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]

Download as PDF 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. VerDate Mar<15>2010 16:44 Dec 19, 2013 Jkt 232001 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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). E:\FR\FM\20DEN1.SGM 20DEN1 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 http:// 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 http:// 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.’’ VerDate Mar<15>2010 16:44 Dec 19, 2013 Jkt 232001 PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 [FR Doc. 2013–30350 Filed 12–19–13; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\20DEN1.SGM 20DEN1

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]


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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 
http://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 http://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