81 FR 23272 - Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 76 (April 20, 2016)
International Trade Administration
Federal Register Volume 81, Issue 76 (April 20, 2016)
| Page Range | 23272-23274 | |
| FR Document | 2016-09165 |
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)] [Notices] [Pages 23272-23274] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09165] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-912] Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 9, 2015, the Department of Commerce (``Department'') published the preliminary results of the administrative review of the antidumping duty order on certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC'').\1\ The period of review (``POR'') is September 1, 2013, through August 31, 2014. Based on our analysis of the comments received, we made certain changes in the margin calculations. The final dumping margins for this review are listed in the ``Final Results'' section below. --------------------------------------------------------------------------- \1\ See Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 61166 (October 9, 2015) (``Preliminary Results''). --------------------------------------------------------------------------- DATES: Effective Date: April 20, 2016. FOR FURTHER INFORMATION CONTACT: Andrew Medley or Amanda Mallott, 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 and (202) 482-6430, respectively. SUPPLEMENTARY INFORMATION: Background We conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (``the Act''). These final results of administrative review cover nine exporters of subject merchandise.\2\ The Department finds that of these nine exporters, two mandatory respondents, Qingdao Qihang Tyre Co., Ltd. (``Qihang'') and Xuzhou Xugong Tyres Co., Ltd. (``Xugong''),\3\ made sales of subject merchandise at less than normal value (``NV''), and, an additional four companies, Qingdao Free Trade Zone Full-World International Trading Co., Ltd. (``Full-World''), Trelleborg Wheel Systems (Xingtai) China, Co. Ltd. (``TWS Xingtai'') and Weihai Zhongwei Rubber Co., Ltd. (``Zhongwei''), and Tianjin Leviathan International Trade Co., Ltd. (``Leviathan''), demonstrated eligibility for separate rates status. Further, the Department determines that Zhongce Rubber Group Company Limited (``Zhongce'') and Trelleborg Wheel Systems Hebei Co. (``TWS Hebei'') had no shipments during the POR and Qingdao Haojia (Xinhai) Tyre Co. (``Haojia'') failed to demonstrate eligibility for separate rate status. --------------------------------------------------------------------------- \2\ We initiated a review of 12 companies. See Initiation of Antidumping and Countervailing Duty Administrative Review, 79 FR 64565 (October 30, 2014) (``Initiation Notice''). Double Coin Holdings Ltd. and its affiliate China Manufacturers Alliance (collectively, ``Double Coin''), and Guizhou Tyre Co., Ltd. and its affiliate Guizhou Tyre Import and Export Co., Ltd. (collectively, ``GTC''), timely withdrew their requests for review, and on February 24, 2015, the Department rescinded the review for Double Coin and GTC pursuant to 19 CFR 351.213(d)(1). See Certain New Pneumatic Off- the-Road Tires from the People's Republic of China: Partial Rescission of Antidumping Duty Administrative Review; 2013-2014, 80 FR 9695 (February 24, 2015). \3\ In the Preliminary Results we determined, in accordance with 19 CFR 351.401(f), to treat affiliated producers Xugong, Xuzhou Armour Rubber Company Ltd. (``Armour'') and Xuzhou Hanbang Tyre Co., Ltd. (``Hanbang'') as a single entity (collectively, ``Xugong''). No party has challenged this collapsing decision. --------------------------------------------------------------------------- On October 9, 2015, the Department published its Preliminary Results of the antidumping duty administrative review of OTR tires from the PRC and invited interested parties to comment on the preliminary results. We received case and rebuttal briefs from Titan Tire Corporation and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC (``Petitioners'') and both Qihang and Xugong. We also received case briefs from TWS Xingtai. On March 17, 2016, the Department held a public hearing at the request of respondents and Petitioners. For a further discussion of the events that occurred in this investigation subsequent to the Preliminary Results, see the Issues and Decision Memorandum.\4\ Also, as explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department exercised its authority to toll all administrative deadlines due to the recent closure of the Federal Government.\5\ As a consequence, all deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final results is now April 12, 2016. The Department conducted this review in accordance with 751 of the Act. --------------------------------------------------------------------------- \4\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``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; 2013-2014,'' dated concurrently with this notice (``Issues and Decision Memorandum''). \5\ See Memorandum to the File from Ron Lorentzen, Acting A/S for Enforcement & Compliance, ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas'' dated January 27, 2016. --------------------------------------------------------------------------- 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 [[Page 23273]] only; the written product description of the scope of the order is dispositive.\6\ --------------------------------------------------------------------------- \6\ For a complete description of the scope of the order, see Issues and Decision Memorandum. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum follows as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov and it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/enforcement/. The signed Issues and Decision Memorandum and electronic version of the Issues and Decision Memorandum are identical in content. Final Determination of No Shipments As noted in the Preliminary Results, we received a no-shipment certification from Zhongce and TWS Hebei.\7\ Consistent with its practice, the Department asked U.S. Customs and Border Protection (``CBP'') to conduct a query on potential shipments made by Zhongce and TWS Hebei during the POR; CBP did not provide any evidence contradicting the no-shipment claims.\8\ No interested parties provided comments. Thus, based on Zhongce's and TWS Hebei's certifications and our analysis of CBP information, we determine that Zhongce and TWS Hebei did not have any reviewable transactions during the POR. --------------------------------------------------------------------------- \7\ See Preliminary Results, 80 FR at 61167. \8\ See CBP Message Number 5141301, dated May 21, 2015. --------------------------------------------------------------------------- Final Determination of Affiliation and Collapsing We continue to find that Xugong, Armour, and Hanbang are affiliated pursuant to section 771(33)(E) of the Act and should be collapsed together and treated as a single company (collectively, ``Xugong''), pursuant to the criteria laid out in 19 CFR 351.401(f)(1)-(2).\9\ --------------------------------------------------------------------------- \9\ See Preliminary Results, 80 FR at 61167. No party commented on this issue in their case briefs. --------------------------------------------------------------------------- Separate Rates In the Preliminary Results, we determined that Xugong, Qihang, Full-World, TWS Xingtai, Zhongwei, and Leviathan are eligible for separate-rate status; we also determined that Haojia was not eligible for a separate rate, and thus was part of the PRC-wide Entity.\10\ We made no changes to these determinations for the final results. --------------------------------------------------------------------------- \10\ See Preliminary Results, 80 FR at 61167-61168, and accompanying Preliminary Decision Memorandum at the ``Separate Rates'' section. No parties commented on this issue in their case briefs. --------------------------------------------------------------------------- Rate for Non-Examined Companies Which Are Eligible for a Separate Rate The statute and the Department's regulations do not address the establishment of a rate to be applied to respondents not selected for individual examination when the Department limits its examination of companies subject to the administrative review pursuant to section 777A(c)(2)(B) of the Act. Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for respondents not individually examined in an administrative review. Section 735(c)(5)(A) of the Act articulates a preference for not calculating an all-others rate using rates which are zero, de minimis, or based entirely on facts available (``FA'').\11\ Accordingly, the Department's usual practice has been to determine the dumping margin for companies not individually examined by averaging the weighted-average dumping margins for the individually examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available.\12\ Consistent with this practice, in this review, we have calculated weighted-average dumping margins for the two mandatory respondents Qihang and Xugong, and these dumping margins are above de minimis and are not based entirely on FA. Therefore, because we have publicly-ranged shipment data on the record from both Qihang and Xugong, we are assigning to Leviathan, Full-World, TWS Xingtai, and Zhongwei the weighted-average of the margins calculated for Qihang and Xugong, as the separate rate for this review.\13\ --------------------------------------------------------------------------- \11\ See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. \12\ See, e.g., Preliminary Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People's Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged in Final Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People's Republic of China, 72 FR 19690 (April 19, 2007). \13\ See Memorandum to the File, ``2013-2014 Administrative Review of the Antidumping Duty Order on Certain New Pneumatic Off- the-Road Tires from the People's Republic of China: Final Results Margin Calculation for Separate Rate Companies,'' dated concurrently with this notice. --------------------------------------------------------------------------- Changes Since the Preliminary Results Based on an analysis of the comments received, we made certain calculation programming changes and revisions to the valuation of certain factors of production. For further details on the changes we made for these final results, see the Issues and Decision Memorandum. See also Memorandum to the File, ``Final Results of the 2013-2014 Administrative Review of the Antidumping Duty Order on Certain New Pneumatic off-The-Road Tires from the People's Republic of China: Surrogate Value Memorandum,'' dated concurrently with this notice; Memorandum to the File, ``2013-2014 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 Qingdao Qihang Tyre Co., Ltd.,'' dated concurrently with this notice; and Memorandum to the File, ``2013-2014 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 Xuzhou Xugong Tyres Co., Ltd.,'' dated concurrently with this notice. Final Results As a result of this administrative review, we determine that the following weighted-average dumping margins exist for the period September 1, 2013, through August 31, 2014: ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd., 65.33 or Xuzhou Hanbang Tyre Co., Ltd............................ Qingdao Qihang Tyre Co., Ltd................................ 79.86 Qingdao Free Trade Zone Full-World International Trading 70.55 Co., Ltd................................................... Tianjin Leviathan International Trade Co., Ltd.............. 70.55 Trelleborg Wheel Systems (Xingtai) China, Co. Ltd........... 70.55 [[Page 23274]] Weihai Zhongwei Rubber Co., Ltd............................. 70.55 ------------------------------------------------------------------------ Assessment Rates The Department shall determine, and 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)(1).\14\ The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. --------------------------------------------------------------------------- \14\ See Antidumping Proceeding: 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 Xugong and Qihang 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.\15\ For customers or importers of Xugong and Qihang 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.\16\ For the non-examined separate rate companies, we will instruct CBP to liquidate all appropriate entries at 70.55 percent. For the PRC-wide entity, we will instruct CBP to liquidate all appropriate entries at 105.31 percent. --------------------------------------------------------------------------- \15\ See 19 CFR 351.212(b)(1). \16\ Id. --------------------------------------------------------------------------- Pursuant to a refinement in the Department's non-market economy (``NME'') practice, 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 NME-wide rate.\17\ 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 NME-wide rate. --------------------------------------------------------------------------- \17\ 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 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 ``Final Results'' section of this notice, above; (2) for previously 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 in which the exporter was reviewed; (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; 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. These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b). We are issuing and publishing the final results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 12, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Issues and Decision MemorandumSummary Background Scope of the Order List of Comments Discussion of the Issues Comment 1: Whether Application of Adverse Facts Available Is Warranted With Regards to Certain Xugong Sales Comment 2: Whether To Grant Qihang a Double Remedies Adjustment and What Pass-Through Rate to Use Comment 3: Whether To Adjust Xugong's U.S. Prices for Irrecoverable VAT Comment 4: Treatment of Xugong's Market Economy Purchases Comment 5: Whether the Department Should Apply the Separate Rate Calculated in This Review to TWS Xingtai Comment 6: Whether the Department Should Reject Certain Surrogate Values Submitted After the Preliminary Results Comment 7: Surrogate Country Comment 8: Financial Statements Comment 9: Natural Rubber Comment 10: Reclaimed Rubber Comment 11: Inland Freight Comment 12: Selection Surrogate Value for Carbon Black Comment 13: Inadvertent Errors in Surrogate Value Selection Comment 14: Selection of the Surrogate Values for #3 and #20 Compound Rubber, Activation Rubber Powder, Benzonic Acid, and Tire Cord Fabric Recommendation [FR Doc. 2016-09165 Filed 4-19-16; 8:45 am] BILLING CODE P
![23272 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices
this notice, of their responsibility under of review (‘‘POR’’) is September 1, 2013, Qingdao Haojia (Xinhai) Tyre Co.
19 CFR 351.402(f)(2) to file a certificate through August 31, 2014. Based on our (‘‘Haojia’’) failed to demonstrate
regarding the reimbursement of ADs analysis of the comments received, we eligibility for separate rate status.
prior to liquidation of the relevant made certain changes in the margin On October 9, 2015, the Department
entries during this review period. calculations. The final dumping margins published its Preliminary Results of the
Failure to comply with this requirement for this review are listed in the ‘‘Final antidumping duty administrative review
could result in the Secretary’s Results’’ section below. of OTR tires from the PRC and invited
presumption that reimbursement of the DATES: Effective Date: April 20, 2016. interested parties to comment on the
ADs occurred and the subsequent FOR FURTHER INFORMATION CONTACT: preliminary results. We received case
increase in the amount of ADs assessed. Andrew Medley or Amanda Mallott, and rebuttal briefs from Titan Tire
AD/CVD Operations, Office III, Corporation and the United Steel, Paper
Notification Regarding Administrative
Enforcement and Compliance, and Forestry, Rubber, Manufacturing,
Protective Orders
International Trade Administration, Energy, Allied Industrial and Service
This notice also serves as a final Workers International Union, AFL–CIO–
U.S. Department of Commerce, 14th
reminder to parties subject to CLC (‘‘Petitioners’’) and both Qihang
Street and Constitution Avenue NW.,
administrative protective order (APO) of and Xugong. We also received case
Washington, DC 20230; telephone: (202)
their responsibility concerning the briefs from TWS Xingtai. On March 17,
482–4987 and (202) 482–6430,
return or destruction of proprietary 2016, the Department held a public
respectively.
