80 FR 9695 - Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Partial Rescission of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 36 (February 24, 2015)
International Trade Administration
Federal Register Volume 80, Issue 36 (February 24, 2015)
| Page Range | 9695-9696 | |
| FR Document | 2015-03765 |
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)] [Notices] [Pages 9695-9696] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03765] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-912] Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Partial Rescission of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 30, 2014, the Department of Commerce (``Department'') initiated an administrative review of the antidumping duty order on new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC'') for 12 companies.\1\ Based on timely withdrawal of requests for review, we are now rescinding this administrative review with respect to Double Coin Holdings Ltd., Guizhou Tyre Co., Ltd., and Guizhou Tyre Import and Export Co., Ltd. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 64565 (October 30, 2014) at 64567. --------------------------------------------------------------------------- DATES: Effective Date: February 24, 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. Background In September 2014, the Department received multiple timely requests to conduct an administrative review of the antidumping duty order on OTR tires from the PRC. Based upon these requests, on October 30, 2014, the Department published a notice of initiation of an administrative review covering the period of September 1, 2013, to August 31, 2014, with respect [[Page 9696]] to 12 companies.\2\ On November 20, 2014, Double Coin Holdings Ltd. (``Double Coin'') and China Manufacturers Alliance withdrew their request for review of Double Coin.\3\ On December 17, 2014, Guizhou Tyre Co., Ltd. and Guizhou Tyre Import and Export Co., Ltd. (collectively, ``GTC'') withdrew their request for review.\4\ --------------------------------------------------------------------------- \2\ Id. \3\ See Letter from Double Coin titled ``Double Coin's Withdrawal of Request for Antidumping Administrative Review: Certain New Pneumatic Off-the-Road Tires from China,'' dated November 20, 2014. \4\ See Letter from GTC titled ``GTC Withdrawal of Request for Administrative Review: Sixth Administrative Review of Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires From The People's Republic Of China (Case No: A-570-912) (POR: September 1, 2013-August 31, 2014),'' dated December 17, 2014. --------------------------------------------------------------------------- Partial Rescission Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90-days of the date of publication of notice of initiation of the requested review. Double Coin and GTC timely withdrew their requests for an administrative review on themselves; no other party requested a review of these companies.\5\ Accordingly, we are rescinding this review, in part, with respect to these companies, pursuant to 19 CFR 351.213(d)(1). --------------------------------------------------------------------------- \5\ The Department will no longer consider the NME entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013) at 65970. --------------------------------------------------------------------------- Assessment The Department will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Importers This notice serves as the only reminder to importers for whom this review is being rescinded, as of the publication date of this notice, 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 and/or increased antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (``APO'') of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or 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. Notification to Interested Parties This notice is issued and published in accordance with sections 751 and 777(i)(l) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 18, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-03765 Filed 2-23-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices 9695
revised database for NSK’s costs for entries of subject merchandise Notification to Interested Parties
submitted later in the review. Timken during the POR produced by NSK for We are issuing and publishing these
argues that the Department should reject which it did not know that the amended final results in accordance
NSK’s allegation on the grounds that merchandise was destined for the with section 751(h) of the Act and 19
NSK could have raised the allegation in United States, we will instruct CBP to CFR 351.224(f).
its case brief and it is, therefore, now liquidate un-examined entries at the all-
untimely. Nevertheless, we find that we others rate if there is no rate for the Dated: February 18, 2015.
made an inadvertent error in not using intermediate company(ies) involved in Paul Piquado,
the revised database for NSK’s costs the transaction.4 Assistant Secretary for Enforcement and
and, therefore, are correcting and For the companies which were not Compliance.
amending the final results of review in selected for individual examination, we [FR Doc. 2015–03770 Filed 2–23–15; 8:45 am]
accordance with section 751(h) of the will instruct CBP to assess antidumping BILLING CODE 3510–DS–P
Act and 19 CFR 351.224(e). As a result, duties at a rate equal to the weighted-
the weighted-average dumping margin average dumping margin listed above
for NSK changes from 1.55 percent to for all entries of subject merchandise DEPARTMENT OF COMMERCE
1.43 percent. Furthermore, the rate for produced and/or exported by such
the respondents not selected for International Trade Administration
firms.
individual examination (except for We intend to issue liquidation
Bayerische Motoren Werke AG) will be [A–570–912]
instructions to CBP 15 days after
the new rate calculated for NSK, the publication of the amended final results Certain New Pneumatic Off-the-Road
sole respondent selected for individual of this administrative review. Tires From the People’s Republic of
examination. The weighted-average China: Partial Rescission of
dumping margin for Bayerische Motoren Cash Deposit Requirements
Antidumping Duty Administrative
Werke AG will remain unchanged from Because we revoked the antidumping Review; 2013–2014
the Final Results because it was based duty order on ball bearings and parts
on adverse facts available. thereof from the United Kingdom AGENCY: Enforcement and Compliance,
effective September 15, 2011, no cash International Trade Administration,
Amended Final Results of the Review
deposits for estimated antidumping Department of Commerce.
