Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 20197-20200 [2015-08673]
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20197
Notices
Federal Register
Vol. 80, No. 72
Wednesday, April 15, 2015
This section of the FEDERAL REGISTER
contains documents other than rules or
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DEPARTMENT OF COMMERCE
tkelley on DSK3SPTVN1PROD with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National
Telecommunications and Information
Administration (NTIA).
Title: Computer and Internet Use
Supplement to the Census Bureau’s
Current Population Survey (CPS).
OMB Control Number: 0660–0021.
Form Number(s): None.
Type of Request: Regular submission
(Revision of a currently approved
collection).
Estimated Number of Respondents:
54,000 households.
Estimated Time per Response: 10
minutes.
Estimated Total Annual Burden
Hours: 9,000.
Needs and Uses: NTIA proposes to
add 61 questions to the U.S. Census
Bureau’s July 2015 CPS to gather
reliable data on broadband (also known
as high-speed Internet) use by U.S.
households. President Obama has
established a national goal of universal,
affordable broadband access for all
Americans.1 To that end, the
Administration is working with
Congress, the Federal Communications
Commission (FCC), and other
stakeholders to develop and advance
economic and regulatory policies that
foster broadband deployment and
adoption. Collecting current, systematic,
and comprehensive information on
broadband use and non-use by U.S.
1 See Remarks by President Obama on the State
of the Union (Jan. 20, 2015) at https://
www.whitehouse.gov/the-press-office/2015/01/20/
remarks-president-state-union-address-january-202015.
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17:29 Apr 14, 2015
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households is critical to allow
policymakers not only to gauge progress
made to date, but also to identify
problem areas with a specificity that
permits carefully targeted and costeffective responses.
The Census Bureau (‘‘the Bureau’’) is
widely regarded as a superior collector
of data based on its centuries of
experience and its scientific methods.
Collection of NTIA’s requested
broadband usage data, moreover, will
occur in conjunction with the Bureau’s
scheduled July 2015 Current Population
Survey (CPS), thereby significantly
reducing the potential burdens on the
Bureau and on surveyed households.
Questions on broadband and Internet
use have been included in 12 previous
CPS surveys.
The U.S. government has an
increasingly pressing need for
comprehensive broadband data. The
General Accountability Office (GAO),
NTIA, and the FCC have issued reports
noting the lack of useful broadband
adoption data for policymakers, and
Congress passed legislation—the
Broadband Data Improvement Act in
2008 and the American Recovery and
Reinvestment Act in 2009—to address
this challenge. The Organization for
Economic Co-operation and
Development (OECD) looks to Census
Bureau data as an important input into
their inter-country benchmark analyses.
Modifying the July CPS to include
NTIA’s requested broadband data will
allow the Commerce Department and
NTIA to respond to congressional
concerns and directives, and to work
with the OECD on its broadband
methodologies with more recent data.
Affected Public: Individuals and
households.
Frequency: Once.
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13, United
States Code, Sections 131, 182, and 193.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
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Dated: April 10, 2015.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2015–08645 Filed 4–14–15; 8:45 am]
BILLING CODE 3510–06–P
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 Administrative Review; 2012–
2013
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: On October 10, 2014, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the administrative
review of the antidumping duty order
on certain new pneumatic off-the-road
tires (‘‘OTR tires’’) from the People’s
Republic of China (‘‘PRC’’).1 The period
of review (‘‘POR’’) is September 1, 2012,
through August 31, 2013. This review
covers the following exporters of subject
merchandise: Mandatory respondents,
Double Coin Holdings Ltd. (‘‘Double
Coin’’) and Guizhou Tyre Co., Ltd./
Guizhou Tyre Import and Export Co.,
Ltd. (collectively, ‘‘GTC’’), and nonexamined respondents Zhongce Rubber
Group Company Limited (‘‘Zhongce’’),
Weihai Zhongwei Rubber Co., Ltd.
(‘‘Zhongwei’’), and Trelleborg Wheel
System (Xingtai) China, Co. Ltd.
(‘‘Trelleborg’’). We continue to find that
GTC made sales of subject merchandise
at less than normal value; that Zhongce
and Zhongwei are eligible for separate
rates; that Double Coin failed to
demonstrate eligibility for separate rate
status and thus has been included in the
PRC-wide entity, and that Trelleborg
had no shipments during the POR. The
final dumping margins for this review
are listed in the ‘‘Final Results’’ section
below.
