82_FR_27337 82 FR 27224 - Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015

82 FR 27224 - Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 113 (June 14, 2017)

Page Range27224-27226
FR Document2017-12303

The Department of Commerce (Department) is amending its final 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) for the period of September 1, 2014, through August 31, 2015, to correct a ministerial error. The amended final weighted-average dumping margins for the reviewed firms are listed below in the section entitled, ``Amended Final Results.''

Federal Register, Volume 82 Issue 113 (Wednesday, June 14, 2017)
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27224-27226]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12303]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / 
Notices

[[Page 27224]]



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; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) is amending its final 
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) for the period of September 1, 2014, through 
August 31, 2015, to correct a ministerial error. The amended final 
weighted-average dumping margins for the reviewed firms are listed 
below in the section entitled, ``Amended Final Results.''

DATES: Effective June 14, 2017.

FOR FURTHER INFORMATION CONTACT: Mandy Mallott, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone 202-482-6430.

SUPPLEMENTARY INFORMATION:

Background

    On April 13, 2017, the Department issued the final results of the 
administrative review of the 2014-2015 period of review.\1\ On April 
14, 2017, the Department disclosed to interested parties its 
calculations for the final results.\2\ On April 24, 2017, the 
Department received a timely-filed ministerial error allegation from 
the petitioners \3\ regarding the Department's margin calculation for 
Xugong, one of the mandatory respondents in the review.\4\ The 
Department also received a timely-filed ministerial error allegation 
from Xugong regarding the draft final liquidation instructions released 
with the Final Results.\5\
---------------------------------------------------------------------------

    \1\ See Certain New Pneumatic Off-the-Road Tires from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2014-2015, 82 FR 18733 (April 21, 2017) 
(Final Results) and accompanying Issues and Decision Memorandum.
    \2\ Xuzhou Xugong Tyres Co., Ltd. (Xugong) was the only 
mandatory respondent for which the Department calculated a margin. 
See the Department's memorandum, ``2014-2015 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 April 12, 2017 (Xugong Final Analysis Memorandum).
    \3\ Titan Tire Corporation (Titan) and the United Steel, Paper 
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union, AFL-CIO, CLC (the USW) 
(collectively, the petitioners).
    \4\ See Petitioners' Letter, ``Petitioners' Ministerial Error 
Comments,'' dated April 24, 2017.
    \5\ See Xugong's letter, ``Allegation of Ministerial Error for 
the Final Results of Administrative Review of New Pneumatic Off-The-
Road Tires from the People's Republic of China,'' dated April 21, 
2017 (Xugong Comments).
---------------------------------------------------------------------------

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: 
4011.80.1010, 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, 4011.70.00.10, 4011.70.00.50 4011.80.20.20, 
4011.92.00.00, 4011.93.40.00, 4011.93.80.00, 4011.94.40.00, 
4011.94.80.00, 8716.90.5056, 8716.90.5059, 4011.80.10.10, 
4011.80.10.20, 4011.80.20.10, 4011.80.80.10, and 4011.80.80.20. The 
HTSUS subheadings are provided for convenience and customs purposes 
only; the written product description of the scope of the order is 
dispositive. For a complete description of the scope of the order, see 
the Issues and Decision Memorandum accompanying the Final Results.

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 the petitioners' ministerial error comments 
and determined, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e) and (f), that we made a ministerial error in our calculation 
of Xugong's margin for the Final Results by inadvertently using the 
incorrect sales figures as a denominator to devise the indirect sales 
expense ratio.\6\ We also made an error in the draft liquidation 
instructsions. For a detailed discussion of the Department's 
ministerial error determination, see Ministerial Error Memorandum.
---------------------------------------------------------------------------

    \6\ See the Department's memorandum, ``2014-2015 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 (Ministerial Error Memorandum).
---------------------------------------------------------------------------

    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are correcting this error in the calculation of Xugong's weighted-
average dumping margin by using the proper denominator in the 
calculation of indirect sales expenses,\7\ and are, thus, amending the 
Final Results. The revised weighted-average dumping margin for Xugong 
is detailed below.
---------------------------------------------------------------------------

    \7\ See Ministerial Error Memorandum; see also memorandum, 
``Analysis of the Amended Final Results Margin Calculation for 
Xuzhou Xugong Tyres Co., Ltd.,'' dated concurrently with this notice 
(Xugong Amended Final Analysis Memo).
---------------------------------------------------------------------------

