Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 71068-71071 [2016-24821]
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71068
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
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notice of initiation. Parties wishing to
participate in any of these
administrative reviews should ensure
that they meet the requirements of these
procedures (e.g., the filing of separate
letters of appearance as discussed at 19
CFR 351.103(d)).
Revised Factual Information
Requirements
On April 10, 2013, the Department
published Definition of Factual
Information and Time Limits for
Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10,
2013), which modified two regulations
related to antidumping and
countervailing duty proceedings: the
definition of factual information (19
CFR 351.102(b)(21)), and the time limits
for the submission of factual
information (19 CFR 351.301). The final
rule identifies five categories of factual
information in 19 CFR 351.102(b)(21),
which are summarized as follows: (i)
Evidence submitted in response to
questionnaires; (ii) evidence submitted
in support of allegations; (iii) publicly
available information to value factors
under 19 CFR 351.408(c) or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2); (iv) evidence placed
on the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The final rule
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
final rule also modified 19 CFR 351.301
so that, rather than providing general
time limits, there are specific time limits
based on the type of factual information
being submitted. These modifications
are effective for all segments initiated on
or after May 10, 2013. Please review the
final rule, available at https://
enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in this
segment.
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information.6 Parties are hereby
reminded that revised certification
requirements are in effect for company/
government officials as well as their
representatives. All segments of any
6 See
section 782(b) of the Act.
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antidumping duty or countervailing
duty proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.7 The
Department intends to reject factual
submissions in any proceeding
segments if the submitting party does
not comply with applicable revised
certification requirements.
Revised Extension of Time Limits
Regulation
On September 20, 2013, the
Department modified its regulation
concerning the extension of time limits
for submissions in antidumping and
countervailing duty proceedings: Final
Rule, 78 FR 57790 (September 20, 2013).
The modification clarifies that parties
may request an extension of time limits
before a time limit established under
Part 351 expires, or as otherwise
specified by the Secretary. In general, an
extension request will be considered
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
7 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also the frequently
asked questions regarding the Final Rule, available
at https://enforcement.trade.gov/tlei/notices/
factual_info_final_rule_FAQ_07172013.pdf.
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the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: October 6, 2016.
Christian Marsh,
Deputy Assistant Secretary, for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–24809 Filed 10–13–16; 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; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
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, 2014, through
August 31, 2015. The Department
preliminarily finds that Xuzhou Xugong
Tyres Co., Ltd. (‘‘Xugong’’), Xuzhou
Armour Rubber Company Ltd.
(‘‘Armour’’) and Xuzhou Hanbang Tyre
Co., Ltd. (‘‘Hanbang’’) (collectively,
‘‘Xugong’’), made sales of subject
merchandise at less than normal value
(‘‘NV’’) and that Trelleborg Wheel
Systems Hebei Co. (‘‘TWS Hebei’’) had
no shipments during the POR. The
Department invites interested parties to
comment on this preliminary
determination.
DATES: Effective October 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes or Mandy Mallott, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5139 or (202) 482–6430,
respectively.
AGENCY:
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2015, the Department
initiated the seventh administrative
review of the antidumping duty order
on OTR tires from the PRC.1 As
explained in the memorandum from the
Acting Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll all administrative deadlines due to
the recent closure of the Federal
Government.2 Accordingly, all
deadlines in this segment of the
proceeding have been extended by four
business days.3 On May 3, 2016, 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 October 5, 2016.4 For a
complete description of the events that
followed the initiation of this
administrative review, see the
Preliminary Decision Memorandum.5 A
list of topics included in the
Preliminary Decision Memorandum is
included as Appendix I.
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Scope of the Order 6
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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Review, 80 FR
69193 (November 9, 2016) (‘‘Initiation Notice’’).
2 See Memorandum to the File from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, ‘‘Tolling of Administrative Deadlines
As a Result of the Government Closure During
Snowstorm Jonas’’ dated January 27, 2016.
3 Id.
4 See Memorandum to Christian Marsh, ‘‘Certain
New Pneumatic Off-the-Road Tires from the
People’s Republic of China: Extension of Deadline
for Preliminary Results of 2014–2015 Antidumping
Duty Administrative Review,’’ dated May 3, 2016.
5 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, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Certain
New Pneumatic Off-the-Road Tires from the
People’s Republic of China; 2014–2015’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrently with and hereby adopted by this
notice.
6 For a complete description of the scope of the
order, see the Preliminary Decision Memorandum.
