Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Initiation of Changed Circumstances Review, 64913-64914 [2013-25821]

Download as PDF Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Notices at the facilities of the Delaware City Refining Company LLC, located in New Castle County, Delaware, as described in the application and Federal Register notice, subject to the FTZ Act and the Board’s regulations, including Section 400.13. Signed at Washington, DC, this 30th day of September 2013. Paul Piquado, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–25257 Filed 10–29–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Initiation of Changed Circumstances Review Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on certain new pneumatic off-the-road tires (‘‘OTR tires’’) from the People’s Republic of China (‘‘PRC’’). Specifically, based upon a request filed by Shandong Linglong Tyre Co., Ltd. (‘‘Shandong Linglong’’), an exporter to the United States of subject merchandise, the Department is initiating a changed circumstances review to determine whether Shandong Linglong is the successor-in-interest to Zhaoyuan Leo Rubber Co., Ltd. (‘‘Leo Rubber’’), a separate-rate respondent in the original investigation. DATES: Effective: October 30, 2013. FOR FURTHER INFORMATION CONTACT: Andrew Medley or Eugene Degnan, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–4987 or 202–482–0414, respectively. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: Background On September 4, 2008, the Department published in the Federal Register an antidumping duty order on VerDate Mar<15>2010 16:58 Oct 29, 2013 Jkt 232001 OTR tires from the PRC.1 Under the Order, Leo Rubber received the separate-rate respondent amended rate of 12.91 percent.2 On August 26, 2013, Shandong Linglong filed a submission requesting that the Department conduct a changed circumstances review of the Order to confirm that Shandong Linglong is the successor-in-interest to Leo Rubber. In its submission, Shandong Linglong provided a board of directors resolution authorizing the change of company name; a notice from the Yantai City Administration for Industry and Commerce approving the name change from Leo Rubber to Shandong Linglong; business licenses for Leo Rubber and Shandong Linglong, before and after the name change, respectively; legal structure charts and company management before and after the name change; and a list of suppliers before and after the name change.3 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.4 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 1 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) (‘‘Order’’). 2 On August 30, 2012, the Department published in the Federal Register a final determination, under section 129 of the Uruguay Round Agreements Act (‘‘URAA’’), regarding the antidumping duty investigation on OTR Tires from the PRC. See Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled Rectangular Pipe and Tube From the People’s Republic of China, 77 FR 52683 (August 30, 2012). As part the Department’s final determination under section 129 of the URAA, Leo Rubber was assigned a revised cash deposit rate of 12.83 percent. Id., 77 FR at 51627. 3 See Letter from Shandong Linglong to the Department regarding New Pneumatic Off-TheRoad Tires from the People’s Republic of China: Request for Changed Circumstances Review (August 26, 2013). 4 For a complete description of the Scope of the Order, see Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Final Results of Antidumping Duty New Shipper Review; 2011–2012, 78 FR 33341 (June 4, 4013), and accompanying Issues and Decision Memorandum at ‘‘Scope’’. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 64913 convenience and customs purposes only; the written product description of the scope of the order is dispositive. Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from, an interested party for a review of an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In the event that the Department determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices of initiation and preliminary results. In accordance with 19 CFR 351.216(d), the Department has determined that the information submitted by Shandong Linglong constitutes sufficient evidence to conduct a changed circumstances review. In an antidumping duty changed circumstances review involving a successor-in-interest determination, the Department typically examines several factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.5 While no single factor or combination of factors will necessarily be dispositive, the Department generally will consider the new company to be the successor to the predecessor if the resulting operations are essentially the same as those of the predecessor company.6 Thus, if the record demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, the Department may assign the new company the cash deposit rate of its predecessor.7 Based on the information provided in its submission, Shandong Linglong has provided sufficient evidence to warrant a review to determine if it is the successor-in-interest to Leo Rubber. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we 5 See, e.g., Certain Activated Carbon From the People’s Republic of China: Notice of Initiation of Changed Circumstances Review, 74 FR 19934, 19935 (April 30, 2009). 6 See, e.g., Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January 4, 2006). 