    Additionally, as a result of our revision to Xugong's margin, the 
Department has also revised the dumping margin for companies not 
individually examined in the review. As we explained in the Final 
Results,\8\ 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. Consistent with 
section 735(c)(5)(A) of the Act, 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

[[Page 27225]]

that are zero, de minimis, or based entirely on facts available.\9\ 
Because Xugong's revised weighted-average dumping margin is above de 
minimis and not based entirely on facts available, consistent with the 
Department's practice, we have assigned to companies not individually 
examined the weighted-average dumping margin calculated for Xugong as 
the separate rate for this review. The revised weighted-average dumping 
margins for those companies are detailed below.
---------------------------------------------------------------------------

    \8\ See Final Results, 82 FR at 18734.
    \9\ 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).
---------------------------------------------------------------------------

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)
------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd.,         33.14
 or Xuzhou Hanbang Tyre Co., Ltd...........................
Shiyan Desizheng Industry & Trade Co., Ltd.................        33.14
Qingdao Jinhaoyang International Co., Ltd..................        33.14
Sailun Jinyu Group Co., Ltd................................        33.14
Weifang Jintongda Tyre Co., Ltd............................        33.14
Zhongce Rubber Group Company Limite........................        33.14
Weihai Zhongwei Rubber Co., Ltd............................        33.14
Qingdao Qihang Tyre Co., Ltd.\10\..........................        33.14
Qingdao Free Trade Zone Full-World International Trading           33.14
 Co., Ltd..................................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd\11\......        33.14
------------------------------------------------------------------------

    The Department's determination in the Final Results that Guizhou 
Tyre Co., Ltd. (GTC) and Guizhou Tyre Import and Export Co., Ltd. 
(GTCIE),\12\ Aeolus Tyre Co., Ltd., and Tianjin Leviathan International 
Trade Co., Ltd., are part of the PRC-wide entity remains unchanged.\13\
---------------------------------------------------------------------------

    \10\ The Department intended to grant Qingdao Qihang Tyre Co., 
Ltd. a separate rate in the Final Results. See Qihang's December 6, 
2015 Separate Rate Certification. However, we incorrectly referred 
to this company as ``Qingdao Qihang Tyre Co.,'' in the Final Results 
and accompanying Issues and Decision Memorandum. Accordingly, we 
have corrected the name of this company in these Amended Final 
Results.
    \11\ In the Final Results the Department granted Trelleborg 
Wheel Systems (Xingtai) China, Co. Ltd. (TWS) a separate rate. 
However, we note that TWS is also known as Trelleborg Wheel Systems 
(Xingtai) Co., Ltd. See TWS's November 12, 2105 Entry of Appearance 
and TWS's November 20, 2015 Separate Rate Certification.
    \12\ We incorrectly referred to the this company as ``Guizhou 
Tyre Import and Export Corporation,'' and have corrected the name in 
these Amended Final Results.
    \13\ See Final Results, 82 FR at 18735.
---------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed regarding these 
amended final results within five days of the date of publication of 
this notice to parties in this proceeding, in accordance with 19 CFR 
351.224(b).

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 directly to CBP 15 
days after the date of publication of these amended final results of 
administrative 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 Xugong, the Department calculated importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of sales, in accordance with 19 CFR 351.212(b)(1). For customers or 
importers of Xugong for which we do not have entered values, 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 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\ Where an importer- or (customer-) specific ad valorem rate 
is greater than de minimis, the Department will instruct CBP to collect 
the appropriate duties at the time of liquidation.\17\ For the non-
examined separate rate companies, we will instruct CBP to liquidate all 
appropriate entries at 33.14 percent. For those entities that are 
subject to this review that the Department has determined are part of 
the PRC-wide entity (i.e., GTC and GTCIE, Aeolus Tyre Co., Ltd., and 
Tianjin Leviathan International Trade Co., Ltd.), we will instruct CBP 
to liquidate all appropriate entries at the PRC-wide rate of 105.31 
percent.\18\ 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 PRC-wide rate.\19\ 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.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b)(1).
    \16\ Id.
    \17\ Id.
    \18\ The PRC-wide rate was determined in 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).
    \19\ 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 April 21, 2017, 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 ``Amended 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; \20\ and (4) for all non-PRC exporters of 
subject merchandise which have not received

[[Page 27226]]

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.
---------------------------------------------------------------------------

    \20\ 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).
---------------------------------------------------------------------------

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.