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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 17, 2015, TWS Hebei
submitted a timely-filed certification
indicating that it had no shipments of
subject merchandise to the United
States during the POR.7 Consistent with
our practice, the Department asked
Customs and Border Protection (‘‘CBP’’)
to conduct a query on potential
shipments made by TWS Hebei.8 Based
on TWS Hebei’s certifications and our
analysis of CBP data and rebuttal
information, we preliminarily determine
that TWS Hebei 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 of the company, but intends to
complete the review and issue
appropriate instructions to CBP based
on the final results of the review.9
Separate Rates
The Department preliminarily
determines that information placed on
the record by the mandatory respondent
Xugong,10 as well as nine other separate
rate applicants, Shiyan Desizheng
Industry & Trade Co., Ltd.
(‘‘Desizheng’’), Qingdao Jinhaoyang
International Co., Ltd. (‘‘Jinhaoyang’’),
Weifang Jintongda Tyre Co., Ltd.
(‘‘Jintongda’’), Sailun Jinyu Group Co.,
Ltd. (‘‘Sailun’’), Qingdao Free Trade
Zone Full-World International Trading
Co., Ltd. (‘‘Qingdao FTZ’’), Qingdao
Qihang Tyre Co. (‘‘Qihang’’), Trelleborg
7 See Letter from TWS Hebei, ‘‘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 17, 2015.
8 See CBP Message Number 6207309, dated July
25, 2016.
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
10 The Department previously collapsed Xugong
and its affiliates Armour and Hanbang into a single
entity, see Certain New Pneumatic Off-The-Road
Tires From The People’s Republic Of China:
Preliminary Results Of Antidumping Duty
Administrative Review; 2013–2014, 80 FR 61166,
61167 (October 9, 2015), unchanged in Certain New
Pneumatic Off-the-Road Tires From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2013–2014, 81 FR
23272 (April 20, 2016). This decision is
unchallenged in the instant review; thus the
Department continues to treat Xugong, Armour, and
Hanbang as a single entity.
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71069
Wheel Systems (Xingtai) China, Co. Ltd.
(‘‘TWS Xingtai’’), Weihai Zhongwei
Rubber Co., Ltd. (‘‘Zhongwei’’), and
Zhongce Rubber Group Company
Limited (‘‘Zhongce’’), 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
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 adverse
facts available (‘‘AFA’’).11 Accordingly,
the Department’s usual practice has
been to determine the dumping margin
for companies not individually
examined by averaging the weightedaverage dumping margins for the
individually examined respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available.12 Consistent with this
practice, in this review, we
preliminarily calculated a weightedaverage dumping margin for Xugong
that is above de minimis and not based
entirely on AFA; therefore, the
Department preliminarily assigns to
Desizheng, Jinhaoyang, Jintongda,
Sailun, Qingdao FTZ, Qihang, TWS
Xingtai, Zhongwei, and Zhongce the
weighted-average margin calculated for
Xugong as the separate rate for this
review.
PRC-Wide Entity
The Department’s change in policy
regarding conditional review of the
11 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.
12 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.
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
PRC-wide entity applies to this
administrative review.13 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 is
not subject to change (i.e., 105.31
percent).14 Aside from the no shipments
and separate rate companies discussed
above, the Department considers all
other companies for which a review was
requested, were not found eligible for a
separate rate based on information
provided, including Guizhou Tyre Co.,
Ltd. (‘‘GTC’’),15 Aeolus Tyre Co., Ltd.,
and Tianjin Leviathan International
Trade Co., Ltd., to be part of the PRCwide entity.16 For additional
information, see the Preliminary
Decision Memorandum.
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, normal value (‘‘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, 2014, through
August 31, 2015:
Weighted-average
dumping margin
(percent)
Exporter
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company Ltd., or Xuzhou Hanbang Tyre Co., Ltd. .......................................
Shiyan Desizheng Industry & Trade Co., Ltd. ...............................................................................................................................
Qingdao Jinhaoyang International Co., Ltd. ..................................................................................................................................
Sailun Jinyu Group Co., Ltd. .........................................................................................................................................................
Weifang Jintongda Tyre Co., Ltd. ..................................................................................................................................................
Zhongce Rubber Group Company Limited ...................................................................................................................................
Weihai Zhongwei Rubber Co., Ltd. ...............................................................................................................................................
Qingdao Qihang Tyre Co. .............................................................................................................................................................
