Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of the 2009-2010 Antidumping Duty Administrative Review and Final Rescission, in Part, 14495-14499 [2012-5939]
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Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices
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 intend to 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.
Wanhua
Issue 10: Whether the Department should
have calculated the consumption of material
inputs of Wanhua based on an application of
adverse facts available.
Dongfang
Issue 11: Whether the Department should
have adjusted Dongfang’s reported electricity
and water FOPs.
Zeroing
Issue 12: Whether the Department should
engage in the practice of zeroing.
[FR Doc. 2012–5936 Filed 3–9–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Dated: March 2, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of the 2009–2010
Antidumping Duty Administrative
Review and Final Rescission, in Part
Appendix I
AGENCY:
Issues for the Final Results
Surrogate Country Selection and Surrogate
Financial Ratios
Issue 1: Whether the Department should
have selected India or Thailand as the
Surrogate Country.
Issue 2: Whether the Department should
have selected the financial statement of JBF
Industries Ltd. to calculate financial ratios.
Issue 3: Whether the Department should
have rejected financial statements submitted
in its surrogate value rebuttal comments.
Surrogate Values
Issue 4: Whether the Department should
have selected the six-digit subheading
3907.60 to value the Respondents’ PET chips.
Issue 5: Whether the Department should
require company certifications for surrogate
value submissions.
Issue 6: Whether the Department should
have selected HTS 3915.10 to value
Respondents’ scrap offset.
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Respondent Selection
Issue 7: Whether the Department
improperly failed to select Fuwei Films and
Green Packing as mandatory respondents,
and improperly failed to consider the
voluntary responses of Fuwei Films and
Green Packing.
Separate Rate
Issue 8: Whether the separate rate assigned
to Fuwei Films and Green Packing in the
Preliminary Results inaccurately overstates
the antidumping margin that should be
applied to these companies.
Reclaimed PET Chips
Issue 9: Whether the Department should recalculate the consumption of raw material
inputs for Wanhua and Dongfang with
respect to reclaimed PET chips.
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Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 7, 2011, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the 2009–2010
administrative review of the
antidumping duty order on certain new
pneumatic off-the-road tires (‘‘OTR
tires’’) from the People’s Republic of
China (‘‘PRC’’).1 The period of review
(‘‘POR’’) is September 1, 2009, through
August 31, 2010. This review covers one
exporter: Tianjin United Tire & Rubber
International Co., Ltd. (‘‘TUTRIC’’).
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 TUTRIC.
The final dumping margins for this
review are listed in the ‘‘Final Results
Margins’’ section below.
DATES: Effective Date: March 12, 2012.
FOR FURTHER INFORMATION CONTACT:
Raquel Silva or Wendy Frankel, 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)
482–5849, respectively.
1 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Preliminary
Results of the 2009–2010 Antidumping Duty
Administrative Review and Intent To Rescind, in
Part, 76 FR 62356 (October 7, 2011) (‘‘Preliminary
Results’’).
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14495
Background
On October 7, 2011, the Department
published its Preliminary Results of the
antidumping duty administrative review
of OTR tires from the PRC. On October
21, 2011, TUTRIC submitted its
response to the Department’s October
17, 2011, post-preliminary
supplemental questionnaire.
Titan Tire Corporation (‘‘Titan’’), the
petitioner; and TUTRIC each submitted
publicly available information regarding
surrogate values on October 27, 2011;
Bridgestone Americas, Inc. and
Bridgestone Americas Tire Operations,
LLC (collectively, ‘‘Bridgestone’’),
domestic interested parties, did so on
October 28, 2011. On November 7, 2011,
TUTRIC submitted rebuttal surrogate
value information.
Titan and Bridgestone submitted their
case briefs on November 17, and
November 18, 2011, respectively. On
November 30, 2011, TUTRIC submitted
its rebuttal brief.
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 Paul Piquado, Assistant
Secretary for Import Administration,
titled, ‘‘Certain New Pneumatic Off-theRoad Tires from the People’s Republic
of China: Issues and Decision
Memorandum for the Final Results of
the 2009–2010 Second Administrative
Review of the Antidumping Duty
Order,’’ dated February 21, 2012
(‘‘Issues and Decision Memorandum’’),
which is hereby adopted by this notice.
