Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of the 2008-2009 Antidumping Duty Administrative Review, 22871-22875 [2011-9964]
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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices
Changes Since the Preliminary Results
Based on the results of verification,
our consideration of information
submitted by USIMINAS/COSIPA and
the GOB in supplemental questionnaire
responses received subsequent to the
issuance of the Preliminary Results, and
our analysis of comments received, we
have made changes to the calculations
of the Preliminary Results and PostPreliminary Decision. These changes are
discussed in detail in the Issues and
Decision Memorandum, and the
Memorandum to the File from The
Team, Calculations for the Final Results:
Usinas Siderurgicas de Minas Gerais
S.A. and Companhia Siderugica Paulista
(USIMINAS/COSIPA), dated
concurrently with this notice, a public
version of which is on file in the CRU.
Final Results of Review
In accordance with section
751(a)(1)(A) of the Act and 19 CFR
351.221(b)(5), we calculated a net
subsidy for USIMINAS/COSIPA, the
only producer/exporter subject to this
review, of 0.46 percent ad valorem. This
rate is de minimis. See 19 CFR
351.106(c)(1).
jdjones on DSKHWCL6B1PROD with NOTICES
Assessment and Cash Deposit
Instructions
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the date of publication of these
final results of review. The Department
will instruct CBP to liquidate shipments
of subject merchandise by USIMINAS/
COSIPA entered, or withdrawn from
warehouse, for consumption on or after
January 1, 2008, through December 31,
2008, without regard to countervailing
duties. We will also instruct CBP to
collect cash deposits for USIMINAS/
COSIPA at the rate of 0.00 percent on
all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of these
final results of review. The cash deposit
rates for all companies not covered by
this review are not changed by the
results of this review.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
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with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
List of Issues Addressed in the Issues and
Decision Memorandum
Comment 1: Whether it is Appropriate to
Apply Adverse Facts Available to Find
the FINEM Loans Countervailable
Comment 2: Selection of an Appropriate
Benchmark for BNDES Loans
Comment 3: Calculation of FOB Sales Value
[FR Doc. 2011–9965 Filed 4–22–11; 8:45 am]
BILLING CODE 3510–DS–P
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 the 2008–2009
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 19, 2010, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the 2008–2009
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’’). See Certain New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Preliminary
Results of Antidumping Duty
Administrative Review, 75 FR 64259
(October 19, 2010) (‘‘Preliminary
Results’’). The period of review (‘‘POR’’)
is February 20, 2008, through August
31, 2009. This review covers six
exporters.
We invited interested parties to
comment on our Preliminary Results.
Based on our analysis of the comments
received, we made certain changes to
our margin calculations for the
individually examined respondent,
Hebei Starbright Tire Co., Ltd.
(‘‘Starbright’’). The final dumping
margins for this review are listed in the
‘‘Final Results Margins’’ section below.
DATES: Effective Date: April 25, 2011.
FOR FURTHER INFORMATION CONTACT:
Raquel Silva or Andrew Medley, AD/
AGENCY:
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CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–6475 and (202)
482–4987, respectively.
Background
On October 19, 2010, the Department
published its Preliminary Results of the
antidumping duty administrative review
of OTR tires from the PRC. On
November 3, 2010, Starbright submitted
its response to the Department’s postpreliminary supplemental questionnaire
regarding its factors of production
database. On November 5, 2010,
Starbright submitted its response to the
Department’s post-preliminary
supplemental questionnaire regarding
its indirect selling expense categories.
Titan Tire Corporation (‘‘Titan’’), the
petitioner, Bridgestone Americas
Holding, Inc. and subsidiary
Bridgestone Firestone North America
Tire, LLC (‘‘Bridgestone’’), the domestic
interested party, and Starbright each
submitted publicly available
information regarding surrogate values
on November 8, 2010. On November 18,
2010, both Titan and Bridgestone
requested hearings. On December 9,
2010, Starbright submitted its response
to the Department’s fifth supplemental
questionnaire. The Department verified
certain aspects of Starbright’s
questionnaire responses at GPX
International Tire Corporation (‘‘GPX’’),
Starbright’s U.S. sales affiliate, on
December 13, 2010, through December
15, 2010. On January 31, 2011, the
Department issued its verification
report.
On February 3, 2011, the Department
received Titan’s withdrawal of its
request for a hearing. On February 7,
2011, the Department received Titan’s
case brief and published an extension
for the issuance of its final results of the
review. See Certain New Pneumatic Offthe-Road Tires from the People’s
Republic of China: Notice of Extension
of Time Limit for the Final Results of the
2008–2009 Administrative Review of the
Antidumping Duty Order, 76 FR 6603
(February 7, 2011). On February 8, 2011,
the Department received both
Bridgestone’s and Starbright’s case
briefs. Bridgestone’s withdrawal of a
request for a hearing was submitted on
February 9, 2011. On February 14, 2011,
all parties submitted their rebuttal case
briefs.
On February 22, 2011, the Department
sent Starbright a letter regarding alleged
new factual information submitted in its
case brief. Starbright submitted its
response to the Department’s letter on
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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices
February 24, 2011. On March 18, 2011,
the Department published an additional
extension for the issuance of the final
results of the review. See Certain New
Pneumatic Off-the-Road Tires From the
People’s Republic of China: Notice of
Extension of Time Limit for the Final
Results of the 2008–2009 Administrative
Review of the Antidumping Duty Order,
76 FR 14906 (March 18, 2011).
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the
Memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, regarding, ‘‘Certain New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Issues and
Decision Memorandum for the Final
Results of the 2008–2009 First
Administrative Review of the
Antidumping Duty Order,’’ dated
concurrently with this notice (‘‘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 in the Central
Records Unit (‘‘CRU’’), Main Commerce
Building, Room 7046, and is also
accessible on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Period of Review
The POR is February 20, 2008,
through August 31, 2009.
jdjones on DSKHWCL6B1PROD with NOTICES
Scope of the Order
The products covered by the order are
new pneumatic tires designed for offthe-road and off-highway use, subject to
exceptions identified below. Certain
OTR tires are generally designed,
manufactured and offered for sale for
use on off-road or off-highway surfaces,
including but not limited to, agricultural
fields, forests, construction sites, factory
and warehouse interiors, airport
tarmacs, ports and harbors, mines,
quarries, gravel yards, and steel mills.
