Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 61166-61170 [2015-25804]
Download as PDF
<![CDATA[
61166
Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices
under penalty of perjury as a substitute
for notarization.
Any individuals who seek records
from this system of records or any other
Department system of records on behalf
of another living person, must include
a statement, which conforms with 15
CFR part 4, from that person certifying
his/her agreement to allow access to the
records. Requesters should reasonably
specify the record contents being
sought.
RECORD ACCESS PROCEDURES:
Same as Notification Procedure
section above.
CONTESTNG RECORD PROCEDURES:
Same as Notification Procedure
section above. Requesters should also
reasonably identify the records, specify
the information they are contesting, and
state the corrective action sought and
the reasons for the correction with
supporting justification showing how
the record is incomplete, untimely,
inaccurate, or irrelevant.
RECORD SOURCE CATEGORIES:
Records are obtained from those
individuals who submit requests and
administrative appeals pursuant to the
FOIA and the Privacy Act or who file
litigation regarding such requests and
appeals; the agency record keeping
systems searched in the process of
responding to such requests and
appeals; Department personnel assigned
to handle such requests, appeals, and/or
litigation; other agencies or entities that
have referred to Department requests
concerning Department records or that
have consulted with the Department
regarding handling of particular
requests; and submitters or subjects of
records or information that have
provided assistance to the Department
in making access or amendment
determinations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
tkelley on DSK3SPTVN1PROD with NOTICES
Dated: October 1, 2015.
Michael J. Toland,
Department of Commerce, Acting Freedom
of Information/Privacy Act Officer.
[FR Doc. 2015–25742 Filed 10–8–15; 8:45 am]
BILLING CODE 3510–17–P
VerDate Sep<11>2014
17:44 Oct 08, 2015
Jkt 238001
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–41–2015]
Authorization of Production Activity,
Foreign-Trade Subzone 38A, BMW
Manufacturing Co., LLC, (Motor
Vehicles), Spartanburg, South Carolina
On June 3, 2015, BMW Manufacturing
Company, LLC, operator of Subzone
38A, submitted a notification of
proposed production activity to the
Foreign-Trade Zones (FTZ) Board for its
facility in Spartanburg, South Carolina.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (80 FR 35302–35303,
6–19–2015). The FTZ Board has
determined that no further review of the
activity is warranted at this time. The
production activity described in the
notification is authorized, subject to the
FTZ Act and the FTZ Board’s
regulations, including Section 400.14,
and further subject to a restriction
requiring that all foreign status textilebased felt strips and damping strips
(classified within HTSUS 5602.10 and
5602.90) used in the production activity
must be admitted to the subzone in
privileged foreign status (19 CFR
146.41).
Dated: October 1, 2015.
Pierre V. Duy,
Acting Executive Secretary.
[FR Doc. 2015–25813 Filed 10–8–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–40–2015]
Authorization of Production Activity;
Foreign-Trade Subzone 27N;
Claremont Flock, a Division of Spectro
Coating Corporation; (Acrylic and
Rayon Textile Flock) Leominster,
Massachusetts
On June 1, 2015, the Massachusetts
Port Authority, grantee of FTZ 27,
submitted a notification of proposed
production activity to the Foreign-Trade
Zones (FTZ) Board on behalf of
Claremont Flock, a division of Spectro
Coating Corporation, for its facility
within Subzone 27N in Leominster,
Massachusetts.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
public comment (80 FR 35303, 6–19–
2015). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the FTZ Board’s regulations, including
Section 400.14.
Dated: October 1, 2015.
Pierre V. Duy,
Acting Executive Secretary.
[FR Doc. 2015–25819 Filed 10–8–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–44–2015]
Authorization of Production Activity;
Foreign-Trade Subzone 222A, Hyundai
Motor Manufacturing Alabama, LLC
(Motor Vehicles), Montgomery,
Alabama
On June 5, 2015, the Montgomery
Area Chamber of Commerce, grantee of
FTZ 222, submitted a notification of
proposed production activity to the
Foreign-Trade Zones (FTZ) Board on
behalf of Hyundai Motor Manufacturing
Alabama, LLC, for its facility within
Subzone 222A in Montgomery,
Alabama.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (80 FR 38173, July 2,
2015). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the FTZ Board’s regulations, including
Section 400.14.
Dated: October 5, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–25829 Filed 10–8–15; 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: Preliminary Results of
Antidumping Duty Administrative
Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\09OCN1.SGM
09OCN1
Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices
The Department of Commerce
(‘‘Department’’) is conducting an
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’’). The period of review
(‘‘POR’’) is September 1, 2013, through
August 31, 2014. The review covers
twelve exporters of subject
merchandise.1 The Department
preliminarily finds that two mandatory
respondents, Qingdao Qihang Tyre Co.,
Ltd. (‘‘Qihang’’) and Xuzhou Xugong
Tyres Co., Ltd. (‘‘Xugong’’) 2, made sales
of subject merchandise at less than
normal value (‘‘NV’’) and an additional
four companies, Qingdao Free Trade
Zone Full-World International Trading
Co., Ltd. (‘‘Full-World’’), Trelleborg
Wheel Systems (Xingtai) China, Co. Ltd.