DATES: Effective: April 15, 2015.
AGENCY:
1 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; 2012–2013, 79 FR 61291 (October 10, 2014)
(‘‘Preliminary Results’’).
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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, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4987 and (202)
482–5848, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2014, the Department
published its Preliminary Results of the
antidumping duty administrative review
of OTR tires from the PRC and invited
interested parties to comment on the
preliminary results. We granted parties
an extension of time to submit case and
rebuttal briefs.2 On December 11, 2014,
we received case briefs from
Petitioners,3 GTC, and Double Coin. On
December 19, 2014, we received a
rebuttal brief from Trelleborg. On
December 23, 2014, we received rebuttal
briefs from Petitioners, GTC, Double
Coin, and Zhongce. On December 30,
2014, the Department extended the
deadline for the final results until April
8, 2015.4 In accordance with timely
requests from parties, on February 25,
2015, the Department held a public
hearing.5 We conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the ‘‘Act’’).
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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,
2 See Letters from the Department titled ‘‘2012–
2013 Administrative Review of the Antidumping
Duty Order on Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of China:
Extension of Time for Case Briefs and Rebuttal
Briefs,’’ dated October 31, 2014, and ‘‘2012–2013
Administrative Review of the Antidumping Duty
Order on Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of China: Second
Extension of Time for Case Briefs and Rebuttal
Briefs,’’ dated December 5, 2014. See also ‘‘2012–
2013 Administrative Review of the Antidumping
Duty Order on Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of China:
Extension of Time for Rebuttal Briefs,’’ dated
December 15, 2014.
3 Titan Tire Corporation and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International
Union, AFL–CIO, CLC (collectively, ‘‘Petitioners’’).
4 See Memorandum titled ‘‘Certain New
Pneumatic Off-the-Road Tires from the People’s
Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative
Review,’’ dated December 30, 2014.
5 See Hearing Transcript, filed onto the record by
Lisa Dennis Court Reporting on March 25, 2015.
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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
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues that parties raised and to which
we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’).7 ACCESS is available to
registered users at https://
access.trade.gov and it 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 Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/enforcement/. The
signed Issues and Decision
Memorandum and electronic version of
the Issues and Decision Memorandum
are identical in content.
Final Determination of No Shipments
As noted in the Preliminary Results,
we received a no-shipment certification
from Trelleborg.8 Consistent with its
practice, the Department asked U.S.
Customs and Border Protection (‘‘CBP’’)
to conduct a query on potential
shipments made by Trelleborg during
6 For a complete description of the scope of the
order, see Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, titled, ‘‘Issues and
Decision Memorandum for Final Results of
Antidumping Duty Administrative Review: Certain
New Pneumatic Off-the-Road Tires from the
People’s Republic of China; 2012–2013,’’ dated
concurrently with this notice (‘‘Issues and Decision
Memorandum’’).
7 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
8 See Preliminary Results, 79 FR at 61292.
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the POR; CBP did not provide any
evidence that contradicts Trelleborg’s
claim of no shipments.9 Based on
Trelleborg’s certification, our analysis of
CBP information, and analysis of
interested parties’ comments, we
determine that Trelleborg did not have
any reviewable transactions during the
POR.10
Final Determination of Affiliation and
Collapsing
We continue to find that Double Coin
Group Jiangsu Tyre Co., Ltd., Double
Coin Group Shanghai Donghai Tyre Co.,
Ltd., and Double Coin Holdings, Ltd. are
affiliated pursuant to section 771(33)(E)
of the Act and should be collapsed
together and treated as a single company
(collectively, ‘‘Double Coin’’), pursuant
to the criteria laid out in 19 CFR
351.401(f).11
Separate Rates
In the Preliminary Results, we
determined that GTC, Zhongce, and
Zhongwei are eligible for separate-rate
status; we also determined that Double
Coin was part of the PRC-wide Entity.12
We made no changes to these
determinations for the final results.13
Rate for Non-Examined Companies
Which Are Eligible for a Separate Rate
Normally, the Department’s practice
is to look for guidance from section
735(c)(5)(A) of the Act, to assign to
separate rate companies that were not
individually examined a rate equal to
the average of the rates calculated for
the individually examined respondents,
excluding any rates that are zero, de
minimis, or based entirely on adverse
facts available.14 In this case, we found
one mandatory respondent, Double
Coin, to be part of the PRC-wide entity.