The vehicles and equipment for which
certain OTR tires are designed for use
include, but are not limited to: (1)
Agricultural and forestry vehicles and
equipment, including agricultural
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tractors,1 combine harvesters,2
agricultural high clearance sprayers,3
industrial tractors,4 log-skidders,5
agricultural implements, highwaytowed implements, agricultural logging,
and agricultural, industrial, skid-steers/
mini-loaders; 6 (2) construction vehicles
and equipment, including earthmover
articulated dump products, rigid frame
haul trucks,7 front end loaders,8 dozers,9
lift trucks, straddle carriers,10 graders,11
mobile cranes,12 compactors; and (3)
industrial vehicles and equipment,
including smooth floor, industrial,
mining, counterbalanced lift trucks,
industrial and mining vehicles other
than smooth floor, skid-steers/miniloaders, and smooth floor off-the-road
counterbalanced lift trucks. The
foregoing list of vehicles and equipment
generally have in common that they are
1 Agricultural tractors are dual-axle vehicles that
typically are designed to pull farming equipment in
the field and that may have front tires of a different
size than the rear tires.
2 Combine harvesters are used to harvest crops
such as corn or wheat.
3 Agricultural sprayers are used to irrigate
agricultural fields.
4 Industrial tractors are dual-axle vehicles that
typically are designed to pull industrial equipment
and that may have front tires of a different size than
the rear tires.
5 A log-skidder has a grappling lift arm that is
used to grasp, lift and move trees that have been
cut down to a truck or trailer for transport to a mill
or other destination.
6 Skid-steer loaders are four-wheel drive vehicles
with the left-side drive wheels independent of the
right-side drive wheels and lift arms that lie
alongside the driver with the major pivot points
behind the driver’s shoulders. Skid-steer loaders are
used in agricultural, construction and industrial
settings.
7 Haul trucks, which may be either rigid frame or
articulated (i.e., able to bend in the middle) are
typically used in mines, quarries and construction
sites to haul soil, aggregate, mined ore, or debris.
8 Front loaders have lift arms in front of the
vehicle. They can scrape material from one location
to another, carry material in their buckets, or load
material into a truck or trailer.
9 A dozer is a large four-wheeled vehicle with a
dozer blade that is used to push large quantities of
soil, sand, rubble, etc., typically around
construction sites. They can also be used to perform
‘‘rough grading’’ in road construction.
10 A straddle carrier is a rigid frame, enginepowered machine that is used to load and offload
containers from container vessels and load them
onto (or off of) tractor trailers.
11 A grader is a vehicle with a large blade used
to create a flat surface. Graders are typically used
to perform ‘‘finish grading.’’ Graders are commonly
used in maintenance of unpaved roads and road
construction to prepare the base course on to which
asphalt or other paving material will be laid.
12 A counterbalanced lift truck is a rigid framed,
engine-powered machine with lift arms that has
additional weight incorporated into the back of the
machine to offset or counterbalance the weight of
loads that it lifts so as to prevent the vehicle from
overturning. An example of a counterbalanced lift
truck is a counterbalanced fork lift truck.
Counterbalanced lift trucks may be designed for use
on smooth floor surfaces, such as a factory or
warehouse, or other surfaces, such as construction
sites, mines, etc.
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used for hauling, towing, lifting, and/or
loading a wide variety of equipment and
materials in agricultural, construction
and industrial settings. Such vehicles
and equipment, and the descriptions
contained in the footnotes are
illustrative of the types of vehicles and
equipment that use certain OTR tires,
but are not necessarily all-inclusive.
While the physical characteristics of
certain OTR tires will vary depending
on the specific applications and
conditions for which the tires are
designed (e.g., tread pattern and depth),
all of the tires within the scope have in
common that they are designed for offroad and off-highway use. Except as
discussed below, OTR tires included in
the scope of the order range in size (rim
diameter) generally but not exclusively
from 8 inches to 54 inches. The tires
may be either tube-type 13 or tubeless,
radial or non-radial, and intended for
sale either to original equipment
manufacturers or the replacement
market. The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. While
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope is
dispositive.
Specifically excluded from the scope
are new pneumatic tires designed,
manufactured and offered for sale
primarily for on-highway or on-road
use, including passenger cars, race cars,
station wagons, sport utility vehicles,
minivans, mobile homes, motorcycles,
bicycles, on-road or on-highway trailers,
light trucks, and trucks and buses. Such
tires generally have in common that the
symbol ‘‘DOT’’ must appear on the
sidewall, certifying that the tire
conforms to applicable motor vehicle
safety standards. Such excluded tires
may also have the following
designations that are used by the Tire
and Rim Association:
Prefix letter designations:
• P—Identifies a tire intended
primarily for service on passenger cars;
• LT—Identifies a tire intended
primarily for service on light trucks;
and,
13 While tube-type tires are subject to the scope
of this proceeding, tubes and flaps are not subject
merchandise and therefore are not covered by the
scope of this proceeding, regardless of the manner
in which they are sold (e.g., sold with or separately
from subject merchandise).
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• ST—Identifies a special tire for
trailers in highway service.
Suffix letter designations:
• TR—Identifies a tire for service on
trucks, buses, and other vehicles with
rims having specified rim diameter of
nominal plus 0.156″ or plus 0.250″;
• MH—Identifies tires for Mobile
Homes;
• HC—Identifies a heavy duty tire
designated for use on ‘‘HC’’ 15″ tapered
rims used on trucks, buses, and other
vehicles. This suffix is intended to
differentiate among tires for light trucks,
and other vehicles or other services,
which use a similar designation.
• Example: 8R17.5 LT, 8R17.5 HC;
• LT—Identifies light truck tires for
service on trucks, buses, trailers, and
multipurpose passenger vehicles used
in nominal highway service; and
• MC—Identifies tires and rims for
motorcycles.
The following types of tires are also
excluded from the scope: pneumatic
tires that are not new, including
recycled or retreaded tires and used
tires; non-pneumatic tires, including
solid rubber tires; tires of a kind
designed for use on aircraft, all-terrain
vehicles, and vehicles for turf, lawn and
garden, golf and trailer applications.