A list of the issues that parties raised
and to which we responded in the
Issues and Decision Memorandum
follows as an appendix to this notice.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
Access to IA ACCESS is available in the
Central Records Unit (CRU), room 7046
of the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://www.trade.gov/
ia/. The paper copy and electronic
version of the Issues and Decision
Memorandum are identical in content.
Period of Review
The POR is September 1, 2009,
through August 31, 2010.
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Scope of the Order
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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
tractors,2 combine harvesters,3
agricultural high clearance sprayers,4
industrial tractors,5 log-skidders,6
agricultural implements, highwaytowed implements, agricultural logging,
and agricultural, industrial, skid-steers/
mini-loaders; 7 (2) construction vehicles
and equipment, including earthmover
articulated dump products, rigid frame
haul trucks,8 front end loaders,9
dozers,10 lift trucks, straddle carriers,11
2 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.
3 Combine harvesters are used to harvest crops
such as corn or wheat.
4 Agricultural sprayers are used to irrigate
agricultural fields.
5 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.
6 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.
7 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.
8 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.
9 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.
10 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.
11 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.
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graders,12 mobile cranes,13 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-theroad 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 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 14 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
12 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.
13 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.
14 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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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
• 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).
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Final Rescission, in Part, of the
Administrative Review
In the Preliminary Results, the
Department stated its intent to rescind
the review with respect to Weihai
because the Department preliminarily
determined that Weihai had no
shipments of subject merchandise to the
United States during the POR. See
Preliminary Results, 76 FR at 62358.
The Department did not receive any
comments from interested parties with
respect to rescinding the review for
Weihai. Thus, we continue to find that
Weihai had no shipments of subject
merchandise to the United States during
the POR. As such, we are rescinding this
review with respect to Weihai in
accordance with 19 CFR 351.213(d)(3).
Separate Rates
In proceedings involving non-market
economy (‘‘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.15
In the Preliminary Results, we found
that TUTRIC demonstrated its eligibility
for separate-rate status. See Preliminary
Results, 76 FR at 62358–59. No party
has placed any evidence on the record
of this review to contradict that finding.
Therefore, we continue to find that
TUTRIC is eligible for separate-rate
status.
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Changes Since the Preliminary Results
Based on an analysis of the comments
received, for the final results, the
Department has made the following
changes to TUTRIC’s Margin
Calculation:
• Steam: We have calculated the
surrogate value for steam using a
rupees-per-metric-ton unit of measure.
Additionally, we applied partial adverse
facts available (‘‘AFA’’) under sections
776(a)(2)(A) and (B) and 776(b) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), to value TUTRIC’s steam
consumption.16
15 See Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588 (May 6, 1991), 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) and
19 CFR 351.107(d).
16 See Memorandum titled, ‘‘Final Results of the
2009–2010 Administrative Review of the
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• NYCHFR and HCLOTH: We have
changed the HTS categories used to
value Tyre cord B fabric (‘‘NYCHFR’’)
and harness cloth (‘‘HCLOTH’’).17
• Surrogate Financial Ratios: We
have corrected the classification of three
line items in the surrogate financial
ratio calculation.18
• Domestic Brokerage and Handling:
We have revised the calculation of
TUTRIC’s surrogate brokerage and
handling value using a revised container
weight.19
• Labor: We have changed the source
of data used to value labor costs and are
using a source that contains data more
specific to the product at issue here.
Additionally, we have applied a
monthly inflation methodology to
inflate the value of labor.20
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
Antidumping Duty Order on Certain New
Pneumatic Off-the-Road Tires from the People’s
Republic of China: Surrogate Value Memorandum,’’
dated February 6, 2012 (‘‘Surrogate Value
Memorandum’’); see also Memorandum titled,
‘‘Analysis Memorandum for the Final Results:
Tianjin United Tire & Rubber International Co.,
Ltd.,’’ dated February 6, 2012 (‘‘TUTRIC Final
Analysis Memorandum’’); see also ‘‘Adverse Facts
Available’’ section below and Comment 6 of the
Issues and Decision Memorandum.
17 See Surrogate Value Memorandum and
TUTRIC Final Analysis Memorandum.
18 See Surrogate Value Memorandum and
TUTRIC Final Analysis Memorandum; see also
Comment 7 of the Issues and Decision
Memorandum.
19 See Surrogate Value Memorandum and
TUTRIC Final Analysis Memorandum; see also
Comment 10 of the Issues and Decision
Memorandum.
