Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order, 77101-77102 [2013-30350]
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Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Notices
generally will not accept business
proprietary information in either the
surrogate value submissions or the
rebuttals thereto, as the regulation
regarding the submission of surrogate
values allows only for the submission of
publicly available information.24
emcdonald on DSK4SPTVN1PROD with NOTICES
Assessment Rates
Upon issuing the final results of
review, the Department will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.25 If a respondent’s
weighted-average dumping margin is
above de minimis (i.e., 0.50 percent) in
the final results of this review, we will
calculate an importer-specific
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of those
sales in accordance with 19 CFR
351.212(b)(1). Specifically, the
Department will apply the assessment
rate calculation method adopted in
Final Modification for Reviews, i.e., on
the basis of monthly average-to-average
comparisons using only the transactions
associated with that importer with
offsets being provided for non-dumped
comparisons.26 Where an importer- (or
customer-) specific ad valorem rate is
zero or de minimis, we will instruct CBP
to liquidate appropriate entries without
regard to antidumping duties.27
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME cases.28
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
PRC-wide rate.29 The Department
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and the
accompanying Issues and Decision Memorandum at
Comment 2.
24 See 19 CFR 351.301(c)(3).
25 See 19 CFR 351.212(b)(1).
26 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (Final Modification for
Reviews).
27 See 19 CFR 351.106(c)(2).
28 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
29 Id.
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intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of the 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 shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the separaterate respondents in this review, the cash
deposit rate will be that established in
the final results of review (except, if the
rate is zero or de minimis, then zero
cash deposit will be required); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; 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,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary
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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: December 16, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Preliminary Determination of No
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77101
Shipments
E. Discussion of the Methodology
1. Nonmarket Economy Country Status
2. Separate Rates
3. Surrogate Country
F. Affiliation
G. Fair Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
3. U.S. Price
4. Normal Value
5. Factor Valuations
H. Currency Conversion
I. Recommendation
[FR Doc. 2013–30338 Filed 12–19–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–913]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of the Expedited
Sunset Review of the Countervailing
Duty Order
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 20,
2013.
SUMMARY: On August 1, 2013, the
Department of Commerce
(‘‘Department’’) initiated a sunset
review of the countervailing duty order
on certain new pneumatic off-the-road
tires (OTR Tires) from the People’s
Republic of China (PRC). The
Department finds that revocation of this
countervailing duty order (CVD) would
be likely to lead to the continuation or
recurrence of net countervailable
subsidies at the rates in the ‘‘Final
Results of Review’’ section of this
notice.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–4261.
SUPPLEMENTARY INFORMATION:
Background
The CVD order on OTR Tires from the
PRC was published on September 4,
2008.1 On August 1, 2013, the
Department initiated a sunset review of
the order, pursuant to section 751(c) of
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Countervailing
Duty Order, 73 FR 51627 (September 4, 2008).
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77102
Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Notices
the Tariff Act of 1930, as amended (the
Act).2 The Department received a notice
of intent to participate from Titan Tire
Corporation (Titan), a domestic
interested party, within the deadline
specified in 19 CFR 351.218(d)(1)(i).
The Department received an adequate
substantive response to the notice of
initiation from the domestic interested
party within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).
The Department received no substantive
responses from the Government of
China (GOC) and respondent interested
parties.
The regulations provide, at 19 CFR
351.218(e)(1)(ii)(A), that the Department
will normally conclude that respondent
interested parties have provided
adequate response to a notice of
initiation where it receives complete
substantive responses from respondent
interested parties accounting on average
for more than 50 percent, on a volume
basis (or a value basis, if appropriate),
of the total exports of the subject
merchandise to the United States over
the five calendar years preceding the
year of publication of the notice of
initiation. Moreover, in a sunset review
of a CVD order, the Department will
normally conduct a full review only if
it receives adequate responses from
domestic and respondent interested
parties and a complete substantive
response from the foreign government.3
Because the Department received no
responses from the GOC and respondent
interested parties, the Department is
conducting an expedited (120-day)
sunset review of the CVD order on OTR
Tires from the PRC pursuant to 19 CFR
351.218(e)(1)(ii)(C)(2).
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, 2013.4
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days.
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; the written product description of
the scope of the order is dispositive.
A complete description of the scope
of the order is contained in the Issues
and Decision Memorandum (‘‘Issues
and Decision Memorandum’’) from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration,
dated December 16, 2013, which is
hereby adopted by this notice. The
Issues and Decision Memorandum is on
file electronically via Import
Administration’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 in room 7046 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum. The issues discussed in
the Issues and Decision Memorandum
include the likelihood of continuation
or recurrence of a countervailable
subsidy and the net countervailable
subsidy likely to prevail if the order was
revoked. Parties can find a complete
discussion of all issues raised in this
review and the corresponding
recommendations in this public
memorandum.