Also excluded from the scope are radial
and bias tires of a kind designed for use
in mining and construction vehicles and
equipment that have a rim diameter
equal to or exceeding 39 inches. Such
tires may be distinguished from other
tires of similar size by the number of
plies that the construction and mining
tires contain (minimum of 16) and the
weight of such tires (minimum 1500
pounds).
jdjones on DSKHWCL6B1PROD with NOTICES
Separate Rates
In proceedings involving NME
countries, the Department begins with a
rebuttable presumption that all
companies within the country are
subject to government control and, thus,
should be assigned a single
antidumping duty deposit rate. It is the
Department’s policy to assign all
exporters of merchandise subject to an
investigation in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate. See Final Determination of
Sales at Less Than Fair Value: Sparklers
from the People’s Republic of China, 56
FR 20588 (May 6, 1991) (‘‘Sparklers’’), as
amplified by Notice of Final
Determination of Sales at Less Than
Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585
(May 2, 1994) (‘‘Silicon Carbide’’), and
19 CFR 351.107(d).
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In the Preliminary Results, we found
that Starbright and the separate-rate
respondents, Hangzhou Zhongce Rubber
Co., Ltd. (‘‘Hangzhou Zhongce’’), KS
Holding Limited/KS Resources Limited
(‘‘KS Ltd.’’), Laizhou Xiongying Rubber
Industry Co., Ltd. (‘‘Laizhou
Xiongying’’), Qingdao Taifa Group Co.,
Ltd. (‘‘Qingdao Taifa’’), and Weihai
Zhongwei Rubber Co., Ltd. (‘‘Weihai
Zhongwei’’), demonstrated their
eligibility for separate-rate status. See
Preliminary Results, 75 FR at 64261–62.
As stated in the Preliminary Results,
Starbright and KS Ltd. reported that
they are wholly foreign-owned, and
therefore, consistent with the
Department’s practice, a further separate
rate analysis was not necessary to
determine whether Starbright’s and KS
Ltd.’s export activities were
independent from government control,
and we preliminarily granted a separate
rate to Starbright and KS Ltd.14 For the
final results, we continue to find that
Starbright and KS Ltd. are eligible for
separate rate status. For the final results,
we also continue to find that the
evidence placed on the record of this
review by Hangzhou Zhongce, Laizhou
Xiongying, Qingdao Taifa, and Weihai
Zhongwei demonstrates both a de jure
and de facto absence of government
control, with respect to their respective
exports of the merchandise under
review, and, thus are eligible for
separate-rate status. See Preliminary
Results, 75 FR at 64262.
Margin for the Separate Rate
Companies
As discussed above, the Department
continues to find that Hangzhou
Zhongce, KS Ltd., Laizhou Xiongying,
Qingdao Taifa, and Weihai Zhongwei
have demonstrated their eligibility for a
separate rate. For the exporters subject
to a review that are determined to be
eligible for separate rate status, but are
not selected as individually examined
respondents, the Department generally
weight-averages the rates calculated for
the individually examined respondents,
excluding any rates that are zero, de
minimis, or based entirely on facts
available.15 Consistent with the
14 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Creatine Monohydrate
from the People’s Republic of China, 64 FR 71104,
71104–05 (December 20, 1999) (where the
respondent was wholly foreign-owned and, thus,
qualified for a separate rate).
15 See, e.g., Wooden Bedroom Furniture From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review,
Preliminary Results of New Shipper Review and
Partial Rescission of Administrative Review, 73 FR
8273, 8279 (February 13, 2008) (unchanged in
Wooden Bedroom Furniture from the People’s
Republic of China: Final Results of Antidumping
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Department’s practice, as the separate
rate, we have established a margin for
Hangzhou Zhongce, KS Ltd., Laizhou
Xiongying, Qingdao Taifa, and Weihai
Zhongwei based on the rate we
calculated for the individually
examined respondent, Starbright.
Changes Since the Preliminary Results
Based on an analysis of the comments
received, the Department has made
certain changes to the margin
calculations. For the final results, the
Department has made the following
changes to Starbright’s Margin
Calculation:
• Invoices: Invoice numbers,
customer codes and payment terms have
been revised for two invoices in the U.S.
sales database. See Memorandum titled
‘‘Analysis Memorandum for the Final
Results: Hebei Starbright Tire Co., Ltd.
(‘‘Final Analysis Memorandum’’), dated
concurrently with this notice. See also
Memorandum titled ‘‘First
Administrative Review of Certain New
Pneumatic Off-the-Road Tires (‘‘OTR
Tires’’) from the People’s Republic of
China (‘‘PRC’’)—Verification of the Sales
Information of Hebei Starbright Tire Co.,
Ltd. and its U.S. Affiliate GPX
International Tire Corp.,’’ dated January
31, 2011 (‘‘Verification Report’’).
• Set Adjustments: Set adjustments
have been applied to multiple sales in
the U.S. sales database. See Final
Analysis Memorandum. See also
Verification Report.
• U.S. Inland Freight from Warehouse
to Customer: For the final results, we
have revised the adjustment regarding
U.S. inland freight from warehouse to
customer. See Final Analysis
Memorandum. See also Verification
Report.
• Rebate Adjustments: Regarding
rebate adjustments, we have: eliminated
the reliance upon facts available with
adverse inference under sections
776(a)(1), 776(a)(2)(B), and 776(b) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), used in the Preliminary Results
and, in its place, applied a rebate
adjustment to the 2009 sales of multiple
customers; and modified the rebate
adjustment for one customer’s 2008
sales. See Comment 4 of the Issues and
Decision Memorandum. See also Final
Analysis Memorandum and Verification
Report.
• Credit: Regarding credit
adjustments, we have: revised the
adjustments to account for revisions to
the above-mentioned rebate
adjustments; and revised the average
interest rate used to calculate credit
Duty Administrative Review and New Shipper
Review, 73 FR 49162 (August 20, 2008)).
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adjustments. Regarding the sales for
which Starbright was not able to report
a payment date, we have used partial
facts available in accordance with
sections 776(a)(1) and 776(a)(2)(B) of the
Act. See Comment 4 of the Issues and
Decision Memorandum. See also Final
Analysis Memorandum. See also
Verification Report.
• Inventory Carrying Costs: We have
modified the average number of days in
inventory used to calculate the
adjustment for inventory carrying costs.
See Comment 4 of the Issues and
Decision Memorandum. See also Final
Analysis Memorandum and Verification
Report.
• Indirect Selling Expenses:
Regarding indirect selling expenses, we
have: included two additional indirect
selling accounts; and modified our
calculation to more comprehensively
capture all of GPX’s indirect selling
expenses attributable to the sales of
subject merchandise. See Comments 2
and 3 of the Issues and Decision
Memorandum. See also Final Analysis
Memorandum.
• Indirect Labor: After the
Preliminary Results, Starbright
submitted data regarding its use of
supervisory and quality control labor.
For the final results we have added the
new supervisory and quality control
indirect labor usage to the original
indirect labor usage for a new total
indirect labor usage. See Comment 5 of
the Issues and Decision Memorandum.
See also Final Analysis Memorandum.
• Non-production Electricity: For the
final results, we are removing electricity
consumed by Starbright in its energy
department and supporting department
from our calculations of energy
consumed for production. See Comment
6 of the Issues and Decision
Memorandum. See also Final Analysis
Memorandum.