(‘‘TWS Xingtai’’) and Weihai Zhongwei
Rubber Co., Ltd. (‘‘Zhongwei’’), and
Tianjin Leviathan International Trade
Co., Ltd. (‘‘Leviathan’’), demonstrated
eligibility for separate rates status.
Further, the Department preliminarily
determines that two firms listed in the
Initiation Notice had no shipments
during the POR and one company failed
to demonstrate eligibility for separate
rate status. Finally, the remaining three
firms timely withdrew their requests for
review, and the Department previously
rescinded the review for these
companies.3 Interested parties are
invited to comment on these
preliminary results.
DATES: Effective Date: October 9, 2015.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Mandy Mallott, 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 or (202) 482–
6430, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
tkelley on DSK3SPTVN1PROD with NOTICES
On October 30, 2014, the Department
initiated the sixth administrative review
of the antidumping duty order on OTR
1 See Initiation of Antidumping and
Countervailing Duty Administrative Review, 79 FR
64565 (October 30, 2014) (‘‘Initiation Notice’’).
2 As discussed below, we collapsed Xugong with
Xuzhou Armour Rubber Company Ltd. (‘‘Armour’’)
and Xuzhou Hanbang Tyre Co., Ltd. (‘‘Hanbang’’) as
a single entity for the purposes of this review and
refer to the collapsed entity as ‘‘Xugong’’,
collectively, for the purposes of these preliminary
results.
3 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Partial
Rescission of Antidumping Duty Administrative
Review; 2013–2014, 80 FR 9695 (February 24, 2015)
(‘‘Notice of Partial Rescission’’).
VerDate Sep<11>2014
17:44 Oct 08, 2015
Jkt 238001
tires from the PRC.4 On April 23, 2015,
we extended the time limit for the
preliminary results of review by 120
days, pursuant to section 751(a)(3)(A) of
the Tariff Act of 1930, as amended
(‘‘Act’’), to September 30, 2015.5 For a
complete description of the events that
followed the initiation of this
administrative review, see the
Preliminary Decision Memorandum.6
Scope of the Order 7
The merchandise covered by this
order includes new pneumatic tires
designed for off-the-road and offhighway use, subject to certain
exceptions. The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written product description of
the scope of the order is dispositive.
Preliminary Determination of No
Shipments
On November 20, 2014, Trelleborg
Wheel Systems Hebei Co. (‘‘TWS
Hebei’’) submitted a timely-filed
certification indicating that it had no
shipments of subject merchandise to the
United States during the POR.8 Also, on
December 26, 2014, Zhongce Rubber
Group Company Limited (‘‘Zhongce’’)
submitted a timely-filed certification
indicating that it had no shipments of
subject merchandise to the United
States during the POR.9 Consistent with
4 See
Initiation Notice.
Memorandum to Christian Marsh entitled,
‘‘Certain New Pneumatic Off-the-Road Tires from
the People’s Republic of China: Extension of
Deadline for Preliminary Results of 2013–2014
Antidumping Duty Administrative Review,’’ dated
April 23, 2015.
6 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, entitled ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Certain
New Pneumatic Off-the-Road Tires from the
People’s Republic of China; 2013–2014’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrently with and hereby adopted by this
notice.
7 For a complete description of the scope of the
order, see the Preliminary Decision Memorandum.
8 See Letter from TWS Hebei, entitled,
‘‘Trelleborg Wheel Systems Hebei Co. Statement of
No Shipments during the POR: New Pneumatic OffThe-Road Tires from the People’s Republic of
China,’’ dated November 20, 2014.
9 See Letter from Zhongce entitled, ‘‘New
Pneumatic Off-the Road Tires from the People’s
5 See
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
61167
our practice, the Department asked
Customs and Border Protection (‘‘CBP’’)
to conduct a query on potential
shipments made by TWS Hebei and
Zhongce during the POR.10 Based on
TWS Hebei and Zhongce’s certifications
and our analysis of CBP data and
rebuttal information, we preliminarily
determine that TWS Hebei and Zhongce
did not have any reviewable
transactions during the POR. For
additional information regarding this
determination, see the Preliminary
Decision Memorandum. Consistent with
our assessment practice in non-market
economy (‘‘NME’’) cases, the
Department is not rescinding this
review for these companies, but intends
to complete the review and issue
appropriate instructions to CBP based
on the final results of the review.11
Preliminary Determination of
Affiliation and Collapsing
Based on the record evidence for
these preliminary results, we find that
Xugong, Armour, and Hanbang are
affiliated, pursuant to sections
771(33)(E) of the Act. Additionally,
based on the evidence presented in the
questionnaire responses and pursuant to
19 CFR 351.401(f)(1)–(2), we
preliminarily find that these companies
should be considered a single entity for
purposes of this review.12
Separate Rates
The Department preliminarily
determines that information placed on
the record by the mandatory
respondents Xugong and Qihang, as
well as by the four other separate rate
applicants, Full-World, TWS Xingtai,
Zhongwei, and Leviathan, demonstrates
that these companies are entitled to
separate rate status. For additional
information, see the Preliminary
Decision Memorandum.
