Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2012-2013, 26230-26232 [2015-11086]
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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
Bahrain is not circumventing the order
of PET Film from the UAE,1 pursuant to
section 781(b) of the Tariff Act of 1930,
as amended (the Act).
DATES: Effective: May 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4261.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are
all gauges of raw, pre-treated, or primed
polyethylene terephthalate film,
whether extruded or co-extruded.
Excluded are metallized films and other
finished films that have had at least one
of their surfaces modified by the
application of a performance-enhancing
resinous or inorganic layer more than
0.00001 inches thick. Also excluded is
roller transport cleaning film which has
at least one of its surfaces modified by
application of 0.5 micrometers of SBR
latex. Tracing and drafting film is also
excluded. Polyethylene terephthalate
film is classifiable under subheading
3920.62.00.90 of the Harmonized Tariff
Schedule of the United States (HTSUS).
While HTSUS subheadings are provided
for convenience and customs purposes,
our written description of the scope of
the order is dispositive.2
Scope of the Anti-Circumvention
Inquiry
This anti-circumvention inquiry
covers PET Film produced in Bahrain
by JBF Bahrain from inputs (PET chips
and silica chips) manufactured in the
UAE, and that is subsequently exported
from Bahrain to the United States.
mstockstill on DSK4VPTVN1PROD with NOTICES
Methodology
The Department has conducted this
preliminary determination of
circumvention in accordance with
section 781(b) of the Act and 19 CFR
1 See Polyethylene Terephthalate Film, Sheet, and
Strip From Brazil, the People’s Republic of China
and the United Arab Emirates: Antidumping Duty
Orders and Amended Final Determination of Sales
at Less Than Fair Value for the United Arab
Emirates, 73 FR 66595 (November 10, 2008)
(Order).
2 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Preliminary Decision Memorandum for Anticircumvention Inquiry of the Antidumping Duty
Order on Polyethylene Terephthalate Film, Sheet,
and Strip from the United Arab Emirates’’
(Preliminary Decision Memorandum), dated
concurrently with these results and herby adopted
by this notice.
VerDate Sep<11>2014
18:07 May 06, 2015
Jkt 235001
351.225(h). For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.3 The
Preliminary Decision Memorandum is
on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and it is
available to all parties in the Central
Records Unit in room 7046 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Preliminary Decision
Memorandum and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Preliminary Findings
As detailed in the Preliminary
Decision Memorandum, the Department
has preliminarily determined that the
process of completion or assembly of
PET Film produced by JBF Bahrain is
not minor or insignificant, pursuant to
section 781(b)(2) of the Act, nor is the
value of the merchandise produced in
the UAE a significant portion of the
value of PET film exported from Bahrain
to the United States, pursuant to section
781(b)(1)(D) of the Act. Therefore, the
Department preliminarily determines
that PET Film produced by JBF Bahrain
in Bahrain using inputs from the UAE,
and exported from Bahrain to the
United States, is not circumventing the
Order.
Public Comment
The Department intends to disclose
the analysis used in these preliminary
findings within five days of publication
of this notice. Interested parties are
invited to comment on the preliminary
results of this review. Pursuant to 19
CFR 351.309(b)(2), interested parties
may submit case briefs not later than 30
days after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may not be
filed later than five days after the time
limit for filing case briefs.4 Case and
rebuttal briefs, when submitted, must
comport with the requirements
contained in 19 CPR 351.309(c)(2) and
(d)(2).
Any interested party who wishes to
request a hearing, or to participate if one
is requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance within 30
days after the day of publication of this
3 Id.
4 See
PO 00000
19 CFR 351.309(d)(1).
Frm 00015
Fmt 4703
Sfmt 4703
notice pursuant to 19 CFR 351.310(c). A
request should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed.5 Issues
raised in the hearing will be limited to
those raised in case briefs.
Final Determination
According to 19 CFR 351.225(f)(5), the
Department will normally issue a final
scope ruling in a circumvention inquiry
within 300 days of the date of the
initiation inquiry. Because of the
extensive cost, investment, and research
and development information required
for this analysis from JBF, the
Department is extending the deadline
for the final ruling in this inquiry. The
final determination with respect to this
anti-circumvention inquiry, including
results of the Department’s analysis of
any written comments, will be issued no
later than July 31, 2015.
This preliminary negative
circumvention determination is
published in accordance with section
781(b) of the Act and 19 CFR 351.225.