• Brokerage and Handling: For the
final results, we are no longer deflating
brokerage and handling costs. See
Comment 9 of the Issues and Decision
Memorandum. See also Final Analysis
Memorandum and Memorandum titled
‘‘Preliminary Results of the
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
October 7, 2010 (‘‘Surrogate Value
Memorandum’’).
• Adjustments to Surrogate Financial
Ratios: For the final results, in Goodyear
India Limited’s financial statement we
have: excluded a portion of ‘‘Liabilities/
Provision no longer required written
back’’; reclassified ‘‘Retirement
Gratuities’’ as manufacturing overhead;
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and corrected two clerical errors. See
Comments 7 and 11 of the Issues and
Decision Memorandum. See also
Surrogate Value Memorandum.
• Rubber Softener (RSOFT): We have
applied a daily exchange rate based on
the date of sale to the surrogate value for
RSOFT. See Comment 10 of the Issues
and Decision Memorandum. See also
Final Analysis Memorandum.
• Export Subsidy Adjustment: Section
772(c)(1)(C) of the Act unconditionally
states that U.S. price ‘‘shall be increased
by the amount of any countervailing
duty imposed on the subject
merchandise * * * to offset an export
subsidy’’.16 The Department determined
in its final results of the companion
countervailing duty administrative
review that Starbright’s merchandise
benefited from export subsidies.17
Therefore, we have increased
Starbright’s U.S. price for countervailing
duties imposed attributable to export
subsidies, where appropriate. See Final
Analysis Memorandum.
Adverse Facts Available
Sections 776(a)(1) and (2) of the Act
provide that the Department shall apply
‘‘facts otherwise available’’ if, inter alia,
necessary information is not on the
record or an interested party or any
other person: (A) withholds information
that has been requested; (B) fails to
provide information within the
deadlines established, or in the form
and manner requested by the
Department, subject to subsections (c)(1)
and (e) of section 782 of the Act; (C)
significantly impedes a proceeding; or
(D) provides information that cannot be
verified as provided by section 782(i) of
the Act.
Where the Department determines
that a response to a request for
information does not comply with the
request, section 782(d) of the Act
provides that the Department will so
inform the party submitting the
response and will, to the extent
practicable, provide that party the
opportunity to remedy or explain the
deficiency. If the party fails to remedy
the deficiency within the applicable
time limits and subject to section 782(e)
of the Act, the Department may
disregard all or part of the original and
subsequent responses, as appropriate.
Section 782(e) of the Act provides that
16 See,
e.g., Carbazole Violet Pigment 23 from
India: Final Results of Antidumping Duty
Administrative Review, 75 FR 38076, 38077 (July 1,
2010), and accompanying Issues and Decision
Memorandum at Comment 1.
17 See New Pneumatic Off-the-Road Tires From
the People’s Republic of China: Final Results of
Countervailing Duty Administrative Review, dated
concurrently with this notice.
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Sfmt 4703
the Department ‘‘shall not decline to
consider information that is submitted
by an interested party and is necessary
to the determination but does not meet
all applicable requirements established
by the administering authority’’ if the
information is timely, can be verified, is
not so incomplete that it cannot be used,
and if the interested party acted to the
best of its ability in providing the
information. Where all of these
conditions are met, the statute requires
the Department to use the information if
it can do so without undue difficulties.
Section 776(b) of the Act further
provides that the Department may use
an adverse inference in applying the
facts otherwise available when a party
has failed to cooperate by not acting to
the best of its ability to comply with a
request for information. Section 776(b)
of the Act also authorizes the
Department to use as adverse facts
available (‘‘AFA’’) information derived
from the petition, the final
determination, a previous
administrative review, or other
information placed on the record.
For the Preliminary Results, the
Department applied partial AFA to a
number of products with unreported
factors of production. See Preliminary
Results, 75 FR at 64265–66. No parties
have commented on this issue since that
time, and the record regarding the
products in question remains the same.
For this reason, we determine that, in
accordance with sections 776(a)(1),
776(a)(2)(B), 776(a)(2)(C), and 776(b) of
the Act, continued use of partial AFA is
appropriate for the final results with
respect to Starbright. See Final Analysis
Memo.
Final Results Margins
We determine that the following
weighted-average dumping margins
exist for the period February 20, 2008,
through August 31, 2009:
OTR TIRES FROM THE PRC
Exporter
Hebei Starbright Tire Co., Ltd ....
Hangzhou Zhongce Rubber Co.,
Ltd ...........................................
KS Holding Limited/KS Resources Limited .......................
Laizhou Xiongying Rubber Industry Co., Ltd ........................
Qingdao Taifa Group Co., Ltd ....
Weihai Zhongwei Rubber Co.,
Ltd ...........................................
E:\FR\FM\25APN1.SGM
25APN1
Weightedaverage
margin
(percent)
28.97
28.97
28.97
28.97
28.97
28.97
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices
jdjones on DSKHWCL6B1PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. For
assessment purposes, we calculated
importer (or customer)-specific
assessment rates for merchandise
subject to this review. Where
appropriate, we calculated an ad
valorem rate for each importer (or
customer) by dividing the total dumping
margins for reviewed sales to that party
by the total entered values associated
with those transactions. For dutyassessment rates calculated on this
basis, we will direct CBP to assess the
resulting ad valorem rate against the
entered customs values for the subject
merchandise. Where appropriate, we
calculated a per-unit rate for each
importer (or customer) by dividing the
total dumping margins for reviewed
sales to that party by the total sales
quantity associated with those
transactions. For duty-assessment rates
calculated on this basis, we will direct
CBP to assess the resulting per-unit rate
against the entered quantity of the
subject merchandise. Where an importer
(or customer)-specific assessment rate is
de minimis (i.e., less than 0.50 percent),
the Department will instruct CBP to
assess that importer (or customer’s)
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
We intend to instruct CBP to liquidate
entries containing subject merchandise
exported by the PRC-wide entity at the
PRC-wide rate of 210.48 percent. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For
Starbright,18 Hangzhou Zhongce, KS
Ltd., Laizhou Xiongying, Qingdao Taifa,
and Weihai Zhongwei, the cash deposit
18 While the instant review covered Starbright as
the exporter, the draft cash deposit instructions
released with the Preliminary Results inadvertently
identified ‘‘Hebei Starbright Co., Ltd./GPX
International Co., Ltd.’’ as the exporter. We have
corrected the cash deposit instructions to identify
only Starbright as the exporter.
VerDate Mar<15>2010
15:21 Apr 22, 2011
Jkt 223001
rate will be the margins listed above; (2)
for previously investigated or reviewed
PRC and non-PRC exporters not listed
above that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (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 210.48 percent
determined in the less-than-fair-value
investigation; 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 that
supplied that non-PRC exporter. These
deposit requirements shall remain in
effect until further notice.
