Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Changed Circumstances Review, 21731-21733 [2014-08799]
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Notices
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CONTACT. All reasonable
accommodation requests are managed
on a case by case basis.
Dated: April 11, 2014.
Bill Pell,
Designated Federal Official.
DEPARTMENT OF COMMERCE
Economic Development Administration
Notice of Petitions by Firms for
Determination of Eligibility To Apply
for Trade Adjustment Assistance
Economic Development
Administration, Department of
Commerce.
ACTION: Notice and opportunity for
public comment.
AGENCY:
[FR Doc. 2014–08721 Filed 4–16–14; 8:45 am]
BILLING CODE 3410–15–P
Pursuant to Section 251 of the Trade
Act 1974, as amended (19 U.S.C. 2341
21731
et seq.), the Economic Development
Administration (EDA) has received
petitions for certification of eligibility to
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of these
firms contributed importantly to the
total or partial separation of the firm’s
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
[4/11/2014 Through 4/11/2014]
Date accepted
for
investigation
Firm name
Firm address
Checkers Industrial Products, LLC
620 Compton St, Broomfield, CO
80020.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance for Firms Division, Room
71030, Economic Development
Administration, U.S. Department of
Commerce, Washington, DC 20230, no
later than ten (10) calendar days
following publication of this notice.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Dated: April 11, 2014.
Michael DeVillo,
Eligibility Examiner.
4/11/2014
Product(s)
The firm manufactures industrial safety products
made of plastic.
production activity to the FTZ Board for
its facility in Oxford, North Carolina.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (78 FR 68027, 11/13/
2013). The FTZ Board determined that
no further review of the activity was
warranted. On February 14, 2014,
Revlon was informed that the
production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
pneumatic off-the-road tires (‘‘OTR
tires’’) from the People’s Republic of
China (‘‘PRC’’) to determine whether
Shandong Linglong Tyre Co., Ltd.
(‘‘Shandong Linglong’’) is the successorin-interest to Zhaoyuan Leo Rubber Co.,
Ltd. (‘‘Leo Rubber’’), for the purpose of
determining antidumping duty
liability.1 We preliminarily determine
that Shandong Linglong is the
successor-in-interest to Leo Rubber, and
thus entitled to use Leo Rubber’s
separate rate. Interested parties are
invited to comment on these
preliminary results.
Dated: April 11, 2014.
Andrew McGilvray,
Executive Secretary.
DATES:
[FR Doc. 2014–08803 Filed 4–16–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[FR Doc. 2014–08734 Filed 4–16–14; 8:45 am]
BILLING CODE 3510–WH–P
Effective Date: April 17, 2014.
FOR FURTHER INFORMATION CONTACT:
International Trade Administration
Andrew Medley, 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.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
[A–570–912]
Background
Foreign-Trade Zones Board
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Preliminary Results of
Antidumping Duty Changed
Circumstances Review
On September 4, 2008, the
Department published in the Federal
Register an antidumping duty order on
OTR tires from the PRC.2 Under the
Order, Leo Rubber received the
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 30, 2013, the
Department of Commerce
(‘‘Department’’) initiated a changed
circumstances review of the
antidumping duty order on certain new
1 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Initiation of
Changed Circumstances Review, 78 FR 64913
(October 30, 2013) (‘‘Initiation Notice’’).
2 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’’).
TKELLEY on DSK3SPTVN1PROD with NOTICES
[B–95–2013]
Authorization of Production Activity;
Foreign-Trade Subzone 93G; Revlon
Consumer Products Corporation
(Cosmetics and Personal Care
Products); Oxford, North Carolina
On October 17, 2013, Revlon
Consumer Products Corporation
(Revlon), operator of Subzone 93G,
submitted a notification of proposed
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21732
Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Notices
separate-rate respondent rate, as revised,
of 12.83 percent.3
On October 30, 2013, in response to
a request from Shandong Linglong, the
Department initiated a changed
circumstances review to determine if
Shandong Linglong is the successor-ininterest to Leo Rubber.4 On November
15, 2013, the Department issued
Shandong Linglong a questionnaire. On
December 31, 2013, Shandong Linglong
submitted its response to the
Department’s questionnaire.5 No other
party filed any further information or
comment for these preliminary results.
Scope of the Order
TKELLEY on DSK3SPTVN1PROD with NOTICES
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.6
3 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., 73 FR at
51627.