The other mandatory respondent, GTC,
is receiving a separate rate calculated
from its own sales and production data.
To determine a rate for the unselected
separate rate companies, we find it
9 See CBP Message Number 3352302, dated
December 18, 2013.
10 See Issues and Decision Memorandum at
Comment 2.
11 See Preliminary Results, 79 FR at 61292. No
party commented on this issue in their case briefs.
12 Id., and accompanying Preliminary Decision
Memorandum at the ‘‘Separate Rates’’ section.
13 See Issues and Decision Memorandum at
Comments 1 and 3.
14 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 71 FR 77373, 77377 (December 26, 2006),
unchanged in Final Determination of Sales at Less
Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 72 FR 19690 (April 19, 2007).
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appropriate to use the margin calculated
for GTC, which was also found to be
separate from the PRC-wide entity with
respect to its export activities, and
which rate is not zero or de minimis nor
based entirely on facts available.
Therefore, we are assigning GTC’s
calculated margin as the rate assigned to
non-examined entities which
demonstrated their eligibility for a
separate rate.
PRC-Wide Entity
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Double Coin, one of the companies
that the Department selected as a
mandatory respondent in this
administrative review, failed to
demonstrate absence of de facto
government control over export
activities due to the fact that its
controlling shareholder is whollyowned by the State-owned Assets
Supervision and Administration
Commission of the State Council and
the significant level of control this
majority shareholder wields over the
respondent’s Board of Directors.15 As a
result, we determine that Double Coin is
part of the PRC-wide entity.
Because Double Coin provided the
Department with its verified sales and
production data, we are able to calculate
a margin for an unspecified portion of
a single PRC-wide entity, but cannot do
so for the remaining unspecified portion
of the entity. As the Department must
calculate a single margin for the PRCwide government controlled entity and
there is insufficient information on the
record with respect to the composition
of the PRC-wide entity, as facts available
pursuant to section 776(a)(1) of the Act,
we calculated a simple average of the
previously assigned PRC-wide rate
(210.48 percent) 16 and Double Coin’s
calculated margin (0.14 percent) as the
rate applicable to the PRC-wide entity.
Accordingly, the Department revised the
PRC-wide entity rate to 105.31 percent
for these final results.17
15 See Preliminary Results, 79 FR at 61292–93 and
accompanying Preliminary Decision Memorandum
at the ‘‘Separate Rates’’ section. See also Issues and
Decision Memorandum at Comment 1.
16 See Certain New Pneumatic Off-The-Road Tires
from the People’s Republic of China: Final
Affirmative Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of
Critical Circumstances, 73 FR 40485, 40489 (July
15, 2008).
17 See Memorandum to the File titled ‘‘2012–2013
Administrative Review of the Antidumping Duty
Order on Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of China: Analysis
of the Final Results Margin Calculation for Double
Coin,’’ dated April 8, 2015 (‘‘Double Coin Final
Analysis Memorandum’’). See also Issues and
Decision Memorandum at Comment 1.
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Changes Since the Preliminary Results
Based on an analysis of the comments
received, we made certain calculation
programming changes and revisions to
the valuation of certain factors of
production. For further details on the
changes we made for these final results,
see the Issues and Decision
Memorandum. See also Memorandum
to the File titled ‘‘Final Results of the
2012–2013 Administrative Review of
the Antidumping Duty Order on Certain
New Pneumatic off-The-Road Tires from
the People’s Republic of China:
Surrogate Value Memorandum,’’ dated
April 8, 2015; Memorandum to the File
titled ‘‘2012–2013 Administrative
Review of the Antidumping Duty Order
on Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of
China: Analysis of the Final Results
Margin Calculation for Guizhou Tyre
Co., Ltd.,’’ dated April 8, 2015; and
Double Coin Final Analysis
Memorandum.