Notification to Importers
This notice also 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 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
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.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
22875
Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
Comment 1: Whether to Treat Certain Inputs
as Manufacturing Overhead or FOPs
Comment 2: Treatment of WarehousingRelated Expenses
Comment 3: Calculation of ISE Ratio
Comment 4: Whether to Make Certain
Changes Based on Verification Findings
Comment 5: Treatment of Supervisory and
Quality Control Labor
Comment 6: Calculation of Starbright’s
Electricity Consumption
Comment 7: Correction of Alleged Ministerial
Errors
Comment 8: Valuation of Wage Rate
Comment 9: Valuation of Brokerage and
Handling
Comment 10: Valuation of RSOFT
Comment 11: Selection and Calculation of
Financial Ratios
Comment 12: Whether to Grant MOE
Treatment
Comment 13: Double Remedies
Comment 14: Zeroing
[FR Doc. 2011–9964 Filed 4–22–11; 8:45 am]
BILLING CODE 3510–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA355
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; General
Provisions for Domestic Fisheries;
Application for Exempted Fishing
Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator), has made a
preliminary determination that an
Exempted Fishing Permit (EFP)
application contains all of the required
information and warrants further
consideration. This EFP application
would exempt commercial fishing
vessels from the following Federal
American lobster regulations: Trap
escape vent requirements to allow 12
federally permitted commercial fishing
vessels to utilize a maximum of 500
ventless traps to collect scientific
information on American lobsters,
including juveniles, in Lobster
Conservation Management Areas
(LCMAs) 3, 4, and 5 from June through
SUMMARY:
E:\FR\FM\25APN1.SGM
25APN1
]]>Agencies
[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Pages 22871-22875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9964]
-----------------------------------------------------------------------
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 the 2008-2009 Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 19, 2010, the Department of Commerce
(``Department'') published the preliminary results of the 2008-2009
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''). See Certain New Pneumatic Off-the-Road Tires from
the People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 75 FR 64259 (October 19, 2010) (``Preliminary
Results''). The period of review (``POR'') is February 20, 2008,
through August 31, 2009. This review covers six exporters.
We invited interested parties to comment on our Preliminary
Results. Based on our analysis of the comments received, we made
certain changes to our margin calculations for the individually
examined respondent, Hebei Starbright Tire Co., Ltd. (``Starbright'').
The final dumping margins for this review are listed in the ``Final
Results Margins'' section below.
DATES: Effective Date: April 25, 2011.
FOR FURTHER INFORMATION CONTACT: Raquel Silva or Andrew Medley, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
6475 and (202) 482-4987, respectively.
Background
On October 19, 2010, the Department published its Preliminary
Results of the antidumping duty administrative review of OTR tires from
the PRC. On November 3, 2010, Starbright submitted its response to the
Department's post-preliminary supplemental questionnaire regarding its
factors of production database. On November 5, 2010, Starbright
submitted its response to the Department's post-preliminary
supplemental questionnaire regarding its indirect selling expense
categories.
Titan Tire Corporation (``Titan''), the petitioner, Bridgestone
Americas Holding, Inc. and subsidiary Bridgestone Firestone North
America Tire, LLC (``Bridgestone''), the domestic interested party, and
Starbright each submitted publicly available information regarding
surrogate values on November 8, 2010. On November 18, 2010, both Titan
and Bridgestone requested hearings. On December 9, 2010, Starbright
submitted its response to the Department's fifth supplemental
questionnaire. The Department verified certain aspects of Starbright's
questionnaire responses at GPX International Tire Corporation
(``GPX''), Starbright's U.S. sales affiliate, on December 13, 2010,
through December 15, 2010. On January 31, 2011, the Department issued
its verification report.
On February 3, 2011, the Department received Titan's withdrawal of
its request for a hearing. On February 7, 2011, the Department received
Titan's case brief and published an extension for the issuance of its
final results of the review. See Certain New Pneumatic Off-the-Road
Tires from the People's Republic of China: Notice of Extension of Time
Limit for the Final Results of the 2008-2009 Administrative Review of
the Antidumping Duty Order, 76 FR 6603 (February 7, 2011). On February
8, 2011, the Department received both Bridgestone's and Starbright's
case briefs. Bridgestone's withdrawal of a request for a hearing was
submitted on February 9, 2011. On February 14, 2011, all parties
submitted their rebuttal case briefs.
On February 22, 2011, the Department sent Starbright a letter
regarding alleged new factual information submitted in its case brief.
Starbright submitted its response to the Department's letter on
[[Page 22872]]
February 24, 2011. On March 18, 2011, the Department published an
additional extension for the issuance of the final results of the
review. See Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Notice of Extension of Time Limit for the Final
Results of the 2008-2009 Administrative Review of the Antidumping Duty
Order, 76 FR 14906 (March 18, 2011).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, regarding, ``Certain New Pneumatic Off-the-Road
Tires from the People's Republic of China: Issues and Decision
Memorandum for the Final Results of the 2008-2009 First Administrative
Review of the Antidumping Duty Order,'' dated concurrently with this
notice (``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 in the Central Records Unit (``CRU''), Main Commerce
Building, Room 7046, and is also accessible on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Period of Review
The POR is February 20, 2008, through August 31, 2009.
Scope of the Order
The products covered by the order are new pneumatic tires designed
for off-the-road and off-highway use, subject to exceptions identified
below. Certain OTR tires are generally designed, manufactured and
offered for sale for use on off-road or off-highway surfaces, including
but not limited to, agricultural fields, forests, construction sites,
factory and warehouse interiors, airport tarmacs, ports and harbors,
mines, quarries, gravel yards, and steel mills. The vehicles and
equipment for which certain OTR tires are designed for use include, but
are not limited to: (1) Agricultural and forestry vehicles and
equipment, including agricultural tractors,\1\ combine harvesters,\2\
agricultural high clearance sprayers,\3\ industrial tractors,\4\ log-
skidders,\5\ agricultural implements, highway-towed implements,
agricultural logging, and agricultural, industrial, skid-steers/mini-
loaders; \6\ (2) construction vehicles and equipment, including
earthmover articulated dump products, rigid frame haul trucks,\7\ front
end loaders,\8\ dozers,\9\ lift trucks, straddle carriers,\10\
graders,\11\ mobile cranes,\12\ compactors; and (3) industrial vehicles
and equipment, including smooth floor, industrial, mining,
counterbalanced lift trucks, industrial and mining vehicles other than
smooth floor, skid-steers/mini-loaders, and smooth floor off-the-road
counterbalanced lift trucks. The foregoing list of vehicles and
equipment generally have in common that they are used for hauling,
towing, lifting, and/or loading a wide variety of equipment and
materials in agricultural, construction and industrial settings. Such
vehicles and equipment, and the descriptions contained in the footnotes
are illustrative of the types of vehicles and equipment that use
certain OTR tires, but are not necessarily all-inclusive. While the
physical characteristics of certain OTR tires will vary depending on
the specific applications and conditions for which the tires are
designed (e.g., tread pattern and depth), all of the tires within the
scope have in common that they are designed for off-road and off-
highway use. Except as discussed below, OTR tires included in the scope
of the order range in size (rim diameter) generally but not exclusively
from 8 inches to 54 inches. The tires may be either tube-type \13\ or
tubeless, radial or non-radial, and intended for sale either to
original equipment manufacturers or the replacement market. The subject
merchandise is currently classifiable under Harmonized Tariff Schedule
of the United States (``HTSUS'') subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30, 4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00, 4011.69.00.00, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00, 4011.94.40.00, and 4011.94.80.00. While
HTSUS subheadings are provided for convenience and customs purposes,
our written description of the scope is dispositive.
