Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Initiation of Changed Circumstances Review, 64913-64914 [2013-25821]
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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 https://
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 https://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
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Fmt 4703
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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]
-----------------------------------------------------------------------
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