Dated: May 1, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Scope of the Anticircumvention Inquiry
5. Statutory Framework
6. Statutory Analysis
7. Summary of Statutory Analysis
[FR Doc. 2015–11085 Filed 5–6–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Amended Final Results of
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is amending the Final
Results 1 of the administrative review of
AGENCY:
5 See
19 CFR 351.310(c).
Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 80 FR 20197 (April 15, 2015) (‘‘Final
Results’’) and accompanying Memorandum from
1 See
E:\FR\FM\07MYN1.SGM
07MYN1
Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
the antidumping duty order on certain
new pneumatic off-the-road tires (‘‘OTR
Tires’’) from the People’s Republic of
China (‘‘PRC’’) to correct a ministerial
error. The period of review (‘‘POR’’) is
September 1, 2012, through August 31,
2013.
DATES: Effective: May 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone 202–
482–4987.
SUPPLEMENTARY INFORMATION:
Background
On April 10, 2015, the Department
disclosed to interested parties its
calculations for the Final Results.2 On
April 15, 2015, we received a
ministerial error allegation from
Petitioners 3 regarding the Department’s
margin calculation for Guizhou Tyre
Co., Ltd./Guizhou Tyre Import and
Export Co., Ltd. (collectively, ‘‘GTC’’).4
mstockstill on DSK4VPTVN1PROD 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,
4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00,
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’’ (‘‘Issues
and Decision Memorandum’’).
2 See Memorandum, ‘‘2012–2013 Administrative
Review of the Antidumping Duty Order on Certain
New Pneumatic Off-the-Road Tires from the
People’s Republic of China: Disclosure of
Calculations for Final Results,’’ dated April 10,
2015.
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 Letter from the Petitioners to the
Department, titled ‘‘Administrative Review of the
Antidumping Duty Order on New Pneumatic OffThe-Road Tires from China (A–570–912):
Petitioners’ Clerical Error Comments, GTC,’’ dated
April 15, 2015. See also 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 (‘‘GTC’s Analysis
Memorandum’’).
VerDate Sep<11>2014
18:07 May 06, 2015
Jkt 235001
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.5
Ministerial Error
Section 751(h) of the Tariff Act of
1930, as amended (‘‘the Act’’), and 19
CFR 351.224(f) define a ‘‘ministerial
error’’ as an error ‘‘in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any similar type of
unintentional error which the Secretary
considers ministerial.’’ We analyzed
Petitioners’ ministerial error comments
and determined, in accordance with
section 751(h) of the Act and 19 CFR
351.224(e), that we made a ministerial
error in our calculation of GTC’s margin
for the Final Results by inadvertently
neglecting to include two of GTC’s
inputs in the total material cost buildup
for normal value.6
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results.7 The
revised weighted-average dumping
margins are detailed below.
Amended Final Results
As a result of correcting this
ministerial error, we determine that the
following weighted-average dumping
margins exist for the POR:
Weighted
average
dumping
margin
(percent)
Exporter
26231
(‘‘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).9 The Department intends to
issue assessment instructions to CBP 15
days after the date of publication of
these amended final results of review.
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.10 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.11 For the nonexamined separate rate companies, we
will instruct CBP to liquidate all
appropriate entries at 11.41 percent. For
the PRC-wide entity, including Double
Coin, we will instruct CBP to liquidate
all appropriate entries at 105.31 percent.
Consistent with the Department’s
assessment practice in non-market
economy cases,12 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 PRC-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 PRC-wide rate.
Cash Deposit Requirements
The following cash deposit
11.41
requirements will be effective for all
11.41 shipments of the subject merchandise
entered, or withdrawn from warehouse,
11.41 for consumption on or after the
105.31 publication date of the amended final
results of this administrative review, as
provided by section 751(a)(2)(C) of the
Assessment Rates
Act: (1) For the exporters listed above,
The Department shall determine, and
the U.S. Customs and Border Protection the cash deposit rate will be equal to the
weighted-average dumping margin
identified in the ‘‘Amended Final
5 For a complete description of the scope of the
Results’’ section; (2) for previously
order, see Issues and Decision Memorandum.
Guizhou Tyre Co., Ltd./Guizhou
Tyre Import and Export Co.,
Ltd ...........................................
Zhongce Rubber Group Company Limited ............................