---------------------------------------------------------------------------
\1\ Agricultural tractors are dual-axle vehicles that typically
are designed to pull farming equipment in the field and that may
have front tires of a different size than the rear tires.
\2\ Combine harvesters are used to harvest crops such as corn or
wheat.
\3\ Agricultural sprayers are used to irrigate agricultural
fields.
\4\ Industrial tractors are dual-axle vehicles that typically
are designed to pull industrial equipment and that may have front
tires of a different size than the rear tires.
\5\ A log-skidder has a grappling lift arm that is used to
grasp, lift and move trees that have been cut down to a truck or
trailer for transport to a mill or other destination.
\6\ Skid-steer loaders are four-wheel drive vehicles with the
left-side drive wheels independent of the right-side drive wheels
and lift arms that lie alongside the driver with the major pivot
points behind the driver's shoulders. Skid-steer loaders are used in
agricultural, construction and industrial settings.
\7\ Haul trucks, which may be either rigid frame or articulated
(i.e., able to bend in the middle) are typically used in mines,
quarries and construction sites to haul soil, aggregate, mined ore,
or debris.
\8\ Front loaders have lift arms in front of the vehicle. They
can scrape material from one location to another, carry material in
their buckets, or load material into a truck or trailer.
\9\ A dozer is a large four-wheeled vehicle with a dozer blade
that is used to push large quantities of soil, sand, rubble, etc.,
typically around construction sites. They can also be used to
perform ``rough grading'' in road construction.
\10\ A straddle carrier is a rigid frame, engine-powered machine
that is used to load and offload containers from container vessels
and load them onto (or off of) tractor trailers.
\11\ A grader is a vehicle with a large blade used to create a
flat surface. Graders are typically used to perform ``finish
grading.'' Graders are commonly used in maintenance of unpaved roads
and road construction to prepare the base course on to which asphalt
or other paving material will be laid.
\12\ A counterbalanced lift truck is a rigid framed, engine-
powered machine with lift arms that has additional weight
incorporated into the back of the machine to offset or
counterbalance the weight of loads that it lifts so as to prevent
the vehicle from overturning. An example of a counterbalanced lift
truck is a counterbalanced fork lift truck. Counterbalanced lift
trucks may be designed for use on smooth floor surfaces, such as a
factory or warehouse, or other surfaces, such as construction sites,
mines, etc.
\13\ While tube-type tires are subject to the scope of this
proceeding, tubes and flaps are not subject merchandise and
therefore are not covered by the scope of this proceeding,
regardless of the manner in which they are sold (e.g., sold with or
separately from subject merchandise).
---------------------------------------------------------------------------
Specifically excluded from the scope are new pneumatic tires
designed, manufactured and offered for sale primarily for on-highway or
on-road use, including passenger cars, race cars, station wagons, sport
utility vehicles, minivans, mobile homes, motorcycles, bicycles, on-
road or on-highway trailers, light trucks, and trucks and buses. Such
tires generally have in common that the symbol ``DOT'' must appear on
the sidewall, certifying that the tire conforms to applicable motor
vehicle safety standards. Such excluded tires may also have the
following designations that are used by the Tire and Rim Association:
Prefix letter designations:
P--Identifies a tire intended primarily for service on
passenger cars;
LT--Identifies a tire intended primarily for service on
light trucks; and,
[[Page 22873]]
ST--Identifies a special tire for trailers in highway
service.
Suffix letter designations:
TR--Identifies a tire for service on trucks, buses, and
other vehicles with rims having specified rim diameter of nominal plus
0.156'' or plus 0.250'';
MH--Identifies tires for Mobile Homes;
HC--Identifies a heavy duty tire designated for use on
``HC'' 15'' tapered rims used on trucks, buses, and other vehicles.
This suffix is intended to differentiate among tires for light trucks,
and other vehicles or other services, which use a similar designation.
Example: 8R17.5 LT, 8R17.5 HC;
LT--Identifies light truck tires for service on trucks,
buses, trailers, and multipurpose passenger vehicles used in nominal
highway service; and
MC--Identifies tires and rims for motorcycles.
The following types of tires are also excluded from the scope:
pneumatic tires that are not new, including recycled or retreaded tires
and used tires; non-pneumatic tires, including solid rubber tires;
tires of a kind designed for use on aircraft, all-terrain vehicles, and
vehicles for turf, lawn and garden, golf and trailer applications. Also
excluded from the scope are radial and bias tires of a kind designed
for use in mining and construction vehicles and equipment that have a
rim diameter equal to or exceeding 39 inches. Such tires may be
distinguished from other tires of similar size by the number of plies
that the construction and mining tires contain (minimum of 16) and the
weight of such tires (minimum 1500 pounds).
Separate Rates
In proceedings involving NME countries, the Department begins with
a rebuttable presumption that all companies within the country are
subject to government control and, thus, should be assigned a single
antidumping duty deposit rate. It is the Department's policy to assign
all exporters of merchandise subject to an investigation in an NME
country this single rate unless an exporter can demonstrate that it is
sufficiently independent so as to be entitled to a separate rate. See
Final Determination of Sales at Less Than Fair Value: Sparklers from
the People's Republic of China, 56 FR 20588 (May 6, 1991)
(``Sparklers''), as amplified by Notice of Final Determination of Sales
at Less Than Fair Value: Silicon Carbide from the People's Republic of
China, 59 FR 22585 (May 2, 1994) (``Silicon Carbide''), and 19 CFR
351.107(d).