The Department determines that the SUMMARY: On October 30, 2014, the
duties on future entries of subject
following amended weighted-average Department of Commerce
merchandise will be required.5
dumping margins exist for the period (‘‘Department’’) initiated an
May 1, 2010, through April 30, 2011: Notification to Importers administrative review of the
This notice serves as a final reminder antidumping duty order on new
Weighted- pneumatic off-the-road tires (‘‘OTR
average to importers of their responsibility
Company dumping under 19 CFR 351.402(f)(2) to file a tires’’) from the People’s Republic of
margin certificate regarding the reimbursement China (‘‘PRC’’) for 12 companies.1 Based
(percent)
of antidumping duties prior to on timely withdrawal of requests for
review, we are now rescinding this
Bayerische Motoren Werke AG .. 254.25 liquidation of the relevant entries administrative review with respect to
Bosch Rexroth Limited ............... 1.43 during this review period. Failure to
Double Coin Holdings Ltd., Guizhou
Caterpillar S.A.R.L ...................... 1.43 comply with this requirement could
Caterpillar Group Services S.A .. 1.43 result in the Department’s presumption Tyre Co., Ltd., and Guizhou Tyre Import
Caterpillar of Australia Pty Ltd ... 1.43 that reimbursement of antidumping and Export Co., Ltd.
Caterpillar Overseas S.A.R.L ..... 1.43 duties occurred and the subsequent DATES: Effective Date: February 24,
Caterpillar Marine Power UK ...... 1.43 assessment of doubled antidumping 2015.
NSK ............................................ 1.43 duties.
Perkins Engines Company Ltd ... 1.43 FOR FURTHER INFORMATION CONTACT:
Administrative Protective Orders Andrew Medley, AD/CVD Operations,
Disclosure Office III, Enforcement and Compliance,
This notice also serves as a reminder International Trade Administration,
We will disclose the calculation to parties subject to administrative U.S. Department of Commerce, 14th
memorandum used in our analysis to protective order (APO) of their Street and Constitution Avenue NW.,
parties to this proceeding within five responsibility concerning the Washington, DC 20230; telephone (202)
days of the date of the publication of disposition of proprietary information 482–4987.
this notice pursuant to 19 CFR disclosed under APO in accordance
351.224(b). with 19 CFR 351.305(a)(3). Timely Background
Assessment Rates written notification of the return or the In September 2014, the Department
destruction of APO materials or received multiple timely requests to
The Department shall determine, and conversion to judicial protective order is conduct an administrative review of the
U.S. Customs and Border Protection hereby requested. Failure to comply antidumping duty order on OTR tires
(CBP) shall assess, antidumping duties with the regulations and the terms of an from the PRC. Based upon these
on all appropriate entries. In accordance APO is a sanctionable violation. requests, on October 30, 2014, the
with 19 CFR 351.212(b)(1), for NSK we Department published a notice of
tkelley on DSK3SPTVN1PROD with NOTICES
calculated an importer-specific 4 For a full discussion of this clarification, see initiation of an administrative review
assessment rate by dividing the total Antidumping and Countervailing Duty Proceedings: covering the period of September 1,
amount of dumping for the reviewed Assessment of Antidumping Duties, 68 FR 23954
2013, to August 31, 2014, with respect
sales by the total entered value of those (May 6, 2003).
5 See Ball Bearings and Parts Thereof From Japan
reviewed sales for each importer. and the United Kingdom: Final Results of Sunset 1 See Initiation of Antidumping and
Consistent with the Department’s Reviews and Revocation of Antidumping Duty Countervailing Duty Administrative Reviews, 79 FR
refinement to its assessment practice, Orders, 79 FR 16771 (March 26, 2014). 64565 (October 30, 2014) at 64567.
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![9696 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices
to 12 companies.2 On November 20, regarding the reimbursement of SUPPLEMENTARY INFORMATION: Title III of
2014, Double Coin Holdings Ltd. antidumping and/or countervailing the Export Trading Company Act of
(‘‘Double Coin’’) and China duties prior to liquidation of the 1982 (15 U.S.C. 4001–21) authorizes the
Manufacturers Alliance withdrew their relevant entries during this review Secretary of Commerce to issue Export
request for review of Double Coin.3 On period. Failure to comply with this Trade Certificates of Review. An Export
December 17, 2014, Guizhou Tyre Co., requirement could result in the Trade Certificate of Review protects the
Ltd. and Guizhou Tyre Import and Secretary’s presumption that holder and the members identified in
Export Co., Ltd. (collectively, ‘‘GTC’’) reimbursement of the antidumping and/ the Certificate from State and Federal
withdrew their request for review.4 or countervailing duties occurred and government antitrust actions and from
the subsequent assessment of double private treble damage antitrust actions
Partial Rescission
and/or increased antidumping duties. for the export conduct specified in the
Pursuant to 19 CFR 351.213(d)(1), the Certificate and carried out in
Secretary will rescind an administrative Notification Regarding Administrative compliance with its terms and
review, in whole or in part, if a party Protective Orders conditions. Section 302(b)(1) of the
who requested the review withdraws This notice also serves as a reminder Export Trading Company Act of 1982
the request within 90-days of the date of to parties subject to administrative and 15 CFR 325.6(a) require the
publication of notice of initiation of the protective orders (‘‘APO’’) of their Secretary to publish a notice in the
requested review. Double Coin and GTC responsibility concerning the return or Federal Register identifying the
timely withdrew their requests for an destruction of proprietary information applicant and summarizing its proposed
administrative review on themselves; no disclosed under APO in accordance export conduct.