information disclosed under APO in hearing at the request of respondents
accordance with 19 CFR 351.305(a)(3), SUPPLEMENTARY INFORMATION: and Petitioners. For a further discussion
which continues to govern business Background of the events that occurred in this
proprietary information in this segment investigation subsequent to the
of the proceeding. Timely written We conducted this administrative Preliminary Results, see the Issues and
notification of the return/destruction of review in accordance with section 751 Decision Memorandum.4 Also, as
APO materials or conversion to judicial of the Tariff Act of 1930, as amended explained in the memorandum from the
protective order is hereby requested. (‘‘the Act’’). These final results of Acting Assistant Secretary for
Failure to comply with the regulations administrative review cover nine Enforcement and Compliance, the
and terms of an APO is a violation exporters of subject merchandise.2 The Department exercised its authority to
which is subject to sanction. Department finds that of these nine toll all administrative deadlines due to
This notice is issued and published in exporters, two mandatory respondents, the recent closure of the Federal
accordance with section 751(a)(1) and Qingdao Qihang Tyre Co., Ltd. Government.5 As a consequence, all
777(i)(1) of the Tariff Act of 1930, as (‘‘Qihang’’) and Xuzhou Xugong Tyres
deadlines in this segment of the
amended, and 19 CFR 351.213(d)(4). Co., Ltd. (‘‘Xugong’’),3 made sales of
proceeding have been extended by four
subject merchandise at less than normal business days. The revised deadline for
Dated: April 13, 2016.
value (‘‘NV’’), and, an additional four the final results is now April 12, 2016.
Christian Marsh, companies, Qingdao Free Trade Zone
Deputy Assistant Secretary for Antidumping The Department conducted this review
Full-World International Trading Co., in accordance with 751 of the Act.
and Countervailing Duty Operations. Ltd. (‘‘Full-World’’), Trelleborg Wheel
[FR Doc. 2016–09147 Filed 4–19–16; 8:45 am] Systems (Xingtai) China, Co. Ltd. (‘‘TWS Scope of the Order
BILLING CODE 3510–DS–P Xingtai’’) and Weihai Zhongwei Rubber The merchandise covered by this
Co., Ltd. (‘‘Zhongwei’’), and Tianjin order includes new pneumatic tires
Leviathan International Trade Co., Ltd. designed for off-the-road and off-
DEPARTMENT OF COMMERCE (‘‘Leviathan’’), demonstrated eligibility highway use, subject to certain
for separate rates status. Further, the exceptions. The subject merchandise is
International Trade Administration
Department determines that Zhongce currently classifiable under Harmonized
[A–570–912] Rubber Group Company Limited Tariff Schedule of the United States
(‘‘Zhongce’’) and Trelleborg Wheel (‘‘HTSUS’’) subheadings: 4011.20.10.25,
Certain New Pneumatic Off-the-Road Systems Hebei Co. (‘‘TWS Hebei’’) had
Tires From the People’s Republic of 4011.20.10.35, 4011.20.50.30,
no shipments during the POR and 4011.20.50.50, 4011.61.00.00,
China: Final Results of Antidumping
Duty Administrative Review; 2013– 2 We initiated a review of 12 companies. See
4011.62.00.00, 4011.63.00.00,
2014 Initiation of Antidumping and Countervailing Duty
4011.69.00.00, 4011.92.00.00,
Administrative Review, 79 FR 64565 (October 30, 4011.93.40.00, 4011.93.80.00,
AGENCY: Enforcement and Compliance, 2014) (‘‘Initiation Notice’’). Double Coin Holdings 4011.94.40.00, and 4011.94.80.00. The
International Trade Administration, Ltd. and its affiliate China Manufacturers Alliance HTSUS subheadings are provided for
(collectively, ‘‘Double Coin’’), and Guizhou Tyre
Department of Commerce. Co., Ltd. and its affiliate Guizhou Tyre Import and
convenience and customs purposes
SUMMARY: On October 9, 2015, the Export Co., Ltd. (collectively, ‘‘GTC’’), timely
Department of Commerce withdrew their requests for review, and on February 4 See Memorandum from Christian Marsh, Deputy
24, 2015, the Department rescinded the review for Assistant Secretary for Antidumping and
(‘‘Department’’) published the Double Coin and GTC pursuant to 19 CFR Countervailing Duty Operations, to Paul Piquado,
preliminary results of the administrative 351.213(d)(1). See Certain New Pneumatic Off-the- Assistant Secretary for Enforcement and
review of the antidumping duty order Road Tires from the People’s Republic of China: Compliance, ‘‘Issues and Decision Memorandum for
on certain new pneumatic off-the-road Partial Rescission of Antidumping Duty Final Results of Antidumping Duty Administrative
Administrative Review; 2013–2014, 80 FR 9695 Review: Certain New Pneumatic Off-the-Road Tires
Lhorne on DSK5TPTVN1PROD with NOTICES
tires (‘‘OTR tires’’) from the People’s (February 24, 2015). from the People’s Republic of China; 2013–2014,’’
Republic of China (‘‘PRC’’).1 The period 3 In the Preliminary Results we determined, in dated concurrently with this notice (‘‘Issues and
accordance with 19 CFR 351.401(f), to treat Decision Memorandum’’).