20 See Surrogate Value Memorandum and
TUTRIC Final Analysis Memorandum; see also
Comment 11 of the Issues and Decision
Memorandum.
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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 AFA information
derived from the petition, the final
determination, a previous
administrative review, or other
information placed on the record.
For the reasons discussed below, we
determine that, in accordance with
sections 776(a)(2) and 776(b) of the Act,
the use of partial AFA is appropriate for
the final results with respect to
TUTRIC’s consumption of steam.
Pursuant to section 776(e)(2)(A) and
(B) of the Act, we find that TUTRIC
failed to provide requested information,
and failed to provide information in the
form and manner requested by the
Department by the established deadlines
on three separate occasions. In the
original questionnaire issued on January
19, 2011, the Department requested that
TUTRIC provide a discussion of how
the company calculated its reported
energy (steam) usage, and to also
provide supporting worksheets. In its
March 11, 2011, response, TUTRIC
attached a worksheet demonstrating its
final allocation of steam consumption to
production-related activities and nonproduction related activities. However,
TUTRIC did not provide a narrative
explanation to support its calculations
methodology or the calculation details
as requested.
On June 9, 2011, the Department
issued a supplemental questionnaire
requesting that TUTRIC specifically
provide a detailed narrative explanation
of its steam consumption calculation. In
its July 15, 2011, response, TUTRIC
attached a revised worksheet that
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provided a worksheet detailing a series
of generic formulas. However, in its
supplemental questionnaire response,
TUTRIC did not provide the
calculations demonstrating how it
applied these formulas or a narrative
explanation of the calculation.
On August 16, 2011, in an additional
supplemental questionnaire, the
Department again specifically asked that
TUTRIC provide a worksheet and a
narrative explanation to demonstrate the
calculation used to derive its allocation
ratio. In a response dated September 2,
2011, TUTRIC referred the Department
to its July 15, 2011, response. The
Department notes that while the July 15,
2011, worksheet demonstrated
TUTRIC’s general allocation of factors of
production (‘‘FOP’’), TUTRIC again did
not provide the underlying calculation
demonstrating how it derived the
allocations or a narrative explanation.
Pursuant to section 776(a)(2)(A) of the
Act, the Department finds that TUTRIC
failed to provide essential information
to support its reported steam
consumption. Specifically, it failed to
provide a narrative explanation of its
calculation methodology and failed to
provide the actual calculations used in
allocating steam consumption between
production and non-production use as
requested by the Department.
Additionally, pursuant to section
776(a)(2)(B) of the Act, the Department
finds that TUTRIC additionally failed to
provide clarifying information in the
manner requested by the Department.
Consequently, the Department finds it
necessary to apply partial facts
available, as the necessary information
is not available to determine the
propriety of TUTRIC’s derived
allocation for steam consumption.
Additionally, because TUTRIC had
multiple opportunities but never
provided the requisite information, we
find that TUTRIC failed to cooperate by
not acting to the best of its ability to
comply with the Department’s requests
for information concerning TUTRIC’s
steam consumption. For that reason, we
determine that the application of an
adverse inference pursuant to section
776(b) of the Act is warranted.
Therefore, as partial AFA for these final
results, the Department has applied
TUTRIC’s total consumption of the
steam consumed during the POR as
TUTRIC’s production consumption
quantity. See TUTRIC Final Analysis
Memorandum.
Final Results Margins
We determine that the following
weighted-average dumping margin
exists for the period September 1, 2009,
through August 31, 2010:
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OTR TIRES FROM THE PRC
Weightedaverage
margin
(percent)
Exporter
Tianjin United Tire & Rubber
International Co., Ltd ............
11.07
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (‘‘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
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751(a)(2)(C) of the Act: (1) For TUTRIC,
the cash deposit rate will be the margin
listed above; (2) for previously
investigated or reviewed PRC and nonPRC 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 PRCwide 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 nonPRC 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 POR.
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.