In the Preliminary Results, we found that Starbright and the
separate-rate respondents, Hangzhou Zhongce Rubber Co., Ltd.
(``Hangzhou Zhongce''), KS Holding Limited/KS Resources Limited (``KS
Ltd.''), Laizhou Xiongying Rubber Industry Co., Ltd. (``Laizhou
Xiongying''), Qingdao Taifa Group Co., Ltd. (``Qingdao Taifa''), and
Weihai Zhongwei Rubber Co., Ltd. (``Weihai Zhongwei''), demonstrated
their eligibility for separate-rate status. See Preliminary Results, 75
FR at 64261-62. As stated in the Preliminary Results, Starbright and KS
Ltd. reported that they are wholly foreign-owned, and therefore,
consistent with the Department's practice, a further separate rate
analysis was not necessary to determine whether Starbright's and KS
Ltd.'s export activities were independent from government control, and
we preliminarily granted a separate rate to Starbright and KS Ltd.\14\
For the final results, we continue to find that Starbright and KS Ltd.
are eligible for separate rate status. For the final results, we also
continue to find that the evidence placed on the record of this review
by Hangzhou Zhongce, Laizhou Xiongying, Qingdao Taifa, and Weihai
Zhongwei demonstrates both a de jure and de facto absence of government
control, with respect to their respective exports of the merchandise
under review, and, thus are eligible for separate-rate status. See
Preliminary Results, 75 FR at 64262.
---------------------------------------------------------------------------
\14\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Creatine Monohydrate from the People's Republic of
China, 64 FR 71104, 71104-05 (December 20, 1999) (where the
respondent was wholly foreign-owned and, thus, qualified for a
separate rate).
---------------------------------------------------------------------------
Margin for the Separate Rate Companies
As discussed above, the Department continues to find that Hangzhou
Zhongce, KS Ltd., Laizhou Xiongying, Qingdao Taifa, and Weihai Zhongwei
have demonstrated their eligibility for a separate rate. For the
exporters subject to a review that are determined to be eligible for
separate rate status, but are not selected as individually examined
respondents, the Department generally weight-averages the rates
calculated for the individually examined respondents, excluding any
rates that are zero, de minimis, or based entirely on facts
available.\15\ Consistent with the Department's practice, as the
separate rate, we have established a margin for Hangzhou Zhongce, KS
Ltd., Laizhou Xiongying, Qingdao Taifa, and Weihai Zhongwei based on
the rate we calculated for the individually examined respondent,
Starbright.
---------------------------------------------------------------------------
\15\ See, e.g., Wooden Bedroom Furniture From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Results of New Shipper Review and
Partial Rescission of Administrative Review, 73 FR 8273, 8279
(February 13, 2008) (unchanged in Wooden Bedroom Furniture from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and New Shipper Review, 73 FR 49162 (August
20, 2008)).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made certain changes to the margin calculations. For the final results,
the Department has made the following changes to Starbright's Margin
Calculation:
Invoices: Invoice numbers, customer codes and payment
terms have been revised for two invoices in the U.S. sales database.
See Memorandum titled ``Analysis Memorandum for the Final Results:
Hebei Starbright Tire Co., Ltd. (``Final Analysis Memorandum''), dated
concurrently with this notice. See also Memorandum titled ``First
Administrative Review of Certain New Pneumatic Off-the-Road Tires
(``OTR Tires'') from the People's Republic of China (``PRC'')--
Verification of the Sales Information of Hebei Starbright Tire Co.,
Ltd. and its U.S. Affiliate GPX International Tire Corp.,'' dated
January 31, 2011 (``Verification Report'').
Set Adjustments: Set adjustments have been applied to
multiple sales in the U.S. sales database. See Final Analysis
Memorandum. See also Verification Report.
U.S. Inland Freight from Warehouse to Customer: For the
final results, we have revised the adjustment regarding U.S. inland
freight from warehouse to customer. See Final Analysis Memorandum. See
also Verification Report.
Rebate Adjustments: Regarding rebate adjustments, we have:
eliminated the reliance upon facts available with adverse inference
under sections 776(a)(1), 776(a)(2)(B), and 776(b) of the Tariff Act of
1930, as amended (the ``Act''), used in the Preliminary Results and, in
its place, applied a rebate adjustment to the 2009 sales of multiple
customers; and modified the rebate adjustment for one customer's 2008
sales. See Comment 4 of the Issues and Decision Memorandum. See also
Final Analysis Memorandum and Verification Report.
Credit: Regarding credit adjustments, we have: revised the
adjustments to account for revisions to the above-mentioned rebate
adjustments; and revised the average interest rate used to calculate
credit
[[Page 22874]]
adjustments. Regarding the sales for which Starbright was not able to
report a payment date, we have used partial facts available in
accordance with sections 776(a)(1) and 776(a)(2)(B) of the Act. See
Comment 4 of the Issues and Decision Memorandum. See also Final
Analysis Memorandum. See also Verification Report.
Inventory Carrying Costs: We have modified the average
number of days in inventory used to calculate the adjustment for
inventory carrying costs. See Comment 4 of the Issues and Decision
Memorandum. See also Final Analysis Memorandum and Verification Report.
Indirect Selling Expenses: Regarding indirect selling
expenses, we have: included two additional indirect selling accounts;
and modified our calculation to more comprehensively capture all of
GPX's indirect selling expenses attributable to the sales of subject
merchandise. See Comments 2 and 3 of the Issues and Decision
Memorandum. See also Final Analysis Memorandum.
Indirect Labor: After the Preliminary Results, Starbright
submitted data regarding its use of supervisory and quality control
labor. For the final results we have added the new supervisory and
quality control indirect labor usage to the original indirect labor
usage for a new total indirect labor usage. See Comment 5 of the Issues
and Decision Memorandum. See also Final Analysis Memorandum.
Non-production Electricity: For the final results, we are
removing electricity consumed by Starbright in its energy department
and supporting department from our calculations of energy consumed for
production. See Comment 6 of the Issues and Decision Memorandum. See
also Final Analysis Memorandum.
Brokerage and Handling: For the final results, we are no
longer deflating brokerage and handling costs. See Comment 9 of the
Issues and Decision Memorandum. See also Final Analysis Memorandum and
Memorandum titled ``Preliminary Results of the 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 October 7, 2010 (``Surrogate Value Memorandum'').
Adjustments to Surrogate Financial Ratios: For the final
results, in Goodyear India Limited's financial statement we have:
excluded a portion of ``Liabilities/Provision no longer required
written back''; reclassified ``Retirement Gratuities'' as manufacturing
overhead; and corrected two clerical errors. See Comments 7 and 11 of
the Issues and Decision Memorandum. See also Surrogate Value
Memorandum.
