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]

Download as PDF 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. pmangrum on DSK3VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 14:55 Mar 09, 2012 Jkt 226001 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’’). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 http://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. E:\FR\FM\12MRN1.SGM 12MRN1 14496 Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices Scope of the Order pmangrum on DSK3VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 14:55 Mar 09, 2012 Jkt 226001 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). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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). E:\FR\FM\12MRN1.SGM 12MRN1 Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices 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. pmangrum on DSK3VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 14:55 Mar 09, 2012 Jkt 226001 • 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 14497 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 E:\FR\FM\12MRN1.SGM 12MRN1 pmangrum on DSK3VPTVN1PROD with NOTICES 14498 Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Notices 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: VerDate Mar<15>2010 14:55 Mar 09, 2012 Jkt 226001 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 http://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