Weihai Zhongwei Rubber Co.,
Ltd ...........................................
PRC-Wide Entity 8 ......................
6 See GTC’s Analysis Memorandum at
Attachment I.
7 See Memorandum to Melissa G. Skinner,
Director, AD/CVD Operations, Office III, 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: Ministerial Error Allegation for
the Final Results,’’ dated concurrently with this
notice.
8 The PRC-Wide Entity includes Double Coin
Holdings Ltd. (‘‘Double Coin’’).
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
9 See Antidumping Proceedings: 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’’).
10 See 19 CFR 351.212(b)(1).
11 Id.
12 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
E:\FR\FM\07MYN1.SGM
07MYN1
26232
Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
investigated or reviewed PRC and nonPRC 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 PRCwide rate of 105.31 percent; 13 and (4)
for all non-PRC exporters of subject
merchandise which have not received
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
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 for these amended final
results to interested parties within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b).
13 In
the ‘‘Cash Deposit Requirements’’ section of
the Final Results, the Department inadvertently
listed the PRC-wide cash deposit rate as 105.24
percent. The correct PRC-wide cash deposit rate is
105.31 percent.
VerDate Sep<11>2014
18:07 May 06, 2015
Jkt 235001
These amended final results of review
are issued and published in accordance
with section 751(h) of the Tariff Act of
1930 Act and 19 CFR 351.224(f).
Dated: May 1, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–11086 Filed 5–6–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meetings
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meetings.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for public meetings of the
Advisory Committee on Supply Chain
Competitiveness (Committee).
DATES: This conference call meeting will
be held on May 21, 2015, from 10:00
a.m. to 11:00 a.m., Eastern Standard
Time (EST).
Call In Information: The conference
call will have webinar capabilities.
Participants can join the event directly
at: https://www.mymeetings.com/nc/
join.php?i=PW3670392&p=4490607&t=
c. For those whose computers are
compatible to the webinar system, this
will give you both the ability to look at
the document and hear the
conversations of the meeting
participants. For those that do not hear
the audio from this site, you will have
to call 1–877–951–7311 and input the
passcode: 4490607 for audio.
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Office of Supply Chain,
Professional & Business Services,
International Trade Administration.
(Phone: (202) 482–1135 or Email:
richard.boll@trade.gov)
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Committee was established under
the discretionary authority of the
Secretary of Commerce and in
accordance with the Federal Advisory
Committee Act (5 U.S.C. App. 2). It
provides advice to the Secretary of
Commerce on the necessary elements of
a comprehensive policy approach to
supply chain competitiveness designed
to support U.S. export growth and
national economic competitiveness,
encourage innovation, facilitate the
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
movement of goods, and improve the
competitiveness of U.S. supply chains
for goods and services in the domestic
and global economy; and provides
advice to the Secretary on regulatory
policies and programs and investment
priorities that affect the competitiveness
of U.S. supply chains. For more
information about the Committee visit:
https://trade.gov/td/services/oscpb/
supplychain/acscc/.
Matters To Be Considered
Committee members are expected to
deliberate and vote on the Trade and
Competitiveness subcommittee’s
recommendation to Secretary Pritzker,
which generally urges the
Administration to expand market access
for U.S. firms to international markets,
implement the WTO Trade Facilitation
Agreement (TFA), support customs
trade transformation initiatives, and
ensure our trading partners’ compliance
with our trade agreements. This
recommendation, available at: https://
trade.gov/td/services/oscpb/supply
chain/acscc/documents/May%2021%20
2015%20Conf%20Call/ACSCC%20
trade%20ltr%20to%20SPP%20TC%20
Subcomm.pdf, has been reviewed and
discussed over the last several open
meetings of the ACSCC, most recently at
the April 16 meeting. The Office of
Supply Chain, Professional & Business
Services will post the final agenda and
the recommendation on its Web site at
least one week prior to the meeting. The
conference call will be open to the
public and press on a first-come, firstserved basis. Access lines are limited.
The minutes of the meetings will be
posted on the Committee Web site
within 60 days of the meeting.
Dated: May 1, 2015.
David Long,
Director, Office of Supply Chain, Professional
& Business Services.
