Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Partial Rescission of Antidumping Duty Administrative Review; 2013-2014, 9695-9696 [2015-03765]

Download as PDF Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices revised database for NSK’s costs submitted later in the review. Timken argues that the Department should reject NSK’s allegation on the grounds that NSK could have raised the allegation in its case brief and it is, therefore, now untimely. Nevertheless, we find that we made an inadvertent error in not using the revised database for NSK’s costs and, therefore, are correcting and amending the final results of review in accordance with section 751(h) of the Act and 19 CFR 351.224(e). As a result, the weighted-average dumping margin for NSK changes from 1.55 percent to 1.43 percent. Furthermore, the rate for the respondents not selected for individual examination (except for Bayerische Motoren Werke AG) will be the new rate calculated for NSK, the sole respondent selected for individual examination. The weighted-average dumping margin for Bayerische Motoren Werke AG will remain unchanged from the Final Results because it was based on adverse facts available. Amended Final Results of the Review The Department determines that the following amended weighted-average dumping margins exist for the period May 1, 2010, through April 30, 2011: for entries of subject merchandise during the POR produced by NSK for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate un-examined entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction.4 For the companies which were not selected for individual examination, we will instruct CBP to assess antidumping duties at a rate equal to the weightedaverage dumping margin listed above for all entries of subject merchandise produced and/or exported by such firms. We intend to issue liquidation instructions to CBP 15 days after publication of the amended final results of this administrative review. Cash Deposit Requirements Because we revoked the antidumping duty order on ball bearings and parts thereof from the United Kingdom effective September 15, 2011, no cash deposits for estimated antidumping duties on future entries of subject merchandise will be required.5 Notification to Importers This notice 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 254.25 liquidation of the relevant entries 1.43 during this review period. Failure to 1.43 comply with this requirement could 1.43 result in the Department’s presumption 1.43 that reimbursement of antidumping 1.43 duties occurred and the subsequent 1.43 assessment of doubled antidumping 1.43 duties. Weightedaverage dumping margin (percent) Company Bayerische Motoren Werke AG .. Bosch Rexroth Limited ............... Caterpillar S.A.R.L ...................... Caterpillar Group Services S.A .. Caterpillar of Australia Pty Ltd ... Caterpillar Overseas S.A.R.L ..... Caterpillar Marine Power UK ...... NSK ............................................ Perkins Engines Company Ltd ... 1.43 Administrative Protective Orders Disclosure We will disclose the calculation memorandum used in our analysis to parties to this proceeding within five days of the date of the publication of this notice pursuant to 19 CFR 351.224(b). tkelley on DSK3SPTVN1PROD with NOTICES Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b)(1), for NSK we calculated an importer-specific assessment rate by dividing the total amount of dumping for the reviewed sales by the total entered value of those reviewed sales for each importer. Consistent with the Department’s refinement to its assessment practice, VerDate Sep<11>2014 17:31 Feb 23, 2015 Jkt 235001 This notice also 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 351.305(a)(3). Timely written notification of the return or the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. 4 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 5 See Ball Bearings and Parts Thereof From Japan and the United Kingdom: Final Results of Sunset Reviews and Revocation of Antidumping Duty Orders, 79 FR 16771 (March 26, 2014). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 9695 Notification to Interested Parties We are issuing and publishing these amended final results in accordance with section 751(h) of the Act and 19 CFR 351.224(f). Dated: February 18, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–03770 Filed 2–23–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Partial Rescission of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 30, 2014, the Department of Commerce (‘‘Department’’) initiated an administrative review of the antidumping duty order on new pneumatic off-the-road tires (‘‘OTR tires’’) from the People’s Republic of China (‘‘PRC’’) for 12 companies.1 Based on timely withdrawal of requests for review, we are now rescinding this administrative review with respect to Double Coin Holdings Ltd., Guizhou Tyre Co., Ltd., and Guizhou Tyre Import and Export Co., Ltd. DATES: Effective Date: February 24, 2015. AGENCY: FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–4987. Background In September 2014, the Department received multiple timely requests to conduct an administrative review of the antidumping duty order on OTR tires from the PRC. Based upon these requests, on October 30, 2014, the Department published a notice of initiation of an administrative review covering the period of September 1, 2013, to August 31, 2014, with respect 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 64565 (October 30, 2014) at 64567. E:\FR\FM\24FEN1.SGM 24FEN1 9696 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices to 12 companies.2 On November 20, 2014, Double Coin Holdings Ltd. (‘‘Double Coin’’) and China Manufacturers Alliance withdrew their request for review of Double Coin.3 On December 17, 2014, Guizhou Tyre Co., Ltd. and Guizhou Tyre Import and Export Co., Ltd. (collectively, ‘‘GTC’’) withdrew their request for review.4 Partial Rescission Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90-days of the date of publication of notice of initiation of the requested review. Double Coin and GTC timely withdrew their requests for an administrative review on themselves; no other party requested a review of these companies.5 Accordingly, we are rescinding this review, in part, with respect to these companies, pursuant to 19 CFR 351.213(d)(1). Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Importers This notice serves as the only reminder to importers for whom this review is being rescinded, as of the publication date of this notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate 3 See tkelley on DSK3SPTVN1PROD with NOTICES Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or 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. Notification to Interested Parties This notice is issued and published in accordance with sections 751 and 777(i)(l) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 18, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–03765 Filed 2–23–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 14–00002] Export Trade Certificate of Review 2 Id. Letter from Double Coin titled ‘‘Double Coin’s Withdrawal of Request for Antidumping Administrative Review: Certain New Pneumatic Off-the-Road Tires from China,’’ dated November 20, 2014. 4 See Letter from GTC titled ‘‘GTC Withdrawal of Request for Administrative Review: Sixth Administrative Review of Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires From The People’s Republic Of China (Case No: A–570– 912) (POR: September 1, 2013–August 31, 2014),’’ dated December 17, 2014. 5 The Department will no longer consider the NME entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013) at 65970. VerDate Sep<11>2014 regarding the reimbursement of antidumping and/or countervailing 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 the antidumping and/ or countervailing duties occurred and the subsequent assessment of double and/or increased antidumping duties. 17:31 Feb 23, 2015 Jkt 235001 Notice of Issuance for an Export Trade Certificate of Review for JDE USA LLC (‘‘JDE’’), Application no. 14–00002. ACTION: The Office of Trade and Economic Analysis (‘‘OTEA’’) of the International Trade Administration, Department of Commerce, issued an Export Trade Certificate of Review (‘‘Certificate’’) to JDE USA LLC on January 28, 2015. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482–5131 (this is not a toll-free number) or email at etca@trade.gov. SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its proposed export conduct. SUPPLEMENTARY INFORMATION: Description of Certified Conduct JDE USA LLC (‘‘JDE’’) is certified to engage in the Export Trade Activities and Methods of Operation described below in the following Export Trade and Export Markets. Export Trade Products: All Products. Services: All services related to the export of Products. Technology Rights: All intellectual property rights associated with Products or Services, including, but not limited to: Patents, trademarks, services marks, trade names, copyrights, neighboring (related) rights, trade secrets, knowhow, and confidential databases and computer programs. Export Trade Facilitation Services (as They Relate to the Export of Products): Export Trade Facilitation Services, including but not limited to: Consulting and trade strategy, arranging and coordinating delivery of Products to the port of export; arranging for inland and/ or ocean transportation; allocating Products to vessel; arranging for storage space at port; arranging for warehousing, stevedoring, wharfage, handling, inspection, fumigation, and freight forwarding; insurance and financing; documentation and services related to compliance with customs’ requirements; sales and marketing; export brokerage; foreign marketing and analysis; foreign market development; overseas advertising and promotion; Products-related research and design based upon foreign buyer and consumer preferences; inspection and quality control; shipping and export management; export licensing; provisions of overseas sales and distribution facilities and overseas sales staff; legal, accounting and tax assistance; development and application of management information systems; E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9695-9696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03765]