Administrative Protective Order

    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.
    We are issuing and publishing these amended final results of 
administrative review in accordance with sections 751(a)(1) and 777(i) 
of the Act.

    Dated: June 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12303 Filed 6-13-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  27224

                                                  Notices                                                                                                           Federal Register
                                                                                                                                                                    Vol. 82, No. 113

                                                                                                                                                                    Wednesday, June 14, 2017



                                                  This section of the FEDERAL REGISTER                    results.2 On April 24, 2017, the                          351.224(f) define a ‘‘ministerial error’’ as
                                                  contains documents other than rules or                  Department received a timely-filed                        an error ‘‘in addition, subtraction, or
                                                  proposed rules that are applicable to the               ministerial error allegation from the                     other arithmetic function, clerical error
                                                  public. Notices of hearings and investigations,         petitioners 3 regarding the Department’s                  resulting from inaccurate copying,
                                                  committee meetings, agency decisions and                margin calculation for Xugong, one of                     duplication, or the like, and any similar
                                                  rulings, delegations of authority, filing of
                                                                                                          the mandatory respondents in the                          type of unintentional error which the
                                                  petitions and applications and agency
                                                  statements of organization and functions are            review.4 The Department also received                     Secretary considers ministerial.’’ We
                                                  examples of documents appearing in this                 a timely-filed ministerial error                          analyzed the petitioners’ ministerial
                                                  section.                                                allegation from Xugong regarding the                      error comments and determined, in
                                                                                                          draft final liquidation instructions                      accordance with section 751(h) of the
                                                                                                          released with the Final Results.5                         Act and 19 CFR 351.224(e) and (f), that
                                                  DEPARTMENT OF COMMERCE                                                                                            we made a ministerial error in our
                                                                                                          Scope of the Order
                                                                                                                                                                    calculation of Xugong’s margin for the
                                                  International Trade Administration                        The merchandise covered by this                         Final Results by inadvertently using the
                                                                                                          order includes new pneumatic tires                        incorrect sales figures as a denominator
                                                  [A–570–912]                                             designed for off-the-road and off-                        to devise the indirect sales expense
                                                                                                          highway use, subject to certain                           ratio.6 We also made an error in the
                                                  Certain New Pneumatic Off-the-Road                      exceptions. The subject merchandise is                    draft liquidation instructsions. For a
                                                  Tires From the People’s Republic of                     currently classifiable under Harmonized                   detailed discussion of the Department’s
                                                  China: Amended Final Results of                         Tariff Schedule of the United States                      ministerial error determination, see
                                                  Antidumping Duty Administrative                         (HTSUS) subheadings: 4011.80.1010,                        Ministerial Error Memorandum.
                                                  Review; 2014–2015                                       4011.20.10.25, 4011.20.10.35,                               In accordance with section 751(h) of
                                                                                                          4011.20.50.30, 4011.20.50.50,                             the Act and 19 CFR 351.224(e), we are
                                                  AGENCY:   Enforcement and Compliance,                   4011.61.00.00, 4011.62.00.00,                             correcting this error in the calculation of
                                                  International Trade Administration,                     4011.63.00.00, 4011.69.00.00,                             Xugong’s weighted-average dumping
                                                  Department of Commerce.                                 4011.70.00.10, 4011.70.00.50                              margin by using the proper denominator
                                                  SUMMARY: The Department of Commerce                     4011.80.20.20, 4011.92.00.00,                             in the calculation of indirect sales
                                                  (Department) is amending its final                      4011.93.40.00, 4011.93.80.00,                             expenses,7 and are, thus, amending the
                                                  results of the administrative review of                 4011.94.40.00, 4011.94.80.00,                             Final Results. The revised weighted-