[FR Doc. 2015–11073 Filed 5–6–15; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD925
Mid-Atlantic Fishery Management
Council (MAFMC); Fisheries of the
Northeastern United States; Public
Meeting.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
E:\FR\FM\07MYN1.SGM
07MYN1
]]>Agencies
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26230-26232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11086]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Amended Final Results of Antidumping Duty
Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (``Department'') is amending the
Final Results \1\ of the administrative review of
[[Page 26231]]
the antidumping duty order on certain new pneumatic off-the-road tires
(``OTR Tires'') from the People's Republic of China (``PRC'') to
correct a ministerial error. The period of review (``POR'') is
September 1, 2012, through August 31, 2013.
---------------------------------------------------------------------------
\1\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012- 2013, 80 FR 20197 (April 15, 2015)
(``Final Results'') and accompanying 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'' (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
DATES: Effective: May 7, 2015.
FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-4987.
SUPPLEMENTARY INFORMATION:
Background
On April 10, 2015, the Department disclosed to interested parties
its calculations for the Final Results.\2\ On April 15, 2015, we
received a ministerial error allegation from Petitioners \3\ regarding
the Department's margin calculation for Guizhou Tyre Co., Ltd./Guizhou
Tyre Import and Export Co., Ltd. (collectively, ``GTC'').\4\
---------------------------------------------------------------------------
\2\ See Memorandum, ``2012-2013 Administrative Review of the
Antidumping Duty Order on Certain New Pneumatic Off-the-Road Tires
from the People's Republic of China: Disclosure of Calculations for
Final Results,'' dated April 10, 2015.
\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 Letter from the Petitioners to the Department, titled
``Administrative Review of the Antidumping Duty Order on New
Pneumatic Off-The-Road Tires from China (A-570-912): Petitioners'
Clerical Error Comments, GTC,'' dated April 15, 2015. See also
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 (``GTC's Analysis Memorandum'').
---------------------------------------------------------------------------
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.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
---------------------------------------------------------------------------
Ministerial Error
Section 751(h) of the Tariff Act of 1930, as amended (``the Act''),
and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
similar type of unintentional error which the Secretary considers
ministerial.'' We analyzed Petitioners' ministerial error comments and
determined, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), that we made a ministerial error in our calculation of
GTC's margin for the Final Results by inadvertently neglecting to
include two of GTC's inputs in the total material cost buildup for
normal value.\6\
---------------------------------------------------------------------------
\6\ See GTC's Analysis Memorandum at Attachment I.
---------------------------------------------------------------------------
In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results.\7\ The revised weighted-average
dumping margins are detailed below.
---------------------------------------------------------------------------
\7\ See Memorandum to Melissa G. Skinner, Director, AD/CVD
Operations, Office III, 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: Ministerial Error
Allegation for the Final Results,'' dated concurrently with this
notice.
---------------------------------------------------------------------------
Amended Final Results
As a result of correcting this ministerial error, we determine that
the following weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Guizhou Tyre Co., Ltd./Guizhou Tyre Import and Export Co., 11.41
Ltd........................................................
Zhongce Rubber Group Company Limited........................ 11.41
Weihai Zhongwei Rubber Co., Ltd............................. 11.41
PRC-Wide Entity \8\......................................... 105.31
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and the U.S. Customs and Border
Protection (``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).\9\ The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these amended final results of review.
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\8\ The PRC-Wide Entity includes Double Coin Holdings Ltd.
(``Double Coin'').
\9\ See Antidumping Proceedings: 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.\10\ 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.\11\ For the non-examined separate rate companies, we will
instruct CBP to liquidate all appropriate entries at 11.41 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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\10\ See 19 CFR 351.212(b)(1).
\11\ Id.
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Consistent with the Department's assessment practice in non-market
economy cases,\12\ 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 PRC-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 PRC-wide rate.
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\12\ 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
amended 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 ``Amended Final Results'' section; (2) for
previously
[[Page 26232]]
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 105.31 percent; \13\ and (4) for all non-PRC exporters of
subject merchandise which have not received 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.
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\13\ In the ``Cash Deposit Requirements'' section of the Final
Results, the Department inadvertently listed the PRC-wide cash
deposit rate as 105.24 percent. The correct PRC-wide cash deposit
rate is 105.31 percent.
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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 for these amended final
results to interested parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
These amended final results of review are issued and published in
accordance with section 751(h) of the Tariff Act of 1930 Act and 19 CFR
351.224(f).
Dated: May 1, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-11086 Filed 5-6-15; 8:45 am]
BILLING CODE 3510-DS-P
