 19 CFR 351.225.
application of 0.5 micrometers of SBR not minor or insignificant, pursuant to Dated: May 1, 2015.
latex. Tracing and drafting film is also section 781(b)(2) of the Act, nor is the
Paul Piquado,
excluded. Polyethylene terephthalate value of the merchandise produced in
Assistant Secretary for Enforcement and
film is classifiable under subheading the UAE a significant portion of the
Compliance.
3920.62.00.90 of the Harmonized Tariff value of PET film exported from Bahrain
Schedule of the United States (HTSUS). to the United States, pursuant to section Appendix—List of Topics Discussed in
While HTSUS subheadings are provided 781(b)(1)(D) of the Act. Therefore, the the Preliminary Decision Memorandum
for convenience and customs purposes, Department preliminarily determines 1. Summary
our written description of the scope of that PET Film produced by JBF Bahrain 2. Background
the order is dispositive.2 in Bahrain using inputs from the UAE, 3. Scope of the Order
and exported from Bahrain to the 4. Scope of the Anticircumvention Inquiry
Scope of the Anti-Circumvention United States, is not circumventing the 5. Statutory Framework
Inquiry Order. 6. Statutory Analysis
This anti-circumvention inquiry 7. Summary of Statutory Analysis
Public Comment
covers PET Film produced in Bahrain [FR Doc. 2015–11085 Filed 5–6–15; 8:45 am]
by JBF Bahrain from inputs (PET chips The Department intends to disclose BILLING CODE 3510–DS–P
and silica chips) manufactured in the the analysis used in these preliminary
UAE, and that is subsequently exported findings within five days of publication
from Bahrain to the United States. of this notice. Interested parties are DEPARTMENT OF COMMERCE
invited to comment on the preliminary
Methodology results of this review. Pursuant to 19 International Trade Administration
The Department has conducted this CFR 351.309(b)(2), interested parties [A–570–912]
preliminary determination of may submit case briefs not later than 30
circumvention in accordance with days after the date of publication of this Certain New Pneumatic Off-the-Road
section 781(b) of the Act and 19 CFR notice. Rebuttal briefs, limited to issues Tires From the People’s Republic of
raised in the case briefs, may not be China: Amended Final Results of
1 See Polyethylene Terephthalate Film, Sheet, and filed later than five days after the time Antidumping Duty Administrative
Strip From Brazil, the People’s Republic of China limit for filing case briefs.4 Case and Review; 2012–2013
and the United Arab Emirates: Antidumping Duty rebuttal briefs, when submitted, must
Orders and Amended Final Determination of Sales AGENCY: Enforcement and Compliance,
at Less Than Fair Value for the United Arab comport with the requirements
Emirates, 73 FR 66595 (November 10, 2008) contained in 19 CPR 351.309(c)(2) and International Trade Administration,
(Order). (d)(2). Commerce.
2 See Memorandum to Paul Piquado, Assistant
Any interested party who wishes to SUMMARY: The Department of Commerce
Secretary for Enforcement and Compliance, from
mstockstill on DSK4VPTVN1PROD with NOTICES
request a hearing, or to participate if one (‘‘Department’’) is amending the Final
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, is requested, must submit a written Results 1 of the administrative review of
‘‘Preliminary Decision Memorandum for Anti- request to the Assistant Secretary for
5 See 19 CFR 351.310(c).
circumvention Inquiry of the Antidumping Duty Enforcement and Compliance within 30
Order on Polyethylene Terephthalate Film, Sheet, 1 See Certain New Pneumatic Off-the-Road Tires
and Strip from the United Arab Emirates’’
days after the day of publication of this From the People’s Republic of China: Final Results
(Preliminary Decision Memorandum), dated of Antidumping Duty Administrative Review; 2012–
3 Id.
concurrently with these results and herby adopted 2013, 80 FR 20197 (April 15, 2015) (‘‘Final
by this notice. 4 See 19 CFR 351.309(d)(1). Results’’) and accompanying Memorandum from
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![26232 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
investigated or reviewed PRC and non- These amended final results of review movement of goods, and improve the
PRC exporters that are not under review are issued and published in accordance competitiveness of U.S. supply chains
in this segment of the proceeding but with section 751(h) of the Tariff Act of for goods and services in the domestic
that received a separate rate in a 1930 Act and 19 CFR 351.224(f). and global economy; and provides
previous segment, the cash deposit rate Dated: May 1, 2015. advice to the Secretary on regulatory
will continue to be the exporter-specific Paul Piquado, policies and programs and investment
rate (or exporter-producer chain rate) priorities that affect the competitiveness
Assistant Secretary for Enforcement and
published for the most recently Compliance. of U.S. supply chains. For more
completed segment of this proceeding; information about the Committee visit:
[FR Doc. 2015–11086 Filed 5–6–15; 8:45 am]
(3) for all PRC exporters of subject http://trade.gov/td/services/oscpb/
BILLING CODE 3510–DS–P
merchandise which have not been supplychain/acscc/.