1 See Certain New Pneumatic Off-the-Road Tires affiliated producers Xugong, Xuzhou Armour 5 See Memorandum to the File from Ron
From the People’s Republic of China: Preliminary Rubber Company Ltd. (‘‘Armour’’) and Xuzhou Lorentzen, Acting A/S for Enforcement &
Results of Antidumping Duty Administrative Hanbang Tyre Co., Ltd. (‘‘Hanbang’’) as a single Compliance, ‘‘Tolling of Administrative Deadlines
Review; 2013–2014, 80 FR 61166 (October 9, 2015) entity (collectively, ‘‘Xugong’’). No party has As a Result of the Government Closure During
(‘‘Preliminary Results’’). challenged this collapsing decision. Snowstorm Jonas’’ dated January 27, 2016.
VerDate Sep<11>2014 14:53 Apr 19, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.SGM 20APN1](https://thefederalregister.org/doc/81_FR_23348/page/1.svg)
![23274 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices
Weighted- Cash Deposit Requirements Failure to comply with the regulations
average
The following cash deposit and terms of an APO is a violation
Exporter dumping which is subject to sanction.
margin requirements will be effective for all
(percent) shipments of the subject merchandise Disclosure
entered, or withdrawn from warehouse, We will disclose the calculations
Weihai Zhongwei Rubber Co., for consumption on or after the
Ltd ........................................... 70.55 performed within five days of the date
publication date of the final results of of publication of this notice to parties in
this administrative review, as provided this proceeding, in accordance with 19
Assessment Rates by section 751(a)(2)(C) of the Act: (1) CFR 351.224(b). We are issuing and
For the exporters listed above, the cash publishing the final results and notice
The Department shall determine, and
deposit rate will be equal to the in accordance with sections 751(a)(1)
CBP shall assess, antidumping duties on
weighted-average dumping margin and 777(i)(1) of the Act.
all appropriate entries covered by this
identified in the ‘‘Final Results’’ section
review pursuant to section 751(a)(2)(C) of this notice, above; (2) for previously Dated: April 12, 2016.
of the Act and 19 CFR 351.212(b)(1).14 investigated or reviewed PRC and non- Paul Piquado,
The Department intends to issue PRC exporters that are not under review Assistant Secretary for Enforcement and
assessment instructions to CBP 15 days in this segment of the proceeding but Compliance.
