Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 78814-78815 [2013-31117]
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78814
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
or the investigation, the cash-deposit
rate will continue to be the all-others
rate of 14.57 percent, which is the allothers rate established by the
Department in the LTFV investigation.9
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation,
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 18, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2013–31114 Filed 12–26–13; 8:45 am]
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BILLING CODE 3510–DS–P
9 See Notice of Antidumping Duty Orders:
Purified Carboxymethylcellulose from Finland,
Mexico, the Netherlands and Sweden, 70 FR 39734,
39735 (July 11, 2005).
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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 and Preliminary
Results of Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Zhongce Rubber Group
Company Limited (‘‘Zhongce’’)
requested 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’’) pursuant to
section 751(b)(1) of the Tariff Act of
1930, as amended (‘‘the Act’’) and 19
CFR 351.216(b). The Department of
Commerce (‘‘Department’’) is initiating
this changed circumstances review and
preliminarily determining, pursuant to
19 CFR 351.221(c)(3)(ii) that Zhongce is
the successor-in-interest to Hangzhou
Zhongce Rubber Co., Ltd. (‘‘Hangzhou’’).
DATES: Effective Date: December 27,
2013.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Brendan Quinn, 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 202–482–5848,
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, in the third administrative
review, Hangzhou received its own
calculated rate of 112.41 percent.2
On November 5, 2013, Zhongce
requested that the Department conduct
a changed circumstances review of the
Order to confirm that Zhongce is the
successor-in-interest to Hangzhou.3 In
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 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review and
Final Rescission, in Part; 2010–2011, 78 FR 22513
(April 16, 2013).
3 See Letter from Zhongce to the Department
titled ‘‘New Pneumatic Off-The-Road Tires from the
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
its submission, Zhongce explained that
the only change was to the name of the
company, and provided evidence
supporting its claim.4
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.5 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.
Initiation and Preliminary Results
Pursuant to section 751(b)(1) of 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. As indicated in the ‘‘Background’’
section, we received information
indicating that Hangzhou changed its
name to Zhongce, effective August 19,
2013. This constitutes changed
circumstances warranting a review of
the order.6 Therefore, in accordance
with section 751(b)(1) of the Act and 19
CFR 351.216(d) and (e), we are initiating
a changed circumstances review based
upon the information contained in
Zhongce’s submission.
Section 351.221(c)(3)(ii) of the
Department’s regulations permits the
Department to combine the notice of
initiation of a changed circumstances
review and the notice of preliminary
results if the Department concludes that
expedited action is warranted. In this
instance, because the record contains
information necessary to make a
preliminary finding, we find that
expedited action is warranted and have
PRC: Request for Hangzhou Zhongce Rubber Co.,
Ltd. for Changed Circumstances Review’’
(November 5, 2013) (‘‘Zhongce Request for CCR’’).
4 Id. at 2–3 and Attachments 1, 2, and 3.
5 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, 2013), and
accompanying Issues and Decision Memorandum at
‘‘Scope.’’
6 See 19 CFR 351.216(d).
E:\FR\FM\27DEN1.SGM
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Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
combined the notice of initiation and
the notice of preliminary results.
In this changed circumstances review,
pursuant to section 751(b) of the Act,
the Department conducted a successorin-interest analysis. In making a
successor-in-interest determination, the
Department examines several factors,
including, but not limited to, changes in
the following: (1) Management; (2)
production facilities; (3) supplier
relationships; and (4) customer base.7
While no single factor or combination of
factors will necessarily provide a
dispositive indication of a successor-ininterest relationship, generally, the
Department will consider the new
company to be the successor to the
previous company if the new company’s
resulting operation is not materially
dissimilar to that of its predecessor.8
Thus, if the record evidence
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.9
In accordance with 19 CFR 351.216,
we preliminarily determine that
Zhongce is the successor-in-interest to
Hangzhou. Record evidence, as
submitted by Zhongce, indicates that
the only change undergone was that of
the name, from ‘‘Hangzhou Zhongce
Rubber Co., Ltd.’’ to ‘‘Zhongce Rubber
Group Company Limited.’’10
Specifically, Zhongce provided a board
of directors resolution authorizing the
change of company name and specifying
that the registered capital and business
scope of the company were to remain
the same;11 a notarized notice of change
in registration, affixed with the sign and
seal of the Hangzhou Municipal
Administration for Industry and
Commerce, showing the change of
names;12 and a copy of its new business
license showing Zhongce’s new name.13
In summary, Zhongce presented
evidence to support its claim of
successorship and the change in name
did not impact any of the criteria that
the Department typically looks to when
making a changed circumstances
determination.
We find that the evidence provided by
Zhongce is sufficient to preliminarily
determine that the change of its
corporate name from Hangzhou to
Zhongce did not affect the company’s
operations in a meaningful way.