4 See Initiation Notice.
5 See Letter from Shandong Linglong titled ‘‘New
Pneumatic Off-The-Road Tires from the People’s
Republic of China: Response to the Changed
Circumstances Questionnaire,’’ dated December 31,
2013, and letter from Shandong Linglong titled
‘‘New Pneumatic Off-The-Road Tires from the
People’s Republic of China: Submission of Exhibits
13 and 14 of the Final Proprietary Version of the
Changed Circumstances Questionnaire,’’ dated
February 26, 2014 (collectively, ‘‘Questionnaire
Response’’).
6 For a complete description of the Scope of the
Order, see the Department’s Memorandum to
Melissa G. Skinner, Director, Office III,
Antidumping and Countervailing Duty Operations,
titled ‘‘Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Preliminary
Successor-In-Interest Determination,’’ dated
concurrently with this notice (‘‘Preliminary
Successor-In-Interest Memorandum’’) at ‘‘Scope of
the Order.’’
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Preliminary Results
In this changed circumstances review,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (‘‘the Act’’), the
Department conducted a successor-ininterest analysis. In making a successorin-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
Shandong Linglong is the successor-ininterest to Leo Rubber. Record evidence,
as submitted by Shandong Linglong,
indicates that Shandong Linglong
operates as essentially the same
business entity as Leo Rubber.10 For the
complete successor-in-interest analysis,
including discussion of business
proprietary information, refer to the
accompanying successor-in-interest
memorandum.11
We find that the evidence provided by
Shandong Linglong is sufficient to
preliminarily determine that the change
of its corporate name and form did not
affect the company’s operations in a
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) (finding 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 Questionnaire Response.
11 See Preliminary Successor-In-Interest
Memorandum.
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meaningful way.12 Therefore, we
preliminarily determine that Shandong
Linglong is the successor-in-interest to
Leo Rubber and, thus, should receive
the same antidumping duty treatment
with respect to the Order as the former
Leo Rubber.
If these preliminary results are
adopted in our final results of this
changed circumstances review, the
Department will instruct U.S. Customs
and Border Protection to continue
suspension of liquidation and collect a
cash deposit rate of 12.83 percent on all
shipments of the subject merchandise
exported by Shandong Linglong and
entered, or withdrawn from warehouse,
for consumption, on or after the
publication date of the final results of
this changed circumstances review.13
This deposit rate shall remain in effect
until further notice.
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.14 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). All briefs must be filed
electronically using Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). An electronically filed
document must be received successfully
in its entirety by IA ACCESS, by 5 p.m.
Eastern Time on the due date.
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,
351.221(b) and 351.221(c)(3).
12 Id.;
see also Questionnaire Response.
e.g., Stainless Steel Plate in Coils From
Belgium: Notice of Final Results of Antidumping
Duty Changed Circumstances Review, 77 FR 21963
(April 12, 2012).
14 If an interested party is of the view that certain
arguments continue to be relevant to the
Department’s final results of this review, that
interested party is required to file a case brief
containing all such arguments, including any such
arguments presented to the Department before the
date of publication of the preliminary results,
pursuant to 19 CFR 351.309(c)(2).
13 See,
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Notices
Dated: April 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
found in 5 U.S.C. App. §§ (10)(a)(1)
and 10(a)(3).
Public Session (3:00 p.m.–4:00 p.m.)
[FR Doc. 2014–08799 Filed 4–16–14; 8:45 am]
1. International Trade Administration’s
Civil Nuclear Trade Initiative
Update
2. Civil Nuclear Trade Promotion
Activities Discussion
3. Public comment period
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Civil Nuclear Trade Advisory
Committee (CINTAC) Meeting
ITA, DOC.
Notice of Federal Advisory
Committee Meeting.
AGENCY:
ACTION:
This notice sets forth the
schedule and proposed agenda for a
meeting of the CINTAC.
DATES: The meeting is scheduled for
Wednesday, April 30, 2014, at 9:00 a.m.
Eastern Daylight Time (EDT). The
public session is from 3:00 p.m.–4:00
p.m.
SUMMARY:
The meeting will be held in
Room 6029, U.S. Department of
Commerce, Herbert Clark Hoover
Building, 1401 Constitution Ave. NW.,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Mr.
Jonathan Chesebro, Office of Energy &
Environmental Industries, ITA, Room
4053, 1401 Constitution Ave. NW.,
Washington, DC 20230. (Phone: 202–
482–1297; Fax: 202–482–5665; email:
jonathan.chesebro@trade.gov).
