Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Rescission, in Part; 2010-2011, 22513-22515 [2013-08894]
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Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Notices
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Although the DPAS is designed to be
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mstockstill on DSK4VPTVN1PROD with NOTICES
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Submitted electronically or on paper.
III. Data
OMB Control Number: 0694–0057.
Form Number(s): BIS–999.
Type of Review: Regular submission
(extension of a currently approved
collection).
Affected Public: Business or other forprofit organizations.
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Dated: April 10, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2013–08824 Filed 4–15–13; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review and Final
Rescission, in Part; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2012, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the 2010–2011
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, 2010, through
August 31, 2011. This review covers one
exporter: Hangzhou Zhongce Rubber
Co., Ltd. (‘‘Zhongce’’).
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 Zhongce.
AGENCY:
1 See
Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Antidumping
Duty Administrative Review; 2010–2011, 77 FR
61387 (October 9, 2012) (‘‘Preliminary Results’’).
PO 00000
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Sfmt 4703
22513
The final dumping margin for this
review is listed in the ‘‘Final Results
Margin’’ section below.
DATES: Effective Date: April 16, 2013.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Eugene Degnan, 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) 482–4987 and (202)
482–0414, respectively.
Background
On October 9, 2012, the Department
published its Preliminary Results of the
antidumping duty administrative review
of OTR tires from the PRC. Zhongce
submitted publicly available
information regarding surrogate values
on November 7, 2012. Petitioner and
Zhongce submitted case briefs on
November 19, 2012, and rebuttal briefs
on December 3, 2012.
Scope of the Order
The merchandise covered by this
order includes new pneumatic tires
designed for off-the-road and offhighway use, subject to certain
exceptions. The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. The
HTSUS subheadings are provided for
convenience and customs purposes
only. A full description of the scope of
the order is contained 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 2010–2011 Administrative Review
of the Antidumping Duty Order,’’ dated
April 9, 2013 (‘‘Issues and Decision
Memorandum’’). The written product
description of the scope of the order is
dispositive.2
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
2 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Notice of
Amended Final Affirmative Determination of Sales
at Less Than Fair Value and Antidumping Duty
Order, 73 FR 51624 (September 4, 2008).
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22514
Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Notices
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues that parties raised and to which
we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). Access to IA ACCESS
is available in the Central Records Unit,
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.
Final Rescission, in Part, of the
Administrative Review
In the Preliminary Results, the
Department stated its intent to rescind
the review with respect to 78 companies
that are part of the PRC-wide entity, and
for which a review request was
withdrawn.3 The Department did not
receive any comments from interested
parties with respect to rescinding the
review for these companies. As such, in
accordance with 19 CFR 351.213(d)(1),
we are rescinding this review with
respect to these 78 companies.
mstockstill on DSK4VPTVN1PROD with NOTICES
Separate Rates
In proceedings involving non-market
economy (‘‘NME’’) countries, the
Department maintains 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 subject merchandise 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.4
In the Preliminary Results, we found
that Zhongce demonstrated its eligibility
for separate-rate status.5 No party has
placed any evidence on the record of
this review to contradict that finding.
Therefore, we continue to find that
3 See Preliminary Results, 77 FR at 61387 and
61389, Appendix III.
4 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); see
also 19 CFR 351.107(d).
5 See Preliminary Results, and accompanying
Preliminary Decision Memorandum at 7.
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17:58 Apr 15, 2013
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Zhongce 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 made the following change
to Zhongce’s margin calculation:
• Surrogate Financial Ratios: We
have used the 2011 financial statements
for Hwa Fong Rubber (Thailand) Public
Company Limited and the 2010
financial statements for Goodyear
(Thailand) Public Company Limited to
calculate average surrogate financial
ratios.6
• Carbon Black: We have used the
Thai import data for ‘‘Rubber Grade
Carbon Black’’ to value all carbon black
inputs.7
Final Results
We determine that the following
weighted-average dumping margin
exists for the period September 1, 2010,
through August 31, 2011:
OTR TIRES FROM THE PRC
Exporter
Weightedaverage
margin
percent
Hangzhou Zhongce Rubber
Co., Ltd. ............................
112.41
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (‘‘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. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. Pursuant to 19 CFR
351.212(b)(1), we calculated importerspecific (or customer) per unit duty
assessment rates based on the ratio of
the total amount of the dumping
6 See Memorandum to the File from Andrew
Medley, titled ‘‘Final Results of the 2010–2011
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 April 9,
2013 (‘‘Surrogate Value Memorandum’’), and
Memorandum to the File from Andrew Medley,
titled ‘‘2010–2011 Administrative Review of the
Antidumping Duty Order on Certain New
Pneumatic Off-the-Road Tires from the People’s
Republic of China: Analysis of the Final Results
Margin Calculation for Zhongce,’’ dated April 9,
2013 (‘‘Zhongce Final Analysis Memorandum’’); see
also Issues and Decision Memorandum at Comment
6.