E:\FR\FM\12MRN1.SGM
12MRN1
Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices
Dated: March 5, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Comment 1: Valuation of Technically
Specific Natural Rubber
Comment 2: Whether to Use Certain
MEP Prices
Comment 3: Whether to Value Curing
Bladders as FOPs or Overhead
Comment 4: Which Coal Grades to Use
in Valuing Steam Coal
Comment 5: What Source to Use for
Valuing Steam
Comment 6: Whether to Modify
TUTRIC’s Steam Allocation
Methodology
Comment 7: Corrections to the
Calculation of the Surrogate Financial
Ratios
Comment 8: How to Treat TUTRIC’s
Non-production Labor and Energy
Costs
Comment 9: Whether the Department
Should Use a Different Source to
Calculate Domestic Inland Truck
Freight
Comment 10: Whether to Revise the
Calculation of Domestic Brokerage
and Handling Expenses
Comment 11: Whether the Department
Should Use a Different Source and
Inflation Period to Value Labor
Comment 12: Whether to Deduct VAT
from Export Price
Comment 13: Whether to Use AFA to
Value FOPs for ‘‘Similar’’ Models
Comment 14: How to Treat Claims for
Failed Tires
Comment 15: Whether to Apply a
‘‘Targeting’’ Analysis if the
Department Changes Its Zeroing
Position
[FR Doc. 2012–5939 Filed 3–9–12; 8:45 am]
BILLING CODE;P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–888]
pmangrum on DSK3VPTVN1PROD with NOTICES
Floor-Standing, Metal-Top Ironing
Tables and Certain Parts Thereof From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 7, 2011, the
U.S. Department of Commerce (the
Department) published the preliminary
results of the 2009–2010 administrative
review of the antidumping duty order
on floor-standing, metal-top ironing
AGENCY:
VerDate Mar<15>2010
14:55 Mar 09, 2012
Jkt 226001
tables from the People’s Republic of
China (PRC).1 On January 10, 2012, we
extended the final results of this
administrative review by 60 days.2 This
review covers one exporter, Foshan
Shunde Yongjian Housewares &
Hardwares Co., Ltd. (Foshan Shunde).
The period of review (POR) is August 1,
2009, through July 31, 2010. We invited
interested parties to comment on the
Preliminary Results.
Based on our analysis of the
comments received, we have made
changes in the margin calculations.
Therefore, the Final Results differ from
the Preliminary Results. The weighted
average dumping margins are listed
below in the section entitled ‘‘Final
Results of Review’’.
DATES: Effective Date: March 12, 2012.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Robert James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2011, the
Department published the preliminary
results of this administrative review.
See Preliminary Results. The
merchandise covered by the order is
floor-standing, metal-top ironing tables
and certain parts thereof from the PRC,
as described in the ‘‘Scope of the Order’’
section of this notice. The period of
review (POR) is August 1, 2009, through
July 31, 2010. This administrative
review covers Foshan Shunde.
In the Preliminary Results, we invited
parties to comment. October 7, 2011, the
Department received a timely case brief
from Foshan Shunde. On October 12,
2011, Home Products International (the
Petitioner in this case) submitted a
rebuttal brief.
Scope of the Order
For purposes of the order, the product
covered consists of floor-standing,
metal-top ironing tables, assembled or
unassembled, complete or incomplete,
and certain parts thereof. The subject
tables are designed and used principally
1 See Floor-Standing, Metal-Top Ironing Tables
and Certain Parts Thereof From the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
55357 (September 7, 2011) (Preliminary Results).
2 See Floor-Standing, Metal-Top Ironing Tables
and Certain Parts Thereof From the People’s
Republic of China: Extension of Time Limit for
Final Results of Administrative Review, 77 FR 1455
(January 10, 2012).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
14499
for the hand ironing or pressing of
garments or other articles of fabric. The
subject tables have full-height leg
assemblies that support the ironing
surface at an appropriate (often
adjustable) height above the floor. The
subject tables are produced in a variety
of leg finishes, such as painted, plated,
or matte, and they are available with
various features, including iron rests,
linen racks, and others. The subject
ironing tables may be sold with or
without a pad and/or cover. All types
and configurations of floor-standing,
metal-top ironing tables are covered by
this review.
Furthermore, the order specifically
covers imports of ironing tables,
assembled or unassembled, complete or
incomplete, and certain parts thereof.