Rubber Softener (RSOFT): We have applied a daily exchange
rate based on the date of sale to the surrogate value for RSOFT. See
Comment 10 of the Issues and Decision Memorandum. See also Final
Analysis Memorandum.
Export Subsidy Adjustment: Section 772(c)(1)(C) of the Act
unconditionally states that U.S. price ``shall be increased by the
amount of any countervailing duty imposed on the subject merchandise *
* * to offset an export subsidy''.\16\ The Department determined in its
final results of the companion countervailing duty administrative
review that Starbright's merchandise benefited from export
subsidies.\17\ Therefore, we have increased Starbright's U.S. price for
countervailing duties imposed attributable to export subsidies, where
appropriate. See Final Analysis Memorandum.
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\16\ See, e.g., Carbazole Violet Pigment 23 from India: Final
Results of Antidumping Duty Administrative Review, 75 FR 38076,
38077 (July 1, 2010), and accompanying Issues and Decision
Memorandum at Comment 1.
\17\ See New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of Countervailing Duty
Administrative Review, dated concurrently with this notice.
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Adverse Facts Available
Sections 776(a)(1) and (2) of the Act provide that the Department
shall apply ``facts otherwise available'' if, inter alia, necessary
information is not on the record or an interested party or any other
person: (A) withholds information that has been requested; (B) fails to
provide information within the deadlines established, or in the form
and manner requested by the Department, subject to subsections (c)(1)
and (e) of section 782 of the Act; (C) significantly impedes a
proceeding; or (D) provides information that cannot be verified as
provided by section 782(i) of the Act.
Where the Department determines that a response to a request for
information does not comply with the request, section 782(d) of the Act
provides that the Department will so inform the party submitting the
response and will, to the extent practicable, provide that party the
opportunity to remedy or explain the deficiency. If the party fails to
remedy the deficiency within the applicable time limits and subject to
section 782(e) of the Act, the Department may disregard all or part of
the original and subsequent responses, as appropriate. Section 782(e)
of the Act provides that the Department ``shall not decline to consider
information that is submitted by an interested party and is necessary
to the determination but does not meet all applicable requirements
established by the administering authority'' if the information is
timely, can be verified, is not so incomplete that it cannot be used,
and if the interested party acted to the best of its ability in
providing the information. Where all of these conditions are met, the
statute requires the Department to use the information if it can do so
without undue difficulties.
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying the facts otherwise available when
a party has failed to cooperate by not acting to the best of its
ability to comply with a request for information. Section 776(b) of the
Act also authorizes the Department to use as adverse facts available
(``AFA'') information derived from the petition, the final
determination, a previous administrative review, or other information
placed on the record.
For the Preliminary Results, the Department applied partial AFA to
a number of products with unreported factors of production. See
Preliminary Results, 75 FR at 64265-66. No parties have commented on
this issue since that time, and the record regarding the products in
question remains the same. For this reason, we determine that, in
accordance with sections 776(a)(1), 776(a)(2)(B), 776(a)(2)(C), and
776(b) of the Act, continued use of partial AFA is appropriate for the
final results with respect to Starbright. See Final Analysis Memo.
Final Results Margins
We determine that the following weighted-average dumping margins
exist for the period February 20, 2008, through August 31, 2009:
OTR Tires From the PRC
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
Hebei Starbright Tire Co., Ltd.............................. 28.97
Hangzhou Zhongce Rubber Co., Ltd............................ 28.97
KS Holding Limited/KS Resources Limited..................... 28.97
Laizhou Xiongying Rubber Industry Co., Ltd.................. 28.97
Qingdao Taifa Group Co., Ltd................................ 28.97
Weihai Zhongwei Rubber Co., Ltd............................. 28.97
------------------------------------------------------------------------
[[Page 22875]]
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review. For assessment purposes, we
calculated importer (or customer)-specific assessment rates for
merchandise subject to this review. Where appropriate, we calculated an
ad valorem rate for each importer (or customer) by dividing the total
dumping margins for reviewed sales to that party by the total entered
values associated with those transactions. For duty-assessment rates
calculated on this basis, we will direct CBP to assess the resulting ad
valorem rate against the entered customs values for the subject
merchandise. Where appropriate, we calculated a per-unit rate for each
importer (or customer) by dividing the total dumping margins for
reviewed sales to that party by the total sales quantity associated
with those transactions. For duty-assessment rates calculated on this
basis, we will direct CBP to assess the resulting per-unit rate against
the entered quantity of the subject merchandise. Where an importer (or
customer)-specific assessment rate is de minimis (i.e., less than 0.50
percent), the Department will instruct CBP to assess that importer (or
customer's) entries of subject merchandise without regard to
antidumping duties, in accordance with 19 CFR 351.106(c)(2). We intend
to instruct CBP to liquidate entries containing subject merchandise
exported by the PRC-wide entity at the PRC-wide rate of 210.48 percent.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For
Starbright,\18\ Hangzhou Zhongce, KS Ltd., Laizhou Xiongying, Qingdao
Taifa, and Weihai Zhongwei, the cash deposit rate will be the margins
listed above; (2) for previously investigated or reviewed PRC and non-
PRC exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (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 210.48 percent
determined in the less-than-fair-value investigation; 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 that supplied that non-PRC exporter. These deposit
requirements shall remain in effect until further notice.
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\18\ While the instant review covered Starbright as the
exporter, the draft cash deposit instructions released with the
Preliminary Results inadvertently identified ``Hebei Starbright Co.,
Ltd./GPX International Co., Ltd.'' as the exporter. We have
corrected the cash deposit instructions to identify only Starbright
as the exporter.
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Notification to Importers
This notice also 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 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 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 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Comment 1: Whether to Treat Certain Inputs as Manufacturing Overhead
or FOPs
Comment 2: Treatment of Warehousing-Related Expenses
Comment 3: Calculation of ISE Ratio
Comment 4: Whether to Make Certain Changes Based on Verification
Findings
Comment 5: Treatment of Supervisory and Quality Control Labor
Comment 6: Calculation of Starbright's Electricity Consumption
Comment 7: Correction of Alleged Ministerial Errors
Comment 8: Valuation of Wage Rate
Comment 9: Valuation of Brokerage and Handling
Comment 10: Valuation of RSOFT
Comment 11: Selection and Calculation of Financial Ratios
Comment 12: Whether to Grant MOE Treatment
Comment 13: Double Remedies
Comment 14: Zeroing
[FR Doc. 2011-9964 Filed 4-22-11; 8:45 am]
BILLING CODE 3510-P