found to be entitled to a separate rate,
Matters To Be Considered
the cash deposit rate will be the PRC- DEPARTMENT OF COMMERCE
wide rate of 105.31 percent; 13 and (4) Committee members are expected to
for all non-PRC exporters of subject International Trade Administration deliberate and vote on the Trade and
merchandise which have not received Competitiveness subcommittee’s
their own rate, the cash deposit rate will Advisory Committee on Supply Chain recommendation to Secretary Pritzker,
be the rate applicable to the PRC Competitiveness: Notice of Public which generally urges the
exporter(s) that supplied that non-PRC Meetings Administration to expand market access
exporter. The cash deposit for U.S. firms to international markets,
requirements, when imposed, shall AGENCY: International Trade implement the WTO Trade Facilitation
remain in effect until further notice. Administration, U.S. Department of Agreement (TFA), support customs
Commerce. trade transformation initiatives, and
Notification to Importers ACTION: Notice of open meetings. ensure our trading partners’ compliance
This notice serves as a final reminder with our trade agreements. This
SUMMARY: This notice sets forth the
to importers of their responsibility recommendation, available at: http://
schedule and proposed topics of
under 19 CFR 351.402(f)(2) to file a trade.gov/td/services/oscpb/supply
certificate regarding the reimbursement discussion for public meetings of the
Advisory Committee on Supply Chain chain/acscc/documents/May%2021%20
of antidumping and/or countervailing 2015%20Conf%20Call/ACSCC%20
duties prior to liquidation of the Competitiveness (Committee).
trade%20ltr%20to%20SPP%20TC%20
relevant entries during this review DATES: This conference call meeting will
Subcomm.pdf, has been reviewed and
period. Failure to comply with this be held on May 21, 2015, from 10:00
discussed over the last several open
requirement could result in the a.m. to 11:00 a.m., Eastern Standard
meetings of the ACSCC, most recently at
Secretary’s presumption that Time (EST).
Call In Information: The conference the April 16 meeting. The Office of
reimbursement of the antidumping and/ Supply Chain, Professional & Business
or countervailing duties occurred and call will have webinar capabilities.
Participants can join the event directly Services will post the final agenda and
the subsequent assessment of double the recommendation on its Web site at
antidumping duties. at: https://www.mymeetings.com/nc/
join.php?i=PW3670392&p=4490607&t= least one week prior to the meeting. The
Notification to Interested Parties c. For those whose computers are conference call will be open to the
compatible to the webinar system, this public and press on a first-come, first-
This notice also serves as a reminder
will give you both the ability to look at served basis. Access lines are limited.
to parties subject to administrative
the document and hear the The minutes of the meetings will be
protective order (‘‘APO’’) of their
conversations of the meeting posted on the Committee Web site
responsibility concerning the return or
participants. For those that do not hear within 60 days of the meeting.
destruction of proprietary information
disclosed under the APO in accordance the audio from this site, you will have Dated: May 1, 2015.
with 19 CFR 351.305(a)(3), which to call 1–877–951–7311 and input the David Long,
continues to govern business passcode: 4490607 for audio. Director, Office of Supply Chain, Professional
proprietary information in this segment FOR FURTHER INFORMATION CONTACT: & Business Services.
of the proceeding. Timely written Richard Boll, Office of Supply Chain, [FR Doc. 2015–11073 Filed 5–6–15; 8:45 am]
notification of the return/destruction of Professional & Business Services, BILLING CODE 3510–DR–P
APO materials or conversion to judicial International Trade Administration.
protective order is hereby requested. (Phone: (202) 482–1135 or Email:
Failure to comply with the regulations richard.boll@trade.gov) DEPARTMENT OF COMMERCE
and terms of an APO is a violation SUPPLEMENTARY INFORMATION:
which is subject to sanction. National Oceanic and Atmospheric
Background Administration
Disclosure
The Committee was established under RIN 0648–XD925
We will disclose the calculations the discretionary authority of the
performed for these amended final Secretary of Commerce and in Mid-Atlantic Fishery Management
results to interested parties within five accordance with the Federal Advisory Council (MAFMC); Fisheries of the
days of the date of publication of this Northeastern United States; Public
mstockstill on DSK4VPTVN1PROD with NOTICES
Committee Act (5 U.S.C. App. 2). It
notice in accordance with 19 CFR provides advice to the Secretary of Meeting.
351.224(b). Commerce on the necessary elements of AGENCY: National Marine Fisheries
a comprehensive policy approach to Service (NMFS), National Oceanic and
13 In the ‘‘Cash Deposit Requirements’’ section of supply chain competitiveness designed Atmospheric Administration (NOAA),
the Final Results, the Department inadvertently
listed the PRC-wide cash deposit rate as 105.24
to support U.S. export growth and Commerce.
percent. The correct PRC-wide cash deposit rate is national economic competitiveness,
ACTION: Notice; public meeting.
105.31 percent. encourage innovation, facilitate the
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Document Created: 2015-12-16 07:50:18
Document Modified: 2015-12-16 07:50:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective: May 7, 2015. | |
| Contact | Andrew Medley, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-4987. | |
| FR Citation | 80 FR 26230 |
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