Therefore, based on the aforementioned
reasons, we preliminarily determine
that Zhongce is the successor-in-interest
to Hangzhou and, thus, should receive
the same antidumping duty treatment
with respect to OTR tires from the PRC
as the former Hangzhou.
Public Comment
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of publication of this
notice. In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the case briefs,
in accordance with 19 CFR 351.309(d).
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
changed circumstances review no later
than 270 days after the date on which
this review was initiated, or within 45
days if all parties agree to our
preliminary finding. This notice is
published in accordance with sections
751(b)(1) and 777(i) of the Act and 19
CFR 351.216(b), 351.221(b) and
351.221(c)(3).
Dated: December 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2013–31117 Filed 12–26–13; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
7 See,
e.g., Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber From Japan, 67 FR
58 (January 2, 2002).
8 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).
9 See, e.g., Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea; Preliminary Results of
Antidumping Duty Changed Circumstances Review,
63 FR 14679 (March 26, 1998), unchanged in
Circular Welded Non-Alloy Steel Pipe From Korea;
Final Results of Antidumping Duty Changed
Circumstances Review, 63 FR 20572 (April 27,
1998), in which the Department found that a
company which only changed its name and did not
change its operations is a successor-in-interest to
the company before it changed its name.
10 See Zhongce Request for CCR.
11 Id. at Attachment 1.
12 Id. at Attachment 2.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–941]
Certain Kitchen Appliance Shelving
and Racks from the People’s Republic
of China: Rescission of Antidumping
Duty Administrative Review; 2012–
2013
Enforcement and Compliance,
formerly Import Administration,
AGENCY:
13 Id.
PO 00000
at Attachment 3.
Frm 00006
Fmt 4703
Sfmt 4703
78815
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is rescinding the
administrative review of the
antidumping duty order on certain
kitchen appliance shelving and racks
from the People’s Republic of China
(‘‘PRC’’) for the period of review
(‘‘POR’’) September 1, 2012, through
August 31, 2013. This rescission is
based on the timely withdrawal of the
request for review by the only interested
party that requested a review.
DATES: Effective Date: December 27,
2013.
FOR FURTHER INFORMATION CONTACT:
Emeka Chukwudebe, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
(202) 482–0219.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2013, the
Department published in the Federal
Register a notice of opportunity to
request an administrative review of the
antidumping duty order on certain
kitchen appliance shelving and racks
from the PRC.1 On September 30, 2013,
the Department received a timely
request from U.S. importer Electrolux
North America, Inc., Electrolux Home
Products, Inc., and Electrolux Major
Appliances (collectively ‘‘Electrolux’’)
to conduct an administrative review of
Jiangsu Weixi Group Co. (‘‘Weixi’’).2 On
November 8, 2013, in response to
Electrolux’s September 30, 2013,
request, the Department initiated an
administrative review of the
antidumping duty order on certain
kitchen appliance shelving and racks
from the PRC.3 On December 4, 2013,
Electrolux withdrew its request for an
administrative review of Weixi.4
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 78 FR 54235
(September 3, 2013).
2 See letter from Electrolux to the Department
titled, ‘‘Kitchen Appliance Shelving and Racks from
the People’s Republic of China: Withdrawal of
Request for Administrative Review’’ (December 4,
2013) (‘‘Electrolux Withdrawal Request’’).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation In Part, 78 FR 67104
(November 8, 2013); see also section 751(a) of the
Tariff Act of 1930, as amended (‘‘the Act’’) and 19
CFR 351.221(c)(l)(i).
4 See Electrolux Withdrawal Request.
E:\FR\FM\27DEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 78814-78815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31117]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: Zhongce Rubber Group Company Limited (``Zhongce'') requested 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'') pursuant to section 751(b)(1) of the Tariff
Act of 1930, as amended (``the Act'') and 19 CFR 351.216(b). The
Department of Commerce (``Department'') is initiating this changed
circumstances review and preliminarily determining, pursuant to 19 CFR
351.221(c)(3)(ii) that Zhongce is the successor-in-interest to Hangzhou
Zhongce Rubber Co., Ltd. (``Hangzhou'').
DATES: Effective Date: December 27, 2013.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Brendan Quinn, 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 202-482-5848,
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, in the third administrative review, Hangzhou received its
own calculated rate of 112.41 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\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in Part; 2010-2011, 78
FR 22513 (April 16, 2013).
---------------------------------------------------------------------------
On November 5, 2013, Zhongce requested that the Department conduct
a changed circumstances review of the Order to confirm that Zhongce is
the successor-in-interest to Hangzhou.\3\ In its submission, Zhongce
explained that the only change was to the name of the company, and
provided evidence supporting its claim.\4\
---------------------------------------------------------------------------
\3\ See Letter from Zhongce to the Department titled ``New
Pneumatic Off-The-Road Tires from the PRC: Request for Hangzhou
Zhongce Rubber Co., Ltd. for Changed Circumstances Review''
(November 5, 2013) (``Zhongce Request for CCR'').