Rate for Non-Examined Companies
Which Are Eligible for a Separate Rate
The statute and the Department’s
regulations do not address the
Republic of China (2013–2014): Zhongce Rubber
Group Company Limited No Shipment Letter,’’
dated December 26, 2014.
10 See CBP Message Number 5141301, dated May
21, 2015.
11 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
12 For further discussion of the Department’s
affiliation and collapsing decision, see the
Preliminary Decision Memorandum and
Memorandum to Erin Begnal, Director, Office III,
entitled, ‘‘2013–2014 Administrative Review of the
Antidumping Duty Order on Certain New
Pneumatic Off-the-Road Tires from the People’s
Republic of China: Preliminary Affiliation and
Collapsing Memorandum for Xuzhou Xugong Tyres
Co., Ltd.,’’ dated concurrently with this notice.
E:\FR\FM\09OCN1.SGM
09OCN1
61168
Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices
establishment of a rate to be applied to
respondents not selected for individual
examination when the Department
limits its examination of companies
subject to the administrative review
pursuant to section 777A(c)(2)(B) of the
Act. Generally, the Department looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when calculating the rate for
respondents not individually examined
in an administrative review. Section
735(c)(5)(A) of the Act articulates a
preference for not calculating an allothers rate using rates which are zero,
de minimis or based entirely on facts
available (‘‘FA’’). Accordingly, the
Department’s usual practice has been to
determine the dumping margin for
companies not individually examined
by averaging the weighted-average
dumping margins for the individually
examined respondents, excluding rates
that are zero, de minimis, or based
entirely on facts available.13 Consistent
with this practice, in this review, we
preliminarily calculated weightedaverage dumping margins for Qihang
and Xugong that are above de minimis
and not based entirely on FA; therefore,
the Department preliminarily assigns to
Leviathan, Full-World, TWS Xingtai,
and Zhongwei the average of the
weighted-average margins calculated for
Qihang and Xugong as the separate rate
for this review.14
PRC-Wide Entity
tkelley on DSK3SPTVN1PROD with NOTICES
The Department’s change in policy
regarding conditional review of the
PRC-wide entity applies to this
administrative review.15 Under this
policy, the PRC-wide entity will not be
under review unless a party specifically
requests, or the Department selfinitiates, a review of the entity. Because
no party requested a review of the PRCwide entity in this review, the entity is
not under review and the entity’s rate
(i.e., 105.31 percent) is not subject to
13 See Ball Bearings and Parts Thereof From
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
14 See Memorandum to the File entitled ‘‘2013–
2014 Administrative Review of the Antidumping
Duty Order on Certain New Pneumatic Off-the-Road
Tires from the People’s Republic of China:
Preliminary Results Margin Calculation for Separate
Rate Companies,’’ dated concurrently with this
notice.
15 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
VerDate Sep<11>2014
17:44 Oct 08, 2015
Jkt 238001
change.16 Aside from the no shipments
and separate rate companies discussed
above and the companies for which the
review was previously rescinded
(except where previously determined to
be a part of the PRC-wide entity, in the
case of Double Coin Holdings), the
Department considers all other
companies for which a review was
requested (i.e., Qingdao Haojia (Xinhai)
Tyre Co.), which did not file a separate
rate application) to be part of the PRCwide entity. For additional information,
see the Preliminary Decision
Memorandum.
Application of Facts Available and Use
of Adverse Inference
Section 776(a) of the Act provides that
the Department shall apply facts
available if (1) necessary information is
not on the record, or (2) an interested
party or any other person (A) withholds
information that has been requested, (B)
fails to provide information within the
deadlines established, or in the form
and manner requested by the
Department, subject to subsections (c)(1)
and (e) of section 782 of the Act, (C)
significantly impedes a proceeding, or
(D) provides information that cannot be
verified as provided by section 782(i) of
the Act.
Section 776(b) of the Act further
provides that the Department may use
an adverse inference in applying facts
available when a party has failed to
cooperate by not acting to the best of its
ability to comply with a request for
information. Such an adverse inference
may include reliance on information
derived from the petition, the final
determination, a previous
administrative review, or other
information placed on the record.
Based on findings at verification,
pursuant to sections 776(a) and (b) of
the Act, we are applying partial adverse
facts available to a portion of Xugong’s
U.S. sales. For details regarding this
determinations, see the Preliminary
Decision Memorandum.17
16 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); see also Certain
New Pneumatic Off-the-Road Tires From the
People’s Republic of China: Amended Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 80 FR 26230 (May 7, 2015).