SUPPLEMENTARY INFORMATION:
Background: The CINTAC was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C.
App.), in response to an identified need
for consensus advice from U.S. industry
to the U.S. Government regarding the
development and administration of
programs to expand United States
exports of civil nuclear goods and
services in accordance with applicable
U.S. laws and regulations, including
advice on how U.S. civil nuclear goods
and services export policies, programs,
and activities will affect the U.S. civil
nuclear industry’s competitiveness and
ability to participate in the international
market.
Topics to be considered: The agenda
for the Wednesday, April 30, 2014
CINTAC meeting is as follows:
TKELLEY on DSK3SPTVN1PROD with NOTICES
ADDRESSES:
Closed Session (9:00 a.m.–3:00 p.m.)
1. Discussion of matters determined to
be exempt from the provisions of
the Federal Advisory Committee
Act relating to public meetings
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17:28 Apr 16, 2014
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The meeting will be disabledaccessible. Public seating is limited and
available on a first-come, first-served
basis. Members of the public wishing to
attend the meeting must notify Mr.
Jonathan Chesebro at the contact
information below by 5:00 p.m. EDT on
Friday, April 25, 2014 in order to preregister for clearance into the building.
Please specify any requests for
reasonable accommodation at least five
business days in advance of the
meeting. Last minute requests will be
accepted, but may be impossible to fill.
A limited amount of time will be
available for pertinent brief oral
comments from members of the public
attending the meeting. To accommodate
as many speakers as possible, the time
for public comments will be limited to
two (2) minutes per person, with a total
public comment period of 30 minutes.
Individuals wishing to reserve speaking
time during the meeting must contact
Mr. Chesebro and submit a brief
statement of the general nature of the
comments and the name and address of
the proposed participant by 5:00 p.m.
EDT on Friday, April 25, 2014. If the
number of registrants requesting to
make statements is greater than can be
reasonably accommodated during the
meeting, ITA may conduct a lottery to
determine the speakers. Speakers are
requested to bring at least 20 copies of
their oral comments for distribution to
the participants and public at the
meeting.
Any member of the public may
submit pertinent written comments
concerning the CINTAC’s affairs at any
time before and after the meeting.
Comments may be submitted to the
Civil Nuclear Trade Advisory
Committee, Office of Energy &
Environmental Industries, Room 4053,
1401 Constitution Ave. NW.,
Washington, DC 20230. For
consideration during the meeting, and
to ensure transmission to the Committee
prior to the meeting, comments must be
received no later than 5:00 p.m. EDT on
April 25, 2014. Comments received after
that date will be distributed to the
members but may not be considered at
the meeting.
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21733
Copies of CINTAC meeting minutes
will be available within 90 days of the
meeting.
Edward A. O’Malley,
Director, Office of Energy and Environmental
Industries.
[FR Doc. 2014–08717 Filed 4–16–14; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Emergency
Beacon Registrations
National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before June 16, 2014.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Joy Hargraves, (301) 817–
4001 or Joy.Hargraves@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This request is for an extension of a
currently approved information
collection.
An international system exists to use
satellites to detect and locate ships,
aircraft, and individuals in distress if
they are equipped with an emergency
radio beacon. Persons purchasing a
digital distress beacon, operating in the
frequency range of 406.000 to 406.100
MHz, must register it with NOAA.
These requirements are contained in
Federal Communications Commission
(FCC) regulations at 47 CFR 80.1061, 47
CFR 87.199 and 47 CFR 95.1402. The
data provided by registration can assist
in identifying who is in distress and in
suppression of false alarms.
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Agencies
[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Notices]
[Pages 21731-21733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08799]
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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: Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 30, 2013, the Department of Commerce
(``Department'') initiated 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'') to
determine whether Shandong Linglong Tyre Co., Ltd. (``Shandong
Linglong'') is the successor-in-interest to Zhaoyuan Leo Rubber Co.,
Ltd. (``Leo Rubber''), for the purpose of determining antidumping duty
liability.\1\ We preliminarily determine that Shandong Linglong is the
successor-in-interest to Leo Rubber, and thus entitled to use Leo
Rubber's separate rate. Interested parties are invited to comment on
these preliminary results.
