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]

Download as PDF 20197 Notices Federal Register Vol. 80, No. 72 Wednesday, April 15, 2015 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. 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. VerDate Sep<11>2014 17:29 Apr 14, 2015 Jkt 235001 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. PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 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’’). E:\FR\FM\15APN1.SGM 15APN1 20198 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices 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’’). tkelley on DSK3SPTVN1PROD with 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, 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. VerDate Sep<11>2014 17:29 Apr 14, 2015 Jkt 235001 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 http:// 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 http:// 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 http:// iaaccess.trade.gov to http://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. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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). E:\FR\FM\15APN1.SGM 15APN1 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices 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 tkelley on DSK3SPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 17:29 Apr 14, 2015 Jkt 235001 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’’). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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). E:\FR\FM\15APN1.SGM 15APN1 20200 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices 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. tkelley on DSK3SPTVN1PROD with NOTICES Jkt 235001 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: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 http://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 http://www.trade.gov/enforcement/. The signed Issues and 
Decision Memorandum and electronic version of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \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 http://iaaccess.trade.gov to http://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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \22\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

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