7 See, e.g., Fresh and Chilled Atlantic Salmon From Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999). E:\FR\FM\30OCN1.SGM 30OCN1 64914 Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Notices are initiating a changed circumstances review.8 However, the Department finds its necessary to issue a questionnaire requesting additional information for the review as provided for by 19 CFR 351.221(b)(2). For that reason, the Department is not conducting this review on an expedited basis by publishing preliminary results in conjunction with this notice of initiation. The Department will publish in the Federal Register a notice of the preliminary results of the antidumping duty changed circumstances review, in accordance with 19 CFR 351.221(b)(4), and 19 CFR 351.221(c)(3)(i). That notice will set forth the factual and legal conclusions upon which our preliminary results are based and a description of any action proposed. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of review. In accordance with 19 CFR 351.216(e), the Department will issue the final results of its antidumping duty changed circumstances review not later than 270 days after the date on which the review is initiated, or not later than 45 days if all parties to the proceeding agree to the outcome of the review. This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1). Dated: October 24, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–25821 Filed 10–29–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–122–853] Citric Acid and Certain Citrate Salts From Canada: Final Results of Antidumping Duty Administrative Review; 2011–2012 Enforcement and Compliance, formerly Import Administration, AGENCY: emcdonald on DSK67QTVN1PROD with NOTICES 8 As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013. See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). Therefore, the deadline for the initiation of this changed circumstances review has been extended by 16 days; the revised deadline is now October 28, 2013. VerDate Mar<15>2010 16:58 Oct 29, 2013 Jkt 232001 International Trade Administration, Department of Commerce. SUMMARY: On June 7, 2013, the Department of Commerce (the Department) published the preliminary results of the third administrative review of the antidumping duty order on citric acid and certain citrate salts from Canada.1 The review covers one producer and exporter of the subject merchandise, Jungbunzlauer Canada Inc. (JBL Canada). The period of review (POR) is May 1, 2011, through April 30, 2012. Based on our analysis of the comments received, we have made no changes to our calculations. Therefore, the final results do not differ from the preliminary results. The final weightedaverage dumping margin for JBL Canada is listed below in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective: October 30, 2013. FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482–4007 or (202) 482– 4929, respectively. SUPPLEMENTARY INFORMATION: Background The review covers one producer and exporter of the subject merchandise, JBL Canada. On June 7, 2013, the Department published in the Federal Register the preliminary results of administrative review of the antidumping duty order on citric acid and certain citrate salts from Canada. We invited parties to comment on the preliminary results of the review. In July 2013, we received case and rebuttal briefs from Archer Daniels Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients Americas LLC (collectively, the petitioners) and JBL Canada. On July 8, 2013, the petitioners requested that the Department conduct a hearing in this review. On August 1, 2013, the petitioners withdrew their hearing request. The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). the United States (HTSUS) at item numbers 2918.14.0000 and 2918.15.1000, 2918.15.5000 and 3824.90.9290. Although the HTSUS numbers are provided for convenience and customs purposes, the full written scope description, as published in the antidumping duty order 2 and described in the memorandum entitled ‘‘Issues and Decision Memorandum for the Final Results of the 2011–2012 Antidumping Duty Administrative Review of Citric Acid and Certain Citrate Salts from Canada’’ (Issues and Decision Memorandum), remains dispositive. Period of Review The POR is May 1, 2011, through April 30, 2012. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the memorandum entitled, ‘‘Issues and Decision Memorandum for the Final Results of the 2011–2012 Antidumping Duty Administrative Review of Citric Acid and Certain Citrate Salts from Canada’’ (Issues and Decision Memo), which is dated concurrently with, and adopted by, this notice. A list of the issues which parties raised and to which we respond in the Issues and Decision Memo is attached to this notice as Appendix I. The Issues and Decision Memo is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and 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 Memo can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Issues and Decision Memo and the electronic version of the Issues and Decision Memo are identical in content. Changes Since the Preliminary Results Scope of the Order The merchandise covered by this order is citric acid and certain citrate salts. The product is currently classified in the Harmonized Tariff Schedule of Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we have made no changes to our calculations. Therefore, the final results do not differ from the preliminary results. 1 See Citric Acid and Certain Citrate Salts from Canada: Preliminary Results of Antidumping Duty Administrative Review; 2011–2012, 78 FR 34338 (June 7, 2013) (Preliminary Results). 2 Citric Acid and Certain Citrate Salts from Canada and the People’s Republic of China: Antidumping Duty Orders, 74 FR 25703 (May 29, 2009) (Citric Acid Duty Orders). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Notices]
[Pages 64913-64914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25821]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-912]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Initiation of Changed Circumstances Review