                                                  the antidumping duty order on certain                   8716.90.5056, 8716.90.5059,                               average dumping margin for Xugong is
                                                  new pneumatic off-the-road tires (OTR                   4011.80.10.10, 4011.80.10.20,                             detailed below.
                                                  Tires) from the People’s Republic of                    4011.80.20.10, 4011.80.80.10, and                           Additionally, as a result of our
                                                  China (PRC) for the period of September                 4011.80.80.20. The HTSUS subheadings                      revision to Xugong’s margin, the
                                                  1, 2014, through August 31, 2015, to                    are provided for convenience and                          Department has also revised the
                                                  correct a ministerial error. The amended                customs purposes only; the written                        dumping margin for companies not
                                                  final weighted-average dumping                          product description of the scope of the                   individually examined in the review. As
                                                  margins for the reviewed firms are listed               order is dispositive. For a complete                      we explained in the Final Results,8 the
                                                  below in the section entitled,                          description of the scope of the order, see                Department looks to section 735(c)(5) of
                                                  ‘‘Amended Final Results.’’                              the Issues and Decision Memorandum                        the Act, which provides instructions for
                                                  DATES: Effective June 14, 2017.                         accompanying the Final Results.                           calculating the all-others rate in an
                                                  FOR FURTHER INFORMATION CONTACT:                                                                                  investigation, for guidance when
                                                                                                          Ministerial Error
                                                  Mandy Mallott, AD/CVD Operations,                                                                                 calculating the rate for respondents not
                                                                                                            Section 751(h) of the Tariff Act of                     individually examined in an
                                                  Office III, Enforcement and Compliance,                 1930, as amended (the Act), and 19 CFR
                                                  International Trade Administration,                                                                               administrative review. Consistent with
                                                  U.S. Department of Commerce, 1401                                                                                 section 735(c)(5)(A) of the Act, the
                                                                                                            2 Xuzhou Xugong Tyres Co., Ltd. (Xugong) was
                                                  Constitution Avenue NW., Washington,                                                                              Department’s usual practice has been to
                                                                                                          the only mandatory respondent for which the
                                                  DC 20230; telephone 202–482–6430.                       Department calculated a margin. See the                   determine the dumping margin for
                                                                                                          Department’s memorandum, ‘‘2014–2015                      companies not individually examined
                                                  SUPPLEMENTARY INFORMATION:                              Administrative Review of the Antidumping Duty             by averaging the weighted-average
                                                                                                          Order on Certain New Pneumatic Off-the-Road               dumping margins for the individually
                                                  Background                                              Tires from the People’s Republic of China: Analysis
                                                                                                          of the Final Results Margin Calculation for Xuzhou        examined respondents, excluding rates
                                                     On April 13, 2017, the Department
                                                                                                          Xugong Tyres Co., Ltd.,’’ dated April 12, 2017
                                                  issued the final results of the                         (Xugong Final Analysis Memorandum).                         6 See the Department’s memorandum, ‘‘2014–
                                                  administrative review of the 2014–2015                    3 Titan Tire Corporation (Titan) and the United         2015 Administrative Review of the Antidumping
                                                  period of review.1 On April 14, 2017,                   Steel, Paper and Forestry, Rubber, Manufacturing,         Duty Order on Certain New Pneumatic Off-the-Road
                                                  the Department disclosed to interested                  Energy, Allied Industrial and Service Workers             Tires from the People’s Republic of China:
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          International Union, AFL–CIO, CLC (the USW)               Ministerial Error Allegation for the Final Results,’’
                                                  parties its calculations for the final                  (collectively, the petitioners).                          dated concurrently with this notice (Ministerial
                                                                                                            4 See Petitioners’ Letter, ‘‘Petitioners’ Ministerial   Error Memorandum).
                                                    1 See Certain New Pneumatic Off-the-Road Tires        Error Comments,’’ dated April 24, 2017.                     7 See Ministerial Error Memorandum; see also