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Initiation of Changed Circumstances
Review, 78 FR 64913 (October 30, 2013) (``Initiation Notice'').
---------------------------------------------------------------------------
DATES: Effective Date: April 17, 2014.
FOR FURTHER INFORMATION CONTACT: Andrew Medley, 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.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2008, the Department published in the Federal
Register an antidumping duty order on OTR tires from the PRC.\2\ Under
the Order, Leo Rubber received the
[[Page 21732]]
separate-rate respondent rate, as revised, of 12.83 percent.\3\
---------------------------------------------------------------------------
\2\ 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'').
\3\ 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., 73 FR at 51627.
---------------------------------------------------------------------------
On October 30, 2013, in response to a request from Shandong
Linglong, the Department initiated a changed circumstances review to
determine if Shandong Linglong is the successor-in-interest to Leo
Rubber.\4\ On November 15, 2013, the Department issued Shandong
Linglong a questionnaire. On December 31, 2013, Shandong Linglong
submitted its response to the Department's questionnaire.\5\ No other
party filed any further information or comment for these preliminary
results.
---------------------------------------------------------------------------
\4\ See Initiation Notice.
\5\ See Letter from Shandong Linglong titled ``New Pneumatic
Off-The-Road Tires from the People's Republic of China: Response to
the Changed Circumstances Questionnaire,'' dated December 31, 2013,
and letter from Shandong Linglong titled ``New Pneumatic Off-The-
Road Tires from the People's Republic of China: Submission of
Exhibits 13 and 14 of the Final Proprietary Version of the Changed
Circumstances Questionnaire,'' dated February 26, 2014
(collectively, ``Questionnaire Response'').
---------------------------------------------------------------------------
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.\6\
---------------------------------------------------------------------------
\6\ For a complete description of the Scope of the Order, see
the Department's Memorandum to Melissa G. Skinner, Director, Office
III, Antidumping and Countervailing Duty Operations, titled
``Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China: Preliminary Successor-In-Interest
Determination,'' dated concurrently with this notice (``Preliminary
Successor-In-Interest Memorandum'') at ``Scope of the Order.''
---------------------------------------------------------------------------
Preliminary Results
In this changed circumstances review, pursuant to section 751(b) of
the Tariff Act of 1930, as amended (``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) (finding 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
Shandong Linglong is the successor-in-interest to Leo Rubber. Record
evidence, as submitted by Shandong Linglong, indicates that Shandong
Linglong operates as essentially the same business entity as Leo
Rubber.\10\ For the complete successor-in-interest analysis, including
discussion of business proprietary information, refer to the
accompanying successor-in-interest memorandum.\11\
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\10\ See Questionnaire Response.
\11\ See Preliminary Successor-In-Interest Memorandum.
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We find that the evidence provided by Shandong Linglong is
sufficient to preliminarily determine that the change of its corporate
name and form did not affect the company's operations in a meaningful
way.\12\ Therefore, we preliminarily determine that Shandong Linglong
is the successor-in-interest to Leo Rubber and, thus, should receive
the same antidumping duty treatment with respect to the Order as the
former Leo Rubber.
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\12\ Id.; see also Questionnaire Response.
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If these preliminary results are adopted in our final results of
this changed circumstances review, the Department will instruct U.S.
Customs and Border Protection to continue suspension of liquidation and
collect a cash deposit rate of 12.83 percent on all shipments of the
subject merchandise exported by Shandong Linglong and entered, or
withdrawn from warehouse, for consumption, on or after the publication
date of the final results of this changed circumstances review.\13\
This deposit rate shall remain in effect until further notice.
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\13\ See, e.g., Stainless Steel Plate in Coils From Belgium:
Notice of Final Results of Antidumping Duty Changed Circumstances
Review, 77 FR 21963 (April 12, 2012).
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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.\14\ 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). All briefs must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). An electronically filed document must be received
successfully in its entirety by IA ACCESS, by 5 p.m. Eastern Time on
the due date.
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\14\ If an interested party is of the view that certain
arguments continue to be relevant to the Department's final results
of this review, that interested party is required to file a case
brief containing all such arguments, including any such arguments
presented to the Department before the date of publication of the
preliminary results, pursuant to 19 CFR 351.309(c)(2).
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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, 351.221(b) and 351.221(c)(3).
[[Page 21733]]
Dated: April 10, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-08799 Filed 4-16-14; 8:45 am]
BILLING CODE 3510-DS-P