For purposes of the order, the term
‘‘unassembled’’ ironing table means a
product requiring the attachment of the
leg assembly to the top or the
attachment of an included feature such
as an iron rest or linen rack. The term
‘‘complete’’ ironing table means product
sold as a ready-to-use ensemble
consisting of the metal-top table and a
pad and cover, with or without
additional features, e.g., iron rest or
linen rack. The term ‘‘incomplete’’
ironing table means product shipped or
sold as a ‘‘bare board’’—i.e., a metal-top
table only, without the pad and cover—
with or without additional features, e.g.
iron rest or linen rack. The major parts
or components of ironing tables that are
intended to be covered by the order
under the term ‘‘certain parts thereof’’
consist of the metal top component
(with or without assembled supports
and slides) and/or the leg components,
whether or not attached together as a leg
assembly. The order covers separately
shipped metal top components and leg
components, without regard to whether
the respective quantities would yield an
exact quantity of assembled ironing
tables.
Ironing tables without legs (such as
models that mount on walls or over
doors) are not floor-standing and are
specifically excluded. Additionally,
tabletop or countertop models with
short legs that do not exceed 12 inches
in length (and which may or may not
collapse or retract) are specifically
excluded.
The subject ironing tables were
previously classified under Harmonized
Tariff Schedule of the United States
(HTSUS) subheading 9403.20.0010.
Effective July 1, 2003, the subject
ironing tables are classified under new
HTSUS subheading 9403.20.0011. The
subject metal top and leg components
are classified under HTSUS subheading
9403.90.8040. Although the HTSUS
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Notices]
[Pages 14495-14499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5939]
-----------------------------------------------------------------------
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 2009-2010 Antidumping Duty
Administrative Review and Final Rescission, in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 7, 2011, the Department of Commerce
(``Department'') published the preliminary results of the 2009-2010
administrative review of the antidumping duty order on certain new
pneumatic off-the-road tires (``OTR tires'') from the People's Republic
of China (``PRC'').\1\ The period of review (``POR'') is September 1,
2009, through August 31, 2010. This review covers one exporter: Tianjin
United Tire & Rubber International Co., Ltd. (``TUTRIC'').
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Preliminary Results of the 2009-2010
Antidumping Duty Administrative Review and Intent To Rescind, in
Part, 76 FR 62356 (October 7, 2011) (``Preliminary Results'').
---------------------------------------------------------------------------
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 TUTRIC. The final
dumping margins for this review are listed in the ``Final Results
Margins'' section below.
DATES: Effective Date: March 12, 2012.
FOR FURTHER INFORMATION CONTACT: Raquel Silva or Wendy Frankel, 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) 482-5849, respectively.
Background
On October 7, 2011, the Department published its Preliminary
Results of the antidumping duty administrative review of OTR tires from
the PRC. On October 21, 2011, TUTRIC submitted its response to the
Department's October 17, 2011, post-preliminary supplemental
questionnaire.
Titan Tire Corporation (``Titan''), the petitioner; and TUTRIC each
submitted publicly available information regarding surrogate values on
October 27, 2011; Bridgestone Americas, Inc. and Bridgestone Americas
Tire Operations, LLC (collectively, ``Bridgestone''), domestic
interested parties, did so on October 28, 2011. On November 7, 2011,
TUTRIC submitted rebuttal surrogate value information.
Titan and Bridgestone submitted their case briefs on November 17,
and November 18, 2011, respectively. On November 30, 2011, TUTRIC
submitted its rebuttal brief.
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 Paul Piquado, Assistant Secretary for Import
Administration, titled, ``Certain New Pneumatic Off-the-Road Tires from
the People's Republic of China: Issues and Decision Memorandum for the
Final Results of the 2009-2010 Second Administrative Review of the
Antidumping Duty Order,'' dated February 21, 2012 (``Issues and
Decision Memorandum''), which is hereby adopted by this notice. A list
of the issues that parties raised and to which we responded in the
Issues and Decision Memorandum follows as an appendix to this notice.
The Issues and Decision Memorandum is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
Access to IA ACCESS is available in the Central Records Unit (CRU),
room 7046 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the Internet at https://www.trade.gov/ia/. The paper copy
and electronic version of the Issues and Decision Memorandum are
identical in content.
Period of Review
The POR is September 1, 2009, through August 31, 2010.
[[Page 14496]]
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,\2\ combine harvesters,\3\
agricultural high clearance sprayers,\4\ industrial tractors,\5\ log-
skidders,\6\ agricultural implements, highway-towed implements,
agricultural logging, and agricultural, industrial, skid-steers/mini-
loaders; \7\ (2) construction vehicles and equipment, including
earthmover articulated dump products, rigid frame haul trucks,\8\ front
end loaders,\9\ dozers,\10\ lift trucks, straddle carriers,\11\
graders,\12\ mobile cranes,\13\ 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 \14\ 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.