17 See Memorandum from the Department
entitled, ‘‘2013–2014 Administrative Review of the
Antiduping Duty Order on Certain New Pneumatic
Off-the-Road Tires from the People’s Rpublic of
China: Verification of the Sales and Factors
Response of Xuzhou Xugong Tyres Co., Ltd. And
Affiliates,’’ dated concurrently with this notice and
Memorandum from the Department entitled,
‘‘2013–2014 Administrative Review of the
Antidumping Duty Order on Certain New
Pneumatic Off-the-Road Tires from the People’s
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) and 751(a)(2)(A) of the Act.
Export and constructed export prices
were calculated in accordance with
sections 772(a) and (b) of the Act.
Because the PRC is a nonmarket
economy within the meaning of section
771(18) of the Act, NV has been
calculated in accordance with section
773(c).
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary 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’’).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period September 1, 2013, through
August 31, 2014:
Exporter
Xuzhou Xugong Tyres Co.,
Ltd., Armour Rubber Company Ltd., or Xuzhou
Hanbang Tyre Co., Ltd .........
Qingdao Qihang Tyre Co., Ltd
Qingdao Free Trade Zone FullWorld International Trading
Co., Ltd .................................
Tianjin Leviathan International
Trade Co., Ltd .......................
Trelleborg Wheel Systems
(Xingtai) China, Co. Ltd ........
Weihai Zhongwei Rubber Co.,
Ltd .........................................
Weightedaverage
dumping
margin
(percent)
86.78
99.36
91.30
91.30
91.30
91.30
Republic of China: Analysis of the Preliminary
results Margin Calculation for Xuzhou Xugong
Tyres Co., Ltd.,’’ dated concurrently with this
notice.
E:\FR\FM\09OCN1.SGM
09OCN1
Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices
Disclosure, Public Comment and
Opportunity To Request a Hearing
The Department intends to disclose
the calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review in the Federal Register.18
Rebuttals to case briefs, which must be
limited to issues raised in the case
briefs, must be filed within five days
after the time limit for filing case
briefs.19 Parties who submit arguments
are requested to submit with the
argument (a) a statement of the issue, (b)
a brief summary of the argument, and (c)
a table of authorities.20 Parties
submitting briefs should do so pursuant
to the Department’s electronic filing
system, ACCESS.21
Any interested party may request a
hearing within 30 days of publication of
this notice.22 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.23
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final
Modification.25 For any individually
examined respondent whose weighted
average dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of this review, the Department
will calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of sales,
in accordance with 19 CFR
351.212(b)(1). Where an importer- (or
customer-) specific ad valorem rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation.26 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem rate is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.27 For the
respondents that were not selected for
individual examination in this
administrative review and that qualified
for a separate rate, the assessment rate
will be based on the average of the
mandatory respondents.28
Pursuant to the Department’s practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during the administrative review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. Additionally, if the Department
determines that an exporter had no
shipments of the 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.29
Assessment Rates
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
tkelley on DSK3SPTVN1PROD with NOTICES
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.24 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
For assessment purposes, the
Department applied the assessment rate
calculation method adopted in
Antidumping Proceedings: Calculation
18 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1)–(2).
20 See 19 CFR 351.309(c)(2), (d)(2).
21 See 19 CFR 351.303 (for general filing
requirements).
22 See 19 CFR 351.310(c).
23 See 19 CFR 351.310(d).
24 See 19 CFR 351.212(b).
19 See
VerDate Sep<11>2014
17:44 Oct 08, 2015
Jkt 238001
25 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) in the manner described in
more detail in the Preliminary Decision
Memorandum.
26 See 19 CFR 351.212(b)(1).
27 See 19 CFR 351.106(c)(2).
28 See Preliminary Decision Memorandum.
29 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
61169
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; 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 that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary 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 the POR. Failure
to comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: September 30, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review and
Preliminary Determination of No
Shipments
V. Respondent Selection and Determination
Not To Select TWS Xingtai as a
Voluntary Respondent
VI. Affiliation and Collapsing
VII. Discussion of Methodology
A. Non-Market Economy Country
B. Separate Rates
C. Margin for the Companies Individually
Examined
D. Margin for the Separate Rate Companies
Not Individually Examined
E:\FR\FM\09OCN1.SGM
09OCN1
61170
Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices
E. Margin for Companies Not Receiving a
Separate Rate
F. PRC-Wide Entity
G. Application of Facts Available and Use
of Adverse Inferences
H. Surrogate Country and Surrogate Value
Data
I. Surrogate Country
J. Economic Comparability
K. Significant Producers of Identical or
Comparable Merchandise
L. Data Availability
M. Date of Sale
N. Comparisons to Normal Value
O. Export Price and Constructed Export
Price
P. Value-Added Tax
Q. Normal Value
R. Factor Evaluations
S. Adjustment Under Section 777A(f) of
the Act
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2015–25804 Filed 10–8–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China:
Preliminary Results of Changed
Circumstances Review, and Intent To
Revoke Antidumping Duty Order in
Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 10, 2015, the
Department of Commerce (the
‘‘Department’’) received a request for
revocation, in part, of the antidumping
duty (‘‘AD’’) order on wooden bedroom
furniture from the People’s Republic of
China (‘‘PRC’’) 1 with respect to certain
bed bases. We preliminarily determine
that the producers accounting for
substantially all of the production of the
domestic like product to which the
Order pertains lack interest in the relief
provided by the Order with respect
certain bed bases described below.