                                                  from the People’s Republic of China: Final Results        5 See Xugong’s letter, ‘‘Allegation of Ministerial      memorandum, ‘‘Analysis of the Amended Final
                                                  of Antidumping Duty Administrative Review; 2014–        Error for the Final Results of Administrative Review      Results Margin Calculation for Xuzhou Xugong
                                                  2015, 82 FR 18733 (April 21, 2017) (Final Results)      of New Pneumatic Off-The-Road Tires from the              Tyres Co., Ltd.,’’ dated concurrently with this
                                                  and accompanying Issues and Decision                    People’s Republic of China,’’ dated April 21, 2017        notice (Xugong Amended Final Analysis Memo).
                                                  Memorandum.                                             (Xugong Comments).                                          8 See Final Results, 82 FR at 18734.




                                             VerDate Sep<11>2014   17:36 Jun 13, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4703   Sfmt 4703   E:\FR\FM\14JNN1.SGM     14JNN1


                                                                               Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices                                                   27225

                                                  that are zero, de minimis, or based                     Ltd. (GTC) and Guizhou Tyre Import                     instruct CBP to liquidate all appropriate
                                                  entirely on facts available.9 Because                   and Export Co., Ltd. (GTCIE),12 Aeolus                 entries at 33.14 percent. For those
                                                  Xugong’s revised weighted-average                       Tyre Co., Ltd., and Tianjin Leviathan                  entities that are subject to this review
                                                  dumping margin is above de minimis                      International Trade Co., Ltd., are part of             that the Department has determined are
                                                  and not based entirely on facts                         the PRC-wide entity remains                            part of the PRC-wide entity (i.e., GTC
                                                  available, consistent with the                          unchanged.13                                           and GTCIE, Aeolus Tyre Co., Ltd., and
                                                  Department’s practice, we have assigned                                                                        Tianjin Leviathan International Trade
                                                                                                          Disclosure                                             Co., Ltd.), we will instruct CBP to
                                                  to companies not individually examined
                                                  the weighted-average dumping margin                        We intend to disclose the calculations              liquidate all appropriate entries at the
                                                  calculated for Xugong as the separate                   performed regarding these amended                      PRC-wide rate of 105.31 percent.18
                                                  rate for this review. The revised                       final results within five days of the date             Pursuant to a refinement in the
                                                  weighted-average dumping margins for                    of publication of this notice to parties in            Department’s non-market economy
                                                  those companies are detailed below.                     this proceeding, in accordance with 19                 (NME) practice, for entries that were not
                                                                                                          CFR 351.224(b).                                        reported in the U.S. sales databases
                                                  Amended Final Results                                                                                          submitted by companies individually
                                                                                                             Assessment Rates
                                                    As a result of correcting this                                                                               examined during this review, the
                                                  ministerial error, we determine that the                      The Department shall determine, and              Department will instruct CBP to
                                                  following weighted-average dumping                         CBP shall assess, antidumping duties on             liquidate such entries at the PRC-wide
                                                  margins exist for the POR:                                 all appropriate entries covered by this             rate.19 In addition, if the Department
                                                                                                             review pursuant to section 751(a)(2)(C)             determines that an exporter under
                                                                                                  Weighted-  of the Act and 19 CFR 351.212(b)(1).14              review had no shipments of subject
                                                                                                   average   The Department intends to issue                     merchandise, any suspended entries
                                                                 Exporter                         dumping    assessment instructions directly to CBP             that entered under that exporter’s case
                                                                                                   margin
                                                                                                  (percent)  15 days after the date of publication of            number (i.e., at that exporter’s rate) will
                                                                                                             these amended final results of                      be liquidated at the PRC-wide rate.
                                                  Xuzhou Xugong Tyres Co.,                                   administrative review.
                                                    Ltd., Armour Rubber Com-                                    For Xugong, the Department                       Cash Deposit Requirements
                                                    pany Ltd., or Xuzhou                                     calculated importer-specific assessment                The following cash deposit
                                                    Hanbang Tyre Co., Ltd .........                    33.14 rates on the basis of the ratio of the total        requirements will be effective for all
                                                  Shiyan Desizheng Industry &                                amount of dumping calculated for the                shipments of the subject merchandise
                                                    Trade Co., Ltd .......................             33.14 importer’s examined sales to the total              entered, or withdrawn from warehouse,
                                                  Qingdao Jinhaoyang Inter-                                                                                      for consumption on or after April 21,
                                                    national Co., Ltd ....................             33.14
                                                                                                             entered value of sales, in accordance