---------------------------------------------------------------------------
\2\ 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.
\3\ Combine harvesters are used to harvest crops such as corn or
wheat.
\4\ Agricultural sprayers are used to irrigate agricultural
fields.
\5\ 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.
\6\ 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.
\7\ 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.
\8\ 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.
\9\ 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.
\10\ 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.
\11\ 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.
\12\ 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.
\13\ 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.
\14\ 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
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).
[[Page 14497]]
Final Rescission, in Part, of the Administrative Review
In the Preliminary Results, the Department stated its intent to
rescind the review with respect to Weihai because the Department
preliminarily determined that Weihai had no shipments of subject
merchandise to the United States during the POR. See Preliminary
Results, 76 FR at 62358. The Department did not receive any comments
from interested parties with respect to rescinding the review for
Weihai. Thus, we continue to find that Weihai had no shipments of
subject merchandise to the United States during the POR. As such, we
are rescinding this review with respect to Weihai in accordance with 19
CFR 351.213(d)(3).
Separate Rates
In proceedings involving non-market economy (``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.\15\
---------------------------------------------------------------------------
\15\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991), 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) and 19 CFR 351.107(d).
---------------------------------------------------------------------------
In the Preliminary Results, we found that TUTRIC demonstrated its
eligibility for separate-rate status. See Preliminary Results, 76 FR at
62358-59. No party has placed any evidence on the record of this review
to contradict that finding. Therefore, we continue to find that TUTRIC
is eligible for separate-rate status.
Changes Since the Preliminary Results
Based on an analysis of the comments received, for the final
results, the Department has made the following changes to TUTRIC's
Margin Calculation:
Steam: We have calculated the surrogate value for steam
using a rupees-per-metric-ton unit of measure. Additionally, we applied
partial adverse facts available (``AFA'') under sections 776(a)(2)(A)
and (B) and 776(b) of the Tariff Act of 1930, as amended (the ``Act''),
to value TUTRIC's steam consumption.\16\
---------------------------------------------------------------------------
\16\ See Memorandum titled, ``Final Results of the 2009-2010
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 February 6, 2012 (``Surrogate
Value Memorandum''); see also Memorandum titled, ``Analysis
Memorandum for the Final Results: Tianjin United Tire & Rubber
International Co., Ltd.,'' dated February 6, 2012 (``TUTRIC Final
Analysis Memorandum''); see also ``Adverse Facts Available'' section
below and Comment 6 of the Issues and Decision Memorandum.
---------------------------------------------------------------------------
NYCHFR and HCLOTH: We have changed the HTS categories used
to value Tyre cord B fabric (``NYCHFR'') and harness cloth
(``HCLOTH'').\17\
---------------------------------------------------------------------------
\17\ See Surrogate Value Memorandum and TUTRIC Final Analysis
Memorandum.
---------------------------------------------------------------------------
Surrogate Financial Ratios: We have corrected the
classification of three line items in the surrogate financial ratio
calculation.\18\
---------------------------------------------------------------------------
\18\ See Surrogate Value Memorandum and TUTRIC Final Analysis
Memorandum; see also Comment 7 of the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
Domestic Brokerage and Handling: We have revised the
calculation of TUTRIC's surrogate brokerage and handling value using a
revised container weight.\19\
---------------------------------------------------------------------------
\19\ See Surrogate Value Memorandum and TUTRIC Final Analysis
Memorandum; see also Comment 10 of the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
Labor: We have changed the source of data used to value
labor costs and are using a source that contains data more specific to
the product at issue here. Additionally, we have applied a monthly
inflation methodology to inflate the value of labor.\20\
---------------------------------------------------------------------------
\20\ See Surrogate Value Memorandum and TUTRIC Final Analysis
Memorandum; see also Comment 11 of the Issues and Decision
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 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 AFA information derived
from the petition, the final determination, a previous administrative
review, or other information placed on the record.
For the reasons discussed below, we determine that, in accordance
with sections 776(a)(2) and 776(b) of the Act, the use of partial AFA
is appropriate for the final results with respect to TUTRIC's
consumption of steam.