Accordingly, we intend to revoke, in
part, the Order as to certain bed bases.
The Department invites interested
parties to comment on these preliminary
results.
DATES: Effective Date: October 9, 2015.
FOR FURTHER INFORMATION CONTACT: Cara
Lofaro or Howard Smith, AD/CVD
Operations, Office IV, Enforcement and
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture From the
People’s Republic of China, 70 FR 329 (January 4,
2005) (‘‘Order’’).
VerDate Sep<11>2014
17:44 Oct 08, 2015
Jkt 238001
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5720 or (202) 482–
5193, respectively.
Background
On January 4, 2005, the Department
published the Order in the Federal
Register. On April 10, 2015, the
Department received a request on behalf
of Olollo, Inc. (‘‘Olollo’’) for a changed
circumstances review to revoke, in part,
the Order with respect to certain bed
bases.2 On April 27, 2015, the American
Furniture Manufacturers Committee for
Legal Trade and Vaughan-Bassett
Furniture Company, Inc. (collectively,
‘‘Petitioners’’) stated that they agree
with the scope exclusion language
proposed by Olollo for certain bed
bases.3
On June 1, 2015, the Department
published the Initiation Notice for the
requested changed circumstances
review in the Federal Register.4 Because
the statement submitted by Petitioners
in support of Olollo’s Request did not
indicate whether Petitioners account for
substantially all of the domestic wooden
bedroom furniture production, in the
Initiation Notice, the Department
invited interested parties to submit
comments concerning industry support
for the revocation in part, with respect
to certain bed bases, as well as
comments and/or factual information
regarding the changed circumstances
review. No parties commented.
Scope of the Order
The product covered by the order is
wooden bedroom furniture. Wooden
bedroom furniture is generally, but not
exclusively, designed, manufactured,
and offered for sale in coordinated
groups, or bedrooms, in which all of the
individual pieces are of approximately
the same style and approximately the
same material and/or finish. The subject
merchandise is made substantially of
wood products, including both solid
wood and also engineered wood
products made from wood particles,
fibers, or other wooden materials such
2 See submission from Olollo, ‘‘Changed
Circumstance Review Wooden Bedroom Furniture
from the People’s Republic of China’’ dated April
10, 2015 (‘‘Olollo’s Request’’).
3 See April 27, 2015 letter from Petitioners Re:
Wooden Bedroom Furniture From The People’s
Republic of China/Petitioners’ Response to Olollo’s
Letter of April 10, 2015.
4 See Wooden Bedroom Furniture from the
People’s Republic of China: Notice of Initiation of
Changed Circumstances Review, and Consideration
of Revocation of the Antidumping Duty Order in
Part, 80 FR 31014 (June 1, 2015) (‘‘Initiation
Notice’’).
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
as plywood, strand board, particle
board, and fiberboard, with or without
wood veneers, wood overlays, or
laminates, with or without non-wood
components or trim such as metal,
marble, leather, glass, plastic, or other
resins, and whether or not assembled,
completed, or finished.
The subject merchandise includes the
following items: (1) Wooden beds such
as loft beds, bunk beds, and other beds;
(2) wooden headboards for beds
(whether stand-alone or attached to side
rails), wooden footboards for beds,
wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night
stands, dressers, commodes, bureaus,
mule chests, gentlemen’s chests,
bachelor’s chests, lingerie chests,
wardrobes, vanities, chessers,
chifforobes, and wardrobe-type cabinets;
(4) dressers with framed glass mirrors
that are attached to, incorporated in, sit
on, or hang over the dresser; (5) chestson-chests,5 highboys,6 lowboys,7 chests
of drawers,8 chests,9 door chests,10
chiffoniers,11 hutches,12 and
armoires; 13 (6) desks, computer stands,
filing cabinets, book cases, or writing
tables that are attached to or
incorporated in the subject
merchandise; and (7) other bedroom
furniture consistent with the above list.
The scope of the order excludes the
following items: (1) Seats, chairs,
benches, couches, sofas, sofa beds,
stools, and other seating furniture; (2)
5 A chest-on-chest is typically a tall chest-ofdrawers in two or more sections (or appearing to be
in two or more sections), with one or two sections
mounted (or appearing to be mounted) on a slightly
larger chest; also known as a tallboy.
6 A highboy is typically a tall chest of drawers
usually composed of a base and a top section with
drawers, and supported on four legs or a small chest
(often 15 inches or more in height).