Qingdao Free Trade Zone Full-World International Trading Co., Ltd. ..........................................................................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd. ....................................................................................................................
33.58
33.58
33.58
33.58
33.58
33.58
33.58
33.58
33.58
33.58
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.17
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.18 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.19 Parties
submitting briefs should do so pursuant
to the Department’s electronic filing
system, ACCESS.20
Any interested party may request a
hearing within 30 days of publication of
this notice.21 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, 1401
Constitution Avenue NW., Washington,
DC 20230.22
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.
13 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).
14 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).
15 The Department notes that it previously
collapsed GTC and Guizhou Tyre Import and
Export Corporation (‘‘GTCIE’’), into a single entity
and that that decision is unchallenged in the instant
review. See Certain New Pneumatic Off-The-Road
Tires From the People’s Republic of China;
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 73 FR 9278, 9283 (February 20,
2008), unchanged in Certain New Pneumatic OffThe-Road Tires from the People’s Republic of
China: Final Affirmative Determination of Sales at
Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances, 73 FR
40485 (July 15, 2008).
16 See Preliminary Decision Memorandum. See
also Memorandum to the File, ‘‘Preliminary Denial
of Separate Rates in the Antidumping Duty
Administrative Review of New Pneumatic Off-theRoad Tires from the People’s Republic of China,’’
dated concurrently with and hereby adopted by this
notice.
17 See 19 CFR 351.309(c)(1)(ii).
18 See 19 CFR 351.309(d)(1)–(2).
19 See 19 CFR 351.309(c)(2), (d)(2).
20 See 19 CFR 351.303 (for general filing
requirements).
21 See 19 CFR 351.310(c).
22 See 19 CFR 351.310(d).
Additionally, the Department
preliminarily determines that GTS,
Aeolus Tyre CO., Ltd., and Tianjin
Leviathan International Trade Co., Ltd.,
to be a part of the PRC-wide entity.
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Disclosure, Public Comment and
Opportunity to Request a Hearing
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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.23 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
Assessment Rate Modification.24 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.25 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.26 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.27
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.28
23 See
19 CFR 351.212(b).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Assessment Rate
Modification’’) in the manner described in more
detail in the Preliminary Decision Memorandum.
25 See 19 CFR 351.212(b)(1).
26 See 19 CFR 351.106(c)(2).
27 See Preliminary Decision Memorandum.
28 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
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24 See
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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 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.
71071
IV. Preliminary Determination of No
Shipments
V. Discussion of Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value
Data
C. Surrogate Country
D. Separate Rates
E. Margin for the Companies Individually
Examined
F. Margin for the Separate Rate Companies
Not Individually Examined
G. Margin for Companies Not Receiving a
Separate Rate
H. Date of Sale
I. Comparisons to Normal Value
J. U.S. Price
K. Normal Value
L. Factor Valuations
VI. Adjustment Under Section 777A(f) of the
Act
VII. Recommendation
[FR Doc. 2016–24821 Filed 10–13–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–817]
Certain Oil Country Tubular Goods
From the Socialist Republic of
Vietnam: Preliminary Results of
Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
SEAH Steel VINA Corporation (SSV),
the Department of Commerce (the
Department) is conducting an
administrative review of the
antidumping duty (AD) order on certain
oil country tubular goods (OCTG) from
the Socialist Republic of Vietnam
(Vietnam) for the period (POR) February
25, 2014, through August 31, 2015. The
Department preliminarily determines
that SSV did not sell subject
merchandise in the United States at
prices below normal value (NV) during
the period of review (POR). Interested
parties are invited to comment on these
preliminary results.
DATES: Effective October 14, 2016.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone 202–482–2924.
SUPPLEMENTARY INFORMATION:
AGENCY:
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: October 5, 2016.
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
Background
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
On November 9, 2015, the Department
initiated an administrative review of the
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]]>Agencies
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71068-71071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24821]
-----------------------------------------------------------------------
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; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
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,
2014, through August 31, 2015. The Department preliminarily finds that
Xuzhou Xugong Tyres Co., Ltd. (``Xugong''), Xuzhou Armour Rubber
Company Ltd. (``Armour'') and Xuzhou Hanbang Tyre Co., Ltd.
(``Hanbang'') (collectively, ``Xugong''), made sales of subject
merchandise at less than normal value (``NV'') and that Trelleborg
Wheel Systems Hebei Co. (``TWS Hebei'') had no shipments during the
POR. The Department invites interested parties to comment on this
preliminary determination.