Pursuant to section 776(e)(2)(A) and (B) of the Act, we find that
TUTRIC failed to provide requested information, and failed to provide
information in the form and manner requested by the Department by the
established deadlines on three separate occasions. In the original
questionnaire issued on January 19, 2011, the Department requested that
TUTRIC provide a discussion of how the company calculated its reported
energy (steam) usage, and to also provide supporting worksheets. In its
March 11, 2011, response, TUTRIC attached a worksheet demonstrating its
final allocation of steam consumption to production-related activities
and non-production related activities. However, TUTRIC did not provide
a narrative explanation to support its calculations methodology or the
calculation details as requested.
On June 9, 2011, the Department issued a supplemental questionnaire
requesting that TUTRIC specifically provide a detailed narrative
explanation of its steam consumption calculation. In its July 15, 2011,
response, TUTRIC attached a revised worksheet that
[[Page 14498]]
provided a worksheet detailing a series of generic formulas. However,
in its supplemental questionnaire response, TUTRIC did not provide the
calculations demonstrating how it applied these formulas or a narrative
explanation of the calculation.
On August 16, 2011, in an additional supplemental questionnaire,
the Department again specifically asked that TUTRIC provide a worksheet
and a narrative explanation to demonstrate the calculation used to
derive its allocation ratio. In a response dated September 2, 2011,
TUTRIC referred the Department to its July 15, 2011, response. The
Department notes that while the July 15, 2011, worksheet demonstrated
TUTRIC's general allocation of factors of production (``FOP''), TUTRIC
again did not provide the underlying calculation demonstrating how it
derived the allocations or a narrative explanation.
Pursuant to section 776(a)(2)(A) of the Act, the Department finds
that TUTRIC failed to provide essential information to support its
reported steam consumption. Specifically, it failed to provide a
narrative explanation of its calculation methodology and failed to
provide the actual calculations used in allocating steam consumption
between production and non-production use as requested by the
Department. Additionally, pursuant to section 776(a)(2)(B) of the Act,
the Department finds that TUTRIC additionally failed to provide
clarifying information in the manner requested by the Department.
Consequently, the Department finds it necessary to apply partial facts
available, as the necessary information is not available to determine
the propriety of TUTRIC's derived allocation for steam consumption.
Additionally, because TUTRIC had multiple opportunities but never
provided the requisite information, we find that TUTRIC failed to
cooperate by not acting to the best of its ability to comply with the
Department's requests for information concerning TUTRIC's steam
consumption. For that reason, we determine that the application of an
adverse inference pursuant to section 776(b) of the Act is warranted.
Therefore, as partial AFA for these final results, the Department has
applied TUTRIC's total consumption of the steam consumed during the POR
as TUTRIC's production consumption quantity. See TUTRIC Final Analysis
Memorandum.
Final Results Margins
We determine that the following weighted-average dumping margin
exists for the period September 1, 2009, through August 31, 2010:
OTR Tires From the PRC
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
Tianjin United Tire & Rubber International Co., Ltd........ 11.07
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``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 TUTRIC, the
cash deposit rate will be the margin 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 POR. 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.
[[Page 14499]]
Dated: March 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment 1: Valuation of Technically Specific Natural Rubber
Comment 2: Whether to Use Certain MEP Prices
Comment 3: Whether to Value Curing Bladders as FOPs or Overhead
Comment 4: Which Coal Grades to Use in Valuing Steam Coal
Comment 5: What Source to Use for Valuing Steam
Comment 6: Whether to Modify TUTRIC's Steam Allocation Methodology
Comment 7: Corrections to the Calculation of the Surrogate Financial
Ratios
Comment 8: How to Treat TUTRIC's Non-production Labor and Energy Costs
Comment 9: Whether the Department Should Use a Different Source to
Calculate Domestic Inland Truck Freight
Comment 10: Whether to Revise the Calculation of Domestic Brokerage and
Handling Expenses
Comment 11: Whether the Department Should Use a Different Source and
Inflation Period to Value Labor
Comment 12: Whether to Deduct VAT from Export Price
Comment 13: Whether to Use AFA to Value FOPs for ``Similar'' Models
Comment 14: How to Treat Claims for Failed Tires
Comment 15: Whether to Apply a ``Targeting'' Analysis if the Department
Changes Its Zeroing Position
[FR Doc. 2012-5939 Filed 3-9-12; 8:45 am]
BILLING CODE;P