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

SUMMARY: The Department of Commerce (``the Department'') has received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on certain new pneumatic off-the-
road tires (``OTR tires'') from the People's Republic of China 
(``PRC''). Specifically, based upon a request filed by Shandong 
Linglong Tyre Co., Ltd. (``Shandong Linglong''), an exporter to the 
United States of subject merchandise, the Department is initiating a 
changed circumstances review to determine whether Shandong Linglong is 
the successor-in-interest to Zhaoyuan Leo Rubber Co., Ltd. (``Leo 
Rubber''), a separate-rate respondent in the original investigation.

DATES: Effective: October 30, 2013.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Eugene Degnan, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: 202-482-4987 or 202-482-0414, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 4, 2008, the Department published in the Federal 
Register an antidumping duty order on OTR tires from the PRC.\1\ Under 
the Order, Leo Rubber received the separate-rate respondent amended 
rate of 12.91 percent.\2\
---------------------------------------------------------------------------

    \1\ 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) (``Order'').
    \2\ On August 30, 2012, the Department published in the Federal 
Register a final determination, under section 129 of the Uruguay 
Round Agreements Act (``URAA''), regarding the antidumping duty 
investigation on OTR Tires from the PRC. See Implementation of 
Determinations Under Section 129 of the Uruguay Round Agreements 
Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded 
Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled 
Rectangular Pipe and Tube From the People's Republic of China, 77 FR 
52683 (August 30, 2012). As part the Department's final 
determination under section 129 of the URAA, Leo Rubber was assigned 
a revised cash deposit rate of 12.83 percent. Id., 77 FR at 51627.
---------------------------------------------------------------------------

    On August 26, 2013, Shandong Linglong filed a submission requesting 
that the Department conduct a changed circumstances review of the Order 
to confirm that Shandong Linglong is the successor-in-interest to Leo 
Rubber. In its submission, Shandong Linglong provided a board of 
directors resolution authorizing the change of company name; a notice 
from the Yantai City Administration for Industry and Commerce approving 
the name change from Leo Rubber to Shandong Linglong; business licenses 
for Leo Rubber and Shandong Linglong, before and after the name change, 
respectively; legal structure charts and company management before and 
after the name change; and a list of suppliers before and after the 
name change.\3\
---------------------------------------------------------------------------

    \3\ See Letter from Shandong Linglong to the Department 
regarding New Pneumatic Off-The-Road Tires from the People's 
Republic of China: Request for Changed Circumstances Review (August 
26, 2013).
---------------------------------------------------------------------------

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.\4\ 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; the written product 
description of the scope of the order is dispositive.
---------------------------------------------------------------------------

    \4\ For a complete description of the Scope of the Order, see 
Certain New Pneumatic Off-the-Road Tires From the People's Republic 
of China: Final Results of Antidumping Duty New Shipper Review; 
2011-2012, 78 FR 33341 (June 4, 4013), and accompanying Issues and 
Decision Memorandum at ``Scope''.
---------------------------------------------------------------------------

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act''), the Department will conduct a changed circumstances 
review upon receipt of information concerning, or a request from, an 
interested party for a review of an antidumping duty order which shows 
changed circumstances sufficient to warrant a review of the order. In 
the event that the Department determines that expedited action is 
warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine 
the notices of initiation and preliminary results.
    In accordance with 19 CFR 351.216(d), the Department has determined 
that the information submitted by Shandong Linglong constitutes 
sufficient evidence to conduct a changed circumstances review. In an 
antidumping duty changed circumstances review involving a successor-in-
interest determination, the Department typically examines several 
factors including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\5\ While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor if the resulting 
operations are essentially the same as those of the predecessor 
company.\6\ Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash deposit rate of its 
predecessor.\7\
---------------------------------------------------------------------------

    \5\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \6\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327 (January 4, 2006).
    \7\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
---------------------------------------------------------------------------

    Based on the information provided in its submission, Shandong 
Linglong has provided sufficient evidence to warrant a review to 
determine if it is the successor-in-interest to Leo Rubber. Therefore, 
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we

[[Page 64914]]

are initiating a changed circumstances review.\8\ However, the 
Department finds its necessary to issue a questionnaire requesting 
additional information for the review as provided for by 19 CFR 
351.221(b)(2). For that reason, the Department is not conducting this 
review on an expedited basis by publishing preliminary results in 
conjunction with this notice of initiation. The Department will publish 
in the Federal Register a notice of the preliminary results of the 
antidumping duty changed circumstances review, in accordance with 19 
CFR 351.221(b)(4), and 19 CFR 351.221(c)(3)(i). That notice will set 
forth the factual and legal conclusions upon which our preliminary 
results are based and a description of any action proposed. Pursuant to 
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity 
to comment on the preliminary results of review. In accordance with 19 
CFR 351.216(e), the Department will issue the final results of its 
antidumping duty changed circumstances review not later than 270 days 
after the date on which the review is initiated, or not later than 45 
days if all parties to the proceeding agree to the outcome of the 
review.
---------------------------------------------------------------------------

    \8\ As explained in the memorandum from the Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from October 1, through October 16, 2013. See 
Memorandum for the Record from Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (October 18, 2013). Therefore, the deadline 
for the initiation of this changed circumstances review has been 
extended by 16 days; the revised deadline is now October 28, 2013.
---------------------------------------------------------------------------

    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

     Dated: October 24, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-25821 Filed 10-29-13; 8:45 am]
BILLING CODE 3510-DS-P