                                                                                                                                                                 2017, the publication date of the Final
                                                  Sailun Jinyu Group Co., Ltd .....                    33.14 with 19 CFR 351.212(b)(1). For
                                                  Weifang Jintongda Tyre Co.,                                customers or importers of Xugong for                Results of this administrative review, as
                                                    Ltd .........................................      33.14 which we do not have entered values,                provided by section 751(a)(2)(C) of the
                                                  Zhongce Rubber Group Com-                                  we calculated importer- (or customer-)              Act: (1) For the exporters listed above,
                                                    pany Limite ............................           33.14 specific antidumping duty assessment                the cash deposit rate will be equal to the
                                                  Weihai Zhongwei Rubber Co.,                                amounts based on the ratio of the total             weighted-average dumping margin
                                                    Ltd .........................................      33.14 amount of dumping duties calculated                 identified in the ‘‘Amended Final
                                                  Qingdao Qihang Tyre Co.,                                   for the examined sales of subject                   Results’’ section of this notice, above;
                                                    Ltd.10 .....................................       33.14                                                     (2) for previously investigated or
                                                  Qingdao Free Trade Zone Full-
                                                                                                             merchandise to the total sales quantity
                                                                                                             of those same sales.15 For customers or             reviewed PRC and non-PRC exporters
                                                    World International Trading
                                                                                                                                                                 that are not under review in this
                                                    Co., Ltd .................................         33.14 importers of Xugong for which we
                                                  Trelleborg Wheel Systems                                   received entered-value information, we              segment of the proceeding but that
                                                    (Xingtai) China, Co. Ltd11 .....                   33.14 have calculated importer- (or customer-             received a separate rate in a previous
                                                                                                             ) specific antidumping duty assessment              segment, the cash deposit rate will
                                                     The Department’s determination in                       rates based on importer- (or customer-)             continue to be the exporter-specific rate
                                                  the Final Results that Guizhou Tyre Co., specific ad valorem rates.16 Where an                                 (or exporter-producer chain rate)
                                                                                                             importer- or (customer-) specific ad                published for the most recently
                                                    9 See, e.g., Preliminary Determination of Sales at
                                                                                                             valorem rate is greater than de minimis,            completed segment of this proceeding in
                                                  Less Than Fair Value and Partial Affirmative               the Department will instruct CBP to                 which the exporter was reviewed; (3) for
                                                  Determination of Critical Circumstances: Certain
                                                                                                             collect the appropriate duties at the time          all PRC exporters of subject
                                                  Polyester Staple Fiber from the People’s Republic of                                                           merchandise which have not been
                                                  China, 71 FR 77373, 77377 (December 26, 2006),             of liquidation.17 For the non-examined
                                                  unchanged in Final Determination of Sales at Less          separate rate companies, we will                    found to be entitled to a separate rate,
                                                  Than Fair Value and Partial Affirmative                                                                        the cash deposit rate will be the PRC-
                                                  Determination of Critical Circumstances: Certain
                                                                                                          Entry of Appearance and TWS’s November 20, 2015        wide rate of 105.31 percent; 20 and (4)
                                                  Polyester Staple Fiber from the People’s Republic of                                                           for all non-PRC exporters of subject
                                                                                                          Separate Rate Certification.
                                                  China, 72 FR 19690 (April 19, 2007).
                                                     10 The Department intended to grant Qingdao
                                                                                                             12 We incorrectly referred to the this company as   merchandise which have not received
                                                                                                          ‘‘Guizhou Tyre Import and Export Corporation,’’
                                                  Qihang Tyre Co., Ltd. a separate rate in the Final
                                                                                                          and have corrected the name in these Amended              18 The PRC-wide rate was determined in Certain
                                                  Results. See Qihang’s December 6, 2015 Separate
                                                                                                          Final Results.                                         New Pneumatic Off-the-Road Tires From the
                                                  Rate Certification. However, we incorrectly referred       13 See Final Results, 82 FR at 18735.
                                                  to this company as ‘‘Qingdao Qihang Tyre Co.,’’ in                                                             People’s Republic of China: Final Results of
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                                                                                                             14 See Antidumping Proceeding: Calculation of
                                                  the Final Results and accompanying Issues and                                                                  Antidumping Duty Administrative Review; 2012–
                                                  Decision Memorandum. Accordingly, we have               the Weighted-Average Dumping Margin and                2013, 80 FR 20197 (April 15, 2015).
                                                  corrected the name of this company in these             Assessment Rate in Certain Antidumping Duty               19 See Non-Market Economy Antidumping