after the date of publication of these that received a separate rate in a
final results of review. Appendix
previous segment, the cash deposit rate
For customers or importers of Xugong will continue to be the exporter-specific Issues and Decision Memorandum
and Qihang for which we do not have rate (or exporter-producer chain rate) • Summary
entered value, we calculated importer- published for the most recently • Background
completed segment of this proceeding in • Scope of the Order
(or customer-) specific antidumping • List of Comments
duty assessment amounts based on the which the exporter was reviewed; (3) for • Discussion of the Issues
ratio of the total amount of dumping all PRC exporters of subject Comment 1: Whether Application of Adverse
duties calculated for the examined sales merchandise which have not been Facts Available Is Warranted With Regards
of subject merchandise to the total sales found to be entitled to a separate rate, to Certain Xugong Sales
quantity of those same sales.15 For the cash deposit rate will be the PRC- Comment 2: Whether To Grant Qihang a
wide rate of 105.31 percent; and (4) for Double Remedies Adjustment and What
customers or importers of Xugong and Pass-Through Rate to Use
Qihang for which we received entered- all non-PRC exporters of subject
merchandise which have not received Comment 3: Whether To Adjust Xugong’s
value information, we have calculated U.S. Prices for Irrecoverable VAT
importer- (or customer-) specific their own rate, the cash deposit rate will Comment 4: Treatment of Xugong’s Market
antidumping duty assessment rates be the rate applicable to the PRC Economy Purchases
exporter(s) that supplied that non-PRC Comment 5: Whether the Department Should
based on importer- (or customer-)
exporter. These cash deposit Apply the Separate Rate Calculated in This
specific ad valorem rates.16 For the non-
requirements, when imposed, shall Review to TWS Xingtai
examined separate rate companies, we Comment 6: Whether the Department Should
remain in effect until further notice.
will instruct CBP to liquidate all Reject Certain Surrogate Values Submitted
appropriate entries at 70.55 percent. For Notification to Importers After the Preliminary Results
the PRC-wide entity, we will instruct This notice serves as a final reminder Comment 7: Surrogate Country
CBP to liquidate all appropriate entries Comment 8: Financial Statements
to importers of their responsibility Comment 9: Natural Rubber
at 105.31 percent. under 19 CFR 351.402(f)(2) to file a Comment 10: Reclaimed Rubber
Pursuant to a refinement in the certificate regarding the reimbursement Comment 11: Inland Freight
Department’s non-market economy of antidumping and/or countervailing Comment 12: Selection Surrogate Value for
(‘‘NME’’) practice, for entries that were duties prior to liquidation of the Carbon Black
not reported in the U.S. sales databases relevant entries during this review Comment 13: Inadvertent Errors in Surrogate
period. Failure to comply with this Value Selection
submitted by companies individually Comment 14: Selection of the Surrogate
examined during this review, the requirement could result in the
Values for #3 and #20 Compound Rubber,
Department will instruct CBP to Secretary’s presumption that Activation Rubber Powder, Benzonic Acid,
liquidate such entries at the NME-wide reimbursement of the antidumping and/ and Tire Cord Fabric
rate.17 In addition, if the Department or countervailing duties occurred and • Recommendation
determines that an exporter under the subsequent assessment of double [FR Doc. 2016–09165 Filed 4–19–16; 8:45 am]
review had no shipments of subject antidumping duties.
BILLING CODE P
merchandise, any suspended entries Notification to Interested Parties
that entered under that exporter’s case
This notice also serves as a reminder DEPARTMENT OF COMMERCE
number (i.e., at that exporter’s rate) will
to parties subject to administrative
be liquidated at the NME-wide rate. protective order (‘‘APO’’) of their National Oceanic and Atmospheric
responsibility concerning the return or Administration
14 See Antidumping Proceeding: Calculation of destruction of proprietary information
the Weighted-Average Dumping Margin and RIN 0648–XE574
Assessment Rate in Certain Antidumping Duty disclosed under the APO in accordance
Lhorne on DSK5TPTVN1PROD with NOTICES
Proceedings; Final Modification, 77 FR 8103 with 19 CFR 351.305(a)(3), which
Magnuson-Stevens Act Provisions;
(February 14, 2012) (‘‘NME Antidumping continues to govern business
Proceedings’’). General Provisions for Domestic
proprietary information in this segment
15 See 19 CFR 351.212(b)(1). Fisheries; Application for Exempted
of the proceeding. Timely written
16 Id. Fishing Permits
17 See Non-Market Economy Antidumping notification of the return/destruction of
Proceedings: Assessment of Antidumping Duties, 76 APO materials or conversion to judicial AGENCY: National Marine Fisheries
FR 65694 (October 24, 2011). protective order is hereby requested. Service (NMFS), National Oceanic and
VerDate Sep<11>2014 14:53 Apr 19, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.SGM 20APN1](https://thefederalregister.org/doc/81_FR_23348/page/3.svg)
Document Created: 2016-04-20 01:51:46
Document Modified: 2016-04-20 01:51:46
| 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 or Amanda Mallott, 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 and (202) 482-6430, respectively. | |
| FR Citation | 81 FR 23272 |
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