7 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
8 A chest of drawers is typically a case containing
drawers for storing clothing.
9 A chest is typically a case piece taller than it
is wide featuring a series of drawers and with or
without one or more doors for storing clothing. The
piece can either include drawers or be designed as
a large box incorporating a lid.
10 A door chest is typically a chest with hinged
doors to store clothing, whether or not containing
drawers. The piece may also include shelves for
televisions and other entertainment electronics.
11 A chiffonier is typically a tall and narrow chest
of drawers normally used for storing undergarments
and lingerie, often with mirror(s) attached.
12 A hutch is typically an open case of furniture
with shelves that typically sits on another piece of
furniture and provides storage for clothes.
13 An armoire is typically a tall cabinet or
wardrobe (typically 50 inches or taller), with doors,
and with one or more drawers (either exterior below
or above the doors or interior behind the doors),
shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used
to hold television receivers and/or other audiovisual entertainment systems.
E:\FR\FM\09OCN1.SGM
09OCN1
]]>Agencies
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61166-61170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25804]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 61167]]
SUMMARY: The Department of Commerce (``Department'') is conducting an
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''). The period of review (``POR'') is September 1,
2013, through August 31, 2014. The review covers twelve exporters of
subject merchandise.\1\ The Department preliminarily finds that two
mandatory respondents, Qingdao Qihang Tyre Co., Ltd. (``Qihang'') and
Xuzhou Xugong Tyres Co., Ltd. (``Xugong'') \2\, made sales of subject
merchandise at less than normal value (``NV'') and an additional four
companies, Qingdao Free Trade Zone Full-World International Trading
Co., Ltd. (``Full-World''), Trelleborg Wheel Systems (Xingtai) China,
Co. Ltd. (``TWS Xingtai'') and Weihai Zhongwei Rubber Co., Ltd.
(``Zhongwei''), and Tianjin Leviathan International Trade Co., Ltd.
(``Leviathan''), demonstrated eligibility for separate rates status.
Further, the Department preliminarily determines that two firms listed
in the Initiation Notice had no shipments during the POR and one
company failed to demonstrate eligibility for separate rate status.
Finally, the remaining three firms timely withdrew their requests for
review, and the Department previously rescinded the review for these
companies.\3\ Interested parties are invited to comment on these
preliminary results.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 79 FR 64565 (October 30, 2014) (``Initiation
Notice'').
\2\ As discussed below, we collapsed Xugong with Xuzhou Armour
Rubber Company Ltd. (``Armour'') and Xuzhou Hanbang Tyre Co., Ltd.
(``Hanbang'') as a single entity for the purposes of this review and
refer to the collapsed entity as ``Xugong'', collectively, for the
purposes of these preliminary results.
\3\ See Certain New Pneumatic Off-the-Road Tires from the
People's Republic of China: Partial Rescission of Antidumping Duty
Administrative Review; 2013-2014, 80 FR 9695 (February 24, 2015)
(``Notice of Partial Rescission'').
---------------------------------------------------------------------------
DATES: Effective Date: October 9, 2015.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Mandy Mallott, 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 or (202) 482-6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 30, 2014, the Department initiated the sixth
administrative review of the antidumping duty order on OTR tires from
the PRC.\4\ On April 23, 2015, we extended the time limit for the
preliminary results of review by 120 days, pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as amended (``Act''), to
September 30, 2015.\5\ For a complete description of the events that
followed the initiation of this administrative review, see the
Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\4\ See Initiation Notice.
\5\ See Memorandum to Christian Marsh entitled, ``Certain New
Pneumatic Off-the-Road Tires from the People's Republic of China:
Extension of Deadline for Preliminary Results of 2013-2014
Antidumping Duty Administrative Review,'' dated April 23, 2015.
\6\ 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, entitled ``Decision Memorandum for Preliminary Results
of Antidumping Duty Administrative Review: Certain New Pneumatic
Off-the-Road Tires from the People's Republic of China; 2013-2014''
(``Preliminary Decision Memorandum''), dated concurrently with and
hereby adopted by this notice.
---------------------------------------------------------------------------
Scope of the Order \7\
---------------------------------------------------------------------------
\7\ For a complete description of the scope of the order, see
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
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.
Preliminary Determination of No Shipments
On November 20, 2014, Trelleborg Wheel Systems Hebei Co. (``TWS
Hebei'') submitted a timely-filed certification indicating that it had
no shipments of subject merchandise to the United States during the
POR.\8\ Also, on December 26, 2014, Zhongce Rubber Group Company
Limited (``Zhongce'') submitted a timely-filed certification indicating
that it had no shipments of subject merchandise to the United States
during the POR.\9\ Consistent with our practice, the Department asked
Customs and Border Protection (``CBP'') to conduct a query on potential
shipments made by TWS Hebei and Zhongce during the POR.\10\ Based on
TWS Hebei and Zhongce's certifications and our analysis of CBP data and
rebuttal information, we preliminarily determine that TWS Hebei and
Zhongce did not have any reviewable transactions during the POR. For
additional information regarding this determination, see the
Preliminary Decision Memorandum. Consistent with our assessment
practice in non-market economy (``NME'') cases, the Department is not
rescinding this review for these companies, but intends to complete the
review and issue appropriate instructions to CBP based on the final
results of the review.\11\
---------------------------------------------------------------------------
\8\ See Letter from TWS Hebei, entitled, ``Trelleborg Wheel
Systems Hebei Co. Statement of No Shipments during the POR: New
Pneumatic Off-The-Road Tires from the People's Republic of China,''
dated November 20, 2014.