Final Results
As a result of this administrative
review, we determine that the following
weighted-average dumping margins
exist for the period September 1, 2012,
through August 31, 2013:
Weighted
average
dumping
margin
20199
for the examined sales of subject
merchandise to the total sales quantity
of those same sales.20 For customers or
importers of GTC for which we received
entered-value information, we have
calculated importer- (or customer-)
specific antidumping duty assessment
rates based on importer- (or customer-)
specific ad valorem rates.21 For the nonexamined separate rate companies, we
will instruct CBP to liquidate all
appropriate entries at 11.34 percent. For
the PRC-wide entity, including Double
Coin, we will instruct CBP to liquidate
all appropriate entries at 105.31 percent.
The Department recently announced a
refinement to its assessment practice in
non-market economy (‘‘NME’’) cases.22
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the NME-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
NME-wide rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
Guizhou Tyre Co., Ltd./
entered, or withdrawn from warehouse,
Guizhou Tyre Import and
for consumption on or after the
Export Co., Ltd ..................
11.34 publication date of the final results of
Zhongce Rubber Group
this administrative review, as provided
Company Limited ..............
11.34
by section 751(a)(2)(C) of the Act: (1)
Weihai Zhongwei Rubber
Co., Ltd .............................
11.34 For the exporters listed above, the cash
PRC-Wide Entity 18 ...............
105.31 deposit rate will be equal to the
weighted-average dumping margin
identified in the ‘‘Final Results’’ section;
Assessment Rates
(2) for previously investigated or
The Department shall determine, and
reviewed PRC and non-PRC exporters
CBP shall assess, antidumping duties on
that are not under review in this
all appropriate entries covered by this
segment of the proceeding but that
review pursuant to section 751(a)(2)(C)
received a separate rate in a previous
of the Act and 19 CFR 351.212(b).19 The
segment, the cash deposit rate will
Department intends to issue assessment
continue to be the exporter-specific rate
instructions to CBP 15 days after the
(or exporter-producer chain rate)
date of publication of these final results
published for the most recently
of review.
For customers or importers of GTC for completed segment of this proceeding;
which we do not have entered value, we (3) for all PRC exporters of subject
merchandise which have not been
calculated importer- (or customer-)
found to be entitled to a separate rate,
specific antidumping duty assessment
the cash deposit rate will be the PRCamounts based on the ratio of the total
wide rate of 105.24 percent; and (4) for
amount of dumping duties calculated
all non-PRC exporters of subject
merchandise which have not received
18 The PRC-Wide Entity includes Double Coin.
Exporter
19 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (‘‘NME Antidumping
Proceedings’’).
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20 See
19 CFR 351.212(b)(1).
21 Id.
22 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter(s) that supplied that non-PRC
exporter. The cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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 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
antidumping duties.
Notification to Interested Parties
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 the 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.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
We are issuing and publishing the
final results and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: April 8, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
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BILLING CODE P
Proposed Information Collection;
Comment Request
Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Whether To Include Double
Coin in the PRC-Wide Entity and Adjust
the Entity Rate
Comment 2: Whether To Assign a Margin
to Trelleborg
Comment 3: Whether To Assign a Margin
to Zhongce
17:29 Apr 14, 2015
[FR Doc. 2015–08673 Filed 4–14–15; 8:45 am]
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Appendix
VerDate Sep<11>2014
Comment 4: Whether To Adjust U.S Prices
for Un-refunded Value-Added Tax
(‘‘VAT’’)
Comment 5: Use of Adverse Facts
Available in Calculating Double Coin’s
Margin
Comment 6: Use of PT Gajah Tunggal’s
Financial Statement for the Surrogate
Financial Ratio Calculation
Comment 7: Surrogate Value (‘‘SV’’) for
Coal
Comment 8: Valuation of Labor
Comment 9: Valuation of Domestic Truck
Freight
Comment 10: Valuation of Electricity
Comment 11: Container Weight Used in
Ocean Freight and Brokerage and
Handling Surrogate Value Calculations
Comment 12: Whether To Exclude Certain
Ocean Freight Charges When Calculating
a Surrogate Value for Ocean Freight
Comment 13: Whether To Deflate the
Surrogate Value for GTC’s Warehouse
Costs
Comment 14: Whether To Calculate
Region-Specific U.S. Delivery Charges
for GTC’s U.S. Inland Freight Surrogate
Value
Comment 15: Surrogate Values for GTC’s
Tackifier Inputs
Comment 16: Freight Distance Applied to
GTC’s Inputs
Comment 17: Calculation of Double Coin’s
Truck Freight and Distance
Comment 18: Whether Truck Freight Costs
are Over-Counted
Comment 19: Surrogate Value for Double
Coin’s Polyester Cord Inputs
Comment 20: Surrogate Values for Double
Coin’s Cinder and Calcium Oxide Byproducts
Comment 21: Calculation of Double Coin’s
Warranty Costs
Comment 22: Conversion of the Truck
Freight Surrogate Value Applied to
Double Coin’s Coal Consumption
Comment 23: Calculation of Credit Costs
for Double Coin’s Drop-Shipped Sales
Comment 24: Calculation of Inventory
Carrying Costs for Double Coin’s
Warehouse Sales
Comment 25: Differential Price Calculation
Recommendation
Corporation for National and
Community Service.