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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: Partial Rescission of Antidumping Duty 
Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 30, 2014, the Department of Commerce 
(``Department'') initiated an administrative review of the antidumping 
duty order on new pneumatic off-the-road tires (``OTR tires'') from the 
People's Republic of China (``PRC'') for 12 companies.\1\ Based on 
timely withdrawal of requests for review, we are now rescinding this 
administrative review with respect to Double Coin Holdings Ltd., 
Guizhou Tyre Co., Ltd., and Guizhou Tyre Import and Export Co., Ltd.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 64565 (October 30, 2014) at 64567.

---------------------------------------------------------------------------
DATES: Effective Date: February 24, 2015.

FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
4987.

Background

    In September 2014, the Department received multiple timely requests 
to conduct an administrative review of the antidumping duty order on 
OTR tires from the PRC. Based upon these requests, on October 30, 2014, 
the Department published a notice of initiation of an administrative 
review covering the period of September 1, 2013, to August 31, 2014, 
with respect

[[Page 9696]]

to 12 companies.\2\ On November 20, 2014, Double Coin Holdings Ltd. 
(``Double Coin'') and China Manufacturers Alliance withdrew their 
request for review of Double Coin.\3\ On December 17, 2014, Guizhou 
Tyre Co., Ltd. and Guizhou Tyre Import and Export Co., Ltd. 
(collectively, ``GTC'') withdrew their request for review.\4\
---------------------------------------------------------------------------

    \2\ Id.
    \3\ See Letter from Double Coin titled ``Double Coin's 
Withdrawal of Request for Antidumping Administrative Review: Certain 
New Pneumatic Off-the-Road Tires from China,'' dated November 20, 
2014.
    \4\ See Letter from GTC titled ``GTC Withdrawal of Request for 
Administrative Review: Sixth Administrative Review of Antidumping 
Duty Order on Certain New Pneumatic Off-the-Road Tires From The 
People's Republic Of China (Case No: A-570-912) (POR: September 1, 
2013-August 31, 2014),'' dated December 17, 2014.
---------------------------------------------------------------------------

Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90-days of the date of 
publication of notice of initiation of the requested review. Double 
Coin and GTC timely withdrew their requests for an administrative 
review on themselves; no other party requested a review of these 
companies.\5\ Accordingly, we are rescinding this review, in part, with 
respect to these companies, pursuant to 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------

    \5\ The Department will no longer consider the NME entity as an 
exporter conditionally subject to administrative reviews. See 
Antidumping Proceedings: Announcement of Change in Department 
Practice for Respondent Selection in Antidumping Duty Proceedings 
and Conditional Review of the Nonmarket Economy Entity in NME 
Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013) at 
65970.
---------------------------------------------------------------------------

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
the companies for which this review is rescinded, antidumping duties 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of this notice.

Notification to Importers

    This notice serves as the only reminder to importers for whom this 
review is being rescinded, as of the publication date of this notice, 
of their responsibility under 19 CFR 351.402(f)(2) to file a 
certificate regarding the reimbursement of antidumping and/or 
countervailing 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 the 
antidumping and/or countervailing duties occurred and the subsequent 
assessment of double and/or increased antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or 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.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 751 
and 777(i)(l) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: February 18, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-03765 Filed 2-23-15; 8:45 am]
BILLING CODE 3510-DS-P

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