\4\ Id. at 2-3 and Attachments 1, 2, and 3.
---------------------------------------------------------------------------
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.\5\ 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.
---------------------------------------------------------------------------
\5\ 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, 2013), and accompanying Issues and
Decision Memorandum at ``Scope.''
---------------------------------------------------------------------------
Initiation and Preliminary Results
Pursuant to section 751(b)(1) of 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. As indicated in the ``Background''
section, we received information indicating that Hangzhou changed its
name to Zhongce, effective August 19, 2013. This constitutes changed
circumstances warranting a review of the order.\6\ Therefore, in
accordance with section 751(b)(1) of the Act and 19 CFR 351.216(d) and
(e), we are initiating a changed circumstances review based upon the
information contained in Zhongce's submission.
---------------------------------------------------------------------------
\6\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
Section 351.221(c)(3)(ii) of the Department's regulations permits
the Department to combine the notice of initiation of a changed
circumstances review and the notice of preliminary results if the
Department concludes that expedited action is warranted. In this
instance, because the record contains information necessary to make a
preliminary finding, we find that expedited action is warranted and
have
[[Page 78815]]
combined the notice of initiation and the notice of preliminary
results.
In this changed circumstances review, pursuant to section 751(b) of
the Act, the Department conducted a successor-in-interest analysis. In
making a successor-in-interest determination, the Department examines
several factors, including, but not limited to, changes in the
following: (1) Management; (2) production facilities; (3) supplier
relationships; and (4) customer base.\7\ While no single factor or
combination of factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, generally, the
Department will consider the new company to be the successor to the
previous company if the new company's resulting operation is not
materially dissimilar to that of its predecessor.\8\ Thus, if the
record evidence 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.\9\
---------------------------------------------------------------------------
\7\ See, e.g., Notice of Final Results of Changed Circumstances
Antidumping Duty Administrative Review: Polychloroprene Rubber From
Japan, 67 FR 58 (January 2, 2002).
\8\ 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).
\9\ See, e.g., Circular Welded Non-Alloy Steel Pipe From the
Republic of Korea; Preliminary Results of Antidumping Duty Changed
Circumstances Review, 63 FR 14679 (March 26, 1998), unchanged in
Circular Welded Non-Alloy Steel Pipe From Korea; Final Results of
Antidumping Duty Changed Circumstances Review, 63 FR 20572 (April
27, 1998), in which the Department found that a company which only
changed its name and did not change its operations is a successor-
in-interest to the company before it changed its name.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.216, we preliminarily determine that
Zhongce is the successor-in-interest to Hangzhou. Record evidence, as
submitted by Zhongce, indicates that the only change undergone was that
of the name, from ``Hangzhou Zhongce Rubber Co., Ltd.'' to ``Zhongce
Rubber Group Company Limited.''\10\ Specifically, Zhongce provided a
board of directors resolution authorizing the change of company name
and specifying that the registered capital and business scope of the
company were to remain the same;\11\ a notarized notice of change in
registration, affixed with the sign and seal of the Hangzhou Municipal
Administration for Industry and Commerce, showing the change of
names;\12\ and a copy of its new business license showing Zhongce's new
name.\13\ In summary, Zhongce presented evidence to support its claim
of successorship and the change in name did not impact any of the
criteria that the Department typically looks to when making a changed
circumstances determination.
---------------------------------------------------------------------------
\10\ See Zhongce Request for CCR.
\11\ Id. at Attachment 1.
\12\ Id. at Attachment 2.
\13\ Id. at Attachment 3.
---------------------------------------------------------------------------
We find that the evidence provided by Zhongce is sufficient to
preliminarily determine that the change of its corporate name from
Hangzhou to Zhongce did not affect the company's operations in a
meaningful way. Therefore, based on the aforementioned reasons, we
preliminarily determine that Zhongce is the successor-in-interest to
Hangzhou and, thus, should receive the same antidumping duty treatment
with respect to OTR tires from the PRC as the former Hangzhou.
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of publication of this notice. In accordance
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than five days after the case briefs, in
accordance with 19 CFR 351.309(d).
Consistent with 19 CFR 351.216(e), we will issue the final results
of this changed circumstances review no later than 270 days after the
date on which this review was initiated, or within 45 days if all
parties agree to our preliminary finding. This notice is published in
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR
351.216(b), 351.221(b) and 351.221(c)(3).
Dated: December 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-31117 Filed 12-26-13; 8:45 am]
BILLING CODE 3510-DS-P