ACTION: Notice.
AGENCY:
The Corporation for National
and Community Service (CNCS), as part
of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and federal agencies with an
SUMMARY:
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opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) (44 U.S.C. Sec. 3506(c)(2)(A)).
This program helps to ensure that
requested data can be provided in the
desired format, reporting burdens (time
and financial resources) are minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed.
Currently, CNCS is soliciting
comments concerning its proposed
AmeriCorps Child Care Program
Information Collection. The AmeriCorps
Child Care Benefit Program is available
for qualified, active, full-time
AmeriCorps State and National, VISTA
and NCCC (including FEMA Corps)
Members who need the Child Care
benefit to serve. Child Care benefits are
paid directly to qualified child care
providers for all or part of the member’s
child care costs during their active time
of service with AmeriCorps. The
information collection is requested of
AmeriCorps Members who are applying
for the benefit; information collected is
used to determine a member’s eligibility
based upon statutory, regulatory, and
program eligibility requirements. In
addition, the information collection is
requested of the child care providers;
information collection is used
determine a child care provider’s
eligibility. Copies of the information
collection request can be obtained by
contacting the office listed in the
ADDRESSES section of this Notice.
DATES: Written comments must be
submitted to the individual and office
listed in the ADDRESSES section by June
15, 2015.
ADDRESSES: You may submit comments,
identified by the title of the information
collection activity, by any of the
following methods:
(1) By mail sent to: Corporation for
National and Community Service,
Attention Jennifer Veazey, Project
Manager, Room 9506A; 1201 New York
Avenue NW., Washington, DC 20525.
(2) By hand delivery or by courier to
the CNCS mailroom at Room 8100 at the
mail address given in paragraph (1)
above, between 9:00 a.m. and 4:00 p.m.
Eastern Time, Monday through Friday,
except Federal holidays.
(3) Electronically through
www.regulations.gov.
Individuals who use a
telecommunications device for the deaf
(TTY–TDD) may call 1–800–833–3722
between 8:00 a.m. and 8:00 p.m. Eastern
Time, Monday through Friday.
E:\FR\FM\15APN1.SGM
15APN1
]]>Agencies
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Pages 20197-20200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08673]
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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: Final Results of Antidumping Duty Administrative
Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: On October 10, 2014, the Department of Commerce
(``Department'') published the preliminary results of the
administrative review of the antidumping duty order on certain new
pneumatic off-the-road tires (``OTR tires'') from the People's Republic
of China (``PRC'').\1\ The period of review (``POR'') is September 1,
2012, through August 31, 2013. This review covers the following
exporters of subject merchandise: Mandatory respondents, Double Coin
Holdings Ltd. (``Double Coin'') and Guizhou Tyre Co., Ltd./Guizhou Tyre
Import and Export Co., Ltd. (collectively, ``GTC''), and non-examined
respondents Zhongce Rubber Group Company Limited (``Zhongce''), Weihai
Zhongwei Rubber Co., Ltd. (``Zhongwei''), and Trelleborg Wheel System
(Xingtai) China, Co. Ltd. (``Trelleborg''). We continue to find that
GTC made sales of subject merchandise at less than normal value; that
Zhongce and Zhongwei are eligible for separate rates; that Double Coin
failed to demonstrate eligibility for separate rate status and thus has
been included in the PRC-wide entity, and that Trelleborg had no
shipments during the POR. The final dumping margins for this review are
listed in the ``Final Results'' section below.
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\1\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 61291 (October 10, 2014)
(``Preliminary Results'').
DATES: Effective: April 15, 2015.