\9\ See Letter from Zhongce entitled, ``New Pneumatic Off-the
Road Tires from the People's Republic of China (2013-2014): Zhongce
Rubber Group Company Limited No Shipment Letter,'' dated December
26, 2014.
\10\ See CBP Message Number 5141301, dated May 21, 2015.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Preliminary Determination of Affiliation and Collapsing
Based on the record evidence for these preliminary results, we find
that Xugong, Armour, and Hanbang are affiliated, pursuant to sections
771(33)(E) of the Act. Additionally, based on the evidence presented in
the questionnaire responses and pursuant to 19 CFR 351.401(f)(1)-(2),
we preliminarily find that these companies should be considered a
single entity for purposes of this review.\12\
---------------------------------------------------------------------------
\12\ For further discussion of the Department's affiliation and
collapsing decision, see the Preliminary Decision Memorandum and
Memorandum to Erin Begnal, Director, Office III, entitled, ``2013-
2014 Administrative Review of the Antidumping Duty Order on Certain
New Pneumatic Off-the-Road Tires from the People's Republic of
China: Preliminary Affiliation and Collapsing Memorandum for Xuzhou
Xugong Tyres Co., Ltd.,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Separate Rates
The Department preliminarily determines that information placed on
the record by the mandatory respondents Xugong and Qihang, as well as
by the four other separate rate applicants, Full-World, TWS Xingtai,
Zhongwei, and Leviathan, demonstrates that these companies are entitled
to separate rate status. For additional information, see the
Preliminary Decision Memorandum.
Rate for Non-Examined Companies Which Are Eligible for a Separate Rate
The statute and the Department's regulations do not address the
[[Page 61168]]
establishment of a rate to be applied to respondents not selected for
individual examination when the Department limits its examination of
companies subject to the administrative review pursuant to section
777A(c)(2)(B) of the Act. Generally, the Department looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for respondents not individually examined in an administrative
review. Section 735(c)(5)(A) of the Act articulates a preference for
not calculating an all-others rate using rates which are zero, de
minimis or based entirely on facts available (``FA''). Accordingly, the
Department's usual practice has been to determine the dumping margin
for companies not individually examined by averaging the weighted-
average dumping margins for the individually examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available.\13\ Consistent with this practice, in this review, we
preliminarily calculated weighted-average dumping margins for Qihang
and Xugong that are above de minimis and not based entirely on FA;
therefore, the Department preliminarily assigns to Leviathan, Full-
World, TWS Xingtai, and Zhongwei the average of the weighted-average
margins calculated for Qihang and Xugong as the separate rate for this
review.\14\
---------------------------------------------------------------------------
\13\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
\14\ See Memorandum to the File entitled ``2013-2014
Administrative Review of the Antidumping Duty Order on Certain New
Pneumatic Off-the-Road Tires from the People's Republic of China:
Preliminary Results Margin Calculation for Separate Rate
Companies,'' dated concurrently with this notice.
---------------------------------------------------------------------------
PRC-Wide Entity
The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\15\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the PRC-wide
entity in this review, the entity is not under review and the entity's
rate (i.e., 105.31 percent) is not subject to change.\16\ Aside from
the no shipments and separate rate companies discussed above and the
companies for which the review was previously rescinded (except where
previously determined to be a part of the PRC-wide entity, in the case
of Double Coin Holdings), the Department considers all other companies
for which a review was requested (i.e., Qingdao Haojia (Xinhai) Tyre
Co.), which did not file a separate rate application) to be part of the
PRC-wide entity. For additional information, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\15\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\16\ 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); see
also Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Amended Final Results of Antidumping Duty
Administrative Review; 2012-2013, 80 FR 26230 (May 7, 2015).
---------------------------------------------------------------------------
Application of Facts Available and Use of Adverse Inference
Section 776(a) of the Act provides that the Department shall apply
facts available if (1) necessary information is not on the record, or
(2) an interested party or any other person (A) withholds information
that has been requested, (B) fails to provide information within the
deadlines established, or in the form and manner requested by the
Department, subject to subsections (c)(1) and (e) of section 782 of the
Act, (C) significantly impedes a proceeding, or (D) provides
information that cannot be verified as provided by section 782(i) of
the Act.