                                                  Amended Final Results.                                  Proceedings; Final Modification, 77 FR 8103            Proceedings: Assessment of Antidumping Duties, 76
                                                     11 In the Final Results the Department granted       (February 14, 2012) (‘‘NME Antidumping                 FR 65694 (October 24, 2011).
                                                  Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.      Proceedings’’).                                           20 See Certain New Pneumatic Off-the-Road Tires
                                                                                                             15 See 19 CFR 351.212(b)(1).
                                                  (TWS) a separate rate. However, we note that TWS                                                               from the People’s Republic of China: Final Results
                                                                                                             16 Id.
                                                  is also known as Trelleborg Wheel Systems                                                                      of Antidumping Duty Administrative Review; 2012–
                                                  (Xingtai) Co., Ltd. See TWS’s November 12, 2105            17 Id.                                              2013, 80 FR 20197 (April 15, 2015).



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                                                  27226                        Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

                                                  their own rate, the cash deposit rate will              Preliminary Results of the seventh                     Potassium citrate and crude calcium
                                                  be the rate applicable to the PRC                       administrative review of the                           citrate are classifiable under
                                                  exporter(s) that supplied that non-PRC                  antidumping duty order on citric acid                  2918.15.5000 and 3824.90.9290 of the
                                                  exporter. These cash deposit                            and certain citrate salts (citric acid) from           HTSUS, respectively. Blends that
                                                  requirements, when imposed, shall                       the People’s Republic of China (PRC) on                include citric acid, sodium citrate, and
                                                  remain in effect until further notice.                  February 8, 2017. The period of review                 potassium citrate are classifiable under
                                                                                                          (POR) for the administrative review is                 3824.90.9290 of the HTSUS. Although
                                                  Notification to Importers
                                                                                                          May 1, 2015, through April 30, 2016.                   the HTSUS subheadings are provided
                                                    This notice serves as a final reminder                The review was initiated with respect to               for convenience and customs purposes,
                                                  to importers of their responsibility                    twenty companies. After rescinding the                 the written description of the
                                                  under 19 CFR 351.402(f)(2) to file a                    review with respect to RZBC Co., Ltd.,                 merchandise is dispositive.2
                                                  certificate regarding the reimbursement                 RZBC Import & Export Co., Ltd., and
                                                  of antidumping and/or countervailing                                                                           Final Determination of No Shipments
                                                                                                          RZBC (Juxian) Co., Ltd. (collectively,
                                                  duties prior to liquidation of the                      RZBC) at the Preliminary Results,                         In the Preliminary Results, the
                                                  relevant entries during this review                     seventeen companies remain under                       Department determined Niran
                                                  period. Failure to comply with this                     review. The Department finds that                      (Thailand) Co., Ltd. (Niran) and Niran
                                                  requirement could result in the                         fifteen companies, including mandatory                 Biochemical Limited (Niran
                                                  Secretary’s presumption that                            respondent Laiwu Taihe Biochemistry                    Biochemical) had no reviewable
                                                  reimbursement of the antidumping and/                   Co., Ltd. (Taihe), are part of the PRC-                transactions during the POR.3 We
                                                  or countervailing duties occurred and                   wide entity, and two companies had no                  received no comments concerning our
                                                  the subsequent assessment of double                     shipments of subject merchandise                       finding of no shipments by Niran and
                                                  antidumping duties.                                     during the POR. We gave interested                     Niran Biochemical. In these final results
                                                                                                          parties an opportunity to comment on                   of review, we continue to find that
                                                  Administrative Protective Order
                                                                                                          the Preliminary Results. No parties                    Niran and Niran Biochemical had no
                                                    This notice also serves as a reminder                                                                        shipments of subject merchandise
                                                  to parties subject to administrative                    commented. Our final results remain
                                                                                                          unchanged from the Preliminary                         during the POR.
                                                  protective order (APO) of their
                                                  responsibility concerning the return or                 Results.                                               Separate Rates
                                                  destruction of proprietary information                  DATES:   Effective June 14, 2017.                        The Department considers fifteen
                                                  disclosed under the APO in accordance                   FOR FURTHER INFORMATION CONTACT:                       companies listed in the Initiation
                                                  with 19 CFR 351.305(a)(3), which                        Krisha Hill, Office IV, Enforcement &                  Notice, including Taihe, to be part of the
                                                  continues to govern business                            Compliance, International Trade                        PRC-wide entity. Because Taihe did not
                                                  proprietary information in this segment                 Administration, Department of                          respond to the Department’s original
                                                  of the proceeding. Timely written                       Commerce, 1401 Constitution Avenue                     questionnaire and did not provide
                                                  notification of the return/destruction of               NW., Washington, DC 20230; telephone:                  separate rate information, Taihe has not
                                                  APO materials or conversion to judicial                 (202) 482–4037.                                        established its eligibility for separate
                                                  protective order is hereby requested.                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 rate status. Furthermore, the remaining
                                                  Failure to comply with the regulations                                                                         fourteen companies failed to provide
                                                  and terms of an APO is a violation                      Background                                             separate rate applications or separate
                                                  which is subject to sanction.                             On February 8, 2017, the Department                  rate certifications necessary to establish
                                                    We are issuing and publishing these                   published the Preliminary Results.1 We                 their eligibility for a separate rate.4
                                                  amended final results of administrative                 invited interested parties to submit                   Therefore, the Department determines
                                                  review in accordance with sections                      comments on the Preliminary Results,                   that these fifteen companies, including
                                                  751(a)(1) and 777(i) of the Act.                        but we received no comments.                           Taihe, are not eligible for a separate rate
                                                    Dated: June 7, 2017.                                                                                         and are part of the PRC-wide entity.
                                                                                                          Scope of the Order                                     Accordingly, the Department
                                                  Ronald K. Lorentzen,
                                                                                                             The products covered by the order                   determined a rate consistent with the
                                                  Acting Assistant Secretary for Enforcement
                                                  and Compliance.                                         include the hydrous and anhydrous                      Department’s current practice regarding
                                                                                                          forms of citric acid, the dihydrate and                conditional review of the PRC-wide
                                                  [FR Doc. 2017–12303 Filed 6–13–17; 8:45 am]
                                                                                                          anhydrous forms of sodium citrate,                     entity.5
                                                  BILLING CODE 3510–DS–P
                                                                                                          otherwise known as citric acid sodium
                                                                                                                                                                   2 See Citric Acid and Certain Citrate Salts from
                                                                                                          salt, and the monohydrate and
                                                                                                                                                                 Canada and the People’s Republic of China:
                                                  DEPARTMENT OF COMMERCE                                  monopotassium forms of potassium                       Antidumping Duty Orders, 74 FR 25703 (May 29,
                                                                                                          citrate. Sodium citrate also includes                  2009) for a full description of the scope of the order.
                                                  International Trade Administration                      both trisodium citrate and monosodium                    3 See Preliminary Results, 82 FR at 9722.
                                                                                                                                                                   4 See Initiation of Antidumping and
                                                  [A–570–937]                                             citrate, which are also known as citric
                                                                                                                                                                 Countervailing Duty Administrative Reviews, 81 FR
                                                                                                          acid trisodium salt and citric acid                    44260, 44265 (July 7, 2016) (Initiation Notice).
                                                  Citric Acid and Certain Citrate Salts                   monosodium salt, respectively. Citric                    5 See Preliminary Results and accompanying