[[Page 20198]]
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, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4987 and (202) 482-5848, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2014, the Department published its Preliminary
Results of the antidumping duty administrative review of OTR tires from
the PRC and invited interested parties to comment on the preliminary
results. We granted parties an extension of time to submit case and
rebuttal briefs.\2\ On December 11, 2014, we received case briefs from
Petitioners,\3\ GTC, and Double Coin. On December 19, 2014, we received
a rebuttal brief from Trelleborg. On December 23, 2014, we received
rebuttal briefs from Petitioners, GTC, Double Coin, and Zhongce. On
December 30, 2014, the Department extended the deadline for the final
results until April 8, 2015.\4\ In accordance with timely requests from
parties, on February 25, 2015, the Department held a public hearing.\5\
We conducted this administrative review in accordance with section 751
of the Tariff Act of 1930, as amended (the ``Act'').
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\2\ See Letters from the Department titled ``2012-2013
Administrative Review of the Antidumping Duty Order on Certain New
Pneumatic Off-the-Road Tires from the People's Republic of China:
Extension of Time for Case Briefs and Rebuttal Briefs,'' dated
October 31, 2014, and ``2012-2013 Administrative Review of the
Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires
from the People's Republic of China: Second Extension of Time for
Case Briefs and Rebuttal Briefs,'' dated December 5, 2014. See also
``2012-2013 Administrative Review of the Antidumping Duty Order on
Certain New Pneumatic Off-the-Road Tires from the People's Republic
of China: Extension of Time for Rebuttal Briefs,'' dated December
15, 2014.
\3\ Titan Tire Corporation and the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL-CIO, CLC (collectively,
``Petitioners'').
\4\ See Memorandum titled ``Certain New Pneumatic Off-the-Road
Tires from the People's Republic of China: Extension of Deadline for
Final Results of Antidumping Duty Administrative Review,'' dated
December 30, 2014.
\5\ See Hearing Transcript, filed onto the record by Lisa Dennis
Court Reporting on March 25, 2015.
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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\
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\6\ For a complete description of the scope of the order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, titled, ``Issues and Decision Memorandum for Final
Results of Antidumping Duty Administrative Review: Certain New
Pneumatic Off-the-Road Tires from the People's Republic of China;
2012-2013,'' dated concurrently with this notice (``Issues and
Decision Memorandum'').
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum follows as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS'').\7\ ACCESS is
available to registered users at https://access.trade.gov and it 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 Issues and Decision Memorandum can be accessed directly on the
Internet at https://www.trade.gov/enforcement/. The signed Issues and
Decision Memorandum and electronic version of the Issues and Decision
Memorandum are identical in content.
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\7\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Final Determination of No Shipments
As noted in the Preliminary Results, we received a no-shipment
certification from Trelleborg.\8\ Consistent with its practice, the
Department asked U.S. Customs and Border Protection (``CBP'') to
conduct a query on potential shipments made by Trelleborg during the
POR; CBP did not provide any evidence that contradicts Trelleborg's
claim of no shipments.\9\ Based on Trelleborg's certification, our
analysis of CBP information, and analysis of interested parties'
comments, we determine that Trelleborg did not have any reviewable
transactions during the POR.\10\
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\8\ See Preliminary Results, 79 FR at 61292.
\9\ See CBP Message Number 3352302, dated December 18, 2013.
\10\ See Issues and Decision Memorandum at Comment 2.
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Final Determination of Affiliation and Collapsing
We continue to find that Double Coin Group Jiangsu Tyre Co., Ltd.,
Double Coin Group Shanghai Donghai Tyre Co., Ltd., and Double Coin
Holdings, Ltd. are affiliated pursuant to section 771(33)(E) of the Act
and should be collapsed together and treated as a single company
(collectively, ``Double Coin''), pursuant to the criteria laid out in
19 CFR 351.401(f).\11\
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\11\ See Preliminary Results, 79 FR at 61292. No party commented
on this issue in their case briefs.
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Separate Rates
In the Preliminary Results, we determined that GTC, Zhongce, and
Zhongwei are eligible for separate-rate status; we also determined that
Double Coin was part of the PRC-wide Entity.\12\ We made no changes to
these determinations for the final results.\13\
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\12\ Id., and accompanying Preliminary Decision Memorandum at
the ``Separate Rates'' section.