DATES: Effective October 14, 2016.
FOR FURTHER INFORMATION CONTACT: Keith Haynes or Mandy Mallott, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5139 or (202) 482-6430,
respectively.
[[Page 71069]]
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2015, the Department initiated the seventh
administrative review of the antidumping duty order on OTR tires from
the PRC.\1\ As explained in the memorandum from the Acting Assistant
Secretary for Enforcement and Compliance, the Department exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government.\2\ Accordingly, all deadlines in
this segment of the proceeding have been extended by four business
days.\3\ On May 3, 2016, 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 October 5, 2016.\4\ For a
complete description of the events that followed the initiation of this
administrative review, see the Preliminary Decision Memorandum.\5\ A
list of topics included in the Preliminary Decision Memorandum is
included as Appendix I.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 80 FR 69193 (November 9, 2016) (``Initiation
Notice'').
\2\ See Memorandum to the File from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, ``Tolling of Administrative Deadlines
As a Result of the Government Closure During Snowstorm Jonas'' dated
January 27, 2016.
\3\ Id.
\4\ See Memorandum to Christian Marsh, ``Certain New Pneumatic
Off-the-Road Tires from the People's Republic of China: Extension of
Deadline for Preliminary Results of 2014-2015 Antidumping Duty
Administrative Review,'' dated May 3, 2016.
\5\ 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, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Certain New Pneumatic Off-
the-Road Tires from the People's Republic of China; 2014-2015''
(``Preliminary Decision Memorandum''), dated concurrently with and
hereby adopted by this notice.
---------------------------------------------------------------------------
Scope of the Order \6\
---------------------------------------------------------------------------
\6\ 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 17, 2015, TWS Hebei submitted a timely-filed
certification indicating that it had no shipments of subject
merchandise to the United States during the POR.\7\ Consistent with our
practice, the Department asked Customs and Border Protection (``CBP'')
to conduct a query on potential shipments made by TWS Hebei.\8\ Based
on TWS Hebei's certifications and our analysis of CBP data and rebuttal
information, we preliminarily determine that TWS Hebei 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 of the company, but
intends to complete the review and issue appropriate instructions to
CBP based on the final results of the review.\9\
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\7\ See Letter from TWS Hebei, ``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 17,
2015.
\8\ See CBP Message Number 6207309, dated July 25, 2016.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
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Separate Rates
The Department preliminarily determines that information placed on
the record by the mandatory respondent Xugong,\10\ as well as nine
other separate rate applicants, Shiyan Desizheng Industry & Trade Co.,
Ltd. (``Desizheng''), Qingdao Jinhaoyang International Co., Ltd.
(``Jinhaoyang''), Weifang Jintongda Tyre Co., Ltd. (``Jintongda''),
Sailun Jinyu Group Co., Ltd. (``Sailun''), Qingdao Free Trade Zone
Full-World International Trading Co., Ltd. (``Qingdao FTZ''), Qingdao
Qihang Tyre Co. (``Qihang''), Trelleborg Wheel Systems (Xingtai) China,
Co. Ltd. (``TWS Xingtai''), Weihai Zhongwei Rubber Co., Ltd.
(``Zhongwei''), and Zhongce Rubber Group Company Limited (``Zhongce''),
demonstrates that these companies are entitled to separate rate status.
For additional information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\10\ The Department previously collapsed Xugong and its
affiliates Armour and Hanbang into a single entity, see Certain New
Pneumatic Off-The-Road Tires From The People's Republic Of China:
Preliminary Results Of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 61166, 61167 (October 9, 2015), unchanged in Certain New
Pneumatic Off-the-Road Tires From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2013-2014,
81 FR 23272 (April 20, 2016). This decision is unchallenged in the
instant review; thus the Department continues to treat Xugong,
Armour, and Hanbang as a single entity.
---------------------------------------------------------------------------
Rate for Non-Examined Companies Which Are Eligible for a Separate Rate
The statute and the Department's regulations do not address the
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 adverse facts available (``AFA'').\11\
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.\12\ Consistent with this practice, in this
review, we preliminarily calculated a weighted-average dumping margin
for Xugong that is above de minimis and not based entirely on AFA;
therefore, the Department preliminarily assigns to Desizheng,
Jinhaoyang, Jintongda, Sailun, Qingdao FTZ, Qihang, TWS Xingtai,
Zhongwei, and Zhongce the weighted-average margin calculated for Xugong
as the separate rate for this review.
