Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, 32220-32221 [2014-12993]
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DATES:
Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices
Effective Date: June 4, 2014.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Davina Friedmann,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4475 or (202) 482–0698,
respectively.
On
September 12, 2012, the Department
issued the Final Results.4 Blue Field, an
exporter of subject merchandise, timely
filed complaints with the Court to
challenge certain aspects of the Final
Results. Specifically, Blue Field
challenged the surrogate values assigned
by the Department to its reported inputs
of rice straw and cow manure. On
November 14, 2013, the Court remanded
the Final Results and instructed the
Department to reconsider its calculation
of Blue Field’s surrogate values for rice
straw and cow manure.5 On remand,
and under protest, the Department
recalculated Blue Field’s surrogate
values for rice straw and cow manure
using data from India.6 As a result, Blue
Field’s margin changed from 308.33
percent to 82.04 percent.7 On May 19,
2014, the Court entered judgment
sustaining the Department’s Remand
Results.8
SUPPLEMENTARY INFORMATION:
Timken Notice
tkelley on DSK3SPTVN1PROD with NOTICES
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the Federal Circuit has held that,
pursuant to section 516A(e) of the Tariff
Act of 1930, as amended (the Act), the
Department must publish a notice of a
court decision not ‘‘in harmony’’ with a
Department determination, and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The
Court’s May 19, 2014, judgment
sustaining the Remand Results
constitutes a final decision of the Court
that is not in harmony with the
Department’s Final Results. This notice
is published in fulfillment of the
publication requirement of Timken.
Accordingly, the Department will
continue the suspension of liquidation
of the subject merchandise pending the
expiration of the period of appeal or, if
appealed, pending a final and
4 See
id.
Blue Field (Sichuan) Food Indus. Co., Ltd.
v. United States, 949 F. Supp. 2d 1311, 1334–35
(CIT November 14, 2013).
6 See generally Remand Results.
7 See id. at 14.
8 See Blue Field (Sichuan) Food Indus. Co., Ltd.
v. United States, Court No. 12–00320 (CIT May 19,
2014).
5 See
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16:05 Jun 03, 2014
Jkt 232001
conclusive court decision. The cash
deposit rate will remain the PRC-wide
entity rate (which includes Blue Field)
established for the subsequent and
most-recent period during which the
PRC-wide entity was reviewed.9
Amended Final Determination
Because there is now a final court
decision, the Department amends the
Final Results with respect to Blue Field.
The revised weighted-average dumping
margin for Blue Field during the period
February 1, 2010, through January 31,
2011 follows:
Exporter
Weighted
average
dumping
margin
(percent)
Blue Field (Sichuan) Food Industrial Co., Ltd ............................
82.04
In the event the Court’s ruling is not
appealed, or if appealed and upheld by
the Federal Circuit, the Department will
instruct U.S. Customs and Border
Protection to assess antidumping duties
on entries of the subject merchandise
exported by Blue Field using the revised
assessment rate calculated by the
Department in the Remand Results.
This notice is issued and published in
accordance with sections 516(A)(e),
751(a)(1), and 777(i)(1) of the Act.
Dated: May 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement &
Compliance.
[FR Doc. 2014–12992 Filed 6–3–14; 8:45 am]
BILLING CODE 3510–DS–P
from the People’s Republic of China
(‘‘PRC’’).1 The Department preliminarily
determined that Shandong Linglong
Tyre Co., Ltd. (‘‘Shandong Linglong’’) is
the successor-in-interest to Zhaoyuan
Leo Rubber Co., Ltd. (‘‘Leo Rubber’’) and
invited parties to comment on the
Preliminary Results. As no parties
submitted subsequent comment, the
Department is making no changes to the
Preliminary Results.
DATES: Effective Date: June 4, 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
separate-rate respondent rate, as revised,
of 12.83 percent.3
On April 17, 2014, we made a
preliminary finding that Shandong
Linglong is the successor-in-interest to
Leo Rubber and thus, should receive the
same antidumping duty treatment with
respect to OTR tires from the PRC as the
former Leo Rubber.4 We also stated that
interested parties had 30 days in which
to request a hearing and submit case
briefs.5 No party submitted case briefs.
Thus, consistent with 19 CFR
351.216(e), we are issuing this final
determination within 45 days of our
preliminary finding.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 17, 2014, the
Department of Commerce
(‘‘Department’’) published its
Preliminary Results of a changed
circumstances review (‘‘CCR’’) of the
antidumping duty order on certain new
pneumatic off-the road (‘‘OTR’’) tires
AGENCY:
9 See Certain Preserved Mushrooms from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review 2012–
2013, 79 FR 12150, 12152 & n.16 (March 4, 2014).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Changed
Circumstances Review, 79 FR 21731 (April 17,
2014) (‘‘Preliminary Results’’).
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.
4 See Preliminary Results, 79 FR at 21732.
5 Id.
E:\FR\FM\04JNN1.SGM
04JNN1
Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices
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.6
Final Results of Changed
Circumstances Review
Because no parties submitted
comments opposing the Department’s
Preliminary Results, and because there
is no other information or evidence on
the record that calls into question the
Preliminary Results, the Department
determines that Shandong Linglong is
the successor-in-interest to Leo Rubber
for the purpose of determining
antidumping duty liability.
Instructions to U.S. Customs and
Border Protection
The Department will instruct U.S.
Customs and Border Protection to
suspend liquidation and collect a cash
deposit rate of 12.83 percent on all
shipments of the subject merchandise
produced and exported by Shandong
Linglong and entered, or withdrawn
from warehouse, for consumption, on or
after the publication date of these
results of changed circumstances
review.7
Notification
This notice serves as a reminder to
parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
tkelley on DSK3SPTVN1PROD with NOTICES
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,
which was published concurrently with the
Preliminary Results, and titled ‘‘Certain New
Pneumatic Off-the-Road Tires from the People’s
Republic of China: Preliminary Successor-InInterest Determination,’’ dated April 10, 2014, at
‘‘Scope of the Order.’’