\13\ See Issues and Decision Memorandum at Comments 1 and 3.
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Rate for Non-Examined Companies Which Are Eligible for a Separate Rate
Normally, the Department's practice is to look for guidance from
section 735(c)(5)(A) of the Act, to assign to separate rate companies
that were not individually examined a rate equal to the average of the
rates calculated for the individually examined respondents, excluding
any rates that are zero, de minimis, or based entirely on adverse facts
available.\14\ In this case, we found one mandatory respondent, Double
Coin, to be part of the PRC-wide entity. The other mandatory
respondent, GTC, is receiving a separate rate calculated from its own
sales and production data. To determine a rate for the unselected
separate rate companies, we find it
[[Page 20199]]
appropriate to use the margin calculated for GTC, which was also found
to be separate from the PRC-wide entity with respect to its export
activities, and which rate is not zero or de minimis nor based entirely
on facts available. Therefore, we are assigning GTC's calculated margin
as the rate assigned to non-examined entities which demonstrated their
eligibility for a separate rate.
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\14\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of Critical
Circumstances: Certain Polyester Staple Fiber from the People's
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged
in Final Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690 (April 19, 2007).
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PRC-Wide Entity
Double Coin, one of the companies that the Department selected as a
mandatory respondent in this administrative review, failed to
demonstrate absence of de facto government control over export
activities due to the fact that its controlling shareholder is wholly-
owned by the State-owned Assets Supervision and Administration
Commission of the State Council and the significant level of control
this majority shareholder wields over the respondent's Board of
Directors.\15\ As a result, we determine that Double Coin is part of
the PRC-wide entity.
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\15\ See Preliminary Results, 79 FR at 61292-93 and accompanying
Preliminary Decision Memorandum at the ``Separate Rates'' section.
See also Issues and Decision Memorandum at Comment 1.
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Because Double Coin provided the Department with its verified sales
and production data, we are able to calculate a margin for an
unspecified portion of a single PRC-wide entity, but cannot do so for
the remaining unspecified portion of the entity. As the Department must
calculate a single margin for the PRC-wide government controlled entity
and there is insufficient information on the record with respect to the
composition of the PRC-wide entity, as facts available pursuant to
section 776(a)(1) of the Act, we calculated a simple average of the
previously assigned PRC-wide rate (210.48 percent) \16\ and Double
Coin's calculated margin (0.14 percent) as the rate applicable to the
PRC-wide entity. Accordingly, the Department revised the PRC-wide
entity rate to 105.31 percent for these final results.\17\
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\16\ See Certain New Pneumatic Off-The-Road Tires from the
People's Republic of China: Final Affirmative Determination of Sales
at Less Than Fair Value and Partial Affirmative Determination of
Critical Circumstances, 73 FR 40485, 40489 (July 15, 2008).
\17\ See Memorandum to the File titled ``2012-2013
Administrative Review of the Antidumping Duty Order on Certain New
Pneumatic Off-the-Road Tires from the People's Republic of China:
Analysis of the Final Results Margin Calculation for Double Coin,''
dated April 8, 2015 (``Double Coin Final Analysis Memorandum''). See
also Issues and Decision Memorandum at Comment 1.
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Changes Since the Preliminary Results
Based on an analysis of the comments received, we made certain
calculation programming changes and revisions to the valuation of
certain factors of production. For further details on the changes we
made for these final results, see the Issues and Decision Memorandum.
See also Memorandum to the File titled ``Final Results of the 2012-2013
Administrative Review of the Antidumping Duty Order on Certain New
Pneumatic off-The-Road Tires from the People's Republic of China:
Surrogate Value Memorandum,'' dated April 8, 2015; Memorandum to the
File titled ``2012-2013 Administrative Review of the Antidumping Duty
Order on Certain New Pneumatic Off-the-Road Tires from the People's
Republic of China: Analysis of the Final Results Margin Calculation for
Guizhou Tyre Co., Ltd.,'' dated April 8, 2015; and Double Coin Final
Analysis Memorandum.
Final Results
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist for the period
September 1, 2012, through August 31, 2013:
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\18\ The PRC-Wide Entity includes Double Coin.
------------------------------------------------------------------------
Weighted
average
Exporter dumping
margin
------------------------------------------------------------------------
Guizhou Tyre Co., Ltd./Guizhou Tyre Import and Export 11.34
Co., Ltd...............................................