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying facts available when a party has
failed to cooperate by not acting to the best of its ability to comply
with a request for information. Such an adverse inference may include
reliance on information derived from the petition, the final
determination, a previous administrative review, or other information
placed on the record.
Based on findings at verification, pursuant to sections 776(a) and
(b) of the Act, we are applying partial adverse facts available to a
portion of Xugong's U.S. sales. For details regarding this
determinations, see the Preliminary Decision Memorandum.\17\
---------------------------------------------------------------------------
\17\ See Memorandum from the Department entitled, ``2013-2014
Administrative Review of the Antiduping Duty Order on Certain New
Pneumatic Off-the-Road Tires from the People's Rpublic of China:
Verification of the Sales and Factors Response of Xuzhou Xugong
Tyres Co., Ltd. And Affiliates,'' dated concurrently with this
notice and Memorandum from the Department entitled, ``2013-2014
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 Preliminary results Margin Calculation for Xuzhou
Xugong Tyres Co., Ltd.,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) and 751(a)(2)(A) of the Act. Export and constructed export
prices were calculated in accordance with sections 772(a) and (b) of
the Act. Because the PRC is a nonmarket economy within the meaning of
section 771(18) of the Act, NV has been calculated in accordance with
section 773(c).
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
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''). ACCESS is available
to registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period September 1,
2013, through August 31, 2014:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd., 86.78
or Xuzhou Hanbang Tyre Co., Ltd...........................
Qingdao Qihang Tyre Co., Ltd............................... 99.36
Qingdao Free Trade Zone Full-World International Trading 91.30
Co., Ltd..................................................
Tianjin Leviathan International Trade Co., Ltd............. 91.30
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.......... 91.30
Weihai Zhongwei Rubber Co., Ltd............................ 91.30
------------------------------------------------------------------------
[[Page 61169]]
Disclosure, Public Comment and Opportunity To Request a Hearing
The Department intends to disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\18\ Rebuttals to case briefs, which must be limited
to issues raised in the case briefs, must be filed within five days
after the time limit for filing case briefs.\19\ Parties who submit
arguments are requested to submit with the argument (a) a statement of
the issue, (b) a brief summary of the argument, and (c) a table of
authorities.\20\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.\21\
---------------------------------------------------------------------------
\18\ See 19 CFR 351.309(c)(1)(ii).
\19\ See 19 CFR 351.309(d)(1)-(2).
\20\ See 19 CFR 351.309(c)(2), (d)(2).
\21\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\22\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\23\
---------------------------------------------------------------------------
\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\24\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
---------------------------------------------------------------------------
\24\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
For assessment purposes, the Department applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification.\25\ For any individually
examined respondent whose weighted average dumping margin is above de
minimis (i.e., 0.50 percent) in the final results of this review, the
Department will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales to the total entered value of sales, in
accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-)
specific ad valorem rate is greater than de minimis, the Department
will instruct CBP to collect the appropriate duties at the time of
liquidation.\26\ Where either a respondent's weighted average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
ad valorem rate is zero or de minimis, the Department will instruct CBP
to liquidate appropriate entries without regard to antidumping
duties.\27\ For the respondents that were not selected for individual
examination in this administrative review and that qualified for a
separate rate, the assessment rate will be based on the average of the
mandatory respondents.\28\
---------------------------------------------------------------------------
\25\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) in
the manner described in more detail in the Preliminary Decision
Memorandum.
\26\ See 19 CFR 351.212(b)(1).
\27\ See 19 CFR 351.106(c)(2).
\28\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Pursuant to the Department's practice, for entries that were not
reported in the U.S. sales databases submitted by companies
individually examined during the administrative review, the Department
will instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, if the Department determines that an exporter had no
shipments of the 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.\29\
---------------------------------------------------------------------------
\29\ For a full discussion of this practice, 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 upon
publication of the final results of this review for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity; 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 that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary 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 the POR. Failure to
comply with this requirement could result in the Department's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: September 30, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review and Preliminary Determination of No
Shipments
V. Respondent Selection and Determination Not To Select TWS Xingtai
as a Voluntary Respondent
VI. Affiliation and Collapsing
VII. Discussion of Methodology
A. Non-Market Economy Country
B. Separate Rates
C. Margin for the Companies Individually Examined
D. Margin for the Separate Rate Companies Not Individually
Examined
[[Page 61170]]
E. Margin for Companies Not Receiving a Separate Rate
F. PRC-Wide Entity
G. Application of Facts Available and Use of Adverse Inferences
H. Surrogate Country and Surrogate Value Data
I. Surrogate Country
J. Economic Comparability
K. Significant Producers of Identical or Comparable Merchandise
L. Data Availability
M. Date of Sale
N. Comparisons to Normal Value
O. Export Price and Constructed Export Price
P. Value-Added Tax
Q. Normal Value
R. Factor Evaluations
S. Adjustment Under Section 777A(f) of the Act
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2015-25804 Filed 10-8-15; 8:45 am]
BILLING CODE 3510-DS-P