7 See Surrogate Value Memorandum and Zhongce
Final Analysis Memorandum; see also Issues and
Decision Memorandum at Comment 5A.
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Fmt 4703
Sfmt 4703
margins calculated for the examined
sales to the total sales quantity of those
same sales.8 In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate, without regard to
antidumping duties, all entries of
subject merchandise during the POR for
which the importer-specific assessment
rate is zero or de minimis.
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 Zhongce,
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
8 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\16APN1.SGM
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Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / 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 will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
We are issuing and publishing the
final results and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
Comment 1: Whether to Apply Facts
Available to Zhongce’s Labor Hours
Comment 2: Whether to Apply Facts
Available to Zhongce’s Factory Overhead
Comment 3: Whether to Deduct VAT from
Export Price
Comment 4: Selection of the Primary
Surrogate Country
Comment 5: Selection of Surrogate Values for
Certain Material Inputs
A. Carbon Black
B. Bead Wire
C. Nylon Tire Cord
D. Natural Rubber
E. Gap-filling with Data from Another
Country
Comment 6: Selection of Surrogate Financial
Statements
[FR Doc. 2013–08894 Filed 4–15–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–838]
Seamless Refined Copper Pipe and
Tube From Mexico: Rescission, in Part,
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 16, 2013.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or David Crespo,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
17:58 Apr 15, 2013
Jkt 229001
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3874 or (202) 482–
3693, respectively.
Background:
On November 5, 2012, the Department
of Commerce (Department) published a
notice of opportunity to request an
administrative review of the
antidumping duty order on seamless
refined copper pipe and tube from
Mexico covering the period November
1, 2011, through October 31, 2012.1 The
Department received a timely request
for an antidumping duty administrative
review from the petitioners (i.e., Cerro
Flow Products, LLC; Wieland Copper
Products, LLC; Mueller Copper Tube
Products, Inc.; and Mueller Copper
Tube Company, Inc.) for the following
companies: 1) GD Affiliates S. de R.L. de
C.V. (Golden Dragon); 2) IUSA, S.A. de
C.V. (IUSA); 3) Luvata Juarez S. de R.L.
de C.V. (Luvata Juarez); 4) Luvata
Monterrey S. de R.L. de C.V. (Luvata
Monterrey); and 5) Nacional de Cobre,
S.A. de C.V. (Nacobre). The Department
also received timely requests for an
antidumping duty administrative review
from the following interested parties as
defined by section 771(9)(A) of the
Tariff Act of 1930, as amended (the Act):
(1) Golden Dragon; (2) Luvata
Monterrey; and (3) Nacobre. On
December 31, 2012, the Department
published a notice of initiation of
administrative review with respect to
these companies.2 On January 14, 2013,
the petitioners withdrew their request
for an administrative review for IUSA,
Luvata Juarez, and Luvata Monterrey.
On March 5, 2013, Luvata Monterrey
withdrew its own request for an
administrative review.
Rescission, In Part
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of notice of initiation of the
requested review. The petitioners’ and
Luvata Monterrey’s requests were
submitted within the 90-day period and,
thus, are timely. Since these
withdrawals of request for an
antidumping duty administrative review
are timely and because no other party
requested a review of these companies,
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 77 FR 66437
(Nov. 5, 2012).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 77017 (Dec.
31, 2012).
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22515
in accordance with 19 CFR
351.213(d)(1), we are rescinding this
administrative review with respect to
IUSA, Luvata Juarez, and Luvata
Monterrey. We note that we are
continuing the administrative review
with respect to Golden Dragon and
Nacobre.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
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 APO in accordance
with 19 CFR 351.305, 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.
This notice is issued and published in
accordance with section 777(i)(1) of the
Act, and 19 CFR 351.213(d)(4).
Dated: April 9, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–08901 Filed 4–15–13; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Pages 22513-22515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08894]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Final Rescission, in Part; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2012, the Department of Commerce
(``Department'') published the preliminary results of the 2010-2011
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,
2010, through August 31, 2011. This review covers one exporter:
Hangzhou Zhongce Rubber Co., Ltd. (``Zhongce'').
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Antidumping Duty Administrative Review;
2010-2011, 77 FR 61387 (October 9, 2012) (``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 Zhongce. The final
dumping margin for this review is listed in the ``Final Results
Margin'' section below.
DATES: Effective Date: April 16, 2013.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Eugene Degnan, 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-
4987 and (202) 482-0414, respectively.