7 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); see also Notice of Final Results of
Antidumping Duty Changed Circumstances Review:
Certain Frozen Warmwater Shrimp From Thailand,
75 FR 74684, 74685 (December 1, 2010).
VerDate Mar<15>2010
16:05 Jun 03, 2014
Jkt 232001
with 19 CFR 351.306. 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 sanctionable
violation.
We are issuing and publishing these
final results and notice in accordance
with sections 751(b) and 777(i) of the
Tariff Act of 1930, as amended, and 19
CFR 351.216 and 351.221(c)(3).
Dated: May 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–12993 Filed 6–3–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–880]
Barium Carbonate From the People’s
Republic of China: Final Results of
Expedited Second Sunset Review of
the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 3, 2014, the
Department of Commerce (the
‘‘Department’’) initiated the second fiveyear (‘‘sunset’’) review of the
antidumping duty order on barium
carbonate from the People’s Republic of
China (‘‘PRC’’) pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the ‘‘Act’’).1 As a result of this
sunset review, the Department finds that
revocation of the antidumping duty
order on barium carbonate from the PRC
would be likely to lead to continuation
or recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Effective Date: June 4, 2014.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6905.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 5, 2014, the Department
received an adequate substantive
response from domestic interested party
Chemical Products Corporation
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 79
FR 6163 (February 3, 2014).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
32221
(‘‘Petitioner’’) within the deadline
specified in 19 CFR 351.218(d)(3)(i).2
We received no responses from
respondent interested parties. As a
result, the Department conducted an
expedited (120-day) sunset review of the
order, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2).
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the ‘‘Issues and
Decision Memorandum for the
Expedited Second Sunset Review of the
Antidumping Duty Order on Barium
Carbonate from the People’s Republic of
China’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated
concurrently with, and hereby adopted
by, this notice (‘‘Decision
Memorandum’’). The issues discussed
in the Decision Memorandum include
the likelihood of continuation or
recurrence of dumping and the
magnitude of the margins likely to
prevail if the order were to be revoked.
Parties may find a complete discussion
of all issues raised in the review and the
corresponding recommendations in this
public memorandum which is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available to registered users at https://
iaaccess.trade.gov and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Decision
Memorandum is available directly on
the Web at https://
enforcement.trade.gov/frn/. The signed
Decision Memorandum and the
electronic versions of the Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by this
order is barium carbonate, regardless of
form or grade. The product is currently
classifiable under subheading
2836.60.0000 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of this
proceeding is dispositive.
2 See
E:\FR\FM\04JNN1.SGM
Petitioner’s March 5, 2014, submission.
04JNN1
]]>Agencies
[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32220-32221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12993]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Final Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 17, 2014, the Department of Commerce (``Department'')
published its Preliminary Results of a changed circumstances review
(``CCR'') of the antidumping duty order on certain new pneumatic off-
the road (``OTR'') tires from the People's Republic of China
(``PRC'').\1\ The Department preliminarily determined that Shandong
Linglong Tyre Co., Ltd. (``Shandong Linglong'') is the successor-in-
interest to Zhaoyuan Leo Rubber Co., Ltd. (``Leo Rubber'') and invited
parties to comment on the Preliminary Results. As no parties submitted
subsequent comment, the Department is making no changes to the
Preliminary Results.
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Preliminary Results of Antidumping Duty
Changed Circumstances Review, 79 FR 21731 (April 17, 2014)
(``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: June 4, 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 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 April 17, 2014, we made a preliminary finding that Shandong
Linglong is the successor-in-interest to Leo Rubber and thus, should
receive the same antidumping duty treatment with respect to OTR tires
from the PRC as the former Leo Rubber.\4\ We also stated that
interested parties had 30 days in which to request a hearing and submit
case briefs.\5\ No party submitted case briefs. Thus, consistent with
19 CFR 351.216(e), we are issuing this final determination within 45
days of our preliminary finding.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 79 FR at 21732.
\5\ Id.
---------------------------------------------------------------------------
[[Page 32221]]
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, which was
published concurrently with the Preliminary Results, and titled
``Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China: Preliminary Successor-In-Interest
Determination,'' dated April 10, 2014, at ``Scope of the Order.''
---------------------------------------------------------------------------
Final Results of Changed Circumstances Review
Because no parties submitted comments opposing the Department's
Preliminary Results, and because there is no other information or
evidence on the record that calls into question the Preliminary
Results, the Department determines that Shandong Linglong is the
successor-in-interest to Leo Rubber for the purpose of determining
antidumping duty liability.
Instructions to U.S. Customs and Border Protection
The Department will instruct U.S. Customs and Border Protection to
suspend liquidation and collect a cash deposit rate of 12.83 percent on
all shipments of the subject merchandise produced and exported by
Shandong Linglong and entered, or withdrawn from warehouse, for
consumption, on or after the publication date of these results of
changed circumstances review.\7\
---------------------------------------------------------------------------
\7\ 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); see also Notice of Final
Results of Antidumping Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp From Thailand, 75 FR 74684, 74685 (December
1, 2010).
---------------------------------------------------------------------------
Notification
This notice serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
We are issuing and publishing these final results and notice in
accordance with sections 751(b) and 777(i) of the Tariff Act of 1930,
as amended, and 19 CFR 351.216 and 351.221(c)(3).
Dated: May 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12993 Filed 6-3-14; 8:45 am]
BILLING CODE 3510-DS-P