other party requested a review of these with 19 CFR 351.305, which continues
companies.5 Accordingly, we are Description of Certified Conduct
to govern business proprietary
rescinding this review, in part, with information in this segment of the JDE USA LLC (‘‘JDE’’) is certified to
respect to these companies, pursuant to proceeding. Timely written notification engage in the Export Trade Activities
19 CFR 351.213(d)(1). of the return or destruction of APO and Methods of Operation described
Assessment materials or conversion to judicial below in the following Export Trade and
protective order is hereby requested. Export Markets.
The Department will instruct U.S.
Failure to comply with the regulations Export Trade
Customs and Border Protection (‘‘CBP’’)
and terms of an APO is a violation
to assess antidumping duties on all Products: All Products.
which is subject to sanction.
appropriate entries. For the companies Services: All services related to the
for which this review is rescinded, Notification to Interested Parties export of Products.
antidumping duties shall be assessed at Technology Rights: All intellectual
This notice is issued and published in
rates equal to the cash deposit of property rights associated with Products
accordance with sections 751 and
estimated antidumping duties required or Services, including, but not limited
777(i)(l) of the Tariff Act of 1930, as
at the time of entry, or withdrawal from to: Patents, trademarks, services marks,
amended, and 19 CFR 351.213(d)(4).
warehouse, for consumption, in trade names, copyrights, neighboring
accordance with 19 CFR Dated: February 18, 2015. (related) rights, trade secrets, know-
351.212(c)(1)(i). The Department Christian Marsh, how, and confidential databases and
intends to issue appropriate assessment Deputy Assistant Secretary for Antidumping computer programs.
instructions directly to CBP 15 days and Countervailing Duty Operations. Export Trade Facilitation Services (as
after publication of this notice. [FR Doc. 2015–03765 Filed 2–23–15; 8:45 am] They Relate to the Export of Products):
BILLING CODE 3510–DS–P Export Trade Facilitation Services,
Notification to Importers including but not limited to: Consulting
This notice serves as the only and trade strategy, arranging and
reminder to importers for whom this DEPARTMENT OF COMMERCE coordinating delivery of Products to the
review is being rescinded, as of the port of export; arranging for inland and/
publication date of this notice, of their International Trade Administration or ocean transportation; allocating
responsibility under 19 CFR Products to vessel; arranging for storage
[Application No. 14–00002]
351.402(f)(2) to file a certificate space at port; arranging for
Export Trade Certificate of Review warehousing, stevedoring, wharfage,
2 Id.
handling, inspection, fumigation, and
3 See Letter from Double Coin titled ‘‘Double ACTION: Notice of Issuance for an Export freight forwarding; insurance and
Coin’s Withdrawal of Request for Antidumping
Administrative Review: Certain New Pneumatic Trade Certificate of Review for JDE USA financing; documentation and services
Off-the-Road Tires from China,’’ dated November LLC (‘‘JDE’’), Application no. 14–00002. related to compliance with customs’
20, 2014. requirements; sales and marketing;
4 See Letter from GTC titled ‘‘GTC Withdrawal of SUMMARY: The Office of Trade and export brokerage; foreign marketing and
Request for Administrative Review: Sixth Economic Analysis (‘‘OTEA’’) of the analysis; foreign market development;
Administrative Review of Antidumping Duty Order International Trade Administration,
on Certain New Pneumatic Off-the-Road Tires From overseas advertising and promotion;
The People’s Republic Of China (Case No: A–570– Department of Commerce, issued an Products-related research and design
912) (POR: September 1, 2013–August 31, 2014),’’ Export Trade Certificate of Review based upon foreign buyer and consumer
dated December 17, 2014. (‘‘Certificate’’) to JDE USA LLC on preferences; inspection and quality
5 The Department will no longer consider the
January 28, 2015.
tkelley on DSK3SPTVN1PROD with NOTICES
NME entity as an exporter conditionally subject to
control; shipping and export
administrative reviews. See Antidumping FOR FURTHER INFORMATION CONTACT: management; export licensing;
Proceedings: Announcement of Change in Joseph Flynn, Director, Office of Trade provisions of overseas sales and
Department Practice for Respondent Selection in and Economic Analysis, International distribution facilities and overseas sales
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Trade Administration, (202) 482–5131 staff; legal, accounting and tax
Antidumping Duty Proceedings, 78 FR 65963 (this is not a toll-free number) or email assistance; development and application
(November 4, 2013) at 65970. at etca@trade.gov. of management information systems;
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Document Created: 2015-12-18 13:22:38
Document Modified: 2015-12-18 13:22:38
| 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 | |
| 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 9695 |
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