Background
On October 9, 2012, the Department published its Preliminary
Results of the antidumping duty administrative review of OTR tires from
the PRC. Zhongce submitted publicly available information regarding
surrogate values on November 7, 2012. Petitioner and Zhongce submitted
case briefs on November 19, 2012, and rebuttal briefs on December 3,
2012.
Scope of the Order
The merchandise covered by this order includes new pneumatic tires
designed for off-the-road and off-highway use, subject to certain
exceptions. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00, 4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00, 4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. The HTSUS subheadings are provided
for convenience and customs purposes only. A full description of the
scope of the order is contained 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 2010-2011 Administrative Review of the Antidumping
Duty Order,'' dated April 9, 2013 (``Issues and Decision Memorandum'').
The written product description of the scope of the order is
dispositive.\2\
---------------------------------------------------------------------------
\2\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Notice of Amended Final Affirmative
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order, 73 FR 51624 (September 4, 2008).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this
[[Page 22514]]
review are addressed in the Issues and Decision Memorandum, which is
hereby adopted by this notice. A list of the issues that parties raised
and to which we responded in the Issues and Decision Memorandum follows
as an appendix to this notice. The Issues and Decision Memorandum is a
public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available in the Central Records Unit, 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.
Final Rescission, in Part, of the Administrative Review
In the Preliminary Results, the Department stated its intent to
rescind the review with respect to 78 companies that are part of the
PRC-wide entity, and for which a review request was withdrawn.\3\ The
Department did not receive any comments from interested parties with
respect to rescinding the review for these companies. As such, in
accordance with 19 CFR 351.213(d)(1), we are rescinding this review
with respect to these 78 companies.
---------------------------------------------------------------------------
\3\ See Preliminary Results, 77 FR at 61387 and 61389, Appendix
III.
---------------------------------------------------------------------------
Separate Rates
In proceedings involving non-market economy (``NME'') countries,
the Department maintains 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 subject merchandise 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.\4\
---------------------------------------------------------------------------
\4\ 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); see also 19 CFR 351.107(d).
---------------------------------------------------------------------------
In the Preliminary Results, we found that Zhongce demonstrated its
eligibility for separate-rate status.\5\ No party has placed any
evidence on the record of this review to contradict that finding.
Therefore, we continue to find that Zhongce is eligible for separate-
rate status.
---------------------------------------------------------------------------
\5\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum at 7.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on an analysis of the comments received, for the final
results, the Department made the following change to Zhongce's margin
calculation:
Surrogate Financial Ratios: We have used the 2011
financial statements for Hwa Fong Rubber (Thailand) Public Company
Limited and the 2010 financial statements for Goodyear (Thailand)
Public Company Limited to calculate average surrogate financial
ratios.\6\
---------------------------------------------------------------------------
\6\ See Memorandum to the File from Andrew Medley, titled
``Final Results of the 2010-2011 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 April 9, 2013 (``Surrogate Value Memorandum''), and Memorandum
to the File from Andrew Medley, titled ``2010-2011 Administrative
Review of the Antidumping Duty Order on Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China: Analysis of the
Final Results Margin Calculation for Zhongce,'' dated April 9, 2013
(``Zhongce Final Analysis Memorandum''); see also Issues and
Decision Memorandum at Comment 6.
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Carbon Black: We have used the Thai import data for
``Rubber Grade Carbon Black'' to value all carbon black inputs.\7\
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\7\ See Surrogate Value Memorandum and Zhongce Final Analysis
Memorandum; see also Issues and Decision Memorandum at Comment 5A.
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Final Results
We determine that the following weighted-average dumping margin
exists for the period September 1, 2010, through August 31, 2011:
OTR Tires From The PRC
------------------------------------------------------------------------
Weighted-
Exporter average margin
percent
------------------------------------------------------------------------
Hangzhou Zhongce Rubber Co., Ltd....................... 112.41
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``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. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we calculated importer-specific (or customer) per unit
duty assessment rates based on the ratio of the total amount of the
dumping margins calculated for the examined sales to the total sales
quantity of those same sales.\8\ In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
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\8\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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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 Zhongce, 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
[[Page 22515]]
destruction of proprietary information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return/destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding, in
accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Whether to Apply Facts Available to Zhongce's Labor Hours
Comment 2: Whether to Apply Facts Available to Zhongce's Factory
Overhead
Comment 3: Whether to Deduct VAT from Export Price
Comment 4: Selection of the Primary Surrogate Country
Comment 5: Selection of Surrogate Values for Certain Material Inputs
A. Carbon Black
B. Bead Wire
C. Nylon Tire Cord
D. Natural Rubber
E. Gap-filling with Data from Another Country
Comment 6: Selection of Surrogate Financial Statements
[FR Doc. 2013-08894 Filed 4-15-13; 8:45 am]
BILLING CODE 3510-DS-P