---------------------------------------------------------------------------
\11\ 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.
\12\ 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.
---------------------------------------------------------------------------
PRC-Wide Entity
The Department's change in policy regarding conditional review of
the
[[Page 71070]]
PRC-wide entity applies to this administrative review.\13\ 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 is
not subject to change (i.e., 105.31 percent).\14\ Aside from the no
shipments and separate rate companies discussed above, the Department
considers all other companies for which a review was requested, were
not found eligible for a separate rate based on information provided,
including Guizhou Tyre Co., Ltd. (``GTC''),\15\ Aeolus Tyre Co., Ltd.,
and Tianjin Leviathan International Trade Co., Ltd., to be part of the
PRC-wide entity.\16\ For additional information, see the Preliminary
Decision Memorandum.
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\13\ 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).
\14\ 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).
\15\ The Department notes that it previously collapsed GTC and
Guizhou Tyre Import and Export Corporation (``GTCIE''), into a
single entity and that that decision is unchallenged in the instant
review. See Certain New Pneumatic Off-The-Road Tires From the
People's Republic of China; Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 73 FR
9278, 9283 (February 20, 2008), unchanged in Certain New Pneumatic
Off-The-Road Tires from the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value and
Partial Affirmative Determination of Critical Circumstances, 73 FR
40485 (July 15, 2008).
\16\ See Preliminary Decision Memorandum. See also Memorandum to
the File, ``Preliminary Denial of Separate Rates in the Antidumping
Duty Administrative Review of New Pneumatic Off-the-Road Tires from
the People's Republic of China,'' dated concurrently with and hereby
adopted by this notice.
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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, normal value (``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,
2014, through August 31, 2015:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Xuzhou Xugong Tyres Co., Ltd., Armour Rubber Company 33.58
Ltd., or Xuzhou Hanbang Tyre Co., Ltd...............
Shiyan Desizheng Industry & Trade Co., Ltd........... 33.58
Qingdao Jinhaoyang International Co., Ltd............ 33.58
Sailun Jinyu Group Co., Ltd.......................... 33.58
Weifang Jintongda Tyre Co., Ltd...................... 33.58
Zhongce Rubber Group Company Limited................. 33.58
Weihai Zhongwei Rubber Co., Ltd...................... 33.58
Qingdao Qihang Tyre Co............................... 33.58
Qingdao Free Trade Zone Full-World International 33.58
Trading Co., Ltd....................................
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.... 33.58
------------------------------------------------------------------------
Additionally, the Department preliminarily determines that GTS,
Aeolus Tyre CO., Ltd., and Tianjin Leviathan International Trade Co.,
Ltd., to be a part of the PRC-wide entity.
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.\17\ 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.\18\ 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.\19\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.\20\
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\17\ See 19 CFR 351.309(c)(1)(ii).
\18\ See 19 CFR 351.309(d)(1)-(2).
\19\ See 19 CFR 351.309(c)(2), (d)(2).
\20\ See 19 CFR 351.303 (for general filing requirements).
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Any interested party may request a hearing within 30 days of
publication of this notice.\21\ 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, 1401 Constitution Avenue NW., Washington, DC
20230.\22\
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\21\ See 19 CFR 351.310(c).
\22\ 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.
[[Page 71071]]
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.\23\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
---------------------------------------------------------------------------
\23\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
For assessment purposes, the Department applied the assessment rate
calculation method adopted in Assessment Rate Modification.\24\ 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.\25\ 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.\26\ 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.\27\
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\24\ 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)
(``Assessment Rate Modification'') in the manner described in more
detail in the Preliminary Decision Memorandum.
\25\ See 19 CFR 351.212(b)(1).
\26\ See 19 CFR 351.106(c)(2).
\27\ See Preliminary Decision Memorandum.
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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.\28\
---------------------------------------------------------------------------
\28\ 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: October 5, 2016.
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. Preliminary Determination of No Shipments
V. Discussion of Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value Data
C. Surrogate Country
D. Separate Rates
E. Margin for the Companies Individually Examined
F. Margin for the Separate Rate Companies Not Individually
Examined
G. Margin for Companies Not Receiving a Separate Rate
H. Date of Sale
I. Comparisons to Normal Value
J. U.S. Price
K. Normal Value
L. Factor Valuations
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation
[FR Doc. 2016-24821 Filed 10-13-16; 8:45 am]
BILLING CODE 3510-DS-P