Final Results of Review
Pursuant to sections 752(b)(1) and (3)
of the Act, the Department determines
that revocation of the CVD order on
OTR Tires from the PRC would be likely
to lead to continuation or recurrence of
countervailable subsidies at the
following net countervailable subsidy
rates:
Net countervailable subsidy
(percent)
Manufacturers/exporters/producers
emcdonald on DSK4SPTVN1PROD with NOTICES
Guizhou Tire Co., Ltd ................................................................................................................................................
Hebei Starbright Co., Ltd ...........................................................................................................................................
Tianjin United Tire and Rubber International Co., Ltd ..............................................................................................
All others ....................................................................................................................................................................
2.52
35.13
6.85
5.65
This notice also serves as the only
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.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
The Department is issuing and
publishing these final results and this
notice in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act.
Dated: December 16, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
2 See Initiation of Five-Year (‘‘Sunset’’ ’) Review,
78 FR 46575 (August 1, 2013).
3 See 19 CFR 351.218(e)(2) and
351.218(e)(1)(ii)(B) and (C).
4 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government.’’
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[FR Doc. 2013–30350 Filed 12–19–13; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77101-77102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30350]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-913]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of the Expedited Sunset Review of the
Countervailing Duty Order
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: December 20, 2013.
SUMMARY: On August 1, 2013, the Department of Commerce (``Department'')
initiated a sunset review of the countervailing duty order on certain
new pneumatic off-the-road tires (OTR Tires) from the People's Republic
of China (PRC). The Department finds that revocation of this
countervailing duty order (CVD) would be likely to lead to the
continuation or recurrence of net countervailable subsidies at the
rates in the ``Final Results of Review'' section of this notice.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
4261.
SUPPLEMENTARY INFORMATION:
Background
The CVD order on OTR Tires from the PRC was published on September
4, 2008.\1\ On August 1, 2013, the Department initiated a sunset review
of the order, pursuant to section 751(c) of
[[Page 77102]]
the Tariff Act of 1930, as amended (the Act).\2\ The Department
received a notice of intent to participate from Titan Tire Corporation
(Titan), a domestic interested party, within the deadline specified in
19 CFR 351.218(d)(1)(i). The Department received an adequate
substantive response to the notice of initiation from the domestic
interested party within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). The Department received no substantive responses from
the Government of China (GOC) and respondent interested parties.
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Countervailing Duty Order, 73 FR 51627
(September 4, 2008).
\2\ See Initiation of Five-Year (``Sunset'' ') Review, 78 FR
46575 (August 1, 2013).
---------------------------------------------------------------------------
The regulations provide, at 19 CFR 351.218(e)(1)(ii)(A), that the
Department will normally conclude that respondent interested parties
have provided adequate response to a notice of initiation where it
receives complete substantive responses from respondent interested
parties accounting on average for more than 50 percent, on a volume
basis (or a value basis, if appropriate), of the total exports of the
subject merchandise to the United States over the five calendar years
preceding the year of publication of the notice of initiation.
Moreover, in a sunset review of a CVD order, the Department will
normally conduct a full review only if it receives adequate responses
from domestic and respondent interested parties and a complete
substantive response from the foreign government.\3\ Because the
Department received no responses from the GOC and respondent interested
parties, the Department is conducting an expedited (120-day) sunset
review of the CVD order on OTR Tires from the PRC pursuant to 19 CFR
351.218(e)(1)(ii)(C)(2).
---------------------------------------------------------------------------
\3\ See 19 CFR 351.218(e)(2) and 351.218(e)(1)(ii)(B) and (C).
---------------------------------------------------------------------------
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.\4\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days.
---------------------------------------------------------------------------
\4\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government.''
---------------------------------------------------------------------------
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; the written product description of the scope of
the order is dispositive.
A complete description of the scope of the order is contained in
the Issues and Decision Memorandum (``Issues and Decision Memorandum'')
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Import Administration, dated December 16, 2013,
which is hereby adopted by this notice. The Issues and Decision
Memorandum is on file electronically via Import Administration'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 in room 7046
of the main Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and electronic versions of the Issues and Decision
Memorandum are identical in content.
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum. The issues discussed in the Issues and Decision
Memorandum include the likelihood of continuation or recurrence of a
countervailable subsidy and the net countervailable subsidy likely to
prevail if the order was revoked. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendations in this public memorandum.
Final Results of Review
Pursuant to sections 752(b)(1) and (3) of the Act, the Department
determines that revocation of the CVD order on OTR Tires from the PRC
would be likely to lead to continuation or recurrence of
countervailable subsidies at the following net countervailable subsidy
rates:
------------------------------------------------------------------------
Net countervailable subsidy
Manufacturers/exporters/producers (percent)
------------------------------------------------------------------------
Guizhou Tire Co., Ltd..................... 2.52
Hebei Starbright Co., Ltd................. 35.13
Tianjin United Tire and Rubber 6.85
International Co., Ltd...................
All others................................ 5.65
------------------------------------------------------------------------
This notice also serves as the only 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. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
The Department is issuing and publishing these final results and
this notice in accordance with sections 751(c), 752(b), and 777(i)(1)
of the Act.
Dated: December 16, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-30350 Filed 12-19-13; 8:45 am]
BILLING CODE 3510-DS-P