Zhongce Rubber Group Company Limited.................... 11.34
Weihai Zhongwei Rubber Co., Ltd......................... 11.34
PRC-Wide Entity \18\.................................... 105.31
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review pursuant to
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).\19\ The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
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\19\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(``NME Antidumping Proceedings'').
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For customers or importers of GTC for which we do not have entered
value, we calculated importer- (or customer-) specific antidumping duty
assessment amounts based on the ratio of the total amount of dumping
duties calculated for the examined sales of subject merchandise to the
total sales quantity of those same sales.\20\ For customers or
importers of GTC for which we received entered-value information, we
have calculated importer- (or customer-) specific antidumping duty
assessment rates based on importer- (or customer-) specific ad valorem
rates.\21\ For the non-examined separate rate companies, we will
instruct CBP to liquidate all appropriate entries at 11.34 percent. For
the PRC-wide entity, including Double Coin, we will instruct CBP to
liquidate all appropriate entries at 105.31 percent.
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\20\ See 19 CFR 351.212(b)(1).
\21\ Id.
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The Department recently announced a refinement to its assessment
practice in non-market economy (``NME'') cases.\22\ Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the NME-wide rate. In addition, if the Department determines that an
exporter under review had no shipments of subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the NME-wide rate.
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\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be equal to the weighted-average dumping margin
identified in the ``Final Results'' section; (2) for previously
investigated or reviewed PRC and non-PRC exporters that are not under
review in this segment of the proceeding but that received a separate
rate in a previous segment, the cash deposit rate will continue to be
the exporter-specific rate (or exporter-producer chain rate) published
for the most recently completed segment of this proceeding; (3) for all
PRC exporters of subject merchandise which have not been found to be
entitled to a separate rate, the cash deposit rate will be the PRC-wide
rate of 105.24 percent; and (4) for all non-PRC exporters of subject
merchandise which have not received
[[Page 20200]]
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter(s) that supplied that non-PRC exporter. The cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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 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 antidumping
duties.
Notification to Interested Parties
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 the 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.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding, in
accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 8, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Whether To Include Double Coin in the PRC-Wide Entity
and Adjust the Entity Rate
Comment 2: Whether To Assign a Margin to Trelleborg
Comment 3: Whether To Assign a Margin to Zhongce
Comment 4: Whether To Adjust U.S Prices for Un-refunded Value-
Added Tax (``VAT'')
Comment 5: Use of Adverse Facts Available in Calculating Double
Coin's Margin
Comment 6: Use of PT Gajah Tunggal's Financial Statement for the
Surrogate Financial Ratio Calculation
Comment 7: Surrogate Value (``SV'') for Coal
Comment 8: Valuation of Labor
Comment 9: Valuation of Domestic Truck Freight
Comment 10: Valuation of Electricity
Comment 11: Container Weight Used in Ocean Freight and Brokerage
and Handling Surrogate Value Calculations
Comment 12: Whether To Exclude Certain Ocean Freight Charges
When Calculating a Surrogate Value for Ocean Freight
Comment 13: Whether To Deflate the Surrogate Value for GTC's
Warehouse Costs
Comment 14: Whether To Calculate Region-Specific U.S. Delivery
Charges for GTC's U.S. Inland Freight Surrogate Value
Comment 15: Surrogate Values for GTC's Tackifier Inputs
Comment 16: Freight Distance Applied to GTC's Inputs
Comment 17: Calculation of Double Coin's Truck Freight and
Distance
Comment 18: Whether Truck Freight Costs are Over-Counted
Comment 19: Surrogate Value for Double Coin's Polyester Cord
Inputs
Comment 20: Surrogate Values for Double Coin's Cinder and
Calcium Oxide By-products
Comment 21: Calculation of Double Coin's Warranty Costs
Comment 22: Conversion of the Truck Freight Surrogate Value
Applied to Double Coin's Coal Consumption
Comment 23: Calculation of Credit Costs for Double Coin's Drop-
Shipped Sales
Comment 24: Calculation of Inventory Carrying Costs for Double
Coin's Warehouse Sales
Comment 25: Differential Price Calculation
Recommendation
[FR Doc. 2015-08673 Filed 4-14-15; 8:45 am]
BILLING CODE P