                                                  From the People’s Republic of China:                    acid and sodium citrate are classifiable               Decision Memorandum at 4. See also Antidumping
                                                  Final Results of Antidumping Duty                       under 2918.14.0000 and 2918.15.1000 of                 Proceedings: Announcement of Change in
                                                                                                          the Harmonized Tariff Schedule of the                  Department Practice for Respondent Selection in
                                                  Administrative Review and Final                                                                                Antidumping Duty Proceedings and Conditional
mstockstill on DSK30JT082PROD with NOTICES




                                                  Determination of No Shipments; 2015–                    United States (HTSUS), respectively.                   Review of the Nonmarket Economy Entity in NME
                                                  2016                                                                                                           Antidumping Duty Proceedings, 78 FR 65963,
                                                                                                            1 See Citric Acid and Certain Citrate Salts From     65970 (November 4, 2013). Under this practice, the
                                                  AGENCY:  Enforcement and Compliance,                    the People’s Republic of China: Preliminary Results    PRC-wide entity will not be under review unless a
                                                  International Trade Administration,                     of Antidumping Duty Administrative Review,             party specifically requests, or the Department self-
                                                  Department of Commerce.                                 Preliminary Determination of No Shipments, and         initiates, a review of the entity. Because no party
                                                                                                          Preliminary Partial Rescission of Antidumping Duty     requested a review of the PRC-wide entity, the
                                                  SUMMARY: The Department of Commerce                     Administrative Review; 2015–2016, 82 FR 9722           entity is not under review and the entity’s rate is
                                                  (the Department) published the                          (February 8, 2017) (Preliminary Results).              not subject to change.



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Document Created: 2017-06-14 01:23:31
Document Modified: 2017-06-14 01:23:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective June 14, 2017.
ContactMandy Mallott, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202-482-6430.
FR Citation82 FR 27224 

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